MONITORING MECHANISMS OF PLACES WHERE CHILDREN ARE DEPRIVED OF THEIR LIBERTY
C. NATIONAL MECHANISMS
At the end, complemented by international and regional monitoring bodies, there
are national monitoring bodies. The following list is a non-exhaustive list of the
different types of national monitoring bodies that have been identified through
the national research performed in the framework of the “Children’s Rights Behind
Bars” project.
Statutory Monitoring bodies
These are monitoring bodies whose responsibilities and functions are established
by law. In order to guarantee their independence, they should be established
by and accountable to the Parliament to whom they report publicly. It should
be legislated for them have full access to all kind of places where children are
deprived of their liberty and produce reports to authorities that shall follow up
on their recommendations.
NPMs established under the OPCAT
NPMs are independent external bodies (existing or to be created) able to carry
out unannounced visits to all places where people, including children are deprived
of their liberty, to establish reports including recommendations and to follow up
their implementation.
States Parties are free to choose the type of body that is most appropriate to their
particular legal context (ex: a national human rights institution, an ombudsperson,
a parliamentary commission, an NGO, etc.) and whether the NPM should be unique
or should form a system of several bodies or commissions based on a regional or
thematic division of task for example.
The SPT adopted (in 2010) a set of Guidelines on national preventive mechanisms
in order “to add further clarity regarding the expectations of the SPT regarding the
establishment and operation of NPMs” as well as an Analytical self-assessment tool
for NPMs.
43
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents