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Organization for Security and Cooperation in Europe (OSCE) level. The
golden rule of detention monitoring is that monitors should base their
work on such standards, which are the most protective. It would be in
fact unlawful for a national human rights institution to do otherwise,
in so far as the legally binding instruments at the national and at the
international level are concerned. Where national standards are higher
than those of the international law, they would normally provide the basis
of monitoring work of NPMs and international law would not only allow
but would also encourage this. Where international legal standards are
more protective, the national constitutional framework would usually
require that international law prevails. Moreover, in the majority of
European states, international legal standards are directly applicable into
the national system, also where they contradict national law.
With regards to international “soft” standards, they of course cannot be
cited as legally binding norms. But nothing should prevent NPMs to adopt
them as a basis of their work and of their recommendations to the national
authorities. NPMs and national human rights institutions in general are
expected to lead in implementing ever more progressive standards of human
rights protection. This should be their role in every European country.
NPMs are expected not only to assess how the reality of detention complies
with the law, but to also recommend changes of the law in order to achieve
better protection in a constantly and progressively evolving system.
HM Inspectorate of Prisons, acting as the NPM in the United Kingdom, developed criteria for assessing the treatment of children
and conditions in prisons. These are regularly updated. The document formulates standards in four spheres embracing all aspects
of imprisonment starting with the travel from the courtroom and
ending with the release. These include: safety, care, purposeful activity, and resettlement. In each of these spheres the document states the expectations of monitors and indicators which
should be fulfilled in order to meet these expectations. These indicators are based on a wide variety of standards – the norms of
national law, as well as the standards of the ECHR, ICCPR, CRC,
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