Section Four National Preventive Mechanism member profiles OPCAT compliance As Scotland’s national human rights institution, the Commission has been accredited by the UN and is considered by it to be compliant with the Paris Principles. This is relevant to the Commission’s role as a member of the NPM as Article 18(4) of OPCAT requires that when designating NPMs, States Parties should give due consideration to the Paris Principles.50 Although the Commission does not carry out ‘regular’ visiting of places of detention as required by OPCAT, the broad scope of its powers to enter any place of detention are potentially useful to the UK’s NPM. Whereas most other NPM members are able to enter only specified places of detention (for example, a prison or a police custody facility), the Commission is able to enter any place where a person is or may be detained. Thus, where there are gaps in the coverage of the other NPM members in Scotland, the Commission is able to step in and ensure the human rights of detainees are respected. Summary of activities The Commission is only a recently established body and has not as yet conducted a formal inquiry and used its power to enter a place of detention. Nevertheless, the Commission has sought to promote the human rights of detainees. In 2009, the Commission published an independent evaluation of the experience of The State Hospital which had sought to adopt a human rights culture. The State Hospital provides psychiatric care in conditions of high security for persons with mental illness who are detained under mental health or criminal law. The evaluation found that, by adopting a human rights-based approach to its work, The State Hospital increased satisfaction among patients over their care and treatment. There was a reduction in ‘blanket’ policies and an increased focus on risk assessment of individual patients. Procedures to manage violence and aggression were now seen as proportionate, seclusion was not routinely used as a punishment and patients actively engaged in decisions affecting them. Applying a human rights-based approach also led to increased work-related satisfaction among staff, a fairer environment and improved relations between staff and patients.51 The Commission’s evaluation provides lessons for other public authorities and the Scottish Prison Service is now considering the possibility of adopting a human rights-based approach. This year, the Commission also published a human rights framework for the design and implementation of remedies for cases of historic child abuse in Scotland. This framework includes recommendations relating to the right to dignified and appropriate conditions of detention for children held in residential care.52 Looking forward In the coming year, the Commission will continue its work on human dignity in care settings as well as justice and remedies for adults who were abused in residential care as children. 50 The Principles relating to the status of national institutions for the promotion and protection of human rights (The Paris Principles) are a series of recommendations on the role, status and functions of national human rights institutions, with a focus on independence, adopted by the UN General Assembly in 1993. 51 SHRC, Human rights in a health care setting: making it work for everyone, an evaluation of a human rights-based approach at The State Hospital (2009). 52 SHRC, A human rights framework for the design and implementation of the proposed “Acknowledgement and Accountability Forum” and other remedies for historic child abuse in Scotland (2010). 47