Part III: A systematic change perspective
The need to clarify underlying assumptions
Members of NPMs (but also other actors) approach the monitoring work with a set of beliefs and
assumptions about how change will happen. These beliefs shape their thinking about what conditions are
necessary for success, which tactics to undertake in which situations, and what changes need to be achieved
along the way.277 However, these assumptions are seldom made explicit and/or put to critical reflection,
although this is what any thorough strategic approach with a view to maximising change requires. It is
safe to say that not clarifying assumptions has detrimental consequences on the rigor of planning and
performing of action. In the NPM context, it has a further problematic aspect: Given the legally required
multidisciplinary composition of NPMs, it complicates proper communication among persons trained in
different disciplines and thus having very different outlooks and probably basic assumptions about the
social world. The recurrent theme of the legal outlook dominating the approach of NHRIs278 and human
rights studies in general279 is best to be dealt with in this light. While research about and practice of
introducing change perspectives stress this element of constant reflection on one’s basic assumptions
as essential, it constitutes - at the same time - a fundamental challenge to implementation in practice.280
It requires an open mind which is able to think out of the box as well as adequate structures and time
dedicated to it.
Use of multidisciplinary composition of NPMs for follow-up action
The need for interdisciplinary approaches is clearly recognised in the field of preventive monitoring.
According to article 18 OPCAT, NPMs must be composed of persons with the required capabilities
and professional knowledge. Such a multidisciplinary composition is necessary in order to achieve a
comprehensive understanding of the situation in places of detention. The Regional Forum on the OPCAT
implementation in the Latin American region stated in this regard:
There is a need to integrate the respective knowledge of the different disciplines
represented in the NPM into a fully transdisciplinary approach of the mechanism. Such an
approach would allow the merging of the knowledge of the different disciplines, resulting,
in particular, in a more complete understanding of the reality and the causes of torture
and ill-treatment and of effective solutions to tackle them.281
It is quite clear that interdisciplinary perspectives should be present throughout the whole monitoring
process, including follow-up.282 For example, with regard to the role of physicians and other health
professionals, the APT says the following:
A physician, or other health professional, can provide an invaluable contribution to the
drafting of the report and recommendations, to the dialogue with the authorities, as well
as to the follow-up of the implementation of recommendations. A medical perspective is
vital in all reflections on preventing torture and improving the system and conditions of
detention, including observations on legislative aspects.283
Most NPMs seem to use the multidisciplinary composition and/or expertise for their visiting work and less
for follow-up measures, and engagement of experts from disciplines other than the legal is still mostly
ad hoc and not systematic. An example of the use of multidisciplinarity in follow-up is the practice of
the Bulgarian NPM which included its medical expert in discussions with the authorities regarding a new
S Stachowiak, Pathways to Change: 10 Theories to Inform Advocacy and Policy Change Efforts (Organizational Research
Services 2013) 1 [hereinafter: Stachowiak (2013)].
278
International Council on Human Rights Policy (ICHRP), Performance and Legitimacy: National human rights institutions
(2nd edn, 2004) 77.
279
M Freeman, Human Rights, An Interdisciplinary Approach (2nd edn, Polity Press 2011) 8.
280
Consultation with Amnesty International on 9 March 2015.
281
APT, Regional Forum in Latin America (2014) 29.
282
APT, Visiting Places of Detention: What role for physicians and other health professionals? (2008) 7.
283
Ibid 7.
277
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