Monitoring psychiatric
institutions: what role for NPMs?
In response to the many risks identified, NPMs can play a key role
in strengthening the protection of persons placed in psychiatric
institutions. Their preventive mandate allows them to visit these
places of deprivation of liberty to observe the treatment of persons
deprived of liberty and the conditions in the establishment, with
the aim of identifying the causes of torture and other ill-treatment
and, based on their findings, to engage in a dialogue with the state
authorities to improve laws and practices. It is thus incumbent
upon them to guide the authorities towards adopting legislative
frameworks and public policies based on non-discrimination and
the respect for human rights. The NPMs also play a significant role
in raising awareness among the general public by publishing reports
or statements on their findings.
To achieve this, it is essential that everyone within each NPM is
aware of the standards that govern the deprivation of liberty of
persons with mental disabilities, including the principles enshrined
in the CRPD. It is, moreover, essential that NPMs be trained on the
specificities of monitoring psychiatric institutions and that they
define the scope and limits of their monitoring mandate.
Scope and limitations of NPMs’ preventive mandate
How do NPMs tackle the issue of international standards on
deprivation of liberty of persons with mental disabilities, but
also in connection with the use of restraint or seclusion? Should
they question the deprivation of liberty as such and encourage
alternatives to institutionalisation and the right of persons with
mental disabilities to live independently within the community?
Most NPMs recognise that the CRPD standards are a reference
and that the principle of non-discrimination and recognition of
persons with disabilities as subjects of rights must govern their
action. Nevertheless, they have identified major obstacles to the
implementation of these principles, in particular the reassessment
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents