JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2016 of “substitute decision-making” systems and the goal of deinstitutionalisation, as a result of the profound societal reforms underlying the paradigm shift deriving from the Convention. In addition to the issue of applicable standards, NPMs discussed their role in the implementation of these standards and the challenges they face for their actions and recommendations to help reduce the gap between legislation and practice. “Our role as NPM is to address recommendations that the institutions can implement and not just to reiterate standards that they know, or are supposed to know. We have to bridge this gap between the standards and the very challenging practice, dealing with these difficult situations on a daily basis. That, I think, is our biggest challenge as NPM: to have practical recommendations for the institutions, and convince them that this is the right approach so that they then implement these recommendations.” Sandra Imhof, NPM, Switzerland In terms of the deprivation of liberty itself, some NPMs and the SPT believe that to prevent arbitrary detention, it is in their remit to evaluate the legality of deprivation of liberty in a psychiatric context, and to verify if the person has indeed been placed “voluntarily”. During the discussions, some of the participants stated that it is not enough to call for an improvement to institutional practices. In light of NPMs’ various practices, they discussed whether deinstitutionalisation is a necessary precondition for respecting the rights of persons with disabilities. Under the CRPD, providing care without resorting to institutionalisation is a requirement that the States Parties must pursue immediately. However, what should the NPMs’ role be? Should they take a position on a particular health model or does this exceed their mandate? Even though most of the NPMs present subscribed to the key principles of the Convention (non-discrimination, autonomy), not all of them approached implementation in the same way in practice. Some mechanisms actively promote deinstitutionalisation as an immediate requirement, believing it is the most effective 32