MONITORING PSYCHIATRIC INSTITUTIONS
way of preventing torture. In Brazil, the NPM operates within the
framework of a reform of the psychiatric system (Law 10216 of
2001), which recommends replacing psychiatric hospitals with
services in the community. The Paraguayan NPM has also given
the example of a rural indigenous community, which does not use
institutionalisation, to illustrate that the perception of the risks
related to mental disability can also be culturally conditioned. Other
NPMs see deinstitutionalisation as a long-term goal and adopt a
more “pragmatic” approach that consists of questioning cases of
arbitrary detention and checking that all guarantees are in place to
prevent ill-treatment, in particular the application of the principle of
free and informed consent to treatment.
Finally, if NPMs and other monitoring bodies can be led to call for
the closure of psychiatric establishments and promote community
care, there remains the issue of ensuring appropriate measures are
in place in the community. It is clear that the absence of community
services cannot, under any circumstances, justify institutionalisation,
but monitoring bodies’ concern about the future of persons with
mental disabilities is legitimate. Several participants expressed their
concerns about the lack of health-care services in the community
and highlighted the need for states to develop such services instead
of renovating long-term stay institutions. In the case of persons in
conflict with the law, they also alerted their peers to the need to
ensure that the closure of psychiatric establishments does not result
in an increase in the number of persons with mental disabilities in
prison.
Main methodological challenges
Participating NPMs debated the specificities and methodological
challenges of monitoring psychiatric institutions, in particular: the
composition of the visiting team, issues related to the staff of the
establishments and interviews in private with the users of psychiatric
services.
Composition of the visiting team
When states create their NPM, the OPCAT requires they ensure NPM
staff and members form a multidisciplinary team. This allows the
mechanism to benefit from a range of points of view according to
each person’s area of expertise. During the Symposium, the NPMs
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