What is legal and policy work for NPMs?

NPMs work to drive change in deprivation of liberty systems. Sometimes the necessary changes relate to what is occurring within places of deprivation of liberty themselves. However, very often the underlying causes of problems are to do with things that are outside the place itself. These might include issues relating to institutional culture; regulations or lack of thereof; laws and policies; and issues in society more generally (including a culture of discrimination against particular groups). 

This is why NPM recommendations for change should not only target what happens in specific places of detention but also the broader legal and policy environment of the country. 

By policy, we mean the objectives or courses of action pursued by the authorities on a given topic. Policy can be both high level – for example the overall strategic direction and objectives set by a responsible ministry (for example on how healthcare in prison is allocated, managed and funded), as well as operational level – for example the rules of procedure and operating manuals that govern the day-to-day work of staff within a particular sector or type of establishment (for example, how they carry out body searches and use restraints or force in practice). 

By laws, we mean provisions and rules of conduct or actions that are prescribed, enacted, and/or enforced by recognised authorities (such as legislatures and/or executive or judicial entities). Laws can be national, federal and local and can be called: acts, legislation, decrees, and bills, among other things, depending on the context.