Why is law and policy work relevant to NPMs?

Government policies and legislation are relevant to the work and functioning of NPMs in two ways: 

First, laws and policies set the framework for all aspects of deprivation of liberty, including the number, treatment, and situation of persons who are deprived of liberty – all of which rest at the core of NPM’s substantive mandates. Of particular significance are laws and policies in the areas of human rights and torture prevention, non-discrimination, criminal justice and crime prevention, corrections, policing and law enforcement practices, mental health, and children’s rights, among others. 

Second, the NPMs have the mandate to engage at legal and policy level, granted by Article 19 of the OPCAT (see paragraph below).

Finally, NPMs are themselves established by, and operate in accordance with, their legislative mandates. NPM legislation, together with its underlying policies, is fundamental to determining the scope of its powers, its operational and financial independence, and ultimately its effectiveness. This means that NPMs may choose to push for changes in law and policy affecting both deprivation of liberty and with the aim of strengthening their own institutions.