Retirement and nursing homes At the moment, an explicit right to respectful, professional nursing or care based on current standards is only stipulated in the Laender laws of Vienna and Tyrol. The right to medical care (including adequate treatment of pain) is only stipulated in Vienna, Tyrol and Styria. The situation is similar with regard to the right to die with dignity, which is anchored solely in the laws of Vienna and Lower Austria. The right to end-of-life care by relatives or other trusted persons is only found in the laws of Lower Austria and Burgenland. Currently, only the pertinent laws of Vienna, Styria and Burgenland contain the right to an appropriate diet (in accordance with medical knowledge). The right to sufficient fluid intake in long-term care is only documented in Vienna. And it is only in Vienna that the home operators are obliged to honour the right to measures that preserve and support functional integrity and reintegrate the residents through the help of therapists. A right to the support and nurturing of one’s own abilities, independence, self-determination and personal responsibility is currently only stipulated in the laws of Lower Austria, Tyrol and Vorarlberg. In Vienna on the other hand, a right to function-preserving, function-supporting and reintegrating measures as well as a right to go or be taken outside (in fresh air) have been incorporated into law. None of the Laender laws contain considerations relating to the – regardless of age and the extent of care and help needed – vested right to sexuality and respect for gender identities. Neither is there reference to the rights that might enable residents to influence their quality of life as well as the content and the forming of care relationships (right to primary nursing, right to same-sex care, right to validation, hospice or palliative care etc.). There is also no mention of guarantees from the UN Convention on the Rights of Persons with Disabilities (CRPD) such as the right to supportive communication, rehabilitation, participation, integration in society etc. The human rights obligation on the preventive protection against violence and the right to non-violent care are not mentioned in the Laender laws either. With regard to the right to life and physical integrity (cf. Article 2 ECHR, Article 6 ICCPR) as well as the prohibition against subjection to cruel, inhuman or degrading treatment (cf. Article 3 ECHR, Article 7 ICCPR), a preventive approach in the area of the nursing and care of elderly persons in nursing homes is mandatory. The same applies for the protection against arbitrary deprivation of liberty (cf. Article 5 ECHR, Article 1 Federal Constitutional Law on the Protection of Personal Freedom, Article 9 ICCPR), which however has a uniform regulatory content nationwide thanks to the Nursing and Residential Homes Residence Act (Heimaufenthaltsgesetz). In order to protect elderly persons in long-term care against violence or abuse or arbitrary deprivation of liberty, in addition to adequate financing and staffing of control mechanisms such as the supervision of homes and resident representatives pursuant to the Protection against violence and arbitrary deprivation of liberty 29