Child and youth welfare facilities
In 2013, the NPM resolved, after consultation with the Human Rights Advisory
Council, the topic of “Measures to prevent violence” as a monitoring priority
for visits to facilities for children and adolescents in out-of-home care. The
evaluation of the interviews held by the commissions with minors and staff
indicate that in the year under review violence in a wide range of forms poses
a problem in almost every facility. The staff complain about an increase in the
propensity of minors to use violence. In 2017, there were also observations that
minors in socio-pedagogical shared accommodations or homes were victims
of violence or abuse by other minors.
Propensity to use
violence is on the rise
The commissions still observe that pedagogic staff do not take part in regular
training on the topic of violence prevention, meaning that neither a conscious
handling of violent incidents takes place nor measures for de-escalating
conflicts are taken. Experience of the NPM verifies, however, that caregivers
who have been trained in dealing with de-escalation can handle the situation
more competently. The objective of these training programmes is to learn how
to counter aggressive or violent behaviour and how to act appropriately in
such a situation.
Violence protection concepts are an important tool in violence prevention.
However, they are still not the standard in every child and youth welfare
facility. Besides, the commissions also experienced that there are specific
guidelines in many facilities but that the staff are not familiar with them.
Violence protection
concepts do not exist or
are unknown
Time and again children and adolescents are victims of sexual violence in
out-of-home care. This also happens frequently between children. Often
those boys and girls who have experienced abuse in their own families are
particularly vulnerable, as they were unable to develop a reliable sense of
proximity, distance and boundaries. Sexual assault occurs when sexual acts
are forced. In such cases, a power imbalance or mutual trust is often exploited
and the victim threatened or subjected to physical violence.
It is the responsibility of the qualified staff to protect minors from sexual
assault. If once this protection was not possible, such incidents must be
worked through in as far as possible, as the way in which the victims, the
minor perpetrators and other residents are dealt with is very important. The
following examples demonstrate that failure to take effective measures after
initial evidence of boundary violations comes to light can have far-reaching
consequences.
Sexual assault of
children in out-of-home
care
During a holiday programme with children from different shared
accommodations in Burgenland, an 11-year-old was suspected of having
participated in sexual assault. He stated that he had also been subjected to
sexual assault by an older resident in a shared accommodation. The boys were
interviewed in the child protection centre. However, as their statements differed,
it was not possible to clarify what had actuallyhappened. The suspected boy
remained in the shared accommodation and nothing was undertaken to
Particularly serious
negligence
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