Preface
The mandate to protect and promote human rights was endowed on the Austrian
Ombudsman Board (AOB) in July 2012. The year under review 2017 can be seen as
an important milestone in exercising this preventive mandate: the AOB and its six
commissions have been committed to protecting persons deprived of their liberty from
abuse and inhuman treatment for five years.
During this time, over 2,300 institutions and facilities were visited and some 300
police operations observed. Thanks to the unannounced visits, the examination of
documentation and confidential meetings with the personnel and affected persons in the
visited facilities many deficiencies were uncovered. The overwhelming majority of these
can be classified as of a structural nature. These deficiencies are thus not attributable
to accidents, carelessness or selective misconduct, but caused by structural peculiarities.
The politically competent persons and the supervisory authorities were informed.
The Austrian NPM made over 500 recommendations and defined standards – also as a
result of international experience – which should be guaranteed in the institutions and
facilities. It has been successful in improving protection of human rights in many cases
to date. However, in some areas, far-reaching reforms on the political side are necessary
which can neither be resolved in the short-term nor implemented quickly.
The NPM is doing everything in its power to accelerate these processes. Public support
is also necessary to this end. Prevention needs the general public, as information and
the right attitude are required. A key aspect of the NPM is thus raising public awareness
for human rights. This is done by using a large number of events aimed at different
target groups, lectures, cooperation with the media and consistent PR work in an effort
to make human rights a topic of discussion and ingrain respect for human dignity in
society.
That these efforts are already bearing fruit can be seen from the media coverage after
the last annual report was sent to Parliament. Various media seized the findings of
the AOB and its commissions. There was great concern about the detected cases of
maladministration, and the debate on guaranteeing human rights gained new
momentum. Human rights violations towards the residents of retirement and nursing
homes in particular were at the centre of the public discussion. This report shows once
again that there are still grave deficits in retirement and nursing homes that must
be rectified as soon as possible. The dominating theme of retirement and nursing
homes in 2017 should however not detract from the fact that there are many persons
who are deprived of their liberty in institutions and facilities and that these groups of
people are at considerable risk of being treated inhumanely. These include children
and adolescents, persons with disabilities, detainees and patients in psychiatric wards.
Many of the findings of this NPM report refer to these groups of people and do not only
highlight the need for action but also point out possibilities for improvement.