Child and youth welfare facilities The supporting measure for young adults is capped at the age of 21 in any case. This is also a point of criticism by the NPM, as many minors who are living out of home do not start higher education for fear of not being able to complete it in time before the support stops. XX  The NPM demands an entitlement to support after reaching the legal age. XX  Measures for young adults should be approved for the entire duration of their education. 2.3.12 Unaccompanied minor refugees in reception conditions under the Basic Provision Agreement Unaccompanied minor refugees are entitled to special protection and assistance from the state (Article 20 United Nations Convention on the Rights of the Child (UNCRC)). This obligation to protect and the measures derived therefrom are also explicitly set forth in the EU Reception Conditions Directive (2013/33/EU). The NPM uses these legal bases – besides the UNCRC, the ECHR, the EU Charter of Fundamental Rights and the Federal Constitutional Act on the Rights of Children – as assessment criteria for the fulfilment of state obligations. Pursuant to the UNCRC, unaccompanied minor refugees must be guaranteed the highest attainable health standard (Article 24). With Article 28 of the UNCRC, the Republic of Austria also recognises the right of every child to education. Other Articles of the UNCRC are also of importance for refugee children: the principle of non-discrimination (Article 2); the obligation to family reunification (Articles 9 and 10); the right to benefit from social security (Article 26) as well as adequate standards of living and maintenance (Article 27). Assessment criteria The laws relevant for child and youth welfare (Federal Children’s and Youth Service Act) and the enacted implementing laws of the Laender as well as the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch) make no distinction between minors from Austria and unaccompanied minor refugees. This is fulfilled for underaged unaccompanied minor refugees who are usually admitted to socio-pedagogical facilities. Older, predominantly male adolescents on the other hand, remain in reception conditions under the Basic Provision Agreement. No justification for different standards This has not only a negative impact on the quality of care. The distinction between Austrian children and refugees in this area is illegal and unconstitutional in the view of the NPM. The Supreme Court has also ruled that minors without Austrian citizenship must be treated the same as Austrian minors with regard to child and youth welfare services (OGH 4Ob 7/06t). 79