Institutions for persons with disabilities the time-out room was designed better; in another, awareness processes with regard to restrictions of freedom were initiated. Sometimes the conditions criticised by the NPM continue to exist at first because the implementation of the recommendations takes longer or can only be realised in stages or those who will have to pay for them reject the improvements in the first place. Misconceptions of guarantees of UN CRPD The NPM observed on many occasions that some operators and authorities have misconceptions of disability, barrier-free accessibility, self-determination or inclusion. Even in the sixth year of the activities of the NPM, it is still necessary to first create awareness in meetings for the material guarantees of the UN Convention on the Rights of Persons with Disabilities (UN CRPD) which has been applied since 2008. UN CRPD protects persons with psychological impairments Pursuant to Article 1 of the UN CRPD, persons with disabilities include those “who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others“. This perception of the term is to be found neither in politics, the media nor in the public opinion in Austria. In some cases it is still denied to the commissions that persons with chronic mental illness and persons with substance use disorders suffering from mental impairments are covered by the scope of protection of the UN CRPD. Barrier-free accessibility means access without help from third parties The NPM has to educate on many levels. One supervisory authority argued for example that, contrary to the observations of the commission, an accommodation was barrier-free. And this even though the supervisory authority knew that wheelchair users could only use exits with the help of mobile ramps and are therefore dependent on assistance from the staff. The guaranteed barrier-free accessibility is thus not given, as this by definition requires access to the surrounding area without help from third parties in as far as possible. A lack of barrier-free accessibility was also evident in the inappropriate layout and furnishings of many institutions and facilities including too high reception counters in the entrance area or cloakrooms, and sanitary facilities that are unsuitable for wheelchair users. Some structural measures would have had to be reported as measures that restrict freedom pursuant to the Nursing and Residential Homes Residence Act (Heimaufenthaltsgesetz). These included doors that could only be opened by physically strong or big persons. External experts with disabilities who are consulted regularly by the NPM provide important input when dealing with these questions in particular. In 2017 the NPM also experienced that criticism substantiated by visual evidence by these persons during the visits was accepted. Self-determined persons make their own decisions But, as the NPM observed on several occasions, perceptions of what selfdetermination in essence means are often only sketchy in the institutions and facilities. Self-determination means that persons can make their own decisions 84

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents