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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents