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
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