Fundamentals rights section General Hospital indicated that the sudden cause of the baby’s death could not be sufficiently explained by the findings available, which is why an autopsy was necessary. This was also unobjectionable in the light of the freedom of religion. But the investigation procedure of the Ombudsman Board showed severe shortcomings concerning the information and communication about the autopsy. The complainants were incorrectly informed about the type and scope of the postmortem examination by the hospital. If the necessity of a more comprehensive autopsy only appeared later, the hospital would have had to so inform the parents voluntarily and immediately. This did not occur and therefore constitutes a violation of a fundamental patient’s right and the duty of physicians to divulge information. In its comments, the General Hospital acknowledged that mistakes were made, admitted these in a meeting with the parents, and apologized. General improvements in this area were announced by the hospital management as a consequence of this tragic case. 3.7.3. Discrimination based on lacking communication infrastructure 3.7.3.1. Application procedure for a position as an intern The possibility of communication via the Internet must not be made a condition of application in an application procedure. People without Internet access must also, as an example, have the possibility to apply for a position as an intern. An applicant for an internship informed the Ombudsman Board that in the procedure carried out by the Lower Austrian Provincial Government, applications are only possible by Internet. The Ombudsman Board initiated an investigation procedure in this matter and considered it discriminating that the possibility of communication via the Internet and thus personal Internet access becomes a condition of application. As a result of the investigation procedure the Lower Austrian Provincial Government will in the future point out in information material that application forms can also be requested in writing or by telephone and sent in by mail. It must be assured that persons with no personal Internet access also have the possibility of applying for an internship at all. 32 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008

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