sole TV set in the communal room required permission from staff.
Residents were not allowed to lock their rooms, and after they
returned from visits home they were only allowed to unpack their bags
with the help of a care worker. They were instructed to always ask
when they wanted something or wished to do something. During the
interviews conducted by the commission, they were not able to
explain why these rules existed, and through non-verbal
communication expressed the view that they did not understand the
rules. Encouragingly, with the help of external support this facility has
since reviewed all its principles for action (operations plan, sexual
education plan and concept of “fully assisted living”), drawn up new
house rules with the residents’ assistance, and developed a selfrepresentation model. Furthermore, the regional government of Styria
has announced that in the near future it will assess the
implementation of these measures.
A further indicator of lack of self-determination is the approach to
sexuality at institutions and facilities. At numerous residential homes,
the commissions found there were deficits in this regard. Many
institutions and facilities lack pedagogical concepts regarding sexual
education. It cannot be taken for granted that support will be provided
regarding exploration/experience of sexuality and issues surrounding
masturbation, relationships, contraception and parenthood. In an
institutional context it is vital that persons with disabilities not be
viewed as asexual or treated as such. Failure to acknowledge
sexuality prevents development of positive feelings about the body. It
is much more difficult to categorise sexual excitement or the need for
closeness or distance if during bath time or when getting
dressed/undressed one has to rely on others or is accustomed to
other people having control over one’s body. It is important to be able
to discuss issues such as what should be considered normal care,
how sexual desire should be handled, how satisfaction can be
achieved, respect for other peoples’ boundaries, and awareness of
what behaviour constitutes sexual encroachment, without these
subjects being taboo. A failure to handle issues surrounding sexual
self-determination makes individuals susceptible to violence and
abuse.
Sexuality must not be a
taboo subject
The commissions often observed the detrimental effects of a lack of
structural accessibility in institutions and facilities. The NPM considers it
an infringement of human rights when state-authorised institutions
and facilities, at which in many cases the cost of care is borne by the
state, restrict mobility and autonomy of persons with disabilities by
failing to provide adequate accessibility in a manner that could be
avoided. In numerous cases, the NPM has persuaded the institution in
question to eliminate these shortcomings. Moreover, at older
institutions and facilities the Laender as the operator organisations for
providing assistance for persons with disabilities tolerate enormous
deficits. It is true that long transition periods for ensuring full barrier-
Restrictions of mobility
due to inadequate
structural accessibility
infringe human rights
76
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