before. It pointed out that from 1999 on, there had been repeated
complaints and suggestions for reassessing the living situation at the
association’s premises; it also alleged that the official grounds for an
intervention had undergone assessment. However, the regional
government of Upper Austria took the view that in family-type living
arrangements such as this, those grounds were not fulfilled for
persons under legal guardianship who in legal terms are not the
decision-makers regarding the location of their residence. In the
opinion of the operators of facilities for persons with disabilities, in
cases where the choice of a legal guardian about the place of
residence is deemed contrary to the individual’s interests, the only
remaining option is to submit a petition to the relevant court
requesting that a new legal guardian be appointed.
This response prompted the NPM to consult the Human Rights
Advisory Council, and concrete recommendations were able
afterwards. In light of this case, the question of how to allocate
responsibilities within Austria in order to fulfil the duty to protect
human rights and prevent degrading and inhuman treatment of and
violence against persons with disabilities needs to undergo in-depth
analysis. Various federal and Land regulations apply to aspects of
whether such care settings are permissible and to sanctions in the
event of infringements. This may be one of the reasons why there has
been diffusion of responsibilities.
Human Rights Advisory
Council consulted
Case 2:
In Salzburg, Commission 2 visited an officially approved facility where
35 persons with disabilities – aged between 14 and 52 and requiring a
high level of care – have been divided into five residential groups.
Some of these individuals have been receiving care for a long time. On
the day of the visit, the NPM observed how warmly the care staff
treated the residents, even though the basic conditions and
prerequisites under which the work had to be performed ultimately
seemed unacceptable to the NPM.
The building, which does not ensure barrier-free accessibility for
persons with disabilities, is not equipped for providing care to so many
people. Due to a shortage of space, nine people live not in rooms but
rather simply occupy beds situated in communal rooms, corridors or
passageways. Furthermore, the privacy of children, women and men
is infringed in an inhuman and degrading manner. None of the
residents’ toilets is situated in a closed-off location; all the toilets are in
an open setting adjacent to showers or baths. None of the bathrooms
contains visual protection. Toilets are used while other residents are
being washed within a confined space. There is no gender
segregation when going to the toilet or attending to bodily hygiene.
Gender-specific care as a component of violence prevention has not
even been considered.
Inhuman and degrading
conditions
79
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