shortage of staff are evident from the outset. At two crisis centres from the city of Vienna, staff complained about the lack of adequate socio-therapeutic residential places for children and adolescents with mental health problems and aggressive behaviour patterns. It was reported that instead of six weeks as stipulated, children had to spend some months in crisis centres until a suitable facility could be found, even though the evaluation phase had long since ended. Commission 4 was told about several adolescents in particular who were instructed to go home after several months (in one case after eight months) due to the lack of care places suitable for their needs. Excessive waiting times and further threats to the child’s welfare in the family of origin because of the lack of alternatives constitute a disregard of the duty to protect which the competent authorities for child and youth welfare and protection are supposed to fulfil for minors with poor prognoses for development. Children and adolescents continuing to live in crisis centres after the end of the evaluation phase Although additional socio-therapeutic places have been created over the past few years – in Vienna and several of the Laender at last – supply still does not meet demand. A process of decentralisation, involving a shift of emphasis away from large-scale homes towards smaller divested shared accommodations, has already begun in several Laender and has already achieved visible successes. Vienna completed a process of home reform in 2000 and is the pacesetter in that regard. Lower Austria has now begun a restructuring process, as a response to recommendations in scientifically-based child and youth welfare and protection plans. The regional government of Tyrol has stated that it is aware of the need to decentralise child and youth welfare and protection facilities, and intends to act on the NPM’s suggestions as part of a fairly long term process. The other Laender are expected to follow suit. Process of decentralisation has already proved successful During follow-up visits to several institutions and facilities, the commissions noticed marked improvements in participation. Institutions and facilities are making an increased effort to ensure that the wishes and suggestions of children and adolescents are taken into account by creating children’s teams and “house parliaments”, as well as with regard to decisions on specific cases. This is particularly welcome in light of Article 12 of the UN Convention on the Rights of the Child and Article 4 of the Federal Constitutional Act on the Rights of Children, which state that the opinions of children must be taken into account. It is important to children and adolescents, particularly to those in out-of-home care, that channels and options for active participation are set up in areas of life relevant to them; moreover, this is a significant aspect of ensuring that human rights are upheld. Noticeable improvements The NPM received positive feedback regarding initiatives aimed at ensuring that the right to a private sphere is upheld for minors in outof-home care. Small changes often lead to substantial progress and 60