considerations, and not enough individually applied empowerment principles. Such approaches can lead to secondary disabilities and acquired helplessness. It is therefore important for the commissions to bring up the question of daily routines, desires and needs during confidential conversations with residents. By proceeding in this manner, the NPM has initiated positive changes; nevertheless, additional effort is needed to protect vulnerable individuals. Austria’s largest facility for persons with disabilities has a history that goes back centuries; around 540 individuals receive care at this facility. The central area of the structure has very old rooms with large care wards, which create an atmosphere similar to that of a long-term psychiatric facility, are not conducive to care that would meet current standards for persons with disabilities. The physicians and care staff in charge are currently implementing changes “on a step-by-step basis”; recently they have separated off two residential groups from the main group, while continuing to ensure that intensive assistance is provided. The facility has also completed the transition from what was previously a purely care-oriented approach to a therapeutic and pedagogical approach. In contrast to what was observed in 2014, during an unannounced visit in February 2015 Commission 3 observed that all individuals with very serious multiple impairments are now given the option of visual, tactile and acoustic stimulation. Many other clear improvements have been made. Since 2015, net beds are no longer in use. The number of instances of restraint using side elements, use of straps or putting the individual in a time-out area has fallen steadily related to previous years. Nevertheless, the NPM is still very concerned. 77 individuals are still living in the “protected”, i.e. largely closed off parts of the wards. They should receive staff-intensive 1:1 care, but for cost reasons are not. There are no alternative residential options for the individuals in question. In the NPM’s opinion, ongoing spatial isolation without appropriate therapeutic justification in social facilities subject to the Nursing and Residential Homes Residence Act is impermissible within Austria. In 2013, Juan E. Mendéz, the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, delivered a scathing criticism of such practices in his report UN Doc. A/HRC/22/53. Moreover, the UN Committee on the Rights of Persons with Disabilities subsequently made an explicit reference to that report in connection with Austria. Ongoing isolation Based on the NPM’s observations, not all facilities respect the concept that persons with disabilities are experts on their own affairs, and in some cases adopt essentially the opposite approach. Commission 3 conducted observations at a long-term psychosocial facility for women where a very rigidly organised daily schedule was imposed on the residents. Residents had to wake up at specified times, clean and vacuum rooms, wash their hands and engage in preassigned activities. Use of mobile phones was strictly regimented, TV sets were completely prohibited in the residents’ rooms, and switching on the Changes instigated by NPM 75

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents