case, the clinic filed a criminal complaint.
The NPM is giving this topic great importance, because the protection
of women and girls against exploitation, violence and abuse in
psychiatric facilities must be ensured in accordance with international
and national human rights regulations. As the anonymous letter
makes clear, psychiatric wards must be safe places in order to be able
to get back on a steady footing by means of medical and therapeutic
assistance after acute crises. In all areas of life, women and girls are
vulnerable to sexual violations of their personal boundaries and are
disproportionately impacted by such occurrences. In the context of an
enforced treatment in hospital, they are more or less defenceless
against the staff that works there due to their (chronic) illnesses. The
majority of the allegations refer to a severe inability to keep the
distance, which has no place in the daily routine of a hospital and
which possibly violates the boundaries drawn by criminal law. When
someone progresses to the use of the informal form of address (and
this is not welcome), wishes to create pseudo-intimacies, makes
salacious remarks about intimacy, stares at female patients
(“undresses them with his eyes”), shifts therapy sessions in order to be
able to persuade them more easily after the end of working hours to
accept private invitations, the NPM considers this to be sexual
harassment (violence against women). In this context, questions arise
regarding the responsibility of the organisation and the protection of
the victims.
Violence against
women
The definition of Article 1 of the UN Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) includes genderbased violence. According to CEDAW gender-based violence is
defined as violence that is directed against a woman because of the
fact that she is a woman or as violence that affects women
disproportionately.
The obligation of the
state
Article 16 of the UN Convention on the Rights of Persons with
Disabilities (CRPD) also stipulates the right to freedom from
exploitation, violence and abuse taking gender-specific aspects into
consideration.
The Istanbul Convention recognises the “structural character” of
violence against women as sex-specific violence, as well as the fact
that violence against women is one of the most significant social
mechanisms through which women are forced into a subordinate
position vis-à-vis men.
According to Article 40 of the Istanbul Convention, Austria is obligated
to punish with criminal or other legal sanctions any form of
unwelcome verbal, non-verbal or physical behaviour of a sexual
nature that has the purpose or consequence of violating a person’s
dignity.
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