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
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