free accessibility and amendment of official permits may involve conflicts; however, this should not rule out the possibility of establishing positive incentive systems for taking proactive measures voluntarily at an earlier stage. The deficits at institutions and facilities are incomprehensible, especially as the Federal Act on the Equal Treatment of Persons with Disabilities, pursuant to which accessibility for persons with disabilities is a requirement for example at privately operated restaurants or shops, entered fully into force on 1st January 2016. 2.4.2. System-related problem areas 2.4.2.1. Are the systems for protection against inhuman or degrading treatment effective? Article 2 and Article 16 of the UN Convention against Torture (CAT), Article 15 of the UN Convention on the Rights of Persons with Disabilities (CRPD) and Article 3 of the European Convention on Human Rights set forth absolute prohibitions upon the state relating to torture and any form of inhuman or degrading treatment or punishment. These provisions also include positive obligations of states regarding protection. These become relevant if a person’s physical well-being and integrity depend on state activities, regardless of whether the endangerment is caused by the state or a private entity. State obligated to provide protection The UN CRPD is based on the assumption that in exercising selfdetermination all individuals, regardless of the seriousness of their illness or disability, are capable to take legally relevant action and participate in working life provided they receive appropriate support. For this reason, the acknowledgement of the legal ability to take action in Article 12 (2) CRPD is not tied to specific capabilities or other conditions. By contrast, under Austrian civil law various forms of decision are basically made by legal guardians as representatives. Inter alia, persons with disabilities cannot freely choose or even end their stay at an institution or facility. It is a cause for concern that in individual cases a person’s mental and physical integrity may suffer neglect or damage without authorities, courts or court-appointed legal guardians being able to intervene. The following two examples highlight the nature of the problem: Case 1: Commission 2 visited two buildings of an association in Upper Austria which offers care and residential care. The care is provided by Ms and Mr XY. Neither of them has had the relevant training. They provide round-the-clock care for 15 individuals aged between 45 and 55, some of whom are highly in need of care. They use the revenue 77