National Preventive Mechanism
persons with disabilities and fortifies their dependence on others unnecessarily.
Inaccessible outdoor areas with front doors and room doors that either cannot
or can only be opened with difficulty, steep ramps and missing lifts, sanitary
installations that are unsuitable for wheelchairs and too small sinks, mirrors
or wardrobes that are installed too high, unmarked steps, missing handrails,
inaccessible light switches, poor lighting and missing pictograms and guide
systems for orientation were subjects of complaints. Additional barriers result
from the way information such as house rules, etc. is presented. In some
facilities, the structural deficits are so extensive that the commissions doubted
their suitability and questioned whether the fast evacuation of the residents
would be possible in case of fire.
The NPM has received numerous commitments to remove structural deficits
or plan a move to barrier-free property. However, the realisation of costly
reconstruction usually takes a considerable amount of time. The supervisory
authorities are called upon once again at this point to pay special attention to
the universal guarantee of barrier-free accessibility on their inspections. The
toleration of structural measures that restrict freedom is unacceptable.
It is also a fact that the medical model is still applied by examining the person’s
deficits when estimating the level of disability. This currently determines above
all the possibility to attend school and professional training or attain partial
qualifications. It also applies in relation to therapy facilities dedicated to
rehabilitation and the integration of persons with addictions and psychiatric
diagnoses. The priorities must be shifted – away from promoting special
structures towards the building up of inclusive education and employment
models. As long as persons with disabilities work in special workshops or in
permanent rehabilitation places – even if the work is for external companies
among others – but have no chance on the general employment market, there
can be no mention of fully realising the right to work and employment within
the meaning of the CRPD.
Lack of inclusion in the
school and
employment areas
Visit reports from the commissions in recent years documented impressively
that a focal concern of a total of approximately 22,000 users of workshops is
that they are deployed according to their interests. In particular, they want
their activities to be recognised as work and not merely receive a little pocket
money for their efforts. During some interviews, the commissions had the
impression that the users sometimes would prefer to spend more time in their
shared accommodation but feel the pressure of having to go to the workshops.
A fundamental reform of these special facilities would require a constructive
cooperation of legislators at both the federal and the Laender level in to order
to achieve an appropriate reorganisation within the existing distribution of
competencies. It is evident from a series of court decisions that the engagement
of persons with disabilities in workshops is not to be considered a working
relationship but is for “education and treatment” purposes. As the Human
Rights Advisory Council already iterated in its statement published in 2014,
No recognition for
performed work
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