National Preventive Mechanism
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Monitoring framework, methodology and
further action by the NPM
4.1 Preamble
Under the Austrian Federal Constitution, the Austrian Ombudsman Board
(AOB), together with its commissions, is charged with the responsibilities of
a National Preventive Mechanism (NPM) in accordance with the UN Protocol
to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (OPCAT), as well as with the monitoring and
control of institutions, facilities and programmes in accordance with the UN
CRPD, and with the monitoring and concomitant examining of authorities
empowered to exercise direct administrative power and coercive measures.
4.2
Goals and basic principles
The goal is to protect and promote human rights, including but not limited
to the regular, seamless and generally unannounced monitoring and control
of institutions and facilities where persons are or can be deprived of liberty, as
well as of institutions, facilities and programmes for persons with disabilities
and of the exercise of coercive measures by authorities empowered by the State.
The benchmark for the fulfilment of the responsibilities of the NPM, are all
the standards and principles developed to protect human rights under the
provisions of both, international and Austrian law.
The joint work of the NPM is based on the following guiding principles:
“Quality before quantity”: The preventive activity of the NPM serves to protect
against violations of and intrusions into human rights. “Prevention” is defined
as measures and strategies to minimise risks and anticipatory action to protect
human rights. Therefore, the improvement of general quality standards is
not a central responsibility of monitoring and control activities. The focus on
preventive monitoring and control to protect against violations of human
rights determines the core activities of targeted, unannounced visits in selected
facilities and institutions and of confidence-building communication on-site
with persons in all roles.
Understanding of
prevention
“Priorities and topics”: Fundamentally, the visits by the commissions are
oriented towards concrete priorities and topics of monitoring and control
that are understood as “guidelines rather than rigid rules”. The size and
composition of the commission delegations are based on the defined priorities
and the topics chosen by the commissions, as well as the number and planned
duration of visits and observations. Preserving the necessary flexibility, for
example during general initial visits or in the event of unexpected impressions
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