National Preventive Mechanism
3
National Preventive Mechanism
3.1 Introduction
The four sections of this volume present a detailed overview of the activities
of the Austrian Ombudsman Board and its commissions as the National
Preventive Mechanism (NPM). The first part will explain the preventive
mandate of the Austrian Ombudsman Board (AOB), on the basis of which the
most important results in this area will be summarised. The report will present
particularly important and representative figures relating to monitoring and
control activities, staff resources and the budget. This performance record will
be supplemented by a report by the expert commissions and the Human Rights
Advisory Council along with a summary of the numerous forms of bilateral
and international cooperation, which guarantee a continuous sharing of
experience.
Thereafter, the monitoring framework and methodology of the NPM will
be presented. The standards and methods set jointly by the AOB and the
commissions guarantee a uniform approach and provide an important base
for the work of the NPM.
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Focus on structural
deficits
Since the institutions and facilities that are to be monitored and controlled are
very different, the main part will present the significant results of monitoring
proceedings according to the type of institution or facility. On account of the
sheer number alone – the commissions carry out an average of 500 control
visits each year – it is not possible to present the results of each individual
case. The presentation must be limited to recurring threats: to system-related
problem areas, i.e. circumstances that must be regarded as critical from a
human rights perspective or determined cases of maladministration that are
not isolated instances. The description of these problem areas will point to the
possible causes and report the answers by the responsible parties. However,
in addition to systemic deficiencies individual cases will also be presented
if particularly problematic situations were observed in the institutions or
facilities.
Solution-oriented
approach
The task of the NPM is not only to identify maladministration, but also to work
towards their elimination and to avoid them in the future where possible.
Accordingly, the description of the individual problem areas is concluded by
concrete recommendations. The report has intentionally not been limited to
presenting existing situations. By contrast, it also documents developments, if
structural deficits could for instance be rectified. Examples of positive changes
are thus also included, if they have the potential to embolden and encourage
others to follow suit. In line with the AOB’s area of competence, the report not
only documents the monitoring and control of institutions and facilities, but
also observations of forced returns and police operations. These accounts also
follow the pattern described above.
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