National Preventive Mechanism Convention on the Rights of Persons with Disabilities, which is why the Human Rights Advisory Council addressed this problem. Therefore, from the perspective of the NPM, an amendment to the Nursing and Residential Homes Residence Act is urgently needed. There is a need for action on the legislative level, as, for example, in a boarding facility attached to a school in Lower Austria, it was only possible to remove all the 1.80-meterhigh nursing cribs that could be locked from the outside with the cooperation of the representatives of the residents. The Nursing and Residential Homes Residence Act should be applicable to all institutions and facilities where children and adolescents are being cared for. It should also be discussed in the course of resolving an amendment whether the legal protection of the Nursing and Residential Homes Residence Act should not be extended to children and adolescents with the most serious physical disabilities. Amendment to the Nursing and Residential Homes Residence Act necessary ¾¾ Mentally disabled or mentally ill minors in institutions and facilities may not be subjected to any unjustified measures that restrict freedom. ¾¾ Legal protection must be available to everyone equally. ¾¾ Minors should enjoy the same protection as adults. ¾¾ Amendment to the Nursing and Residential Homes Residence Act is necessary. Deinstitutionalisation No later than at the time of the ratification of the UN CRPD, Austria committed itself to the deinstitutionalisation of persons with disabilities. Commitment to deinstitutionalisation Section 19 of the UN CRPD guarantees the right to live independently and be integrated into the community. All persons with disabilities – this includes all types of mental, psycho-social and somatic disabilities – have the right to make the same choices as others and to live within the community. States are therefore obligated to take measures to enable people to fully enjoy this right and to guarantee full integration and participation in the community. Persons with disabilities must have the free choice of where and with whom they want to live and what way of living they choose. The right to live in freely chosen relationships is a fundamental need that is just as important as the right to live as autonomously as possible despite a need for assistance and support. A prerequisite for this is the creation of community-based support services, including personal assistance and community-based facilities. 123