National Preventive Mechanism
Efficient representation of interests requires resources
Self-representation and communal co-determination within the everyday
institutional routine strengthens persons with disabilities. As a result, rules
for living together can be experienced as comprehensible and changeable
through own or communal initiatives. This refers to both the area of
housing and occupational therapy as well as day-care. However, structural
prerequisites and framework conditions are needed in order to effectively
implement self-representation and participation.
The commissions repeatedly found a lack of comprehensively participative
decision-making structures and coordination processes that could have
opened up options for action vis-à-vis decisions made by management.
Self-representation is a logical consequence of the practical implementation of
the principle of self-determination within the meaning of UN CRPD. However,
supporting measures are a prerequisite for this. Effectively communicating
and implementing – if necessary through representatives – such issues as
organising themselves, demanding information in a comprehensible form,
sharing ideas about concepts and alternatives, networking with external
parties, coordinating demands and community concerns, requires processes
that must be learned and experienced.
Self-representation
needs supportive
conditions
While access to informational events, seminars and continuing education
to increase the efficiency of action in and for advocacy groups are open to
persons without disabilities, for persons with disabilities in institutions and
facilities, this is not a matter of course.
As a result of dependent relationships, in the context of everyday routine, there
is always the risk that interests and needs of the residents retreat behind those
of the operators of facilities, the care organisation and the staff. Therefore,
establishing and ensuring opportunities for self-representation is primarily
about dismantling a structural relationship of power and subordination that
persons with disabilities are subject to in all areas of their lives.
As the care of persons with disabilities falls in the legislative authority of the
Laender, the specifications for framework conditions vary Austria-wide and
are largely deficient. The Upper Austrian Equal Opportunities Act stipulates
the inclusion of persons with disabilities in decision-making processes and
the creation of “suitable forms of representation” for the area of housing, for
measures regarding sheltered work programmes, etc. Even the obligation on
the part of operators of facilities to support creation of such advocacy groups
was standardised (Sections 35, 37 of the Upper Austrian Equal Opportunities
Act).
Deficient legislation on
part of the Laender
In contrast, relevant regulations in other Laender – to the extent that such
regulations exist – leave such processes up to self-organisation and voluntary
arrangements by the institutions. For example, in accordance with Section
129
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