National Preventive Mechanism
must teach the different types of boundary violations and encourage children
and adolescents to get help, to insist on their right to physical and sexual
self-determination and to critically question gender role stereotypes. The
responsibility of protecting girls and boys against sexual assault and, if this
is not possible, to process such incidents to the greatest extent possible lies
exclusively with the professional staff.
¾¾ Prevention of violence, sex education and prevention of sexual assault
are indispensable.
Barrier-free accessibility
Most facilities operated by child and youth welfare organisations are not
barrier-free. They are often located in buildings where accessibility is either
impossible due to the structural conditions or can be achieved only with
unreasonable cost. In some cases, remodelling has occurred as a result of
criticism by the NPM. In other cases, the operators have indicated that they
will look for another property for the shared accommodation. Even though it
is understandable that expensive refurbishing work cannot be funded by the
competent authorities for children and youth welfare and protection in the
short term, it is at least necessary that when refurbishing does occur or when
new buildings are erected, as well as when new leases are signed, to take into
consideration that institutions must comply with the provisions of the UN
Convention on the Rights of Persons with Disabilities (CRPD).
¾¾ Facilities operated by child and youth welfare organisations must be
fully accessible.
Handlind of medication
The commissions found that in many child and youth welfare facilities,
medication is handled negligently. For example, medication was found
lying around, medication cabinets were open and accessible to children and
adolescents and they also contained expired medication. They also found
prescriptions that were up to three years old.
Administration
of medication by
pedagogic staff
The commissions find it problematic that socio-pedagogical staff, which is
not one of the health care professions, must nevertheless undertake medical
tasks, such as administration of medication, including preparation thereof
and organisation of the dispensary. The right to consent to or to refuse a
medical treatment is one of the most personal rights of a human being
107
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