National Preventive Mechanism
regional government emphasised vis-à-vis the NPM that they planned to
take this criticism as an opportunity to develop standards for the individual
areas (residential issues, board, cleaning, day-care, psychological support
and deployment of qualified professionals, expansion of psychotherapy),
which would then become a component of performance agreements.
Too few occupational
possibilities; too little
psychological support
The occupational possibilities were also shown to be inadequate. The
commissions observed that while, for example, German classes were offered
in facilities, four class hours per week is inadequate. Some of the adolescents
played in football clubs. There were no other occupational or recreational
opportunities. This problem was amplified by the fact that there were no
adequate possibilities for psychological support for these minors, who are
often traumatised. An expansion of such offerings and learning aids should
be given high priority.
Unacceptable
conditions
In a facility in Styria for 40 unaccompanied male adolescents, Commission 3
found unacceptable hygienic conditions (stoves full of soot, dirty refrigerators,
broken kitchen cabinets, filthy, sometimes damaged toilets and bathrooms).
This suggests that the facility operator is not taking care of basic cleaning
and repairs and that monitoring of these facilities is being carried out
inadequately.
Per diem rates under
reception conditions
are discriminatory
In this context, the NPM would like to emphasise that the possibilities
available to these facilities are limited by the budget resources paid out by
the Federal Government from funds provided under the reception conditions.
Due to the significantly poorer funding, staff, staff training, continuing
education, psychological supervision and pedagogical concepts do not meet
the standards of other child and youth welfare facilities. This results in de
facto discrimination of children and adolescents solely due to their origin,
although the Laender – as providers of assistance to children and adolescents
– are responsible for unaccompanied minors. Cost reimbursements from
funds provided under the reception conditions by the Federal Government
are far below the per diem rates of child and youth welfare organisations; as
a result, an unequal level of care is the logical consequence. This is clearly
evident from the fact that pedagogical concepts are largely lacking. Despite
the repeated recommendations made by the NPM, there are no Austria-wide,
uniform minimum standards for this type of facility, because the Federal
Government and the Laender have not been able to agree on this. In the
NPM’s point of view, a differentiation between children and adolescents
under full residential care both under and outside of reception conditions,
which results in poorer care and/or treatment, clearly contradicts the UN
Convention on the Rights of the Child (CRC) and must therefore be rejected.
The NPM will increase its efforts in 2015 to effect a change and therefore
recommended that the AOB initiates an ex-officio investigative proceeding
in this matter.
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