National Preventive Mechanism the Hall Regional Hospital (Tyrol), who was being detained as a mentally ill prisoner after a physical assault on a caregiver. He had already spent half his life in institutions where impulse outbursts were practically a daily occurrence. His conviction under criminal law had been preceded by court proceedings under the Nursing and Residential Homes Residence Act, during which the representative of the residents repeatedly called for person-centred 1:1 support and suspension of measures restricting freedom. Despite the foreseeable risks, intensive, individualised support was not provided. Different quality requirements in the Laender In the course of its monitoring activities, the NPM found that Land-specific requirements and the funding formulas derived from them with regard to quality of infrastructure diverge substantially and this is being approached differently in fundamental issues. For example, the required staffing ratio for institutions and facilities for persons with disabilities across Austria differs significantly. While this ratio in Styria is as high as 100%, other Laender, for example Salzburg, consider a 50% employment of qualified staff is sufficient to meet the minimum standards. When basic framework conditions diverge so substantially Austria-wide, it is inevitable that there are differences in treatment and care of persons with disabilities depending on the place of residence or the facility to which they are assigned. In the light of the fulfilment of human rights guarantees provided in international treaties, this is unacceptable. Research study on empowerment and prevention of violence After the official country review of Austria within the scope of the UN Convention on the Rights of Persons with Disabilities, the UN Committee on the Rights of Persons with Disabilities recommended that Austria should undertake additional measures to “protect women, men, girls and boys with disabilities against exploitation, violence and abuse”. The NPM therefore welcomes the fact that in November 2014 the National Council adopted parliamentary resolution 94/A(E) and tasked the Federal Ministry of Labour, Social Affairs and Consumer Protection to have a research study done on “Measures against violence and sexual abuse of persons with disabilities in institutions and facilities” . The NPM will be glad to participate in this study and contribute the experience from its monitoring activity. Up to now, there have not been any scientific research studies in Austria that address the specific risk factors of institutional settings in institutions and facilities for persons with disabilities. The study is supposed to be completed by 2016. It has been repeatedly emphasised in international research papers that dismantling large-scale institutions and a consistent reorientation toward aid in the form of personal assistance and offerings within the socio-spatial sphere as the core piece of disability policies that conform to human rights principles per se also prevent violence. In order to get this process going in Austria as well, declarations of intent in government programmes are not the only thing that is needed. What would be necessary is the uncompromising 120

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