National Preventive Mechanism
15 of the Lower Austrian Housing and Day-care Regulation (Wohn- und
Tagesbetreuungsverordnung), advocacy groups “can” be created. However,
a more precise statutory definition regarding the requirements, modalities
and special support for such activities does not exist. Section 6 (3) of the
Carinthian Nursing Homes Act (Kärntner Heimgesetz) only states that
operators of homes may not presume a legally effective waiver of the right to
“jointly with the other residents elect an advocate or a resident delegation to
represent the interests of the residents”.
It is clear that, with the exception of Upper Austria, the majority of the Laender
laws do not regulate the statutory establishment of elections of workshop
representatives and the necessary prerequisites and conditions. The fact that
the commissions were sometimes told during their visits to workshops that
workshop speakers “have too little to say” could have something to do with
this.
Standardisation
of democratic
participatory structures
The AOB presumes that once the democratic participatory structures
are in place, the development of all informational, decision-making and
innovation processes could be more successful. A study published in 2010 by
the Institute for Educational Sciences at the University of Vienna on the topic
of “Workshops and the Sheltered Employment Market in Austria” clearly
shows that there is a substantial amount of catching up to do with regard to
participation and that Upper Austria has a pioneering role.
As a result of absent or inadequate minimum statutory requirements or
quality standards across all the Laender that are oriented along the lines of
the UN CRPD, it is up to the institutions and/or their operators to establish
self-representation and co-determination structures for residents and users.
Various concepts have been developed in this regard and have also been
turned over to the commissions during their visits. This alone is not sufficient
to be able to orient practical action around these activities and to not
keep holding on to well-trodden paths with regard to care mandates and
internal organisational procedures. Access to peer-to-peer sharing between
self-advocates, including beyond institutional borders, and persons with
disabilities who live independently, could open up new perspectives.
A welcome development is the opening of the Viennese Centre for SelfRepresentation (Wiener Selbstvertretung-Zentrum) in late 2014, which is
intended to promote a sharing of content, independence vis-à-vis operator
organisations, networking and joint political action by persons with learning
disabilities.
130
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents