The members of the AOB take stock
Award of twinning
project for Macedonia
care. Utilising its experience from ex-post control and relying on the reports
of its commissions, the AOB is participating in two research projects, whose
objective it is to strengthen preventive strategies against possible human
rights violations during institutional care (nursing homes, psychiatric
institutions, institutions and facilities for persons with disabilities).
It is very important for me that the investigations undertaken by the AOB make
the objective reality of the lives of persons who are socially disadvantaged
in many ways the topic of political debate, and that processes that exclude
or marginalise people and undesirable social developments are identified as
such and changed. From my perspective, building awareness is the pivot and
hub of how the UN Convention on the Rights of Persons with Disabilities can
be implemented. Inclusion can only be put into practice, when the Federal
Government and the Laender create coordinated framework conditions to
make it possible for people with disabilities to belong to society from the very
outset and to receive support services underpinned by legal claims in various
life circumstances. Only when disability is understood not as a person’s
deficit but as the result of societal barriers can sustainable processes leading
to true inclusion and participation of people with disabilities be successful.
The situation is similar with regard to the implementation of the UN
Convention on the Rights of the Child. If the Federal Government is willing
to accept that around 800 unaccompanied minor refugees are “warehoused”
in federal initial reception centres without any socio-pedagogical care,
without providing proper placement in child and youth welfare facilities
and without fulfilling caretaking obligations, this is not only a violation
of their obligations under international law but also against Austrian
(constitutional) law. Until 2011, protection of child welfare as a priority in
a general legal context was always a basic principle of child law. Once it
was anchored on a constitutional level, it became a review criterion and an
interpretative guideline for the consideration of the interests of all children
and adolescents (see pp. 54 et seq.). I hope - no, I expect – that in the next
year I will be able to report to Parliament that minor refugees, who often
arrive here in an extremely traumatised state, are being treated differently.
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