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
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