Investigating human rights
refugees, which is prohibited under the UN Convention on the Rights of the
Child (CRC). Under the Austrian Federal Constitution regarding the rights
of children, each child is entitled to protection and care as well as the best
possible development and growth. All children and adolescents who have
been removed permanently or temporarily from their familiar environment
are entitled to particular care and assistance.
AOB demands housing
in adequate facilities
Therefore, the AOB is of the opinion that not only is the exclusion of
unaccompanied minor refugees from the services of children and youth
welfare authorities a cause for concern under constitutional law, but also
their housing in facilities that cannot achieve the care quality of facilities
operated by children and youth welfare organisations is troubling. This is
due to reduced per diem rates and deficient standards for benefits in kind, for
the qualification of personnel, for supervision and for quality control. The
housing and care of all unaccompanied minor refugees in facilities that do
not correspond to the customary standards of facilities operated by children
and youth welfare organisations represents maladministration that must be
corrected as soon as possible.
3.3 Interior
Federal Asylum Office disregards the right to private and family life
For years, the AOB has been objecting to the fact that the Federal
Asylum Office (since 1 January 2014 Federal Office for Immigration
and Asylum) has been preventing or delaying the entry into Austria
of family members (see Annual Report 2013, p.44). By doing so, the
authorities are interfering with the right of respect for private and
family life that is guaranteed under constitutional law.
Section 8 of ECHR obligates the state to effectively respect family life. The
Asylum Act enables family members of persons who are eligible for asylum
or beneficiaries of a subsidiary protection to file an application at an Austrian
embassy or consulate abroad for entry into Austria. Family members must
be given visas for entry, if the Federal Asylum Office - since 2014 the Federal
Office for Immigration and Asylum - informs the embassy that family
members will probably be given the same protection as the reference person.
Pursuant to the Asylum Act, only the wife or husband, unmarried, minor
children and parents of a minor unmarried child fall under the term “family
members”.
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