Article 3 lit. a of the Convention defines violence against women in
greater detail and it identifies as a human rights violation “any act of
gender-based violence that results in, or is likely to result in, physical,
sexual or psychological harm or suffering to women, including threats
of such acts, coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life”.
Standardised processes and guidelines to clinics regarding how
allegations of sexual assault by hospital personnel should be dealt
with do not seem to exist. The question of how victims, especially
women and girls, can be better protected preventively still requires
fundamental discussion.
Analyses are necessary
The NPM will deal with this in greater depth before concrete
recommendations are issued. It has also requested the assistance of
the Human Rights Advisory Council in this matter. A working group
under the auspices of representatives from the Federal Ministry of
Health has already been established.
Protection of women and girls against exploitation, violence and abuse must be
comprehensively guaranteed in accordance with the provisions of international law and
Austrian regulations.
Competent professional support for alleged victims must be guaranteed, while suspicions
are being investigated, but additionally when allegations are made against hospital staff.
2.2.2.2.
Application of the Istanbul Protocol in Austrian hospitals
There were media reports regarding the case of a Viennese woman
who filed a complaint stating that on New Year’s Eve 2014 she was
thrown to the ground at a petrol station by intervening law
enforcement officers for no good reason. She further alleged that
subsequently she had been handcuffed and her feet had been
shackled and that she had also been kicked in the back. She was then
held for several hours at a police station.
Complaint regarding
alleged police brutality
After this incident, criminal and administrative penalty proceedings
were initiated against this woman, without, however, concurrently
pursuing her allegations of abuse efficiently, e.g. by questioning police
officers in this regard, seeking witnesses or securing medical evidence
to support her allegations.
The party affected also expressed her criticism that, as a victim of
police brutality, she had not received the level of support from the
hospital where she went immediately after being released from police
custody that she had expected as an alleged victim of violence.
Documentation of
injuries in hospital
Enquiries in this regard by Commission 4 at the Vienna General
Hospital showed that the woman’s statements about the sequence of
events were not credible. Rather, the following entry can be found in
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