Constitutional Act on the Rights of Children) and the relevant provisions under European and international law (in particular, the Charter of Fundamental Rights of the European Union, UN CRPD, UN Convention on the Rights of the Child, etc.), this is unacceptable. Minors with disabilities who receive ongoing care and support at such facilities are in some cases exposed to serious restriction of freedom. This was demonstrated and criticised last year in light of the NPM’s observations. In an in-depth assessment, the Human Rights Advisory Council shared the NPM’s concerns and voiced its support for a legislative amendment. On this topic, which is a core concern of the NPM and OPCAT and also of the mandate of the AOB and its commissions pursuant to Article 16 (3) UN CRPD, a productive dialogue has arisen with the Federal Ministries responsible for implementation of the Nursing and Residential Homes Residence Act (i.e. the Federal Ministry of Health and the Federal Ministry of Justice). This may well lead to a legislative amendment. In their respective areas of responsibility the Federal Government and the Laender are obligated to take legislative, administrative and other measures to implement the rights upheld in the CRPD. In this connection, the NPM has once again drawn attention to the comments made by the UN Committee on the Rights of Persons with Disabilities during the most recent official state review of Austria in 2013 (CRPD/C/AUT/CO/1). In light of Austria’s federal structure, the UN Committee made it clear that, considering upcoming tasks and implementation of the CPRD, the worlds of politics and administration will not be able to remain entrenched in the status quo. Changes to the forms in which persons with disabilities receive help in a manner that respects human rights must be achieved. This must be done in a way that reflects political will and control, and that must culminate in binding target agreements between the Federal Government and the Laender, which are closely linked to the financial resources required. However, despite the NPM’s recommendations to legislative bodies, human rights policy has so far lacked the necessary vigour to accomplish this. Key recommendations to legislative bodies have not yet been implemented In several Laender, it is still impossible or only feasible under exceptional circumstances for persons with extensive needs to be able to live in their own house or apartment with personal assistance. This option is only being offered to around 1,000 individuals. Over 13,000 persons with disabilities have no alternative but to live in the special protective world of an institution. The National Action Plan on Disability 2012-2020 and the current 2013-2018 Governmental Programme announced that a plan for expanding personal assistance for individuals with physical and intellectual impairments is to be developed nation-wide and that further deinstitutionalisation efforts are to be made to ensure more acceptable options. However, so far no major progress has been made in disabilities policy, aside from a Personal assistance and deinstitutionalisation 73

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