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
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