2.4.
Institutions and facilities for persons with disabilities
2.4.1.
Introduction
During the year under review, the commissions visited 93 institutions
and facilities dedicated exclusively to persons with disabilities (homes,
group homes and workshops). The UN Convention on the Rights of
Persons with Disabilities (CRPD) proved a suitable and consistently
applicable basis for assessment. The detailed guarantees set forth in
the CRPD can be used as the basis for determining whether risk
factors for torture or other inhuman or degrading treatment are
present. This holds true independently of the fact that under Austrian
constitutional law the NPM has been granted a mandate pursuant to
Article 16 (3) CRPD, in addition to the OPCAT mandate. The CRPD also
puts normative emphasis on freedom versus safety and security.
UN CRPD as a basis for
assessment
The UN Special Rapporteur on Torture has rightly pointed out that selfdetermination and the scope to make one’s own decisions are
essential to the prevention of torture. Lack of self-determination makes
persons with disabilities especially vulnerable to degrading treatment
or worse. The NPM observed this on numerous occasions. Freedom
rights of persons with disabilities, particularly those with major
physical or intellectual impairments, can only be effective if the
persons are supported to lead a self-determined life. One of the
NPM’s key concerns is to overcome or at least reduce conditions
involving unilateral dependency, and to increase user perspectives.
Reference systems which impede personal development and the
process of becoming independent may maximise supposed safety
and security but are not conducive to freedom.
Lack of selfdetermination as a risk
factor
Against this background, the range within which facilities and
institutions operate in concrete terms is very broad. There is certainly
an awareness of having to confront major challenges in and involving
one’s own organisation. It is important to stress that although the NPM
may take a critical stance, in numerous cases excellent work is done.
Broad range of very
different organisational
cultures
As the NPM pointed out in last year’s report (see NPM Report 2014,
p. 71), at present the legal protection relating to restriction of freedom
of minors with disabilities living in institutions and facilities, which is
inappropriate for their age, is by no means uniform. It largely depends
on the authority responsible for the institution or facility in question.
Homes and other institutions and facilities which provide care to
minors and are under the supervision of the competent authorities for
child and youth welfare and protection are explicitly excluded from the
scope of applicability of the Nursing and Residential Homes Residence
Act. Assuming one applies the human rights approach stringently, and
in light of the current basic conditions under constitutional law (Federal
Constitution, Federal Constitutional Law on the Protection of Personal
Freedom, European Convention on Human Rights, Federal
Dialogue aimed at
improving legal
protection for minors
72
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents