reform of the law regarding legal guardianship announced for 2016.
There is a similar situation in the unsatisfactory area of “work”. In 2015,
the NPM drew particular attention to the situation at daily workshops.
It provided a detailed account of how the payment of minimal pocket
money instead of an appropriate wage, the lack of proper
employment terms under social insurance law, and the lack of
encouragement to seek a normal job constituted a violation of human
rights. Here too there have been no commitments from politicians
indicating that they wish to achieve change. This is the case despite
recent pioneering plans and studies which the Federal Government, in
its 2013-2018 Work Programme, explicitly acknowledged to be the
solution to all these issues.
Pocket money instead of
wages and security
There have been no initiatives in conjunction with self-representation
organisations aimed at increased public awareness and
consciousness about the importance and objectives of inclusion. In the
field of protection against violence, there is no overall framework and
in geographical terms too few contact points focus on the vulnerability
of children, girls and women, persons with learning difficulties,
individuals with mental (psychiatric) illnesses, individuals with hearing
impairments, the partially sighted, etc.
No special measures
aimed at
consciousness-raising
The case of a young woman from Salzburg with serious disabilities,
whose further care is currently at stake, provides an example of how
persons with disabilities are not taken seriously as self-determining,
independent individuals. The situation was not caused by the care
recipient herself. It was the provocative behaviour of her mother, who
is also her legal guardian. The mother’s criticisms and assertions
became a burden for the facility, and this constituted the grounds for
contractual termination. According to the observations of Commission
2, although the client evidently felt comfortable in the residential home
and the care staff spoke positively about her, the operator
organisation carried out termination against the mother’s explicit
wishes. The NPM was unable to reach an agreement out of court, and
the Land government was unable to act as a mediator. Court
proceedings are currently pending. Whether the legal challenge to the
termination will be successful will become evident in due course. At
any rate, it is a cause for concern that where there is a reaction to
complaints (whether they are objectively justified or not), persons with
disabilities may lose their residential care at a facility and if necessary
may have to reorient themselves.
Termination on grounds
of complaints?
Goodwill and benevolence are not enough to guarantee that
obligations relating to human rights will be upheld. At many facilities,
the NPM encountered committed, hard-working staff, yet also
identified risk factors for measures which restrict freedom and
infringements of autonomy and self-determination. In many instances,
work is governed by out-of-date structures, scant resources, rigid
organisational rules, organisational culture and/or care and safety
Thinking regarding care,
safety and security
74
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