requests are made in a command tone (“Lie down!”) or it is expected
that the elderly “function” in accordance with the care routine.
The commissions often found that the management and nursing staff
endeavoured to create a friendly, relaxed and pleasant atmosphere
and to use a caring conversational tone. But even in non-verbal
communication with the elderly, when carrying out nursing and care,
in planning care, in how the daily schedule is structured, in the care of
disoriented or dying persons and in documentation, there can be
unintentional negative or thoughtless actions vis-à-vis the persons to
be cared for. Sometimes, commissions draw attention during their
visits to the fact that grab bars, which have been moved aside, cannot
be reached by the elderly, that call systems do not work, that body
parts are exposed in front of third parties, that the bathroom door
remains open during a shower, that orientation aids are lacking, that
new residents are not given a tour of the facility and are not shown
where the terraces are, etc.
The AOB has suggested a project to process the research literature on
the subject of “prevention”. University professor Stefan Titscher has
submitted a corresponding application-oriented project as project
manager to the Jubiläumsfonds of the Austrian National Bank and it
has been approved. Prevention to avert human rights violations is the
focal point of the study. The study is concentrating primarily on two
types of institutions and facilities in Vienna: retirement and nursing
homes and hospitals that have psychiatric wards. The key questions
are: how can institutions and facilities, where people are being cared
for, integrate preventive mechanisms into their work? And if this is
increasingly possible, how can they be supported in doing this more
effectively and efficiently? In order to answer these questions, the
project will try to identify the indicators that (primarily) affect the quality
of care. The project is application-oriented, because the results are
supposed to provide a scientifically-based aid for the NPM for issues
to be examined and monitoring and control methods. The NPM sees
such projects as part of its statutory duty to cooperate with the
sciences pursuant to Section 7 (3) of the Ombudsman Act
(Volksanwaltschaftsgesetz).
Research initiated on
prevention relevant to
human rights
Protection of personal freedom while in group homes and other
nursing and care institutions and facilities has been regulated by
federal law since 2005 (Nursing Home Residence Act). An important
pre-condition for the permissibility of a measure that restricts freedom
is that there are no milder means available. Therefore, minimising all
efforts, frequency, scope and intensity of measures that restrict
freedom – i.e. technical, medication-based, communicative and
interactive encroachments on freedom (of movement) – are a
measure of quality. Care that is based on human dignity and human
rights is unthinkable without the active protection of personal freedom.
Therefore, this right to respect urges that institutions and facilities
Central register for
restrictions of freedom
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