While examining admissions to psychiatric hospital wards in
accordance with the Hospitalisation of Mentally Ill Persons Act
(Unterbringungsgesetz) the commissions have found that a
surprisingly high percentage of these admissions occur without the
confirmation by a public health officer, i.e. in accordance with Section
9 (2) of the Hospitalisation Act (in case of imminent danger – without
an examination). This exception provision is probably used even more
frequently in rural areas. Therefore, one can assume that the statutory
primary method (in accordance with para. 1) is very frequently not
complied with. This raises concerns in respect of human rights.
Psychiatry
As the (former) Human Rights Advisory Board of the Federal Ministry of
the Interior criticised over the period of many years the inadequate
availability of doctors in public medical service in rural areas for
examinations to determine if a person’s physical conditions allow
imprisonment and to perform screenings for admission to psychiatric
wards, now, due to Ebola, 24/7 on-call availability of the public health
officer outside of regular service operations has been introduced. The
commissions expect that this availability will be maintained after the
fear of Ebola has receded.
On-call availability for
public health officers
The deficits surrounding the clarification of allegations of abuse
against police authorities identified some years ago by the (former)
Human Rights Advisory Board still exist. The publicly discussed
possible reopening of the proceeding in the “Bakary J.” torture case
shows how important it would be to apply international
recommendations. As the (former) Human Rights Advisory Board long
demanded, the system of abuse proceedings in Austria needs to be
fundamentally reformed so that allegations are investigated quickly
and independently.
Allegations of abuse
At the beginning of 2014, Commissions 4 and 5 dealt with a large
number of family returns in accordance with the Dublin III Regulation:
there were 27 cases during the period from 1 October 2013 to 19 April
2014. Returns were to various European countries that were already
well-known to many families due to their experiences with flight and
migration. These experiences are often negative and trigger feelings
of fear. What children experience in the course of (forced) returns
leaves deep psychological wounds, especially when children see
violence being used against their parents. Therefore, the commissions
repeatedly criticised – referring specifically to the welfare of children –
the circumstances surrounding the (forced) returns of families with
small children and/or pregnant mothers (see also p. 137 et seq.).
Forced returns
Another problem that became manifest during (forced) returns is the
question of responsibility for cross-border health care for chronically ill
persons. While provision of medication by the police during transport
is guaranteed, seamless further treatment at the destination is not
ensured. It should be guaranteed that a drug-addicted patient who
was integrated into a substitute drug programme in Austria or a
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents