Effective prevention must teach the different types of boundary
violations and encourage children and adolescents to get help, to
insist on their right to physical and sexual self-determination and to
critically question gender role stereotypes. The responsibility of
protecting girls and boys against sexual assault and, if this is not
possible, to process such incidents to the greatest extent possible lies
exclusively with the professional staff.
Prevention of violence, sex education and prevention of sexual assault are indispensable.
2.3.2.2 Barrier-free accessibility
Most facilities operated by child and youth welfare organisations are
not barrier-free. They are often located in buildings where accessibility
is either impossible due to the structural conditions or can be achieved
only with unreasonable cost. In some cases, remodelling has occurred
as a result of criticism by the NPM. In other cases, the operators have
indicated that they will look for another property for the shared
accommodation. Even though it is understandable that expensive
refurbishing work cannot be funded by the competent authorities for
children and youth welfare and protection in the short term, it is at
least necessary that when refurbishing does occur or when new
buildings are erected, as well as when new leases are signed, to take
into consideration that institutions must comply with the provisions of
the UN Convention on the Rights of Persons with Disabilities (CRPD).
Facilities operated by child and youth welfare organisations must be fully accessible.
2.3.2.3 Handling of medication
The commissions found that in many child and youth welfare facilities,
medication is handled negligently. For example, medication was
found lying around, medication cabinets were open and accessible to
children and adolescents and they also contained expired medication.
They also found prescriptions that were up to three years old.
The commissions find it problematic that socio-pedagogical staff,
which is not one of the health care professions, must nevertheless
undertake medical tasks, such as administration of medication,
including preparation thereof and organisation of the dispensary. The
right to consent to or to refuse a medical treatment is one of the most
personal rights of a human being to self-determination. With the
coming into force of the Parent and Child Amendment Act
(Kindschaftsrechts-Änderungsgesetz) 2001, consent to a medical
treatment by minors who have reached the age of discretion was
regulated by Section 173 of the Austrian Civil Code; in case of doubt,
the legislators presume that 14-year-olds have the necessary cognitive
57
Administration of
medication by
pedagogic staff
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