In March 2014, Lower Austria became the first Land to prepare a concept under scientific scrutiny for comprehensive and revolving planning of all measures for child and youth welfare and assistance. Social structures and special stressors for young people that lead to use of care provided by child and youth welfare organisations are mapped based on data and compared to existing services being offered. This will develop the (short-, medium- and long-term) requirements of a needs-based regional package of differentiated services. “Care provided by child and youth welfare organisations” By now, it is undisputed in Lower Austria that large homes must be replaced by smaller regional “family-style” care facilities. Other Laender should follow this example.  Smaller regional “family-style” care facilities should replace large homes. 2.3.4 Sexual self-determination requires protection After a visit in a group home, Commission 6 criticised that an adolescent who had been convicted of sexual abuse was permitted to occasionally spend the night in the same room with minors living there. In the opinion of the commissions, there were no safeguards. In the course of the thereupon initiated investigative proceeding, the Lower Austrian regional government reported that sexual workshops for children and adolescents were set up in the group home and staff also participated in them as part of continuing education. Upon the NPM’s request, the head of the facility was reminded by technical supervision that other children and adolescents must be prevented from spending the night in the room of the adolescent in question. Thereupon the facility made assurances that staff would in future handle this topic, which was also the subject of a separate retreat, more carefully and ensure that the residents spend the night in their own rooms. As defined by the UN Convention on the Rights of the Child (CRC), it is the responsibility of child and youth welfare facilities to support all adolescents – including delinquents, of course – in experiencing their sexuality without violation of boundaries. Criminal law protects the sexual self-determination of children and adolescents by way of protected areas in a system that is graduated according to age and therefore prohibits sexual acts – even when they are desired or provoked – with adolescents under the age of 14. Even someone who has sex with an immature adolescent younger than 16 by exploiting “his/her age-related superiority and his/her immaturity”, is punishable under the law. This is another reason why staff in child and youth welfare facilities are obligated to not only help young people in their sexual development but also to protect potential victims.  Experiencing sexuality without violation of boundaries Recommended preventive measures to prevent sexual assaults have been implemented. 66

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