several joint successes. In numerous cases, the commissions have
used reports about suspected problems in facilities as an opportunity
to undertake an unannounced visit. The NPM would like to thank the
children and youth advocates for the excellent cooperation.
Upbringing that is free of violence must be ensured for all minors.
Assistance opportunities must be individualised, including within the framework of full
residential care.
Scientifically-based plans to assist children and juveniles by the Laender must include care
deficits and measures to remedy them.
Laws governing occupations and professions and the training of social pedagogues should
be standardised Austria-wide (agreement under Section 15a of the Federal Constitution).
2.3.2 System-related problem areas
2.3.2.1 Prevention of violence – a monitoring priority
As was demonstrated by the 2013/2014 monitoring priority on the
topic of “Measures to prevent violence”, unfavourable framework
conditions in facilities have an impact on the creation and
entrenchment of violence dynamics. This is shown in this report based
on some individual cases that are portrayed in detail on pp. 56 et seq.
The NPM has confronted the representatives of the Laender as
competent authorities for children and youth welfare and protection
with these observations and has recommended increased training
and continuing education opportunities on prevention of violence for
all social pedagogues. The competent authorities have largely
implemented these recommendations or held out the prospect of
implementation.
Recommendations are
being implemented
Sexual violence is a special form of violence. A sexual assault among
children is defined as sexual actions that are forced by an abusive
child on another child or that the abused child tolerates unwillingly or if
the abused child participates in an assault on another child against
his/her will. Frequently, a power imbalance is exploited, for example,
by exerting pressure by making promises or threats or through
physical violence. It is possible to find ways out of this “place of
powerlessness” and support minors better by using prevention, sex
education and professional care. If such incidents are not brought out
into the open, there is a danger that behaviour patterns that violate
boundaries become entrenched and thus increasingly difficult to
resolve. It is necessary to be familiar with the sexual development of
children and to know about childhood sexuality in order to be able to
assess where the line is between sexual activity and sexual abuse
among children.
Sexual assaults among
children
Therefore, this aspect has been designated as a special monitoring
priority for 2015 jointly with the commissions. When sexuality becomes
an open topic that one can talk about, new dimensions in thinking,
feeling, talking and acting are uncovered and can reveal boundaries.
56
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