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.
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