this group of persons. At the same time, mental illness creates a
particular challenge to caretakers, as the capability of these persons to
comprehend and verbalise their disorder is frequently impaired.
Therefore, persons employed in social institutions and facilities must
address these psychiatric conditions, learn to understand them and
find individual responses to behaviours to which they had previously
not had a connection. As a result, situations arise during their day-today work that often overwhelm them.
Emphasising their mandate to prevent violence, the commissions have
found that deficits in care result in crises that sometimes lead to very
dramatic physical assaults on other residents and staff. It is by no
means rare that these persons, who require intensive care, are
passed on from facility to facility and in the process lose their support
systems again and again, producing and exacerbating hospitalisation
effects. This is the consequence of the lack of an environment with
person-centred care and therapeutic support by qualified staff. If
institutions and facilities are not successful in finding adequate
resources and preventing these escalations, this can have fatal
consequences, which must then be borne by the persons with
disabilities who are thus cheated of opportunities for development and
happiness. For example, Commission 1 encountered a 15-year-old in
the forensic ward at the Hall Regional Hospital (Tyrol), who was being
detained as a mentally ill prisoner after a physical assault on a
caregiver. He had already spent half his life in institutions where
impulse outbursts were practically a daily occurrence. His conviction
under criminal law had been preceded by court proceedings under
the Nursing and Residential Homes Residence Act, during which the
representative of the residents repeatedly called for person-centred 1:1
support and suspension of measures restricting freedom. Despite the
foreseeable risks, intensive, individualised support was not provided.
Violence as a
consequence of
unsuitable conditions
In the course of its monitoring activities, the NPM found that Landspecific requirements and the funding formulas derived from them
with regard to quality of infrastructure diverge substantially and this is
being approached differently in fundamental issues. For example, the
required staffing ratio for institutions and facilities for persons with
disabilities across Austria differs significantly. While this ratio in Styria is
as high as 100%, other Laender, for example Salzburg, consider a 50%
employment of qualified staff is sufficient to meet the minimum
standards. When basic framework conditions diverge so substantially
Austria-wide, it is inevitable that there are differences in treatment and
care of persons with disabilities depending on the place of residence
or the facility to which they are assigned. In the light of the fulfilment of
human rights guarantees provided in international treaties, this is
unacceptable.
Different quality
requirements in the
After the official country review of Austria within the scope of the UN
Convention on the Rights of Persons with Disabilities, the UN
Research study on
empowerment and
69
Laender
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