2.4.2 System-related problem areas 2.4.2.1 Age-atypical restrictions of freedom of mentally disabled or mentally ill minors Life-size cribs that are locked from the outside, in which they also spend rest periods during the day, doors with gates, sitting in chairs, which they cannot leave independently, restraints using straps in wheelchairs that are not suitable for their age and weight: these are just a few examples of measures restricting a person’s freedom used in the care of mentally and physically impaired children and adolescents that Commission 6 objected to as violations of human rights. Massive measures restricting freedom used on minors Children and adolescents with disabilities requiring nursing care are particularly vulnerable and run a greater risk of becoming victims of violence. When restrictions of freedom are not used in pursuit of pedagogical goals that are appropriate for the situation and the age of the child or adolescent, but are used allegedly as protection against risks to themselves and others, particular care and a review of the alternatives is always necessary. More complex conditions and multiple disabilities often require specially optimised care. This must not be a question of resources. The development of the personality in children and adolescents with major mental or physical disabilities depends in large part on whether and how they are supported in perceiving their environment, grasping it in the truest sense of the word and exploring it themselves. When minors with disabilities are limited by structural inadequacies and a lack of comprehensive accessibility, inadequate staffing during day or night shifts, poorly adjusted aids or insufficient advancement of mental or practical capabilities, the social development of these minors is hampered in an inadmissible way. The use of measures that restrict freedom of mentally disabled or mentally ill adults would also be inadmissible per se without a prior review of alternatives and prompt reporting to the representatives of the residents. This is regulated in the Nursing and Residential Homes Residence Act, which also enables a review by a court. For children and adolescents this does not apply without exception. An exemption was created for them in the Nursing and Residential Homes Residence Act. As the Supreme Court has recently stated, the Nursing and Residential Homes Residence Act is apparently not applicable to institutions and facilities under the supervision of the competent authority for children and youth welfare and protection. Ultimately, however, this means that they currently do not enjoy the same legal protection as adults in comparable situations. Legal protection for minors and adults But minors among themselves are also treated differently. Because the area to which the Nursing and Residential Homes Residence Act Legal protection can depend on coincidences 71