employment as everyone else. The UN Committee on the Rights of
Persons with Disabilities has also criticised the employment of around
19,000 persons in Austria outside of the regulated labour market.
Remarks by the Human Rights Advisory Council about this problem
area were published on the AOB website.
From the perspective of the NPM, a reform of the current legal
situation and practice is urgently necessary. The goal must be to
ensure the means of earning a living beyond current social welfare or
the set-up of the minimum benefit system (i.e. without taking assets
into consideration and without recourse regulations). Persons with
disabilities working in (sheltered) workshops should be entitled to
regular wages and acquire entitlement under statutory social
insurance. Transition solutions here will probably be unavoidable, but
the elimination of public transfer payments must not be a financial
disadvantage for the persons affected.
Reform of the legal
situation is necessary
The reports by the commissions make problems inherent in the current
legal situation clear. In at least one Land, persons with disabilities are
repeatedly urged to sue their parents for maintenance. It was also
reported to the NPM that at least individual workshops that take on
external jobs generate surpluses while the workers do not profit
directly from this. In such cases, a “wage” in the form of pocket money
runs the risk of being equal to exploitation of the individual workers.
At the same time, integration into normal jobs must be driven forward.
The prerequisite for this would be, for example, an expansion of
personal assistance services, specifically, but not exclusively, for
persons with learning disabilities. However, at this time, an attempt to
undertake integration is associated with significant risks. Public
transfer payments previously received do not go dormant, but
underlying entitlements expire. The essential prerequisite – beside
targeted promotion – is therefore the possibility that entitlements to
public transfer payments are revived.
Too little promotion for
integration into normal
jobs
The commissions have repeatedly criticised that in some facilities the
offerings barely go beyond “occupational therapy”. Integration into
“normal jobs” does not occur, because the care staff views such jobs
as practically unattainable. From the perspective of the UN CRPD, the
greatest possible self-determination for persons with disabilities is a
main focal point, which is why at a minimum inclusion goals should
be defined and pursued to the greatest degree possible.
In contrast, in the requirements for the operator organisations in one
Land, the promotion of integration into “normal jobs” is not mandatory.
While it is defined as a possibility, clear, unambiguous goals are
lacking.
Payment of regular wages in occupational therapy workshops should be pursued.
Acquisition of entitlements under social insurance law should be pursued.
77
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