standardised (Sections 35,
Opportunities Act).
37 of
the
Upper
Austrian
Equal
In contrast, relevant regulations in other Laender – to the extent that
such regulations exist – leave such processes up to self-organisation
and voluntary arrangements by the institutions. For example, in
accordance with Section 15 of the Lower Austrian Housing and Daycare Regulation (Wohn- und Tagesbetreuungsverordnung), advocacy
groups “can” be created. However, a more precise statutory definition
regarding the requirements, modalities and special support for such
activities does not exist. Section 6 (3) of the Carinthian Nursing Homes
Act (Kärntner Heimgesetz) only states that operators of homes may
not presume a legally effective waiver of the right to “jointly with the
other residents elect an advocate or a resident delegation to represent
the interests of the residents”.
It is clear that, with the exception of Upper Austria, the majority of the
Laender laws do not regulate the statutory establishment of elections
of workshop representatives and the necessary prerequisites and
conditions. The fact that the commissions were sometimes told during
their visits to workshops that workshop speakers “have too little to say”
could have something to do with this.
The AOB presumes that once the democratic participatory structures
are in place, the development of all informational, decision-making
and innovation processes could be more successful. A study
published in 2010 by the Institute for Educational Sciences at the
University of Vienna on the topic of “Workshops and the Sheltered
Employment Market in Austria” clearly shows that there is a
substantial amount of catching up to do with regard to participation
and that Upper Austria has a pioneering role.
As a result of absent or inadequate minimum statutory requirements
or quality standards across all the Laender that are oriented along the
lines of the UN CRPD, it is up to the institutions and/or their operators
to establish self-representation and co-determination structures for
residents and users. Various concepts have been developed in this
regard and have also been turned over to the commissions during
their visits. This alone is not sufficient to be able to orient practical
action around these activities and to not keep holding on to welltrodden paths with regard to care mandates and internal
organisational procedures. Access to peer-to-peer sharing between
self-advocates, including beyond institutional borders, and persons
with disabilities who live independently, could open up new
perspectives.
A welcome development is the opening of the Viennese Centre for
Self-Representation (Wiener Selbstvertretung-Zentrum) in late 2014,
which is intended to promote a sharing of content, independence visà-vis operator organisations, networking and joint political action by
79
Standardisation of
democratic participatory
structures
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