Preface
The Austrian Ombudsman Board (AOB) was established as a National Preventive
Mechanism (NPM) in 2012. In this function, it has the statutory mandate to protect
and promote human rights. The core of the mandate is the monitoring of public and
private institutions and facilities where the freedom of individuals is restricted. The
six commissions of the AOB monitor these institutions on a regular basis regardless
of whether there are specific incidents or complaints. The objective of the independent
visits is to detect deficits in the system as soon as possible and thus protect persons from
abuse and inhumane treatment.
This report should not be merely seen as a summary of the activities of the NPM in
2020. It also clearly highlights where human rights are at risk or have already been
violated, where improvement is urgently necessary and which measures need to be
implemented. All of the problems and deficits mentioned here are alarm signals
necessitating immediate reaction. This applies in times of crisis in particular.
Considerable restrictions in private and public life that entail massive infringements of
human rights were and still are required in order to keep the pandemic under control.
These are not always proportionate. The basic rights and personal freedom of persons in
retirement and nursing homes or institutions and facilities for persons with disabilities
were more severely restricted than the rest of the population. Protection against infection
resulted in the complete isolation of these particularly vulnerable groups of people in
many places.
The general conditions for the institutions and the staff in particular are without
doubt very difficult, not least due to frequent changes in the law and short lead times.
However, guaranteeing human rights must remain in focus even in difficult times.
Thus, as in previous years, the recommendations of the NPM are a focal point in this
report as well. They summarise the results of the visits by the commissions and should
provide orientation to the institutions and staff working there as well as those with
responsibility on the question of which human rights standards have to be guaranteed
in the respective institutions.
At the same time, these recommendations highlight the limits of the NPM’s work.
The NPM can draft recommendations and drive improvement in dialogue with the
competent parties. In many cases, this entails reforms that require a new legal basis
or better financial resources. This can only be achieved through the government
and legislative bodies. For this reason, this report is also an appeal to politicians, the
parliament and regional governments to understand and to provide the necessary
framework to guarantee that human rights are observed in Austria.