Ex-post control
under equal rights in all areas of life. Equality without equal opportunities negates
the different initial conditions of persons with disabilities, if the aim is to be able to
design one’s life based on one’s own needs and desires. Equality without extensive
accessibility only means opening doors without removing those barriers faced by
persons with disabilities. Equality without inclusion means coercion to adapt to given
structures, which leaves little space for individuality, identity and development. It is
precisely because the principle of non-discrimination in UN CRPD is accompanied
by the principles of inclusion, equal opportunities and accessibility that we must
assume that factual and legal equality must be the aim of efforts contributing to
humanization of cohabitation as a whole.
For instance, the AOB does not find it acceptable to accommodate younger mentally
ill individuals or persons with multiple disabilities in retirement or nursing homes.
The AOB is also pleading in favour of a de-institutionalization of care homes to
enable persons with disabilities to live together in smaller, self-determined units.
Equal right to work and
employment
Unequal treatment of persons with disabilities at work is another area in need of
reform. In Austria, around 20,000 persons with disabilities work in occupational
therapies. This is not viewed as gainful employment but as a disability aid measure.
Persons with disabilities are not paid a wage for their work in such workshops
but primarily a very small amount of pocket money. This occurs even where the
institutions generate profits. The AOB considers such low pay to create a risk of
exploitation for persons with disabilities. It is obvious that work to be performed
must be assessed objectively and that an equal amount must be paid for equal
work. Another problem consists in the fact that these occupations do not entail a
claim to a pension so that persons with disabilities are in a worse position even if
they receive a disability pension or orphan pension.
Relationship between
disability and poverty
In the reporting year, the AOB scored a success in its work towards equal treatment
of persons with disabilities in needs-oriented minimum benefit. An amendment
was planned in Lower Austria, which specified that the minimum standard for
adults with disabilities entitled to family allowances would be reduced by at
least 25 %. The AOB vehemently opposed this suggestion and pointed out that
there is a direct relationship between poverty and disability. The increased family
allowance for adults with disabilities, who are likely to remain unable to integrate
themselves into a work process in the long term, aims at covering the additional
costs in respect of disabilities. However, marginalization and poverty intensify if
dedicated government contributions, such as the family allowance, give rise to
advance cuts of benefits under the needs-based minimum benefit system for
persons with disabilities. The urgent appeals of the AOB and other institutions
against this planned law amendment were successful. These objections have
been incorporated in the recently passed law.
Discrimination against
people with nonAustrian citizenship
Individuals with non-Austrian citizenship are one group frequently affected by
discrimination. Their problems in obtaining family allowances were presented in
detail in the last report to the parliament. Many problems were solved; others - such
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