Institutions for persons with disabilities Statement of opinion of the Human Rights Advisory Council Upon the request of the NPM, the Human Rights Advisory Council dealt with the problem in detail and submitted a comprehensive statement of opinion in January 2020. The information contained therein is the result of a long discussion process in which numerous experts and the commissions took part as well. The statement of opinion of the Human Rights Advisory Council is available on the AOB website and can form the basis for reflection both in facilities and as part of police work. The Human Rights Advisory Council, as does the NPM, assumes that persons who are subjected to violence or aggression from other residents as well as those who behave aggressively or violently towards other residents (or towards care staff) are particularly vulnerable people. They are usually not in a position to organise alternative adequate care due to their disability. Increased human rights responsibility The provisions of the Austrian Security Police Act (Sicherheitspolizeigesetz) and the Austrian Enforcement Regulation (Exekutionsordnung) primarily serve to protect a person at risk from further violence. The barring order under police supervision pursuant to Section 38a of the Austrian Security Police Act facilitates the rapid and effective termination of a dangerous situation by public security officers. When a barring order is issued by the police, it is of no consequence that the criminal liability of the person causing the danger is limited or even not possible due to their disability. The particular vulnerability of these persons, however, calls for increased responsibility on the part of the State for observing human rights which encompasses both the prevention of violent incidents as well as the execution and follow-up care of state interventions. Restrictions to the right to freedom shall thus not only be assessed in terms of their appropriateness but also, if the potential aggressor is a person with disability, with special attention to human rights in the context of whether “appropriate precautions” are in place or not in line with Article 5 (3) of the UN CRPD. Imposing a barring order pursuant to Section 38a of the Austrian Security Police Act on persons with disabilities who, due to their increased care and support needs, live in institutions and endanger those living and working there with them, is permissible as the last resort in the opinion of the Human Rights Advisory Council. However, an additional framework is needed that goes beyond the existence of the legal underlying conditions set forth in the Austrian Security Police Act. Imposing permissible barring orders can result in an inhumane situation in human rights terms and in light of Article 5 (3) of the UN CRPD. This is the case in particular if, prior to police intervention, no adequate violence-prevention measures were implemented or no suitable alternative housing and care options can be offered after barring orders have been issued. 101