Institutions for persons with disabilities
The NPM would welcome a special presentation of the results of the study in
all of the Laender with the participation of Laender as operators of institutions
and facilities for persons with disabilities. Both the technical supervision
as well as the management of facilities and organisations for persons with
disabilities are urgently called upon to exercise their protection mandate
more comprehensively, conduct professional risk monitoring and focus on the
further development of violence prevention strategies.
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The main results of this research study should be presented in all Laender and be taken
up by regional governments and institutions and facilities. Strategies for violence
prevention and protection shall be further developed.
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In the same way, the research results and information about forms of violence and
protection against the same shall also be accessible to persons with disabilities and
their representatives in a barrier-free way so that they know where they can get support
internally and externally, if needed.
2.4.4
Measures that restrict freedom in special schools and day
care also subject to legal review
A long-standing demand of the NPM came into force as of 1 July 2018: the scope
of the Nursing and Residential Homes Residence Act (Heimaufenthaltsgesetz)
was extended to cover institutions and facilities for the care and education
of minors with cognitive impairments and mental disabilities. Initial figures
demonstrate how important it is to include children and adolescents under
the protection of this act. Approx. 3,000 reports of measures that restrict the
freedom of children and adolescents with disabilities were forwarded to the
competent residents’ representatives within a year. Commissions ascertained
in multiple cases that the application of such measures was not always in
compliance with the law. The NPM considers it a great success that dealing
with measures that restrict freedom could be finally removed from the taboo
area and can now be openly addressed (see more detailed examples in chapter
2.3.10).
The residents’ representatives sought judicial review of the use of measures
that restrict freedom on a minor boy in a special pedagogical centre. The
Supreme Court found in summer 2019 that the Nursing and Residential Homes
Residence Act applies to both the special pedagogical school and the day care
section in the special pedagogical centre. According to the institution-relevant
demarcation, it makes no difference whether the pupils have residential or
non-residential care (Supreme Court 7 Ob 80/19v). The NPM welcomes this
ruling enthusiastically.
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