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. XX  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. XX  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. 95

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