Institutions for persons with disabilities
mit Behinderungen 2019”, p. 33). The need for hygiene and order can vary
in persons with as well as without disabilities. Imposing certain uniform
obligations by regulatory authorities therefore requires objective justification.
The NPM contacted the regional government of Lower Austria regarding this
matter and requested clarification. The regional government emphasised that
there are no general hygiene guidelines for residential facilities or day care
centres for persons with disabilities in Lower Austria. The measures mentioned
had to do with rules that were imposed in connection with dirt observed in
an isolated concrete case. They have since been changed again in accordance
with the intervention of the commission after a meeting with representatives
of the facility. From the point of view of the NPM, supervisory bodies are for
their part – regardless of whether they issue restrictions in individual cases or
general guidelines – required to observe the UN CRPD. Official decrees shall
be drafted in a way that they do not limit the independence of persons with
disabilities. For the future, care shall be taken to ensure that official orders are
not in conflict with the objectives of the UN CRPD.
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2.4.7
Practical hygiene aids can contribute to living an independent life for persons with
disabilities. As long as there are no infectious diseases or illnesses that weaken the
immune system, special hygiene measures do not have to be observed in institutions
and facilities for persons with disabilities. Preferences of the residents must be taken into
account in the choice of hygiene products.
Necessary precautions for barring orders and prohibitions
to enter
Last year, the NPM reported about a young man with multiple severe disabilities
who was removed by the police from his long-standing residential facility in
Upper Austria and served a barring order after an aggressive incident. The
operator of the home terminated the home contract and new accommodation
had to be found quasi overnight, which proved to be difficult. Another case
was presented of a young man who, after an outburst in relation to an
impulse control disorder and the following police operation, had to leave a
residential facility in Klagenfurt abruptly. The search for a suitable residential
care alternative lasted several months. During this time, the mother of the
man, who was stretched far beyond her physical and mental limits, was left
completely alone with the problem because all facilities in Carinthia refused to
admit her son (see NPM Report 2018, p. 100). The social support and disability
aid laws of the Laender only grant the legal right to a place but not to a place
in a specific facility.
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