Institutions for persons with disabilities
The committee stressed the difference between organisations for persons with
disabilities and organisations of persons with disabilities. The latter are mainly
comprised of persons who are affected themselves as members and leaders.
As all persons with disabilities should participate, the organisations must
represent all persons with disabilities; that is in particular, women, children,
persons with multiple disabilities, persons with learning difficulties or mental
impairments and immigrants.
Participation in decisionmaking process
In order for participation to be able to succeed in a meaningful way,
consideration must be given to the needs of the affected persons. Information
must be comprehensible and accessible, deadlines for statements of opinion
sufficient. It must be possible for persons with disabilities to participate in
decision-making processes regardless of the nature of their impairment. The
State has the obligation to provide the necessary subsidies and framework in
this respect. Securing comprehensive legal and civic rights for all citizens is a
fundament of modern democracies and anchored in many contracts under
international law. Observations by the NPM indicate that it is not currently
certain that, for example, local election and voting documents are equally
accessible for all persons with disabilities (simple language, large and highcontrast letters, translation into sign language, braille etc.). In addition, it
is not guaranteed that persons with disabilities are invited to contribute in
election campaigns or to run for an office etc.
It became once again clear in 2019 that in some cases even the care staff
questioned whether persons with multiple disabilities are able to organise
themselves, form their own opinion and express the same. It is true that the
NPM encountered many examples of good practice of how organisations can
successfully install participative processes. However, participation in political
and social life cannot be realised as long as people think predominantly in
terms of human deficits. In the following, the report thus concentrates on the
deficits ascertained by the commissions in institutions and facilities that make
the right to participation impossible.
Possibilities to
communicate are basic
condition
91
The most basic condition for participation is the ability to communicate.
Experiences made by the commissions show, however, that precisely those
whose ability to communicate is impaired receive little specific encouragement
in particular. One reason for this is that this group is often ascribed only basic
competencies. Not much is expected of these persons as a result. The staff
assumes that clients are “content” anyway or that they know their clients’
needs. It is thus overlooked that persons with communication impairments
can have very different preconditions and have very different needs. Individual
care and support is also essential in the prevention of violence. The body’s own
communication forms as well as electronic and non-electronic aids shall be
used instead of spoken language (see NPM Report 2016, p. 90 et seq.).
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