Overview of the AOB
Legal mandate
Expansion of
competences as of
1 July 2012
Since 1 July 2012, the AOB has also assumed preventive monitoring
duties: Monitoring and control of public and private institutions and
facilities where persons are or can be detained is now within its remit.
Its remit also includes institutions and facilities as well as programmes
for persons with disabilities in order to prevent any form of exploitation, violence or abuse. The observatory and in itinere monitoring of
the exercise of direct administrative power and compulsion by police,
including but not limited to manifestations and (forced) returns, are
included in the new competences; the AOB has assumed these from
the previous Human Rights Advisory Council, which was part of the
Ministry of the Interior.
It is the responsibility of the AOB to charge the expert Commissions it
has established with the actual execution of monitoring and control
activities. A total of more than 4,000 institutions and facilities have
to be inspected. This includes, for example, correctional institutions,
psychiatric institutions, retirement and nursing homes, crisis centres
and facilities for persons with disabilities. The AOB will perform its
new duties jointly with the Commissions as the National Preventive
Mechanism (NPM).
Implementation of
UN human rights
conventions
The basis for the expansion of its competences are two significant UN
human rights conventions under which the Republic of Austria has
committed itself to human rights guarantees and international standards: The UN Optional Protocol of the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment
(OPCAT) of 18 December 2002, as well as the UN Convention on the
Rights of Disabled Persons (CRDP).
Compliance with
international guidelines
The AOB and the Commissions are bound by international standards
in the execution of their new competences. This gives rise to the necessity and obligation on the part of the AOB to cooperate closely with
international organisations, such as the UN Subcommittee on Prevention of Torture (SPT). This cooperation will ensure that experience is
shared on an international level. Additionally, the AOB must publish
an annual NPM Report and send it to the SPT in Geneva.
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