Preface
Since 1 July 2012, the Austrian Ombudsman Board (AOB) is also competent for preventive monitoring: It is now part of its mandate to monitor and control all institutions and facilities, in which persons with
and without disabilities may be helpless and at risk of abuse, inhuman treatment and measures that restrict their freedom. This investigative mandate means that a total of more than 4,000 public and
private institutions and facilities will be monitored and controlled by
the AOB. The Austrian Ombudsman Board shall assume these duties
as the National Preventive Mechanism (NPM) jointly with the Commissions that it has established.
While the new competences are consistent with the previous duties of
the Austrian Ombudsman Board, they are also expanding the range
of competences significantly; therefore, a reorientation of the AOB
was required. It was necessary to create new networks and the cooperation with international organisations became an even greater priority. The exchange of information with other groups and experts from
various disciplines (for example, medicine, nursing sciences, psychology) have changed not only the work environment of the Austrian
Ombudsman Board but the substance of its work as well.
This report describes the previous activities relative to preventive
monitoring and control and provides information about the investigations undertaken in the period under review. For the first time
other stakeholders have the opportunity to voice their opinions in a
report of the Austrian Ombudsman Board: The Human Rights Advisory Council as an advisory body and the six Commissions of the AOB,
which commenced their work mid-year 2012 and which are undertaking monitoring and control activities on an ongoing basis.
The protection of fundamental rights was always a central priority
in the Austrian Ombudsman Board’s ex-post control activities. The
violation of human rights was always considered the most egregious
form of maladministration on the part of authorities. The new mandate of the Austrian Ombudsman Board now ranges from preventive
to ex-post monitoring and control of human rights and the rights of
persons with disabilities. This significantly increases the opportunities
to protect human rights.