Monitoring and control of institutions and facilities as
well as programmes for persons with disabilities
Part of the AOB’s mandate is to visit and/or inspect institutions and
facilities as well as programmes for persons with disabilities. The aim
is to prevent any form of exploitation, violence and abuse (see Art. 16
UN Convention on the
Rights of Persons with
Disabilities
(3) of the UN Convention on the Rights of Persons with Disabilities,
CRDP). Based on the discussion that led to the final wording of the
provision in the UN Convention, the AOB presumes that it has jurisdiction over those institutions and facilities where special treatment
is provided for persons with disabilities and/or if they are especially
geared towards persons with disabilities. This applies, for example to
inclusion kindergartens and classes.
The scope and meaning of the terms “exploitation, violence and abuse” in Art. 16 (3) of the UN Convention on the Rights of Persons
with Disabilities cannot be answered definitively. The Convention
itself does not contain an authentic interpretation of these terms.
Furthermore, at this time there are no general comments by the UN
Committee on the Rights of Persons with Disabilities. In any case, the
prohibition against “any form” of exploitation, violence and abuse
makes the area of applicability especially large. Therefore, the AOB
has referred back to additional international UN and Council of Europe documents.
In its memorandum of understanding, the organisation Austrian Initiative for Independent Living (Selbstbestimmtes Leben Initiative Ös-
terreich, SLIÖ) agreed to “extensive portions” of the statements set
out by the AOB. It referred specifically, but not exclusively to the past
remarks of the Independent Monitoring Committee for the Implementation of the UN Convention on the Rights of Persons with Disabilities that was established within the Federal Ministry of Labour, Social
Affairs and Consumer Protection that has dealt comprehensively with
this subject. Additionally, the Austrian Initiative for Independent
Living suggested including peer counsellors in the activities of the
Commissions. The AOB made the memorandum of understanding
available to the Commission and pointed out the possibility of consulting additional experts.
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