Under the provisions of the Court Organisation Act, the justice system
is required to guarantee safety in court buildings by way of security
checks. The checks are to be limited to whether persons who are entering a court building or are present therein are carrying a weapon. In
order to fulfil this task, the security guard is authorised and obligated
to require persons to show him any items they are carrying. Luggage
and clothing may be searched by hand – with the greatest possible
consideration and discretion.
It is not permitted to search for medications or drugs; this is within the
competence of the security police.
The employee of the security service overstepped his duty that is established by law. He discriminated against Ms. N. with his questions regarding the medications she was carrying and her illnesses and
violated her rights.
Court apologises and
promises additional
training
The AOB has taken favourable note that the President of the Court
of Appeal Linz, within whose competence the authorisation of security services lies, promptly apologised in written form to Ms. N. and
pointed out the necessity of additional training of its employees to the
security company.
Individual case: VA-BD-J/0268-B/1/2012, BMJ-99003093/0001-Pr3/2012
Economy, family and youth
Access to Theseus Temple in Vienna not barrier-free
After its complete renovation, since 2012, the Theseus Temple
is used as exhibition space during summer but does not offer a
barrier-free access. Is the UN Convention on the Rights of Persons
with Disabilities being disregarded?
Utilisation as a venue
for exhibitions
A wheelchair user who wanted to visit an exhibition in the Theseus
Temple and found the access was not barrier-free contacted the AOB.
The Federal Ministry of Economy, Family and Youth explained, that
the Burghauptmannschaft (responsible for conservation aspects and
building maintenance) had renovated the building, which is protected as a historic monument, between 2008 and 2010. Since 2012, it
has been used by the Museum of Fine Arts for temporary exhibitions.
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