Preface
Now in its 35th year, the Austrian Ombudsman Board (AOB or in
German: Volksanwaltschaft ) is anticipating the greatest expansion
of its responsibilities and the most profound reform since its establishment: From 1 July 2012 on, its mandate will also include the protection and promotion of human rights.
The new mandate includes all institutions and facilities where people
with and without disabilities are in danger of being particularly helpless against abuse, inhumane treatment and measures that deprive
them of liberty. In future, a total of about 4,000 public and private
organisations and facilities will be monitored and controlled by the
AOB. These include, for example, correctional institutions, barracks,
police stations, psychiatric facilities, homes for the elderly, long-term
care facilities and facilities for persons with disabilities.
The AOB is obliged to establish Commissions in order to fulfil these
responsibilities. These Commissions will be interdisciplinary and
multi-ethnic and, as the AOB’s “eyes and ears”, will carry out unannounced on-site visits. Due to the breadth of the new mandate,
the AOB will be advised by a new Human Rights Advisory Council
consisting of representatives of the federal government, the Laender
and civil society.
The mechanism of human rights monitoring will be used to oversee
human rights guarantees and international standards, to which the
Republic of Austria has committed itself by ratifying two significant
UN human rights treaties. This will implement the Optional Protocol of the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (OPCAT) as well as certain provisions of the UN Convention on the Rights of Persons with Disabilities (CRPD).
Human rights monitoring is a process that is employed preventively
to ensure compliance and implementation of the UN conventions.
The AOB and the expert Commissions doing the actual monitoring
will act as a National Preventive Mechanism (NPM) to ensure this
process. This human rights monitoring requires that experts from
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