Fundamental Rights Section
It is obvious that a ban on residence procedure may infringe the Right to Respect for Private and Family Life. This circumstance should be considered by the authority. As long as
the person concerned is left in uncertainty as to whether this procedure is still pending or
has been stayed, he/she and his/her family find themselves in an extremely onerous situation. In view of the possible issuance of a ban on residence, not only organisational measures at an economic (e.g. leases, loans etc.), but also at a personal level must be taken. A
notification of a closure of the procedure would remove any uncertainty on the part of the
person directly concerned and his/her family about their future.
Excerpt from the 24th/25th report of the Ombudsman Board to the State Parliament of
Lower Austria (2004-2005)
2.8.3
Bathing ban imposed on a minor season ticket owner for the
entire season without legal basis and display of his/her photo
visible to bathers; initial refusal to reply to a respective request of the Ombudsman Board – Municipality of Amstetten
(VA NÖ/345-G/04, Municipality of Amstetten 914/01)
Ms. N.N. and Mr. N.N. filed a complaint with the Ombudsman Board in a matter concerning
their 14-year old son in which they argued that a bathing ban with respect to the nature
swimming pool Amstetten had been imposed on their son on May 12, 2004 by Mr. A.A. on
the part of the Amstettner Veranstaltungsbetriebe Ges.m.b.H. for the summer season. The
parents pointed out that this ban would also be effective for the leisure centre UlmerfeldHausmening. According to them, their son had a seasonal ticket the enlarged photo of
which was displayed visibly to bathers at the entrance to the nature swimming pool.
The complainant's parents felt being treated inequitably by a bathing ban imposed on their
son for the entire bathing season with respect to both swimming pools compared with 14day bans imposed on other children and alleged a serious infringement of fundamental
rights through the display of their son's enlarged photo, visible to all visitors, at the entrance
to the nature swimming pool Amstetten. The parents contacted Mr. A.A. of Amstettner
Veranstaltungsbetriebe Ges.m.b.H. on May 28, 2004 in an attempt to resolve the matter.
Since their attempt was unsuccessful, they turned to the Ombudsman Board.
The Ombudsman Board reviewed the case since it came to the conclusion that the imposition of a bathing ban for the entire bathing season with respect to both swimming pools on
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