inadequate hygienic care, inadequate legal advice and insufficient
legal counsel for minor refugees.
Visits carried out by Commission 4 within the monitoring priority
“psychiatric care of detained persons” in police detention centres in
Vienna showed that – despite the availability of psychiatric care
provided according to reception conditions under the Basic Provision
Agreement, which is not available to the same extent at other
locations in Austria – the system is overburdened by inmates with
addictions and other psychiatric illnesses and that as a result, in-depth
enquiries and therapeutic conversations cannot be guaranteed with
the available resources. This also comprises the problem areas of
suicide prevention and hunger strikes.
Monitoring priority
“psychiatric care of
detained persons”
Commission 6 found that in the case of hundreds of unaccompanied
minor refugees and asylum seekers age assessment is carried out by
way of X-rays, which requires major organisational effort and
considerable costs. In many cases, X-rays are made of the wrist, lower
thigh, pelvis, dental arch and collarbone. Apart from health concerns
resulting from unnecessary exposure to radiation and the scientifically
proven inaccuracy of such methods, it must be stated that according
to recommendations of UNHCR, when estimating the age of a child,
not only the physical appearance should be used as a criterion but the
psychological maturity as well. This is sometimes not taken into
consideration. The UNHCR also recommends that in cases of doubt
the decision should be in the child’s favour if the exact age is
uncertain. The key factor is whether the child shows “immaturity” and
helplessness that could require more sensitive treatment. The
recommendations set out at the international conference of the
International Organisation for Migration (IOM) organised in Vienna in
2006 by the Federal Ministry of the Interior stated to this effect: “Due to
the evident margin of errors in all age assessment methods, children
should always been given the benefit of the doubt, with lowest age
selected.”
Age assessments of
UMRs
1.9.
International collaboration and cooperation
1.9.1.
SEE Network / presidency of the Austrian NPM in 2016
Since October 2013, the NPM has also been a member of the SouthEast Europe NPM Network (SEE NPM Network). This association of
ombudsman institutions from Albania, Bulgaria, Croatia, Macedonia,
Montenegro, Serbia, Slovenia and Austria provides a forum where
knowledge and experiences are shared and mutual support is
provided. Assisted by commission members, the AOB regularly takes
part in the meetings.
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