National Preventive Mechanism
5.4
Institutions and facilities for persons with disabilities
5.4.1 Introduction
In the year under review, the NPM commissions visited 76 institutions and
facilities solely dedicated to persons with disabilities.
As in the previous years, public and private operators including homes,
residential groups, day-care centres, workshops and rehabilitation facilities
were monitored in 2016.
Broad spectrum
The NPM stepped up efforts for increasing involvement of self-advocates in the
monitoring process in 2016. Thanks to the training provided by Commission 3
in particular, the NPM can rely on a group of external experts with a wide range
of impairments, some of whom are supported themselves by assistants. The
necessity to take a broad spectrum of experience and needs into consideration
can thus be communicated to the facilities in particular in a close-to-life way.
Despite slow progress, Austria is still far from the UN Convention on the Rights
of Persons with Disabilities (CRPD) goal of enabling persons with disabilities
to live a self-determined life in dignity and with full social participation. The
draft for a 2nd Adult Protection Law (Erwachsenenschutzgesetz), which has
since been presented to the Parliament, is a positive signal. In accordance
with Article 12 of the UN CRPD, the draft foresees graded models of supported
decision-making to exercise legal capacity as opposed to surrogate heteronomy
by legal guardians. The law should become effective in July 2018. The NPM
assumes that this amendment will change the admission processes and dealing
with persons with disabilities in facilities significantly, because heteronomy
will be more difficult from the legal side at least. However, there is still much
to be done.
On the suggestion of the NPM and supported by the Human Rights Advisory
Council, it was also planned in the ministerial draft of the 2nd Adult Protection
Law to extend the scope of the Nursing and Residential Homes Residence
Act (Heimaufenthaltsgesetz) to child and youth welfare facilities that care
for minors with disabilities. Legal protection for minors in connection with
measures that restrict freedom should thus be strengthened in these facilities
too. However, this is no longer planned in the government bill, despite the fact
that all child and youth advocates in Austria, among others, were positive
about this in the review procedure of the ministerial draft. The NPM will
position itself in the legislation procedure once again and will attempt to
persuade the Parliament through argumentation to amend the Residential
Homes Residence Act accordingly.
As already documented in the reports from the previous years, there are no
initiatives and financing basis agreed between the Federal Government, the
Laender and the municipalities to implement the measures contained in the
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