National Preventive Mechanism
this type of explanation, even if attributable to the prevailing national legal
situation, contradicts Article 27 of the CRPD. Workshops, but also therapy
facilities for drug addicts, cooperate frequently with private customers and
make a profit. The clients do not usually benefit from this. Persons with
disabilities rightfully feel exploited when they are guided and instructed in
projects to clean buildings belonging to operator institutions or facilities, or
to assume other operational tasks without receiving a monetary benefit and
being allowed to save their earnings.
For the NPM it is beyond any doubt that new models to reduce the artificial
barriers to professional training, to further training and to education must
be developed in terms of inclusive support structures for the promotion of
occupational participation. It must be guaranteed that persons with disabilities
gradually find their way into working life by means of income compensation
while at the same time preserving their greatest possible freedom of choice.
According to the work programme 2013-2018 of the Federal Government, the
autonomous social security for activities in workshops should be strengthened,
the artificial barriers between the first and third employment market removed
and the transfer of workers from workshops to the first employment market
pushed. This has not taken place to date.
Missing possibilities for
complaints
Observations made by the commissions indicate that clients with learning
difficulties or mental illnesses are often afraid to complain. Common reasons
for this are fear of possible negative consequences or aversion to confrontation.
This becomes clear in interviews with the commissions. There must however
be a possibility for all clients to complain anonymously. It is the responsibility
of the management to make it clear to staff on all levels, that anonymous
complaints and suggestions are also desired and will be taken seriously.
5.4.2
Causes and forms of measures that restrict freedom, and
violence
Although modern pedagogics for persons with disabilities is strongly
orientated towards self-determination, empowerment and a life according to
the normalisation principle, measures that restrict freedom are carried out in
residential facilities and workshops as well. Structural barriers, but also the
use of mechanical, electronic or medication-based restrictions of freedom, are
repeatedly thematised in commission reports.
Inadequate
documentation, formal
and notification
violations
156
The documentation of the restriction of freedom is often inadequate. The
legally stipulated notification of the representative(s) of the residents is often
neglected or of different quality. Some of the notifications are completed with
care and are traceable; in some cases there is no mention of more sparing
measures. The signatures of prescribing doctors for medication-based measures
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