Institutions for persons with disabilities
The NPM already made clear before the end of the first lockdown that there
is no objective justification for isolating persons with disabilities for their own
protection – whether they want it or not – as a precautionary measure and
to uphold curfews when public life is gradually returning to normal for the
rest of the population. The idea that one simply has to isolate risk groups and
minimise their personal contacts during the pandemic in order to be able to
continue with economic and social life faster was also rejected.
Persons with disabilities
not automatically highrisk group
In early summer, the Federal Ministry of Social Affairs, Health, Care and
Consumer Protection issued two recommendations for institutions and
facilities for persons with disabilities in the Laender, to which the NPM also
contributed. These emphasised that persons with impairments shall not be
assigned to a risk group simply because they have disabilities; this shall be
examined individually as with all persons. They also stipulated that measures
for the protection of residents of institutions for persons with disabilities shall
not be excessive (Recommendations of the Federal Ministry of Social Affairs,
Health, Care and Consumer Protection of 29 May 2020 and 18 June 2020).
Obligatory risk-based
prevention concepts
Several NPM interventions on different levels were necessary before
the competent ministry, as part of the COVID-19 Preventive Measures
Regulation (COVID-19 Schutzmaßnahmenverordnung) from November
2020, standardised a legal obligation to develop and implement COVID-19
prevention concepts for the owners and operators of institutions for persons
with disabilities, which are based on risk analyses and reflect leading-edge
science.
2.4.3
Massive curfew and visiting restrictions
The core of the lockdown in spring was the instruction by the Federal
Government to the population to reduce personal contact as much as possible
with persons who do not live in the same household. Entering public space
was – with a few exceptions – forbidden. (This ban was subsequently nullified
by the Constitutional Court of Austria as unconstitutional). This of course
also applied to persons with disabilities who live in institutions and facilities.
The lockdown regulations allowed going for a walk, taking care of important
errands or visiting doctors’ surgeries, for example.
The residential facilities for persons with disabilities were faced with problems
due to these exceptions to the curfews. Additional qualified staff was not
available; in the beginning, there was a lack of PPE – as there was in the
nursing homes. The winding down of medical services as part of the COVID-19
crisis management in the hospitals increased the concern that a crisis could
become unmanageable and both symptoms of COVID-19 infection and signs
of deterioration could be overlooked. In conversations with commissions, the
fear was expressed that outbreaks of infection starting with individual residents
of large institutions would be more difficult to bring under control than those
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