Institutions for persons with disabilities
The question of which facility is most suitable for the affected person should
thus be given top priority. If persons with disabilities who have displayed
behaviour that harms themselves or others are to be admitted to a facility,
adequately trained and experienced staff shall be deployed. The staff must
be able to deal with stress situations and aggressive behaviour professionally.
In addition to violence prevention concepts, individual de-escalation and
crisis plans for challenging residents are also required, which are based on
observed and documented behaviour. The Human Rights Advisory Council
recommends a series of concrete guidelines that can give orientation to the
facility managers and the staff.
Even if the legal representative of a person can be entrusted with the task of
“finding a place to live”, the Laender are also responsible for the continued
supply of accommodation for those who have been served barring orders.
This is set forth in the obligation to take appropriate precautionary measures
pursuant to Article 5 (3) of the UN CRPD. Persons with disabilities have a legal
right to accommodation, meals, support and care from the State. The Federal
Government and the respective Land are primarily responsible for ensuring that
persons with disabilities who pose a danger to others receive adequate support
and care either in the form of in-patient medical treatment, placement in a
psychiatric ward or in another fully assisted alternative inside the framework
of institutions and facilities for persons with disabilities. In actual fact, there
is a shortage of care facilities for crisis cases or quickly available regional care
places outside of the hospitals for persons with disabilities. These places could,
for example, be specialised competence centres in specialist hospitals with
psychiatric-neurological expertise for persons with disabilities, and experience
in dealing with persons displaying unusual behaviour.
Right to housing and
care is upheld in crisis
too
In any case, what is needed are – sometimes very different – tailored solutions
that are aligned with the actual circumstances in the Laender. In addition to an
adequate number of crisis places, a 24-hour hotline is essential, compared to
the one available in child and youth welfare that takes over the unpostponable
case management for housing and acts as a contact for police officers. As
the Laender usually grant the statutory approval of residential facilities and
subsidise the same through contracts, the obligation to participate in a 24hour emergency hotline for all institutions and owners and operators should
be included.
24-hour hotline and
crisis places shall be
set up
XX
Imposing a barring order on persons with disabilities from residential/in-patient
institutions and facilities is only permissible when all less severe measures have been
exhausted and while observing the principle of proportionality.
102
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