Institutions for persons with disabilities
2.4
Institutions and facilities for persons with disabilities
2.4.1 Introduction
In 2019 the NPM visited 104 institutions and facilities for persons with
disabilities; 101 of these monitoring visits were unannounced. It was evident
from the visits that the risk of violence, exploitation and abuse is partly
attributable to processes and inadvertency that endanger human rights and
partly to a lack of resources in the institutions and facilities. Many of the
problems identified could be solved if a policy were enacted that stipulates
nationwide collaboration between the Federal Government and the Laender
and takes the rights of persons with disabilities in line with the UNCRC into
consideration.
Every year, complaints are lodged about insurmountable barriers regarding
access to the employment market. These are often from persons with learning
impairments themselves who are medically disqualified as incapacitated for
work shortly after completing compulsory education without taking their
available potential into consideration. As a consequence, they are forced to
spend the rest of their lives on the minimum subsistence level of social welfare
benefits. In 2018 the labour force participation rate of persons of working
age with disabilities was, at 58.5%, considerably lower than that of those in
the same age group without disabilities (77.8%). As no improvements can
be expected, the AOB published a special report in November 2019 entitled
“No chance of employment – the reality of persons with disabilities” (“Keine
Chance auf Arbeit – Die Realität von Menschen mit Behinderung”). The report
summarises the complaints of the past seven years from both, the area of
ex-post control as well as the findings from nationwide visits by the NPM
commissions to occupational therapy workshops.
Special report „No
chance of employment“
The exclusion of some 22,000 persons with disabilities in sheltered
workshops from the support through the Public Employment Service Austria
(Arbeitsmarktservice) for establishing an employer-employee relationship as
well as from legal health and pension insurance, which is based purely on
medical criteria, is a violation of human-rights obligations to which Austria
has committed. Three basic problem areas above all can be identified: 1. The
employment market is not inclusive. 2. Persons with disabilities do not have
full independent social insurance despite being employed in workshops. 3.
Persons with disabilities in workshops do not receive adequate remuneration
but rather a mere pocket money of EUR 5 to – in very rare cases – EUR 200 per
month.
Three problem areas
As a solution to these problems, the NPM recommended amending legal
regulations and structures in a way that the determination of incapacity for
work according to medical criteria is discontinued and the Public Employment
Service Austria shall ensure that persons with disabilities have the opportunity
Recommendations
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