Institutions for persons with disabilities
There is also a lack of care staff in the area of education. This opens the door to
non-reflective practices that can culminate in measures that restrict freedom.
There are now court rulings that make the severity of violation of the right to
freedom transparent for the first time. In the case of a nine-year old girl from
Salzburg, the competent district court found several measures that restrict
freedom, which are untypical for said age group, such as being held tight
during class and school activities inside and outside the school building as well
as when changing incontinence material, being restrained with a chest strap
and in the buggy. The chest strap with guiding “leash” had already been ruled
impermissible in the initial hearing. The administration of medication was
ruled impermissible. Holding the girl tight and the chest strap in the buggy
were ruled impermissible for the past, and ruled permissible under certain
conditions for a duration of six months and provided that alternatives were
being established (district court of Oberndorf of 23.11.2018, 1Ha 17/18h).
2.4.5
Serious violations of the
right to freedom
Risk of exploitation through inadequate support
The NPM already criticised amongst others the remote locations and
unprofessional care in centres for psychosocial rehabilitation in 2017, which
affected persons with mental impairments. As a reaction to the NPM’s
criticism, the regional government of Carinthia made a considerable effort
to improve the situation. A financially secured schedule for the inclusion of
these institutions and facilities in the Carinthian Equal Opportunities Act
(Chancengleichheitsgesetz), however, was still not available at the time of
editing this report – despite multiple assurances from the competent member
of the regional government (see NPM Report 2017, p. 96).
In 2019 Commission 3 found a large number of deficits in three other facilities
for persons suffering from addiction, persons with mental impairments
and persons with mental disabilities. The care does not comply with the
current human rights standards. The commission also criticised the lack of
transparency of the financial situation of these facilities and could not rule out
the risk of exploitation of the affected persons.
Remote location as an
obstacle to inclusion
The facilities are in remote locations and are impossible or very difficult to
reach by public transport. The residents thus have only a limited possibility
to organise their leisure time themselves. Two of the facilities are run as an
agricultural and forestry operation; the third facility provides so-called therapy
places in an in-house workshop.
On principle, the commission welcomed the opportunity of work with animals
and working outdoors. At the same time, it was not possible to rebut the
suspicion that the residents, as cheap labour, keep the operation running
or even make it possible in the first place. In one facility, the working times
were regulated without consulting the affected persons and were equivalent to
Agriculture maintained
by persons with
disabilities
96
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