Nursing Home
Residence Act
In the assessment of the question whether measures restricting the
freedom of these persons are “suitable”, “absolutely necessary” and
“reasonable” to avert hazards and/or whether the hazards could have
been averted by means of alternative, more benign measures, the
Commissions found significant differences in the culture of how the
law is applied. Statutory obligations were interpreted differently and
not pursued with the same vigour. Furthermore, when examining the
psychopharmacological medications that were prescribed, the Commissions found that some prescriptions could not be explained based
on the diagnosis. This subject area will be pursued in depth by all the
Commissions and the AOB.
Psychiatric institutions
The Commissions determined further that the SPT recommendation
[see SPT/Inf (2010) 5, margin no. 139] to set up a central register, in
which all restrictions on freedom in psychiatric institutions be recorded centrally according to type, reason and duration, was not carried
out seamlessly. This also applies with respect of the use of cage beds
that, according to the opinion of the SPT, must be phased out as a means of depriving agitated patients in psychiatric institutions and nursing homes of their freedom [see SPT/Inf (2010) 5, margin no. 134].
In Western Austria, their use has already been discontinued for some
time. Institutions in Eastern Austria sometimes use them frequently –
as was determined – and additionally use security services. The AOB
will investigate this matter.
In itinere monitoring of coercive acts
In 31 cases, the Commissions observed the conduct of authorities that
are empowered to exercise direct administrative power and compulsion. The Commissions specifically, but not exclusively attended forced
returns, manifestations, major events and targeted campaigns.
Role of the Association
of Human Rights Austria
during forced returns
As a result, the Commissions often criticised the conduct of the representatives of the Association of Human Rights Austria. They are called
in by authorities – in various roles – in the case of forced returns. They
also found the assistance provided by a representative of the Association of Human Rights Austria to a man being deported as inadequate.
The representative of the Association of Human Rights Austria did not
even note the man’s request for clothing and toys for his children.
The Association of Human Rights Austria was requested by the Federal
Ministry of the Interior to accompany forced returns by way of charter
54
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents