Kostelka: Are the Austrian Armed Forces now recruiting the severely disabled?
Are the Austrian Armed Forces now recruiting the severely disabled?
ORF-Series "Bürgeranwalt" (“Advocate for People”) – Broadcast of Januray 12th, 2008
Recruitment as practiced until now by the Military Command needs immediate legal amendments in order to relieve caring family member and to avoid excessive bureaucratization.
The mother of a 17 year old, severely disabled since birth, and who receives the highest care allowance from the state of Lower Austria, referred to Ombudsman Peter Kostelka with a complaint against the Military Command of Lower Austria, department of St. Pölten.
The son of Mrs. N.N was summoned by the Military Command of Lower Austria to present himself before the recruitment commission. Consequently Mrs. N.N. got in touch with the competent office in charge and informed him of the medical condition of her son, explaining that Mr. N.N. was practically unable to move, that he depended day and night on outside help and that he had to be nourished by means of a feeding tube. Mrs. N.N. also explained that her son could not go to school for these reasons and that he disposed of a disabled person card, proving an impairment of earning capacity of 100%. As requested, she sent a copy of this disabled person card issued by the Federal Social Welfare Office to the Military Command of Lower Austria, who did not consider this document as sufficient and immediately asked Mrs. N.N. to present additional medical certificates proving the medical condition of her son. Only after having obtained at her own expense an additional medical certificate issued by the general practitioner and sending it to the Military Command did she receive a notification informing her on two pages that her son was exempted from his military service.
Mrs. N.N. felt abused and mortified by the procedures of the Military Command of Lower Austria because she was already compelled many times in the past by different government authorities to provide proof of the handicap of her son. Mrs. N.N. who is already burdened up to the breaking point of her capacities with the care and support she has to provide to her 17 year old son, could absolutely not imagine what the Austrian military expected from a person physically and mentally severely disabled since birth and why it was necessary to torment her with administrative procedures only to assess by notification what is evident for every layperson: her son will never ever be able to do his military service. Mrs. N.N. complained to the Austrian Ombudsman Board that “Every time she has to bring forward medical evidence it does not only cause her new expenses but also makes her painfully aware of how young people as old as her son develop while her child can neither swallow, speak nor even move deliberately”
According to the National Defence Act, a person who shows a permanent severe physical or mental handicap does not have to appear personally in front of the Recruiting Commission if they have a certificate of this handicap issued by a public health officer. If such a conclusive certificate exists, the Recruitment Commission can assess that the person is not required to serve in the armed forces on the grounds of the presented certificate.
During the ORF broadcast of January the 12th 2008 Ombudsman Peter Kostelka straightened out that the Federal Ministry of Defence had to make sure that cases like the one mentioned above belonged to the past. The Military Command of Lower Austria could have easily obtained the necessary additional information on the severely disabled Mr. N.N by means of administrative assistance at the competent Federal Social Welfare Office, without involving Mrs. N.N. again. The disabled person card is an official photo ID and serves as a nationwide proof of a handicap. Since this card is only given to young men who actually receive attendance allowance and that in the case of Mr. N.N. it was also noted that he could not walk, it should have been obvious that all the medical certificates concerning this matter would be available at the Federal Social Welfare Office and that medical reasons would stand against the mandatory military service.
Ombudsman Peter Kostelka discussed with the representative of the Federal Ministry of Defence, who was present at the broadcast, that out of consideration for the concerned families but also for the benefit of a more efficient public management it would be necessary beforehand to give to the Military Commands information about the physical condition of the people who under no circumstances are able-bodied enough for the military service, thus avoiding that the recruitment notification is sent to the concerned persons in the first place. Since District Administration and Municipalities are forced to cooperate in order to complete the recruitment process (identifying, summoning and subsequently enlisting all conscripts) it would be possible that in keeping with the fundamental right to data privacy all the authorities who have medical data of potential conscripts, with the permission of the concerned person, forward them to the Military Command.
The Federal Ministry of Defense apologized to Mrs. N.N. for the insensitive procedures and signalized already during the ORF broadcast “Bürgeranwalt” of January the 12th 2008 that in the sense of Ombudsman Kostelka they will step in for a legal amendment of the Military Act, to avoid unnecessary burdens to caring family member.