Volksanwaltschaft - Statements

Statement of the Human Rights Advisory Council - Human rights standards in retirement and nursing homes - 24.06.2025The starting point for addressing the issue of “human rights standards in retirement and nursing homes” by the Human Rights Advisory Council's working group on this issue was the Ombudsman's Office's finding of serious shortcomings in a Salzburg retirement and nursing home in 2022 and the resulting recommendations made by the Ombudsman's Office to both the Salzburg regional government and the Federal Ministry of Labor, Social Affairs, Health, Care, and Consumer Protection. The Ombudsman's Office recommended that the Ministry, in consultation with the regional states, establish nationwide uniform minimum quality criteria for inpatient care and nationwide uniform guidelines for supervisory activities in the form of an Art. 15a-B-VG agreement. As this has not yet been done, the Human Rights Advisory Council would like to highlight the urgency of nationwide uniform and binding human rights standards in old-age and nursing care facilities and outline the next steps to be taken.

Statement of the Human Rights Advisory Council - Police and emergency services ignored advance decision - 24.06.2025The Human Rights Advisory Council refers to a submission by the Ombudsman's Office dated February 18, 2025, which reveals the following facts: After the police were notified by a friend of awoman who had committed suicide that she was about to commit assisted suicide, the police intervened. The woman had already taken the legally obtained medication and was asleep. The police officers ignored the notarized advance decision presented to them by the person who had helped her, removed the helper from the “crime scene,” and began resuscitation measures, which were continued by the emergency doctor and paramedics who had been called to the scene. The advance decision was also presented to the emergency doctor and paramedics, but to no avail. Ultimately, even the use of a defibrillator could not prevent the death of the woman who had committed suicide.

Statement of the Human Rights Advisory Council on the scope of voluntariness, possible toleration obligations of operators of retirement and nursing homes and necessary accompanying measures on the subject of "assisted suicide" (StVfG) 18/06/2024In its submission of 23 May 2023, the Austrian Ombudsman Board asked the Human Rights Advisory Council for a fundamental assessment of whether - with reference to the Constitutional Court's ruling of 11 December 2020, G 139/2019 (VfSlg. 20.433/2020) and the Death Decree Act, which came into force on 1 January 2022 - it is permissible from a human rights perspective for operators of old people's and nursing homes to offer "assisted suicide" and related activities in their facilities. January 2022 - is it permissible from a human rights perspective that operators of retirement and nursing homes do not tolerate "assisted suicide" and related activities in the retirement and nursing homes run by operators.

Statement of the Human Rights Advisory Council on bans on entering and approaching child and youth welfare facilities In its submission of 15 November 2022, the Austrian Ombudsman Board asked the Human Rights Advisory Council for a fundamental assessment of whether the imposition of police entry bans within the meaning of Section 38a of the Security Police Act, Federal Law Gazette No. 566/1991, as amended, (SPG) on children and adolescents who live in residential child and youth welfare facilities and endanger other persons is permissible from a human rights perspective.

Considerations of the Human Rights Advisory Council on "Training and further training of socio-educational staff in child and youth welfare facilities" and on the topic of aggression - violence - de-escalation 04.07.2023The AOB's evaluation of the key audit area "Social pedagogical institutions - training and further training of pedagogical staff 2021" provides a profound and meaningful analysis of the current situation. It addresses the central problem areas in this context and provides key recommendations. With this article, the MRB builds on the recommendations of the AOB and provides considerations from a professional and practice-oriented perspective on issues relating to the initial and further training of educational staff in child and youth welfare centres as well as violence prevention and de-escalation.

Statement of the Human Rights Advisory Council on medical care for administrative detainees

Statement of the Human Rights Advisory Council on respect for the human rights of children and young people in institutions during the COVID-19 pandemic

Statement of the Human Rights Advisory Council: Police measures during corona demonstrations - 20.04.2021 In its submission of 18 February 2021 - in addition to the submission of 29 October 2020, which was completed with the opinion of the Human Rights Advisory Board of 15 December 2020 - the Austrian Ombudsman Board requested an opinion from the Human Rights Advisory Board on several questions regarding the handling of gatherings in the event of violations of the health police rules of Section 13 of the 4th COVID-19 Protection Measures Ordinance.

Statement of the Human Rights Advisory Council: Violations of the obligation to wear a face mask and the right of assembly - 13.01.2021In a submission dated 29 October 2020, the Austrian Ombudsman Board asked the Human Rights Advisory Council for an opinion on several questions regarding the jurisdiction and admissibility of the dissolution of assemblies due to violations of the health police obligation to wear a face mask.

Statement on Covid-19: Desirable target status in psychiatric hospitals, detention centres, day-care facilities and partially assisted living as well as child and youth services - 11/01/2021These recommendations for the Austrian Ombudsman Board were drawn up by a working group of the Human Rights Advisory Council on the basis of the experience and recommendations of several members of the Human Rights Advisory Council on the Covid-19 protective measures in the above-mentioned facilities for physically disabled, intellectually impaired and mentally ill people.

Statement on Covid-19: Desirable target status with regard to fully supervised residential facilities (APH, BPE) - 05.11.2020This document was prepared by a working group of the MRB based on the experience and recommendations of several MRB members on Covid-19 protective measures in assisted living facilities (for elderly/physically disabled/intellectually impaired/mentally ill people) and represents a recommendation for the Austrian Ombudsman Board.

Statement on the accommodation of unaccompanied refugee minors 02.07.2020The opinion adopted by a majority of the MRB makes it clear that state obligations to provide services to unaccompanied minor refugees (UMF) must be orientated towards their well-being and their needs. As this does not happen sufficiently in the context of basic care, the federal states - as for unaccompanied minors without a refugee background - must actually fulfil their protection mandate comprehensively as child and youth welfare providers. Individual assistance plans must therefore also be drawn up for UMFs in a participatory process, taking into account the best interests of the child, and young people must receive psychological, psychotherapeutic and psychiatric support if necessary in order to achieve integration goals. Bundling all official responsibilities for UMF (care and education, legal representation, asset management) into the agendas of child and youth welfare would be an important step towards equal treatment with domestic young people in external care.

Statement on entry ban and expulsion 23.01.2020This opinion of the Human Rights Advisory Council deals with the assessment of whether the imposition of entry bans by the police on people with intellectual, physical and/or mental impairments and developmental disorders who live in specialised facilities due to their high care and nursing needs and endanger other people here is permissible from a human rights perspective.

Press release: Statement of the Human Rights Advisory Council on the tasks of the Austrian Ombudsman Board - 23.01.2019The Human Rights Advisory Council commented on the functions of the Ombudsman Board, which must be covered in a democratic must be covered in a democratic constitutional state.

Statement of the Human Rights Advisory Council: "Number of rooms equipped for the disabled in prisons" - 30 March 2018This opinion of the MRB deals with recommendations on the number of rooms equipped for the disabled in a general prison and in a special prison.

Statement on "Consequences of the alleged nursing home scandal in Kirchstetten from a preventive human rights perspective" - 13 March 2018 The MRB working group dealt with the consequences of the alleged nursing home scandal in Kirchstetten from a preventive human rights perspective.

Statement: "Barrier-free customer sanitary facilities in police stations?" - 9.1.2018 This opinion of the MRB deals with questions regarding the provision of barrier-free sanitary facilities for persons not on duty in police facilities.

Statement on victim protection in the event of border-crossing behaviour - 19.09.2017The statement deals with victim protection aspects in institutions for people with disabilities in which there are repeated and unpredictable episodes of aggression by individual clients. and unpredictable bouts of aggression from individual clients.

Statement of the Human Rights Advisory Council on the lack of intimacy in police medical examinations in police stations - 9 September 2017 The opinion of the MRB deals with the question of whether the recommendation on medical confidentiality in prisons should be adopted in full or only in part for the area of police custody.

Statement on detention rooms in basement areas of police stations - 16.6.2017 This opinion of the MRB deals with issues relating to detention rooms in basement areas of police stations.

Statement on sexual boundary violations by staff at a psychiatric hospital - 27/09/2016This statement deals with ways to protect women and girls from sexual assault and the right to self-determination in psychiatric hospitals.

Statement on the lack of availability of (medical) officers in police stations 27.9.2016 This opinion of the Human Rights Advisory Council deals with the lack of medical officers in police stations.

Statement of the Human Rights Advisory Council on the scope of state protection obligations to ensure human rights compliance in facilities for people with disabilities without special official authorisation and without official supervision - 13.12.2016The Human Rights Advisory Council discusses various questions from the Austrian Ombudsman Board on the subject of facilities for people with disabilities.

Statement on the labelling of detention rooms with information on infectious diseases - 23.2.2016The opinion deals with the question of how the affixing of signs on detention room doors labelled "infectious disease" should be assessed.

Statement of the Human Rights Advisory Council on legal protection for children and young people with disabilities in the case of measures that restrict their freedom that are not typical for their age - 1 December 2015The opinion deals with the question of whether the currently existing legal protection for children and young people with disabilities who live in institutions age-atypical measures that restrict freedom is sufficient.

Statement on the special transit of Vienna Airport Schwechat - 1.12.2015 This statement discusses the special transit of Vienna Schwechat Airport as a place of deprivation of liberty and in connection with the issue of detention pending deportation.

Statement on uniform standards, test criteria and guidelines for major police incidents - 6 October 2015This statement deals with major police situations (demonstrations, assemblies, etc.) and their human rights standards.

Statement of the Human Rights Advisory Council on structurally separate toilet facilities in police station hitchhiking areas - 16 June 2015 This statement by the Human Rights Advisory Council deals with the issue of the structural separation of toilet facilities in police stations.

Statement on the supervision of police officers - 24 February 2015 This opinion of the Human Rights Advisory Council deals with the supervision of law enforcement officers in police inspectorates and police detention centres.

Statement on the NPM mandate for deportations and refusals by air - 16/12/2014 The reason for the statement was the unresolved question of whether deportations and returns by air fall under the NPM mandate and can be monitored by the commissions of the Austrian Ombudsman Board.

Statement on employment workshops - 16/10/2014 This opinion of the Human Rights Advisory Council deals with the need for reform with regard to employment workshops.

Statement of the Human Rights Advisory Council on limits to the powers of private security services - 10.4.2014 This opinion of the Human Rights Advisory Council deals with the issue of restricting the powers of private security services in psychiatric institutions.

Statement of the Human Rights Advisory Council on the proposal for the use of mesh beds - 13 February 2014 The Human Rights Advisory Council comments on the submission "Use of mesh beds" and demands that mesh beds and other cage-like beds are no longer used throughout Austria.

Statement of the Human Rights Advisory Council on the submission on the access of the commissions to the Traiskirchen Federal Care Centre - 10.10.2013 This opinion of the Human Rights Advisory Council concerns the powers of access of the Austrian Ombudsman Board and its commissions to the Federal Care Centre East Traiskirchen.

Statement of the Human Rights Advisory Council on the power of the commissions to inspect medical data in police detention centres - 15.5.2013This opinion of the Human Rights Advisory Council deals with the issue of the power of the commissions of the Austrian Ombudsman Board to inspect medical data of persons detained in police detention centres.

Contribution by Dr Tichy on International Human Rights Day - 4.12.2012 Ambassador Dr Helmut Tichy represented the Human Rights Advisory Council at the opening of the exhibition "Human Trafficking - Slavery of the 21st Century" at Palais Epstein on the occasion of International Human Rights Day on 10 December 2012.

Statements by the Chairpersons of the Human Rights Advisory Council - 10 July 2012 Statements by the Chairwomen of the Human Rights Advisory Council, Renate Kicker and Gabriele Kucsko-Stadlmayer, at the launch event of the Austrian Ombudsman Board as the Human Rights House of the Republic on 10 July 2012 in Parliament.

Statements of the Human Rights Advisory Council

Download: Statements of the Human Rights Advisory Council