"In practice, contrary to the provisions of the UN Convention on the Rights of Persons with Disabilities, people with disabilities often do not have the opportunity to freely choose their place of residence and their form of housing," was already stated in the Ombudsman Board's report on Upper Austria in 2012. Ombudsman Bernhard Achitz: "The situation has not improved since then. Upper Austria is ignoring its obligation to provide sufficient places in residential facilities for people with disabilities." On 30 June, Achitz presented the case of Benedikt F., who has been reserved for a place in a fully supervised residential facility since December 2024, on the ORF programme "Bürgeranwalt". "This is absolutely unreasonable. Unfortunately, we keep receiving cases like this from Upper Austria," said Achitz.
Benedikt F. has been waiting for one and a half years for a place to live, to which he has a right
37-year-old Benedikt F. has been blind since birth and has suffered from epilepsy for several years. After completing his A-levels, he trained as an office administrator. He was unable to continue working due to his epileptic seizures. He lives remotely in the countryside and is looked after by his parents. However, they are no longer able to do this due to their advanced age. He is therefore dependent on a fully supervised place to live. This was confirmed by the Office of the Upper Austrian Provincial Government in an expert opinion in December 2024. In May 2026, he still had neither a place to live nor a decision from the authorities.
Province of Upper Austria must provide enough places
"I want to lead as self-determined a life as possible - as best I can as a person with a disability," says Benedikt F. This is also provided for in the UN Convention on the Rights of Persons with Disabilities (UN CRPD), which Austria has committed to implementing. "Of course, this obligation also applies to Upper Austria. People with disabilities must have the opportunity to freely choose their place of residence. The province of Upper Austria must therefore provide the necessary facilities and services," says Ombudsman Achitz.
Ombudsman Achitz criticises inadequate administration
The state justifies its inaction with the fact that there are not enough places. Achitz: "There is obviously a lack of administration here instead of inclusion. The fact that there is always talk of 'prioritisation lists' alone shows that many more places need to be offered. If there were enough places available, there would be no need to prioritise anyone." After the Ombudsman Board and the "Citizens' Advocate" intervened, Mr F. was promised a place to live after all. Achitz: "This is of course very good news for Mr F. that, after a year and a half of waiting, he is finally getting the place he is entitled to. But the problem for many other people affected remains unresolved."
In the "Equal Opportunities Act", problems are to be shifted onto those affected
On the contrary, because a planned amendment to the Upper Austrian "Equal Opportunities Act" would bring further tightening if it were passed as it has been submitted for review. "The aim here is to shift responsibility onto the people affected: They should only be allowed to apply for funding for a place to live or for personal assistance once they have organised the care themselves. Apparently, the state wants to shift its problems onto those affected," criticises Achitz. The Ombudsman Board will also draw attention to this in a statement during the legislative process.
Photo: Pixabay/JJuni