[D+51] human rights – legal action is excluded

60 years of the same basic rights and freedoms for all^*) People
Disabled the help of the countries: “The decision is final”

*) For disabled people except

^[1]AUSTRIAN BCITIZENS ofIINITIATIVE

^[1]
Partner of the German Federal initiative "Daheim statt Heim"
c/o Gerhard Lichtenauer, Ing.Tel: 0699 12490010Fax: 07477 490015
at home, instead of home... [URL removed-ed.] Email: info@home instead of home...

OPEN LETTER on human rights day

Weistrach, on 10. December 2008
60 Years Of Human Rights

To the The constitutional court President Dr. Gerhart Holzinger Judenplatz 11 A-1010 Vienna E-Mail: vfgh@vfgh.gv.at [2]

 

60 years same basic rights and freedoms for all^*) People
Disabled the help of the countries: “The decision is final”

*) For disabled people except

Dear Mr. President, Dr. Holzinger,

to stay their statement in connection with the humanitarian law,

“For official manifestations of grace there is in the rule of law has no place”,

I allowed me this statement in a comment-free modified hypothetical to the österr. Social law is to be applied (see Annex). I would be interested in your opinion on this.

There for eleven years (1997) of the prohibition of Discrimination due to disability in the Federal Constitution (BV-G article 7): the Republic agrees that any and all discrimination of disabled people compared to non-disabled people to be excluded. It says:

“No one shall be discriminated against because of his disability. The Republic (Federation, Länder and municipalities) commits itself to ensuring the equal treatment of disabled and non-disabled people in all areas of daily life.”

Austria has committed itself in international Agreements, to protect against discrimination. There is a corresponding prohibition of Discrimination in community law (e.g. article 13) and, most recently, the UN Convention "The Convention on the rights of persons with disabilities ^[3]“ for disabled people full inclusion in and equal participation in the community as a universal human right in the world confirmed.

The Contracting States have to ensure a discrimination-free, social inclusion of disabled people in all areas of life. In article 19, for example, "independent living and inclusion in the community" are guaranteed freedom of choice of place of residence and form of housing and assisted living in the self-selected, own premises is required. Disabled people must not be obliged to (a) be urged to can only in special forms of living life. A “range of community support services at home and in institutions ..., including personal assistance” is to be ensured by the Contracting States. All the fundamental rights and freedoms, including the right to family life (article 23) have to be made for disabled people without barriers and obstacles, accessible, like non-disabled people.

On the 60. Anniversary of the universal Declaration of human rights, I would like to ask you, in this context, the following questions:

1. May it be impaired for mental or multiple disabilities to the so-called (only) “physically disabled” a bad position in the case of the allegedly “voluntary” services for the disabled the countries?
2. The extent or the quality of support from the public for groups of people that differ in the type or Severity of the disability (point 1) is allowed to each other in a grossly differ?
3. There must be in the disabled people of the second and third class, which, for example, is to the (rest usable) efficiency, or the degree or type of disability?
4. May be made in respect of the care keys quality standards and quality assurance in inpatient and day - care facilities differences, depending on whether someone's age or due to an accident is in need of care or as a disabled person the same care, support or assistance needs?
5. There should not be such differences (point 4) due to the fact because or if it is facilities or support measures of the social help of a Federal country?
6. May relatives or Close people with disabilities compared with families of non-disabled (or otherwise disabled) on the grounds of disability (or Disability) of the members in the administrative enforcement at a disadvantage?
7. It is allowed in accordance with BV-G of article 7 and the UN Convention to grave (the whole life of existence in question) differences in the power spectrum of assistance for people with disabilities the provinces? May, for example, be a disabled person in lower Austria, in the Tyrol, Living at a disadvantage?
8. Austria is obliged as a state party to the Vienna Convention on the law of treaties of 1969, to comply with international treaties "in good Faith" (article 26), whereby a party may not invoke their domestic law to justify a failure to fulfil a Treaty (article 27). The bodies governed by public Law, which, in the meantime, since 23 may. October 2008, legally binding fundamental rights standards of the UN Disability Convention to ignore it?
9. If all (or almost all) of the questions from a constitutional point of view, the answer is NO, why should the legislature and the administration continued in the provinces, and to freely operate, as there would be no Federal Constitution, no human rights, no international treaties, and no rule of law?
10. Finally: Why are the complaints to the constitutional court pursuant to article 144 B-VG, Para. To treat 2 rejected, if the court recognizes no reasonable prospect of success, without, however, having the complaint dealt with (sh. for more Info: http://www.bizeps.or.at/news.php?nr=7722#fid6097 ^[4])?

Respectfully
Ing. Gerhard Lichtenauer
The Initiator of the Austrian citizens ' initiative “the Home home” [URL removed, note.]

Annex:
“The fight for the “equal” life on the move? Official graces are a thing of the past! ^[5]”

Printable version of this OPEN LETTER:
“2008-12-10_OFFENER_BRIEF_an_VfGH-Praesident_-_60_Jahre_Menschenrechte_-_Laender_ausgenommen.pdf ^[6]”

Addendum on 17.12.2008,
Response of the CC Presidium on my OPEN LETTER dated 10.12.2008:
“2008-12-15_Antwort_von_VfGH-Praesidium_auf_OFFENEN_BRIEF_-_Menschenrechte-Vollzug_der_Laender_bei_Behindertenhilfe.pdf ^[7]“

Translated by Yandex.Translate and Global Translator