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Live aid and rehabilitation care for the severely disabled at home

Mütter schwerstbehinderter Kinder


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15.12.08 - Gerhard Lichtenauer - Druckansicht und drucken

[D+56] EntHEIMlichung 2

Nope guidelines, “Housing for mentally and multiple disabled people” and
“Guidelines for the implementation and promotion of personal assistant in the private sector”


  • Want to be of lower Austria to the social model region of Europe, by prohibitions of Discrimination in accordance The Federal Constitution Article 7, EC Treaty article 13, UN Convention on the rights of disabled people Article 19 of the u. v. a. fundamental rights and freedoms disrespected?
  • Why are the guidelines of the NÖ held for persons with a disability a secret?
  • Services may be of assistance to the disabled in front of potential beneficiaries is hiding and the “additions” be designed so that they can hardly be claimed?
  • The NÖ will help the disabled, performed in the impermissible arbitrariness and a conscious disregard of the Constitution by the provincial government of lower Austria, is a even?
Daheim statt Heim

Österr. Citizens ' initiative “the Home home”

Subject: Nope guidelines, “Housing for mentally and multiple disabled people” and “guidelines for the implementation and promotion of personal assistant in the private sector
Date: Mon, 15 Dec. 2008 17:30
To: “The People's Lawyer Dr. Peter Kostelka”
CC: “Mag. Johanna Mikl-Leitner, NÖ social councillor”


To the AOB
z. Hd. Hrn. Dr. Peter Kostelka

Dear Dr. Kostelka,

after I on the part of the Ombudsman's office for more than ten weeks, no response1 on the request from 25.9.08 – “Has to hide the provincial government of lower Austria?” – received, I published on 9.12.08 a copy of the NÖ guidelines “Housing for mentally and multiple disabled people”. See:

EntHEIMlichung so far verheimli compressor NÖ directives “Living” for disabled people
A copy of the NÖ policies, “Housing for mentally and multiple disabled people”
BICEPS-Info: lower Austria on the way to the social model region in Europe?

Although these guidelines are not a “land of mystery” and more, I am interested in testing and answering the two questions still:

  1. Must decided the appropriate country policy, to the exclusion of the Public and their Details will continue to be handled as classified information?
  2. It may be that the aussonder will be given to the accommodation of disabled people in ghettoisiere special facilities, with respect to assistance from public funds is a preferential (multiple funds) over the life in the own four walls with outpatient forms of Support, after the UN calls for a Convention on the rights of persons with disabilities in article 19 to the contrary in a legally binding way. This international Convention took effect in may in the world in force and was ratified by Austria in July 2008. [UN CRPD is in force subsequent note 13.5.2012]entered into force on 26.10.2008,

In this context, would be very interested, whether this handling of the country lower Austria corresponds to a transparent management, because there are also other guidelines, the potentially affected beneficiaries (why?) remain hidden to. For example, for over three years, the internal NÖ- “Guidelines for the implementation and promotion of personal assistant in the private sector”.
In the remarks on individual cases, “VA NÖ/211-SOZ/04” ( in the annual report (2004-2005) are mentioned in these guidelines by the AOB:

... That forms from tax funds this employment 2 additional support should, and can, appears clear. Thus, in lower Austria existing in-house see “Guidelines for the implementation and promotion of personal assistant in the private sector” expressly provides that social insurance and labour law regulations are to be observed in the organization of personal assistance strictly. The grant performance is the height with max. € 20,00 per assistance hour. Per month can be granted for each aid recipient only hours to the extent of the net costs of inpatient care. Thus, the use of the funded assistance is in the private sector, however, only disabled people who have sufficient savings or an average income.
[Source (PDF): Report of the Ombudsman's office of the lower Austrian provincial Parliament (2004-2005) – Helpless in lower Austria – Personal assistance for disabled (Page 20-21), Note 13.5.2012]

In the opinion of the state government of the lower Austria state Parliament to the o. e. annual report of the Ombudsman's office stated in a Letter dated 3.10.2006:

... To
A 24-hour care in Austria in the reporting year, and also currently applicable working time regulations and collective agreements means that for a care of mon – sun 5 service need to take to be employed and this in compliance with the principle of Equality for all the needy people who want this form of Care, for the social assistance is not affordable. The working hours act, the employment of foreigners law, collective agreement law and also the health - and sick care act does not fall within the competence of the Länder.However, in order to, at least, hard-to-patient – mostly in the profession –people who are able to guide your assistant in your care, to provide care in a private apartment, can Lodge an appeal with the state of lower Austria in addition to the maintenance money A contribution to the cost of the pers. Assistance up to the cost of the most expensive inpatient care. This service is carried out according to the guidelines of the country for personal assistance services for people in need of care from care benefit level 5.

In this formulation, many question marks, such as “the observance of the principle of Equality” of the lower Austrian government is understood to rise. Apart from this, there are already several individual case solutions “Personal assistant in lower Austria” what the WAG – assistance cooperative nope and handled will be discussed. It is Mostly (or maybe exclusively) to assistance solutions in connection with the nationwide regulated “assistance in the workplace”, the title of the guidelines, but allows for the conclusion that PA is in the “private area” could be funded by the Land NÖ.

On the Homepage of the Federal state of lower Austria for more than three years of the existence of these guidelines is still not a single reference to the fact that there is such a thing as “Personal assistant” in lower Austria!

I extend my both of the above repeated questions to the AOB in connection with the NÖ guidelines for the assistance to the disabled as follows:

  • A province is allowed to hide funding opportunities and services for the disabled in front of potential beneficiaries and the “additions” so that they can only be of the very few that know yet – perhaps coincidentally – of the claim (see also
  • A state government in a single paragraph of an official statement in which it emphasizes, first, the commitment to equality principles should, in the next sentence, the respect of basic constitutional rights, under Budget-Reserved and already in the next sentence, the equality principles of discards by disabled people in the categories of ability to work and professional activity will be divided (see the above quote of the reply to the VA's annual report)?
  • The nope is state government for the assistance to the disabled to the impermissible arbitrariness and a conscious disregard of the Constitution by the provincial government of lower Austria, is a even?

I refer you to my ten questions to the President of the constitutional court of 10. December – “Human rights – legal action is excluded (pdf) – what is the validity of administrative enforcement of the countries to principles of Equality of human rights and the UN disability rights Convention for the content of the real existing.

With kind Regards,
Ing. Gerhard Lichtenauer
The Initiator of the Austrian citizens ' initiative “the Home home” [URL removed, note.]
T: 0699 12490010
... 3

  1. Addendum 21.4.2009: I have today been urged in the case of the AOB, see new open letter
  2. Note: this is the 24-hour care by illegal Eastern nurses
  3. Revision 13.5.2012: link corrections, retrospective comments

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