AT: BICEPS-INFO
DE: Bi. "At home, instead of home" e. V.
EN: firm, people, and rights
EN: kobinet-nachrichten
EDF – European Disability Forum
ENIL – European Network on Independent Living
Is being renovated the loose Austrian Federal Constitution after 90 years, finally General?
The process of European integration for the establishment of reason, leads right in Austria?
“Goddess of wisdom”, a model of the Austrian parliamentary democracy, blind as “Justitia”
The long-overdue constitutional reform – is actually a solution to the post-war provisional restoration from the ruins of the monarchy after the First world war – is blocked for years by real political Strait-jackets against the necessary, in-depth administrative reform. The year-long struggle of the Austria-Convention solutions is in the Wetlands of the Austrian lowlands fixed.
Time is of the essence
Hopefully the suffering “of The crisis is used” as an opportunity, costly Ballast to throw off. When else if not now?
Forced marriages is required
Needs(e) the state receives for the Transfer of the “Befindlichkeits and Beliebigkeits - legal state” in a fundamental right-only the abandonment of national sovereignty that Austria is suppressed by the EU (and UN) from the outside, finally, civil and social fundamental rights and freedoms “up”?1
This is, at least, if we take the statements of the Federal President in his Speech at the 50. Austrian Juristentag (06.05.2009) consider.
There is hope yet?
We see it is actually a positive one: The President expresses an action from needs since the year 1920, to complement the Austrian Federal Constitution, the “triviality” of the missing fundamental rights, especially fundamental social rights. The head of state is to thank for this positioning, in fact, if he wanted to bring with reproduction of his office in a state of political intention. After all, insight is already half the way to recovery.
The fatal consequences of the provisional restoration
This blemish, the still-provisional Federal Constitution, probably explains in purely formal terms, some of the incomprehensible decisions of our highest courts and their Decision refusals. Understanding of the citizens can not afford, however, it offers the notorious support objectors in the social Affairs of the länder – the provision in article 7 (B-VG) and a myriad of international commitments of the last 60 years mocking – enough loopholes to unhindered exercise of official discrimination, arbitrary treatment by state authorities and the systemic, institutionalised violence against vulnerable people.
Responsibility of all organs of the state
According to my understanding of the "the rule of law principle“ a (very valid!) The basic pillars of our Constitution, it is not understandable that over the decades, since the UN Charter of human rights (1948) on the European social Charter (1969), UN children's rights Convention (1989), European Charter of fundamental rights (2000), to the UN disability rights Convention (2008), all note signed sacred, beige and ratified was joined, however, this should only serve the good glow?
Ignorant Law-Hypocrisy
"In the name of the Republic of Austria" has already been promised in many state acts, the "conscientious fulfilment of the provisions contained therein" solemnly, to enforce rights, we decided not to but (deliberately?) on long stretches. Even the constitutional provision which says that all public authorities at a disadvantage due to disability (and other grounds of Discrimination) in article 7 B-VG (1997) explicitly below, will be ignored for 12 years in legislation and enforcement.
Help from outside?
To be optimistic, I consider, therefore, in his speech expressed hope of the President that Austria, by the pressure of the may be still in force Treaty of Lisbon (incl. European Charter of fundamental rights) of the decades-long-entrenched hypocrisy apparent Pact ability in international treaties, in the social sphere, allow ourselves to be distracted.
It is our common responsibility
How long is the way to Austria will take to the rule of law yet, when does the Republic (the ruling people), finally, responsibility, and proves compliance with a contract for commitments? [URL removed-ed.]
“For official manifestations of grace there is in the rule of law has no place." — more”
— Gerhart Holzinger, President of the Austrian constitutional court (VfGH)“Part of no mercy, but a human right is. Who refused participation, thus violates human rights." — more”
— Hubert Hüppe, representative of the Disabled in dt. Federal government.
“Also, the social laws have to be based on the fundamental rights of free and equal citizens.”
— more“Who is forcing people with a disability, or needed, in special forms of housing or to live the so-called "homes", and violates universal human rights.”
— According to UN CRPD article 19 — more“Refusal to supply a means of securing the Necessary care, support or assistance of aid and people in need of care in the chosen habitat is wrong!”
— more“Representatives of politics and administration, to continue to ignore, be advised that you are willfully violating and continued General human rights, and this responsibility must be!”
— more“To knowingly or (even contingent) intentional abuse of office of officers, or incitement, is when others are harmed in their Rights, not a peccadillo but a crime!”
— According To Section 302 Of The Penal Code“In Austria, people with age - or disability-related need for assistance and their families fundamental rights deprived. Intentionally, at a disadvantage, repeatedly and persistently.”
— more“Those who ignore the clear demands of the UN Convention on the rights of disabled people still violates universal human rights and undermines the rule of law. This is also true for lower Austria!”
— more“We take our responsibility as a caring society, which is not fair to leave if the “life-task”, a disabled child (or dependent relatives) on an equal footing in life, very often for life-”task” is.”
— more“The state governments are still acting as if they are likely to put on about the Constitution, among the fundamental rights and legal claims continue to be due to arbitrary acts of Mercy to replace.”
— more“It's enough for a very long time! Enough of the lip service, of your deeds you will be measured! Your arrogance u. disregard for human dignity and human rights stank so mightily to heaven, ...”
— more— Gerhard Lichtenauer, Austrian citizens ' initiative “the Home home” [URL removed, note.]
The Postings in the Forum of BICEPS-INFO articles:
“Federal President Fischer supports fundamental social rights”
http://www.bizeps.or.at/news.php?nr=9655#fid10038 31. May 2009 At 01:10
“Austria-Convention: Failure or breakthrough?”
http://www.bizeps.or.at/news.php?nr=5671#fid10040 31. May 2009, 10:02 PM
- Addendum: with regard to the methodology, are reminders of Eastern neighboring state's Request to “brother help” Wake up. ↩
Translated by Yandex.Translate and Global Translator
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AT: "at Home, instead of home"
EN: ForseA
ECCL – European Coalition for Community Living
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