The fight for the “equal” life on the move?
Human rights and people of a higher value than the principles of Economism would have.
“For official manifestations of grace there is in the rule of law has no place”
... said the new decisions of the constitutional Court's President Gerhart Holzinger on 27.6.2008 in connection with the current basic law correction to the topic of “humanitarian right to stay”.
Comment:
This is an extremely interesting and pioneering formulation of the Supreme national guardian. There is hope that antiquated Befürsorgungs provisions in the Austrian social tilted to the right by similar findings also.
So far as the “petitioners” treated and to basic rights and freedoms restricted, care and assistance of needy people are still waiting that the Austrian constitutional court judges are similar to argue (in a free modification of the Reasoning of the constitutional court judges to stay on the right Change):
"The existing care system includes the right to "assistance care", a legal entitlement to certain measures has been rejected, however. Often have been and will be denied, therefore, certain measures for the disabled, such as Personal assistance or other forms of integration assistance, with regard to so-called “Voluntary benefits” of the country as a private legal entity, arbitrarily granted, restricted or entirely.
This paternalism principle in the administrative practice of the Austrian social system is a right of Grace, a relic of earlier times, in the democratic state. These rules came from a time in which the Subject of the mercy organisations, or the grace of the files of the authorities to help dependent.
Also, the social laws have to be based on the fundamental rights of free and equal citizens. Even a high support needs, in the Presence of must have for each and every Individual the right to equal participation in social life, to the protection of Private and family life, as well as the free choice of the residence safeguarded. Guaranteed support for vulnerable people need to be individually adapted according to need.“
Human rights and people of a higher value than a “deportation” in aussondernde in-patient facilities, out of seemingly public fiscal would have interest!
The Chance, which the constitutional Court had already in 2007, was unfortunately not usedto the Face of the Austrian Befürsorgungsstems transferred in a humanitarian face an equal part.
Austrian Citizens ' Initiative “Home instead of home”
Gerhard Lichtenauer
Translated by Yandex.Translate and Global Translator
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