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Mütter schwerstbehinderter Kinder


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05.10.08 - Gerhard Lichtenauer - Druckansicht und drucken

[D-15] federalism is a stumbling block rule of law development

The rule of law, bounces against schwer fortified bastions the former ‘Preceding
When will the draining of the wetlands of the Austrian low areas of payments?

Posting in Forum of BICEPS-INFO to the article:
ÖVP-Praniess-Kastner: the Ombudsman's office criticized the handling of people with disabilities in Vienna
Position of the rights of people with disability must always be a top priority
... Forum posts (05.10.08)

Wetlands of the Austrian lowlands 5. October 2008 At 09:21
@ Häutl: Aptly analyzed and dissected! What did you mean by “rule of law”? The small States of the former principalities (Föderreich) is not a Legal state, but [Later.: a “deep level” of] wetlands of the “graces” (copyright by the new constitutional Court President: “For official manifestations of grace there is in the rule of law is no place”.

It's time for the “Draining of acid meadows and marshes” (© by Rudolf Kirchschläger) has not yet been tackled.
Silence of the grave.... or the calm before the storm? (

An Addendum to the ‘wetlands of the Austrian lowlands’:
The Ombudsman's office needs more powers against ignorant social bureaucracy of the country 5. October 2008 At 16:09
In the case of a social policy to ‘Gutsherrnart’ or in a ‘banana Republic’ we know at least where you are allowed to crawl as a supplicant, a few crumbs off, which could then fall off the table. When in Austria, ruling Syndicate of support for conscientious objectors not even a people(alibi)advocate a ‘Leiberl has’. Often (!) themselves the last Letter, the VA experienced to massive complaints about the ignorant social bureaucracy of the countries referred to: “As a people profession, we have no powers”.

Such Supervisory bodies are to be for naught, if the examination results no skills [Anm.: “Consequences” was in need of give meant] to be. It is only....lberung of the disaffected people. This powerlessness of the people, advocacy is rarely publicly admitted. If you read the VA reports, you will see only bad, to what the System is capable of.

Nevertheless, before the elections, and in the case of the ‘Sunday talk’ the hanged benefactor abusive out. Full-bodied, for example in lower Austria, is claimed in all Seriousness to the social model of the region, to Europe, to the tail light function. The countries, in particular the decades-long absolute (- ist) ruled, laugh obviously crooked about this The sins of the people advocacy.

Social security is one of the most Central tasks performed by the state! The excesses of inhuman waste a phrase-Economism of the countries need to the pillory. Personal Absolution, it is said in the confessional, in real life, but in the socio-political responsibility, there is no washing without the essential repentance and active repentance or the consequences. The ‘heads will roll’ has already begun!

Posting in Forum of BICEPS-INFO to the article:
Personal assistant in lower Austria ... Forum posts (05.10.08)

Federalism undermines the rule of law 5. October 2008 At 20:09
Federalism as an obstacle not only in the case of Personal assistance, but, in General, assistance to the disabled. The Federal Austria is no “rule of law” anymore, because there is no uniform law, so, a plethora of legal standards apply to all Austrians, but of their place of residence or from the scope of the state law depend.

Well-intentioned, one could therefore speak of a Befindlichkeits-of-law state, strictly speaking, however, it has developed a Beliebigkeits-the rule of law long ago to the wrong state.

The different legal standards according to the countries ' competences seem to be by the Constitution, although covered. The unequal treatment of the disabled Austrians by country, however by adopting the following overarching legal systems allowed:

  • 1948 Declaration of universal human rights, article 1: “All human beings are free and equal in Dignity and Rights born”.
  • 1997 amendment to the constitutional provision of the prohibition of Discrimination (BV-G article 7): “no one shall be discriminated against because of his disability. ... in all areas of daily life....”
  • 2008: ratification of the UN disability rights Convention (e.g. article 19): ...”people with disabilities have the equal opportunity to choose their place of residence and to decide where and with whom they live, and are not obliged to live in a particular living arrangement ... including personal assistance” (regardless of the type of disability!)

There is a legal difference in treatment of disabled people, Austrians, depending on the state, since 60 years people have been legally questionable and, at the latest, since July 2008, will no longer be covered.

Due to the inconsistency of the Constitution, which speaks of the rule of law principle (of this) is, there is no rule of law Austria, until these treatments are not equal, that is to say, the nine law be abolished, local authorities (at least, the Legislative authorities of the country in the field of Disability) by means of the constitutional reform.

Gerhard Lichtenauer, Austrian Citizens ' Initiative “Home instead of home” and Katja's Blog (

Translated by Yandex.Translate and Global Translator

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Automatic Translation is far from perfect, but it helps to understand the content at all. Original: English