As part of a press conference, Martin Ladstätter, Vice President of the Austrian Disabled Council, Julia Moser, chair of the independent monitoring committee to monitor the implementation of the UN Convention on the rights of people with disabilities, and folk attorney Bernhard Achitz on June 13, 2025 planned changes in adult protection law through the Budget Construction Act.
After massive criticism of the property law by the UN Committee on the rights of people with disabilities in 2013, the adult protection law at that time was revised as part of a participatory process. The revision culminated in the decision of the 2nd adult protection law, which came into force on July 1, 2018. This strengthened the self-determination of people with disabilities who have a representative and the legal situation to the requirements of the UN Convention on the Rights of Disabilities was approximated. “”The process of developing and the entry into force of the 2nd adult protection law was highlighted by the UN Committee at the State Examination in 2023 as one of a few points as particularly positive.
“, Martin Ladstätter, Vice President of the Austrian Disability Council, recalls.
In autumn 2024, a working group was set up in the Ministry of Justice to incorporate the results of the external evaluation of the 2nd adult protection law into the legal situation. This working group was dissolved by the Ministry of Justice – even before a joint decision had occurred. It is now planned to make changes in adult protection law with the budget accompanying law, which contradict the discussion content of the working group and result in a massive interference with the self -determination rights of people with disabilities.
„The fact that Austria is breaking off that internationally praised process of participation and thus leaving the principle ‘nothing without us’ is completely incomprehensible and extremely unfortunate.
“, Illustrated Julia Moser, chair of the independent monitoring committee to monitor the implementation of the UN Convention on the rights of people with disabilities.
Specifically, it is planned in the budget accompanying law to extend the review period of the judicial adult representative from three to five years and to reduce the obligation to commission a review by an adult protection association as to whether there is still a need for an adult representation.
“Deadlines protect human rights. Anyone who extends them, for no good reason, weakens the principle of verifiability. In addition, it is feared that judges waive the commissioning of a clearing and thus extends adult representatives without a comprehensive review of their need.” Martin Ladstätter, Vice President of the Austrian Council of Disability.
„The planned changes would be a step backwards and a violation of the UN Convention on the Rights of Disabilities. It would be necessary to ensure that adult representatives are not even necessary with preventive measures. The countries are in demand.
“, illustrated People’s attorney Bernhard Achitz.
The representatives of the disabled council, monitoring committee and public prosecutor are committed to deleting the planned changes from the budget accompanying law and repeating the path of participation in order to solve existing challenges in a common process.