Representation network for the International Day of People with Disabilities
Vienna (OTS) – Only recently, the United Nations technical committee for the implementation of the UN Convention on the Rights of Persons with Disabilities (UN-BRK) came to a shameful conclusion: Austria is failing in many areas, and in some cases there are even steps backwards compared to the last state audit in 2013.
The technical committee is concerned, among other things, about the disproportionately high poverty rate among people with disabilities and recommends that Austria take effective measures to counteract this. The UN CRPD, for example, norms the right to an adequate standard of living and social protection as a basis for social participation. In order to implement this at the national level, efforts are also required from the federal states, which are responsible for fighting poverty and social security at the state level.
Unfortunately, the countries in particular are failing to implement their obligations. “People with disabilities not only do not receive any support through the federal basic social assistance law and the state implementing laws based on it, but are often further excluded and pushed into precarious living situations.”
, criticizes Martin Marlovits, deputy. Head of Adult Representation Department at representation network.
Restrictive practice
How little international obligations are taken seriously is shown, for example, by Burgenland, which presented a draft of a new, extremely restrictive social welfare law immediately after the state review. For example, it is planned to include the housing allowance in its entirety as income in the standard social assistance rate and thus deduct it. Special payments (Christmas and holiday bonuses) from a half-orphan’s pension are also collected, although the basic social welfare law does not necessarily provide for this.
In almost all federal states, social authorities force people with disabilities who are dependent on social assistance to legally demand financial support from their parents. Otherwise, social assistance will be significantly reduced, usually by several hundred euros. “People who are unable to work due to a disability are treated like children for the rest of their lives and their parents are asked to pay for the same amount of time. That’s a scandal”
so Marlovits.
“In contrast to the previous minimum income, the Social Assistance Act no longer defines the fight against poverty as a goal. We notice this very clearly in practice. A client in Upper Austria even had a Christmas donation for a bed deducted from his social welfare benefit.”
says Marlovits. In Upper Austria, for example, the “disability bonus” – a special payment granted by the Social Welfare Principles Act – is offset against the state’s benefits under the Equal Opportunities Act and then deducted again.
Constantly under suspicion
“We are increasingly having to take legal action against state authorities or the pension insurance company all the way to the highest courts in order to enforce legitimate claims, for example for increased family allowances, an orphans’ pension or a home victims’ pension. There is always the suspicion that benefits are being received unfairly.”
says Marlovits. Those affected have to repeatedly and laboriously prove that they are permanently unable to work and must always provide medical proof of their disability. The underlying medical model of disability also contradicts the UN CRPD, which calls for a human rights approach.
Just one example: A client with a severe anxiety disorder who hardly dares to leave the house now has four specialist medical reports, one occupational health report, two further reports from the PVA and two official medical reports that certify that he is permanently unable to work. Even the administrative court has already confirmed this. Just a year after the verdict, the social welfare authority again requested that he undergo an assessment, and he has since completed two more appointments.
Marlovits sums up: “Comprehensive inclusion cannot be achieved without a sustainable social network. The UN expert committee calls for increased awareness, particularly at country level, of the obligations arising from the UN CRPD. But the political leaders continue to react with the question ‘how much will it cost me’ instead of asking themselves ‘what can I do’. We demand that the UN CRPD finally be implemented and social welfare laws reformed. Inclusion should not be a question of wallet.”
Questions & Contact:
Ms. Karina Lokosek, BA
Representation network – public relations
+43 676 83308 8173
carina. locos@vertretungsnetz.at
www.vertretungsnetz.at