Criticism of the Adult Protection Act: Disabled Council warns of risks!

Criticism of the Adult Protection Act: Disabled Council warns of risks!

In Austria, changes in adult protection law are up for debate as part of the 2025 budget accompanying law. The Austrian Council of Disability has clearly spoken out against these planned adjustments because they potentially endanger the protection of human rights. Klaus Widl, President of the Austrian Council of Disability, refers to the need to avoid overhanged changes in adult protection law in order not to endanger the progress that was achieved by the 2nd adult protection law.

The main points of the desired legislative changes include the extension of the deadline for the renewal of the judicial adult representation from three to five years. In addition, the cancellation of mandatory clearing in the renewal process should be decided. The possibility of being used as an adult representative is also part of the draft. These changes are considered unacceptable by the disability council because they question the rights of people with disabilities.

claims and evaluation process

The Council of Disability calls the Minister of Justice Dr. Anna Sporrer to delete two specific points from the draft: the extension of the deadline for renewal (§ 246 ABGB) and the deletion of the mandatory clearing (§ 128 outside). Widl emphasizes that the protection of human rights for people with disabilities must be guaranteed, which is strongly questioned by the planned cuts.

international context and human rights

The discussion about adult protection law in Austria takes place against the background of the UN Disabled Rights Convention (UN-BRK). The aim of promoting human rights and fundamental freedoms for around 1 billion people with disabilities worldwide worldwide. In Germany, the UN-BRK was ratified on February 24, 2009 and came into force on March 26, 2009, which resulted in a paradigm shift in disability policy and recognition of human rights of people with disabilities.

The UN-BRK concretizes rights such as access to education, the world of work and cultural life and regulates participation in various areas of life. Contract states are obliged to regularly present reports on the status of implementing these rights and must actively implement the convention. This obligation shows the need for comprehensive protection against discrimination and exclusion, which could be endangered in Austria due to the desired changes in adult protection law.

The topic of reforms in adult protection law illustrates the crucial role of legislative measures to protect human rights and referred to the internationality of this problem, as also emphasizes the German Institute for Human Rights. The agreed goal of the UN-BRK remains that all people with disabilities have equal and fully accessed access to their rights and exist the necessary protective mechanisms.

With a view to the next steps, it remains to be seen how the legal situation will develop and whether there will be a dialogue between the political decision -makers and the representatives of the disability law movement.