Criticism of adult protection law: Danger to human rights is growing!

Criticism of adult protection law: Danger to human rights is growing!

On June 13, 2025, a press conference with Martin Ladstätter, the Vice President of the Austrian Disabled Council, as well as the chairman of the independent monitoring committee, Julia Moser, and folklife attorney Bernhard Achitz, pronounced a clear warning about the planned changes in adult protection law. The intended adjustments that are part of the Budget Malow Act encounter massive criticism. Ladstätter showed understanding of the federal government's savings efforts, but urged "quick shots" that could endanger human rights.

Particularly worrying is the possibility that adults who are under a judicial adult representative can very rarely fall back on their self -determination. Moser called the plans "very questionable" because they could violate the UN Convention on Humans, which emphasizes the right to self-determined decisions for people with disabilities. The adult representation should only exist as long as it is absolutely necessary, Ladstätter demands, and an obligatory clearing to check the need for representation.

planned changes and their consequences

A significant change in the draft law stipulates that the review period of the judicial adult representation is extended from three to five years. This could significantly impair the quality of the checks, since longer deadlines weaken the verifiability, warns Achitz. In addition, the obligation to review an adult protection association should be omitted, which, according to the critics, could lead to inadequate checks.

The structures for supporting people with disabilities are also affected because the support mechanisms are questioned. The public prosecutor sees similar dangers in the changes and reports of bad experiences that affected people have had with the representation by lawyers. Ladstätter and his colleagues are therefore calling for a return to a participatory process to solve existing challenges.

background and development of adult protection law

The background of this debate ranges until the MUST Committee in 2013 ranges the previous administrative law, which led to the revision of adult protection law. Since the 2nd adult protection law came into force on July 1, 2018, the self -determination of people with disabilities has been strengthened. The UN Committee had praised this process during the 2023 state examination. Unfortunately, the working group in the Ministry of Justice was dissolved in autumn 2024 to evaluate this progress before a joint decision could be made.

The planned changes contradict the content of the talks in the working group. Moser warned that the responsibility for adult representatives should not only be with lawyers, since they could possibly affect self -determined decision -making.

The Ministry of Justice defends the planned measures and explains that the adult representative system is currently at its capacity limit. "Coordinated adjustments" are being worked on in order to take into account the concerns of the professional world. But the uncertainty remains: The right to self -determined decisions and the necessary support must be focused on any reforms. And this must also be done in the further course of the participatory process between the Ministry, the Adult Protection Associations and other representatives of interests.

For more information on the planned changes in adult protection law, visit the articles at , OTS and Cologne .