Residential care in Germany
Placement in care homes or other social institutions is significant in terms of human rights because it involves interference with personal freedom, self-determination and privacy. In the reporting year, the National Preventive Mechanism under the UN Convention against Torture (CAT) visited the St. Peter and Paul nursing home in Mauren. As in previous years, its current report comes to an extremely positive conclusion regarding the cleanliness, environment and treatment in all of the homes visited by Liechtensteinische Alters- und Krankenhilfe (LAK). However, in its 2016 report to Liechtenstein, the Council of Europe's Committee for the Prevention of Torture (CPT) identified a need for action with regard to measures restricting movement and the possibility of complaints.
Measures restricting movement
The Council of Europe's Committee for the Prevention of Torture 2016 (CPT) found that there was no basis for movement-restricting measures in retirement and nursing homes and recommended that the government create a corresponding legal basis. With the revision of the Social Assistance Act 2021, the legal basis for measures that restrict movement is now in place. However, it would be necessary to check whether the regulations and practice in all social institutions have been adapted.
Check whether the guidelines for movement-restricting measures are implemented in all social facilities.
Independent complaints body
The report of the Council of Europe's Committee for the Prevention of Torture (CPT) had also already recommended to the government in 2016 that an external complaints procedure be set up in all social welfare facilities in Liechtenstein. The National Preventive Mechanism under the UN Convention against Torture states in its current annual report on the visit to a LAC home that there is still no independent complaints office for residents. This continues to affect all social institutions. In Switzerland, there are independent complaints bodies at cantonal level. In Liechtenstein, the LIPO would be predestined to be an independent complaints body. Its aim is to represent the interests of patients and insurance holders and to strengthen their position in the healthcare system. However, this would require a legal basis, e.g. similar to the Home Residence Act in Austria.
Home Residence Act
In Austria, the Residential Homes Residence Act regulates the rights and obligations of residents of residential homes, particularly homes for the elderly, nursing homes and homes for the disabled. It ensures that residents' personalities are respected and that they can lead a dignified life, including appropriate care and protection from abuse. The law stipulates that homes must comply with certain quality standards and that residents have access to complaints procedures. It also promotes the self-determination of residents and the involvement of their relatives. Liechtenstein has no legal basis for residential care. In 2017, the Ministry of Society initiated a review of the Austrian law, but no further legislative efforts have been made in this regard to date.
Create a legal basis for an independent complaints office for residents of care homes and social institutions and their relatives.
