Image: APA/CHRISTOPHER ECKL
The commission makes seven general recommendations. They were inferred from a hypothetical situation with which the case was approached. According to State Councilor Ulrike Königsberger-Ludwig (SPÖ), the case should be examined again. “as fast as possible” to be finished.
The most important recommendation of the expert group is that data protection and professional confidentiality obligations should never block the exchange of knowledge in the interest of child protection. The existing legal provisions at federal and state level should be reviewed here. “Data protection must not slow down child protection”Königsberger-Ludwig specified in an interview on Tuesday.
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It was also suggested that a permanent Lower Austrian child protection commission be set up, consisting, among other things, of experts from outside the state. There must be continuous work on the joint development of all child protection institutions, and ongoing professional evaluation is also needed, it was stated in the justification. The SPÖ state councilor outlined that the permanent commission should meet regularly and, for example, devote itself to social developments, priorities and changes. Such an institution is at the federal level “long time” been requested. Lower Austria is the first federal state to be implemented.
“Multiprofessional collaboration”
According to the expert group, one more thing is needed “multi-professional collaboration and teamwork” to get a comprehensive picture of the overall situation. It is recommended – in the interests of optimal networking and cooperation – that systems exchange information regularly, even outside of specific crisis management. Communication is more successful this way, and communication develops in specific cases “shared responsibility between the different areas of responsibility”. Furthermore, cross-system working groups are needed so that the specifications from various institutions can be interlinked.
Documentation as “essential building block”
In addition, documentation is one “essential component of child protection” and means of quality assurance. It should be mandatory in every organization, even where child protection is not a core competency. “As you document, you reflect. And it becomes more understandable”, emphasized Gabriela Peterschofsky-Orange, chairwoman of the commission. Establishing and adhering to the four-eyes principle is particularly important. The experts also addressed the topic of society’s need for information. Information should generally be provided “professionally, promptly and without violating personal rights” child protection must always be taken into account.
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According to the experts, from the beginning of their work, various legal requirements of the participating institutions for child and youth welfare, education and health proved to be aggravating. The commission therefore quickly reached the limits of the exchange of content about the case. “It was not possible to view the documentation of the other systems”said Königsberger-Ludwig. In particular, the provisions on data protection and professional confidentiality were a challenge, it was emphasized on Tuesday.
In summary, the independent commission emphasized that due to the constitutional competences, child protection in institutions takes place separately, but not as a combination of legal regulations, state and private measures. It is precisely this knowledge about the possibilities of other systems that is important for one’s own actions “extremely important”.
“A unanimous commitment”
The experts are also critical when detailed information about people becomes public, especially if a child is involved in a case. Children have the right to a future without being unintentionally confronted with their past again and again. Therefore, child protection must also be taken into account in media reporting, for example in ethics guidelines.
Members of the Lower Austrian state government were also informed about the results of the report on Tuesday. No decision has been made, but there is one “unanimous commitment that we will follow the Commission’s recommendations in all respects. We will continue to work with these results”announced Königsberger-Ludwig.
The commission was set up in the summer of 2023 after criticism of the authorities was expressed in the media in the case.
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Source: Nachrichten