More self-determination

Supreme Court ruling: “This is a milestone for inclusion”

A dramatic accident in 2018 got the ball rolling.(Bild: Huber Patrick)

A ruling by the Supreme Court now ensures more self-determination for people with disabilities. This was triggered by a case from 2018 in which a 23-year-old client of Lebenshilfe was involved in a serious accident.

People with disabilities will be able to live even more self-determined lives in future. A ruling by the Supreme Court (OGH) clarified the duty of supervision for such facilities.

The ball was set rolling by a tragic case from 2018: a 23-year-old client of Lebenshilfe was hit and injured by a car on his way to a store. He was traveling alone, as road safety training had been practiced with him on this route months earlier. Everything went well for several months. On this day, he decided not to cross the road via the crosswalk as usual. The driver then demanded compensation.

The Supreme Court stipulates that self-determination clearly takes precedence over absolute safety for people with cognitive impairments.

Gregor Riedmann, Jurist der Lebenshilfe Tirol

Self-determination outweighs duty of supervision
A ruling was made at the end of 2023: With reference to the UN Convention on the Rights of Persons with Disabilities, it was decided on the one hand that there is no duty of supervision for facilities that care for adults with cognitive impairments when it comes to compliance with general traffic safety obligations. On the other hand, the ruling goes one step further, as Gregor Riedmann, lawyer at Lebenshilfe, explains: "The Supreme Court stipulates that self-determination for people with cognitive impairments clearly takes precedence over absolute safety."

The right to self-determination is to be valued higher than the issue of the duty of supervision.

Georg Willeit, GF der Lebenshilfe Tirol

This only applies to adults. Georg Willeit, Managing Director of Lebenshilfe Tirol, speaks of a landmark ruling: "The right to self-determination is to be valued higher than the issue of duty of supervision." In future, this means that the realization of personal rights will increase. This applies not only to transportation, but also to housing and leisure activities. Those responsible speak of a "milestone for inclusion".