The structural deficits in child protection have been a particular focus for several months. Child protection organizations – the child and youth ombudsman’s offices, the child protection centers, ECPAT and the child rights network – have repeatedly pointed out “the major gaps in the existing framework and legal situation”. On Wednesday they called for “a significant strengthening of child protection and the discussion of children’s rights in Austria as well as a corresponding nationwide framework law,” it said in a broadcast.
Simply increasing the range of penalties is not enough to strengthen and protect children. The child protection organizations demanded that the independent rights of children in Austria as well as the state obligations to guarantee these can only be guaranteed through an overall ‘new child protection’ package. In a broadcast, the Austrian child protection centers missed the expansion of child protection organizations specializing in violence.
Package of measures against child abuse
In the course of the debate triggered by the Teichtmeister case about child abuse and depictions of abuse, the government presented a package of measures to protect children on Wednesday. Among other things, plans include a seal of approval for facilities that follow a child protection concept based on international standards, more financial resources for victim support, an increase in investigating criminal investigation departments in the field of child abuse and a significant increase in penalties.
“Meets longstanding demands”
“The package is really very positive and meets long-standing demands,” says Hedwig Wölfl, Managing Director of the child protection organization die möwe. The expert particularly welcomed the child protection campaign. “We are very happy about this awareness-raising, which should encourage people to take a closer look. It’s great that the government has decided to focus on this.” Prevention is one of the most effective measures, affirmed Wölfl. Among other things, she gave positive ratings to the obligation to communicate, the quality assurance for child protection and the child protection concepts in schools. “These are good steps that we very much welcome.”
The range of penalties must be appropriate to the offense and the increase “does no harm”. “But I also have to say that the current framework is currently hardly being exhausted.” In addition, procedures would also be discontinued and there would be a huge number of unreported cases. That is why the planned information campaign is “so important”. Wölfl would like the child protection centers and facilities to be further strengthened, which are absolutely necessary for the care of suspected cases and for process support. The established area can be used for follow-up treatment if necessary. As far as the funds foreseen are concerned, one can work with them. “Once is a beginning.”
Expert: Many perpetrators are minors
Christoph Koss, managing director of the association “Neustart”, also sees a lot of positive things. It is to be welcomed that more investment is to be made in investigative work and clarification. One aspect is particularly important in the debate about paragraph 207a (depiction of child abuse): Of the 2,147 suspects (in 2021), 1,073 were minors themselves. “These children and young people act from very different motives than pedophile sex offenders. Criminal law will not be able to solve this part of the problem,” said Koss. “Socio-pedagogical offers are needed for perpetrators who are still children or young people themselves.”
According to the expert, penalties would have a sustainable relapse-preventing effect across all age groups if they were accompanied by a good range of therapies. “The Council of Ministers’ presentation takes that into account as well.” It is also important that additional prevention offers are expanded, to which people who have not yet committed a crime but notice that they feel attracted to children can turn. “If these people have access to therapy anonymously and free of charge across the board, children will be protected because these people never become perpetrators,” said Koss.
Doubts about the effectiveness of higher penalties
Karin Gölly, deputy chairwoman of Austria’s violence protection centers, said that everything that serves to protect children is welcome. She personally thinks it’s a shame that it took a prominent case to get active. Reflexively demanding higher penalties is problematic. “But it is a signal, the question is whether it has a preventive effect.” The current penalty framework would not be used at all.
“There is no correlation between the level of punishment and deterrence,” Kreissl made clear, citing numerous studies. The only deterrent for potential perpetrators is a high risk of being caught. It is also important that the punishment follows the crime as quickly as possible. There is a causal relationship here.
The announced higher penalties are a “simple, cheap method” to show the government that “we are doing something,” said the criminal sociologist. It brings nothing, but “you can sell it well”. Long prison sentences are counterproductive in terms of recidivism. Diversion, socio-educational work-up and appropriate treatment in prison would be more successful.
In terms of prevention, it would make more sense to try to get to the source and stop the acts and the dissemination of these depictions there. This requires mass checks on the network to stop the exchange of images. In the USA, for example, profiles of credit card transactions were created and the perpetrators were tracked down. In Europe, the authorities’ hands are tied in this respect because of data protection, said Kreissl, who did not want to demand that it be softened.
Duty to communicate “with a sense of proportion”
With regard to the possible obligation of the law enforcement authorities to inform employers and associations if the suspect could pose an acute danger to children, constitutional lawyers spoke in the ORF-Mittagsjournal: Bernd-Christian Funk thought that one had to proceed with a sense of proportion, since there would be a risk that accusations that had no substance would cause damage that could no longer be repaired. “On the other hand, it is already clear that all prevention options should be used.”
According to WU professor Harald Eberhard, it is a matter of weighing up children’s rights and those of the suspect in private and family life. Should the project be implemented, there must be an exception to official secrecy. In addition, the obligation to notify should already apply to the criminal police if there is a reasonable suspicion. Otherwise, official liability claims could result in lengthy proceedings if no appropriate action was taken.
Further steps required
The Federal Youth Representation (BJV) welcomes the government’s will to adjust the protection against violence. “The package presented is an important step, but more must follow in order to protect children and young people from violence as comprehensively as possible in all areas of life. It is not enough to only react when something has already happened – as is the case in Teichtmeister. In Austria we need an expansion of prevention and stronger child protection against all forms of violence,” the BJV demanded via broadcast.
“Sexual violence is just the tip of the iceberg. There needs to be more awareness and attention when it comes to degrading and shaming a child, as well as physical violence,” explained BJV chairman Sabir Ansari. Focusing on the perpetrators and agreeing to higher penalties does not automatically lead to better child protection, Ansari emphasized. When it comes to child protection, there needs to be a focus on those affected. It is therefore particularly important that the government’s plans also include psychosocial aftercare for those affected.
The government also plans to implement child protection concepts. From the point of view of the BJV, this project leaves gaps. “Children have a special need for protection. Their safety and well-being must be guaranteed in every phase of life, whether in kindergarten, at school or during leisure time. We demand mandatory, qualitative child protection concepts in all sectors,” demanded the federal youth representation.
Desire for quick implementation
SOS Children’s Villages also welcomed the government’s plans for child protection measures. The declarations of intent must now be followed by the implementation steps in a timely manner, according to the demand. Managing director Christian Moser regretted in a broadcast that sports and cultural clubs are not obliged to establish child protection concepts. “It is already foreseeable that those organizations that take child protection seriously and live it will have their child protection concepts certified. But precisely those for whom raising awareness and better protection standards would be most important will not do so. An enormous gap in protection remains to be feared here,” Moser said.
The children’s friends also welcomed the package and called for further measures. The fact that the focus is on protection against sexual violence “is a narrowing for us that makes no sense. Violence has many faces, which is why the Austria-wide child protection strategy must also be multi-layered. Child protection must not be reduced exclusively to protection against sexual violence – it is a holistic issue,” emphasized Daniela Gruber-Pruner, National Managing Director of Kinderfreunde. She called for mandatory child protection concepts for all structures that work with children and young people. UNICEF Austria also welcomed the package of measures, as did the Austrian League for Child and Youth Health (Children’s League).
FPÖ sees deceptive packaging, SPÖ and NEOS satisfied
The FPÖ sees the government project as a “deceptive package and a diversionary tactic”. The minimum penalties must be raised and any abuse of children must be classified as “serious abuse”, she demanded via broadcast. The SPÖ spokesman for children and children’s rights, Christian Oxonitsch, welcomed the package of measures. He was “satisfied that the federal government largely meets the demands of the SPÖ”. Punishments alone would not have meant “an improvement in child protection”.
The NEOS looks similar. Because harsher penalties alone are not enough, “we welcome the announcement that there should also be more money for prevention, education and victim protection. But all this is not more than an announcement. We will make sure that this is implemented,” said NEOS justice spokesman Johannes Margreiter.
