.
A 3-page highly relevant document by Christian Sailer (lawyer) in the full text.
» decision the country's pension office Bavaria from 10.07.2010 for the benefit of a former home child "
Of utmost priority !
After careful study of my hand, this common document (by Prof. Dr. Manfred Kappes and lawyer Chris Sailer of 9 November 2010), I am of the opinion that not only the first nine pages of this PDF - document @ http://www.veh-ev.info/archivpdf/profkappeler.pdf of very high value are , but also
perhaps even more so
the last three pages
So now here I quote the last three pages in the exact wording for you all.
[ page 10 ]
» ruling of the pension office Bavaria from 10.07.2010 to the benefit of a former home child
In October 2010 the National Pension Office (Centre Bavaria Family and Social Affairs in Bayreuth)" as a result of damage to the Victims Compensation Act in conjunction with the Federal Supply Act "today neunundvierzigjährigen a woman who many years of her childhood and youth had to live in a (church-run) home of the child care, a severely disabled-care granted.
the citation said it: "They are grown during their stay at the Marian Home Würzburg in the period May 1964 to September 1974, the victim of violence within the meaning of § 1 of OEG in the form of physical abuse and sexual abuse.
is to recognize a medical condition resulting from an injury, the probability of the causal link necessary to present what is no doubt. "
The applicant has had to endure for a long time in a home of childcare sexual violence and other abuse. These acts were committed against her before the adoption of the Victims Compensation Act (OEG) in 1976. Consequences of violent acts that occurred before that date will not be recognized in proceedings under the OEG in the rule. It is in this Act but a hardship scheme (§ 10a para 1 OEG), after the people who were in the period from 05/23/1949 to 05/15/1976 victims of violence, can be compensated if they are "only as a result of this damage severely damaged "and" needy "are.
The "Damaged Care" includes in this case an "occupational injury compensation" and a "compensation pension".
Key to the decision of the country's pension office in Bavaria, the OEG proposed "burden of proof": If an applicant in demonstrating the device with the injury-related facts of evidence, his own data of the decision be based on where they appear credible in the circumstances of the case. The "causal link" between the injury and the actions resulting from them, and training health consequences can not be proven rigorously, but it is sufficient that the causal link is likely. based
for the recommendations of the Round Table residential care for financial compensation for former children in care by the federal, state, churches and charities has this decision by the country's pension office Bayern important. Many former children in care have had to suffer from similar acts of violence such as the applicant. In many
[ page 11 ]
the "income from current or previous activities mitigated by damaging consequences" has been and many may "in consequence of their health status (...) one of them reasonable employment, or only with above average power costs "exercise (Quotes from the reasoning of the decision of the country's pension office Bavaria).
This recognizes the country's pension office, that while have the residential child suffered damage to a significant reduction of life opportunities (work participation and income) out, and it is calculated on the basis of a monthly compensation pension for a disabled, which is much higher than the alumni of the children living at the Round Table residential care required amount of compensation. This decision makes first clear how untenable the defense of the representatives of public and private institutions of the Youth Services Roundtable residential care for individuals with respect to a tangible, its financial situation is really improving compensation payment, and it shows second how reluctant the demands of the former Children in residential care at the Round Table monthly to a pension of € 300 or alternatively is off payment of € 60,000, which must not be set off against other social transfers.
Of principal importance for the "burden of proof" to the victims of the residential care of the forties to seventies are the cited "burden of proof" because so many former resident, the Youth Office, custody and home records were destroyed or rendered untraceable, the only way to their right to come.
The fact that the causal link between education during the home suffered damage and its consequences for professional life is not rigorously proven must be and it is sufficient if the relationship is likely to be taken in the compensation of former children in care from a national compensation fund be established as a guideline for all negative consequences of lifelong education in the home.
The applicant was believed by the authorities, although the free youth welfare bodies in whose home she was abused for ten years, each specific allegation denies and tries everything to qualify in the year-long process, the credibility of the applicant to provide.
had described this as early as 2003 supply the competent Office of their ill-treatment during the years in the home, but that the Communications was not a reason to take a victim compensation proceedings. In 2004 she tried again to reach a OEG procedure. The responsible officials but she held on the position of a formal request, giving her persuaded that it would therefore not succeed. Now the country's supply of office Bayern positive definite request, it shall open in 2008. The decision from the state pension office will be the non-action or alleged rejection of the initial competent pension office: The OEG was "wrong" has been applied and the security office was incorrect by a
[ page 12 ]
" Facts "was assumed. The applicant had "social benefits to which they" had been withheld.
If it can be assumed that this ruling of the pension office Bavaria in the context of social awareness of the violence-shaped education in the homes of Youth Welfare of the forties to seventies has become possible, it must nevertheless be said, unfortunately, that it is an individual decision concerns. It is unlikely that the supply of offices nationwide will follow the reasoning of the country's pension office Bavaria. Moreover, the "long road" of an OEG-process the vast majority of former institutionalized children in age and terms of force no longer reasonable. The applicant in the procedure reported here was the beginning of this long journey forty-three, making it one of the most recent former resident, currently fighting for their rehabilitation and compensation. That has not given up and was able to prevail ultimately, is her personal strength, an exceptionally supportive social network and some lucky circumstances owe. The degrading, is made with the risk of post-traumatic reactions associated OEG procedure of a process in which a rule's credibility into question former children in care is unreasonable. It's not to refer to the reference to the ruling of the pension office Bayern former children in care for a victim compensation proceedings under the OEG.
The decision of the state pension office Bayern shows, however, look like a recommendation of the Round Table, Residential care in his in December 2010 anticipated final report, based on the financial compensation to former children in care, and the procedure for obtaining such compensation would have. The National Pension Office, Bavaria is not a humanist-oriented social station, but a legally sober pondering and calculating authority that the law applied and that is not lawful act upstream authorities have criticized and corrected. The representatives of federal, state, municipalities, churches and charities should take inspiration from this example.
The applicant, the undersigned, the OEG they helped in their process legally and professionally asked to support this opinion in all respects the legitimate claims of the former children in institutional care at the round table in Berlin.
Berlin, 9 November 2010
Dr. Christian Sailer, Attorney
Prof. Dr. Manfred Kappes, educationist «« «
See also the note dated 11.12.2010 and the since then comments TO in Dierk Schaefer's Blog @ http://dierkschaefer.wordpress.com/ , ie the local article with the headline " Prof. Dr. Manfred Kappes: From the "Interim Report" of the Round Table home education on the draft "final report" - read between the lines II "
CROSS REFERENCE : » "home victim rights activists" in action for former children in care ": 11.09.2010 document of Prof. Dr. Manfred Kappes (educationist) "@ http://heimkinderopfer.blogspot.com/2010/11/heimopfer-rechtsverfechter-im-einsatz.html
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My [ie Martin Mitchell] own current signature: A hearing or proceeding without qualified legal counsel, the law is like a building without a foundation - a house of cards, and a indictment of any "democracy" and alleged "law", their attempts to minimize this behavior.
My [ie. Martin Mitchell's] own current signature: negotiation with The Perpetrators, your detractors and opponents without legal counsel present and QUALIFIED by your side throughout and at all times, and without reliance upon the law and jurisprudence, is like a building without a foundation - a house of cards, and any attempt at curtailment of these rights is clear evidence of incompetence, incapacity and incapability of a country's "constitutionality" and it's "democracy".
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" We must not wait until the freedom struggle, called treason '. "(Erich Kästner )
