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The Australian Martin Mitchell has chosen to FOR THE BENEFIT OF ALL " CONCERNED " this differentiated » solutions " here in this, his FORMER HOME KIDS BLOG 2 make known:
These are the many "former home children" gathered diffenrenzierten » solutions " to " compensation issue " for "the harm they wrongly and suffering "that is used by many" locked former home children "inside and outside the" Association of former children in care eV " [ latter from the" round table " ! ] ( VEHeV. "/" VEH ") collected" ideas "--- not just the" ideas "an individual or a limited group, but a very diverse and unlimited author collectives of many "former home children" --- " ideas " which then insistence that "interested parties" out of one of three people , with the permission of the patron of » Roundtable " Dr. Antje Vollmer usually there with the » roundtable residential care " for " Former home children "MUST APPEAR , were first filed on 02.07.2010 ; ie, approximately identical version of this differentiated » solutions " was presented orally, both as well as in writing, a SUBMISSION , but unfortunately have not enjoyed the manager at the » rounds Table " has been logged .
Our solutions are answers to five questions:
first How to help victims of the former residential care, the dignity that they were taken to regain?
second How to help victims of the former residential care, with subsequent losses of them in the homes befallen Un-right and suffering to cope better?
third How can victims of former residential care will be compensated financially?
4th How can the benefits for victims of former residential care are financed fi?
5th What can be done be in order not to happen in the home education of the 50's and 60's wrong again?
Note 1:
We use the term "victim FORMER residential care, to make it clear that we only think those people who as infants, as children and / or who have suffered as a youth in care and were damaged.
Note 2:
We assume that is legally barred for most victims of former youth home the injustice done to them. Therefore, we concur with the information provided by Dr. Fred Wapler proposal with our demands not to the to put stale rights violations, but to the consequential damages. This means that we base our support on the home, churches, municipalities, provinces and the federal government demands addressed to the "acceptance of a continuing responsibility without legal claim" (Dr. Wapler).
make, but we note that the legal statute of limitations is itself a consequence of the then suffered injustice and suffering. Because the trauma suffered and the inescapable need for survival, not replace it, and to the shame, was a foster child to be, were the main reasons that it was psychologically impossible for victims to go out and related in time lead to legal proceedings.
first How to help victims of the former residential care, the dignity that they were taken to regain?
We Recommend:
first The injustice, the victims of the former residential care will have suffered from high places in church and state publicly recognized as wrong. By the same public places a request is granted pardon.
second The injustice, the victims of the former residential care was done, is recognized as a violation of human rights.
third At the meeting of the Roundtable 1 and 2 July 2010 were proposed to repeal the "chain of responsibility" wrong decisions taken subsequently deemed unlawful. Since this is not legally possible, has been proposed instead that such decisions if they are still referred to in document shall include a statement that they are regarded as illegitimate. This proposal will include up to us to want him but add to the effect that such a declaration attached to not only act but also the respective parties shall be given.
4th in various ways is related to the education of home Period 1945 to 1975 recalls, for example by:
► monographs on individual homes, such as the monographs of sanctuary, Glückstadt and Volmarstein
► artwork by victims of former residential care, unless they relate to their home experience are
► plaques to former homes or their locations
► A central memorial. A memorial
► The continuation of the academic study of the home education of the 50s and 60s
5th was at the round table proposed by others, to recommend to the legislature that he changes the word "neglect" in Article 6, paragraph 4 of the Constitution. This proposal we close to us.
second How can victims be helped former residential care, with subsequent losses of the better in the homes suffered injustice and suffering to cope?
added to this question of AFET (Rainer Kroeger) the round table at the meeting on 1 and 2 July full and detailed proposals. Mr. Kroeger called a "start-up, advisory and coordinating body for dealing with the home education of the 50s and 60s (contact point), branch offices with headquarters in Berlin and six distributed in western Germany.
We join his proposals by and large Whole to suggest, however, amend or modify it as follows: first
The "focal points" are called "shelters for victims of former residential care.
second These bases also work with interested parties, in equal numbers.
third The concept of the bases will be developed together with stakeholders.
4th The center is located not in Berlin but in the center of the old Federal Republic.
5th The network of bases to be made tighter. The rural areas are adequately addressed. For many victims of former residential care are a long ways to cope with difficulty.
6th The points can also be outreach work.
7th The bases help those affected to organize themselves for working up their home mover. This means in detail: The bases affected
► help in the search for their files, the files assurance and inspection;
► find parents, siblings and other relatives;
► find people with them were in institutions; ►
in organizing meetings with other victims of former residential care; ►
in the formation of support groups;
► in creating ways to guard against a re-traumatization in old age;
► than arbitration, if victims demand compensation for damages to the residential care;
► in documenting and remembering
► (Chapter 1 section 4 see) at the critical appraisal of the former offense.
lead to point file backup, file access and file archiving, we made:
a ) The files of the persons concerned are:
► in the facilities of all the institutions of the former residential care and their archives, courts, youth services, national youth services, national charities and landscape associations in all guardianship agencies and all other authorities that may dispose of it to be good for another 50 years;
► archiving at the expense of those bodies;
► stakeholders uncensored give as a whole to review and leave on request a copy .
concerned have a right to her biography and all that information on record in related. The data protection law, and E. subordinated to the rights of the possible uncensored insight into his own biography.
b) On behalf of victims of former residential care is the bases of institutions, associations, Home media and archives to allow the existing Ak-backs up information and inspection.
addition, we suggest these steps: As soon as possible set up a fund paid from the medical and psychotherapeutic measures (or prepaid) will be if the health insurance (not provisionally or not) pay for it (such as in trauma therapy ).
in paragraph "old-age insurance", we run:
a) The bases affected advise on issues of elderly assistance.
b) offer interested parties to help themselves, such as the creation of residential housing or other forms of autonomous life in old age.
c) develop and support regional alternatives to placement in nursing homes, such as multi-generational housing, daily groups, assisted living, home care services.
to point " appointment of an authority " we run:
in cases of doubt with regard to the recognition of a right to compensation is established in the bases in a joint arbitration body.
in paragraph "Scientific work-up" we do:
The bases are involved in the critical appraisal of the former offense. That is:
a) Formulate the research bases and give orders.
b) the research contracts, if necessary, financed or financed by the Fund described in Chapter 4.
c) The parties concerned contribute, wherever possible, the research process, in the sense of so-called action research.
third How can victims of former residential care will be compensated financially?
be made in this Interim Report, three points: first
The RTH will examine whether the OEG can be adjusted by the legislature or whether individual circumstances and procedures of the OEGs beneficial and appropriate for a different solution.
second The RTH will consider whether and how a special arrangement by which working hours can also be recognized in homes, for which insurance contributions have been removed, is possible and appropriate and can be recommended in addition to the legislature.
third The RTH will examine whether and to what extent the recommendation of a fund for material recognition is appropriate and possible. Such recognition would have to be proportionate to the services which have received the other victim groups in German history, are.
take the statements made in the interim report, we stated:
first Victims Compensation Act
of the interim report in respect of the OEG envisaged inspection order should not be pursued, because, first, the products covered by the OEG circle of victims is too small, and secondly would the OEG required complete proof of a relationship of cause and effect probably equivalent to a re-traumatization.
second Pension law
In many cases, had to make children and young people within and / or outside the home work, the
► non-educational purposes, and was therefore not designed to do so
► excessively was
► which was used to replace staff or workers
► the therefore be regarded as wage labor is
► for social security contributions should have been paid but not paid.
As far as the pension law to the needs of those affected can not be modified to be made for this work from the pension fund described in Chapter 4.
third Tangible recognition
We believe that a material recognition in proportion to the level of what others comparable groups of victims, so other victims of former residential care and / or sexual abuse, have received in European history. In Ireland, Norway, Great Britain, Canada and the U.S. government or church (or both) have made considerable financial compensation. In Austria, like a prospect. Germany can not go back behind it.
beat this in mind we suffered serious injuries for compensation (damages) before.
COMPENSATION
Anyone who has suffered severe damage in the home, physical, mental and / or mental replaced, for which he inflicted Injustice and suffering and for the lifelong damages a symbolic compensation (pain-zensgeld).
count to the heavy damage, we:
► placement in an infant home
► physical, mental and / or mental abuse
for example, by beating, by humiliation, by psychotropic drugs, by eliminating all contact with the family or by religious coercion
► forced labor within the meaning of Article 12 paragraph 2 and 3 GG (including child labor)
► withholding of education and training
► any form Santander custodial sexual abuse accommodation
►
In forced labor Article 12th Paragraph 2 and 3 of the Basic Law, we understand in our context, each at the request of the home inside or outside of the homes by force work done, not educational purposes, that was not designed accordingly, but that was excessive and not infrequently degrading the contrary, and in prevented many cases by their excess education and training, and consequently more difficult to build a reasonable existence, if not even impossible.
proposal I :
beat some members of our team a lifelong monthly pension of 300 euros, or alternatively a one-time payment of 54 € 000 ago. As a basis for the one-off payment of 54,000 €, they have a monthly pension of 300 euros, paid a total of 15-year term.
This compensation would be a lump sum benefit. This means that for one of these heavy damage there would be just as high as compensation for several.
II proposal (proposed alternative):
beat the other hand, in front of other members of our team, not a flat rate but to deal individually-additive. Those who have suffered this injury is a compensatory payment equal to 20 . 000 € , optionally, a lifelong monthly pension of € 110 received. Anyone who has suffered two of these lesions, should twice get so 40,000 euros, either a monthly pension of 220 € , etc. Who has not suffered any damage, should 120,000 euros to receive either a monthly pension of 660 euros. If it could, that made an average of three damage claims, it follows an average compensation of 60. 000 € , either a monthly pension of 330 euros .
In both proposals: If an interested party should missing evidence, evidence by a separate affidavit or affidavits of witnesses to be possible. ALL PAYMENTS SHOULD
COMPENSATION WITHOUT DEDUCTION OF THE GENERAL SECURITY OR OTHER TRANSFER PAYMENTS (unemployment benefit, integration assistance, ETC.) GRANTED.
Note 1:
Our discussion of the nature and amount of compensation is not yet known ends. It is determined by three important questions: What solution is right? Which solution is for the victims in relation to the provision of reasonable evidence, that is the least offensive? And what a proposed solution is rea-istic?
Note 2:
The number of people who will demand a compensation payment, is open. Estimates that over 50,000 Beyond us are not known.
4th How can the benefits for victims of former residential care be financed?
A fund is established, which consists of two parts: first
FOUNDATION FOND
This fund includes a solid non-disposable capital.
are usable only income.
The council are also concerned.
subsequent donors are to be determined in a proportional share:
► home operators and support organizations such as Caritas and Diakonia
churches
► ► ► religious communities
Public Youth welfare bodies (municipalities, counties)
► ► covenant states
second FOUNDATION FOND
flow in these donations exclusively.
The capital of the donation fund is used at any time.
The donation fund is replenished each year according to demand.
donors are in a determined pro rata share of the foregoing.
benefactors and donors is also the German economy. Because even if they should have paid the wages for the work of former institutionalized children forced labor to the respective home operator, it has in our view
a moral obligation to participate in the financial Services for victims of former residential care and rehabilitation to their fair share.
5th What can be done in order not repeated in the home education of the 50s and 60s
wrong done?
added to this question of the Regional Association of Westphalia-Lippe (Hans Meyer), the round table at the meeting on 1 and 2 July 2010 eight qualified proposals.
We agree with these proposals, but add:
first The Ombudsmen are independent.
second As ombudsman or ombudsmen also contribute by former children in care.
third At the control visits to the country's youth services / regulatory bodies in institutions take part, members of the Home Advisory Board.
addition, we remind here again in Chapter 1 under Item 4 said: ►
monographs on individual homes
► artwork by victims of former residential care
► plaques to former homes or their places
► National Memorial and Memorial
► Continued the critical appraisal of the home education of the 50s and 60s
Our work on these proposed solutions is still not finished. For comments and suggestions are welcomed.
24th August 2010
conclusion is made of the Australians Martin Mitchell points out that so far have not got any of the listed him here people and organizations, business enterprises and authorities any " solutions announced":
The League of Federal Republic of Germany
The 16 individual states of the Federal Republic of Germany
The Roman Catholic Church of Germany (RKK)
Caritas
The Evangelical Church of Germany (EKD)
Diakonia
The workers' welfare in Germany (AWO)
all involved individual sisters Order in Germany
all involved individual Brothers Order in Germany
All charities
Municipalities
The counties
All other "private carrier "Back then, 'Homes'
All youth authorities
all the time from the" injustice and suffering "benefiting companies and business entities (but as yet not even the" roundtable residential care " in Berlin have been charged and of which so far at the" round table "not even been mentioned). Neither state nor church
have the "interested parties" just so far only COMPLETE LIST OF ALL THEIR TIME OF YOU DRIVEN ' HOMES ' provided with respect to which quite a " compensation " for " stay " and " treatment "/" abuse " therein as " inmate apply "could.
And all political parties ( polisch any party as an individual entity - whether " LINKS ", " RIGHT" or " CENTER " whether " RED " " ROSA", "BLACK ", "YELLOW " or " GREEN ) in the Federal Republic of Germany " sit "continue " on the fence "what the" issue of compensation for former children in care " concerns. No one wants to define himself or Taking a stand for this " victim group " / for this " fringe " --- and " children in "'re not "elite students" and the "German Education system "is not in danger respect of which what residents (and students from there come to Germany) and economic concerns. The society has to" the edge of to yield ends promoted "and there they are, the remain " children in ", it seems,
ADDENDUM (31.08.2010) .
, the Protestant theologian and psychologist, Dierk Schäfer , who for quite some time with this theme and seeks himself personally for the interests of "the former home children" committed, has this differentiated » solutions " as much in his BLOG : Dierk Schaefer Blog ( http://dierkschaefer.wordpress.com/ ) @ http://dierkschaefer.wordpress .com/2010/08/27/losungsvorschlage-von-dr-wiegand / forge and makes some "the former home children" have already made several comments in there to do so.
Dierk Schäfer even this differentiated » solutions " commented here @ http://dierkschaefer.files.wordpress.com/2010/08/loesungsvorschlaege-kommentiert.pdf .
Also started a lively discussion to the forum » Forum: Former home and adoptive children " @ http://ehemalige-heimkinder-info.foren-city.de/ in the thread to the local operator " Örni " solutions for the rth Dr. Wiegand 'names @ http://ehemalige-heimkinder-info.foren-city.de/topic, 228, 45-loesungsvorschlaege-for-the-rth-of-dr-wiegand.html (a thread that is now already well advanced [31/08/2010] up on page 4)
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Relevant comments can also be made HERE in this FORMER HOME KIDS BLOG 2 to these " HOME CHILDREN'S COMPENSATION SOLUTION PROPOSALS " will then be HERE be visible to all readers.
comments = comments can by clicking the Post a Comment be buttons in the footer of this paper submitted (ie, use a scroll little bit down, where is the Post a Comment to find button).
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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 an indictment of every "democracy" und angeblichen "Rechtsstaat", wo versucht wird dies einzuschränken.
My [ ie. Martin MITCHELL’s ] own current signature: Negotiation with the perpetrators, your detractors and opponents without QUALIFIED legal counsel present and 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, incapability and incapacity 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 )
