Title: Das Pflegegeld und die Menschengrundrechte


click here to follow the link

Alternative title:

The nursing care benefit and human rights


Kundera, Weronika


The nursing care benefit (Pflegegeld) in the Republic of Austria is a social benefit granted in order to provide assistance and care to individuals in connection with their inability to live autonomously. In accordance with article 4 of the Bundespflegegeld statute it includes assistance with routine daily activities that are not of a medical nature, such as dressing, undressing, everyday hygienic care, washing, and hair combing, etc. A case concerning the amount of the benefit paid to an elderly woman with long hair has gained a lot of attention. Due to the fact that the care of her hair took more time than prescribed, the social welfare center ordered the applicant to cut her hair. The woman appealed the decision, arguing that the purpose of the nursing care benefit is to improve the situation of the person suffering from senility, which should allow him or her to live in accordance with their needs, expressed e.g. by the right to make decisions concerning one’s appearance. The applicant questioned the decision from the point of view of the benefit’s purpose, arguing that the shortening of the long hair she had for years would worsen her mental state. The Court rejected her arguments, pointing to the fact that the care of an ill member of the society has to fall within reasonable boundaries. A caregiver who provides assistance is only obligated to perform essential activities that are necessary and sufficient to alleviate everyday pain and overcome the difficulties of a senile person, such as helping them with getting up, preparing meals, and apartment cleaning. He or she is not a hair stylist or a beautician, and the activities performed as part of these professions remain outside the caregiver’s professional duties

Place of publishing:



Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego ; Wydawnictwo Beta-Druk


Uniwersytet Wrocławski. Pracownia Badań Praw Orientalnych



Date issued:





oai:repozytorium.uni.wroc.pl:78310 ; ISSN 2080-332X ; ISBN 978-83-65158-04-8


eng ; ger

Rights Management:

© Copyright by Pracownia Badań Praw Orientalnych, Katedra Doktryn Politycznych i Prawnych Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego & Authors, Wrocław 2015

Access rights:

Rules of usage of Digital Library of Wroclaw University


click here to follow the link

Rights holder:

© Copyright by KNDPiP, KNOTE, Katedra Doktryn Politycznych i Prawnych WPAiE UWr & Authors, Wrocław 2007

Autor opisu:

WR U/PAdjm

Object collections:

Last modified:

Mar 15, 2017

In our library since:

Nov 8, 2016

Number of object content hits:


Number of object content views in PDF format


All available object's versions:


Show description in RDF format:


Show description in OAI-PMH format:



Edition name Date
Das Pflegegeld und die Menschengrundrechte Mar 15, 2017



This page uses 'cookies'. More information