Hygiene provision in Austrian prison: rights concerning clothing, personal hygiene, purchases and complaints under the Prison Act.
Mag. Christopher Angerer, Rechtsanwalt
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Clean clothing and adequate personal hygiene are part of basic provision in sentenced imprisonment. The prison institution must provide an appropriate framework. Own clothing, additional items and financing are governed by separate rules.
The first step is to separate a missing service, a refused personal item and a dispute about house money or reserve money. A clear record makes the appropriate application or complaint easier to prepare.
Separate provision, personal clothing, purchases and remedies.
This selection does not replace an individual assessment. It helps organise the first documents.
Record which clothing, washing facility or body-care possibility was missing, since when and to whom it was reported. Section 42 StVG requires enough warm water every day for thorough cleaning. A warm shower or bath must be possible as needed, at least twice a week.
Section 39 StVG permits own underwear and simple, suitable outer clothing if it can be cleaned in or through the institution. Security and order must not be endangered. Describe the item, cleaning route and reason for refusal.
First check whether the item is permitted and how it may be obtained. Under section 54(2) StVG, house money is available for goods and services under the statutory rules. Reserve money serves support during the first period after release. An account balance alone does not establish that a purchase is possible.
Keep the application, response and date of announcement or service. A complaint under section 120 StVG must identify and give reasons for the decision, order or relevant conduct. Section 121 governs responsibility and procedure. Check the time limit from announcement or service.
Section 42 StVG governs cleanliness and personal hygiene. Enough warm water must be available every day for thorough cleaning. A warm shower or bath must be possible as needed, at least twice a week. Sanitary facilities must be hygienically equipped, clean and decent, with toilets separate from cells.
Record the facility, dates, duration, report and response. This separates a single disruption from a recurring provision gap.
Section 39 StVG permits own underwear and simple, suitable outer clothing if cleaning in or through the institution is secured and security and order are not endangered. The item, quantity, material and cleaning route matter.
The institution also provides bed linen, hand towels and pocket handkerchiefs. A refusal should be recorded with its precise reason and any proposed alternative.
Separate whether an item is permitted, whether it may arrive from outside or must be obtained through the institution, and which funds may be used. Section 41 StVG requires items not handed over to be recorded and stored. Items requiring special facilities may be refused.
House money is available under section 54(2) StVG for goods and services under the statutory rules. Reserve money serves support after release. The permitted-item list and purchase route are important documents.
The legal assessment depends on the concrete restriction.
| Situation | Legal point | First document |
|---|---|---|
| Personal hygiene Section 42 StVG | Dates, facility and report | |
| Own clothing Section 39 StVG | Item, cleaning and reason | |
| Storage Section 41 StVG | Record and further treatment | |
| Funding Section 54 StVG | Funds, item and route | |
| Remedy Sections 120 to 122 StVG | Application, response and service |
The provisions address different questions. Lawfulness depends on the facts and the institution’s reasons.
Keep the application, response, announcement or service date and any purchase lists. For clothing, record the item, cleaning possibility and requested replacement. For a supply gap, record when clothing, water, shower access or sanitary facilities were inadequate.
Relatives should check permission before sending an item. If it is not handed over, section 41 StVG governs storage and possible return, sale for the person’s benefit or destruction if unusable.
Section 120 StVG covers decisions, orders and relevant conduct affecting rights. A hygiene case may concern a documented refusal, an unresolved disruption or a refusal to explain the purchase route.
Section 121 governs responsibility and procedure. Section 122 concerns applications and complaints in the supervisory context. The event, conduct, reasons and date must be clear.
A broad complaint without dates and concrete effects is difficult to assess. Refused clothing, missing provision and funding should be described separately. An account balance does not automatically permit every purchase. Announcement and service must be recorded for a time-limit check.
A short, verifiable account should describe the item, requested provision, response and remedy, with documents showing the sequence.
Important: In an acute health situation, request the responsible medical service of the prison institution immediately. The legal assessment follows from the concrete conditions and documented response.
Section 42 StVG requires a warm shower or bath as needed, at least twice a week. Enough warm water for thorough cleaning must also be available every day.
Section 39 StVG permits own underwear and simple, suitable outer clothing if cleaning is secured and security and order are not endangered.
Under section 54(2) StVG, house money is available for goods and services under the statutory rules. The item and purchase route must also be permitted.
Secure the reason, date and requested alternative. This supports a renewed application or complaint.
The answer depends on the event. For a decision, announcement or service must be checked. Section 120 requires the event and reasons to be stated.
Storage, return and complaint preparation.
Applications and documents for health problems.
Admissibility and remedies.
Complaints and documentation.
Basic rights and duties.
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