AUSTRIA: Children's Rights References in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Austria - 10th Session - 2011
26th January, 2.30pm to 5.30pm

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National Report
Compilation of UN Information
Stakeholder Compilation
Accepted and Rejected Recommendations

 

National Report

13. As a state party Austria has implemented the majority of human rights conventions:the International Covenant on Civil and Political Rights including its Optional Protocols establishing an individual complaints mechanism and abolishing the death penalty, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child (CRC) including its Optional Protocols on the involvement of children in armed conflicts and on the sale of children, child prostitution and child pornography, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women including its Optional Protocol, the Convention on the Rights of Persons with Disabilities including its Optional Protocol and the Rome Statute of the International Criminal Court. Austria has signed the International Convention for the Protection of All Persons from Enforced Disappearance, its ratification is being prepared.

23.Other human rights monitoring bodies are the Equal Treatment Commissions18 and the Office of the Ombudsperson for Equal Treatment19, the Data Protection Commission, the Representatives for Legal Protection, the Ombudsperson for Children and Youth, the Justice Ombudsman Service, the Patients' Advocacies and the Committee for Monitoring the UN Convention on the Rights of Persons with Disabilities.

30. The first comprehensive reforms, resulting in the elimination of blatant discrimination against women, were carried out in 1975 within matrimonial and family law. In 1979, a State Secretariat for Women's Issues28 was set up at the Federal Chancellery: since 1990 members of the government at federal minister rank have been entrusted with the coordination of women's policies. Professional equality for women and men has been promoted on a statutory level since the enactment of the 1979 Equal Treatment Act.29 Starting in 1992, binding rules to increase the share of women in all positions and at all salary levels until a quota of 45 per cent is attained were introduced at federal level, first at universities and subsequently in all public services. In 1989, major reforms were launched in the area of social policy, including reforms aiming at softening traditional gender stereotypes concerning child care. Paternity leave was introduced and enhanced in 2010 by granting income-dependent child care benefits. External child-care facilities have been regularly expanded.

32. The current report on the situation of women in Austria ("2010-Women's Report") reveals deficits in attaining the objective of actual equality of women and men in many areas. Considerable differences in the income of women and men exist and cannot be explained by any non-discriminatory factors. Despite significant improvements concerning the situation of girls and women in the field of education, problems still prevail; to a great extent this is due to the fact that women choose "typically female" jobs, often poorly paid. In addition, giving birth to a child is still a significant impediment to the professional career of many women. Re-entry into employment is often difficult and mostly entails part-time work and thus lower work compensation and pensions. The situation is even worse for girls and women with migration background, as they are often confronted with discrimination.

33. The Government is aware of the barriers for equality of women and, in its government programme, agreed to issue a National Action Plan (NAP) for the Equality of Women and Men in the Labour Market. Together with the social partners and experts a paper containing proposals for the elimination of disadvantages for women has been prepared. This paper defines priorities as follows: diversification of education and career, increase of women in the labour market and their full-time employment in combination with a reduction in gender-specific differences, increase of the share of women in leading positions and reduction of income differentials between women and men. A package of 55 specific measures shall implement these goals, such as mandatory occupational counselling at the 7th and 8th grade level, a review of the curricula and core subjects with regard to stereotypes. Particular attention will be paid to girls with migration background by providing appropriate measures in education and teacher training, continuous nation-wide expansion of child-care facilities, the promotion of paternity leave and the legal obligation for companies to submit reports on the income of women and men (starting 2011 for large companies).

34. It is a priority task for the Austrian Government to take efficient measures against all forms of violence within a person's close social environment, in particular violence against women and children.

74. For persons in need of special protection, a special residence permit on humanitarian grounds exists: Persons aiming at penal and civil litigation in cases of human trafficking, victims of domestic violence or unaccompanied minors for reasons of the child's well- being may file an application for a residence permit for special protection, in which case less strict application requirements apply. Such permit may also be granted ex officio.

81. The Government wishes to ensure the best chances for children and recognises the right of children and young adults to a self-determined life and to an optimal and free development as well as to their right to special protection.

82. Austria has ratified the CRC76 and its Additional Protocols. In order to strengthen the rights of children, essential children's rights laid down in the Convention shall be incorporated into the constitution. A Government draft has been submitted to parliament for discussion. This draft defines the wellbeing of children as central benchmark for all actions and provides for the right to adequate participation in all matters relating to children. The right to a non-violent upbringing and the right to protection from economic and sexual exploitation have been included. The right to regular personal relationships and direct contact with both parents and the entitlement to special protection and assistance of the state in case the child is removed from his/her family environment are contained as well as the equal treatment of children with and without disabilities and the special care for children with disabilities. Enshrining children's rights in the constitution shall also serve the purpose of building awareness. Education about children's rights is supported by special information for certain vocational groups, parents and children.

83. All children in Austria shall be able to live in a non-violent environment. In order to implement the prohibition of any form of violence in the upbringing of children (in place since 1989), various instruments for prevention like awareness raising, networking and professionalisation have been developed. Support facilities for the protection of victims have been extended and criminal proceedings improved ("Acts on the Protection against Violence").

84. Another major government concern is combating sexual violence. Austria will ratify the CoE Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. Special working groups have come up with and implement strategies to end violence against children in institutions, against sexual abuse of children in connection with tourism and in the new media and against trafficking in children. These working groups facilitate inter-institutional dialogue and thus make cooperation and coordination easier.

85. In order to substantiate the right to co-determination, in 2007 the voting age was lowered from 18 to 16 years. The importance attributed to the co-determination and self- determination of adolescents is also expressed in the establishment of the Austrian National Youth Council in 2011, which is independent and on an equal footing with all other social partners in all matters concerning young people.

86. In order to strengthen cultural identity80 of children, native-language classes for pupils with non-German mother tongue (including those raised in multi-lingual homes) were reinforced by increasing resources. In the school-year 2008/09 more than 360 teachers at more than 800 schools taught native-language classes to around 30,000 students in a total of 18 languages.

87. Another measure to help children finding their cultural identity, to promote their language development and improve the integration of children from families with migration background is the mandatory kindergarten year, which was introduced with the school-year 2010/11.

88. During the 2010 Children's Health Dialogue a health strategy for children and adolescents was developed, which focuses on health promotion and structural prevention under a "Health in All Policies" strategy.

89. In order to improve the protection and assistance granted to children, a new youth welfare law was prepared in cooperation with the provinces.

90. Austrian criminal law on young offenders entails an abundance of measures taking into account the special situation of adolescents and is primarily aimed at deterring young offenders from committing any additional criminal offenses and to facilitate their social reintegration. Apart from the option to waive a criminal conviction, criminal law also offers a diversion programme. In recent years, sanctions involving the deprivation of liberty have declined.

91. Regarding the problems of unaccompanied minor refugees, separate care institutions have been set up; detention may only be applied as a last resort. Detention pending deportation must not be imposed on persons under the age of 14 and may only be imposed on persons under the age of 16 if it is guaranteed that the available accommodation and care corresponds with the age and development of the adolescent detainee.

97. Special educational programmes play a significant role in preserving the languages of ethnic groups. The federal and provincial governments also subsidise private institutions providing multi-lingual early childhood education. Subsequent education takes place partly on a statutory basis and partly in state-funded private forms of education and schooling. Apart from these specific forms of schooling for the Austrian ethnic groups, the languages of the ethnic groups are also taught as a subject at general public schools, in various types of schools and in numerous locations. To meet the additional specific needs of the ethnic group of the Roma, targeted measures of assistance in the field of education are taken.

107. Internet Service Providers Austria is an umbrella association of the major providers in Austria, and has installed a contact point named Stopline91 for all users who come across child pornographic or neo-Nazi/racist content on the Internet. Stopline informs the respective provider, foreign partner hotlines and the competent authorities immediately about illegal content, who take the necessary measures to delete the illegal content and prosecute the offenders. Stopline is a member of the International Association of Internet Hotlines, which closely cooperates with hotlines in America and Australia, ensuring that child pornography/neo-Nazi/racist content on non-European servers can be traced efficiently.

115. The integration of children with disabilities at primary and secondary schools was provided by law in 1993 and 1996. At the parents' request, children in need of special educational support may either attend a special needs school or be taught in a regular school. Integrative education is organised either in integration classes104 or individually. For several years, more than half of all children in need of special educational support have been receiving integrative education. Special statutory provisions were enacted in order to guarantee continuous assistance for students with disabilities in the upper secondary schools. Integrative vocational training is realised by extending the apprenticeship by one year or, in exceptional cases, by two years and/or in the form of partial qualification for a skilled trade with one to three years of training. An amendment of the Vocational Training Act provides for a reduction of the regular daily and weekly working hours for apprentices with disabilities. Universities students with disabilities are supported in all fields of their studies by Disabled Students' Officers.

116. The University of Education Lower Austria offers a five-semester training course for teachers of deaf children, several other teacher-training colleges offer courses in Austrian sign language. A Ministerial guideline for teaching in Austrian sign language and sound accompanying and supporting signs is being prepared on the basis of the curriculum. A bilingual data base for schools will be established within 2 years (2010–2011).

125. The core elements of the Austrian education policy is education and training for everyone, increase of knowledge, abilities and skills, recognition of individual performance and promotion of a value-oriented personal development. Education means promotion of creativity, social competence, intercultural understanding, tolerance and democracy, which is strengthened primarily through political education. Primary and secondary schools have to ensure the highest possible level of education for everyone. Children and young adults in Austria should receive the best possible education. On the basis of equal opportunity and gender equality the school has to ensure a non-discriminatory development for children with different family backgrounds and cultural origins.

129. Thereby, Austria undertakes to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse and to include children's rights into the Austrian Federal Constitution according to the Convention on the Rights of the Child. In addition to the existing criminal law provisions, which have already made any form of torture a punishable offence, the inclusion of a definition of torture in the Criminal Code is currently underway. Work is also being done to implement the crimes under the Rome Statute for an International Criminal Court, which includes crimes against humanity and war crimes, into the Austrian penal code. Genocide is already a punishable offence under Austrian criminal jurisdiction.

134. Intercultural learning has been enshrined in the Austrian school system as an educational principle for decades. It has contributed to mutual understanding, realizing differences and similarities, abolishing prejudice. Positive connotation of bilingualism and multilingualism shall be enhanced. Intercultural priorities are being set within the curricula. Since 2006/07, school projects dealing with multilingualism and cultural diversity have been subsidised through the "Interculturality and multilingualism – an opportunity" campaign.

136. Human rights education at school has been integrated into the curricula through "political education" on all levels. Human rights are taught in the mandatory subject of "history/political education" in the 8th grade of all schools and in many institutes of higher education. Special initiatives are launched, for instance on the occasion of the International Human Rights Day. The Austrian Centre for Citizenship Education in Schools "polis" is an educational service institution operating under the Ministry of Education, Arts and Culture which offers teacher's training courses, teaching material and textbooks which are developed in close cooperation with national and international organisations (ETC Graz, AMNESTY ACADEMY, Council of Europe, etc.).

141. The Austrian development cooperation supports partner countries in Africa, Asia, Central America, and South-Eastern Europe in their sustainable social, economic, rule of law and democratic development and is focused on the millennium development goals. The promotion and protection of human rights is not only a priority but an all-embracing interest of the Austrian development cooperation; particular focus is put on the support of the interests of children, women, persons with disabilities and other groups affected by discrimination. This approach is reflected in specific programmes and projects within the framework of bilateral cooperation and the support of institutions including, e.g. OHCHR, UNDP, UNODC, UNHCR, UNICEF and UNIFEM.

143. Austria has been participating in peace-keeping operations for more than 50 years; so far a total of 80,000 Austrians have been part of these missions. Human rights, including children's and women's rights, form an important part during preparations for such operations.

UN Compilation

18. In 2010, CAT recommended that Austria increase its efforts to ensure that urgent and efficient protection measures are put in place to prevent, combat and punish perpetrators of violence against women and children, including domestic violence and sexual abuse.

26. In 2005, CRC recommended that Austria continue to take measures to prevent sex tourism. It urged Austria to strengthen cooperation with the tourism industry, NGOs and civil society organizations in order to promote responsible tourism by the dissemination of the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism of the World Tourism Organization among employees within the tourism industry and awareness-raising campaigns for the general public. CRC recommended that Austria allocate sufficient resources to preventive measures against the sale and trafficking in children and that those measure be carried out in collaboration with relevant international and civil society organizations.

27. In 2008, CEDAW invited Austria to ensure that the newly drafted national action plan against human trafficking contained a comprehensive strategy to combat trafficking in women and girls and included prevention measures, to ensure the effective prosecution and punishment of offenders and victim support. It also recommended that Austria further strengthen bilateral, regional and international cooperation with countries of origin, transit and destination so as to further curb this phenomenon.

28. In 2009, the ILO Committee of Experts noted from the Government's report that, in the past few years, over 1,300 children, mostly from Eastern Europe, had been picked up by the police, youth welfare institutions and private organizations. The Committee of Experts requested Austria to provide the number of children withdrawn from the worst forms of child labour and rehabilitated, in conformity with the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.

29. In 2005, CRC was concerned at the suicide forums accessible on the Internet where young people can exchange experiences and suicidal thoughts. It recommended that Austria undertake practical measures to prevent access through the Internet to information inciting suicide.

30. CRC also recommended that Austria consider the possibility of increasing the minimum age for voluntary recruitment to 18 years.

32. In 2005, CRC was concerned about the increasing number of persons below 18 placed in detention, disproportionally affecting those of foreign origin, and that persons below 18 are not always separated from adults. CAT recommended that Austria should take the necessary measures to ensure the proper functioning of the juvenile justice system in compliance with international standards and to guarantee that minors are always heard in the presence of a legal representative.

35. In 2005, CRC was concerned at the practice of anonymous birth in Austria (also known as "baby flaps" or "baby nests") and noted the information that some data on the parent(s) were collected in an informal manner. It recommended that Austria, as a matter of urgency, introduce and implement legal provisions and regulations for the separate registration of all relevant medical and other data, in particular the name and date of birth of the parent(s) and allow the child at an appropriate time to have access to these data.

37. In 2005, CRC remained concerned that domestic legislation continues to permit children from the age of 12 to be involved in light work. It reiterated its previous recommendation that Austria amend its domestic legislation by raising this age.

41. In 2005, CRC remained concerned at the high rate of poverty, mainly affecting single-parent families, large families and families of foreign origin. It recommended that Austria continue to provide well-coordinated financial assistance to provide support to economically disadvantaged families.

42. In 2006, CESCR recommended that Austria strengthen its support for families with many children and to consider introducing a minimum guaranteed income for everyone without a sufficient source of income.

43. On drug abuse, CESCR recommended that Austria educate young people about the risks of drug, tobacco and alcohol consumption.

45. In 2007, the HR Committee recommended that Austria intensify its efforts to provide adequate opportunities for Roma children to receive instruction in or on their language and culture, wherever there is sufficient demand, and ensure adequate training and recruitment of qualified teachers for that purpose.

51. In 2007, CEDAW expressed concern that some groups of women and girls, including migrants, asylum-seekers and refugees, might be subject to multiple forms of discrimination. It called upon Austria to keep under review and carefully monitor the impact of its laws and policies on women migrants, refugees and asylum-seekers, including the clear adoption of a gender perspective in the action plan for migrants.

Stakeholder Compilation

5. AI welcomed the fact that the European Convention for the Protection of Human Rights and Fundamental Freedoms has constitutional status8. AI recommended that Austria give full and effective implementation to all human rights enshrined in treaties to which Austria is a party, including economic, social and cultural rights; the right to asylum; children's rights and the prohibition of discrimination of all persons, including non-citizens. AI recommended that Austria ensure the full and effective implementation of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child.

9. CoE CHR considered that the constitutional reform process constitutes a welcome opportunity to codify all fundamental rights in a coherent and clear manner. Austrian Child Rights Network (CRN) urged the government to review the draft law which seeks to ensure the incorporation of children's rights in the Constitution and ensure representatives of the Child Rights Coalition are involved in the review process.

10. CRN recommended that Austria withdraws all reservations to the Convention on the Rights of the Child. CoE CHR highlighted the importance of retaining the constitutional status of the European Convention on Human Rights (ECHR).

22. JS 2 stated that equality for women and equal opportunities for migrants, refugees, minorities, particularly Roma, children, persons with disabilities and LGBT are not fulfilled. JS 2 also stated that there are indications that structural racism is prevalent in administrative practice, and it is manifest in the police force.

32. JS 2 stated that in spite of a legal prohibition of corporal punishment, children are exposed to violence in various areas (e.g. family, school, private and church institutions); the prevention and appraisal of incidences of violence is flawed due to a lack of cooperation among the involved institutions. There is a lack of data, systematic identification and care for victims of child trafficking and child prostitution.

37. JS 2 noted that lesbians and gays have a right to a registered partnership, which does not include the same set of rights as a marriage. Lesbians and gays do not have the possibility to adopt children, including stepchildren; they are also barred from reproductive medical assistance. The denial of a legal relationship to their partner's child also violates child rights. JS 2 recommended that the authorities ensure rights for same-sex partnerships according to international standards.

46. JS 2 noted that social access to higher education is not ensured because the primary school system segregates based on social attributes. There are separate education institutions for persons with "special pedagogical education needs," who in principle do not have a right to education beyond the 8th grade. JS 2 added that cutbacks in resources have lowered the standards for primary and tertiary education. JS 2 further noted that the inclusion of migrants is insufficient, leading to a ghettoization in schools. JS 2 stated that possibilities for minorities and deaf people to acquire minority languages are inadequate. JS 2 recommended reform of the education system and an increase of the education budget in the primary and tertiary sector to 7 per cent Gross National Product (GNP). JS 2 further recommended the establishment and promotion of Austrian sign language as a language of instruction.

Accepted and Rejected Recommendations

The following recommendations were accepted by Austria:

A - 92.1. Accede to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT) and harmonize its domestic legislation with human rights treaties, and in particular, incorporate torture as a criminal offense in its domestic legislation; in accordance with its policy on "zero tolerance", harmonize in a non-restrictive manner the Convention on the Rights of the Child (CRC) (Ecuador)

A - 92.10. Complete at the earliest the constitutional reform to incorporate in the Federal Constitution the rights of the child in accordance with the provisions of the CRC (Republic of Moldova)

A - 92.12. Fully translate CRC into its national legislation (Slovakia);

A - 92.13. Incorporate its international human rights obligations into domestic laws, in particular the rights of the child, (Egypt)

A - 92.25. In accordance with the recommendations of the Committee on the Elimination of Racial Discrimination, carry out public awareness-raising campaigns to fight discrimination and hate speech - these kind of policies could be complemented by adopting and implementing legislative measures; promote an inclusive educational system which does not leave behind migrant children or children with special needs (Costa Rica)

A - 92.34. Expedite action to allow for the full realization and protection of all children in Austria (Ghana)

A - 92.67. Provide special protection and assistance to unaccompanied children (Brazil)

A - 92.71. Step up efforts aimed at establishing efficient protection measures to prevent, combat and punish perpetrators of violence against women and children, including domestic violence and sexual abuse (Malaysia)

A - 92.72. Strengthen its efforts to ensure that effective protection measures are promptly in place in order to prevent, combat and sanction acts of violence against women and children, notably domestic violence and sexual violence (Canada)

A - 92.75. Take effective measures to prevent sex tourism, and combat the sale and trafficking and sexual exploitation of children (Egypt)

A - 92.77. Ensure the proper functioning of the juvenile justice system in compliance with international standards and to guarantee that minors are always heard in the presence of a legal representative (Islamic Republic of Iran)

A - 92.83. Continue the implementation of measures to improve the access to health services by all children (Chile)

A - 92.84. Incorporate human rights education and training as a cross-cutting subject at all levels of the formal educational system, in particular at primary and secondary education (Costa Rica)

A - 92.85. Consider appropriate education system reforms to ensure its more inclusive social accessibility (Slovakia)

A - 92.88. Consider implementing, as appropriate, the recommendations of human rights treaty bodies and special procedures with respect to asylum seekers and irregular immigrants, especially children (Jordan)

A - 92.92. Implement the constitutional court ruling on a "right of abode" and prevent deportation of migrant children separating them from their families (Bangladesh)

The following recommendations are pending or no clear decision was taken:

P - 93.26. Take further steps to strengthen social, economic and educational support provided to school children from immigrant minorities (Turkey)

P - 93.27. Take further steps to increase awareness-raising campaigns and enhance education of the principles of non-discrimination and tolerance in school curriculums, including teaching of mother tongue for immigrant minorities (Turkey)

P - 93.46. Ensure that no children are held in detention (Brazil);

P - 93.47. Raise the age for all enrolments into armed forces to the age of at least 18 years in line with the CRC recommendation (Ghana, Slovakia)

P - 93.50. Adopt measures to guarantee Roma children the right to education in their own language and in a relevant way with their own culture (Ecuador)

Austria did not reject any recommendations

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