AUSTRIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the Concluding Observations of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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UN Human Rights Committee

CCPR/C/AUT/CO/5

Last reported: 20 and 21 October 2015
Concluding Observations issued: 3 November 2015

Issues raised:

Trafficking in human beings: While welcoming legislative and other measures adopted to combat trafficking in human beings, the Committee remains concerned at the insufficient identification of victims trafficked for labour exploitation and the absence of a comprehensive nationwide identification and referral system or comprehensive and coherent data collection system for victims of trafficking (arts. 8 and 24). (para 25)

The State party should continue its efforts to combat trafficking in human beings, including through international cooperation efforts. It should consider the establishment of a comprehensive nationwide identification and referral system and increase steps taken for the identification and effective protection of victims of trafficking for the purposes of labour exploitation. The State party should, as soon as possible, implement the National Referral Mechanism for child trafficking victims nationwide and ensure that the handbook for identification of child trafficking victims is completed and conveyed to the local and Länder authorities. Finally, it should develop a comprehensive and coherent data collection system on trafficking in human beings to appropriately identify, monitor and evaluate the State’s policies. (para 26)

Asylum seekers and refugees: While welcoming the Act Amending the Aliens Act 2015, which is aimed at harmonizing the reception and support of asylum seekers throughout the country, the Committee remains concerned about shortcomings in legal counselling and representation throughout the asylum procedure and that legal counsellors are not necessarily trained lawyers. The Committee is also concerned that legal counsellors representing unaccompanied minors, who are not yet assigned to a provincial reception facility, do not need to have any training or skills in counselling children or determining their best interests. The Committee is further concerned that under article 7 of the new Constitutional Law on the Rights of Children, consideration of the best interest of the child may be restricted in some circumstances, including in asylum related matters (arts. 13, 24). (para 27)

The State party should ensure that legal aid and representation of adequate quality are systematically made accessible throughout the entire asylum procedure. It should also ensure that unaccompanied minors are systematically and without undue delay appointed a guardian trained in child counselling, from the outset and throughout their entire stay in the State party. Finally, the best interest of the child should be given primary consideration by all relevant State authorities throughout the asylum procedure. (para 28)

Detention of asylum seekers and refugees: While welcoming the decrease in the number of detentions pending deportation and the application of an “open door” regime of detention, the Committee is concerned that under the revised Aliens Police Act (2015), children above the age of 14 can be detained for up to two months (arts. 9 and 24). (para 29)

The State party should pursue its efforts to ensure that detention pending deportation is applied only after due consideration of less invasive means, with special regard being given to the needs of particularly vulnerable persons, and that individuals detained for immigration-related reasons are held in facilities specifically designed for this purpose. The State party should review its detention policy with regard to children above 14 years to ensure that children are not deprived of their liberty, except as a measure of last resort and for the shortest appropriate period of time. (para 30)

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CCPR/C/AUT/CO/4

Last Reported: 19 October 2007
Concluding Observations Adopted: 30 October 2007

Concerns Raised:

  • Trafficking: The Committee is concerned about the absence of disaggregated statistical data on the number of women and children trafficked for sexual exploitation and for forced labour, and on the number of victims of trafficking in human beings who have been granted residence permits on humanitarian grounds. (art. 8)

    The Committee urges the State party to:

    (a) Devise a system for the collection of such data and include such information, as well as information on the progress achieved under the National Action Plan against Trafficking in Human Beings adopted in 2006, in its fifth periodic report. (Paragraph 14)


     
  • Asylum procedure: The Committee notes with concern reports that asylum-seeking women are not automatically interviewed by female asylum officers and assisted by female interpreters and that children are treated in the same way as adults in the asylum procedure. (arts. 3, 13 and 24 (1))

    The Committee urges the State party to:

    (a) Adopt a gender- and age-sensitive approach to refugee status determination by automatically assigning female interviewers and interpreters to asylum-seeking women and by issuing guidelines for first instance asylum officers on the treatment of separated children.

    (b) Issue guidelines on gender-related persecution as a ground for claiming asylum. (Paragraph 18)


     
  • Family reunification: The Committee is concerned that the Federal Asylum Act (2005) foresees family reunification only for nuclear family members, i.e. spouses, minor children and parents of minor children, of recognised refugees and beneficiaries of subsidiary protection, and that the exclusion of dependent adult children, minor orphan siblings and other persons with whom persons granted international protection enjoyed family life in their country of origin can result in hardship situations. (arts. 13, 17 and 23 (1))

    The Committee urges the State party to:

    (a) Consider amending the Federal Asylum Act, with a view to applying a more liberal approach towards family reunification in cases of refugees and beneficiaries of subsidiary protection. (Paragraph 19)


     
  • Education: The Committee notes with concern that Romani is taught as an extra-curricular subject only in Vienna and that specific instruction about Romani culture is not available at schools in the State party. (arts. 26 and 27)

    The Committee urges the State party to:

    (a) 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. (Paragraph 21)­­­­­­­­

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UN Committee on Economic, Social and Cultural Rights

E/C.12/AUT/CO/4

Last reported: 20 November 2013                                                                   Concluding Observations issued: 13 December 2013

Issues raised and recommendations given:

Childcare: While the Committee welcomes the introduction of paternity leave of one month’s duration in January 2011 as part of the State party’s efforts to combat gender stereotypes and promote gender equality, the Committee is concerned that paternity leave is currently limited to civil servants. Moreover, despite the efforts made by the State party to increase the number of childcare facilities, the Committee is concerned that such facilities remain insufficient and with inadequate opening hours to enable parents, in particular women, to fully exercise their right to work. The Committee encourages the State party to continue its efforts to enable working parents to reconcile their professional and family responsibilities, in particular by extending paternity leave to the private sector, promoting incentives for fathers to take parental leave, and ensuring the availability of high quality, affordable childcare facilities for young children from birth to compulsory school age. (arts. 3, 6 and 7)

Employment: The Committee is concerned that the youth unemployment rate remains 60 percent higher than the unemployment rate of adults, despite the introduction of apprenticeship and vocational training opportunities. It is also concerned about the high number of individuals who face long-term unemployment, and that the conditions under which unemployment benefits can be suspended may not respect the right of everyone to gain his or her living by work which he or she freely chooses or accepts. The Committee recommends that the State party adopt long-term policies and strategies with an effective monitoring and evaluation mechanism to address the root causes of youth unemployment, paying particular attention to disadvantaged and marginalized groups, while continuing its efforts to increase the quality, diversity and number of apprenticeship and vocational training opportunities. It also urges the State party to ensure that the suspension of unemployment benefits does not violate the right of everyone to gain his or her living by work which he or she freely chooses or accepts, as set out in article 6 of the Covenant, and that there is a regular and open dialogue between the Public Employment Service and unemployed persons to take individual needs and concerns into account. (arts. 6, 7 and 9)

Migrant children: The Committee expresses concern at the high dropout rates of migrant children (29.8 per cent), children of migrant background (15.6 per cent), particularly among girls, and Roma children. It also remains concerned at the overrepresentation of Roma and non-citizen children in special schools and their underrepresentation at the higher levels of education, which significantly affects their prospects for future employment. The Committee recommends that the State party intensify its efforts to prevent children from dropping out of schools and to ensure that training and opportunities to go back to schools are provided across all the Länder. It also encourages the State party to develop specific strategies to promote access to and enrolment in schools and universities for Roma, based on a comprehensive assessment of any obstacles faced in this regard. (arts. 6, 13 and 14)

Education: While noting the policy measures taken by the State party to promote the presence of girls and women in vocational fields that have traditionally been dominated by men, the Committee is concerned at the low level of participation of women in higher education courses in science, technology, engineering and mathematics, as well as in associated professions. The Committee recommends that the State party intensify its efforts , including through temporary special measures, to increase the participation of women in higher educational courses in science, technology, engineering and mathematics, as well as its related professions. In this regard, the Committee also encourages the State party to actively seek, promote and exchange good practices at the international level, including at forums convened by the United Nations Educational, Scientific and Cultural Organization (UNESCO). (arts. 3, 6, 13 and 15)

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E/C.12/AUT/CO/3

Last Reported: 9 and 10 November 2005
Concluding Observations Adopted: 25 November 2005

Concerns Raised

  • Poverty: The Committee is deeply concerned that 13 per cent of the population and 18 per cent of the families with many children are exposed to poverty and that, if the State party were not to pay social benefits, the extent of poverty among the population would be even more alarming.

    The Committee recommends that the State party:

    (a) Strengthen its support for families with many children

    (b) Consider introducing a minimum guaranteed income for everyone without a sufficient source of income. (Paragraphs 14 and 27)


     
  • Drug use: The Committee deplores the high rates of tobacco and alcohol consumption, as well as the abuse of illicit drugs such as cannabis, especially among minors.

    The Committee recommends that the State party:

    (a) Educate young people about the risks of drug abuse and of tobacco and alcohol consumption

    (b) Intensify its campaigns against abuse and excessive consumption, as well as its information campaigns for children, parents, teachers and the general public

    (c) Ensure that adequate counseling services are available to all persons affected by drug, tobacco or alcohol addiction. (Paragraphs 16 and 30)


     
  • Education: The Committee is concerned about the introduction of university tuition fees in 2001 and the related decrease in the number of first-year university students.

    The Committee urges the State party to:

    (a) Ensure by all appropriate means, in particular through a comprehensive system of adequate study grants, that applicants from low-income families have the same access to higher education as applicants from higher-income families. (Paragraphs 17 and 31)

    The Committee is also concerned with the low representation of women in university teaching posts.

    The Committee recommends that the State party:

    (a) Take initiatives in providing more opportunities for women, with a view to encouraging them to undertake academic careers. (Paragraphs 18 and 32)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/AUT/CO/18-20 

Last reported: 22 / 23 August 2012
Concluding Observations issued: 23 October 2012

Issues raised:

Education: While noting the State party’s efforts to improve accessibility and the quality of education, the Committee is concerned at the high dropout rates in schools among Roma students and children with a migration background. The Committee is also concerned at the over-representation of Roma and ethnic children in special needs schools. The Committee also notes the absence of measures for the education of Roma children living outside the Burgenland area (art. 5). Para 17

The Committee recommends that the State party strengthen its special measures to increase the level of educational attainment of children of migrants, in particular by preventing their marginalization and reducing dropout rates. The Committee requests the State party provide it with information in its next periodic report on specific measures taken to implement Circular No. 19/2008 issued by the Federal Minister of Education on 5 August 2008 requiring that the lack of proficiency in the language of instruction should not be the criterion for assigning students to special needs schools. The Committee also requests information about the education of Roma children living outside the Burgenland area.

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CERD/C/AUT/CO/17

Last Reported: 7 and 8 August 2008
Concluding Observations Adopted: 14 August 2008

There was no mention of children's rights in this report.

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/AUT/CO/7-8

Last reported: 13 February 2013                                                                       Concluding Observations issued: 22 March 2013

Issues raised and recommendations given:

Stereotypes: The Committee is concerned at the persistence of traditional attitudes and stereotypes, including the responsibility for child care, which affect the educational paths followed by women in the sciences and technical crafts, that result, in particular, in their low-level participation in apprenticeships, and ultimately reduce their chances in the labour market. Furthermore, the Committee is concerned at the prevalence of stereotypical imaging of thin fashion models which may contribute to the increasing problem of eating disorders, and girls and women resorting to aesthetic surgery in order to conform to an idealized model presented by the media. (Para. 22) 

The Committee recommend s that the State party: (a) Continue its efforts to eliminate stereotypical images and attitudes regarding the roles of women and men in the family and in society, in accordance with articles 2(f) and 5(a) of the Convention, in particular by enhancing sharing of family responsibilities; (b) Improve the gender awareness of teaching personnel at all levels of ways in which gender stereotypes are reproduced through various aspects of schooling; (c) Take coordinated measures to encourage further diversification of educational and vocational choices of boys and girls and girls’ increased participation in apprenticeships, crafts, science and technology; (d) Develop counselling for girls and women suffering from eating disorders or wishing to resort to aesthetic surgery operations; and (e) Engage with the media with the aim of eliminating stereotypical imaging of women, especially when it affects women’s health. (Para. 23)

Violence: The Committee commends the State party for its leading role in combating violence against women including in the drafting of the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). It welcomes the enactment of the Second Act on Protection against Violence of 2009, and notes the ongoing discussions to ratify the Istanbul Convention and to criminalize the breach of protection orders. However, it is concerned at the lack of a national action plan on violence against women, the residents’ permit situation of migrant women living with abusive partners, the insufficiency or absence of data on the number of women murdered by their partner or ex-partner, insufficient training of the judiciary and the limited number of shelters for victims (30 throughout the territory). Furthermore, the Committee is concerned that funding contracts for shelters restrict the accommodation of asylum-seeking or undocumented women. (Para. 24)

Recalling its general recommendation No. 19 (1992) on violence against women, the Committee, urges the State party to: (a) Adopt a comprehensive national action plan on violence against women as soon as possible; (b) Ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence and introduce criminal sanctions for non-compliance with restraining orders; (c) Review regularly the situation of migrant women living with abusive partners and the conditions for the granting of regular residence permits; (d) Continue training the members of the judiciary and systematically include therein training on the protection of women/girls victims of gender-based violence; (e) Continue public awareness-raising campaigns on all forms of violence against women, including against women from ethnic minorities and women with disabilities, and pursue dialogue with migrant women’s organizations, including those of Muslim women; (f) Increase the number and funding of shelters and guarantee national coverage, including for asylum-seeking or undocumented women affected by violence; and (g) Enhance the system of data collection to ensure that data is disaggregated by type of violence and by the relationship of the perpetrator to the victim. (Para. 25)

Trafficking: The Committee is concerned at the continuing prevalence of trafficking in women and girls for exploitation mainly for prostitution, and that the mandatory weekly health tests for sex workers may not respect their human rights to privacy and bodily integrity. The Committee calls upon the State party to review the mandatory character of the health tests for sex workers so that they comply with the International Guidelines on HIV/AIDS and Human Rights of 2006. (Paras. 28-29)

Education: While commending the State party for the links made between education and labour market measures, and the importance given to vocational training, the Committee notes with concern that stereotypical choices and segregation remain a big challenge, in particular, in the sciences. It is also concerned that the school dropout rate is higher for girls than boys with migrant backgrounds, and the lack of data establishing the root causes of this phenomenon. It is further concerned about the potentially negative effect of the new collective agreements in the universities on women’s career opportunities. (Para. 32)

The Committee recommends the State party to: (a) Implement result- oriented budget management in the education sector to facilitate gender equality outcomes; (b) Use “ reflective coeducation ” to overcome stereotypical choices in primary and secondary schools, including through training intervention programmes for teachers; (c) Give priority to vocational orientation and counselling for girls; (d) Reinforce its efforts to overcome gender segregation in the choice of disciplines and areas of study; (e) Ensure that the development of collective agreements in universities do not create new risks of discrimination against women; and (f) Conduct a study on the root causes of the high school dropout rate for migrant girls and ensure that its results inform policy interventions in this area so that access to education, and retention in educational institutions of migrant girls is fully guaranteed. (Para. 33)

Segregation in the labour market: The Committee commends the various measures taken to support the participation of women in the labour market and facilitate the reconciliation of family and work life such as the recent introduction of unpaid leave “Daddy’s month”, the adoption of a National Action Plan on Gender Equality in the Labour Market in June 2010 and the amendment to the Equal Treatment Act of 2011, which introduces transparency in salaries, following the requirement that the Austrian Federal Civil Service and companies should produce staff income reports every two years. However, it is concerned that this obligation will only apply to companies with more than 150 employees, whereas most firms are smaller. The Committee also remains concerned at the persistence of segregation in the labour market, with women concentrated in the lower-paid service sectors and part-time work, and with the persistent and wide gender pay gap. (Para. 34) 

The State party should: (a) Intensify its efforts to ensure equal opportunities for women in the labour market, including through the use of temporary special measures with targets with a specific time frame; (b) Continue to take proactive and concrete measures to eliminate occupational segregation and to narrow the gender pay gap; (c) Create more opportunities for women to access full-time employment and continue its efforts to allow women and men to reconcile family and professional responsibilities; and (d) Ensure transparency in salaries in enterprises with less than 150 employees. (Para. 35)

While noting the efforts to improve the pension scheme for those who take care of children, the Committee is concerned that pension entitlements for women continue to be lower than for men because pension-scheme contributions are affected by women’s childcare career breaks and part-time employment, which phenomenon pushes them into poverty after retirement. The Committee recommends that the State party: (a) Continue to evaluate its pension system with a view to identifying its impact on women and men and rectify any disparities to ensure an equal impact on women and men resulting from their roles in the provision of childcare; and (b) Intensify its efforts to facilitate the re-entry of mothers into the labour market after childbirth, create more opportunities for women to gain access to full-time employment and encourage men, including through awareness-raising, to share responsibility for child care. (Paras. 36-37)

Health: The Committee is concerned that abortions, albeit legal, are not reimbursed under the medical insurance scheme and that data fail to show the impact of this policy on economically disadvantaged women and girls. It is also concerned at the lack of information on the impact of the financial crisis and austerity measures on the provision of healthcare for women, and the risk that privatization may downgrade the quality of health services accessible to women. The Committee recommends that the State party provide financial support to economically disadvantaged women and girls needing an abortion who cannot afford it. It should also conduct a study on the impact of the economic crisis, and austerity measures, and potential privatizations, on women’s health and take counter-measures, if required. (Paras. 38-39)

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CEDAW/C/AUT/CO/6

Last Reported: 23 January 2007

Concerns Raised

  • Childcare: While recognising the steady increase in childcare facilities and of new legal and policy measures to encourage the sharing of family responsibilities, the Committee remains concerned about challenges women continue to face in reconciling family and professional life and responsibilities.

    The Committee urges the State party to:

    (a) Implement and adopt the reconciliation of family and professional responsibilities, including the provision of additional childcare facilities for children of different age groups,

    (b) Promote the greater involvement of men in domestic and family tasks with the aim of balanced participation of women and men in both the private and public spheres. (Paragraphs 21 and 22)


     
  • Trafficking: While welcoming relevant legal reforms, such as those pertaining to victims' rights in criminal proceedings, the creation of an inter-ministerial task force on human trafficking and the preparation of a national action plan against human trafficking, which is expected to be adopted shortly, the Committee remains concerned about the persistence of trafficking of women and girls in Austria.

    The Committee invites the State party to:

    (a) Ensure that the newly drafted national action plan against human trafficking contains a comprehensive strategy to combat trafficking in women and girls and includes prevention measures, measures to ensure the effective prosecution and punishment of offenders and victim support and recovery measures, including legal and psychosocial support, as well as the creation of livelihood options when necessary.

    (b) Enhance training and capacity- building efforts for law enforcement and border patrol officials so as to increase their ability to recognise potential victims of trafficking and provide assistance.

    (c) Further strengthen bilateral, regional, and international cooperation with countries of origin, transit, and destination so as to further curb this phenomenon.

    (d) Provide, in its next periodic report, comprehensive information and data on trafficking in women and girls and on the impact of measures taken and results achieved through the implementation of the newly drafted national action plan against human trafficking. (Paragraphs 25 and 26)


     
  • Immigration law: While welcoming the positive changes in immigration law, including the amendment to the Aliens' Act of 2002 and the amendment to the Asylum Act of 2004, as well as the establishment of a service unit for migrant women at the federal level, and the intention expressed to adopt an action plan for migrants, the Committee expresses concern that some groups of women and girls, including migrants, asylum-seekers and refugees, may be subject to multiple forms of discrimination with respect to education, health, employment and social and political participation. It is also concerned that some women belonging to those groups may be particularly vulnerable to poverty and violence, including domestic violence, and encounter difficulties in obtaining residency permits, accessing social services and obtaining employment in jobs that are commensurate with their level of education, experience and qualifications.

    The Committee calls upon the State party to:

    (a) Keep under review and carefully monitor the impact of its laws and policies on women migrants, refugees and asylum-seekers with a view to taking remedial measures that effectively respond to the needs of those women, including the clear adoption of a gender perspective in the action plan for migrants.

    (b) Pay specific attention to the vulnerability of women asylum-seekers while their claims are under examination.

    (c) Adopt measures for the integration of women of all minority groups in vulnerable circumstances into society and the labour market in order to advance de facto equality for all women. (Paragraphs 29 and 30)­­­­­­­­

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UN Committee against Torture

CAT/C/AUT/6

Last reported: 12 and 13 November 2015
Concluding Observations issued: 1 December 2015

Issues raised:               

Asylum seekers, non-refoulement: The Committee values the extraordinary efforts made by the State party to respond to the exceptional high flow of undocumented migrants and asylum-seekers, including unaccompanied minors, arriving in its territory. It is, however, concerned at reports of poor living conditions in some transit reception facilities for asylum-seekers, and in particular the conditions prevailing during the summer of 2015 at the Traiskirchen asylum-seekers’ centre, such as overcrowding, with hundreds of people sleeping outdoors, and limited access to medical care and adequate sanitary facilities. The Committee appreciates the acknowledgment by the delegation that the shortage of staff at the branch offices of the Federal Office for Immigration and Asylum results in the inability to process speedily the increasing number of asylum applications, and of the need to provide all new asylum officers with proper training. Finally, the Committee regrets that the State party has provided no complete information on the procedures in place for the timely identification of victims of torture among asylum-seekers (arts. 3 and 16). (para 20)               

The State party should: (a) Take the necessary measures to ensure appropriate reception conditions in transit reception facilities for asylum-seekers and refugees, as well as the use of foster care for unaccompanied children [...]. (para 21)

Conditions of detention: [...] The Committee is concerned that solitary confinement may be imposed for up to four weeks in the case of adult detainees and up to two weeks for juveniles (arts. 11 and 16). (para 26)           

The State party should: [...] (c) Bring its legislation and practice on solitary confinement into line with international standards, in particular abolish its application to juveniles. (para 27)            

Juvenile justice: The Committee is concerned about reports indicating shortcomings in the State party’s juvenile justice system, which are reflected in the recommendations made by the interdisciplinary task force on the pre-trial detention of juveniles established by the Ministry of Justice in response to an incident of sexual abuse of a 15-year-old juvenile in pre-trial detention in 2013. While appreciating the detailed information provided by the delegation on the new methodological approaches being applied in social work with juvenile offenders and the content of the juvenile justice reform which is to be introduced in 2016, the Committee remains concerned by reports that alternatives measures to pre-trial detention of juveniles are not sufficiently applied in practice (art. 11). (para 34)

The State party should ensure full implementation of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) (General Assembly resolution 40/33, annex) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) (General Assembly resolution 45/112, annex). (para 35)               

Intersex persons: The Committee appreciates the assurances provided by the delegation that surgical interventions on intersex children are carried out only when necessary, following medical and psychological opinions. It remains concerned however about reports on cases of unnecessary surgery and other medical treatment with life-long consequences to which intersex children would have been subjected without their informed consent. The Committee is further concerned at the lack of legal provisions providing redress and rehabilitation in such cases (arts. 14 and 16). (para 44)    

The State party should: (a) Take the necessary legislative, administrative and other measures to guarantee the respect for the physical integrity and autonomy of intersex persons and to ensure that no one is subjected during infancy or childhood to non-urgent medical or surgical procedures intended to decide the sex of the child; (b) Guarantee impartial counselling services for all intersex children and their parents, so as to inform them of the consequences of unnecessary and non-urgent surgery and other medical treatment to decide on the sex of the child and the possibility of postponing any decision on such treatment or surgery until the persons concerned can decide by themselves; (c) Guarantee that full, free and informed consent is ensured in connection with medical and surgical treatments for intersex persons and that non-urgent, irreversible medical interventions are postponed until a child is sufficiently mature to participate in decision-making and give effective consent; (d) Undertake investigation of instances of surgical interventions or other medical procedures performed on intersex people without effective consent, and ensure that the persons concerned are adequately compensated. (para 45)

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CAT/C/AUT/CO/4-5

Last Reported: 5 and 6 May 2010

Concerns Raised

  • Juvenile offenders: The Committee notes that, under section 164, paragraph 2, of the amended Code of Criminal Procedure, juvenile offenders cannot be interrogated in the absence of counsel. Nevertheless, the Committee received information alleging that juvenile offenders, some as young as 14, had been subjected to police questioning, sometimes for prolonged periods, and requested to sign statements without the benefit of the presence of either a trusted person or a lawyer (arts. 2 and 11).

    The Committee urges the State party to:

    (a) 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. (Paragraph 10)


     
  • Trafficking: While it notes the new programmes that the State party has adopted to combat human trafficking and sexual exploitation of women and children, the Committee expresses its concern at persistent reports of trafficking of women and children for sexual and other exploitative purposes and the lack of information on prosecutions and sentences in matters of trafficking (art. 16).

    The Committee urges the State party to:

    (a) Increase its efforts to combat trafficking in women and children and take effective measures to prosecute and punish trafficking in persons and further strengthen international cooperation with countries of origin, transit and destination so as to further curb this phenomenon. (Paragraph 23)


     
  • Domestic violence: The Committee is concerned about highly publicised cases of domestic violence, including children occurred in the State party during the period under review (art. 16)

    The Committee urges the State party to:

    (a) 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, and conduct widespread awareness-raising campaigns and training on violence against women and girls for officials (judges, lawyers, law enforcement agents and social workers) who are in direct contact with the victims, as well as for the public at large. (Paragraph 24)­­­­­­­­

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/AUT/CO/7-8

Last reported: 2 and 3 September 2013                                                       Concluding Observations issued: 30 September 2013

Issues raised and recommendations given:

Abortion: While the Committee recognizes women’s right to reproductive autonomy, the Committee notes that under Austrian law a foetus may be aborted up to the onset of birth, if serious damage to the health of the foetus can be expected. The Committee is concerned at the apparent link between this provision and the fact that, according to statistics from the Organisation for Economic Co-operation and Development, birth rates of children with Down syndrome in Austria fell by 60 per cent between 1995 and 2006. The Committee notes that discussions on this matter are under way. The Committee recommends that the State party abolish any distinction, allowed by law, in the period within which a pregnancy can be terminated based solely on disability. (art. 5)

Women with disabilities: While much has been achieved, the Committee notes that substantive equality between women and men has not yet been achieved in the State party. Women with disabilities face multiple forms of discrimination because of their gender and disability, and may also be at risk of sexual violence and abuse. The Committee is concerned about a lack of advocacy and support structures for women with disabilities. The Committee notes with concern that there is only one organization representing women and it does not cover all women with disabilities in the State party. The Committee recommends that the State party adopt effective and specific measures to ensure equality and to prevent multiple forms of discrimination against women and girls with disabilities. The Committee encourages the State party to mainstream a gender perspective in its disability legislation and policy, and to facilitate advocacy by and on behalf of women and girls with disabilities. The Committee also encourages the State party, including the Länder, to offer services which are targeted and accessible to women with disabilities. (art. 6)

Children with disabilities: In its 2012 concluding observations on Austria (CRC/C/AUT/CO/3-4), the Committee on the Rights of the Child expressed concern about a number of ways in which the rights of children with disabilities were at risk of being abrogated. The Committee endorses the recommendations of the Committee on the Rights of the Child and requests the State party to implement those recommendations as speedily as possible. (art. 7)

Health: The Committee notes with concern the continued use of net beds and other forms of non-consensual practices in the State party’s psychiatric hospitals and institutions where people with intellectual, mental and psychosocial disabilities are confined. The Committee recommends that the State party abolish the use of net beds, restraints and other non-consensual practices with regard to persons with intellectual, mental and psychosocial disabilities in psychiatric hospitals and institutions. It further recommends that the State party continue to provide training to medical professionals and personnel in care and other similar institutions on the prevention of torture, cruel, inhuman or degrading treatment or punishment, as provided for under the Convention. (art. 15)

Sexual exploitation: The Committee commends the Austrian Ombudsman Board for the work done to investigate allegations of mistreatment in institutional settings. However, the Committee remains concerned at reports of exploitation, violence and abuse of persons with disabilities. The Committee recommends that the State party take further measures to ensure protection of women, men, girls and boys with disabilities from exploitation, violence and abuse. (art. 16)

Education: The Committee is concerned that progress towards inclusive education in Austria is stagnant. The Committee notes with concern reports suggesting that the number of children in special schools is increasing and that insufficient efforts are being made to support inclusive education of children with disabilities. It further notes that there is some confusion between “inclusive” education and “integrated” education. However, the Committee commends the establishment of inclusive education models in several Länder. The Committee is disappointed that there are very few university graduates with disabilities in Austria. It recommends Austria for offering sign language interpretation to students at the tertiary level, however, it noted, as mentioned by the State party during the constructive dialogue, that there have only been 13 students with hearing impairment, of whom only three have graduated from university.

It appears that there is a lack of teacher training for teachers with disabilities and teachers who use sign language. Without sufficient teachers with sign language skills, deaf children are at a significant disadvantage. The Committee recommends that greater efforts be made to support students with disabilities in all areas of inclusive education from kindergarten to secondary school. It particularly recommends that the State party ensure that persons with disabilities, including children with disabilities and their representative organizations, are involved in the day-to-day implementation of the inclusive education models introduced in various Länder. The Committee further recommends that greater efforts be made to enable persons with disabilities to study at universities and other tertiary institutions. The Committee also recommends that the State party step up its efforts to provide quality teacher training to teachers with disabilities and teachers with sign language skills, so as to enhance the education of deaf and hearing-impaired girls and boys, in accordance with the formal recognition of Austrian sign language in the Constitution of Austria. (art. 24)

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UN Committee on Enforced Disappearance

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Countries

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