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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming that children who are victims of sexual violence have a right to free legal assistance in court proceedings and psychological support, the Committee is concerned that in practice, child victims of human trafficking and migrant children often have no effective access to such support. The Committee recalls its concluding observations under the Optional Protocol (CRC/C/OPSC/AUT/CO/1, para. 30, 2008) and recommends that the State party take the necessary measures to provide all children who are victims of sexual violence, including child victims of human trafficking and migrant children, with the support that they are entitled to under the law. (paragraphs 60 and 61) UN Human Rights Committee 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) UN Committee on the Elimination of Discrimination against Women 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) Universal Periodic Review (January 2011) A - 92.75. Take effective measures to prevent sex tourism, and combat the sale and trafficking and sexual exploitation of children (Egypt) (accepted) _______________________________________________________________________ Treatment of children in the asylum system UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee notes that the Aliens Law Amendment Act of 2011 prohibits the placement of children under the age of 14 in detention pending deportation, and is concerned that such age limit is too low. It is also concerned that the age determination methods applied to unaccompanied refugee and asylum seeking children in the State party may not be in conformity with the guidance set out in general comment No. 6 (CRC/C/GC/6, 2005). The Committee is further concerned that some Länder such as Carinthia and Styria do not systematically comply with the Supreme Court decision of 2005 that unaccompanied refugee children must be provided with a legal guardian. The Committee urges the State party to ensure that children under the age of 14 are not placed in detention under any circumstances, and use administrative detention of unaccompanied refugee and asylum-seeking children above 14 years only as a measure of last resort when non-custodial alternatives to detention are unavailable. The Committee further urges the State party to ensure that detention conditions are of a non-punitive character and in line with the special status of such children as minors who are not suspected or convicted of any crime. It also urges the State party to ensure that the age determination procedure applied to unaccompanied children is based on scientifically approved methods, as recommended in general comment No. 6 (CRC/C/GC/6, 2005), and that each unaccompanied child is provided with a legal guardian. (Paragraphs 54 and 55) UN Human Rights Committee 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) 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) 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) UN Committee on the Elimination of Discrimination against Women 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) Universal Periodic Review (January 2011) 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) (accepted) 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) (accepted) _______________________________________________________________________ Barriers to access to education for Romani children, particularly with regards to language UN Human Rights Committee 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) UN Independent Expert on cultural rights Despite efforts to comply with the provisions of the Ethnic Groups Act, "bilingual education" is actually rare. Only a few genuinely bilingual kindergarten and primary level schools exist, particularly in Burgenland and Carinthia, and are highly dependent on the personal efforts of individual teachers and principals to operate effectively . Indeed, minority languages are mostly taught as elective courses, with Hungarian and especially Romani facing considerable challenges. Bilingual primary schools that have been opened in other areas, such as in Graz, are welcomed. (Paragraph 8) With regard to the field of education, the independent expert is concerned that the parallel schooling system, which divides education after primary school into separate streams of vocational training and general education, has an impact on children according to their background, particularly children with a migrant background, and therefore does not encourage intercultural understanding. The independent expert welcomes the creation of new middle schools and recommends the adoption of an integrated system for compulsory public schools. (Paragraph 20) Universal Periodic Review (January 2011) 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) (pending) _______________________________________________________________________ Inadequate education provision for migrant children UN Committee on the Rights of the Child (Concluding Observations, October 2012) [The Committee] is also concerned that the parallel schooling system, which divides education after primary school into separate tracks of vocational education and general education, disadvantages migrant children. Furthermore, the Committee is concerned by the lack of a comprehensive policy and legislation on inclusive education. The Committee recommends that the State party take into account its general comment (CRC/C/GC/1, 2001) and adopt measures to ensure affordable access to adequate early childhood care and pre-school education services throughout the country. It also recommends that the State party strengthen its efforts to provide migrant children with equal opportunities in the education system, including through special support to reduce language barriers, and consider adopting an integrated system for compulsory public schools, as recommended by the independent expert in the field of cultural rights (A/HRC/17/38/Add.2, para. 20, 2011). The Committee further recommends that the State party adopt a comprehensive policy and legislation on inclusive education. (Paragraphs 52 and 53) Universal Periodic Review (January 2011) 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) (accepted) 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) (accepted) P - 93.26. Take further steps to strengthen social, economic and educational support provided to school children from immigrant minorities (Turkey) (pending) P - 93.27. Take further steps to increase awareness-raising campaigns and enhance education of the principles of non-discrimination and tolerance in school [curricula], including teaching of mother tongue for immigrant minorities (Turkey) (pending) _______________________________________________________________________ High rates of alcohol, tobacco and drug use among children UN Committee on the Rights of the Child (Concluding Observations, October 2012) While noting the State party’s preventive, curative and substitution programmes, the Committee is concerned by the high rate of alcohol, tobacco, cannabis and other illicit substance abuse, as well as depression and obesity, among children in the State party, often due to poverty, violence, dysfunctional families and inability of parents to cope with their children. It is also concerned by the lack of care and rehabilitation programmes, to address those situations and support the children affected by them. The Committee recommends that the State party increase its efforts to address the needs of children from dysfunctional families and take measures to minimise the psychological effect of such family situations, and strengthen care and rehabilitation programmes for children suffering from alcohol, tobacco, cannabis and other illicit substance addiction, depression and obesity. With reference to its general comment No. 4 (CRC/C/GC/4, 2003), the Committee recommends that the State party develop specialised and youth-friendly drug-dependence treatment and harm reduction services for children. (Paragraphs 50 and 51) UN Committee on Economic, Social and Cultural Rights 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) Police questioning of children in the absence of legal advice or a trusted person UN Committee against Torture Last reported: 5 and 6 May 2010 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) Universal Periodic Review (January 2011) 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) (accepted) _______________________________________________________________________ Violence against children, particularly domestic violence UN Committee on the Rights of the Child (Concluding Observations, October 2012) While taking note of the special training that the State party provides to law enforcement officers on violence against children, as well as of the nationwide child helpline “Rat auf Draht”, the Committee is concerned that measures to encourage child victims to report instances of violence, abuse and neglect, in particular in alternative care institutions, care institutions for children with disabilities and holding centers for migrants, remain insufficient. The Committee calls on the State party to strengthen its measures to encourage child victims to report instances of violence, abuse and neglect, in particular in alternative care institutions, care institutions for children with disabilities and holding centers for migrants, and to prosecute and punish the perpetrators of such acts. (Paragraphs 35 and 36) UN Committee on the Elimination of Discrimination against Women 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) UN Committee against Torture 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) Universal Periodic Review (January 2011) 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) (accepted) 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) (accepted) _______________________________________________________________________ Inadequate legislation and measures to combat sexual abuse of, and violence against, children UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee remains concerned that the State party’s legislation does not criminalise all the acts constituting offences against children in full compliance with the definition of offences contained in articles 2 and 3 of the Optional Protocol on the sale of children, child prostitution and child pornography. In particular, it notes with concern that the possession of certain forms of child pornography is not criminalised, for example pornographic cartoon representation of children or child pornography involving children between 14 and 18 when they give their consent to the production of such pornography for strictly private use (CRC/C/OPSC/AUT/CO/1, para. 20, 2008). The Committee reiterates its recommendation (CRC/C/OPSC/AUT/CO/1, para. 21, 2008) that the State party take further measures to bring its Criminal Code into full compliance with articles 2 and 3 of the Optional Protocol and to that end: (a) Amend the definition of child pornography to include cartoon representation of children; and (b) Criminalise the possession of child pornography, including virtual pornography, involving children between 14 and 18 without requiring the intent of dissemination and regardless of the minor’s consent. The Committee is also concerned that child victims of prostitution are sometimes treated as offenders rather than victims in the State party and are imposed administrative fines (CRC/C/OPSC/AUT/CO/1, para. 31, 2008). The Committee recommends that all child victims of prostitution are strictly treated as victims and that no sanctions involving deprivation of liberty or fines are imposed on them. (Paragraphs 62 to 65) Universal Periodic Review (January 2011) 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) (accepted) 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) (accepted) A - 92.75. Take effective measures to prevent sex tourism, and combat the sale and trafficking and sexual exploitation of children (Egypt) (accepted) _______________________________________________________________________ Societal discrimination against children from minority backgrounds UN Committee on the Rights of the Child (Concluding Observations, October 2012) While noting the specialised training, education and awareness-raising programmes, including inter-cultural and civic education at school, conducted by the State party to prevent discriminatory attitudes, as well as the State party’s legislation criminalising incitement to racial hatred, the Committee remains concerned about instances of hate speech by politicians and manifestations of Neo-Nazism, racism, xenophobia and related intolerance towards migrant communities, refugees, asylum seekers and persons of certain ethnic backgrounds, and their impact on children belonging to these groups. The Committee urges the State party to take immediate measures to combat direct and indirect manifestations of Neo-Nazism, racism, xenophobia and related intolerance affecting children and to effectively investigate, prosecute and punish such acts. It also recommends that the State party strengthen its efforts to foster a culture of tolerance and mutual respect. Furthermore, it recommends that the State party include information in its next periodic report on measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party in follow- up to the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the outcome document adopted at the 2009 Durban Review Conference. (Paragraphs 24 and 25) Universal Periodic Review (January 2011) 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) (accepted) P - 93.27. Take further steps to increase awareness-raising campaigns and enhance education of the principles of non-discrimination and tolerance in school [curricula], including teaching of mother tongue for immigrant minorities (Turkey) (accepted) _______________________________________________________________________ Inappropriate use of detention for children UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee notes that the Aliens Law Amendment Act of 2011 prohibits the placement of children under the age of 14 in detention pending deportation, and is concerned that such age limit is too low. It is also concerned that the age determination methods applied to unaccompanied refugee and asylum seeking children in the State party may not be in conformity with the guidance set out in general comment No. 6 (CRC/C/GC/6, 2005). The Committee is further concerned that some Länder such as Carinthia and Styria do not systematically comply with the Supreme Court decision of 2005 that unaccompanied refugee children must be provided with a legal guardian. The Committee urges the State party to ensure that children under the age of 14 are not placed in detention under any circumstances, and use administrative detention of unaccompanied refugee and asylum-seeking children above 14 years only as a measure of last resort when non-custodial alternatives to detention are unavailable. The Committee further urges the State party to ensure that detention conditions are of a non-punitive character and in line with the special status of such children as minors who are not suspected or convicted of any crime. It also urges the State party to ensure that the age determination procedure applied to unaccompanied children is based on scientifically approved methods, as recommended in general comment No. 6 (CRC/C/GC/6, 2005), and that each unaccompanied child is provided with a legal guardian. (Paragraphs 54 and 55) Universal Periodic Review (January 2011) P - 93.46. Ensure that no children are held in detention (Brazil); (pending) _______________________________________________________________________ Enrolment of children in the military UN Committee on the Rights of the Child (Concluding Observations, October 2012) While noting the State party’s indication during the dialogue that under 18-year old recruits may not participate in any hostilities and in UN peacekeeping operations, the Committee remains concerned that Section 9, paragraph 2, of the National Defence Act sets the minimum age of voluntary recruitment at 17 years. The Committee also notes with concern that students from age 14 are trained on the use of small arms at the Vienna military academy (“Militärrealgymnasium”), albeit on an extracurricular basis. The Committee reiterates its recommendation (CRC/C/OPAC/AUT/CO/1, para. 6, 2005) that the State party consider the possibility of increasing the minimum age for voluntary recruitment to 18 years. It also recommends that the State party ensure that the education of child cadets at military academies is free from any form of arms training and military drill and consistent with the aims of education, as recognised in article 29 of the Convention and in general comment No. 1 (CRC/C/GC/1, 2001). (Paragraphs 56 and 57) Universal Periodic Review (January 2011) 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) (pending) _______________________________________________________________________ Lack of human rights education in schools UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee notes the State party’s efforts to disseminate the Convention via the internet and to translate it into the languages of the national minorities and the major migrant communities in the State party. However, it regrets that children’s rights are not included in the curricula of primary and secondary education. The Committee recommends that the State party increase its efforts to raise awareness among the general public, particularly children, about the rights provided for in the Convention, by including children’s rights in the curricula of primary and secondary education. (Paragraphs 20 and 21) Universal Periodic Review (January 2011) 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) (accepted) _______________________________________________________________________
Last reported: 19 October 2007
Concluding Observations adopted: 30 October 2007
Last reported: 23 January 2007
Last reported: 19 October 2007
Concluding Observations adopted: 30 October 2007
Last reported: 23 January 2007
Last reported: 19 October 2007
Concluding Observations adopted: 30 October 2007
Preliminary note on the mission to Austria
Country visit: 4 to 15 April 2011
Report published: 16 May 2011
Last reported: 9 and 10 November 2005
Concluding Observations adopted: 25 November 2005
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Last reported: 23 January 2007
Last reported: 5 and 6 May 2010