Committee on the Elimination of Racial Discrimination

Combined twenty-first to twenty-third periodic reports submitted by Austria under article 9 of the Convention, due in 2015 * , **

[Date received: 25 February 2025]

General

1.The present report, which has been prepared in accordance with the reporting guidelines issued in 2008 by the Committee on the Elimination of Racial Discrimination (hereinafter: the Committee), describes the legal and factual changes that have occurred since the submission of the previous report (eighteenth, nineteenth and twentieth reports). In some cases several questions referring to one and the same article and the respective recommendations made by the Committee in 2012 are being dealt with jointly under the same item. The other recommendations by the Committee are dealt with in the annex.

2.The Austrian Core document forming part of the reports of the State Parties (hereinafter: Core Document) of 2016 is accessible via the barrier-free website of the Federal Chancellery (hereinafter: BKA). Matters of relevance are, above all:

•Paras. 9–18 on population with foreign nationality and ethnic minorities;

•Para. 21 on religious affiliations of the Austrian population;

•Paras. 53–60 on crime statistics and the judiciary;

•Paras. 102–116 on the main human rights agreements in force for Austria and the reservations/declarations submitted thereto;

•Paras. 117–176 on legal protection of human rights at the national level in all material respects;

•Paras. 178–203 on the legal situation, legal protection and measures regarding non-discrimination and equality.

3.The statistical part of the Integration Report 2024 presentscurrent figures, data and indicators regarding migration and integration in the areas of demographic development, language and education, work and employment, social affairs and health, safety and housing. The annual statistics on immigration matters published by the Federal Ministry of the Interior (hereinafter: BMI) contain data on aliens in Austria.

4.In order to cope with the extraordinary integration challenges posed by the refugee crisis in 2015 the Federal Ministry for Europe, Integration and Foreign Affairs (hereinafter: BMEIA) together with the Expert Council for Integration drafted 50 Action Points – A Plan for the Integration of Recognised Refugees and Subsidiary Protection Holders in Austria in November 2015, which was acknowledged as the overall Austrian integration strategy for that group of persons by the federal government in early 2016.

5.While the CERD (hereinafter: the Convention) is not directly applicable in Austria, the rights guaranteed under the Convention have for the most part been implemented in Austrian law. The general prohibition of discrimination is embodied in the Constitution, so that all laws and actions by the courts and administrative authorities must be in line with the Convention rights.

6.The Austrian legal system provides for well-developed individual legal protection, and the entire public administration must be based on law (s. the principle of legality, Art. 18 of the Federal Constitution (Bundes‑Verfassungsgesetz, hereinafter: B-VG)), BGBl. No. 1/1930 as amended). The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: ECHR) has constitutional law status in Austria.

7.None of Austria`s ethnic groups (Volksgruppen) is an indigenous people within the meaning of the Convention.

Article 1

A.Definition of racial discrimination (questions 1–5)

8.As to the definition of racial discrimination see para. 6 of the previous report.

9.As to the prohibition of direct and indirect discrimination see para. 7 of the previous report as well as the relevant provision in the antidiscrimination and equal treatment legislation enacted by the Austrian Länder (Regions).

10.As to the scope of protection provided by the Austrian antidiscrimination legislation para. 6 of the previous report is amended as follows:

11.Apart from the protection warranted by the Constitution (see para. 14), comprehensive specific rules in federal and Länder laws prohibit discrimination on different grounds in different areas.

Discrimination on grounds of ethnicity in the context of an employment relationship is prohibited

•In the private sector by the Equal Treatment Act (Gleichbehandlungsgesetz, BGBl. I No. 66/2004 as amended, hereinafter: GlBG),

•In the public service sector by the Federal Equal Treatment Act (Bundes-Gleichbehandlungsgesetz, BGBl. No. 100/1993 as amended, hereinafter: B‑GlBG) and

•In the public service sector at Länder and municipal levels by the respective Länder laws, e.g.:

•Antidiscrimination Act of Burgenland (Burgenländisches Antidiskriminierungsgesetz, Land Law Gazette (Landesgesetzblatt, hereinafter: LGBl.) No. 84/2005 as amended, hereinafter: Bgld. ADG);

•Equal Treatment Act of Carinthia 2022 (Kärntner Landes-Gleichbehandlungsgesetz 2022, LGBl. No. 70/2021 as amended, hereinafter: K-LGlBG 2022);

•Equal Treatment Act of Lower Austria (NÖ Gleichbehandlungsgesetz, LGBl. 2060-0 as amended);

•Antidiscrimination Act of Upper Austria (Oberösterreichisches Antidiskriminierungsgesetz, LGBl. No. 50/2005 as amended, hereinafter: Oö. ADG);

•Equal Treatment Act of Salzburg (Salzburger Gleichbehandlungsgesetz, LGBl. No. 31/2006 as amended, hereinafter: S.GBG);

•Equal Treatment Act of Styria 2023 (Steiermärkisches Landes-Gleichbehandlungsgesetz 2023, LGBl. No. 46/2023, hereinafter: StLGBG 2023);

•Equal Treatment Act of Tyrol 2005 (Tiroler Landes-Gleichbehandlungsgesetz 2005, LGBl. No. 1/2005, hereinafter: Tiroler L-GlBG 2005);

•Antidiscrimination Act of Vorarlberg (Vorarlberger Antidiskriminierungsgesetz, LGBl. No. 17/2005 as amended, hereinafter: Vorarlberger ADG), and

•Vienna Civil Servants and Employees Act (Wiener Bedienstetengesetz, LGBl. No. 33/2017 as amended, hereinafter: W-BedG); Service Regulations 1994 Dienstordnung 1994, LGBl. No. 56 as amended, hereinafter: DO 1994); Government Employees Regulation 1995 (Vertragsbedienstetenordnung 1995, LGBl. No. 50 as amended, hereinafter: VBO 1995).

12.The Equal Treatment Act prohibits any discrimination on grounds of ethnicity in the areas of social protection (including social security and health care), social benefits, education and access to and supply of goods and services that are available to the public (e.g. in shops, restaurants, bars, leisure facilities), including housing. Länder laws likewise prohibit discrimination in these areas to the extent that these matters fall within the regulatory competence of the Länder (e.g. Section 3 (2) Nos. 4–7 of the Antidiscrimination Act of Lower Austria 2017 (NÖ Antidiskriminierungsgesetz 2017), LGBl. No. 24/2017 as amended, hereinafter: NÖ ADG 2017; Section 14 et seq. K-LGlBG 2022; Section 2 (1) Nos. 1–4 Oö. ADG; Section 28 (2) Nos. 1–4 S.GBG; Section 1 (2) Bgld. ADG; Section 29 StLGBG 2023; Section 3 (2) a–d of the Antidiscrimination Actof Tyrol 2005 (Tiroler Antidiskriminierungsgesetz 2005), LGBl. No. 25/2005 as amended, hereinafter: TADG 2005; Section 1(2) d–g Vorarlberger ADG; Section 1 (1) of the Antidiscrimination Act of Vienna (Wiener Antidiskriminierungsgesetz), LGBl. No. 35/2004 as amended).

13.As to the interpretative explanation regarding Art. 4 of the Convention s. para. 106 et seq. of the Core Document.

14.Occasional differential treatment on the basis of nationality in Austrian law is always objectively justified. Such treatment in the Settlement and Residence Act (Niederlassungs – und Aufenthaltsgesetz, BGBl. I No. 100/2005 as amended, hereinafter:

15.Positive measures to promote equality of (groups of) persons protected by the NAG) is justified e.g. by EU law requirements. Section 27 (1) of the Gaming Act (Glücksspielgesetz, BGBl. No. 620/1989 as amended) ceased to be in force in 2013 (required EEA citizenship for employees of gaming licence holders).

B.Special measures

16.Convention may be taken on federal and on Länder level (s. Sections 22 and 32 GlBG, Section 4 (1) NÖ ADG 2017, Section 9 (2) Antidiscrimination Act of Vienna, Section 3 (5) Vorarlberger ADG, Section 5 (4) TADG 2005, Section 30 StLGBG 2023, Section 6 (2) S.GBG, Section 5 (2) K-LGlBG 2022, Section 6 (3) Bgld. ADG, Section 3 (2) Oö. ADG).

17.As to positive measures for groups of national minorities (ethnic groups) living in Austria paras. 14 and 81 of the previous report are amended as follows: the Slovenian music school/Glasbena šola has been integrated into the Carinthian music school system. Since 2017 the Carinthian constitution contains the objective to protect the autochthonous Slovenian ethnic group, and the Carinthian government must once a year present to the Land parliament (Landtag) a report on the situation of the Slovenian ethnic group to raise awareness and enhance transparency. The agreement between Federation and Länder pursuant to Art. 15a B‑VG on early childhood education for the kindergarten years 2022/23–2026/27 explicitly embodied the ethnic groups and their languages for the first time. The middle school curricula, adopted by the Federal Minister of Education, Science and Research (hereinafter: BMBWF) in 2023, explicitly include language, culture and history of the six autochthonous ethnic groups in Austria.

18.For example, the Integration Act (Integrationsgesetz, BGBl. I No. 68/2017 as amended) provides for positive measures for persons with migration background, namely compulsory integration offers in the form of German and values courses for a quick integration of persons without Austrian nationality lawfully residing in Austria to enable them to participate in the social, economic and cultural life.

Article 2

A.Legal framework and general policies to eliminate racial discrimination

19.In Austria, there is a consensus that special emphasis must be placed on the fight against racism, xenophobia, antisemitism and related intolerance. The Austrian legal system offers viable legal instruments allowing the authorities and courts to effectively combat extreme right-wing, xenophobic, antisemitic or racist behaviour. The Austrian federal government is aware of the fact that racist prejudices, attitudes and actions still exist and that sustainable and differentiated policies are necessary to fight those phenomena in the long run. Protection is therefore being improved constantly through legal provisions, sensitisation and awareness-raising measures, information and educational work.

20.In early 2021, to further enhance protection against discrimination, the federal government presented a National Strategy against Antisemitism setting out a holistic approach to prevent and combat all forms of antisemitism. In addition, the Government Programme 2020–2024 provides inter alia for: the development of a National Action Plan against Racism and Discrimination; improving protection against discrimination in different areas of life (under the heading “Equality and Self-Determination. Women’s Health”); the elaboration of a holistic strategy to prevent and fight all forms of racism, xenophobia, radicalisation and violence-prone extremism (under the heading “Strengthening Fundamental and Human Rights” and “Social Integration”).

B.Information on measures (questions 1–5)

21.As to the case-law of the Constitutional Court (Verfassungsgerichtshof, hereinafter: VfGH) regarding the Federal Constitutional Act on the Implementation of the International Convention on the Elimination of All Forms of Racial Discrimination 1973 (Bundesverfassungsgesetz zur Durchführung des Internationalen Übereinkommens über die Beseitigung rassistischer Diskriminierung 1973, BGBl. No. 390/1973, hereinafter: BVG Racial Discrimination) s. para. 18 of the previous report.

22.In the field of legislation inter alia the following novelties should be noted:

23.GlBG: 2013 (BGBl. I No. 107/2013): job advertisements must state the minimum remuneration also in areas lacking remuneration-setting regulations; damages for personal harm suffered must be measured in a way that provides actual and effective compensation for the impairment and prevents any discrimination; the regular dialogue between the government member responsible for enforcing the GlBG and non-governmental organisations (hereinafter: NGOs) on equal treatment has been embodied in the law; it has been clarified that

•The principle of equal treatment applies to all areas covered by Directive 2010/41/EU (for instance in relation to the establishment, equipment or extension of a business or the launching or extension of any other form of self-employed activity); and

•That in the areas of career counselling, vocational training, professional development and retraining the protection applies throughout the duration of the relevant measures.

24.B‑GlBG: 2013 (BGBl. I No. 120/2012): measuring damages for personal harm suffered within the above meaning; in 2014 (BGBl. I No. 210/2013) it was clarified, inter alia, that the administrative authority/court must consider the expert opinion, if any, of the Federal Equal Treatment Commission (Bundes-Gleichbehandlungskommission, hereinafter: B-GBK) in proceedings for violation of the principle of equal treatment and give reasons for any differing conclusions; since 2015 (BGBl. I No. 65/2015) non-pecuniary damages may be claimed in the case of discriminatory termination of employment relationships.

25.Federal Act on the Equal Treatment Commission and Ombud for Equal Treatment (Bundesgesetz über die Gleichbehandlungskommission und die Gleichbehandlungsanwaltschaft, BGBl. No. 108/1979 as amended, hereinafter: GBK/GAW-Act): 2013 (BGBl. I No. 107/2013): simplification of proceedings before the Equal Treatment Commission for the Private Sector (hereinafter: GBK), above all to reduce the length of proceedings (smaller panels, strengthening their conciliatory role, streamlining the organisational structure of the Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft, hereinafter: GAW), and questioning before the GBK).

26.Security Police Act (Sicherheitspolizeigesetz, BGBl. No. 566/1991 as amended, hereinafter: SPG): in 2014 (BGBl. I No. 43/2014) the special authorities of the police at major sporting events (Sections 49a et seq., 57 (1) No. 11a SPG) were extended to the offence of incitement to hatred and those of the Prohibition Act (Verbotsgesetz, State Law Gazette No. 13/1945, hereinafter: VerbotsG). The police are now able to take effective action against racist conduct at major sporting events (e. g. by means of mobile restraining orders).

27.VerbotsG: in early 2024 (BGBl. I No. 177/2023) the VerbotsG was substantially amended to enhance its effectiveness, modernity and feasibility, e.g. by

•Extending Austria’s jurisdiction to include conduct committed abroad which constitutes any of the offences defined in Sections 3a, 3b, 3d, 3g or 3h VerbotsG;

•Compulsory removal of civil servants or government employees from their office and function upon final conviction under the VerbotsG;

•Nazi propaganda material may now be seized even if there is no connection to a concrete offence.

28.Convention on the Elimination of all Forms of Discrimination against Women: in 2015 Austria withdrew its reservation to Art. 11.

29.In the antidiscrimination and equal treatment legislation of the Länder the protection against discrimination has been enhanced, above all, by

•Providing protection also for persons who are disadvantaged or discriminated against because they are in a close relationship with a person who is subject to discrimination (e. g. StLGBG 2023, amendment LGBl. for Burgenland No. 22/2013, amendment LGBl. for Carinthia No. 18/2013, amendment LGBl. for Salzburg No. 1/2018, amendment LGBl. for Lower Austria 9290-3 of 2011, amendment LGBl. for Vorarlberg No. 91/2012);

•Raising minimum damages for harassments to € 1,000 corresponding to the provisions of the GlBG and the B‑GlBG (e. g. StLGBG 2023 – minimum damages of € 1,500, amendment LGBl. for Burgenland No. 22/2013, amendment LGBl. for Salzburg No. 1/2018, amendment LGBl. for Lower Austria 9290-3 of 2011, amendment LGBl. for Upper Austria No. 68/2012, amendment LGBl. for Carinthia No. 44/2017, amendment LGBl. for Vorarlberg No. 91/2012, amendment LGBl. for Tirol No. 40/2013);

•Specifying the amount of damages to ensure that actual and effective compensation will be provided for the impairment, that compensation will be adequate considering the harm suffered and further discrimination will be prevented (e. g. StLGBG 2023, amendment LGBl. for Burgenland No. 22/2013, amendment LGBl. for Carinthia No. 44/2017, amendment LGBl. for Vorarlberg No. 46/2014);

•Adjusting the level of protection to EU law requirements in relation to activities in a self-employed capacity (e. g. amendment LGBl. for Burgenland No. 22/2013, amendment LGBl. for Carinthia No. 18/2013, amendment LGBl. for Salzburg No. 41/2013, amendment LGBl. for Vorarlberg No. 46/2014);

•Adjusting the level of protection to EU law requirements for persons engaged in employed gainful activities (e. g. amendment LGBl. for Vorarlberg No. 16/2017).

Other measures taken in the reporting period

30.Diversity management has been embodied in several areas of the BMI (human resources management, initial and in-service training, personal interactions) and is reflected by different measures: e.g. the working group for equality issues (Arbeitsgruppe für Gleichbehandlungsfragen), approx. 90 women’s contact persons and representatives of persons with disabilities (Behindertenvertrauenspersonen) assist employees in equal treatment matters, a plan for the promotion of women (Frauenförderplan) is adopted (and implemented) every six years, and the Directorate General for Public Security (Generaldirektion für die öffentliche Sicherheit, hereinafter: GdöS) issues an annual intercultural calendar containing religious holidays and background information, which is intended to support the employees in discharging their duties.

31.The Austrian Integration Fund (hereinafter: AIF) as operating partner of the Directorate General (hereinafter: DG) for Integration (Integrationsressort) is the contact for integration in Austria (in 2023 a total of 270,378 consultations regarding integration). Other measures:

•“ZUSAMMEN:ÖSTERREICH” initiative (since 2011): well-integrated persons with migration background tell their own personal story of integration and discuss chances and challenges in schools, associations, and businesses to motivate and eliminate prejudices. In 2023 an audience of 3,389 was reached in 77 visits to schools and businesses and at other events.

•In 2023 a total of 41 seminars was held on antisemitism and extremism, discrimination, racism and cyberbullying, as well as a seminar series for educators and teachers (e. g. “radicalism in the classroom”, “the Conflict in the Middle East in the classroom: keep silent, suppress or find answers?”, “antisemitism – current challenges”) with 566 attendees. These seminars are currently held for multipliers.

•Seminars in cooperation with the Extremism Counselling Centre/bOJA on extremism, violence prevention and self-determination, as well as integration courses (“Safety and Police”) with the Vienna Criminal Police (2023: 1,380 attendees).

•Refugees are offered nationwide values and orientation courses on democratic order and fundamental values of legal and social order (2023: 10,925 attendees, since 2015: 99,863 in total; in-depth programmes, e. g., integration courses, practical training sessions/courses, community offers, advanced integration courses and/or courses for skilled workers: 88,686 attendees since the start, thereof 14,378 in 2023).

32.The Federal Ministries and the Länder ensure non-discrimination by initial and further training for their staff, such as, e. g.:

•Federal Ministry of Finance: in 2023: “Open Forum for intercultural competence and diversity” at the Federal Academy of Finance to promote networking, exchange, knowledge-building and awareness-raising, in particular for staff who need intercultural competences in their everyday work.

•BMI: e.g. courses under the “A World of Difference” programme (hereinafter: AWOD) and international diversity trainings of the Police Academy (Sicherheitsakademie) including webinars/exchange programmes. S. paras. 34 and 64, and No. 13 in the annex.

•Federal Ministry of Justice (hereinafter: BMJ): (inter)national staff seminars on gender equality, antidiscrimination, fighting racism, and intercultural competence. S. Nos. 5 and 13 in the annex.

•Federal Ministry of Defence: annual workshop of the National Defence Academy (Landesverteidigungsakademie) on “interculturality and diversity”; “fundamental values”, “democracy and the state” and “protection of human rights through peacekeeping” form part of basic military training/advanced training of military professionals and ready-reserve soldiers (Milizsoldaten).

•The Federal Academy of Public Administration offers comprehensive training on “equality and diversity” and “equal treatment law” (e. g. “diversity-competent administrative action”, “introductory seminar for gender equality officers and officers in charge of women’s affairs/contacts”, “developing cultural competences”).

•Academy of Public Administration of Styria: seminars on “dealing well with diversity in everyday work”, “dialogue between cultures and religions” and “fundamental rights”.

•Vienna Academy: (also online) events on bullying, antidiscrimination, diversity and equality. Since 2019 new staff of the Municipality of the City of Vienna studies the above topics as well as the topic of Vienna as a human rights city in their initial training (basic module “rights, duties, attitudes”).

•Academy of Public Administration of Carinthia: diversity workshops and units on intercultural competence.

•Academy of Public Administration of Tyrol: seminar for enhancing intercultural competence in everyday work.

•Academy of Public Administration of Vorarlberg: e.g. seminar on “diversity-competent administrative action”.

33.For the Länder the following other measures should be mentioned:

•Styria: since 2010 a diversity-oriented integration policy has been pursued (Charter for Living Together in Diversity in Styria) and an Integration Department was established. In 2016 a package of measures for integrating refugees was developed. The Styria Project Fund (Projektfonds Steiermark) supports volunteering projects to enhance peacefully living together in diversity in Styrian municipalities and towns.

•Vienna: integration and diversity monitoring describes and assesses strategies and measures of integration-oriented diversity management (s. para. 19 of the previous report). A benchmarking system records the strengths and weaknesses as well as implementation progress and makes them comparable based on eight fields of action (e. g. education, labour market, income and social security, housing).The 6th Monitoring Report was presented in 2023. The 3rd Vienna Gender Equality Monitor (2021) recorded the status quo of equality in Vienna. Twelve topics and 160 indicators reflect a broad understanding of equality and pursue specific equality goals. The 2nd Gender Equality Monitor focused on women with a migration background; it showed differences of women and men with/without migration background.

•Tyrol: The Tyrolean integration model, which was newly devised in 2019, serves as guidance for politics, administration and players in the “integration landscape” in designing well-functioning structures for living together and enhancing public welfare and a sense of belonging in Tyrol. Implementation strategies translate the guidelines into fields of action and indicators for practical work. Regular monitoring of integration data serves as a barometer and shows progress and obstacles in the area of integration.

•Carinthia offers sensitisation school workshops against racism and online hate speech (Equal Treatment Office in cooperation with the Board of Education); in 2017 Carinthia made a commitment to recognise and design integration and good relations in society as a political field of action and to further integration and related measures (report on the integration model “Together in Carinthia”), e.g. by:

•An integration roadshow: sensitising pupils to immigration and integration.

•Mini-funding:gemeinsam.vor.ort is an initiative to fund small and low-threshold integration projects, including in more remote regions.

•Bildungsgutschein.deutsch is an education voucher to help persons living in Carinthia with little or medium-level knowledge of German to learn German and is intended as an incentive to take accredited tests.

•Since 2019 German integration courses have been offered regularly and throughout Carinthia.

•Integration Award: makes visible and appreciates the achievements of civil society commitment and active integration work by municipalities and businesses to enhance the prestige of committed integration work (again), to highlight best practices and successful integration models and to push future cooperation or project implementation aside from volunteer work.

34.Funding of NGOs and other institutions in the field of antidiscrimination work:

35.The BMEIA funds the publishing of the Racism Report by the Association ZARA (Civil Courage & Antiracism Work) with up to € 5,000/year.

36.The BMJfunds the Association ZARA for providing psychosocial and legal court assistance for victims of online hate speech (2023: some € 26,000) and the Litigation Association for the Enforcement of the Rights of Victims of Discrimination (hereinafter: Litigation Association) (2023: € 6,000).

37.The Federal Ministry of Labour and Economy (hereinafter: BMAW) funds the Litigation Association (2020–2022: € 100,000/year; 2023: € 110,000; 2024–2025: € 120,000/year).

38.The Federal Ministry of Social Affairs, Health, Care and Consumer Protection (hereinafter: BMSGPK) has funded and funds antiracism projects, including the associations ZARA, “Südwind”, “Dokumentations- und Beratungsstelle rassistischer Angriffe” and “asylkoordination österreich” (e. g. since 2008 the “connecting people” project, a buddy programme connecting volunteers and unaccompanied minor refugees). 2021–2023 it provided within the funding priority of preventing extremism, funds totalling some € 3.2 mill. for 25 projects to fight racism, hate speech, antiziganism, antisemitism, Islamophobia, xenophobia and for the empowerment of those affected.

39.The Federal Ministry for Arts, Culture, Civil Service and Sport (hereinafter: BMKOES) has been funding the “fairplay initiative” at the Vienna Institute for International Dialogue and Cooperation (hereinafter: VIDC) as a competence centre for diversity, inclusion and antidiscrimination in sport (2024: € 207,000) for quite some time. The funds are used for campaigns and educational work, international exchange and empowerment and counselling of marginalised groups, initiatives and associations in sport. Since 2022 “fairplay prevention” has been funded under the “extremism prevention” funding programme as a point of contact against misanthropic ideologies in sport with a focus on politically and religiously motivated extremism (2022–2025: € 882,100). S. also No. 11 in the annex.

40.In 2023 the DG for Integration provided funding totalling some € 1.43 mill. for 17 projects in the area of racial discrimination to tackle prejudices through information and networking. In addition, the DG for Integration has funded and funds measures to strengthen disadvantaged groups through counselling and educational offers and has supported and supports initiatives to raise awareness of diversity and respectful interaction with different cultures, ethnicities and religions, including in schools, residential complexes and communities.

41.The DG for Women and Equality(Frauenressort)

•Has funded the Association Frauen-Rechtsschutz, which pays for legal counsel in proceedings before a court or public authority for women and children in crisis situations, since 1998 (2004: € 68,882).

•Has funded the Litigation Association since 2006 (2024: € 38,267).

•Has funded the Roma Association “Romano Centro – Verein für Roma” in Vienna since 2013 (2024: € 55,000).

•Co-finances nationwide a tight net of counselling centres for women (e. g. LEFÖ, Orient Express, VIELE, FEMAIL), which make an impact on the perception of migrants in society and want to ensure equal participation opportunities for migrants in societal, economic and political processes through education, counselling and information.

42.Examples of Länder funding:

•Vienna: regularly funds the Litigation Association (by up to € 5,000) and the ZARA counselling centre (2023: € 90,000, 2024: € 95,000). Since 2022 the Vienna Antidiscrimination Office is a funding member of the Litigation Association (€ 2,000/year).

•Styria funds the working group “Jugend gegen Gewalt und Rassismus” and the Styria Antidiscrimination Office.

•The Lower Austria Antidiscrimination Office has been a member of the Litigation Association since 2018 and has paid an annual member’s contribution of € 1,200 since 2024 (before: € 1,000).

•Carinthia has been an extraordinary member of the Litigation Association since 2020 (funding amount: € 2,500).

•Tyrol funds the “Antirassismus-Arbeit Tirol (ARAtirol)” contact, service and monitoring office with up to € 27,300/year, as well as school workshops on antiracism, flight and asylum within the annual funding of the asylum platform with up to € 61,000.

C.National human rights institution or other appropriate bodies

43.As to the Austrian Ombudsman Board (hereinafter: AOB) as the Austrian national human rights institution para. 24 of the previous report is amended as follows: Since 1 July 2012 the AOB has been in charge of the protection and promotion of human rights in Austria and established as a National Preventive Mechanism under the OPCAT (cf. Act on the Implementation of the OPCAT (OPCAT-Durchführungsgesetz), BGBl. I No. 1/2012). The AOB’s recommendations issued to the public authorities concerned after examination of individual complaints, the comprehensive annual report on its activities to Parliament and optional reports on specific observations proved to be effective instruments for raising awareness and implementing general human rights standards, above all as regards its role as a National Preventive Mechanism under the OPCAT. In the course of the AOB’s ex-post control of public administration regarding maladministration and human rights, it reports to Parliament and seven Länder parliaments, which have assigned monitoring tasks to the AOB regarding their Länder and municipal administration(s) by constitutional laws. All nine Länder parliaments have declared the AOB competent in the field of preventive human rights monitoring in implementation of the OPCAT and Art. 16 (3) of the UN-CRPD. S. also paras. 141–147 in the Core Document and No. 8 in the annex.

44.With respect to university-based human rights institutions para. 25 of the previous report is amended as follows: since 2020 the European Training and Research Center for Human Rights and Democracy (hereinafter: ETC) together with a special-purpose foundation has been a Category 2 Centre under the auspices of UNESCO for the promotion of human rights at the local and regional levels.

45.In cases of discrimination on grounds of gender, ethnicity, religion, belief, age or sexual orientation under the GBlG or the B-GBlG, complaints may be lodged with the GBK for the Private Sector (Section 1 et seq. GBK/GAW-Act) or the Public Sector (Section 22 et seq. B‑GlBG) at the BKA. They offer low-threshold access to free-of-charge, non-public examination of acts of discrimination. Representation by a lawyer is not required, but victims of discrimination may have themselves represented by an NGO. The GBKs will issue a written report on the results of the examination as to whether the principle of equal-treatment has been violated and make recommendations. They also draw up general expert opinions regarding discrimination.

46.The GAW has been established as a National Equality Body at the BKA in accordance with EU directives to provide independent, free and confidential advice and support to persons or their relatives who feel discriminated against under the GBlG. It is not bound by instructions, independent and autonomous in discharging its tasks. The GAW assists persons affected by discrimination in proceedings before the GBK, and endeavours to procure reasonable compensation for victims of discrimination even before legal proceedings are initiated (e. g. voluntary payment of damages), so that persons who have discriminated against others will show that they have understood their wrongdoings and the burden of those seeking justice remains low. The GAW is headquartered in Vienna and has regional offices in Innsbruck, Linz, Graz and Klagenfurt. In 2023 the GAW received 3,229 requests (2022: 3,002).

47.All Länderhave institutions in place (e. g. ombud offices, equal treatment commissions that are independent and not bound by instructions, antidiscrimination and equal treatment offices) that provide persons affected by discrimination with information, advice and support in pursuing their rights, issue recommendations, carry out independent investigations, prepare expert opinions, engage in networking and public relations, awareness-raising and sensitisation.

D.Groups and individuals benefiting from special and concrete measures

48.As to positive measures for groups of national minorities (ethnic groups) living in Austria see paras. 14 and 81 of the previous report. In 2023 the budget of the BKA’s ethnic groups funding scheme amounted to € 7,934,000 (i. e. it had been doubled since 2021 as provided for by the Government Programme 2020–2024). The Ethnic Groups Act (Volksgruppengesetz) provides for funding of measures and projects intended to preserve and secure the existence of ethnic groups, their customs and traditions, as well as their characteristics and rights, including intercultural projects for the coexistence of different ethnic groups. Projects (also those concerning more than one ethnic group) in line with innovative funding priorities also receive funding. In 2022 a first impact-oriented ethnic groups funding scheme cycle was completed. S. also para. 49.

49.Until 2030 national measures are being taken in the areas of education, jobs, antidiscrimination, empowerment and participation in implementation of the EU framework for equality, inclusion and participation of Roma (s. also paras. 36 and 44) on a regular basis. By means of the special directive on ROMA EMPOWERMENT for the LABOUR MARKET 2022–2030 the BMAW supports NGOs and other project organisations in implementing labour market projects for Roma.

50.Labour market and integration policies support migrants. Under active labour market policy migrants, including Convention refugees and subsidiary protection holders, enjoy the same status as Austrian job seekers, which means that they have access to all offers and services (employment funding and measures, upskilling, counselling and support services) of the Employment Service (Arbeitsmarktservice, hereinafter: AMS). In addition, the AMS offers target group-specific measures (s. para. 44). Projects such as “Mentoring for Migrants” (together with the AIF and the Economic Chamber; in early 2023 the 18th round started; by the end of 2023 a total of 2,659 mentees had participated) provide assistance with entering the job world. In 2024 and 2025 an additional € 75 mill./year were and will be provided for the job integration of recognised refugees.

Article 3

Information on measures (questions 1–3)

51.There is no form of segregation of apartheid in Austria. Paras. 29–31 of the previous report are amended as follows:

52.Since a completed course of education is an important key to successful integration, Austria has taken in particular measures in the educational sector in recent years (s. para. 48), e.g. German support classes and courses and the training obligation for adolescents have been introduced.

53.To counteract segregation in the housing sector, municipalities in Upper Austria are bound by the prohibition against discrimination of the Oö. ADG when assigning housing/exercising the right to assign housing. Accordingly, housing may never be denied on grounds of ethnicity or other grounds defined in the Oö ADG.

Article 4

A.Information on measures (questions 1–7)

54.As to legislation against hate speech and violence based on antisemitic, racist and xenophobic motives paras. 7 et seq. and 32–39 of the previous report must be amended as follows:

55.Section 283 of the Criminal Code (Strafgesetzbuch, BGBl. No. 60/1974 as amended, hereinafter: StGB) defines the offence of incitement against hatred, which presently reads as follows:

“Section 283 (1) Anybody who publicly and in a manner perceptible to a broad public

1.Incites others to violence against a church or religious society or against another group defined by the existence or lack of criteria of race, colour, language, religion or belief, nationality, descent or national or ethnic origin, gender, disability, age or sexual orientation, or against a member of such a group expressly due to their affiliation with such group, or incites hatred against them,

2.Insults any of the groups described in No. 1 or a person due to their affiliation with such group with the intention of violating the human dignity of the members of the group or the person in a manner likely to disparage or belittle the group or person in the eyes of the public, or

3.Tolerates, denies, grossly trivialises or justifies crimes defined in Sections 321 to 321f and Section 321k that have been ascertained by a national or international court in a final manner, with the act being directed against any of the groups described in No. 1 or against a member of such group expressly due to their affiliation with such group and committed in a manner likely to incite violence or hatred against such group or against a member of such group shall be punished by imprisonment for a term up to two years.

(2)Anybody who commits the offence defined in (1) in a printed work, via broadcasting or otherwise in a manner through which the acts described in (1) will become perceptible to a broad public shall be punished by imprisonment for a term of up to three years.

(3)Anybody who through an offence defined in (1) or (2) causes other persons to use violence against one of the groups described in (1) No. 1 or against a member of such group due to their affiliation with such group shall be punished by imprisonment for a term of six months up to five years.

(4)Anybody who, unless they are subject to more severe punishment for being involved in an act defined in (1) to (3) (Section 12), distributes or makes otherwise publicly available in an endorsing or justifying way, written material, images or other depictions of ideas or theories that endorse, promote or incite hatred or violence against any of the groups described in (1) No. 1 or against a member of such group due to their affiliation with such group, in a printed work, via broadcasting or otherwise in a manner perceptible to a broad public shall be punished by imprisonment for a term of up to one year or a fine of 720 daily penalty units.”

56.In 2012 (BGBl. I No. 103/2011; since then the possibility of being perceived by a broad public has been sufficient and the group of protected persons has been enlarged significantly) and in 2016 (BGBl. I No. 112/2015) Section 283 StGB was made stricter, inter alia implementing international recommendations and obligations; since 2021 (BGBl. I No. 148/2020) the insulting of individuals based on their affiliation with a protected group in a way that violates their human dignity has become a criminal offence as well.

57.In 2016 the offence of “cyber-bullying” (Section 107c StGB) was added, the scope of which was broadened in 2021 (BGBl. I No. 148/2020) so that now in particular even one-off uploading of relevant materials can be prosecuted (“constant” instead of “continued” harassment using telecommunication or a computer system); since 2020 (BGBl. I No. 105/2019) restraining orders for the protection of privacy can be issued in cases of cyber-bullying.

58.In 2021 the Federal Act on Measures to Combat Hate on the Internet (Bundesgesetz, mit dem Maßnahmen zur Bekämpfung von Hass im Netz getroffen werden, BGBl. I No. 148/2020, hereinafter: HiNBG, s. also para. 57) entered into force, which, apart from broadening the scope of Sections 283 and 107c StGB as mentioned above, introduced the offence of unauthorised picture-taking (Section 120a StGB) and defined measures, including for the protection of victims of online hate speech, in criminal procedure law.

59.Since 2014 subsidies under the Journalism Subsidies Act 1984 (Publizistikförderungsgesetz 1984, BGBl. No. 369/1984 as amended) provided to publishers of periodicals can be denied for the calendar year in which a final conviction was imposed for an offence under Section 283 StGB or under the provisions of the VerbotsG that was committed in a periodical. The Federal Act on Promoting Quality Journalism in Print and Online Media (Bundesgesetz über die Förderung des qualitätsvollen Journalismus in Medien des Print- und Online-Bereichs, BGBl. I No. 163/2023), which entered into force in 2023, contains a similar regulation which, however, also provides that subsidies may be denied upon a final conviction for the offence defined in Section 282a StGB (instigation or endorsement of terrorist offences). This regulation was also included in the Press Subsidies Act 2004 (Presseförderungsgesetz 2004, BGBl. I No. 136/2003 as amended) in 2023.

60.Since 2021 the Federal Act on Measures for the Protection of Users of Communications Platforms (Bundesgesetz über Maßnahmen zum Schutz der Nutzer auf Kommunikationsplattformen, BGBl. I No. 151/2020) has been pursuing the aim of establishing clear responsibilities of platform operators and ensuring efficient complaints mechanisms to prevent illegal contents on communication platforms. The law was repealed on 17 February 2024 and replaced, in terms of contents, by the Digital Services Coordinator Act (Koordinator-für-digitale-Dienste-Gesetz, BGBl. I No. 182/2023), which contains the national measures accompanying the directly applicable Digital Services Act (Regulation (EU) 2022/2065).

Other measures to fight “hate speech”, especially on the internet

61.Reporting, information and counselling centres have been set up with regard to online hate speech:

•“Stopline” of the Association of Austrian Internet Providers for reporting Nazi material;

•Offices of the BMI for the reporting of re-engagement in National Socialist activities, extremist or radical videos;

•“BanHate” reporting app of the Styria Antidiscrimination Office for hate posts;

•Inter-ministerial information initiative ICT Security Portal;

•#GegenHassimNetz counselling centre of the Association ZARA (BKA-funded).

62.An agreement has been concluded with Facebook, according to which Facebook searches for, removes or blocks contents that are potentially illegal under Austrian law (hate speech) as a general rule within 24 hours. For that purpose the heads of the public prosecutors’ offices and the BMJ have been provided with a special channel.

63.In 2016, on the basis of the Council of Europe’s No Hate Speech initiative, the national No Hate Speech Committee was founded, which is comprised of representatives of Ministries, counselling centres and NGOs, to fight online hate speech, to raise awareness and to support campaigns against hate speech.

64.In 2016 Bookmarks – A manual for combating hate speech through human rights education, which had been created to support the No Hate Speech Movement youth campaign initiated by the Council of Europe was translated into German with financial support from the BMBWF and the BKA.

65.In 2016 the Austrian Federal Council (Bundesrat) initiated a Green Book on the topicof “Digital Courage”, which describes the various aspects of hate speech.

66.In 2017 the BKA and the DG for Women and Equality instructed the Human Rights Research Centre of Vienna University and the victim protection organisation Weisser Ring to set up a support system for women affected by gender-specific internet crime. One of the priorities was the development of a training concept for multipliers, e.g. from the areas of victim protection, police and justice administration.

67.In 2017 special units for the prosecution of the offence of incitement (Section 283 StGB) and of offences under the VerbotsG were set up (Section 4 (3) of the Regulation on the Implementation of the Public Prosecutors’ Act (Verordnung zur Durchführung des Staatsanwaltschaftsgesetzes, BGBl. II No. 325/2016) to deal with such cases more efficiently.

68.Since 2017 (second edition of 2019) a compendium on the offence of incitement (Section 283 StGB), which contains legal information, recent case-law and case examples, has helped the prosecution authorities to deal with hate posts.

69.Since 2018 the Association NEUSTART has offered the Dialogue instead of Hate Programme. Persons against whom a criminal case is pending due to discriminatory statements in social media can be ordered to attend the programme as part of their probation. Defendants should be brought to understand their wrongdoings and taught how to express their opinion without disparaging others or committing an offence. The programme, which must be completed within six months, is tailored to the specific case.

70.Since 2020 IT security experts and security experts from WienCERT of Vienna Digital have closely cooperated with the 24/7 women’s emergency helpline and the Association of Vienna Women’s Shelters in the Competence Centre dealing with Cyberviolence against Women.

71.In 2023 the “What is your red flag?” campaign of the 24/7 women’s emergency helpline provided information on cyberviolence in (ex-)relationships.

B.Information on racial motives as aggravating circumstance

72.As to the aggravating circumstance of particularly reprehensible motives in connection with sentencing para. 43 of the previous report must be amended as follows:

73.In 2015, in addition to racial and xenophobic motives, another aggravating circumstance was included in Section 33 (1) No. 5 StGB, namely where an offender’s actions are based on other “particularly reprehensible motives, above all motives directed against any of the groups named in Section 283 (1) No. 1 or a member of such group expressly due to their affiliation with such group”. Such motives include, without limitation, affiliation with a church or religious society or any other group of persons defined by criteria of race, colour, language, religion or belief, nationality, descent or national or ethnic origin, gender, disability, age or sexual orientation.

C.Statistical data

74.The reports on protection of the constitution of the Federal Office for the Protection of the Constitution and for Counter-terrorism (Bundesamt für Verfassungsschutz und Terrorismusbekämpfung, hereinafter: BVT) and the Directorate for State Security and Intelligence (Direktion Staatsschutz und Nachrichtendienst, hereinafter: DSN) provide the following statistical data on criminal offences reported to the police:

Reports to the police	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	2023
Incitement (Section 283 StGB)	83	152	182	282	380	259	280	168	224	138	89	177
VerbotsG	466	529	663	953	884	798	877	1 037	801	1 045	929	1 203
Art. III (1) Nos. 3 and 4 EGVG	17	48	19	27	10	19	5	14	1	3	61	43

75.The judicial criminal statistics of Statistics Austria show the following convictions under Section 283 StGB and Section 3a et seq. VerbotsG:

Convictions	2015	2016	2017	2018	2019	2020	2021	2022	2023
Incitement (Section 283 StGB)	44	52	135	73	56	30	40	18	22
VerbotsG (Section 3a et seq.)	71	74	113	128	143	132	208	215	210

Statistics of BRZ GmbH on Section 283 StGB and the VerbotsG

Legal proceedings in accordance with § 283 StGB	2015	2016	2017	2018	2019	2020	2021	2022	2023 1)
Caseload	516	679	892	1 003	465	668	761	646	396
Indictments	80	114	187	154	99	84	93	95	60
Alternative measures offered (incl. court)	19	25	76	115	74	117	123	54	47
Convictions	49	52	108	72	43	31	37	21	14
Acquittals	9	23	27	32	6	6	11	19	2
Discontinued cases	254	233	197	245	229	195	282	197	133
No preliminary investigations instituted for lack of reasonable suspicion (Section 35c StAG)	89	153	141	215	140	173	310	313	130

1) 2023 = January 1st – October 1st, 2023. 2) = people reported to the public prosecutor ’ s office. 3) including court.

76.Proceedings regarding incitement pursuant to Section 283 StGB mainly concern inflammatory Facebook posts, mostly directed against refugees, asylum seekers and/or Muslims. The number of cases, which has recently been constant, seems to go down.

Legal proceedings in accordance with VerbotsG	2015	2016	2017	2018	2019	2020	2021	2022	2023 1)
Caseload	1 097	1 169	1 143	1 356	1 306	2 116	2 361	2 708	2 000
Indictments	167	213	216	253	322	352	350	392	272
Alternative measures offered (incl. court)	24	46	44	61	100	211	183	175	95
Convictions	79	84	122	136	148	138	226	222	155
Acquittals	13	29	28	22	42	24	35	42	35
Discontinued cases	704	633	536	676	823	1 281	1 243	1 621	1 077
Section 35c StAG	147	129	150	213	170	316	393	550	456

1) 2023 = January 1st – October 1st, 2023. 2) = people reported to the public prosecutor ’ s office. 3) including court.

77.In 2015 the AOB reported on the prohibition against discrimination defined in Art. III (1) No. 3 EGVG as follows: Between September 2012 and November 2014, for example, the following fines were imposed for racist insults: in Vienna and Tyrol five each, between € 80 and 525, in Styria three (€ 70, 100 and 300), in Upper Austria two (€ 70 and 100) and in Carinthia and Lower Austria one each (€ 100). For discriminatory denial of access on grounds of ethnicity fines were imposed, e.g. in Lower Austria on the managing director of a restaurant (€ 100), in Salzburg on the management of a shop (€ 250) and in Tyrol on the doorman of a bar (€ 80). Several cases for racist insults and/or discriminatory denial of access were discontinued as the offenders could not be identified or the offence could not be proved with the certainty required for punishment. S. para. 56 and No. 5 in the annex.

Article 5

I.Information grouped under particular rights

A.Right to equal treatment (questions 1–3)

78.As to counter-terrorism measures paras. 47–48 of the previous report are amended as follows:

79.Since 2016 the central statutory basis for counter-terrorism action has been the Police Protection of the State Act (Polizeiliches Staatsschutzgesetz, BGBl. I No. 5/2016, hereinafter: PStSG). In this area the SPG only applies insofar as the PStSG provides no rules of its own.

80.Initial and further training ensures that the work of law enforcement officials is purely based on facts. There is no room for prejudices, stereotypes or ethnic profiling in police investigations. S. also paras. 16, 31 and 61, and No. 13 in the annex.

81.As to investigation and prosecution of complaints about racial discrimination s. para. 49 of the previous report.

B.Right to security (questions 1–5)

82.As to investigation and prosecution of racially motivated acts of violence paras. 50–54 of the previous report are amended as follows.

83.In 2018 the Austrian Center for Law Enforcement Sciences (hereinafter: ALES) of Vienna University published a study commissioned by the BMJ on how alleged cases of ill-treatment by law enforcement officials were being dealt with. ALES studied 772 files of the public prosecutors’ offices of Vienna and Salzburg from the period 2012–2015 concerning 1,518 alleged cases of ill-treatment against law enforcement officials. The study pointed out possibilities for optimisation of the proceedings, e.g. regarding the documentation of contacts between the criminal police and the public prosecutors’ office, or the 24-hour period within which the criminal police must report complaints about ill-treatment to the public prosecutors’ office. The BMI and the BMJ have implemented all suggestions made by ALES in their (coordinated) internal procedural instructions regarding alleged ill-treatment by police or prison officers. For example, the period for reports by the criminal police to the public prosecutors’ office was extended to 48 hours to allow more time for investigations, and comprehensive written documentation of oral or phone contacts between the criminal police and the public prosecutors’ office is now required. In a supplementary report ALES arrived at the following conclusion: “[B]oth Ministries [have worded] the internal instructions which have been issued in the meantime […] precisely and in a way that is easily comprehensible by the addressee of how the police and public prosecutors have to handle alleged ill-treatment by law enforcement officials, also in view of international requirements.”

84.A complaints management unit was set up at the BMI. In 2024 the Investigation and Complaints Unit for Ill-treatment (Ermittlungs- und Beschwerdestelle Misshandlungsvorwürfe, hereinafter: EBM) was established at the Federal Office of Anti-Corruption (Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung, BGBl. I No. 107/2023) as an organisational unit independent of GdöS to clear up complaints of alleged ill-treatment against employees of the BMI. An independent advisory board is in charge of supporting structural monitoring of the activities of the EBM.

85.The AOB reported that it received 14 complaints about ill-treatment by the police in 2022 (2021: 23, 2020: 9). In one case the AOB ascertained a maladministration.

86.As to the prevention of racially motivated acts of violence by law enforcement officials paras. 51–55 of the previous report must be amended as follows:

87.Initial and further trainings of law enforcement officials focus on racism and xenophobia. Law enforcement officials are sensitised to human rights in the course of the structural programme “Polizei.Macht.Menschen.Rechte” (hereinafter: PMMR). PMMR focuses on: networking between the police and the population, complaints and error management, assisted introduction of young law enforcement officials to service, and the culture of police-internal control. S. also paras. 16 and 61, and No. 13 in the annex.

88.One recruiting criterion for prison staff is that they acknowledge and deal delicately with other religions and cultures. Persons with a migration background are expressly invited to apply for prison services jobs.

89.The following instruments of dialogue between the police and different groups of society are intended to increase the sense of safety among the population and to build trust in the police:

•The police task of community policing and Gemeinsam.Sicher enhance the individual sense of safety, constructive cooperation of different important institutions and the population. Dialogue, identification of problems and problem solving constitute the basic approaches.

•Within the PMMR framework representatives of the BMI and NGOs discuss human rights topics at meetings of the “Civil Society Dialogue Panel”, which are held several times a year.

90.Austria endeavours to increase the share of police officers with migration background (cf. para. 58 of the previous report). Recruiting campaigns are intended to address suitable persons independent of their ethnicity (migration), age, gender, etc. At recruiting events police officers with a migration background act as role models. No records are kept on the migration background. An analysis of 6,576 application questionnaires in 2023 showed that some 14 % of the candidates were no native speakers of German. A 2023 survey of 1,207 police cadets at the Police Academy showed that 3 % of the interviewees had not been born in Austria and that 18 % of the interviewees had at least one parent who was born abroad.

91.As to non-refoulement para. 59 of the previous report must be amended as follows: subsidiary protection pursuant to Section 8 of the Asylum Act 2005 (Asylgesetz 2005, BGBl. I No. 100/2005 as amended, hereinafter: AsylG) was granted in the course of refoulement checks in 2,023 cases in 2011, in 2,050 cases in 2012, in 1,819 cases in 2013, in 2,617 cases in 2014, in 2,478 cases in 2015, in 3,699 cases in 2016, in 7,081 cases in 2017, in 4,191 cases in 2018, in 2,246 cases in 2019, in 2,524 cases in 2020, in 4,262 cases in 2021, in 5,675 cases in 2022, in 8,222 cases in 2023 and in 4,246 cases in the first half of 2024. In addition, the status of “tolerated alien” was introduced to regulate residence of persons whose extradition is currently not permitted (Sections 46a, 50 of the Aliens’ Police Act 2005 (Fremdenpolizeigesetz 2005, BGBl. I No. 100/2005 as amended, hereinafter: FPG). Since 1 January 2014 the Federal Office of Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl, hereinafter: BFA) has acted as first instance and the Federal Administrative Court (Bundesverwaltungsgericht, hereinafter: BVwG), which is independent and not bound by instructions, as second instance (s. para. 53).

C.Political rights (questions 1–3)

92.As to the right to vote in elections to representative councils of territorial entities (National Council (Nationalrat), Länder parliaments, municipal councils or the district councils in Vienna) or for the Federal President para. 61 of the previous report must be modified as follows:

93.In accordance with Council Directive 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals, EU citizens are entitled to vote in elections “at the level of basic local government units” (municipalities, in Vienna: districts). No (other) distinction, such as by certain ethnic or national origin, is made.

94.As to participation panels paras. 62 et seq. of the previous report are amended as follows:

95.The 2030 EU framework for national strategies to ensure equality, inclusion and participation of the Roma populations (para. 19) requires Member States to actively include the Roma civil society in the implementation of national Roma strategies at the national, regional and local levels. In 2012 the National Roma Contact Point introduced the Roma Dialogue Platform (which has been organised 31 times since then), enabling an open, inclusive dialogue among representatives of the Federation, Länder, municipalities, civil-society associations as well as experts from science and research. The 2022 Evaluation of the Roma Strategy by Vienna University involved the Roma civil society as well.

96.In Vorarlberg also persons with a migration background are invited to the citizens’ councils held in the Land and the municipalities.

97.The Charter of Styria’s Capital City Graz 1967 (Statut der Landeshauptstadt Graz 1967, LGBl. for Styria No. 130/1967 as amended) provides for a mandatoryimmigrants’ advisory board if more than 1,000 migrants have their principal place of residence in Graz.

98.In 2019 the Werkstadt Junges Wien participation project for children and young persons was carried out in Vienna, with 22,581 children and adolescents contributing their wishes and ideas. As a result the comprehensive Vienna Strategy for Children and Adolescents 2020–2025, which includes 193 measures (such as, e.g. the Vienna Children’s and Adolescent’s Parliament and the participatory budget of one million euros for children and adolescents) was adopted by the Vienna Municipal Council.

99.Vienna was chosen as the European Capital of Democracy in 2024/25. In 2024 the Office for Participation of the City of Vienna was opened to give the people living in Vienna more opportunities to participate and to foster a living democracy, in particular of persons who are disadvantaged and therefore participate less in things going on in the City. Until early 2025 the Office will develop – under broad participation – the Vienna Democracy Strategy (which will then have to be adopted by the Vienna Municipal Council).

100.As to information on and raising awareness of political participation paras. 61 and 67–68 of the previous report are amended as follows:

101.Vienna offers continuing education (currently: “MigraBil”) for representatives of associations for migrants, including on political participation. Before elections, campaigns are carried out to increase voter turnout.

D.Other civil rights (questions 1–9)

102.As to the right of freedom of movement para. 69 of the previous report is amended as follows:

103.If enforcement of an expulsion order or a residence ban (Section 71 (2) FPG) must be suspended or during the time period granted for voluntary exit of an alien unlawfully residing in Austria (Section 56 (2) FPG) a territorial restriction on aliens may be imposed. In addition, Section 12 (2) AsylG provides for a territorial restriction for the duration of approval proceedings before the BFA for aliens without a right of residence who have applied for international protection.

104.Pursuant to Section 15b AsylG the BFA, for reasons of public interest, public order or expedient processing and effective monitoring of an application for international protection, may order asylum seekers by means of a procedural order to live in the accommodation provided by the territorial entity in charge of basic care for as long as the case is pending. Upon approval and inclusion in the basic care scheme of the Land in charge, asylum seekers will be subject to a residence restriction (Section 15c AsylG), which prohibits them from establishing their domicile/habitual residence in a Land other than the one that grants them basic care. Third-country nationals against whom a final return decision or expulsion order has been issued may be ordered to live in the accommodation provided by the BFA until their exit (residence requirement pursuant to Section 57 FPG). Pursuant to Section 52a FPG such third-country nationals may only stay in the territory of the district administrative authority where their accommodation is located.

105.If the prerequisites are fulfilled, aliensmay leave the territory of Austria without restrictions. Also for re-entering Austria the usual entry requirements must be met. For special reasons an alien may be allowed to re-enter the territory of Austria for important public or private reasons even though a ban on entry or residence has been imposed if such reasons are not in conflict with those relevant to the ban on entry or stay and if there is no other reason for denying a visa (Section 27a FPG). In such a case, considering the purpose of the stay, certain conditions may be imposed in the interest of maintaining public order and safety such as a requirement to stay in the territory of the district administrative authority.

106.As to the award of Austrian citizenship the Citizenship Act (Staatsbürgerschaftsgesetz, BGBl. No. 311/1985 as amended) has been amended as follows since the previous report (para. 70): naturalisation of aliens who are particularly well integrated may now be granted after six instead of ten years of lawful and uninterrupted residence (Section 11a (6)). Indicators of successful integration may be proof of certain language skills or special, personal integration (such as through at least three years of volunteer work in a non-profit organisation). Aliens who are unable to earn their living at all or to a sufficient extent for factual reasons for which they are not responsible (e. g. disability or permanent severe illness) are exempt from the award prerequisite of sufficient cover of the cost of living (Section 10 (1) No. 7 and (1b)). By extending the calculation period it is now easier to prove that the cost of living is sufficiently covered (Section 10 (5)). Minors under the age of 14 are exempt from the award prerequisite of “sufficient knowledge of the German language”, which accommodates persons living abroad who have no residence in Austria (Section 10a (2) No. 2). A separate provision has been introduced for awarding citizenship to adopted children in a simplified (accelerated) procedure (Section 11b), and access to Austrian citizenship for victims of the Nazi regime has been expanded (now also including descendants of persecutees, Section 58c).

107.As to the right to marriage paras. 71–72 of the previous report must be amended as follows: since a VfGH judgment of 2017 marriage or registered partnership are available to same-sex and different-sex couples.

108.Measures for women and girls threatened or affected by forcedmarriage:

•In 2013 an emergency shelter, which is funded by the BKA’s DG for Women and Equality and the BMI, was set up by the Association Orient Express in Vienna, which provides holistic support for girls and women affected by forced marriage. By the end of 2022 it had been used 282 times.

•In 2015 forced marriage was defined as a separate criminal offence (Section 106a (1) StGB). Coercion into a community similar to marriage (ritual or religious marriage not recognised by the government) constitutes the offence of serious coercion (Section 106 (1) No. 3 StGB). In addition, a new offence preceding forced marriage has been created (Section 106a (2) StGB). Accordingly, anybody who induces a person or forces or coerces them by violence or threat to enter another country with the intention to force them into marriage in a country of which the person is neither a national nor a habitual resident by deceiving them about that plan, or who brings the person to another country by force or by exploiting their mistake about that plan shall be liable to punishment.

•The BKA’s DG for Women and Equality funds the counselling centre of the Association Orient Express in Vienna and (together with Styria) the counselling centre DIVAN, which supports women migrants in need of protection and support because they have been threatened with or freed from a forced marriage. Since 2021 a counselling centre has been available in Innsbruck to girls and women with a migration or refugee background who are affected by violence or forced marriage.

109.As to the law of obligations, property law and inheritance law s. para. 73 of the previous report.

110.As to the freedom of thought, conscience and religion para. 74 of the previous report is amended as follows:

111.B‑GlBG, GlBG and corresponding legal provisions of the Länder protect against discrimination on grounds of religion or belief at the workplace. According to the legislative materials on the GlBG (307 BlgNR 22. GP 15) wearing religious symbols and clothes is also protected. The first judgment ascertaining harassment for wearing the Muslim headscarf for work was handed down on 9 July 2014 by the Steyr Regional Court (Landesgericht, hereinafter: LG) 30 Cga 42/14t) and awarded the claimant non-pecuniary damages in the amount of € 1,000. In later decisions the courts dealt with religious discrimination in connection with the establishing of an employment relationship (Vienna Higher Regional Court (Oberlandesgericht, hereinafter: OLG) 9 Ra 117/17t of 17 May 2018), fixing remuneration (Supreme Court (hereinafter: OGH) 9 ObA 11/19m of 27 February 2019) or other working conditions or termination of an employment relationship (OGH 9 ObA 117/15v of 25 May 2016).

112.By its judgment of 11 December 2020 the VfGH repealed Section 43a of the School Education Act (Schulunterrichtsgesetz, BGBl. No. 472/1986 as amended by BGBl. I No. 54/2019) as being unconstitutional (violation of the principle of equality and the right to freedom of thought, conscience and religion), which, since 2019, had prohibited pupils from wearing head-covering clothing that reflects a certain belief or religion until the end of the school year in which they would attain the age of 10.

113.As to the freedom of expression and the freedom of assembly and association s. para. 75 of the previous report.

E.Economic, social and cultural rights (questions 1–7)

114.As to the right to work it must be noted that the GlBG, B‑GlBG and corresponding legal provisions of the Länder prohibit discrimination on grounds of ethnicity in an employment relationship (see para. 76 of the previous report, and paras. 9 and 15 above).

115.Foreign nationals are treated equally in terms of admission to the labour market: as a matter of principle, workforce is admitted exclusively based on criteria of labour market policy, independent of their home country or affiliation with a certain ethnic group. Amendments to the Foreign Labour Act (Ausländerbeschäftigungsgesetz, BGBl. No. 218/1975 as amended, hereinafter: AuslBG) streamlined the procedure and eased the criteria for obtaining a Red-White-Red (hereinafter: RWR) Card. Long-term seasonal workers were given a perspective of permanent employment, and employment in the nursing and social sector was made easier. Displaced persons from Ukraine holding an ID for displaced persons have been granted unrestricted access to the labour market since 21 April 2023. Refugees from Ukraine who have been employed or self-employed subject to full social security for at least 12 months in the last 24 months may apply for a RWR+ Card and thus change to the regular settlement regime. By introducing the BVwG as the second instance, legal protection under the AuslBG and the Unemployment Insurance Act 1977 (Arbeitslosenversicherungsgesetz 1977, BGBl. No. 609/1977 as amended) has been improved (s. para. 53). The Act for Combatting Wage and Social Dumping (Gesetz zur Bekämpfung von Lohn- und Sozialdumping, BGBl. I No. 44/2016 as amended) safeguards rights and punishes employers for underpayment. It is, above all, for the benefit of foreign workers who cannot protect themselves against being exploited because they have insufficient knowledge of the language and the law.

116.Many migrants have not completed compulsory school education or possess only little basic competences, and often qualifications obtained abroad are not officially recognised. The unemployment rate of foreign nationals of 9.6 % is therefore high compared to the rate of 5.3 % of Austrian nationals. Migrants with access to the labour market are eligible for AMS services and programmes (s. also para. 19), as well as for special measures such as the following:

•German courses (in close cooperation with the AIF), in particular from A2 level, also in combination with vocational programmes (2023: 63,665 attendees, 2022: 59,061) and multilingual brochures and information material.

•“Competence checks” (since 2015): on the basis of a survey of knowledge and skills of recognised refugees a specific package of supporting measures (e. g. orientation measures, qualifications, German courses) is applied.

•The AMS cooperates with the counselling centres for women and migrants, and among other things offers also special counselling for migrants to counteract employment that is not adequate in view of a person’s level of education and training. Some measures under the labour market policy programme for women are especially designed to support women with migration background.

•Job exchanges, supra-regional job placement, above all of young recognised refugees; “b‑mobile” programme to prepare and place young recognised refugees from Eastern Austria in apprenticeships in the West of Austria. Entrepreneurs are advised in matters of diversity management.

117.In 2023 a total of 232,700 migrants, thereof 53,789 recognised refugees (2022: 253,109, thereof 50,094 recognised refugees) were included in AMS funding programmes and measures (not including short-term work). 66 % thereof (2002: 59 %) were supported through upskilling.

AIF

•Has organised German courses for all recognised refugees and subsidiary protection holders since 2021, from literacy training up to C1 level, and since 2022 also for displaced persons from Ukraine. In 2023 more than 66,500 places were available.

•Has offered career platforms since 2022 to support immigrants holding a residence permit and valid work permit for Austria in entering the labour market. In the course of visits to businesses, presentations of businesses and recruiting interviews job seekers possessing still little knowledge of German are brought together with selected businesses requiring staff (by the end of 2023 a total of 65 appointments with more than 6,000 participants).

•Has supported women migrants in entering the labour market under the COMPASS – Career Paths for Women Immigrants mentoring programme since 2022, including by providing application training and coaching (a total of 180 attendees in two rounds).

•Has offered integration services for skilled workers and broad counselling and support services for foreign skilled workers and their relatives since 2023 (as provided for by the Government Programme 2020–2024): online seminars for skilled workers abroad who are interested in working in Austria; personal counselling (nationwide at the integration centres or digitally) on working and living in Austria; offers to learn German (digitally or directly at the course provider).

118.Highly qualified migrants often had to face the obstacle of recognition of their qualifications obtained abroad when trying to enter the labour market. The Recognition and Evaluation Act (Anerkennungs- und Bewertungsgesetz, BGBl. I No. 55/2016 as amended) therefore contains provisions regulating the recognition and the nostrification procedure. A regulation for recognised refugees and subsidiary protection holders is intended to ensure that persons who have lost their education documentation during flight will have access to recognition proceedings. According to recent statistical data a total of 13,302 applications for recognition/evaluation were filed between 1 October 2022 and 30 September 2023. Thereof 8,256 persons received a positive recognition/evaluation. Since 2013 contact points assist persons holding foreign qualifications in recognition proceedings and answer their questions regarding recognition and evaluation. In the last years the demand remained constantly high. In 2023 some 9,500 persons nationwide received advice, and roadshows were organised for specific professional groups.

119.Illustrative measures implemented by the Länder:

•Salzburg: 2018/19 participation in the EU project “FIER – Fast track integration in European Regions”, which aimed at developing instruments and strategies for quick integration of refugees and asylum seekers into the labour market (s. www.journey-integral.at).

•Styria: free, multilingual education information and counselling for adults under the “Education Counselling Austria” initiative until 2019.

120.Studies have shown that Roma are affected more strongly, above all by long-term unemployment. The Austrian Roma Strategy therefore aims at integrating Roma into the Austrian labour market. Measures to that end were funded under Austria’s Operational Programme implementing the European Social Fund 2015–2022. Due to the special directive on Roma Empowerment for the Labour Market (s. para. 19), which is funded out of the Austrian labour market budget, an annual budget of € 1.25 mill. will now be available. Civil society was asked to submit projects which would be developed and implemented with the involvement of members of the Roma community. Examples of those one-to-two-year projects, some of which ran until the end of 2024, are:

•OPRE ROMNJA – Los geht’s! career counselling centre in Vienna: provides advice on suitable occupations and helps participants to find a job.

•EMRO – Empowerment for Roma – in Graz: counselling, empowerment, upskilling and job placement.

•VA A VA – Hand in Hand – in Salzburg: counselling, help with administrative errands and job placement.

•PRADO DROM – Mein Weg zum Erfolg in Oberwart/Burgenland: career counselling, help with public authority contacts, upskilling and job placement.

121.Art. 11 (1) ECHR guarantees the right to form and to join trade unions without restriction to specific professional groups.

122.As to the right to housing s. paras. 9 and 20. As to non-discriminatory advertising of housing s. No. 15 in the annex.

123.A long-term study of ETC Graz (commissioned by the Styria Antidiscrimination Office) has addressed non-discriminatory implementation of the right to reasonable housing in Styria. A study of SORA Institute (commissioned by the GAW) has addressed discrimination due to ethnicity in connection with finding a home.

124.As part of the Austrian Roma Strategy camping locations (Durchreiseplätze) for nomad Roma have been set up (e. g. one in Linz).

125.The statements in the previous report (paras. 77–80) and in the Core Document (para. 197 et seq.) on the right to health and social security are amended as follows:

126.The Health Targets for Austria, which were developed in a broad process, constitute the framework for an overall policy to promote health. The second health target is“to promote fair and equal opportunities in healthcare irrespective of gender, socio-economic group, ethnic origin and age”. Recently the process of health targets has increasingly been interlocked with the Health Promotion Agenda (Agenda Gesundheitsförderung), which is a (strategic) priority of the BMSGPK and has been embedded in Gesundheit Österreich GmbH with three competence centres (Climate and Health, Health Promotion and Health System, Future Health Promotion), which have been entrusted with implementation of concrete activities and projects. The overarching goals of the two processes are the same. The Agenda is a central implementation strategy of the Federation intended to achieve the Health Targets for Austria and also carries out projects which promote equity in health. From 2021 to 2023, for example, good health information for people with migration background was developed.

127.In connection with the ninth health target of “promoting psychosocial health in all population groups” a group of exerts was set up in 2016 who provide psychosocial support for people with migration background. Their focus is on networking among experts and a sustainable exchange of experiences and knowledge. The group of experts saw the need for adequate and low-threshold access to native-language counselling for people with a flight or migration experience, which increased due to the COVID-19 pandemic. This is why, in 2021, possible low-threshold offers of psychosocial counselling were identified, put down in a framework concept, and a survey of psychosocial services for people with a refugee or migration background was carried out in Austria. Multilingual explainer videos on mental and psychosocial health, which are available online, inform people who have mental issues and may have arrived in Austria only recently about support services in the health sector and encourage them to turn to the relevant providers.

The BMSGPK has funded

•The “Health Hub” project of the Association for Interculture, Conflict Management, Empowerment, Migration Support, Education and Work, which addresses migrants The RESET I, II and III projects for adults, adolescents and children who have a refugee or migration background and are affected by violence, which have been coordinated by “asylkoordination österreich” and implemented by partner organisations nationwide, since 2021 with up to € 1 mill./year. The aim of the multilingual programme, which specialises in posttraumatic disorders, is to strengthen and enhance emotional control, frustration tolerance, self-esteem, sense of self-efficacy, stress management, social competences, establishing of new contacts, and coping with everyday life.

•In 2022 who lack good access to health knowledge via existing information channels with over € 130,000. It promotes psychosocial health and health competence through outreach work, workshops and empowerment groups, provides orientation in the Austrian health system and contributes to successful intercultural interaction in the health sector and in child and youth support services by means of excursions, buddy schemes, culture interpreters and expert forums. Empowerment counselling centres promote professional integration of migrants into the health sector.

128.Since 2011 a Children’s Health Strategy (since 2012: Children’s and Adolescent’s Health Strategy) has been in place featuring 20 targets in five areas and a comprehensive catalogue of measures (which has been revised several times). Numerous measures, especially for children with migration background, have been taken to achieve the fourth target of “promoting equal opportunities of socially disadvantaged persons”.

129.Since 2017 the Action Plan on Women’s Health has been in place, objective 5 of which provides for measures to improve equal opportunities in healthcare for socio-economically disadvantaged migrant women.

130.From 2013–2014 the “Patient Safety Platform” carried out the “Video Interpreting in the Health Sector” project with the Institute of Ethics and Law in Medicine and the Ministry of Health. Specially trained interpreters for Turkish, Bosnian, Croatian, Serbian and sign language were available for video interpreting from 6 a.m. to 10 p.m. every day. The accompanying scientific study examined whether video interpreting constitutes added value for healthcare staff and patient safety and leads to cost reduction in the health sector. The system is still in use.

131.The Vienna pilot project “breast screenings” (s. para. 78 of the previous report) was migrated into the nationwide social security programme for early detection of breast cancer.

132.A 2015 study on Roma and health showed, inter alia, that the health competence of Roma should be strengthened, that there is a need for interpreting and mediation services in the health sector and that more Roma should be integrated as staff into healthcare facilities and health insurance institutions.

133.On the BMSGPK-website multilingual brochures and forms are available on different health topics.

134.In 2019 the Principles of Social Aid Act (Sozialhilfe-Grundsatzgesetz, BGBl. I No. 41/2019 as amended) entered into force, which replaced the means-tested minimum income scheme. In 2022 a total of 254,149 persons received social aid or benefits under the means-tested minimum income scheme. 42.8 % of the recipients were Austrian nationals (2021: 44.7 %). In 2022 on average more than one third (39.7 %) of the recipients were recognised refugees (34.9 %) or subsidiary protection holders (4.8 %).

135.Access to public healthcare for persons belonging to marginalised and disadvantaged groups, above all Roma and migrants, is ensured insofar as those who receive core benefits of social aid also have health insurance. Asylum seekers have health insurance under the basic care scheme. Due to the changeover to social aid, subsidiary protection holders may either receive basic care or social aid which does not exceed the level of basic care. In both cases the benefits include health insurance.

Illustrative Länder-measures in the health sector:

•Styria and Salzburg fund organisations that take measures promoting the health of refugees and migrants.

•Vienna: numerous measures, above all for socially disadvantaged persons under the Vienna Programme for Women’s Health and the strategy promoting equal opportunities in healthcare within the scope of the Health Targets for Vienna. The FEM Med women’s health centre, which was opened in 2023, offers medical advice, above all for socio-economically disadvantaged women, and supports or facilitates connections to the healthcare system.

136.The statements on the right to education in the previous report (paras. 12 et seq., 81 et seq.) and in the Core Document (para. 26 et seq.) are amended as follows:

137.The overarching goal of Austria’s education policy is to provide all children with equal opportunities for best possible education. For this purpose the Austrian school system is undergoing continuous enhancement, currently within the educational reform process. To warrant inclusive, fair and high-quality education, the educational reform process ranges from early childhood education to completion of secondary level IIc. Aims include equal opportunities in access to education, individualisation, inclusion, and skills orientation, as well as attaining the highest level of education possible. Children are to receive individualised support in line with their diverse social backgrounds, their abilities, and their special needs, and to be provided with optimal assistance when it comes to transitioning from one school level to the next. In this context the BMBWF is taking measures in the following areas: strengthening of basic skills and cultural techniques; increased fostering of potential and talent; strengthening of equality efforts; implementation of an advanced and uniform quality management system at all levels of the school system; further development of the school system based on insights gained from the COVID pandemic. The central focus of the new curricula for 2023 is therefore an improved transition from institutions of elementary education to school and from the primary level to secondary level I, an enhanced permeability in the Austrian education system, and securing a sustainable development of curricular and cross-curricular competences as the basis for educational success.

138.In 2010/11 the free-of-charge, compulsory kindergarten year for five-year-olds was introduced, which means that in the year preceding compulsory schooling all children must attend an institution of elementary education for 20 hours/week. This measure contributes substantially to equal opportunities and a positive educational career. In 2022/23, 30.9 % of children under three (2020/21: 33.9 %) and 32.4 % of children aged three to six (2020/21: 31.2 %), attending an institution of elementary education had a first language other than German. Through targeted language support in institutions of elementary education children shall acquire the language skills they need to follow school instruction. Qualified staff of early-childhood education facilities assess language support need, using standardised screening forms for German as a first or second language.

139.In order to improve education opportunities and integration of pupils with migration backgroundpupils of the primary and secondary levels who are not able to follow the lessons due to insufficient knowledge of German are taught in separate German support classes or German support courses in parallel with regular classes since the school year 2018/19 (Section 8h of the School Organisation Act (Schulorganisationsgesetz), BGBl. No. 242/1962 as amended by BGBl. I No. 35/2018). Their objective is to enable early and intensive learning of German, the language of instruction, so that pupils can be taught together in class as soon as possible according to the curriculum of the relevant type of school and grade. According to Statistics Austria 13,074 pupils attended German support classes in the school year 2020/21. In the subsequent school year 2021/22 37.2 % thereof changed to regular classes as ordinary pupils as they had acquired sufficient knowledge of German. Another 34.5 % were able to leave the German support classes as well but attended German support courses of six lessons per week in parallel to regular classes. In the school year 2020/21 only 22.4 % had not acquired sufficient knowledge of German to be able to leave the German support classes. Results of an academic evaluation of that model to promote German language skills, which was carried out on behalf of the BMBWF, show potential for optimisation.

140.Since 2016 “mobile intercultural teams” have been assisting with the integration of refugee children. Those teams are comprised of professionals from different areas of psychosocial support and possess the necessary foreign language skills.

141.In 2019 the School Ombud Office was established at the BMBWF to deal with discrimination in the school sector and in school administration. Special support offers are available for displaced persons from Ukraine.

142.In 2017 a training obligation for young persons, i.e. adolescents who have completed compulsory schooling, has been enacted. They must undergo compulsory education or training or any measure preparing them for that until they have attained the age of 18 (Compulsory Training Act (Ausbildungspflichtgesetz), BGBl. I No. 62/2016 as amended). The goal is to provide adolescents who risk to break off their educational career early with a minimum of vocational and school qualification to avoid late effects of a lack of qualifications, which are difficult to remedy from the perspective of labour market policy. A study on compulsory education and training carried out in 2019 shows that the measure contributes to fair opportunities, has a clear economic benefit and helps adolescents with a migration background to benefit more than others. In 2023 some 4,000 adolescents who had wanted to break off their education were reintegrated through counselling and support and through education and training, respectively.

143.Under the “Adult Education Initiative” there have been free offers of basic education and for completing compulsory schooling since 2012 (2015–2017: 21,800 attendees in the basic education part and 6,150 attendees who took courses for completing compulsory schooling). Especially migrants make wide use of this Federation-Länder-initiative (2015–2017: approx. 84 %).

144.A 2015 study on the situation of education and training of Roma in Austria indicates a lower level of formal education of Roma compared to the general population. However, across generations the education level has increased in autochthonous Roma populations. The Austrian Roma Strategy therefore aims at further increasing the educational development of Roma in school and adult education. Roma should primarily benefit from structural measures under an inclusive educational policy. The following supplementary measures are in place which specifically address Roma:

•Learning support programmes: Vienna offers a learning support project for socially disadvantaged Roma children within the compulsory schooling age range. In Burgenland the association Roma-Service offers tutoring.

•Bilingual and native-language teaching: in Vienna there are four teachers for supplementary native-language teaching. Burgenland maintains a Romani class of 20 children. In recent years the number of pupils has risen constantly. Regional language portfolios and competence descriptions have been created for all ethnic group languages, including Romani.

•Use of Roma school mediators: in Vienna two Roma school mediators act as an interface between teachers, pupils and parents. They assist children with studying, help teachers understand the cultural background and the situations of Roma children, and parents to develop a positive attitude towards school.

•Inclusion of Roma representatives in the minority schooling forum.

145.In addition, digital educational materials are created for Romani, e.g. through “Forum4Burgenland”, which was established at the Private University of Teacher Education (hereinafter: PPH) Burgenland for the Burgenland ethnic group languages in order to intensify and institutionalise cooperation of PPH Burgenland, the Board of Education and the Burgenland ethnic groups of Hungarians, Roma and Burgenland Croats.

146.PPH Burgenland and the University of Teacher Education Carinthia provide supplementary courses in the ethnic group languages of Croatian/Burgenland Croatian, Hungarian and Slovenian in accordance with the Minority School Act for Burgenland and the Minority School Act for Carinthia, respectively.

147.Adolescents who find no apprenticeship place benefit from the subsidisation of apprenticeships in companies (betriebliche Lehrstellenförderung), such as, e. g.:

•Support such as courses for apprentices with learning difficulties, preparatory courses for the final apprenticeship exam, apprenticeships for adults;

•“Coaching and counselling for apprentices and businesses offering apprenticeships” pilot project: coaches help apprentices with job-related and personal problems;

•Bonuses for training apprentices from non-business training institutions (überbetriebliche Ausbildungseinrichtungen).

148.Training for an extended period of apprenticeship or a partial qualification pursuant to Section 8b of the Vocational Training Act (Berufsausbildungsgesetz, BGBl. No. 142/1969) (s. paras. 81–82 of the previous report) is continuously increasing (2022: 8,422 persons; 2021: 8,375; 2020: 8,314; 2019: 8,213; 2018: 8,045; 2017: 7,702; 2016: 7,163; 2015: 6,787; 2014: 6,475; 2013: 6,152; 2012: 5,741), which underlines how important this model is for disadvantaged adolescents in dual education.

Illustrative Länder-measures in the educational sector

•Vorarlberg: “More Language” project to increase also the native-language competence of children and adolescents.

•Vienna: promoting multilingualism of children in some educational and care institutions through multilingual kindergarten teachers and qualified support staff. Institutions of elementary education in Vienna are free for all children until they start compulsory schooling.

•Styria: The Future.Education.Styria educational initiative funds educational measures (literacy training, basic education, completing compulsory schooling at a later stage in life) for young refugees beyond the compulsory school-age range, independent of their legal status; the “talk.together” project aims at preventing discrimination due to language barriers at primary schools; the “learn.together – dealing with diversity in Styrian compulsory schools” project has been designed to enable compulsory schools to deal with diversity professionally.

•Lower Austria: intercultural staff specially trained in language support and integration work in kindergarten.

149.As to the right to participate in cultural life para. 87 of the previous report must be amended as follows:

150.Participation in cultural life without discrimination is promoted, above all by measures enabling low-income persons access to cultural events independent of their origin (e. g. “Hunger for Art and Culture”, a special campaign of currently eight Länder). Participation in the cultural and artistic process is an express goal, for example of the Styrian Culture and Arts Promotion Act 2005 (Steiermärkisches Kultur- und Kunstförderungsgesetz 2005, LGBl. for Styria No. 80/2005 as amended).

151.At federal and Länder level, above all the following measures to promote cultural activities of persons protected under the Convention have been taken:

152.The BKA funds under the ethnic groups funding scheme (s. para. 19) also (inter-)cultural projects with an ethnic groups-specific content or which are offered in an ethnic group language or bilingually or which benefit the coexistence of ethnic groups. On the occasion of the 100th anniversary of the Carinthian referendum the Federation made available € 4 mill. for projects to promote measures building trust, good and peaceful coexistence in diversity, and community life as well as the economic and cultural development of the municipalities and the region for 2020–2024.

•The BMEIA funds the “Together/Skupno” seminar series on the present state and future of the Slovenian minority.

•The BMKOES funds:

•The “Diverse Stories” script development programme of Witcraft Szenario OG, which addresses authors with an intercultural background;

•Hermagoras Publishers, the objective of whom is to promote the language of the Slovenian minority and to strengthen the multilingual identity of Carinthia and its neighbouring regions;

•Drava Publishers – Založba Drava GmbH, which, among other things, provides a platform for literary, academic and popular-science works related to the Slovenian language and Slovenian culture in Carinthia.

•Vorarlberg: artistically inclined migrants and cultural associations may implement cultural projects and activities in connection with the “Culture of and by Migrants” funding focus.

•Styria funds the culture programme of the Association Artikel-Vll-Kulturverein Steiermark-Pavelhaus, which was founded in 1988, inter alia to implement the rights of the Slovenian-speaking population embodied in Art. 7 of the State Treaty for the Re-establishment of an Independent and Democratic Austria (Staatsvertrag betreffend die Wiederherstellung eines unabhängigen und demokratischen Österreich, BGBl. No. 152/1955 as amended); in 2020 Styria funded the Arts and Sports against Racism campaign of the Styria Antidiscrimination Office.

•Carinthia funds cultural activities of the Slovenian minority in accordance with the Carinthian Culture Promotion Act (Kärntner Kulturförderungsgesetz, LGBl. No. 71/2018 as amended) and related Carinthian Guidelines for granting subsidies under the Art Promotion Act by granting subsidies to Slovenian cultural institutions/projects consisting largely of Slovenian and/or bilingual programmes, and scholarships/cultural awards for members of the Slovenian minority.

153.As to access to media and establishing their own media by persons protected by the Convention the following is reported:

•In Carinthia, the Austrian Broadcasting Corporation (hereinafter: ORF) and Radio AGORA 105.5 broadcast an information and entertainment programme in Slovenian. Since 2009 the Ethnic Groups Editorial Office of the regional ORF studio for Burgenland has been in charge of providing all ethnic groups living in Eastern Austria with media reports and produces programmes for Burgenland Croats and Croats in Burgenland, for Hungarians in Vienna and Burgenland, for the Czech and Slovak populations in Vienna and for Roma in Burgenland and Vienna. The ORF online platform features separate channels for all recognised ethnic groups. Breaking news, event information and programme content is provided in the relevant ethnic group language and in German. All radio programmes for ethnic groups are available as a live stream and on demand. Since 2022 the “wir” broadcast format has been offered in all six ethnic group languages.

•Two weekly journals are published for the Slovenian and the Croatian ethnic group each. Every two weeks a print medium is published for the Czech ethnic group. The BMKOES funds publications of ethnic groups, e.g. the periodicals “Stimme” by Initiative Minderheiten and “Romano Centro” by the Roma ethnic group by paying printing costs contributions and subsidies for events.

•Since 2021 the ethnic groups funding scheme’s approach has been to finance for each ethnic group one leading medium nominated by the ethnic group advisory boards. The funding budget has been € 850,000/year since 2022.

•In 2022 Carinthia organised the European Football Championship of the autochthonous national minorities in Europe supported by Carinthia and the ethnic groups funding scheme (Europeada 2020).

154.As to access to public places or services para. 87 of the previous report must be amended as follows:

155.In 2012 the prohibition of discrimination in Art. III (1) No. 3 EGVG were made stricter. Now it no longer decisive that a person is unjustifiably being discriminated against or denied access to places or services solely because of their race, colour, national or ethnic origin, religious belief or disability. The criterion for an administrative offence is met if the person is (also) discriminated against because of their race, etc. Thus, defence to the effect that the discrimination was committed not solely for, e. g., racial reasons no longer leads to impunity.

II.Information by relevant groups of (potential) victims

A. Information on the enjoyment of rights

156.See the Integration Report mentioned in para. 3, the Core Document and the statements on Art. 5, I.

B.Racial discrimination mixed with other causes of discrimination

157.As to multiple discrimination para. 89 of the previous report is amended as follows:

Counselling requests regarding multiple discrimination received by the GAW

	2016	2017	2018	2019	2020	2021	2022	2023
Total cases	74	92	108	100	81	120	173	150
Thereof women	52	53	65	55	42	77	111	107
Thereof men	7	22	13	21	39	41	51	37

158.2022–2023 the GBK Senate I received 18 requests regarding multiple discrimination on the grounds of gender and ethnicity. The caseload is published in the Equal Treatment Report of the Private Sector every other year.

Article 6

A.Information on measures (questions 1–5)

159.As to legal protection mechanisms s. the Core Document (para. 135 et seq.). As to recent decisions in cases of racial discrimination s. para. 56.

160.Since 2014, as a significant novelty in terms of legal protection against administrative action, every administrative decision and acts of direct administrative power of command and enforcement may be appealed against before an administrative court, which will review and decide on the merits of the case. Appeals against administrative court decisions may be lodged with the Supreme Administrative Court (Verwaltungsgerichtshof, hereinafter: VwGH). The VfGH may be called upon for alleged violations of individual rights guaranteed by the Constitution (e. g. a violation of the BVG Racial Discrimination) by a decision of the administrative courts. Accordingly, administrative acts are directly subject to review by independent courts, which, above all, makes the enforcement of human rights easier and more effective.

161.As to the support of victims of discrimination paras. 91–94 of the previous report must be amended as follows:

162.The GAW, e. g., engages in comprehensive public relations to provide potential victims of discrimination with information. On its website it publishes recent examples, via Instagram it provides low-threshold access to legal information, and it commissions studies, which are usually covered by the media. Since 2015 the helpline against discrimination and intolerance has informed persons affected by discrimination about the complaints office in charge of their case (2023: 114 calls and emails; 2022: 97 calls, 2021: 105 calls, 2020: 57 calls). The BMSGPK and the Länder provide information material (including online). S. also No. 6 in the annex.

163.Since 2017 legal aid may be granted not only in administrative criminal proceedings but also in general administrative proceedings.

164.Improving victim protection (designing and securing procedural rights for victims, helping victims in their desire for compensation, providing protection against secondary victimisation by the prosecution) has been in recent years at the centre of numerous legislative measures, including:

•The Act Amending the Law of Criminal Procedure I (Strafprozessrechtsänderungsgesetz, hereinafter: StPRÄG) of 2016, BGBl. I No. 26/2016: in particular expanding the definition of victim to include persons whose personal dependency may have been abused through a wilfully committed offence, and other dependents of a person whose death was caused by an offence; right to a written confirmation that a report was made to the police, and a duty of the public prosecutors’ office to forward reports made by a victim residing in Austria of an offence committed in another EU Member State to the competent national authorities of that State ex officio.

•StPRÄG 2018, BGBl. I No. 27/2018: enlarging the group of persons eligible for court assistance to include victims of terrorist offences (Section 278c StGB).

•Protection against Violence Act 2019 (Gewaltschutzgesetz 2019, BGBl. I No. 105/2019): further improvement of victims’ rights in criminal procedure by clarifications in the Code of Criminal Procedure (Strafprozessordnung, hereinafter: StPO) (e. g. the right to information, to a free-of-charge confirmation that a report was made to the police and to a record of interrogation, the right of certain victims or witnesses to be questioned separately in a considerate and sensitive manner) and by amendments to the Criminal Records Act (Strafregistergesetz) and the Erasure of Convictions Act (Tilgungsgesetz) (e. g. “excerpt from the register of convictions for purposes of nursing and care”).

•HiNBG: revision of court assistance in criminal proceedings; enlarging the eligible group of persons to include:

•Victims of stalking (Section 107a StGB), continued harassment by way of telecommunication or a computer system (Section 107c StGB) and incitement (Section 283 StGB) (Section 66b (1) (c) StPO);

•Victims of slander (Section 111 StGB), accusation of having committed a criminal offence for which the sentence has been served (Section 113 StGB), insult (Section 115 StGB) or defamation (Section 297 StGB) if committed by way of telecommunication or using a computer system (Section 66b (1) (d) StPO), and

•Minor witnesses of violence in the immediate social environment (domestic violence, violence against children) (Section 66b (1) (e) StPO).

165.For victims of typical “online hate speech” offences (slander committed by way of telecommunication or using a computer system, accusation of having committed a criminal offence for which the sentence has been served) also:

•Easier search for the defendants (Section 71 StPO);

•General exemption from reimbursement of the costs of criminal proceedings initiated by way of private prosecution if the case does not end in a verdict of guilty (Section 390 (1a) StPO).

166.46 victim support organisations contracted by the BMJ provide court assistance services for victims with or without migration background. Some of them specialise in specific groups of victims (e. g. child protection centres, violence protection centres, women’s shelters and men’s counselling services). In 2023 a total of 11,554 victims were given court assistance (the BMJ paid the related costs of approx. € 11.6 mill.). The BMJ Court Assistance Information Folder (available in printed form at the public prosecutors’ offices, in courts, police stations and victim support centres) provides victims with information in 26 languages on the various options in terms of compensation payments and court assistance, and helps them find a suitable court assistance service. The BMJ-website also offers comprehensive, up-to-date information for victims and authorities, organisations and persons who work in the field of victim support and victim protection. Since 2023 the BMJ-funded victims’ helpline can be reached on working days between 8 a.m. and 8 p.m. free-of-charge. A team of psychologists and psychosocial and legal counsellors advises some 10,000 victims a year.

167.Currently, expanding sheltered housing for violence-affected women and their children is a priority task. Therefore, a total budget of € 12 mill. has been made available from the federal budget for women and equality for a period of four years under an agreement pursuant to Art. 15a B‑VG for expanding, in particular temporary housing. By the end of 2025 a total of 180 additional places are planned to be available.

168.As an example at Länder level it can be reported that Vienna has a tight victim protection network (24/7 women’s emergency helpline, five women’s shelters offering 228 places, and numerous associations engaged in anti-violence and victim protection work).

169.Since 2020 in the context of reporting bias-motivated offences (hate crimes) prejudice motives have systematically been recorded in the police recording system according to 9 categories (age, disability, gender, colour, national/ethnic origin, religion, sexual orientation, social status, belief) and their subcategories and published both in security reports as part of the Police Criminal Statistics and as separate status reports. In the databases of the justice administration such cases are marked by means of a joint interface. Starting from April 2024 the general “VM” (Vorurteilsmotiv, prejudice motive) code of the justice administration has been broken down into specific prejudice motives (such as hatred against foreign nationals, women, Muslims, etc.). These new offence codes are currently being entered manually by the responsible decision-making officers. It is planned that, starting from the end of 2024, the new offence codes will be transferred automatically together with police reports to the justice administration; from that time onwards the decision-making officers will be obliged to enter the offence codes. An e-learning programme of the BMI, which is compulsory for members of the police and provides regular online and personal training for the entire police force, has been available to justice system staff in an adapted form since 2022 as well.

170.As to the question of whether national human rights institutions are authorised to hear and consider individual complaints s. para. 18.

171.Sanctions imposed for discrimination on grounds of ethnicity (Section 17 et seq. B‑GlBG, Section 26 GlBG, e.g. for the Länder Section 18 et seq. K-LGlBG 2022, Section 21 et seq. and Section 31 et seq. StLGBG 2023), vary by offence: pecuniary damages or bringing about a non-discriminatory status and (in both cases) additional non-pecuniary damages for the personal harm suffered. The amount of such damages for personal harm suffered must be calculated to the effect that actual and effective compensation will be provided for the impairment, that the compensation will be adequate considering the harm suffered and that discrimination will be prevented (s. also para. 15). Multiple discrimination must be taken into account when calculating the amount of compensation for personal harm suffered. In the case of harassment the person affected is entitled to damages. If the disadvantage consists not only in a pecuniary loss, the person affected will be entitled to reasonable damages and at least to € 1,000 as compensation for the personal harm suffered.

172.Examples of court decisions granting legal protection against racial discrimination:

•Tyrol Regional Administrative Court, LVwG-2021/17/1058-4 of 7 February 2022 (damages of € 100);

•Regarding establishing an employment relationship and harassment: OLG Vienna 9 Ra 117/17t of 17 May 2018 (damages of € 1,500);

•Regarding terminating an employment relationship: OLG Vienna 10 Ra 105/17k of 21 December 2017, OLG Linz 12 Ra 92/15h of 11 January 2016 and OLG Vienna 7 Ra 25/15a of 28 April 2015 and OGH 9 ObA 40/13t of 24 July 2013 (in each case termination was declared legally ineffective);

•Regarding other working conditions and harassment: OLG Innsbruck 15 Ra 13/17z of 14 March 2017 (damages of € 1,500), LG Salzburg 18 Cga 133/14t of 11 November 2016, OGH 9 ObA 21/12 of 27 February 2012 and Vienna Labour and Social Court 4 Cga 82/11 of 6 February 2012;

•Regarding access to/supply with goods or services: VwGH Ro 2017/03/0016 of 24 April 2018 (damages of € 550), Vienna Regional Civil Court 36 R 292/15f of 10 December 2015 and Linz District Court 8 C 1467/12t of 16 August 2013 (damages of € 1,000).

173.As to the burden of proof in cases of discrimination s. para. 97 of the previous report.

B.Declaration under article 14

174.See para. 102 of the previous report.

Article 7

A.Education and teaching (question 1–5)

175.As to human rights education in the school sector paras. 103–106 of the previous report are amended as follows.

176.Political education in Austrian schools is based on three pillars: it is (1) embodied in the curricula as a separate subject or as a combination or interdisciplinary subject, (2) effective within the framework of school partnership and legal representation of pupils and (3) an interdisciplinary principle of teaching in all grades. In 2015 the BMBWF revised the internal instruction on “political education at schools”. It describes contents and implementation of the principle of political education, the core elements of which are human rights education and overcoming prejudices, stereotypes, racism, xenophobia and antisemitism.

177.Teachers regularly attend training on human rights education in everyday school life, where teaching approaches are presented and interest in that topic in a schooling context is triggered.

178.As to teaching materials paras. 107–110 of the previous report must be amended as follows:

179.Now expert opinions on approving teaching materials must include findings as to whether a teaching material, inter alia, reflects the objective of gender equality and antidiscrimination (s. Section 9 (1) No. 1 (i) of the Regulation on the Expert Commissions for the Approval of Teaching Materials (Verordnung über die Gutachterkommissionen zur Eignungserklärung von Unterrichtsmitteln), BGBl. No. 348/1994 as amended).

180.Examples of special teaching materials on the history and culture of ethnic groups living in Austria:

•The purpose of the touring exhibition on “The minority school system in Austria – language diversity with a history” is to strengthen the identity and awareness of the history of minorities in Austria and to point out the opportunities resulting from the ability to communicate in several languages.

•The learning website “romasintigenocide.eu” provides information on the genocide of the Roma and Sinti during World War II and on recent commemorative cultures; the website, which is also available in two Romani languages, is funded by the BMBWF and maintained by ERINNERN:AT, the BMBWF holocaust education programme which is being implemented by OeAD – Agency for Education and Internationalisation. ERINNERN:AT also offers seminars on this topic, which was its topic of the year 2024.

181.In Salzburg, certain media, objects and services likely to harm the physical, mental, moral, character or social development of children or adolescents must not be made accessible to children and adolescents (Section 37 of the Salzburg Youth Act (Salzburger Jugendgesetz), LGBl. for Salzburg No. 24/1999 as amended). Similar provisions apply in Vorarlberg (Sections 13–15 of the Vorarlberg Children and Youth Act (Vorarlberger Kinder- und Jugendgesetz), LGBl. for Vorarlberg No. 16/1999 as amended).

182.(61)As to human rights education of law enforcement officials paras. 111–115 of the previous report must be amended as follows.

183.The AWOD Programme, which has been carried out in cooperation with the Association “NO CHANCE for HATE” since 2021 (previously in cooperation with the “Anti-Defamation League” since 2001) and is specifically adapted to the requirements of the police, is the cornerstone of human rights education of law enforcement officials. It addresses all forms of personal and/or institutional discrimination and serves to enhance skills and competences in dealing with difference.

184.Training curricula regulate basic police training and basic training of team-leading law enforcement officials. Leading law enforcement officials complete an in-service Bachelor programme of six semesters (“Police Leadership”) at Wiener Neustadt University of Applied Sciences. Since 2015 modular competence training has been an essential part of basic police training. The “Human Rights” module consists of 64 units (20 for team-leading officers). Human rights are the guiding principle throughout the training. In addition, the BMI Police Academy, together with external experts and NGOs, offers regular in-service lectures on human rights.

185.In train-the-trainer courses full-time teachers and law enforcement officials have been trained to be human rights trainers.

186.See also paras. 16 and 31, and No. 13 in the annex.

B.Culture (question 1–3)

187.Reference is made to paras. 116–118 of the previous report.

C.Information (question 1–5)

188.See the previous report (para. 119 et seq.) on ORF, the Austrian Press Council and the Austrian Advertising Council. For details on ORF programme focuses in the reporting period s. the relevant Annual Report of ORF.