Human Rights Committee

Sixth periodic report submitted by Austria under article 40 of the Covenant, due in 2025 * , **

[Date received: 4 August 2025]

A.General Information

As to issue 1 of the list of issues prior to reporting(CCPR/C/AUT/QPR/6)

Implementation measures

1.The recommendations in the Committee’s concluding observations were discussed at the regular meetings of the human rights coordinators of the federal ministries and the Länder (regions). The implementation measures are presented below in answer to the respective questions of the Committee.

Mechanisms for implementing “views”(recommendations 7 and 8 of the concluding observations)(CCPR/C/AUT/CO/5)

2.The Austrian Federal Chancellery (Bundeskanzleramt – BKA) publishes all of the Committee’s views concerning Austria and their German translation on its website. If the Committee identifies a violation of the Covenant, the BKA and the Federal Ministry for European and International Affairs (Bundesministerium für europäische und internationale Angelegenheiten – BMEIA), together with the competent federal ministry, Land or municipality, examines whether and what sort of remedial measures should be taken. This may require both administrative and legislative measures. The Austrian Ombudsman Board (Volksanwaltschaft – AOB) and other ombudspersons mediate between applicants and government agencies. Austria regularly reports to the Committee on implementation measures.

B.Specific Information

As to issue 2(recommendations 5 and 6)

Measures to implement the Covenant

3.Although the Covenant is not directly applicable in Austria, it can be assumed that the rights it guarantees are already largely implemented by law in Austria.

Measures to disseminate the Covenant

4.Basic and human rights are part of the training of judges and public prosecutors, including:

•Compulsory module “Fundamental Rights Curriculum”: deals with the Covenant; organised with the Ludwig Boltzmann Institute of Human Rights Vienna, the European Training and Research Centre for Human Rights and Democracy Graz, the Austrian Institute for Human Rights Salzburg.

•Criminal law courses: deal with relevant criminal offences (e. g. incitement).

•Compulsory “Judicial and Contemporary History Curriculum”: organised by the Higher Regional Courts with the Research Centre for Post-War Justice since 2017, providing basic knowledge on the history of justice in the 19th and 20th centuries (mainly antisemitism, racism, National Socialism) and raising awareness of the political implications of civil and criminal law decisions as well as of hate, bullying and incitement as current phenomena on the internet and social media platforms.

•Compulsory training at a victim protection or welfare establishment (since 2009, duration: minimum 2 weeks).

•Optional study trip to the European Court of Human Rights.

5.Further training of judicial staff on basic and human rights includes:

•Since 2023, the one-day event “Place of Crime – Place of Remembrance – Place of Learning: Excursion to the Mauthausen Concentration Camp Memorial” for judicial and prison staff.

•Judicial and Contemporary history seminar, especially for judges and public prosecutors is held since 2024 as a two-day excursion to Hartheim Castle learning and memorial centre and Gusen and Mauthausen concentration camp memorials.

•Regular seminars for judges and public prosecutors on relevant criminal offences.

•Specialist seminars (mainly family and criminal law) and regular events on the rights pursuant to Art. 2, 3, 7 of the Covenant.

6.Basic and human rights, including the Covenant, are part of the degree programme that all prospective lawyers must complete.

7.The BKA provides the general public with comprehensive, updated information and documents on the Covenant, easily accessible on its website.

8.A selection of judgments relevant for the public and for legal practitioners is available online,such as the decision of 21 September 1995 of the Austrian Supreme Court (Oberster Gerichtshof – OGH), 15 Os117/95, which makes explicit reference to the Covenant.

As to issue 3(recommendations 9 and 10)

AOB and Paris Principles

9.The Global Alliance of National Human Rights Institutions accredited the AOB with A status in 2022, meaning the AOB fully complies with the Paris Principles.

As to issue 3 (a)

Appointing the AOB’s members

10.The three AOB-members are nominated by the three strongest parties in the National Council (Nationalrat) and elected by the National Council. This guarantees democratic legitimacy, essential for a parliamentary democracy. The right of nomination is not subject to conditions, except the constitutional requirement that the members must have knowledge of the organisation and functioning of the administration and in the field of human rights. The AOB is independent in exercising its office (Art. 148a (6) of the Federal Constitutional Act (Bundes-Verfassungsgesetz – B-VG), Federal Law Gazette, Bundesgesetzblatt – BGBl. No. 1/1930 as amended).

As to issue 3 (b)

Composition of the AOB

11.Two of the three members of the Board are women (May 2025), more than 50 % of the AOB’s employees are female. Women hold 62.5 % of executive positions.

As to issue 3 (c)

Cooperation with civil society

12.The AOB regularly cooperates with NGOs. Institutionalised cooperation takes place:

•especially in the constitutionally established Human Rights Advisory Council, whose 34 members and deputies mainly represent NGOs and federal ministries.

•at the annual two-day NGO Forum organised by the AOB, providing a platform to exchange views on human rights issues.

13.The AOB also maintains numerous contacts with NGOs and civil society organisations, such as self-advocates of persons with disabilities, youth and senior citizens’ organisations and the Poverty Conference. A specially established NGO Sounding Board aims to facilitate opinion-forming and coordination. Approximately ten to 15 NGOs meet quarterly with the AOB to identify overlaps in their work and provide information on upcoming initiatives and participation opportunities.

As to issue 4 (a)(recommendations 17 and 18)

Measures against discrimination

Recent legislative measures

14.The 2023 amendment (BGBl. I No. 115/2023) to the Equal Treatment Act (Gleichbehandlungsgesetz – GlBG, BGBl. I No. 66/2004 as amended) clarified that violations of the scope of protection of Directive (EU) 2019/1158 on work-life balance for parents and carers must be treated as discrimination.

15.The 2023 amendment (BGBl. I No. 117/2023) to the Federal Equal Treatment Act (Bundes-Gleichbehandlungsgesetz – B-GlBG, BGBl. No. 100/1993 as amended) also clarified that less favourable treatment related to rights under Art. 11 of Directive (EU) 2019/1158 (such as parental leave, carer’s leave, flexible working) constitutes direct gender discrimination.

16.Protection against discrimination was increased in the antidiscrimination and equal treatment laws of the Länder, including:

•The Styrian Equal Treatment Act 2023 (Land Law Gazette, Landesgesetzblatt – LGBl. No. 46/2023) because now

•Individuals who are disadvantaged or discriminated against due to a close relationship with someone for whom grounds for discrimination exist are also protected.

•The minimum compensation for harassment was increased to € 1,500.

•The assessment of the amount of compensation was specified: it must actually and effectively compensate for the injury, be appropriate to the injury suffered and prevent further discrimination.

•The Vorarlberg Antidiscrimination Act (LGBl. No. 17/2005 as amended by No. 40/2023) because discrimination based on the assertion of statutory or contractual rights in connection with an employment relationship is now also prohibited.

•The Carinthian Equal Treatment Act 2022 (LGBl. No. 70/2021) which ensures protection against discrimination for family carers.

17.The 2024 amendment to the civil service law (Dienstrechts -Novelle 2024 , BGBl. I No. 143/2024) provides for stricter legislation whereby federal employees (“public officials”) are prohibited from discriminating against others on grounds of gender, ethnicity, religion, belief, disability, age or sexual orientation when performing their official duties (see Section 43 of the Civil Servants Employment Act 1979 (Beamten-Dienstrechtsgesetz  1979, BGBl. No. 333/1979 as amended)).

18.The Civil Code (Allgemeines bürgerliches Gesetzbuch – ABGB, JGS No. 946/1811 as amended) was amended in 2023 with the Parentage Law Adjustment Act (Abstammungsrechts-Anpassungsgesetz, BGBl. I No. 180/2023), implementing a judgment by the Constitutional Court (Verfassungsgerichtshof – VfGH) that legal parenthood is linked solely to the fact that the mother and her partner are married or living in a registered partnership at the time of birth. With this and other regulations, same-sex parenthood and paternity were regulated equally to prevent gender discrimination. Regulations on non‑medically assisted reproduction were also adopted and the “third gender” was taken into account.

19.Since the abandonment of the binary concept of gender (see the judgment of the VfGH of 15 June 2018, G 77/2018), gender identity has been recognised, e. g. in civil status law by interpretation and within the B-GlBG and GlBG regarding access to goods and services as falling under the discrimination ground “gender”.

Other measures

20.To further develop protection against discrimination, the Federal Government presented a national strategy against antisemitism early in 2021 with a holistic approach to prevent and combat all forms of antisemitism.

21.The (present) Federal Ministry for Housing, Arts, Culture, Media and Sports (Bundesministerium für Wohnen , Kunst, Kultur, Medien und Sport – BMWKMS) funds to combat discrimination in sport:

•The fairplay initiative at the Vienna Institute for International Dialogue and Cooperation as a service and competence centre for diversity and antidiscrimination in sports. It organises the working groups “Sports and Human Rights” and “Gender and Sexual Diversity”, as a forum for exchange between associations and sports organisations on non-discriminatory access to sports, and produced the handbook “International Sporting Events and Human Rights” in 2021.

•The “Extremism Prevention” project (Austrian Football Association, Austrian Football League – 2022 to 2025). “Lernkurve Stadion” offers educational workshops on extremism and fanaticism, everyday racism and civil courage, integration, violence prevention, homophobia and discrimination.

22.The (present) Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection (Bundesministerium für Arbeit, Soziales , Gesundheit, Pflege und Konsumentenschutz – BMASGPK) funds projects to combat discrimination against LGBTIQ+ people, such as the “queerfacts” workshops in the “Queer topics as prevention of extremism and sexism” project to reduce homophobic and transphobic ideas and promote an open attitude towards antidiscrimination.

23.Marginalised groups such as the Roma are addressed e. g. by “Priority Area 9 – Investing in People and Skills”, coordinated by Austria and others as part of the EU Strategy for the Danube Region, and the “Vulnerable Groups and a Fair Transition” working group.

24.As part of the Austrian Roma strategy, the online teaching material “Romane Thana – Places of the Roma and Sinti”, was elaborated on behalf of the Federal Ministry of Education (Bundesministerium für Bildung) by the Romano Centro association and Wien Museum, to give pupils an insight into the life and history of the Roma and Sinti. The topic of “Genocide against the Roma and Sinti” and information on this in schools was the annual focus of the ERINNERN:AT programme implemented by the OeAD – Agency for Education and Internationalisation in 2024. There were also numerous online teaching materials and events.

25.For persons without Austrian citizenship who reside legally in Austria, the 2017 Integration Act (Integrationsgesetz, BGBl. I No. 68/2017 as amended) requires courses in German and the rule of law and principles (values), free of charge for refugees, to integrate this group of people quickly, i. e. to enable them to participate in social, economic and cultural life.

26.The counselling provided by the Public Employment Service (Arbeitsmarktservice – AMS) ensures non-discriminatory access to the labour market: jobseekers with free access to the Austrian labour market receive the same advice and support services regardless of their social or cultural characteristics, taking into account the labour market policy. There are adapted programmes for certain target groups (persons with disabilities, women, refugees). The AMS must publish non-discriminatory job adverts. All applicants must be given equal opportunities to apply.

27.Other measures regarding labour include:

•Partner income no longer deducted from unemployment assistance as of 1 July 2018 (had a negative impact on women’s independent protection).

•Unemployment insurance for multiple marginal part-time employees as of 1 April 2024: The VfGH found that employees with multiple marginal part-time jobs who earned above the marginal earnings threshold but were not included in unemployment insurance were at an unfair disadvantage to employees who earned above the marginal earnings threshold and were therefore fully insured.

•Accompanying children during rehabilitation stays from 1 November 2023: Unemployed persons can deregister from benefits for up to 4 weeks to accompany children during a rehabilitation stay. They are covered by health and pension insurance and receive carers’ leave benefits during this time.

28.For measures relating to persons with disabilities, see issue 24 (b).

As to issue 4 (b)(recommendations 11 and 12)

Strengthening antidiscrimination law

29.Due to Austria’s federal structure responsibilities and powers are split regarding antidiscrimination law and institutions. The Austrian Federal Constitution divides powers between the Federal Government and the Länder while the BMG 1986 (BGBl. No. 76/1986 as amended) assigns federal powers to the respective ministries. Moreover, equal treatment is an interdisciplinary topic and affects several areas. As such, complete standardisation of equal treatment and antidiscrimination law is neither feasible nor desirable, inter alia due to citizen proximity. Standardisation would also not always be appropriate, as the antidiscrimination law for persons with disabilities shows: this enjoys a special status and, from a disability policy perspective, maintaining legal acts and institutions created specifically for persons with disabilities is advocated as being particularly effective for this very reason.

30.As regards equal protection against all forms of discrimination, Austria is observing corresponding developments at European level (e. g. proposed directive on applying the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientation in areas outside the workplace). As soon as an EU directive with extended protection against discrimination is adopted, it will be implemented in Austria.

As to issue 4 (c)

Measures concerning access to legal protection

31.In the event of discrimination on the grounds of gender, ethnicity, religion, belief, age or sexual orientation under the GlBG or the B-GlBG, the independent Equal Treatment Commissions for the Private Sector or the Federal Civil Service (Gleichbehandlungskommissionen – GBK) (now) established at the Federal Ministry for Women, Science and Research (Bundesministerium für Frauen, Wissenschaft und Forschung) can be called upon. They offer low-threshold, free, and confidential discrimination assessments. No lawyer is required, NGOs may provide representation. At the end of the procedure, the GBK issues an opinion on whether discrimination occurred. Those responsible for a discrimination are urged to end the discrimination. Damages can be claimed in court. Legal aid is available if needed, ensuring effective access to court. Depending on the facts of the case, pecuniary damages or the restoration of a non-discriminatory situation and – in both cases – additional non-pecuniary damages for the personal detriment suffered can be claimed. The amount of non-pecuniary damages must be calculated to actually and effectively compensate for the detriment suffered, be appropriate to the detriment suffered and prevent future discrimination. Likewise, multiple discrimination must be taken into account.

32.Implementation of the EU directives on standards for equality bodies is expected to improve access to justice for discrimination victims.

33.All Länder have institutions (e. g. ombuds offices, independent and autonomous equal treatment commissions, antidiscrimination and equal treatment bodies) offering information, advice and support to those affected by discrimination in pursuing their rights, in some cases recommendations, independent investigations, opinions, networking and public relations and awareness work.

34.To help those potentially affected in determining the right institution for their specific case, the Ombud for Equal Treatment expanded its regional counselling services in 2017. The antidiscrimination hotline on ethnicity and religion set up in 2015 (currently at the BKA) forwarded 89 calls to the relevant authorities between January and August 2024 (2023: 114, 2022: 97, 2021: 105, 2020: 57).

As to issue 5(recommendations 15 and 16)

Measures against hate speech

Recent legislative measures

35.The Criminal Procedure Amendment Act 2024 (Strafprozessrechtsänderungsgesetz 2024 – StPRÄG 2024, BGBl. I No. 157/2024) resulted in 2025 in a further strengthening of the rights of victims in criminal proceedings by:

•Making it easier for victims of “typical” online hate offences to identify perpetrators.

•Extending legal aid to all minor witnesses of violence (not just those socially close).

•Victims can now request that their data be forwarded to a victim protection organisation of their choice.

•Making it possible for victims to request prosecution of an offence, if no investigation proceedings are initiated.

•Relaxing formal requirements for requests for continuation.

36.A comprehensive amendment (BGBl. I No. 177/2023) to the Federal Constitutional Law on the prohibition of the NSDAP (Bundesverfassungsgesetz über das Verbot der NSDAP – VerbotsG, State Law Gazette (Staatsgesetzblatt – StGBl. No. 13/1945 as amended)) entered into force in 2024, which revised and modernised the law to enable a more effective combat against National Socialist activities.

37.The Federal Act on the Promotion of 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 as amended) which entered into force in 2023 and the Press Subsidies Act 2004 (Presseförderungsgesetz 2024), which was amended in 2023 (BGBl. I No. 136/2003 as amended), each contain a provision stipulating (similar to the Journalism Subsidies Act 1984 (Publizistikförderungsgesetz 1984, BGBl. No. 369/1984 as amended) since 2014) that funding can be cancelled if there has been a final conviction for instigation or endorsement of terrorist offences pursuant to Section 282a of the Criminal Code (Strafgesetzbuch – StGB, BGBl. No. 60/1974 as amended) or incitement pursuant to Section 283 StGB or pursuant to the provisions of the VerbotsG.

38.Since 2021, the Federal Act on Measures to Protect Users on Communication Platforms (Bundesgesetz über Maßnahmen zum Schutz der Nutzer auf Kommunikationsplattformen, BGBl. I No. 151/2020) has aimed at ensuring clear responsibilities for platform operators and efficient complaint mechanisms to prevent unlawful content on communication platforms. It was repealed on 17 February 2024 and replaced by the Digital Services Accompanying Act (BGBl. I No. 182/2023), which contains the accompanying national measures to the directly applicable Digital Services Act (Regulation (EU) 2022/2065).

39.The Combatting Hate on the Internet Act (Hass-im-Netz- Bekämpfungs - Gesetz – HiNBG, BGBl. I No. 148/2020) entered into force in 2021, and includes:

(a)Strengthening criminal law protection through:

•Extending Section 107c StGB to cover “ongoing” “cyberbullying”.

•Introducing Section 120a StGB: unauthorised image recordings, in particular upskirting.

•Extending Section 283 (1) no. 2 StGB (incitement) to include dignity violating insults against members of protected groups.

(b)Strengthening civil enforcement of victims’ rights by establishing:

•Fast, low-cost summary proceedings (Section 549 of the Code of Civil Procedure (Zivilprozessordnung), Reich Law Gazette, Reichsgesetzblatt – RGBl. No. 113/1895 as amended) to have contents substantially infringing personality rights in violation of human dignity removed from the Internet and to prevent the sending of such contents via messenger services.

•A claim for injunctive relief and rectification (Section 20 (2) Civil Code) of

•Employers in the event of work-related hateful postings against their employees.

•Associations in the event of activity-based hateful postings against volunteers.

(c)Strengthening victims’ rights in criminal proceedings by:

•Restructuring psychosocial and legal court assistance and extending it to victims of “typical” online hate offences and socially close minor witnesses of violence (Sections 66 ff. of the Austrian Code of Criminal Procedure (Strafprozessordnung – CCP, BGBl. No. 631/1975 as amended).

•Simplifying identification of perpetrators of certain telecom and computer crimes.

•Eliminating the private prosecutor’s obligation to reimburse costs regarding certain telecom and computer offences.

(d)Of protection under media law by:

•Extending identity protection.

•Increasing compensation amounts.

•Extending the six month time-limit for bringing a claim to one year for victims severely affected by a criminal offence, for close relatives of homicide victims, and witnesses thereof.

•Adapting the limitation rules (for criminal liability) for media offences on retrievable online content, e. g. websites.

•Employers and service providers can request content deletion.

•Retractions and publication of judgements can be enforced directly against the host provider.

•Psychosocial and legal court assistance now also available in standalone proceedings regarding claims relating to compensation, retraction and publication of judgments.

Other measures

40.In 2016 the national “ No Hate Speech ” Committee comprised of representatives of federal ministries, counselling centres and NGOs was founded to counteract online hate, raise awareness and support campaigns against hate speech.

41.In 2017 special units for the prosecution of the offence of incitement (Section 283 StGB) and for offences pursuant to the VerbotsG were established (Section 4 (3) of the Regulation on the Implementation of the Public Prosecutors Act (Verordnung zur Durchführung des Staatsanwaltschaftsgesetzes, BGBl. II No. 325/2016 as amended) to handle such cases more efficiently.

42.Guidelines on incitement (Section 283 StGB) have made it easier for law enforcement authorities to deal with hate postings since 2017 (updated 2019), and contain current case law, case examples and legal explanations.

43.Since 2018 persons against whom a criminal case is pending due to discriminatory statements in social media can be ordered to attend the association NEUSTART’s “ Dialogue instead of hate ” programme as part of their probation. It shall help them understand and change their behaviour. The programme is to be completed within six months and tailored to the individual case.

44.The criminal prosecution authorities investigate hate speech without distinction; several criminal proceedings based on racist/discriminatory or inflammatory statements by politicians have been investigated. Depending on fulfilment of the prerequisites, the criminal proceedings resulted in acquittals, dismissals, convictions or diversionary settlement.

45.The Government’s 2025–2029 programme includes a National Action Plan (NAP) against hate crime.

NAP against racism

46.Austria is clearly committed to combating all forms of racism and discrimination. As one example, the funding priority “Prevention of extremism and segregation” (2024) in the field of integration of migrants is intended to prevent low-threshold segregation tendencies and promote the prevention of extremism among young people. 26 integration projects are supported with € 3.97 million, reaching around 12,000 people.

Systematic data collection on hate speech and hate crime

47.Since 2020, the police logging system has recorded prejudicial motives concerning hate crimes according to 9 categories (age, disability, gender, colour, national/ethnic origin, religion, sexual orientation, social status, belief) and their subcategories and published them in the police crime statistics in security reports and as separate annual situation reports.

48.A general labelling for hate crime (prejudice motive) in the justice databases has been adopted via a common interface. Since April 2024, justice databases, include additional bias subcategories matching those in the police databases. Since April 2025, these are added to new cases in automated justice systems and prosecutor files. Since the internal instruction of 9 May 2025, the subcategories in files that have been created since the interface was activated are mandatorily assigned or checked by the judicial bodies.

49.Since 2020, police receive systematic and comprehensive training on hate crimes based on a blended learning strategy, which was honoured with the national e Award in 2021. Following mandatory, certified completion of the online course, the officers receive face‑to‑face training. Since 2020, the Federal Ministry of the Interior (Bundesministerium für Inneres – BMI) has also been continuously intensifying its cooperation with NGOs to combat hate crime and hate speech and its underreporting, including training courses for civil society experts, annual reports and victim information folders in 12 languages. To optimise victim support, the BMI and the Office for Democratic Institutions and Human Rights – ODIHR conducted a comprehensive diagnostic workshop in 2023 with broad participation from support institutions, the police and the judiciary, and a workshop on public campaigns against hate crime and hate speech with the European Commission and 17 participating states. Since 2019, the Basic and Human Rights Department of the BMI has been the National Point of Contact for ODIHR for hate crime (and hate speech) data, training and networking activities (e. g. “No Hate Speech” Committee, Hate Crime Counter Network).

50.Since 2021, the above online course has also been used by judicial officers in an updated version.

As to issue 6 (a)(recommendations 19 and 20)

Legislative measures against racial profiling

51.Pursuant to Section 5 (1) of the Regulation of the Minister of Interior issuing guidelines for the intervention of the public security service (Richtlinien für das Einschreiten der Organe des öffentlichen Sicherheitsdienstes, BGBl. No. 266/1993 as amended), members of the public security service “must refrain from doing anything in performing their duties that is likely to create the impression of bias or be perceived as discrimination on the basis of gender, race or colour, national/ethnic origin, religion, political opinion or sexual orientation”. This provision is very broad as it is based on the subjective perception of discrimination.

As to issue 6 (b)(recommendations 19 and 20)

Training measures against racial profiling

52.As part of basic training, prison staff completes modules on human rights, ethics, diversity, gender mainstreaming and intercultural skills.

53.Law enforcement officers must complete the training module “A World of Difference” as part of their training, held since 2001 with the “Anti-Defamation League” and since 2021 with the NO CHANCE for HATE association. The training covers personal/institutional discrimination and builds skills for dealing with differences. The topic “professional profiling” (vs. racial profiling) has been included since 2012. Additionally, the BMI Security Academy offers ongoing mandatory training and further training on human and fundamental rights and discrimination. The expert group “Racism-critical security authority” was established within the POLIZEI.MACHT. MENSCHEN.RECHTE programme and develops measures on ethnic, racial and social profiling, defines antiracist criteria and reviews training. International best practices are also included.

54.To ensure non-discrimination, diversity is also central to further training for judges and prosecutors. The “Gender diversity” seminar addresses gender identity, stereotypes and discrimination. For further sensitisation, judges can also attend international further training (e. g. ERA, EJTN), giving broader perspectives. The Federal Ministry of Justice (Bundesministerium für Justiz – BMJ) also participates in the programme of the Council of Europe Platform Human Rights Education for Legal Professionals.

As to issue 6 (c)(recommendations 19 and 20)

Procedure in the event of misconduct

55.If racial profiling leads to criminal offences, these are fully prosecuted. Alleged misconduct by prison or police officers is dealt with under service and/or disciplinary law; charges are filed if a crime is suspected.

56.Since the end of 2024, all uniformed police patrols have body worn cameras to record actions to the extent legally permitted. These recordings document official acts where members of the public security service exercise command and coercive power. This helps ensure reliable evidence for courts and authorities.

Statistics

57.Allegations of racial profiling are not separately recorded in statistics. See data on ill‑treatment under issue 12.

As to issue 7(recommendations 13 and 14)

Measures for equal representation of women in the public and private sectors

58.Under the B-GlBG, the ministries and federal supreme bodies are required to issue a women’s promotion plan (Frauenförderplan) in the form of a regulation for a period of six years. Plans must define timelines, staff, organisational, training and further education measures to reduce underrepresentation and discrimination. Women are underrepresented if their share in a function or role is below 50 %. Institutions must then take steps to promote women. Under certain conditions, women with equal qualifications are given preference until gender parity is reached. Additionally, each ministry must set two-year gender targets.

59.The BMJ women’s promotion plan (BGBl. II Nr. 31/2024) defines targets and measures to achieve equality. Personnel and organisational measures to increase the share of women and to eliminate existing inequalities between men and women include e. g. giving priority to equally qualified women when recruiting, giving priority to women in training and further education measures or giving a woman with the same qualifications (compared to a fellow male applicant) priority in career advancement. Other measures aim to improve the compatibility of career and family. Participation in internal training and further education measures must also be possible despite care responsibilities. The BMJ succeeded in significantly increasing women’s share in executive and higher-ranking roles in the judiciary between 2012 and 2024 with the help of the regularly adopted women promotion plans (from 36.25 % to 47.69 % for courts, public prosecutors’ offices and the BMJ; from 26.32 % to 38.33 % for prisons).

60.The BMI women’s promotion plan (BGBl. II No. 35/2024) includes similar measures and led to a significant increase in the share of women. As of 1 April 2025, women make up 32 % of BMI staff (up from 27 % on 31 December 2020) and 26 % of executives (up from 16 % on 6 December 2016). Women hold 57 % of administrative roles.

61.The interministerial working group on equal treatment handles equality issues in federal service. It must meet at least once per year. It is chaired by the Minister for Women.

62.Women’s share in executive positions in the federal service across all the highest pay grades reached an all-time high in 2023 (38.7 %) compared to 2006 (27.7 %). This trend is also reflected in the continuous increase from 2022 (37.5 %) to 2023 (38.7 %). Measures to sustainably support this trend include:

•As part of a nationwide, indicator-based control system, the federal ministries set specific targets for the share of women in the highest pay grades to be achieved in subsequent years. These targets and the current women’s share are reviewed annually and published as part of the federal staffing plan.

•Since 2022, a course at the BMJ for female executives has been preparing women to take on executive roles and the associated challenges. An extensive range of seminars for employees returning to work or changing careers also makes it easier to return to work after parental leave.

•The (former) BKA Directorate General for Women and Equality published an updated version of the Women in Leadership guidelines in 2024.

63.As to increasing women’s share on supervisory bodies:

•The Federal Government first undertook by decision of the Council of Ministers in 2011 to increase women’s share among Federation-appointed members on supervisory bodies of companies in which the Federation holds a stake ≥ 50 % to 35 % by the end of 2018. This target was raised to 40 % by the Council of Ministers’ decision of 3 June 2020 and, most recently, to 50 % by the Council of Ministers’ decision of 16 April 2025. This target’s implementation is reviewed as part of an annual progress report. Pursuant to the 2025 progress report, in the 2024 reporting period: the Federation held a stake ≥ 50 % in 53 companies; 150 of the 283 Federation-appointed supervisory body members were women; the average women’s share among Federation-appointed members was 53 %, an increase of 1.6 percentage points compared to the previous year. The reports on impact orientation show the development of women’s share among Federation-appointed members on supervisory bodies of companies in which the Federation holds a stake ≥ 50% and in the private sector.

•The Act on Gender Equality on Supervisory Boards (Gleichstellungsgesetz von Frauen und Männern im Aufsichtsrat, BGBl. I No. 104/2017) has provided since 2017 for ≥ 30 % women and men on supervisory boards of publicly listed and large companies. Since the introduction of this quota, women’s share in companies concerned has risen from 22.4 % (2018) to 38 % (2025).

64.Despite progress in recent years, women are still underrepresented in political decision-making positions, especially at regional and municipal level. Women’s share had risen at all levels in 2024 compared to 2015: in the National Council (Nationalrat) from 30.6 % to around 37 % (February 2025); in the Federal Government from 31.3 % to 48 % (March 2025; including chancellor and state secretaries); in the total of all Länder governments from 30.7 % to around 37 % (December 2024); in the Länder parliaments (Landtage) from 31.1 % to 36 % (December 2024); among mayors from around 6 % to 11.7 % (March 2025). The following measures were therefore implemented to further promote the political representation of women:

•The Parliamentary Group Financing Act 1985 (Klubfinanzierungsgesetz 1985, BGBl. No. 156/1984 as amended) was amended in 2019 to include a bonus for a higher share of women in the parliamentary groups. If the share of women in a party in the National Council or the Federal Council (Bundesrat) is over 40 %, the amount of parliamentary group funding increases by 3 %. Several Länder have similar regulations.

•Some political parties have internal quota regulations (voluntary commitments) for electoral lists or mandates and vacant functions.

•The exploratory study on the political participation of young women from 2023 identified i. a. specific options and courses of action to get more young women interested in political office.

•The Girls in Politics project has been implemented annually since 2022 together with the Association of Municipalities (Gemeindebund). Once a year, female and male mayors throughout Austria are accompanied by girls and young women between the ages of six and 18, with the aim of getting them interested in and enthusiastic about politics.

•The report on women in political decision-making positions in Austria with current data on the development of the political representation of women at federal, Länder, municipal and EU level as well as in the social partner organisations has been updated annually and published online since 2018.

65.For stronger representation of women in sport:

•Training of 64 women in all areas of sports as part of the funding programme: Gender Trainee Programme 2021 to 2024 – a “training on the job” programme with a focus on training as a sports scientist with a state trainer qualification, sports management and sports scientist/talent coach.

•Promotion of “100 % Sport, the Centre for Gender Competence in Sport”, with a focus on increasing the proportion of women in leadership positions in sport by the BMWKMS.

66.Examples of gender equality measures in the arts and culture sector:

•Based on the Austrian Film Gender Reports, the Austrian Film Institute established a comprehensive gender budgeting system for all funding areas.

•Dedicated fair pay funds have been available since 2022 – € 10 million were made available for this purpose in 2024.

•The Gender Report in the arts and culture sector published in 2024 analyses the gender distribution in the cultural sector funded by the Federation and the Länder between 2017 and 2021. In addition to structures such as personnel, management levels and salaries, the awarding of funding, prizes and scholarships was also examined. To facilitate evidence-based gender equality policy, the Gender Report should be published every five years in future.

•With the association MuFA (Music for All), the BMWKMS (formerly BMKÖS) will implement an annual women-specific mentoring programme from 2024.

67.For several years now, ≥ 50 % of the recruits for the Foreign Service have been women. A balanced gender ratio is taken into account when filling leadership positions. Calls for Junior Professional Officers or Junior Professionals in Delegations also regularly contain more women than men on the shortlists drawn up for the UN/EU, thus promoting the opportunities for young Austrian women to embark on an international career at the UN/EU.

68.Examples of Länder-measures:

•The Länder continue to offer training and mentoring programmes to promote women in politics, such as workshops and webinars for the Vorarlberg Women’s Network and political mentoring schemes in Vorarlberg and Lower Austria.

•To promote equal opportunities for women in the Länder administration, Vorarlberg has e. g. a “Framework Plan for Equal Opportunities” as well as the “Equal Opportunities for Women and the Advancement of Women Contact Point” at the Staff Council, which is not bound by instructions.

Measures to close the gender pay gap

69.The gender pay gap in the Austrian Federal Service was 7.6 % in 2023 (2022: 8.1 %). Since pay in the Austrian federal service depends on the classification and assessment of the respective job, there is theoretically no room for unequal treatment in terms of income. The gap in the federal service can mainly be explained by the following income-related characteristics: overtime worked, qualifications, age and length of time in an executive position.

70.In addition, civil servants and contractual employees are paid according to different pay scales and the share of civil servants among men and women usually differs. In all occupational groups with the exception of the military, police and judges, new employees are mainly recruited as contractual employees. The gap will therefore be positively impacted when many highly paid civil servants retire in the coming years.

71.The gender pay gap in the Austrian private sector was 18.3 % in 2023 (2022: 18.7 %). According to Statistik Austria, more than two thirds of the gap cannot be explained statistically. However, the greatest effects on the extent of the gap are the sector (wages are often lower in sectors with a high proportion of women, strong horizontal segregation), the level of employment (women are more likely to work part-time), length of service in the company and the occupation.

72.The following measures are intended to reduce the gap further:

•Increasing income transparency, e. g. through:

•Online salary calculator: has been providing information on actual expected salaries in specific industries, professions and regions as well as the gender gap since 2011.

•Legal obligation to state the minimum wage under the collective agreement and the willingness to overpay in job advertisements.

•Obligation to prepare an income report every two years for employers that continuously employ more than 150 employees. The “Toolbox for the good practice income report” was published to support the preparation, communication, analysis and further use of the income reports.

•Reducing segregation in the labour market, e. g. through

•Broadening career prospects for women.

•Re-evaluating work in female-dominated industries.

•Increasing women’s share in executive positions.

•Further improving work-life-balance and equal sharing of paid and unpaid work.

Measures to overcome stereotypical gender roles

1.Awareness-raising measures

73.The Austrian Fund for the Empowerment and Advancement of Women and Girls (“LEA – Let’s Empower Austria”), founded in 2022, is a key instrument for promoting gender equality. It seeks to break gender stereotypes and empower women to lead economically independent lives. It focuses especially on gender equality in future-focused fields like the STEM sector. LEA offers workshops, online seminars, discussion and event formats with role models, builds a knowledge base through study projects, and funds third‑party initiatives.

74.The Girls’ Day in the federal service has been held annually in ministries and subordinate bodies since 2006, based on a Council of Ministers decision. Its goal is to give girls and young women insight into traditionally male-dominated fields (e. g. police, technical and scientific careers) and encourage them to explore these paths. It aims to reduce gender segregation and support girls and young women in choosing careers that typically offer better income and broader career opportunities.

75.The Austria-wide STEM Girls Challenge, first held in 2021, encourages girls and young women to engage with STEM and helps counter Austria’s skilled labour shortage.

76.The nationwide Boys’ Day, organised by the BMASGPK, involves around 7,500 boys each year and promotes non-traditional career choices and challenges role stereotypes.

77.The 2021/22 Time Use Survey, published in 2023 by Statistik Austria on behalf of the Federal Minister for Women, Family, Integration and the Media, shows that women still do most childcare and housework, and that unpaid and paid work is still divided along traditional gender lines.

78.In 2024, the women’s and girls’ counselling centres funded by the Directorate General (DG) for Women and Equality (Frauenressort) focused counselling on economic independence and mental load nationwide. Traditional family models remain prevalent: most mothers work part-time after childbirth and also do most unpaid care work, including invisible mental load. Counselling centres shall offer practical tools, approaches and strategies that help women and parents share invisible tasks and take joint responsibility for finances and care work.

79.Tackling gender stereotypes is also key for long-term financial security. To support this, the DG for Women and Equality publishes annually updated information materials on “Women and Pensions”.

80.Women were defined as a priority group in developing the National Financial Literacy Strategy, with the following measures adopted:

•By the end of 2024, 31.2 % of financial literacy measures in the strategy focused on women and their lives.

•A 2023/24 working group explored how women can be best supported in financial education to better understand their situation and avoid risks from fragmented job histories that affect income and retirement. The main goal is to reduce (unconscious) stereotypes and improve financial skills for all. The group also produced a policy brief and guidance document for stakeholders, supporting gender-aware financial education and addressing structural barriers to help improve women’s financial knowledge, behaviour, and overall situation.

•The results of the study “Financial education for women – behavioural economic analysis and development of measures” commissioned by the Federal Ministry of Finance (Bundesministerium für Finanzen) from the Institute for Advanced Studies have been available since 2024. The recommendations for action listed there are currently being analysed and reviewed for their feasibility.

2.Labour market policy measures

81.Labour market policy aims to increase the labour market participation of women and reduce disadvantages in the labour market. For this reason, a higher labour market funding budget is allocated to women to improve their qualifications through gender budgeting. The focus is on future-oriented professions with higher income potential. Around € 635 million (excluding short-time work) was spent on promoting women in 2023 – approximately 52 % of the funding budget. About 213,000 women received funding, and 134,000 took part in training and further education programmes.

82.As part of the AMS programme “Women in skilled trades and technology”, women receive complete training in technical fields, including “green jobs”. Around 10,200 women were registered in the programme in 2023.

83.The career options of young people are broadened in the context of gender-sensitive career guidance. The benefits of a craft/technical apprenticeship (better pay and career opportunities) are highlighted in particular.

84.The “100 per cent – equality pays off” and “FairPlusService” projects funded by the European Social Fund offer advice for companies on equality-related topics.

3.Tax measures

85.The Family Bonus Plus, designed as a deduction, contributes to a more equal distribution of gainful employment between women and men because it creates an incentive to increase atypical work or part-time work to benefit from the full deduction. It was increased to € 2,000 in 2022. Furthermore, the additional child allowance was increased in stages and amounts to € 700 from 2024.

86.Various measures to reduce tax burdens, especially on low incomes, help ensure a fairer distribution of paid and unpaid work:

•In 2022, the second and third tax brackets for wage and income tax were lowered from 35 % to 30 % and from 42 % to 40 %.

•The starting tax rate was reduced in 2020, while supplements to the transport and pensioner deductions were increased.

•Key tariff elements and deductions have been automatically adjusted to inflation by two thirds since 2023.

87.Extending the option for employers to offer a tax-free childcare allowance boosts families’ financial freedom and supports work-life balance. The amount was raised from € 1,000 to € 2,000, and the age limit for eligible childcare from 10 to 14 years.

4.Other measures

88.The “Family Office” at the BMEIA helps to manage the personal challenges posed by the deployment of staff abroad. By supporting the employment of family members and answering questions about kindergarten, school, insurance and pensions, the balance between work and family life is improved and stereotypes are broken down.

89.For the implementation of Directive (EU) 2019/1158 on work-life balance for parents and family carers, see above under issue 4. (a).

90.Examples of Länder-measures:

•Vorarlberg: “Gender doesn’t matter” campaign to promote awareness of alternative role models and a fair distribution of gainful employment and care work (2023–2024).

•Lower Austria: Girls’ Day, a special career orientation tool and tech dating in vocational schools (pupils meet representatives of technical professions and companies) to break down traditional role models and reduce the gender pay gap.

Information on equal opportunities in the service and health sector

91.Austria’s healthcare policy prioritises equal, targeted, and barrier-free access to quality care for all, regardless of age, gender, origin, status, or income.

92.Measures to promote equal opportunities in the healthcare sector include:

•Subtitled explanatory videos are being produced in eleven languages (e. g.: 2024: explanatory video on menstrual health) as part of the “Good health information for migrants” project.

•Free online e-learning tool for sensitising health professionals on the health of LGBTIQ+ people.

Measures against gender-specific inequalities in the service and health sector

93.The Women’s Health Action Plan comprises 17 impact targets and 40 measures on priority women’s health issues and contributes to equal opportunities of men and women in the healthcare system.

94.A special train-the-trainer programme (pilot project until autumn 2025) aims at sensitising healthcare professionals to enable gender-sensitive and equitable care.

95.Sensitising projects to counteract gender-specific inequalities are supported as part of the company apprenticeship promotion programme, including:

•Women’s Power 4.0 (regional focus: Styria. Establishment of a gender-sensitive onboarding process to attract young women to highly male-segregated professions).

•Companies for Girls 4.0 (regional focus: Carinthia. Sensitising training managers for gender aspects to make companies more attractive to female apprentices).

•200 percent opportunities (regional focus: Burgenland and Styria. Supporting companies in implementing a gender-sensitive corporate culture and recruitment of young people into gender-atypical apprenticeships).

As to issue 8

Measures against gender-based violence

1.Recent legislative measures

96.The Protection Against Violence Act 2019 (Gewaltschutzgesetz 2019, BGBl. I No.105/2019) amended 25 laws and introduced measures including:

•Stricter rules in criminal law (esp. for acts of gender-based violence, e. g. with regard to aggravating circumstances, penalties, repeat offenders, criminal liability, professional bans).

•Broader police barring orders and new restraining orders (Section 38a of the Security Police Act (Sicherheitspolizeigesetz – SPG, BGBl. No. 566/1991 as amended)):

•Barring orders issued against potential violent offenders now ex lege cover also an area of 100 metres around the home of persons at risk.

•Barring orders now include a restraining order (stay-away zone), prohibiting potential violent offenders to come closer than 100 metres to persons at risk.

•Notification of persons having minors at risk in regular care of barring/restraining orders.

•15,115 barring and restraining orders were issued in 2023 (2020: 11,652, 2021: 13,690, 2022: 14,643).

•Improving preliminary injunctions granted by courts for protection against violence and protection of privacy (including: new rule regarding cyber-bullying and improved coordination regarding minors, inter alia through obligation to notify the guardianship court of preliminary injunctions granted, Section 382b et seq. of the Enforcement Code (Exekutionsordnung – EO, RGBl. No. 79/1896 as amended)).

•Strengthening the rights of victims of violence in criminal proceedings by extending the ex lege group of victims considered to be particularly vulnerable (e. g. victims who have experienced violence in their close social environment) and extending their rights (e. g. regarding interpreting services during hearings).

•Ensuring the possibility of holding security police case conferences to coordinate protective measures for a person at risk as efficiently as possible (Section 22 (2) second sentence SPG). 234 case conferences were held in 2023 (2020: 25, 2021: 57, 2022: 209).

•Obligatory six-hour violence prevention counselling at a violence counselling centre for potential violent offenders against whom a barring and restraining order has been issued (Section 38a (8) SPG).

•Extension of the retention period for data records on violence in the private sphere in the violence protection file from one to three years (Section 58c (3) SPG).

97.For the measures of the HiNBG, which entered into force in 2021, see under issue 5.

98.Victim protection organisations have been allowed to represent a person at risk since 2021, e. g. when applying for preliminary injunctions for protection against violence and protection of privacy. Furthermore, child and youth welfare organisations and the guardianship court must be informed immediately if a minor lives in the home covered by a preliminary injunction (BGBl. I No. 86/2021).

99.In addition, the security authorities may transfer data to violence protection centres and violence prevention counselling centres if this is necessary to protect persons at risk or for violence prevention counselling to ensure that persons at risk are connected to the support system (Section 56 SPG, BGBl. I No. 124/2021).

100.Since 2022, issuing a barring or restraining order led to a temporary weapons ban (Section 13 (1) second sentence of the Weapons Act (Waffengesetz, BGBl. I No. 211/2021)) and also courts may order violence prevention counselling for potentially violent persons (Section 382f (4) et seq. EO, BGBl. I No. 202/2021). There were 12,681 cases of counselling in 2023 (2022: 11,923).

101.Austria actively participated in the negotiations on the new EU Directive on combating violence against women and domestic violence (Directive (EU) 2024/1385) published at the end of May 2024.

2.Other measures

102.In 2025 the Federal Government decided to draw up a NAP on combatting violence against women and girls.

103.The BMJ internal instruction “Guidelines for the prosecution of offences in the social environment” (currently in its 3rd edition of 30 August 2021) is aimed at public prosecutors handling cases of violence in the social environment (e. g. family violence, violence against children). It provides prosecutors with a summary of special investigative requirements, particularly for domestic violence against women, along with possible solutions.

104.Timely and objective documentation of injuries is key evidence, especially in cases involving physical and/or sexual violence against women or within the social environment. Accordingly, violence outpatient clinics are being set up nationwide as low-threshold, 24/7 facilities where victims can be examined free of charge and independently of proceedings. These clinics ensure valid findings for criminal proceedings and are directly linked to victim support services. To speed up implementation, the first interministerially funded pilot clinics were launched in model regions East and South in cooperation with the universities of Vienna and Graz.

105.Key preventive measures, funded by the Ministry of Social Affairs, include: nationwide expansion of violence prevention work with men; the men’s crisis hotline (0800 400 777); nationwide gender-sensitive workshops for young men; the “Let’s Talk, Man addresses it” media campaign to sensitise the broad public and esp. men for male violence; the “StoP – neighbourhoods without partner violence” project, which is a neighbourhood initiative to prevent partner and domestic violence, now active at 27 locations nationwide, run by the Association of Autonomous Austrian Women’s Shelters.

106.Protection against violence in the healthcare sector is being expanded step by step, in line with international guidelines (GREVIO). A key element is the mandatory creation of victim and child protection groups in hospitals. An online toolbox, launched in 2020, supports implementation of these groups and is regularly updated with expert input. Healthcare professionals in private practices also play a key gatekeeping role for those affected by violence. In 2023, care guidelines were developed specifically for this setting.

107.The interministerial working group “Protection of Women against Violence”, led by the DG for Women and Equality, was established in 2013 as coordinating body pursuant to Art. 10 of the Istanbul Convention. It drafted the 2014–2016 NAP on the Protection of Women and produced a 2018 implementation report. Its tasks have been taken over by the “National Platform on Violence against Women” since 1 July 2024. The platform ensures regular expert exchange across Länder and disciplines and a joined-up view of violence prevention and protection. The committee supports not only broad discussion on strategic priorities but also identifies challenges and (long-term) solutions. Meeting results are documented and sent to the respective bodies competent for implementation.

108.The “Violence protection strategy for coordination and networking focused on counselling for women affected by violence in Austria”, developed with experts from administration and practice, strengthens the networking and visibility of the counselling system. The strategy focuses on client orientation, coordination of strategic work, and regional and case-based cooperation. The aim is to ensure all women in Austria receive timely support.

109.Strategic priorities are also defined for the wider violence prevention system in line with the Istanbul Convention, thus strengthening the rights of women and girls.

110.In 2024, the women’s counselling centres in cases of sexual violence funded by the DG for Women and Equality focused on “sexual violence online” to counter rising digital violence with a targeted counselling strategy.

As to issue 8 (a)

Measures encouraging reporting

111.The Criminal Procedure Amendment Act I 2016 (Strafprozessrechtsänderungsgesetz I 2016 – StPRÄG I 2016, BGBl. I No. 26/2016), the StPRÄG 2018 (BGBl. I No. 27/2018), the Protection Against Violence Act 2019, the HiNBG and the StPRÄG 2024 each extended the procedural rights and support for victims, which should also have an impact on the actual willingness of female victims of violence to report.

112.In addition, sensitation and information measures in the media draw the general public’s attention to the issue, promote civil courage and encourage affected persons to inform the police or seek counselling:

•2020–2024 an annual violence protection summit was organized in cooperation by several federal ministries, which aimed, inter alia, at raising public awareness and at connecting organisations and authorities involved in the issue.

•A media campaign took place between 2021–2024 as part of the “16 days against violence” to raise awareness of the low-threshold support services available in cases of violence against women (in particular violence protection centres, women’s helpline and police hotline).

•The external appearance of the Austria-wide violence protection centres was standardised in 2023.

•Information on the website of BMI and the Federal Criminal Police Office (Bundeskriminalamt) (“Safe at home”) as well as target group-oriented folders.

As to issue 8 (b)

Measures regarding victim support services

113.Since 2000, the BMJ has been funding victim support institutions that offer legal and psychosocial court assistance, including numerous institutions specialising in specific groups of victims, such as the Intervention Centre for Victims of Trafficking in Women (Interventionsstelle für Betroffene von Frauenhandel – LEFÖ-IBF), violence protection centres, child protection centres, women’s shelters and men’s counselling centres. For the list of court assistance organisations, see the BMJ website.

114.The main aim of court assistance is to avoid secondary victimisation of victims named in Section 66b (1) CCP. Psychosocial court assistance includes preparing those affected for the proceedings and the emotional stress associated with these, as well as accompanying them to hearings in the preliminary and main proceedings, while legal court assistance includes legal advice and representation by a lawyer. Legal counsellors are also authorised to claim damages for the victim in criminal proceedings. Currently, 47 victim support organisations are appointed contractually to provide court assistance.

Table 1

Number of victims receiving court assistance between 2020 and 2023 and amount of funds provided in €

	Supported Victims	Funds €
2020	8.678	8 175.922 74
2021	9.105	8 465.948 52
2022	9.933	10 248.513 17
2023	11.554	11 600.211 08

Source: BMJ.

115.The BMI annually funds projects relating to:

•Expanding work with potentially violent persons.

•Prevention work against violence (target group: children, young people, women and men).

•Prevention regarding (cyber)bullying.

•The continuation of victim protection and campaigns to increase a subjective feeling of safety.

116.The total budget for the DG for Women and Equality was € 33.6 million in 2024 (€ 9.3 million higher than in 2023). The majority of this was used to fund women’s and girls’ counselling centres and in the area of protection against violence: women’s counselling and support facilities received funding of around € 13.9 million. All funding was increased by at least 12 % compared to 2023. Funding for women’s counselling centres has therefore increased by 150 % compared to 2019.

117.The range of women’s and girls’ counselling centres, which play an important role in preventing and protecting against violence as a low-threshold first point of contact, was expanded in 2024 to such an extent that they are now available nationwide for women and girls seeking help. There has been a specialist counselling centre for sexual violence in each of the Länder since 2019, offering a comprehensive range of counselling services including court assistance. In addition, the specialist centre for forced marriage – violence prevention and counselling for girls and women with a migration/refugee background who are threatened by forced marriage and other forms of violence in western Austria has been receiving financial support since 2021. In addition, there is a violence protection centre (as well as regional offices) and women’s shelters for women and girls affected by violence in each of the Länder.

118.Women’s refuges and shelters are the constitutional responsibility of the Länder. To support the nationwide expansion, the Federation and all Länderconcluded an agreement pursuant to Art. 15a B-VG for the first time in 2023. As part of this agreement, the Federation will provide the Länderwith a total of € 12 million from the women’s budget over a period of four years to expand shelters, in particular transitional housing. This should create at least 180 additional places (90 for women and 90 for their children) nationwide by the end of 2025.

119.The vera* counselling centre for people affected by violence & harassment in the fields of art, culture and sport was founded in 2022. vera* supports those affected by harassment and violence, shows them options for action and supports them in the next steps. Prevention services that go beyond the work with those affected will be added from 2025 onwards. In the area of culture, the counselling centre is financed by the DG for Arts and Culture, in the area of sport by the DG for Sports.

120.The BMASGPK supports the following:

•Projects by non-profit organisations between 2022–2025 to strengthen crisis intervention (2022 with € 2.875 million, from 2023 with € 1.835 million annually).

•Child protection centres between 2024–2026 with a total funding amount of € 9.8 million. There are currently 34 child protection centres in Austria that offer counselling, crisis intervention and psychotherapy in cases of violence or suspected violence against children and adolescents. 

121.Examples of Länder-measures:

•Vorarlberg: Vorarlberg’s social fund provides € 850,000/year for the Institut für Sozialdienste – ifs women’s emergency shelter and the Land provides € 15,000 for the ifs counselling centre offering help for women and girls affected by sexual violence.

•Upper Austria: the Land’s DG for social affairs currently finances six women’s shelters with 47 places for women and 80 places for children. Work is underway to expand capacity (59 places for women and 104 places for children).

•Lower Austria: finances six women’s shelters (58 places for women and 87 places for children with around € 3.5 million in 2024). By the end of 2025, 17 places for women and at least 17 places for children will be created in temporary accommodation.

•Styria: Styrian law on protection against violence guarantees affected women and their children accommodation in a women’s refuge and secures long-term funding. With two women’s shelters, six crisis flats and 14 temporary accommodations, there are currently 125 places available. Work is continuing on expanding the range of temporary accommodation.

Data

Table 2

Number of investigations between 2012 and 2024 concerning gender-specific violence, number of defendants, indictments and convictions

	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	2023	2014
Investigations	4 031	4 132	3 945	4 157	4 397	4 542	4 309	5 003	3 211	3 246	3 865	3 775	3 912
Defendants	4 629	4 712	4 581	4 813	5 026	5 298	4 999	5 748	3 730	3 726	4 432	4 312	4 528
Indictments	1 012	1 203	1 246	1 238	1 364	1 413	1 505	1 692	1 329	1 223	1 433	1 380	1 575
Convictions total	610	588	556	504	592	568	612	700	546	536	645	605	589

Table 3

Convictions in Table 2 broken down by type of sentence imposed

	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	2023	2014
Suspended prison sentence	292	286	260	245	268	261	282	328	245	217	262	263	244
Unconditional prison sentence	73	81	82	74	90	95	99	109	85	108	132	102	124
Unconditional fine	117	97	95	94	122	80	94	104	75	73	73	71	68
Partially suspended prison sentence	40	44	48	43	33	51	63	49	57	59	82	70	64
Partially suspended fine	50	48	44	23	41	51	33	48	32	37	41	37	29
Fine and prison sentence	30	28	29	23	36	27	39	51	34	37	42	46	38
Detention according to. § 21 Abs 1 StGB	14	10	11	8	7	9	11	13	14	14	16	18	14
Conviction without additional penalty	1	4	2	4	1	1		1	3	1	4	2	2
Conviction subject to sentence		1	2	1	1		1	3	2	1	1	1
Suspended fine	3					1	1						1
Conviction without penalty				1									1
Detention according to gem. § 22 StGB									1

Source: BMJ.

122.As of 1 January 2024, the BMI extended the offender-victim relationship in the crime statistics to the following categories:

•Living together – partnership.

•Living together – other family relationship.

•Living together – ex-partnership.

•Not living together – partnership.

•Not living together – other family relationship.

•Not living together – ex-partnership.

•Other common household.

•Chance acquaintance.

•None.

123.As of 1 April 2025 the identifier “Fam” in the judicial process automation system was adopted as the security code “G” (“Domestic Violence”) in the Integrated Prison Administration, primarily for victim protection. Since then the identifier “Fam” has also been set together with the indication “offence committed within the family circle” on all pre-trial detention decisions as well as on orders to enforce sentences. In the case of persons with security code “G”, access interviews must be conducted by the specialised services, in particular with a view to clarifying the relationship(s) between the perpetrator(s) and the victim(s). Every person with security code “G” must be checked for possible categorisation as a “high-risk offender” when they are taken into detention.

As to issue 9

Access to sexual and reproductive health services

124.Contraception is still mainly the responsibility of girls and women. The BMASGPK is therefore funding a pilot project between June 2024 and December 2026 to improve the sexual and reproductive health of women in Vorarlberg by providing free access to contraceptives. The project comprises the development of a care and processing structure and is being supported scientifically by Gesundheit Österreich GmbH to gain insights for nationwide implementation.

As to issue 9 (a)

Measures concerning access to safe abortion

125.Services available in the Länder in connection with abortions include:

•In Vorarlberg, abortions are offered as an elective service in a gynaecology and obstetrics practice, and since November 2023 also as a private service at the Land’s Hospital (Landeskrankenhaus) Bregenz, which is easily accessible due to its geographical location. There is also a diverse and comprehensive range of counselling services (e. g. “Schwanger.li” counselling centre, “Femail” information and service centre for women, contact points of the Institute for Social Services, the association “Amazone – Mädchen* beratung & Mädchen* zentrum ” , Aktion Leben Vorarlberg counselling centre).

•In Vienna, abortions are performed in the gynaecological departments of the (municipal) hospitals operated by the Vienna Health Association (Wiener Gesundheitsverbund), in Hanusch Hospital and Sanatorium Hera as well as in private institutes. In addition, the Vienna Health Association, together with the Austrian compulsory (state) health insurance scheme (Österreichische Gesundheitskasse – ÖGK), the Vienna Social Fund (Fonds Soziales Wien) and the Health Fund (Gesundheitsfonds), offers comprehensive, multi-professional counselling on the topic. The folder “My decision: Abortion in Vienna”, published by the Vienna Programme for Women’s Health, provides information on medical and surgical abortion as well as points of contact.

As to issue 9 (b)

Education and sensitising measures

126.Information programmes on sexual and reproductive health in the Länder include:

•Vorarlberg supports the annual, free event “Women’s Health Day Vorarlberg”, which is held by “Femail”, the Vorarlberg information centre for women, and dedicated to the topics of sexual and reproductive rights, contraceptive justice as well as psychological aspects of sexual health and body self-image.

•In Upper Austria, counselling is provided, mostly free of charge, by the associations “ZOE – Beratung rund um Schwangerschaft und Geburt” (counselling on pregnancy and birth, including pregnancy conflicts, medical problems, sex education, conception regulation and support after the death of a child during pregnancy) and “Bily” (counselling on transgender and transidentity).

127.In Vienna, counselling on sexual and reproductive health issues is provided at four locations, including the Institute for Women’s and Men’s Health, which is supported by the Vienna Health Association, amongst others. The Austrian Society for Family Planning also has counselling centres at six other locations of the Vienna Health Association, including special counselling centres for adolescents and persons with disabilities, where contraceptives are also available at low cost or free of charge. A wide range of workshops on sexual education is aimed at schools. ÖGK promotes corresponding programmes within the framework of health promotion in schools. The Vienna Programme for Women’s Health also offers:

•The animated age-appropriate video “Next stop intimate zone” for girls and boys (conveys knowledge about the female intimate zone in four languages and is intended to help strengthen girls’ self-confidence, remove taboos on the subject and correct misconceptions) and the video series “Love, sex and plain language” for 15- to 19‑year-old girls (addresses myths about sexuality, which is intended to promote sexual self-determination and an open and responsible approach to one’s own sexuality).

•The brochure “We want to do it – but safely” on contraceptive issues and the female body and the folder “My decision: Abortion in Vienna” with information on medical and surgical abortion, costs, counselling centres and points of contact.

•The “Red Box” with period products for socio-economically disadvantaged girls and women.

Prohibition of sterilisation without consent

128.Sterilisation without consent of the person concerned is only permitted in Austria within very narrow and clearly defined legal limits. In the case of adults, sterilisation may only be carried out if the person concerned is capable of understanding and judgement and personally consents or, if their adult representative consents and, in addition, a medical certificate from a doctor other than the attending physician confirms that the physically or mentally impaired person does not have the necessary capacity for understanding and judgement (i. e. is not capable of recognising and assessing the implications of the decision) and that the procedure is necessary to safeguard their welfare (i. e. their health).

As to issue 10 (a)

Draft law on protecting intersex children from medically unnecessary interventions

129.The desire for protecting intersex children (i. e. children with variations of sex characteristics) from medically unnecessary interventions has been repeatedly expressed in the Austrian parliament. However, a draft prepared by the BMJ together with the Ministry for Health in the last legislative period (2020–2024) failed to reach a consensus.

130.The Federal Government’s work programme for 2025–2029 therefore also calls for clear rules to protect intersex minors from medically unnecessary interventions.

131.In 2024, the BMASGPK drew up additional recommendations on medical care for intersex children to protect those affected and funded the project “Var.Ges – Variations in Sex Characteristics – Community Work, Education and Networking” by the Verein Intergeschlechtlicher Menschen Österreich, which includes educational work for persons with variations of sex characteristics and their relatives.

As to issue 10 (b)

Access to legal protection

132.For court assistance in criminal proceedings, see under issues 5, 8 (b) and 14 (c).

As to issue 11

Climate change mitigation

133.As an EU member state, Austria does not have a separate national climate protection target under the Paris Agreement. The EU and its member states have jointly submitted one Nationally Determined Contribution under the Agreement. Accordingly, the EU and the member states must reduce their emissions by 55 % by 2030 compared to 1990 levels. To achieve this target, EU law specifies sub-targets for the European Emissions Trading System (EU-ETS) and the member states. Austria’s emissions reduction target is 48 % by 2030 compared to 2005 levels and applies to all sectors outside the EU-ETS.

134.Even before the Paris Agreement entered into force, the EU and the member states committed to a 20 % reduction in emissions by 2020 compared to 1990 levels. Austria’s emissions reduction sub-target was 16 % by 2020 compared to 2005 levels. This was expanded by the Climate Protection Act (Klimaschutzgesetz, BGBl. I No. 106/2011 as amended) to include national sector targets. Austria met or slightly exceeded this target over the period 2013 to 2020. Austria is also on target for the years 2021 to 2023.

135.Austria is also pursuing the goal of climate neutrality. This goal is set out in the European Climate Law and has also been enshrined in some federal acts as a target for the year 2040; it is supported by the Länder and has been established by some (e. g. Vienna) as a dedicated goal. Austria is therefore one of the countries with the most ambitious targets worldwide.

136.The following recent climate protection measures should be noted:

•Introduction of national carbon pricing for fossil fuels outside the EU-ETS (NEHG 2022).

•Funding for climate protection initiatives (e. g. e-mobility, “Raus aus dem Öl”).

•Updating the National Energy and Climate Plan.

•Entry into force of the Renewable Energies Act (Erneuerbare-Wärme-Gesetz, BGBl. I No. 8/2024).

137.A new federal climate protection act is currently being planned, which will include targets, institutions and processes for achieving the EU legal requirements.

138.For an overview of relevant and current climate and environmental protection measures, see also the annual report of the (now) Federal Ministry of Agriculture, Forestry, Climate and Environmental Protection, Regions and Water Management (Bundesministeriums für Land- und Forstwirtschaft , Klima- und Umweltschutz , Regionen und Wasserwirtschaft – BMLUK) pursuant to Section 6 of the Climate Protection Act.

139.In addition, the Federal Government’s work programme for 2025–2029 (like the work programme for 2020–2024) contains a separate section on climate protection.

140.Austria encourages all businesses operating in Austria to comply with the OECD Guidelines for Multinational Enterprises (OECD Guidelines). This legally non-binding code of conduct aims to ensure that businesses respect human rights, environmental (in particular climate protection and biodiversity), labour and social standards in their global activities. The Austrian National Contact Point for the OECD Guidelines (Austrian NCP) at the (now) Federal Ministry of Economic Affairs, Energy and Tourism (Bundesministerium für Wirtschaft , Energie und Tourismus – BMWET) regularly organises events on corporate due diligence regarding climate and environmental impacts and engages with representatives of civil society on these issues. It also offers voluntary, non-judicial dispute resolution relating to application of the OECD Guidelines.

141.To support “green” investments in the arts and culture sector, the (former) BMKÖS provided € 15 million from the Recovery and Resilience Facility – NextGenerationEU in 2022–2023. The programme aimed at promoting sustainability and at the same time advancing the environmental and climate protection goals of the European Green Deal and the Austrian Energy and Climate Plan. From 2024–2030, the programme will continue under the direction of the BMLUK with € 35 million from national funds.

Adaptation measures

142.In 2024, the Council of Ministers adopted an updated adaptation strategy providing detailed analysis and recommendations for 14 action areas. On that basis, Austrian regional authorities take measures to protect humans from negative consequences of climate change. As one example of such measures, the integration of relevant skills to prevent and minimise the effects of climate change and environmental degradation is a common theme in all new and revised apprenticeship training regulations. Additionally, apprenticeships with a special focus on green skills have been developed, such as climate gardener.

Measures relating to sustainability

143.In 2016, the Federal Government instructed all federal ministries to incorporate the principles of the 2030 Agenda and its Sustainable Development Goals (SDGs) into the relevant strategies and programmes and, if necessary, to draw up corresponding action plans and measures. All relevant government institutions and cooperation partners at federal, Länder, city and municipal level as well as social partners, civil society, business and academia should be involved. The implementation of the SDGs by 2030 is carried out by all federal ministries in their respective areas of responsibility. Mainstreaming forms the strategic framework for implementing the SDGs in Austria.

144.SDG 13 on “Climate Action” deals specifically with urgent measures to combat climate change and its impacts. One of such measures is the SDG Business Forum through which the BMWET for the period 2024–2026 is focusing on climate protection in emerging markets. The aim is to support Austrian companies in contributing to the implementation of the 2030 Agenda with their business activities in sectors relevant to climate protection while also opening up new market opportunities.

145.Examples of Länder-measures:

•Lower Austria: The Lower Austrian Climate and Energy Programme 2030 bundles all actions and measures within the Land’s sphere of responsibility with respect to “Climate and Energy” in the areas of “Building.Housing”, “Mobility.Space”, “Economy.Sustainability”, “Energy.Supply”, “Land.Water” and “People.Protection”.

•Vorarlberg: Public relations work on the health-related consequences of climate change, educational measures on climate-relevant topics in the health and care sector, development of protection and action plans such as the Vorarlberg Heat Protection Plan or the Vorarlberg Air Quality Plan.

•Vienna: The updated Vienna Smart Climate City Strategy, the Vienna Climate Roadmap, the Urban Development Plan, the decarbonisation plans of Wiener Stadtwerke , which are implemented via programmes such as No More Gas, the Solar Power Offensive, No More Asphalt, WieNeu+, the district heating pioneering projects, the programme for infrastructural adaptation to climate change, the Climate Pioneer City partnership with the Federal Government, a renovation campaign, various renovation programmes (SUSA, the official building renovation programme, the sports facilities programme) and climate‑friendly new construction programmes. Subsidy funds are intended to make climate adaptation measures and the mobility and energy transition easier for everyone in Vienna. A separate Vienna Climate Act was passed in March 2025.

Measures relating to particularly vulnerable persons

146.The Austrian adaptation strategy provides, among other things, for the development of heat protection plans at regional or local level, taking into account particularly vulnerable groups (persons with disabilities, chronically ill, elderly, low-income people, children, people who work outdoors) (examples include the Vienna Heat Action Plan and the heat protection measures for the protection of vulnerable groups in the Lower Austrian Climate and Energy Programme 2030).

As to issue 12(recommendations 21 to 24)

Data on ill-treatment by law enforcement officials

Table 4

Number of allegations of ill-treatment received by the Complaints Management Unit of the Federal Ministry of the Interior between 2017 and 2023 against police officers and the number of resulting convictions

	Allegations of ill-treatment	Convictions
2017	379	1
2018	328	0
2019	317	1
2020	308	6
2021	282	1
2022	322	0
2023	342	0

Source: BMI.

147.Since early 2024, the Federal Office of Anticorruption (Bundesamt zur Korruptionsbekämpfung) has operated an Investigation and Complaints Unit Allegations of Ill-treatment (Ermittlungs - und Beschwerdestelle Misshandlungsvorwürfe – EBM), independent of the Directorate General for Public Security. The EBM holds exclusive nationwide responsibility for investigating allegations of ill-treatment by federal police officers. It also handles criminal investigations into coercive violence resulting in death or life-threatening use of weapons. The EBM investigates criminal cases under the direction of the public prosecutor’s office. For complaints below criminal liability, the EBM submits its findings to the relevant superior officer. An independent advisory board is in charge of the accompanying structural monitoring of the EBM’s activities. The EBM opened 514 proceedings in 2024. Of these, 505 concerned ill-treatment and nine the use of coercive force causing death or involving life-threatening weapons use. By 20 January 2025, 392 proceedings (around three quarters) were closed by the judiciary; 187 ended in discontinuation (Section 190 CCP). Investigations were not initiated in 202 cases (Section 35c of the Public Prosecutors Act (Staatsanwaltschaftsgesetz, BGBl. No. 164/1986 as amended)). Charges were filed in two cases; one other case ended in diversion.

148.In 2018, the Austrian Centre for Law Enforcement Sciences at the University of Vienna published a study commissioned by the BMJ on handling ill-treatment allegations against law enforcement officials. The BMJ implemented the study’s recommendations through an internal instruction of 25 June 2018 to improve how such allegations are handled for both law enforcement and prison officers. To ensure proper documentation of allegations of ill-treatment against law enforcement and prison officers, the internal instruction requires corresponding offence identifiers to be set in the judicial process automation system.

Table 5

Number of offence identifiers set and number of convictions for allegations of ill ‑ treatment in the judicial automation system between 2012 and 2024

Year	Offence identifiers	Convictions
2021	389	4
2013	490	5
2014	486	2
2015	575	4
2016	500	2
2017	741	8
2018	570	6
2019	446	10
2020	364	6
2021	250	2
2022	219	4
2023	229	10
2024	326	5
Total	5.585	68

Source: BMJ.

Measures improving detention conditions

149.Inmates of Austrian prisons receive the same medical care as non-detained persons. Their healthcare is organised and financed by the BMJ. New media options for medical care, such as telemedical visits, were introduced to expand the medical services in prisons. The prison administration responded to the increased need for treatment and care for mentally ill persons in forensic therapeutic placement by creating additional treatment locations and facilities (dedication of the Garsten and Vienna Favoriten prisons as forensic therapy centres). During the initial examination, the patient’s medical needs are assessed and an appropriate treatment proposal or further clarification is offered. If medically indicated, an appointment with a psychiatrist is also offered. Cooperation with the Medical University of Vienna, University Clinic for Psychiatry and Psychotherapy, was expanded to ensure psychiatric care for the detainees.

150.The AOB’s Federal Commission for the Penitentiary System and Forensic Institutions (National Preventive Mechanism – NPM pursuant to OPCAT and UNCPD) welcomed the following ongoing restructuring projects for a safe and modern prison system:

•Construction of a new prison in Klagenfurt.

•General and functional restructuring of Graz-Karlau prison, in which multi-person detention rooms will be converted into individual confinement rooms for persons with serious and long-term mental disorders in forensic therapeutic placement and to reduce conflicts between inmates.

151.The NAP on Disability 2022–2030 contains a separate sub-section on “Legal protection in the event of restrictions of liberty” with four objectives and four measures.

As to issue 12 (a)(recommendations 23 and 24)

Measures to increase the number of healthcare staff

152.The total number of healthcare staff employed in the federal service in prisons has remained relatively stable over the last ten years. The following measures have been taken to increase the number of healthcare professionals and facilitate their recruitment:

•Additional healthcare staff were recruited via an outsourced judicial support agency.

•The salary for healthcare professionals employed in the federal service was made more attractive.

•The Chief Medical Service increased public relations work, including at relevant job fairs.

•A multidisciplinary working group was established on the topic of “Making work in the penal and preventive detention system more attractive – improving the staffing situation in the prison service and other professional groups”. The kick-off event took place in October 2023. The AOB as well as prison guards and other external experts participate in the working group to develop measures to combat the staff shortage.

As to issue 12 (b)(recommendations 21 to 24)

Training measures

153.For training measures specifically for prison staff, see under issue 6 (b).

154.A central objective of the NAP on Disability 2022–2030 is sensitising and providing further training for employees of special institutions for forensic therapeutic placement and for judges entrusted with proceedings under the Hospitalisation Act (Unterbringungsgesetz) and the Nursing Home Residence Act (Heimaufenthaltsgesetz). The intent is to share current knowledge about treatment and care standards, alternatives to restrictions on freedom and more lenient measures.

155.The AOB regularly holds training courses on human rights protection for prospective prison officers. Attendees receive basic knowledge of human rights relevant to the penitentiary system and are informed about the work of the AOB to protect and promote human rights and its recommendations for the penitentiary system.

As to issue 13 (b)

Legal framework for the use of force by police

156.Force by police officers – including at demonstrations – may only be exercised on the basis of the law (see principle of legality, Art. 18 B-VG), such as SPG, CCP, Use of Weapons Act 1969 (Waffengebrauchsgesetz 1969, BGBl. No. 149/1969 as amended) and the European Convention on Human Rights, which has constitutional status in Austria (BGBl. No. 210/1958 as amended). The central principle of any use of force is proportionality, which is also central to the three-part philosophy of “dialogue, de-escalation and enforcement”. Furthermore, regulations and service instructions govern training, use and subsequent behaviour or investigations regarding service weapons. The “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials” and the “United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement” are therefore complied with.

Data on excessive use of force by police and independent monitoring

Table 6

Number of allegations of ill-treatment received by the AOB from 2015 to 2023 through individual complaints or as part of ex officio investigations and number of cases of ill-treatment confirmed

Year	Number of complaints	Number of maladministrations ascertained
2023	21	0
2022	14	1
2021	23	1
2020	9	0
2019	20	0
2018	20	1
2017	10	1
2016	17	1
2015	6	3

Source: AOB.

157.For further data and for information on the EBM, which was established in 2024 and is independent of the police, see issue 12. In addition, the AOB’s commissions can visit ex officio police stations unannounced and without restriction.

As to issue 14(recommendations 25 and 26)

Measures to combat trafficking in persons

158.The implementation of Directive (EU) 2024/1712 amending Directive 2011/36/EU on preventing and combating trafficking in human beings, which must be implemented by mid‑2026, is currently in progress. In particular, the directive contains new forms of exploitation in the offence of human trafficking (forced marriage, illegal adoption and surrogacy) and the new offence of using the services of victims of human trafficking.

159.The NAP on Trafficking in Human Beings 2024–2027 contains 103 measures in five sections, specifies the responsibilities and partner organisations as well as the time periods for its implementation and defines indicators for measuring the extent to which the measures have been implemented. Like the NAPs on Trafficking in Human Beings 2018–2020 and 2021–2023, the current NAP also contains a series of measures against trafficking in children as well as numerous measures to strengthen European and international cooperation.

As to issue 14 (a)(recommendations 25 and 26)

Measures to improve the identification and effective protection of victims of labour exploitation and members of particularly vulnerable groups

160.The following measures, for example, have been implemented to inform, train and sensitise certain professional groups so that they become more aware of cases of human trafficking:

(a)In the area of trafficking in human beings/children:

•Training for:

•The relevant police departments, staff of child and youth welfare services, the Federal Office for Immigration and Asylum, the Federal Agency for Reception and Support Services (BBU GmbH) and the Federal Administrative Court (Bundesverwaltungsgericht – BVwG) provided by the Federal Criminal Police Office and victim protection organisations.

•Judges and public prosecutors;

•The child and youth welfare authorities of individual Länder and Caritas counselling centres on “Child protection in the context of refugee and migration movements to Europe” provided by the International Organisation for Migration and ECPAT.

•Aid organisations and NGOs supporting displaced Ukrainians.

•Informational material from the BKA’s DG for Family and Youth for authorities and institutions dealing with the topic, such as:

•“Child trafficking in Austria” folder (updated in 2023).

•“Guidelines for identifying and dealing with potential victims of child trafficking”: practical instructions for police, asylum authorities, refugee support centres, child and youth welfare services, the judiciary and healthcare institutions, which now also deal with the increasingly widespread online dimension of all forms of child trafficking and the situation of minors seeking asylum as potential victims of child trafficking.

(b)In the area of labour exploitation:

•The topics of human trafficking and labour exploitation are part of the basic training and regular further trainings for employees of the Labour Inspectorate. These courses teach methods for recognising potential victims of human trafficking.

•Austria encourages businesses to comply with the OECD Guidelines (see issue 11.), which stipulate, among other things, that businesses should take the necessary measures to prevent human trafficking (e. g. for the purposes of forced labour). Since 2022, the Austrian NCP has organised several annual webinars on the practical implementation of due diligence obligations, such as the 2024 webinar on “Implementation of due diligence obligations in the textile sector”.

161.Examples of preventive awareness-raising measures for (potentially) affected persons and their support:

•The contact point for undocumented workers (such as asylum seekers, seasonal workers), UNDOK, an NGO funded by the BMASGPK, offers low-threshold, free and multilingual advice and support on migration and labour law. Multilingual information material can be found on their website.

•The ASOBEM project of the Austrian Trade Union Federation (Gewerkschaftsbund) (also funded by the BMASGPK) offers migrants with valid residence status advice on labour law (in Arabic, Bulgarian, Romanian, Ukrainian and Russian) to counteract labour exploitation and human trafficking.

•The migration platform of the Federal Government provides all relevant legal information as well as information on living and working conditions for foreigners in Austria.

•The Chamber of Labour (Arbeiterkammer) offers free advice on labour and social security law issues as well as support in labour and social law proceedings.

•In close cooperation with LEFÖ-IBF, the AMS offers a special programme for the labour market integration of affected persons, which includes language courses, individual coaching and qualification opportunities.

162.Examples of control and other protective measures:

•In the area of labour, there is a trend towards recruitment of non-EU citizens, who are exploited due to their difficult situation. Therefore, controls were tightened to increase the identification of victims and effective measures were taken throughout Austria, e. g. as part of the joint action days on labour exploitation of the European Multidisciplinary Platform Against Criminal Threats in April 2024. 752 people were checked in Austria.

•Measures are also being implemented as part of the EU Support to Strengthen the Fight against Migrant Smuggling and Trafficking in Human Beings in the Western Balkans project.

•The Foreign Labour Act (Ausländerbeschäftigungsgesetz – AuslBG, BGBl. No. 218/1975 as amended) gives victims (and witnesses) of human trafficking who have residence permits easier access to the labour market. Employment permits for such persons are issued without a labour market test. The AuslBG also significantly reduces the risk of exploitation, in that:

•Pursuant to this act, the AMS checks income and working conditions, including social security cover, when an application for an employment permit for workers who are not EU or EEA citizens is filed.

•It also provides for prison sentences for employers who allow illegal employment under exploitative conditions; furthermore, such employers may lose their business licence and be excluded from public tenders and subsidies.

•Hackathon of the International Association of IT Investigators and Criminal Investigators for joint operational open source intelligence research and criminal investigations to identify victims of labour and sexual exploitation.

•In cases of doubt, the Labour Inspectorate and Financial Police must also inform the Federal Criminal Police Office (Directorate 8: Migrant Smuggling, Trafficking in Human Beings and Special Investigations) or the department of the respective Regional Police Directorate responsible for trafficking in human beings.

•The capacities at regional level for identifying potential cases of child trafficking have been increased.

•High priority is given to implementation and further development of the “Guidelines for identifying and dealing with potential victims of child trafficking”, especially in sectors where labour exploitation has been identified (agriculture, personal care and construction).

•Adaptation of existing indicators for the identification of trafficked persons, in particular regarding human trafficking for the purpose of labour exploitation as part of the NAP on Trafficking in Human Beings.

As to issue 14 (b)

National Referral Mechanism

163.The current NAP on Trafficking in Human Beings provides for the development of a National Referral Mechanism (NRM) as a nationwide system for identifying trafficked persons and referring them to suitable aid organisations. It also provides for the collection of examples of good practices to establish and strengthen a transnational referral mechanism for intergovernmental cooperation in the field of child trafficking. At present, internal instructions, e. g. of the BMI and the Labour Inspectorate, are an important basis for the procedure in suspected cases.

164.For the “Guidelines for identifying and dealing with potential victims of child trafficking” drawn up in 2016 as an NRM for the area of child trafficking, see issue 14 (a).

As to issue 14 (c)

Victim protection measures

165.The BMASGPK supports the victim protection organisation MEN VIA, which provides nationwide comprehensive support and advice to male victims of human trafficking.

166.The DG for Women and Equality and the BMI each provide 50 % of the funding for the LEFÖ-IBF victim protection centre for women affected by human trafficking. The contract is open-ended and was extended in 2021. As part of this contract extension and the implementation of the 2021 violence protection package, the financial resources were increased by 50 %. LEFÖ-IBF looks after and counsels female victims of human trafficking (aged ≥ 15) and offers four shelters with 28 places. Additional services since the extension of the contract include move-out accommodations and a “buddy programme” to support victims on their way to an independent life.

167.Preparatory steps have already been taken to set up a nationwide protection centre for victims of child trafficking, including a concept developed by the working group against child trafficking, currently under BMI review regarding funding and responsibility. The BKA’s DG for Family and Youth applied for technical support, especially for a feasibility study based on the concept and for further development of a National Referral Mechanism under the EU “Technical Support Instrument” funding programme.

168.Victims of human trafficking are considered victims under Section 65(1)(a) CCP. They are entitled to all victims’ rights under the CCP, such as legal representation, file inspection, translation assistance, presence at the main hearing, and psychological and legal court assistance. Victims of human trafficking may also be classified as particularly vulnerable victims with extended rights (e. g. to be questioned by a same-sex officer) if their sexual integrity or self-determination may have been violated. Victims’ rights and support in criminal proceedings have been continuously expanded in recent decades, most recently through StPRÄG 2024 (see issue 5).

169.Regarding compensation for victims of human trafficking, victims are routinely informed about their rights and the option to join criminal proceedings as private parties during preliminary questioning. They are also asked during the questioning in court, particularly about joining proceedings as a private party. Such victims are usually represented by victim protection organisations that know available compensation options and assist accordingly. The BMJ promotes increased use of orders relating to assets in criminal proceedings to raise the funds available to meet victims’ compensation claims. The “Guide on Orders Relating to Assets”, updated in 2020 and now in its 3rd edition, remains available for practitioners. It provides specific instructions to help meet victims’ claims.

170.To improve cooperation between NGOs and law enforcement authorities in trafficking cases, the BMJ has organised an annual exchange of experiences and views among prosecution authorities, legal professionals, and specialised victim support organisations (LEFÖ-IBF, MEN-VIA) since 2013. These meetings review closed cases, share best practices, identify areas for improvement and regularly address compensation for victims.

171.The current NAP on Trafficking in Human Beings provides for the following measures to strengthen protection, rehabilitation, reparation and reintegration offers:

•Examination of the appointment of qualified representatives (guardianship model) for the support of potential victims of child trafficking.

•Improving access to specialised residential facilities, support services for trafficked persons with disabilities.

•Creation of uniform nationwide standards for the care and accommodation of trafficked children.

•Training for child and youth welfare workers and caregivers in facilities for families and unaccompanied minors in all Länder.

•Involvement of trafficked persons in combatting human trafficking.

•Ensuring that trafficked persons have access to compensation in accordance with the law, taking into account the seizure and confiscation of assets.

172.See also the measures for victim protection under issue 14 (a).

Establishment of a data collection system

173.To ensure collection of data on human trafficking, the respective data analysis of police crime statistics has been improved, in particular to differentiate between the forms of exploitation. Data is also summarised and transmitted to international organisations and the European Commission. Preparation of an annual operational status report on human trafficking in Austria is planned. An annual progress report on the implementation of the NAP 2024–2027 is provided for.

Statistics

174.According to the BMJ, there were between one and five convictions for child trafficking every year. LEFÖ-IBF looked after between seven and eleven girls aged ≥ 15 every year.

Table 7

Number of investigations conducted between 2015 and 2023 on suspicion of human trafficking (Section 104a StGB ), number of suspects investigated in these proceedings and number of victims identified (adults and minors)

	2015	2016	2017	2018	2019	2020	2021	2022	2023
Investigations	56	23	34	71	42	41	28	41	24
Suspects	74	57	66	96	62	61	38	49	31
Victims	62	41	61	89	66	66	75	104	42

Source: BMI.

As to issue 15

Measures relating to asylum

175.In a case-by-case assessment and within the framework of a fair procedure in accordance with the rule of law, the authorities ensure that protection is granted to those persons who really need it.

176.In the event of an appeal, the judicial review of first-instance decisions by the BVwG – and in special cases by the highest courts (Supreme Administrative Court (Verwaltungs ­gerichtshof – VwGH), VfGH) – guarantees an independent, autonomous review free from instructions.

177.The prohibition of refoulement is given special consideration at every stage of the asylum and return procedure. The principle of non-refoulement is also reviewed during complaint proceedings before the BVwG.

178.BBU GmbH offers high-quality legal advice and representation free of charge. In 2024, further safeguards were introduced to ensure that legal advisors are independent and free from instructions.

As to issue 15 (a)

Asylum centres in third countries

179.Austria is in favour of greater cooperation with safe third countries in the context of migration and advocates strengthening of the concept of safe third countries at EU level, in particular the removal of the “connection criterion”.

180.In principle, third-country models are also compatible with the rights guaranteed by the Covenant. Compliance with the principle of non-refoulement requires regular evaluation of administrative practice in the third country.

As to issue 15 (b)

Detention in third countries

181.To ensure the best possible (re)integration and (re)socialisation, the consistent and prompt transfer of foreign inmates to their home country to serve their sentence is promoted, provided the rule of law and the minimum standards of the ECHR are upheld. This occurs via bilateral and multilateral transfer agreements, but is also possible on a reciprocity basis without a formal legal agreement. New bilateral agreements are under review, as is inviting third countries to join multilateral instruments (mainly the Convention on the Transfer of Sentenced Persons of 21 March 1983 under the Council of Europe). Austria is also increasing use of instruments such as waiving part of the sentence upon voluntary return to the home country. In addition to the training of prison officers, the inmates concerned are proactively informed about possible options for transfer to their home country (e. g. with leaflets in the most common foreign languages).

As to issue 16(recommendations 27 and 28)

Measures against the disappearance of unaccompanied minors

182.In 2021, the BMJ worked with experts to draft law on guardianship for unaccompanied minors from day one. Since competences seemed unclear, the draft law could not be realised in the last legislative period. However, work was resumed in the current legislative period. Together with the BMI and the Länder, the BMJ currently works on a draft ensuring guardianship for such minors from day one (from the first day upon arrival until their assignment to Länder care).

183.Protective measures are taken for minors both while in care as well as in the asylum procedure, include:

•Together with UNICEF, UNHCR and multidisciplinary experts (e. g. child and youth welfare offices), BBU GmbH developed a child protection concept that calls for consideration of best interests of the child in all measures. Federal care centres where children and young people are accommodated are staffed with trained child protection officers and managers trained in child protection. The trained child protection officers receive annual training and are retrained if necessary.

•BBU GmbH immediately reports absent minors under the age of 14 to the police and absent minors aged ≥ 14 to the legal guardian and further steps are taken.

184.Examples of Länder-measures:

•Vorarlberg: After an unaccompanied or separated asylum-seeking child has been assigned by the federal initial reception centre, the (competent) Feldkirch District Administrative Authority (Bezirkshauptmannschaft) responsible for this group of persons applies for guardianship of unaccompanied minor foreigners (UMF), if there are no relatives who can take over this responsibility. The appointment of a guardian lasts a maximum of 12 weeks. UMFs under the age of 14 arriving in Vorarlberg as “self-arrivals” are not transferred to the federal initial reception centres but remain in Vorarlberg under the care of a child welfare facility. They are accompanied to the initial interview by a specialist from the District Administrative Authority’s child and youth welfare department (BH-KJH) to submit an asylum application. The BH-KJH assigns a care facility to care for and educate the minor.

•Vienna: The Vienna Child and Youth Welfare Service takes custody of minors under the age of 14 apprehended in Vienna who apply for asylum as well as minors over 14 assigned to a basic care centre in Vienna. If UMFs are absent from their centres, a police report is filed. Attempts to contact the minors via social media or telephone are also made. Contact may also be maintained with facilities in other countries where the minors have travelled. Contacts via the European Guardianship Network are very helpful in this context.

•Styria: The child and youth welfare office applies to the court for custody of minors under the age of 14 when apprehended in Styria and for minors over 14 when assigned to Styria. For moves to another country, the child and youth welfare office must check as guardian whether this serves the child’s best interests. If so, the child must be transferred to the destination country or can travel there themselves (subject to expert assessment). The responsible child and youth welfare office must promptly inform the destination country of the transfer or onward migration.

Measures against statelessness

185.Since 1 May 2022, stateless persons born in Austria can, in accordance with the UN Convention on the Reduction of Statelessness, apply for simplified acquisition of citizenship within three (instead of two) years of reaching the age of majority pursuant to Section 14 of the Citizenship Act 1985 (Staatsbürgerschaftsgesetz 1985 – StbG, BGBl. No. 311/1985 as amended).

186.Since 2024, the Federal Government and the Länder responsible for enforcement have actively provided information on their websites about this greatly simplified option for acquiring Austrian citizenship, which has also received media coverage.

187.In addition, stateless persons can become Austrian citizens under the same conditions as third-country nationals (e. g. extension of conferral from one parent to minor children). Between 2016 and 2024, 763 stateless persons (290 under 18 years old) became Austrian citizens.

188.If it is unclear whether or not a person has Austrian citizenship, a determination procedure pursuant to Section 42 StbG can be applied for at any time.

As to issue 17(recommendations 29 and 30)

189.The imposition of detention pending deportation must comply with the strict constitutional rules on the protection of personal freedom. Detention pending deportation may only ever be the last resort and can only be imposed if there is a flight risk.

190.Minors under the age of 14 may not be placed in detention pending deportation (however, they may accompany their legal guardians).

191.Detention pending deportation of minors over 14 may only be ordered in justified, exceptional individual cases. They must be accommodated separately from adults in age‑appropriate detention rooms. However, if their parent/guardian has been detained pending deportation, they must always be accommodated together with the parent/guardian.

192.Foreigners under the age of 16 may only be held in detention pending deportation if accommodation and care appropriate to their age and stage of development is guaranteed.

193.Priority is always given to ordering more lenient means. Lenient measures must be applied unless the authority has reason to believe that these cannot achieve the purpose of detention pending deportation. In the context of aliens police proceedings, the legal representative of persons claiming to be minors and, for unaccompanied minors, the youth welfare office will be informed and involved in the proceedings.

194.Detention of minors pending deportation may not exceed a period of three months.

Information on minors in detention pending deportation

Table 8

Number of minors in detention pending deportation at a police detention centre (PDC) between 2022 and 2024 and average detention period in days

	Number of minors (< 18 years) in detention pending deportation in a PDC	Average detention period in days
2022	8	3,5
2023	8	1,5
2024	4	19

Source: BMI.

As to issue 18 (a)

Measures guaranteeing the independence, impartiality and competence of judges

Selection procedure

195.Judges and public prosecutors undergo a highly professional and structured admission procedure (Sections 3 to 24 and Sections 173 to 189 of the Judges and Public Prosecutors Service Act, (Richter- und Staatsanwaltschaftsdienstgesetz – RStDG, BGBl. No. 305/1961 as amended)).

196.Requirements for admission to the judicial training:

•Austrian citizenship.

•Full capacity to act.

•Personal and professional aptitude, including the necessary social skills for the duties associated with the exercise of judicial office.

•Degree in law.

•Seven-month court internship.

197.Personal and professional aptitude is assessed in training courses and oral and written examinations. A psychological opinion is obtained and a medical examination and security check carried out. Following an interview before a commission at the Higher Regional Court, a judicial senate draws up a proposal of the most suitable candidates for the BMJ. Preference is given to applicants whose suitability is greater after weighing the suitability criteria (Section 54 (1) RStDG).

198.As a rule, judicial training lasts four years and must be completed at a district court, regional court, public prosecutor’s office, prison or forensic-therapeutic centre, law office or notary public, the Federal Attorney’s Office (Finanzprokuratur) or a victim protection or welfare organisation. Part of the training can be completed at the BMJ, Data Protection Authority, OGH, Procurator General’s Office, a Higher Regional Court, BVwG, a higher public prosecutor’s office, with the Legal Protection Officer at the BMJ, a probation service, adult protection organisation, child and youth welfare office or in the financial sector. Finally, a written and oral final examination (Richteramtsprüfung) must be taken.

As to issue 18 (b)

Appointment and promotion of judges

199.Anyone who has passed the final examination and completed a total of four years of legal practice, including at least one year in the judicial training, can apply for a vacant position (Sections 25 to 35 RStDG). Unless delegated to the BMJ, the Federal President (Bundespräsident) is responsible for appointment and any further promotion of judges and public prosecutors. Every vacant position must be advertised. Both the Federal President (upon suggestion of the Minister of Justice) and – if the right of appointment has been delegated – the Minister of Justice appoint the judges and public prosecutors on the basis of proposals from the judicial senate. Each proposal names at least three people.

200.Section 54 RStDG defines various criteria relevant for selection:

•Expertise.

•Skills and attitude.

•Diligence, perseverance, conscientiousness, reliability, decisiveness, determination.

•Social skills, communication skills, aptitude for dealing with parties.

•Expressiveness.

•Behaviour in service.

•Corresponding suitability if appointed to an executive position.

•Success.

As to issue 18 (c)

Measures against exertion of influence on judges

201.To guarantee independence and impartiality and prevent undue influence on the judiciary, judges and public prosecutors have various official duties:

•Pursuant to Section 57 RStDG, there is a duty of loyalty to the state and the law, a duty of proper service, a duty of further training, a duty to behave without reproach and a duty to refrain from certain occupations immediately after transfer or retirement.

•Pursuant to Section 59 RStDG, judges and public prosecutors are prohibited from demanding or accepting gifts or other advantages for themselves or third parties in view of their official position or performance of their duties.

•Judges are obliged to report the commencement, nature and extent of gainful secondary employment (Nebenbeschäftigung) and its termination to the authority they work for (Dienstbehörde) without delay. Likewise, significant changes must also be reported immediately (Section 63 RStDG). Violation of the reporting obligation is subject to disciplinary sanctions. The reporting obligation enables checking of whether a secondary employment is prohibited. The same applies to public prosecutors.

•Secondary activity (Nebentätigkeit) is any other activity for the Federation assigned to a judge that is not directly related to their official duties in the administration of justice as well as activities for which the office of a judge is a statutory requirement. Secondary activity not assigned by the authority they work for requires its express consent. Only then does the secondary activity become permissible at all. Exercise of secondary activities without the required consent is subject to disciplinary sanctions. The same applies to public prosecutors.

202.Finally, there are various regulations on the compatibility or incompatibility of exercising the office of a judge with exercising a political function (including Section 92 B‑VG, Section 79 RStDG).

203.Upon a breach of professional or official duties, a disciplinary penalty may be imposed on judges and public prosecutors within disciplinary proceedings (Section 101 RStDG). This includes a reprimand, a fine of up to five months’ salary, transfer to another place of employment and dismissal (Section 104 RStDG).

As to issue 19

Privacy protection measures

204.In accordance with the requirements of Union law (GDPR and Law Enforcement Directive), the protection of personal data is comprehensively guaranteed, including outside the scope of Union law (see Section 4 (1) of the Data Protection Act (Datenschutzgesetz – DSG, BGBl. I No. 165/1999 as amended)).

205.Alongside the general provisions of the GDPR and DSG – which apply to both the private sector and public authorities – and the horizontally applicable provisions of Chapter 3 DSG applicable to the law enforcement sector, numerous sector-specific laws contain special provisions on the processing and protection of personal data.

206.When processing personal data, the principles relating to the processing of data (lawfulness, fairness, transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; accountability) must be observed (see Art. 5 GDPR and Section 37 (1) and (3) DSG).

207.Personal data revealing “racial” or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as genetic and biometric data for uniquely identifying a natural person, data concerning health or a natural person’s sex life or sexual orientation are particularly strictly protected (see Art. 9 GDPR and Section 39 DSG).

208.Data subjects have far-reaching rights (e. g. to information, rectification and erasure; see Chapter III GDPR and Sections 42 to 45 DSG) as well as effective enforcement options (see Art. 77 GDPR in conjunction with Section 24 DSG and Section 34 (5) in conjunction with Section 24 DSG).

209.The right to respect for privacy and the protection of personal data is also comprehensively protected by fundamental rights (see Art. 8 ECHR, Art. 7 and 8 CFR, Section 1 DSG). For any processing of personal data by public authorities, the fundamental right to data protection enshrined in Section 1 DSG requires a (formal and substantive) legal basis.

210.Austria is also a party to the Council of Europe Data Protection Convention (ETS 108) and has ratified the Additional Protocol on supervisory authorities and cross-border data flows (ETS 181) and the Amending Protocol (CETS 223), which has not yet entered into force.

Supervision

211.Data processing by the private sector and public authorities (with the exception of courts acting in their judicial capacity and legislation) is subject to supervision by the independent Data Protection Authority (see Art. 55 GDPR in conjunction with Section 18 and 31 DSG), while legislation is subject to supervision by the Parliamentary Data Protection Committee (see Section 35a DSG). These supervisory authorities have extensive investigative, corrective, authorisation and advisory powers (see Art. 58 GDPR in conjunction with Section 22 DSG [in conjunction with Section 35e DSG] and Section 33 in conjunction with Section 22 DSG).

212.An effective judicial remedy against decisions and inactivity of the supervisory authorities is available before the BVwG (see Art. 130 (1) nos. 1 and 3 B-VG, Art. 78 GDPR in conjunction with Section 24 (8) DSG [in conjunction with Sections 35f and 35g DSG] or Art. 130 (1) nos. 1 and 3 B-VG, Section 34 (5) in conjunction with Section 24 (8) DSG).

213.In addition, a judicial remedy is available for violations of the right to the protection of personal data (see Art. 79 GDPR, Sections 85 and 85a of the Judicial Organisation Act (Gerichtsorganisationsgesetz, RGBl. No. 217/1896 as amended)).

As to issue 20(recommendations 31 and 32)

Measures relating to freedom of thought, conscience and religion

214.The Austrian legal order is religiously neutral by virtue of its constitution. Accordingly, any identification of the state with a particular church or religious society is ruled out, but the state and church in Austria are equal partners who recognise their respective independence and autonomy. The external legal relationships of the churches and religious societies are regulated in special acts, and the Constitutional Law on the General Rights of Citizens (Staatsgrundgesetz – StGG) guarantees the autonomous administration of their internal affairs, such as their internal organisation or religious doctrine. In addition to the status as a legally recognised church or religious society, a two-tier system enables the acquisition of legal personality as a “state-registered religious denomination”, which is not, however, a corporation under public law. There are currently 16 recognised churches and religious societies and eleven religious denominations in Austria.

Preventing legal restrictions

215.The Islam Act 2015 (Islamgesetz 2015, BGBl. I No. 39/2015 as amended) was developed over a period of three years. Islamic religious societies, representatives of civil society, Islamic scholars and legal experts were involved in the drafting process. The law regulates numerous issues that had not been expressly regulated by law until then (e. g. the protection of religious designations of religious societies, pastoral care in state institutions (hospitals, military, prisons), anchoring of Islamic theological studies or Islamic cemeteries). Particular attention was paid to the “foreign financing prohibition” (Section 6 (2)), which stipulates that a religious society must raise funds domestically for its ordinary activities to satisfy the religious needs of its members. In 2019, the VfGH declared this provision to be compatible with Art. 9 ECHR: The preservation of the autonomy and independence of a religious society is an objective in the public interest and ultimately guarantees the free management of the internal affairs of religious societies. Section 6 (2) prevents the influence of foreign states and their institutions on the free exercise of religion by members of Islamic religious societies.

Independent and effective control

216.Since the introduction of two-tier administrative jurisdiction in 2014, complaints against dismissals of applications for legal personality as a religious denomination or for legal recognition can be lodged with an independent administrative court.

217.Since 2013, there have been two new legally recognised churches and religious societies (the Free Churches in Austria and the Alevi Society in Austria) and five religious denominations (“Islamic Shiite Religious Community in Austria”, the “Old Alevi Religious Community in Austria”, the “Unification Church in Austria”, the “Sikh Religious Community in Austria” and the “Free Alevi Religious Community in Austria”). Two applications for legal personality were rejected (“Church of the Flying Spaghetti Monster” and “Atheist Religious Society”), but both communities have legal personality as associations.

218.Apart from the costs of religious education in schools, which are restricted to legally recognised churches and religious societies, there is no direct funding restricted to religious societies.

As to issue 21(recommendations 33 and 34)

Civilian service

219.The legislature set the duration of civilian service at nine months through a constitutional provision. The burden of civilian service for male citizens should, on average, be as close as possible to that of military service. Unlike conscripts, those performing civilian service are not subject to disciplinary law. The average weekly working time is 40 hours. There is free choice of doctor, and sick leave is taken at home. Those doing civilian service are entitled to two weeks off work, while military service offers none.

220.The legal duration of civilian service is three months longer to reach the same average workload. A comparison of duties and burdens shows that equalising the duration could discriminate against military service members.

221.In 2023, 16,492 of 31,316 conscripts fit for military service declared for civilian service. That equals 52.66 % of those fit for conscription. In 2024, those in civilian service received € 585.10 monthly; on average, an extra € 480 for food was paid or meals provided in kind. Those doing civilian service are covered by health, accident, and pension insurance.

As to issue 21 (a) and (b)

222.It is not intended to amend the regulations on the submission of a declaration for civilian service, including the permissible time of such a declaration in Section 1 (2) of the Civilian Service Act 1986 (Zivildienstgesetz 1986, BGBl. No. 679/1986 as amended).

As to issue 21 (c)

223.According to Section 9 (2) of the Military Service Act 2001 (Wehrgesetz 2001, BGBl. I No. 146/2001 as amended), early military service is possible from age 17. The mandatory requirements are voluntary registration and consent of the legal representative.

224.For the following reasons, no amendment of this regulation is planned:

•It was created exclusively to give young people who have already completed their vocational training at age 17 the opportunity to complete military service voluntarily directly after this training. This pursues two objectives: Firstly, eliminating the need for young people who complete their training early to wait before starting their military service. Secondly, improving opportunities on the labour market and avoiding a phase of unemployment for those who complete their vocational training at 17 but do not get a permanent job until they have completed their military service.

•The Austrian Armed Forces do not actively advertise this option and do not promote the recruitment of under-18-year-olds in any way. Moreover, statutory provisions and internal instructions ensure that soldiers under 18 do not participate directly in hostilities as part of a deployment (see Section 41 (2) of the Military Service Act 2001) and are not deployed on foreign soil (Section 1 (1) of the Foreign Deployment Act 2001 (Auslandseinsatzgesetz 2001, BGBl. I No. 55/2001 as amended)).

•These regulations also fully comply with the Convention on the Rights of the Child and the First Optional Protocol.

As to issue 22

Recent legislative measures

225.For the individual measures under criminal law to effectively combat online hate speech, see issue 4 (a).

226.Austria is working intensively on the implementation of Directive (EU) 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings. This ensures the protection of journalists, human rights activists and persons who engage in public participation should they be wrongly prosecuted in civil court.

Other measures

227.Since 2021, specially trained media liaison officers have served as a link between police and media representatives during major operations. They are the main point of contact before operations, are present during them, and have direct access to operations management. They mediate between police and media representatives if problems arise. They support media reporting by keeping suitable areas clear, coordinating with emergency services, and taking situation-specific precautions. Restrictions on accredited press members’ movement are only allowed in justified individual cases, e. g. when there’s a specific threat to life or health. In such cases, media liaison officers help explain the decision on-site. They are the main contact for media representatives regarding alleged restrictions and for recording criminal or administrative offences.

228.The police’s primary goal at any gathering is to protect the lives and health of everyone involved. Still, assaults can never be entirely ruled out in large crowds. If police detect a dangerous assault or administrative offence, immediate action is taken – guided by proportionality – to protect those at risk and end the assault or offence.

Freedom of Information Act

229.The Freedom of Information Act (Informationsfreiheitsgesetz, BGBl. I No. 5/2024, entry-into-force: 1 September 2025) provides for transparency on two pillars:

•Proactive publication of general interest information by administrative bodies (federal, Länder and municipal) in an information register and by the National Council, Federal Council, Court of Audit, AOB, bodies of ordinary jurisdiction, administrative courts, VwGH and VfGH on their websites. General interest information is information relevant to a large group of people, such as division of tasks, activity reports as well as studies, expert opinions, surveys or contracts of interest to the general public. General interest information is only withheld if a reason for non-disclosure exists (e. g. publication jeopardises national security or violates data protection).

•Based on a constitutionally guaranteed right of access to information, administrative bodies (federal, Länder and municipal) as well as foundations, funds, institutions and companies not exercising sovereign power that are subject to the control of the Court of Audit or a Länder court of audit must provide information upon (informal) request within four weeks. Information is any record existing at a body obliged to provide information that serves official or business purposes. However, reasons for non‑disclosure may exist that oppose the provision. For example, consideration must be given to privacy rights (in particular data protection) or – for bodies not exercising sovereign power – to competitiveness. If information is not provided, an administrative decision can be requested.

As to issue 23

Regulation of freedom of assembly

230.Freedom of assembly is guaranteed by Art. 12 StGG and Art. 11 ECHR and regulated by the Assembly Act 1953 (Versammlungsgesetz 1953, BGBl. No. 98/1953 as amended). Assemblies can only be prohibited after strict balancing of the affected legal interests and the fundamental right of freedom of assembly. Assemblies must be prohibited by the authorities if their purpose contravenes criminal law or their organisation endangers public safety or the public good. An official dispersal and any forced execution of this dispersal may only take place after strictest weighing of the affected legal interests against the fundamental right to freedom of assembly and only if there are massive obstructions or disturbances. During basic training, every police officer undergoes training on intervening in large groups, including crowds. Police officers working in public order units undergo specialised training and regular further training.

As to issue 23 (a)

Information on not allowed assemblies

231.During the reporting period, assemblies, including pro-Palestinian ones, were not allowed by the competent authorities pursuant to Assembly Act provisions.

As to issue 23 (b)

Information on sanctions against demonstrators

232.Criminal law defines the offence of condoning terrorist offences (Section 282a (2) StGB). This is fulfilled if someone publicly condones a terrorist offence (Section 278c (1) nos. 1 to 9 or 10 StGB) in a way accessible to many people and likely to create the risk of one or more such offences being committed.

233.If slogans are chanted at rallies (and thus publicly) in Austria or displayed on signs that are also used by Hamas (a terrorist organisation) and question the existence of Israel in its current form – in the context of the terrorist attack by Hamas on Israel on 7 October 2023 – this appears likely to constitute an initial suspicion of condoning terrorist offences, as the attacks by Hamas are at least approved of, if not presented as praiseworthy, thus engendering the risk defined by Section 282a (2) StGB.

234.Investigations are therefore initiated against people who chant such slogans or display them on signs at pro-Palestine demonstrations to examine their intentions more closely and thus verify the existence of a suspected offence pursuant to Section 282a StGB. In individual cases, criminal charges were also filed.

235.Data on 1,301 arrests and 15,802 administrative or criminal charges at assemblies are available for the period 2020–2023.

As to issue 24 (c)

Information about complaints

236.For the period 2020–2023, data is available on 29 complaints against the intervention of police officers at assemblies.

237.Within the NPM mandate, commissions of the AOB can review the direct command authority and coercive force of police, including at demonstrations. The AOB and its commissions are informed of upcoming demonstrations by the police. The commissions have the right to attend any demonstration and exercise this right on a random and unannounced basis.

238.The AOB reports that police handle the majority of demonstrations in a correct and professional manner and a need for improvement exists only in isolated cases.

As to issue 24 (a)

Measures on exercising electoral rights without discrimination

239.Measures supporting eligible voters with disabilities:

•Persons with physical, sensory or cognitive disabilities can be guided by a companion and assisted in casting their vote in the polling booth.

•Templates are available for blind and severely visually impaired persons to fill in the ballot paper and the polling card (the polling card template also has a Braille imprint).

•Each polling location has at least one (as of 2028 only) barrier-free accessible polling station(s) with at least one accessible polling booth. Guidance systems or equivalent solutions, such as stewarding services, are available for blind and visually impaired people. For postal voting in a municipality before election day, immediately after the polling card has been issued, a barrier-free polling booth or area is provided for voting.

•Persons with reduced mobility can request a visit by a “mobile” polling station on election day.

•Separate electoral precincts may be established in hospitals and care institutions, including elderly and nursing homes, as well as residential facilities for persons with disabilities and youth welfare services, to facilitate voting by persons in need of treatment or care.

•The polling cards are accompanied by an information leaflet on the voting process and voting with a polling card, which is written in easy language and large font size.

•In municipalities, information on the election process must be disseminated in easily legible language as is customary in the locality.

240.Examples of Länder-measures:

•Vienna: In the 2024 Austrian National Council elections, 1,485 of 1,499 polling stations were accessible and equipped with a wheelchair voting booth; in the Vienna City Council and district council elections on 27 April 2025, 1,497 of 1,504 Vienna polling stations were accessible.

•Styria: In the 2024 Austrian National Council elections, 1,315 of 1,383 polling stations were already accessible.

As to issue 24 (b)

Support measures for persons with disabilities

241.The NAP on Disability 2022–2030 is comprehensively dedicated to accessibility and provides for:

•Continuous and coordinated implementation of accessibility at federal, state and municipal level (objective 103); public clients should become pioneers in the procurement of accessible products and services (objective 104).

•Information and core content of all federal ministries should increasingly be available in plain language, Austrian sign language translation videos, with subtitles and in other accessible media services; ongoing training of all federal ministry employees on accessible information and communication (e. g. objectives 110–113, measures 111, 114, 117, 118, 119).

•Training of additional interpreters in sign language and establishment of a central sign language interpreting centre in the Länder (measures 125–126); needs-based expansion of support services for the deaf and hard of hearing, e. g. through written interpreting (measure 127).

242.The Accessibility Act (Barrierefreiheitsgesetz, BGBl. I No. 76/2003), which entered into force in June 2025, aims at ensuring accessibility of important products and services in the information and communication technology sector. It establishes uniform EU-wide accessibility standards for certain products and services to be complied with by economic operators. For blind, visually impaired and deaf people in particular, this will improve the accessibility of computers, smartphones, e-books, ATMs, ticket machines and e-banking.

243.The Telecommunications Act (Telekommunikationsgesetz, BGBl. I No. 190/2021), which entered into force in 2021, guarantees barrier-free access to emergency call services for persons with disabilities in line with EU-wide standards. 

244.Persons with disabilities have access to all services, measures and support available under labour market policy, some of which have been expanded, adapted or supplemented for this group. Specially trained advisors assist via individually tailored qualification and support measures for jobs in the labour market, transitional employment or employment projects. Further support is provided via financial benefits, such as the integration allowance. In 2023, 17,400 persons with disabilities benefited from an AMS support programme.

245.Since 2024, there is no automatic establishment of incapacity for work of adolescents and young adults (up to the age of 25). This promotes inclusion of young persons with limited ability to work and contributes to comprehensive participation in all areas of life and better financial security for this group.

As to issue 24 (c)

Election information

246.Election information is provided as follows:

•Posts on the BMI homepage are accessible.

•Texts on elections are available in easy-to-read language, in sign language and as audio files.

•The polling cards are accompanied by an information leaflet on the voting process and voting with a polling card, which is written in easy language and large font size.

•Notices listing candidates on electoral lists must be published in a minimum font size.

•The BMI cooperates with organisations for persons with disabilities, e. g. the Austrian Disability Council.

•Information about the voting process in plain language is available in municipalities and at polling stations.

•A free telephone hotline is available around four weeks before the election daily from 08:00–17:00 and on election day to answer questions about the election.

247.Full accessibility of electoral processes and electoral information is a goal of the NAP on Disability 2022–2030.

248.Examples of Länder-measures:

•Vienna: Distribution of election information via various channels (print media, printed version, radio spots) to reach the widest audience; comprehensive information on the internet, also available via digital voice assistant; animated videos on key processes (e. g. postal voting); special letter with information on voting process and importance of participating in elections for newly naturalised people and people eligible to vote for the first time; low-threshold information (e. g. voting information in “easy-to-read” version) for persons with learning difficulties or those from less educated backgrounds; videos on voting process in Austrian sign language for deaf people; election information for persons with disabilities is created in consultation with their interest groups and distributed via them; information from the city service on elections by telephone, live chat and digital assistant “Wien-BOT” (provides predefined standardised answers).

•Vorarlberg: Election information is also provided in easy language (“easy-to-read” version).

Promoting participation by certain groups in political/public life(recommendations 17 and 18)

249.Like the NAP on Disability 2012–2020 (2021) (e. g. information materials in easylanguage or sign language and accessible design of polling stations), the NAP on Disability 2022–2030 also aims to ensure that persons with disabilities can exercise their right to vote in Austria on equal footing.

250.The BKA’s funding for national minorities was doubled in 2021 and continues to support organisations and initiatives of national minorities in education, culture, media, sport and research.

251.National minority advisory councils at the BKA advise the Federal Government and the federal ministers concerning national minority issues. They safeguard and represent the overall cultural, social and economic interests of national minorities and must be consulted in particular prior to enactment of legal provisions and on general plans concerning funding affecting the interests of national minorities. The national minority advisory councils may also submit proposals for improving the situation of national minorities and their members.

252.The Roma Contact Point at the BKA regularly organises Roma dialogue platforms. These serve to promote dialogue between experts, the administration and Roma civil society. This includes anchoring Roma-specific concerns at the administrative level and promoting cooperation and sharing of experiences.

253.In 2022, the Federal Minister of Labour and Economy approved the special directive “Roma Empowerment on the Labour Market 2023–2030”. This promotes the participation of Roma in the labour market and society as a whole. The special directive also promotes tolerance towards marginalised groups such as the Roma. Approximately € 10 million will be available for this purpose by 2030.