This UPR tool reflects the global recommendations made to Austria by all countries world-wide during the Universial Priodic Review process (UPR) at the UN Human Rights Council and their current status of implementation. The League coordinates a significant part of Austrian civil society in the UPR process.
The recommendations can be filtered in the menu below by human rights topics, SDGs, proponent states etc. also a search function is available.
We welcome your comments and suggestions at upr@liga.or.at.
Progress: Success
Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
Proponent:
French Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
Austria ratified the relevant protocol to the Convention on the Rights of the Child in 2002:
BGBl III Nr 92/2002 or Ratification list of the UN.
Progress: In progress
Ensure a comprehensive mandate of the Austrian Ombudsman Board, particularly with regard to children’s rights
Proponent:
Republic of Moldova
Remarks to progress by Liga (last modified Dec 31, 2024):
The mandate of the Austrian Ombudsman Board is comprehensively enshrined in constitutional and ordinary law and, in addition to the activities of an ombudsman’s office to monitor the state administration and the function of the National Human Rights Institution, also includes its position as a national preventive mechanism under the OPCAT (The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) via the relevant commissions and the Human Rights Advisory Council (Ombudsman’s Office preventive human rights monitoring). From a children’s rights perspective, complementary measures should be examined, such as strengthening and harmonising the mandate of the Ombudspersons for Children and Youths in the federal states as well as more extensive structures focused on the implementation of children’s rights in Austria, similar to the monitoring structures under the Convention on the Rights of Persons with Disabilities.
Progress: In progress
Investigate reports and identify child victims of sexual exploitation and trafficking, and ensure that perpetrators are brought to justice
Proponent:
Republic of Botswana
Remarks to progress by Liga (last modified Dec 31, 2024):
Austria has clear provisions against human trafficking in its criminal law, including criminal sanctions of up to ten years for serious cases. Nevertheless, law enforcement should be further strengthened and it should be ensured that perpetrators are effectively prosecuted and convicted, while victim protection and access to legal assistance are improved. With regard to measures to combat human trafficking, including child trafficking, the Federal Government has set extensive goals in the areas of prevention, victim protection, prosecution and monitoring in its National Action Plan 2021-2023. The sixth National Action Plan for Combating Human Trafficking for the years 2021 to 2023 is available as a PDF on the website of the Federal Ministry for European and International Affairs (see: https://www.bmeia.gv.at/fileadmin/user_upload/Zentrale/Aussenpolitik/Menschenrechte/Beilage_1_VI._Nationaler_Aktionsplan_zur_Bekaempfung_des_Menschenhandels__NAP__2021-2023.pdf). A key challenge remains the identification of trafficked persons in the area of labour exploitation, the guarantee of residence security for these persons and the implementation of measures against child trafficking and sexual exploitation. In addition, the collection of relevant data in these areas poses a further difficulty. Every year on the European Day against Trafficking in Human Beings, the Austrian Task Force against Trafficking in Human Beings/MFAO, in partnership with Liechtenstein, organises a conference on current implementation challenges (further information can be found on the website of the Federal Ministry for European and International Affairs: https://www.bmeia.gv.at/themen/menschenrechte/kampf-gegen-den-menschenhandel/ available).
Progress: In progress
Enhance ongoing measures to combat trafficking in persons and exploitation of children and ensure perpetrators are brought to justice
Proponent:
Republic of the Union of Myanmar
Remarks to progress by Liga (last modified Dec 31, 2024):
With regard to measures to combat human trafficking, including child trafficking, the Federal Government has set extensive goals in the areas of prevention, victim protection, prosecution and monitoring in its National Action Plan 2021-2023. However, challenges remain, for example, in the identification of trafficked persons in the area of labour exploitation, in the security of residence for trafficked persons and in measures against child trafficking. Austria has clear provisions against human trafficking in its criminal law, including criminal sanctions of up to ten years for serious cases. Nevertheless, law enforcement should be further strengthened and it should be ensured that perpetrators are effectively prosecuted and convicted, while victim protection and access to legal assistance are improved.
Progress: No progress
Take further measures to harmonize protection standards for victims of child trafficking throughout the country
Proponent:
Republic of Moldova
Remarks to progress by Liga (last modified Dec 31, 2024):
A working group on child trafficking coordinated by the Federal Criminal Police Office (Family) as part of the interministerial task force against human trafficking presented a concept for an Austria-wide protection centre for trafficked children in 2021, which has not yet been implemented. However, a revision of „guidelines for action“ for those involved in identifying and protecting victims of child trafficking, which is planned by the Child Trafficking Working Group in 2023, depends on this and should enable a more harmonised approach across the country. There are also deficits in the area of legal protection for children, including access to compensation.
Progress: In progress
Take further measures to harmonize protection standards for victims of child trafficking throughout its territory, and refine its data collection to cover all forms of trafficking and sexual exploitation of children
Proponent:
Democratic Socialist Republic of Sri Lanka
Remarks to progress by Liga (last modified Dec 31, 2024):
A working group on child trafficking coordinated by the Federal Criminal Police Office (Family) as part of the interministerial task force against human trafficking presented a concept for an Austria-wide protection centre for trafficked children in 2021, which has not yet been implemented. However, a revision of „guidelines for action“ for those involved in identifying and protecting victims of child trafficking, which is planned by the Child Trafficking Working Group in 2023, depends on this and should enable a more harmonised approach across the country. There are also deficits in the area of legal protection for children, including access to compensation. A key challenge remains the identification of trafficked persons in the area of labour exploitation, the guarantee of residence security for these persons and the implementation of measures against child trafficking and sexual exploitation. In addition, the collection of relevant data in these areas poses a further difficulty. Every year on the European Day against Trafficking in Human Beings, the Austrian Task Force against Trafficking in Human Beings/MFAO, in partnership with Liechtenstein, organises a conference on current implementation challenges (further information can be found on the website of the Federal Ministry for European and International Affairs: https://www.bmeia.gv.at/themen/menschenrechte/kampf-gegen-den-menschenhandel/ available).
Progress: No progress
Examine the Covid-19-related long-term consequences for the state of human rights protection in Austria with a special focus on the situation of women and children affected by domestic violence
Proponent:
Federal Republic of Germany
Remarks to progress by Liga (last modified Dec 31, 2024):
The COVID-19 pandemic has also led to far-reaching restrictions on fundamental human and children’s rights in Austria (personal freedom, freedom of movement, education, health, etc.). However, there has been no review of the experiences to date; the federal government announced an analysis process led by the Academy of Sciences in May 2023; however, the involvement of civil society in the process remains unclear. In March 2023, the Austrian Children’s Rights Network, with the support of the Ministry of Social Affairs, published a „Corona Special Report“, which takes a detailed look at the many detrimental consequences of the fight against the pandemic for children (in the areas of civil liberties, information and participation, education, teaching, leisure, mental health, poverty, protection against violence and child rights monitoring) („Children’s Rights and Corona“ special report: here). The LBI-GMR is running two projects in 2023 on crisis management and children’s rights, including a series of workshops with children and young people on their insights from the pandemic (available on the website: https://gmr.lbg.ac.at/forschung/menschenwuerde-und-oeffentliche-sicherheit/). There has been an increase in domestic violence during the COVID-19 pandemic. However, the current state of affairs shows that Austria’s measures and resources to combat domestic violence are inadequate. The rising number of cases of domestic violence during the pandemic has been repeatedly addressed by non-governmental organisations. Other effects of the COVID-19 pandemic include an increased suicide rate, including among young people, and a greater need for psychosocial support. The federal government is currently not systematically analysing and investigating the causes. It would be desirable to advance research here, not only to counter the specific effects of the COVID-19 pandemic, but also to be able to design measures in a more human rights-compliant manner in a comparable crisis in the future;
Progress: In progress
Continue to increase the availability and accessibility of child and adolescent mental health service and programme
Proponent:
Democratic Republic of Timor-Leste
Remarks to progress by Liga (last modified Apr 1, 2025):
The free psychosocial care programme for children, adolescents and young adults „Gesund aus der Krise“ has entered a second phase following requests from several organisations. The aim of „Gesund aus der Krise“ is to offer low-threshold psychosocial care throughout Austria without long waiting times. However, authorisation is usually only granted for 10 to 15 hours of treatment, whereas the majority of cases would require more time. It would be necessary to make the programme open-ended and provide additional funding. More free, low-threshold therapy programmes are generally necessary. In the Government Plan 2025-2029, the Federal Government is focussing on joint improvements with all stakeholders on this point (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: In progress
Continue to increase the availability and accessibility of child and adolescent mental health services and programs
Proponent:
Portuguese Republic
Remarks to progress by Liga (last modified Apr 1, 2025):
The free psychosocial care programme for children, adolescents and young adults „Gesund aus der Krise“ has entered a second phase following requests from several organisations. The aim of „Gesund aus der Krise“ is to offer low-threshold psychosocial care throughout Austria without long waiting times. However, authorisation is usually only granted for 10 to 15 hours of treatment, whereas the majority of cases would require more time. It would be necessary to make the programme open-ended and provide additional funding. More free, low-threshold therapy programmes are generally necessary. In the Government Plan 2025-2029, the Federal Government is focussing on joint improvements with all stakeholders on this point (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: In progress
Strengthen measures to address obesity in children and to promote a healthy lifestyle, as recommended by the Committee on the Rights of the Child
Proponent:
Democratic Socialist Republic of Sri Lanka
Remarks to progress by Liga (last modified Dec 31, 2024):
The range and effectiveness of the measures are to be increased, with the aim of improving availability and reducing waiting times in order to enable faster help for those affected. Studies show that mental stress in children and adolescents has increased significantly in recent years, particularly due to the COVID-19 pandemic. This is often linked to obesity.
Progress: In progress
Ensure free and timely access to appropriate health-care for all, including LGBTI+ persons, children and adolescents where the young person has sufficient maturity to provide informed consent
Proponent:
Republic of Iceland
Remarks to progress by Liga (last modified Dec 31, 2024):
In the „Concluding Observations“ on the situation of children’s rights in Austria, published in March 2020, the United Nations Committee on the Rights of the Child called for a ban on the performance of medically unnecessary treatments or surgical interventions on children with variations in gender development (intersex children). These measures should only be carried out if they are safe and can be postponed until the children concerned are able to give their consent on the basis of an informed decision (see paragraph 27, lit a). However, there is no concrete information on the exact steps to implement these recommendations (see Convention on the Rights of the Child as PDF: here). On 10 May 2024, the UN Committee against Torture (CAT) published new recommendations to Austria concerning the protection of intersex people (see CAT recommendations to Austria 2024: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/SessionDetails1.aspx?SessionID=2749&Lang=en). In points 42 and 43 of its „Concluding Observations“, the committee expressed the desire for legal regulation to prohibit non-medically necessary interventions on intersex children. Furthermore, the committee recommended that people who have undergone such treatments should be adequately compensated and that counselling and support structures should be set up. These recommendations build on those made by the CAT in 2015, in which Austria was already called upon to ensure the protection of intersex people from harmful interventions. Despite this call, Austria has not yet implemented any corresponding measures, which is why it now seems important to reiterate the recommendations. VIMÖ has submitted an alternative report to the UN Committee in which the procedures practised in Austria are scientifically documented. The report shows that there are more than 1,000 hospital discharges of children and adolescents with variations in sex characteristics every year. Many of these discharges are associated with operations that can be categorised as intersex genital mutilation (IGM) (see alternative VIMÖ report: https://vimoe.at/2024/04/25/oesterreich-vom-un-ausschuss-gegen-folter-cat-geprueft-veroeffentlichung-unseres-ngo-berichts-und-bedeutende-antwort-oesterreichs/). During the hearing on 17 April 2024, Austria admitted that such operations continue to be carried out. Reference was also made to existing legal regulations intended to protect minors from such interventions;The European Commission’s LGBTIQ Equality Strategy 2020-2025 calls for an end to this „genital mutilation of intersex people (see: here). International organisations, including the UN, the European Parliament and the European Commission, also support the end of these practices. Other European countries such as Malta, Greece and Germany have already passed corresponding laws.
Progress: No progress
End harmful practices, including forced and coercive medical interventions, to ensure the bodily integrity of children with intersex variations
Proponent:
Republic of Iceland
Remarks to progress by Liga (last modified Dec 31, 2024):
In June 2021, the Austrian National Council unanimously passed resolution 1594/A(E) on the „Protection of intersex children and adolescents from medically unnecessary treatments of their sex characteristics“ (see parliament’s website: here). The Federal Ministry of Justice (BMJ) then set up a working group – with the involvement of civil society, psychotherapists and doctors – to draw up a draft law. The working group completed its work in November 2021. A corresponding draft has been pending since then. Back in 2020, the UN Committee on the Rights of the Child called on Austria to protect intersex children from non-necessary and non-consensual medical interventions. The Committee described this practice as „harmful and referred to the UN Convention against Torture“. Austria was already reprimanded by the UN Committee against Torture in 2015 for such treatments (reprimands to Austria in the VIMÖ/PIÖ position paper: https://vimoe.at/2020/02/25/februar-2020-un-kinderrechtsausschuss-ruegt-oesterreich-fuer-nicht-notwendige-behandlungen-an-inter-kindern/). The European Commission’s LGBTIQ Equality Strategy 2020-2025 also calls for an end to this „genital mutilation of intersex people (see: https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/combatting-discrimination/lesbian-gay-bi-trans-and-intersex-equality/lgbtiq-equality-strategy-2020-2025_e). International organisations, including the UN, the European Parliament and the European Commission, also support the end of these practices. Other European countries such as Malta, Greece and Germany have already passed corresponding laws. Self-advocacy organisations such as the Verein Intergeschlechtlicher Menschen Österreich (VIMÖ/OII Austria) are calling for a law to protect intersex children and young people or children and young people with variations in gender characteristics (VIMÖ website: https://www.ots.at/presseaussendung/OTS_20230411_OTS0032/vimoe-zu-lgbtiq-intergroup-im-parlament-intergeschlechtliche-kinder-muessen-geschuetzt-werden-verbot-seit-zwei-jahren-ausstaendig). On 10 May 2020, the UN Committee against Torture (CAT) issued new recommendations to Austria on the protection of intersex people. In points 42 and 43 of its „Concluding Observations“, the Committee is in favour of a legal regulation that prohibits medically unnecessary interventions on children. It also recommends compensating people who have undergone such interventions and setting up counselling and support structures. These recommendations build on those of the 2015 CAT, in which Austria was also called upon to ensure the protection of intersex people from harmful interventions. To date, Austria has not implemented these recommendations.
Progress: No progress
Strengthen access for all children to free, equitable and quality primary and secondary education, regardless of their socioeconomic status
Proponent:
Democratic Socialist Republic of Sri Lanka
Remarks to progress by Liga (last modified Apr 1, 2025):
In implementation of the EU Child Guarantee, the Children’s Opportunities programme was initiated in Austria to ensure basic services for children, particularly those in disadvantaged circumstances (early childhood education, health, combating child poverty); however, the necessary action plan, which has been due from the federal government for well over a year, has not yet been presented (see website of the Ministry of Social Affairs: <a
href=https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html)>https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html). In addition, the Integration Department at the Federal Chancellery supports low-threshold language support courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded. In addition, the Ombuds Office for Children and Youths offers an education ombudsman service for kindergartens and schools, which provides support for various school-related problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools. We would also like to draw attention to current statements written by members of the Children’s Rights Network. These relate to various developments, including refugee and asylum coordination, the inclusion of children with disabilities in collaboration with the Austrian Disability Council and protection against violence in collaboration with the Association of Child Protection Centres and „Die Möwe.“ In addition, the Children’s Rights Network submitted a supplementary report to the 5th and 6th Report of the Republic of Austria to the United Nations in accordance with Article 44 (1b) of the Convention on the Rights of the Child. The following demands are presented in this report on behalf of the Children’s Rights Network: The introduction of compulsory kindergarten years, an expansion of educational opportunities for children under the age of three, targeted support for children with special needs, including affordable language support, the transfer of elementary education to federal competence and improved training for educators and a comprehensive integration of children’s and human rights into early childhood education and appropriate further training for educators (see report: https://www.kinderhabenrechte.at/wp-content/uploads/2022/12/Bericht_DT.pdf).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Strengthen efforts to access quality education for all children, regardless of their socio-economic status
Proponent:
Republic of Maldives
Remarks to progress by Liga (last modified Apr 1, 2025):
In implementation of the EU Child Guarantee, the Children’s Opportunities programme was initiated in Austria to ensure basic services for children, particularly those in disadvantaged circumstances (early childhood education, health, combating child poverty); however, the necessary action plan, which has been due from the federal government for well over a year, has not yet been presented (see website of the Ministry of Social Affairs: <a
href=https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html)>https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html). In addition, the Integration Department at the Federal Chancellery supports low-threshold language support courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded. In addition, the Ombuds Office for Children and Youths offers an education ombudsman service for kindergartens and schools, which provides support for various school-related problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools. We would also like to draw attention to current statements written by members of the Children’s Rights Network. These relate to various developments, including refugee and asylum coordination, the inclusion of children with disabilities in collaboration with the Austrian Disability Council and protection against violence in collaboration with the Association of Child Protection Centres and „Die Möwe.“ In addition, the Children’s Rights Network submitted a supplementary report to the 5th and 6th Report of the Republic of Austria to the United Nations in accordance with Article 44 (1b) of the Convention on the Rights of the Child. The following demands are presented in this report on behalf of the Children’s Rights Network: The introduction of compulsory kindergarten years, an expansion of educational opportunities for children under the age of three, targeted support for children with special needs, including affordable language support, the transfer of elementary education to federal competence and improved training for educators and a comprehensive integration of children’s and human rights into early childhood education and appropriate further training for educators (see report: https://www.kinderhabenrechte.at/wp-content/uploads/2022/12/Bericht_DT.pdf).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Intensify efforts to promote equal opportunities in access to education for Roma children at all levels
Proponent:
Republic of Ghana
Remarks to progress by Liga (last modified Dec 31, 2024):
In 2021, the Austrian „Strategy for the Continuation of the Inclusion of Roma in Austria“ was updated (see report „Strategy for the Continuation of the Inclusion of Roma in Austria“ published by the Federal Chancellery 2021: https://www.bundeskanzleramt.gv.at/dam/jcr:b556a06c-cd86-4b3d-a492-815c8a1bfb84/Strategie%20Roma%20Inklusion.pdf). Although the strategy for the inclusion of Roma in Austria aims to combat antiziganism (marginalisation and hostility towards Sinti and Roma), it does not contain any specific information on financial support for measures to combat hostility towards Roma and Sin:tizze.
Progress: No progress
Continue efforts to promote equal access to education for children from ethnic minorities, such as the Roma
Proponent:
Republic of Peru
Remarks to progress by Liga (last modified Dec 31, 2024):
In 2021, the Austrian „Strategy for the Continuation of the Inclusion of Roma in Austria“ was updated (see report „Strategy for the Continuation of the Inclusion of Roma in Austria“ published by the Federal Chancellery 2021: https://www.bundeskanzleramt.gv.at/dam/jcr:b556a06c-cd86-4b3d-a492-815c8a1bfb84/Strategie%20Roma%20Inklusion.pdf). Although the strategy for the inclusion of Roma in Austria aims to combat antiziganism (marginalisation and hostility towards Sinti and Roma), it does not contain any specific information on financial support for measures to combat hostility towards Roma and Sin:tizze.
Progress: No progress
Strengthen access for all children, including the Roma children, to equitable, quality and free primary and secondary education
Proponent:
Republic of Senegal
Remarks to progress by Liga (last modified Dec 31, 2024):
A well-functioning school system in the mother tongue forms the fundamental basis for the existence and further development of ethnic groups. The language of an ethnic group is a central component of its cultural identity, the preservation and appreciation of which the Austrian state has guaranteed in accordance with the Federal Constitution. The federal government and the legislator have a responsibility to ensure that ethnic groups have non-discriminatory access to educational opportunities in their own language. To date, bilingual education has only been regulated by law in some federal states. However, there are no clear guidelines for important areas of education such as early childhood education, kindergarten care and after-school programmes. In secondary education, the use of the languages of the national minorities is often lost, as there is a lack of appropriate and high-quality bilingual education programmes in many places. Outside the scope of the minority school laws – especially in Styria and Vienna – the national minority groups are completely excluded from bilingual education in the public school system (website of the Federal Chancellery: here). This recommendation was only noted in the 3rd cycle of the UPR. In the eyes of civil society, it would be desirable to adopt such recommendations in the next cycle and to consider implementing them now. There is an urgent need to provide financial and other resources. This should ensure that members of ethnic groups not covered by minority school laws have unrestricted access to fair and appropriate bilingual education This was also called for as an immediate measure by the Committee of Ministers of the Council of Europe in its Resolution CM/ResCMN (2023)14 of 13 December 2023 on the implementation by Austria of the Framework Convention for the Protection of National Minorities (see: https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680adcf6e%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}). In 2021, the Austrian „Strategy for the Continuation of the Inclusion of Roma in Austria“ was updated (see report „Strategy for the Continuation of the Inclusion of Roma in Austria“ published by the Federal Chancellery 2021: https://www.bundeskanzleramt.gv.at/dam/jcr:b556a06c-cd86-4b3d-a492-815c8a1bfb84/Strategie%20Roma%20Inklusion.pdf). Although the strategy for the inclusion of Roma in Austria aims to combat antiziganism (marginalisation and hostility towards Sinti and Roma), it does not contain any specific information on financial support for measures to combat hostility towards Roma and Sin:tizze.
Progress: No progress
Ensure equal opportunities in the area of education and leisure activities for children and youth, including of non-Austrian background, as well as ensure full implementation of the Constitution provision on indigenous minorities, including through systemic support of bilingual schools
Proponent:
Czech Republic
Remarks to progress by Liga (last modified Apr 1, 2025):
In implementation of the EU Child Guarantee, the Children’s Opportunities programme was initiated in Austria to ensure basic services for children, particularly those in disadvantaged circumstances (early childhood education, health, combating child poverty); however, the necessary action plan, which has been due from the federal government for well over a year, has not yet been presented (see website of the Ministry of Social Affairs: <a
href=https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html)>https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html). In addition, the Integration Department at the Federal Chancellery supports low-threshold language support courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded. In addition, the Ombuds Office for Children and Youths offers an education ombudsman service for kindergartens and schools, which provides support for various school-related problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools. We would also like to draw attention to current statements written by members of the Children’s Rights Network. These relate to various developments, including refugee and asylum coordination, the inclusion of children with disabilities in collaboration with the Austrian Disability Council and protection against violence in collaboration with the Association of Child Protection Centres and „Die Möwe.“ In addition, the Children’s Rights Network submitted a supplementary report to the 5th and 6th Report of the Republic of Austria to the United Nations in accordance with Article 44 (1b) of the Convention on the Rights of the Child. The following demands are presented in this report on behalf of the Children’s Rights Network: The introduction of compulsory kindergarten years, an expansion of educational opportunities for children under the age of three, targeted support for children with special needs, including affordable language support, the transfer of elementary education to federal competence and improved training for educators and a comprehensive integration of children’s and human rights into early childhood education and appropriate further training for educators (see report: https://www.kinderhabenrechte.at/wp-content/uploads/2022/12/Bericht_DT.pdf).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).Although progress has been made, the UN Committee on the Rights of the Child criticises the lack of implementation of a structured programme to improve children’s rights in Austria. There is a lack of concrete and comprehensive action plans, such as the long-requested action plan within the framework of the EU Child Guarantee (see Network Children’s Rights Austria, Implementation and Monitoring in Austria: https://www.kinderhabenrechte.at/umsetzung-und-monitoring-in-oesterreich/). The Federal Youth Council (BJV) and other organisations are working hard to improve the situation. The BJV has proclaimed 2024 as the „Year of Children’s Rights“ to draw more attention to children’s rights and is calling for more investment in mental health services and a national action plan to combat child poverty, among other things (see Federal Youth Representation, more information on the UN Convention on the Rights of the Child: https://bjv.at/kinder-jugend/kinderrechte/).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth services, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Ensure that children with migration or minority background have unhindered and equal access to education
Proponent:
People's Republic of Bangladesh
Remarks to progress by Liga (last modified Dec 31, 2024):
In implementation of the EU Child Guarantee, the Child Opportunities programme was initiated in Austria to ensure basic services for children, particularly those in disadvantaged circumstances (early childhood education, health, combating child poverty); however, the necessary action plan, which has been due from the federal government for well over a year, has not yet been presented (see website of the Ministry of Social Affairs: <a
href=https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html>https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html).
In addition, the Integration Department at the Federal Chancellery supports low-threshold language courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded. In addition, the Ombuds Office for Children and Youths offers an education ombudsman’s office for kindergartens and schools, which provides support for various school problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools;A well-functioning school system in the mother tongue forms the fundamental basis for the existence and further development of ethnic groups. The language of an ethnic group is a central component of its cultural identity, the preservation and appreciation of which the Austrian state has guaranteed in accordance with the Federal Constitution. The federal government and the legislator have a responsibility to ensure that ethnic groups have non-discriminatory access to educational opportunities in their own language. To date, bilingual education has only been regulated by law in some federal states. However, there are no clear guidelines for important areas of education such as early childhood education, kindergarten care and after-school programmes. In secondary education, the use of the languages of the national minorities is often lost, as there is a lack of appropriate and high-quality bilingual education programmes in many places. Outside the scope of the minority school laws – especially in Styria and Vienna – the national minority groups are completely excluded from bilingual education in the public school system (website of the Federal Chancellery: here). This recommendation was only noted in the 3rd cycle of the UPR. In the eyes of civil society, it would be desirable to adopt such recommendations in the next cycle and to consider implementing them now. There is an urgent need to provide financial and other resources. This should ensure that members of ethnic groups not covered by minority school laws have unrestricted access to fair and appropriate bilingual education This was also called for as an immediate measure by the Committee of Ministers of the Council of Europe in its Resolution CM/ResCMN (2023)14 of 13 December 2023 on the implementation by Austria of the Framework Convention for the Protection of National Minorities (see: https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680adcf6e%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}).
Progress: No progress
Take all necessary measures to ensure that children of immigrant origin have unrestricted and equal access to education
Proponent:
Republic of Nicaragua
Remarks to progress by Liga (last modified Dec 31, 2024):
In implementation of the EU Child Guarantee, the Child Opportunities programme was initiated in Austria to ensure basic services for children, particularly those in disadvantaged circumstances (early childhood education, health, combating child poverty); however, the necessary action plan, which has been due from the federal government for well over a year, has not yet been presented (see website of the Ministry of Social Affairs: <a
href=https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html>https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html).
In addition, the Integration Department at the Federal Chancellery supports low-threshold language courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded. In addition, the Ombuds Office for Children and Youths offers an education ombudsman’s office for kindergartens and schools, which provides support for various school problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools;
Progress: No progress
Take concrete steps to promote inclusive education for children with disabilities in the mainstream school system
Proponent:
Commonwealth of the Bahamas
Remarks to progress by Liga (last modified Apr 1, 2025):
Austria lacks the political will to implement a fully inclusive education system. There is no precise information on the budget allocated to individual children’s needs to enable appropriate measures for equal access to education. The Second National Action Plan on Disability 2022-2030 (NAP II) does not promise any effective changes in the area of inclusive education. None of the 31 measures in the education chapter, which sets inclusive education as a goal, have their own budget funds available. Inclusion is only mentioned when it comes to pre-determined learning content and educational goals of school types, which contradicts the human rights-based model of disability. As a result, children and young people with learning difficulties and cognitive disabilities are largely excluded from educational opportunities after compulsory schooling (see the National Disability Action Plan on the website of the Ministry of Social Affairs: https://www.sozialministerium.at/Themen/Soziales/Menschen-mit-Behinderungen/Nationaler-Aktionsplan-Behinderung.html). There is still no legal entitlement to an inclusive kindergarten place. In Vienna, due to parental protests, a compulsory kindergarten year and an 11th and 12th school year were temporarily offered for children with disabilities, but with restrictions and redistributions. The children are largely redistributed, often lose their afternoon care (and parents their jobs) and sometimes have to be transported across Vienna, even though they previously had a place with afternoon care at their place of residence. In addition, recreational teachers continue to be cut or converted into assistant teachers, which jeopardises the quality of the profession and the inclusive multi-grade classes. The quality of the profession and the inclusive multi-grade classes is jeopardised. The Austrian Ombudsman Board has been informed, there have already been two television programmes on this and there will be another review shortly (see link to the „Citizens‘ Advocate“ programme on the topic of children with special educational needs (SEN) on the website of the Austrian Ombudsman Board: https://volksanwaltschaft.gv.at/artikel/11-und-12-Schuljahr-fuer-Kinder-mit-Behinderung available).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Enhance its ongoing efforts on human rights education campaigns, especially that on the rights of women, children, the elderly and minorities
Proponent:
Republic of Turkmenistan
Remarks to progress by Liga (last modified Dec 31, 2024):
An open letter to the federal government from Asylkoordination Österreich calls for the expansion of youth and social work programmes as well as political education and participation. Affected people in Austria, especially young people, should be given equal and barrier-free participation in democratic processes in order to support them, especially in times of racism (Open letter, 2022: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). The German government is called upon to take the demands formulated in the open letter seriously and to take effective measures. It is to be hoped that increased efforts will be made to create a fair and inclusive society in Austria that guarantees the equal participation of all those affected in democratic processes. Children and young people who have experienced displacement face particular challenges. Not only do they have to deal with traumatic experiences, they often also have to cope in a new, unfamiliar social environment. Asylkoordination Österreich sees a need for action here in order to give these young people a fair chance at education, political participation and social integration. At the same time, it is emphasised that existing human rights education programmes are not sufficient to fully meet the needs of these young people. They need targeted support so that they can not only integrate into society, but also actively contribute to democratic coexistence. The letter emphasises that it is not just about imparting knowledge, but also about creating real opportunities for participation that give young people a voice. Although there are already approaches and progress, such as through the United Nations World Programme for Human Rights Education, there is a clear lack of specific offers in Austria that are tailored to children and young people with a migration background. Asylkoordination Österreich is therefore calling for increased investment in programmes aimed specifically at promoting the participation and political education of these young people. Austria should intensify its campaigning work in the field of human rights education, paying particular attention to the rights of older people. In 2011, the Federal Ministry of Labour, Social Affairs and Consumer Protection, in cooperation with the Federal Advisory Council on Senior Citizens, drew up a Senior Citizens‘ Plan, which was adopted by the Federal Government and the National Council in 2012 (Senior Citizens‘ Plan 2011, page 33 ff: https://www.sozialministerium.at/dam/jcr:9ff6832d-bef5-4acc-93ac-b4ad90033b09/Bundesseniorenplan-4.-Auflage-September-2013-0(1).pdf). The plan aims to improve the quality of life of older people through measures to combat poverty, promote social participation and ensure self-determination. Specific recommendations must be implemented, including increasing disposable income, promoting social networks and securing long-term care funding. The federal senior citizens‘ plan provides for campaigns to promote healthy living and remove the taboo surrounding the need for care. It is unclear whether these measures are currently being implemented. On 10 December 2004, the United Nations General Assembly launched the World Programme for Human Rights Education (2005-ongoing) to promote the implementation of human rights education programmes in all areas (infographic UN World Programme 2005: https://www.ohchr.org/sites/default/files/documents/issues/education/training/infographic-wphre.pdf). Austria should continue to work consistently on strengthening human rights education. This means effectively promoting and protecting the rights of all population groups, including women, children, the elderly and minorities. To this end, increased cooperation between government, educational institutions and non-governmental organisations is essential. In addition, as part of the Austrian chairmanship of the Human Security Network (2002-2003), the handbook „Understanding Human Rights“ was produced by the ETC Graz and supported by the Austrian Foreign Ministry (see handbook „Understanding Human Rights“: https://migrant-integration.ec.europa.eu/sites/default/files/2011-01/docl_18153_933253484.pdf). It has been translated into 15 languages and includes online training materials that are used in training programmes worldwide. In 2012, an expanded English edition was published under the title „Understanding Human Rights“. In 2013, a brochure with best practice examples was published to further develop the curricula and raise awareness among the general public in order to promote a tolerant and inclusive society.
Progress: No progress
Adopt a comprehensive strategy to eliminate discriminatory stereotypes of women and their portrayal as sexual objects, and ensure that children are educated about responsible sexual behaviour
Proponent:
Republic of Marshall Islands
Remarks to progress by Liga (last modified Apr 1, 2025):
Sexuality education for children and adolescents in Austria faces several challenges. Although it is anchored in education, its implementation remains inconsistent and often inadequate. According to the WHO standards on sexuality education, teaching should promote a social climate of tolerance and openness and respect the diversity of genders and sexual identities (see WHO standards: https://www.sexualerziehung.at/hintergrundinformation-und-begriffserklaerungen/). However, many schools focus heavily on topics such as self-determination and pleasure, which leads to an incomplete discussion of sexuality (see GIVE Service Centre for Health Promotion in Austrian Schools, an initiative of the Federal Ministry of Education, Science and Research, the Federal Ministry of Social Affairs, Health, Care and Consumer Protection and the Austrian Youth Red Cross: https://give.or.at/gv2021/wp-content/uploads/2015/11/Give_Sexualerziehung2021.pdf). In addition, sex education is often not sufficiently aligned with the respective developmental phases of young people. There is a lack of resources and specialists who are able to organise lessons in an age-appropriate and sensitive manner. As a result, many important topics, such as dealing with media, violence in relationships or sexual health, are often not addressed. Another problem is the social debate about gender ideologies and the role of the family. These discussions influence the curriculum and can lead to parents and teachers feeling unsure about how to approach the topics. Overall, although the situation in Austria is regulated by law, in practice there are many challenges and deficits in sexuality education for children and young people.
As part of the Government Plan 2025-2029, the federal government is launching a process to improve child and youth services, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html). In 2022, the Austrian Women’s Fund LEA was founded to make a long-term strategic contribution to overcoming discriminatory stereotypes with regard to the roles and tasks of women and men. This fund offers various services, including school workshops with role models and the organisation of webinars, for example on the topic of financial education (Further information: https://letsempoweraustria.at/).
In both 2022 and 2021, the Women’s Section initiated the „Empowerment Call“ with the aim of breaking down gender stereotypes in the area of education and career choices. In September 2021, a comprehensive package of measures was presented aimed at strengthening women and girls with a migration background in their fight against patriarchal structures and cultures of honour. Part of these measures includes the expansion of counselling services in the Austrian Integration Fund (ÖIF) centres (ÖIF package of measures as PDF: https://www.integrationsfonds.at/fileadmin/user_upload/20210604_Frauenaufruf_2021_Aufrufdokument.pdf).
Progress: No progress
Counter all forms of discrimination against women and girls with disabilities
Proponent:
Hashemite Kingdom of Jordan
Remarks to progress by Liga (last modified Dec 31, 2024):
No measures have been taken to prevent multiple and/or intersectional discrimination against women and girls with disabilities. There is still a lack of adequate consideration of the gender perspective in disability legislation, the disability perspective in women’s legislation, and the related enforcement of laws. The Ombud for Equal Treatment (website:https://www.gleichbehandlungsanwaltschaft.gv.at), a state institution at the Federal Chancellery (BKA), is responsible for all grounds of discrimination except disability. However, women with disabilities must contact the Social Ministry Service (website: https://www.gleichbehandlungsanwaltschaft.gv.at) and apply for conciliation. This conciliation procedure is mandatory and must be carried out before a lawsuit is filed with the civil court. The problem is that the Social Ministry Service has no specific expertise in dealing with women with disabilities and is also not trained in a gender-equitable approach;
Progress: In progress
Take necessary legislative and administrative measures to protect children and women against domestic violence
Proponent:
Islamic Republic of Iran
Remarks to progress by Liga (last modified Apr 1, 2025):
Statistics show that a significant proportion of women are affected by domestic violence. In 2023, the police in Austria recorded several thousand cases of domestic violence, with women being victims disproportionately often (see report with figures on femicides and violence against women in Austria, Gewaltinfo 2022: https://www.gewaltinfo.at/themen/gewalt-an-frauen/femizide-und-gewalt-gegen-frauen-in-oesterreich.html). In order to raise awareness of domestic violence and promote prevention, regular campaigns and educational programmes are carried out. The Violence Protection Summit and other events promote the exchange of best practices and the networking of experts in the field of violence protection. Many cases of domestic violence go unreported and the number of unreported cases is high. Organisations such as the AÖF association and the Alliance Living Free of Violence are therefore calling for a further increase in funding for gender equality and violence prevention work as well as the comprehensive implementation of the Istanbul Convention. As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Intensify efforts to protect all children and provide them with better access to childhood services
Proponent:
Barbados
Remarks to progress by Liga (last modified Apr 1, 2025):
On 31 January 2023, the National Council decided to develop a package of measures for child protection. The plan is to develop initiatives to promote the protection of children and young people by implementing concepts and training for professionals, strengthening sexual offences and creating prevention exceptions for perpetrators (National Council meeting on child protection – 195th session of the National Council on 31 January 2023 (195/NRSITZ): https://www.parlament.gv.at/aktuelles/pk/jahr_2023/pk0084#XXVII_NRSITZ_00195). The child protection organisations, such as the Austrian Ombuds Offices for Children and Youths, Austrian Child Protection Centres, NC Kinderrechte, ECPAT Austria and Netzwerk Kinderrechte, believe that the package of measures for child protection is progress in the right direction. However, it requires further steps, especially implementation, in order to see a real change in the protection of children and young people (position paper of the Children’s Rights Network: https://www.kinderhabenrechte.at/positionspapier-kinderschutzpaket-fuer-den-ausserfamiliaeren-kinderschutz/<).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Continue to pay special attention to combating poverty and social exclusion of children in Austria
Proponent:
Socialist Republic of Vietnam
Remarks to progress by Liga (last modified Apr 1, 2025):
On 31 January 2023, the National Council decided to develop a package of measures for child protection. The plan is to develop initiatives to promote the protection of children and young people through the implementation of concepts and training for professionals, the strengthening of sexual offences and the creation of prevention exceptions for perpetrators (Nationalratssitzung zum Kinderschutz-
195th session of the National Council of 31 January 2023 (195/NRSITZ): https://www.parlament.gv.at/aktuelles/pk/jahr_2023/pk0084#XXVII_NRSITZ_00195). Child protection organisations such as the Austrian Ombuds Offices for Children and Youths, Austrian Child Protection Centres, NC Kinderrechte, ECPAT Austria and Netzwerk Kinderrechte consider the package of measures on child protection to be progress in the right direction. However, it requires further steps, especially implementation, in order to see a real change in the protection of children and young people
(Position paper of the Children’s Rights Network: https://www.kinderhabenrechte.at/positionspapier-kinderschutzpaket-fuer-den-ausserfamiliaeren-kinderschutz/<).
In the Government Plan 2025-2029, the Federal Government commits to the goal of effectively combating child poverty and sustainably improving equal opportunities for all children and young people in Austria (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Guarantee the same standards of protection and well-being to all children in its territory, regardless of their nationality
Proponent:
Republic of Eastern Uruguay
Remarks to progress by Liga (last modified Apr 1, 2025):
On 31 January 2023, the National Council decided to develop a package of measures for child protection. The plan is to develop initiatives to promote the protection of children and young people by implementing concepts and training for professionals, strengthening sexual offences and creating prevention exceptions for perpetrators (National Council meeting on child protection – 195th session of the National Council on 31 January 2023 (195/NRSITZ): https://www.parlament.gv.at/aktuelles/pk/jahr_2023/pk0084#XXVII_NRSITZ_00195). The child protection organisations, such as the Austrian Ombuds Offices for Children and Youths, Austrian Child Protection Centres, NC Kinderrechte, ECPAT Austria and Netzwerk Kinderrechte, believe that the package of measures for child protection is progress in the right direction. However, it requires further steps, especially implementation, in order to see a real change in the protection of children and young people (position paper of the Children’s Rights Network: https://www.kinderhabenrechte.at/positionspapier-kinderschutzpaket-fuer-den-ausserfamiliaeren-kinderschutz/<).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Develop a comprehensive strategy and an implementation plan to protect children from violence
Proponent:
Republic of Zambia
Remarks to progress by Liga (last modified Apr 1, 2025):
On 31 January 2023, the National Council decided to develop a package of measures for child protection. The plan is to develop initiatives to promote the protection of children and young people by implementing concepts and training for professionals, strengthening sexual offences and creating prevention exceptions for perpetrators (National Council meeting on child protection – 195th session of the National Council on 31 January 2023 (195/NRSITZ): https://www.parlament.gv.at/aktuelles/pk/jahr_2023/pk0084#XXVII_NRSITZ_00195). The child protection organisations, such as the Austrian Ombuds Offices for Children and Youths, Austrian Child Protection Centres, NC Kinderrechte, ECPAT Austria and Netzwerk Kinderrechte, believe that the package of measures for child protection is progress in the right direction. However, it requires further steps, especially implementation, in order to see a real change in the protection of children and young people (position paper of the Children’s Rights Network: https://www.kinderhabenrechte.at/positionspapier-kinderschutzpaket-fuer-den-ausserfamiliaeren-kinderschutz/<).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Maintain efforts to further promote gender equality, combat violence against children, and eliminate poverty and social exclusion of children in Austria
Proponent:
Kingdom of Morocco
Remarks to progress by Liga (last modified Apr 1, 2025):
On 31 January 2023, the National Council decided to develop a package of measures for child protection. The plan is to develop initiatives to promote the protection of children and young people by implementing concepts and training for professionals, strengthening sexual offences and creating prevention exceptions for perpetrators (National Council meeting on child protection – 195th session of the National Council on 31 January 2023 (195/NRSITZ): https://www.parlament.gv.at/aktuelles/pk/jahr_2023/pk0084#XXVII_NRSITZ_00195). The child protection organisations, such as the Austrian Ombuds Offices for Children and Youths, Austrian Child Protection Centres, NC Kinderrechte, ECPAT Austria and Netzwerk Kinderrechte, believe that the package of measures for child protection is progress in the right direction. However, it requires further steps, especially implementation, in order to see a real change in the protection of children and young people (position paper of the Children’s Rights Network: https://www.kinderhabenrechte.at/positionspapier-kinderschutzpaket-fuer-den-ausserfamiliaeren-kinderschutz/<).
As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html). According to the Pay Transparency Directive, companies in the EU should in future exchange information on how much they pay women and men for work of equal value and take action if their gender pay gap exceeds 5 per cent. EU member states now have until June 2026 to transpose the directive into national law. This will include more comprehensive disclosure of starting salaries and pay levels, increased reporting obligations for companies and improved access to legal measures for employees. The exact implementation of the directive is not yet known (further information on this: https://www.bundeskanzleramt.gv.at/themen/europa-aktuell/2023/04/gender-pay-gap-rat-der-eu-nimmt-neue-vorschriften-zur-lohntransparenz-an.html). On 31 January 2023, the National Council decided to develop a package of measures for child protection. The plan is to develop initiatives to promote the protection of children and young people through the implementation of concepts and training for professionals, the strengthening of sexual offences and the creation of prevention exceptions for perpetrators (Nationalratssitzung zum Kinderschutz-
195th session of the National Council of 31 January 2023 (195/NRSITZ): https://www.parlament.gv.at/aktuelles/pk/jahr_2023/pk0084#XXVII_NRSITZ_00195). Child protection organisations such as the Austrian Ombuds Offices for Children and Youths, Austrian Child Protection Centres, NC Kinderrechte, ECPAT Austria and Netzwerk Kinderrechte consider the package of measures on child protection to be progress in the right direction. However, it requires further steps, especially implementation, in order to see a real change in the protection of children and young people
(Position paper of the Children’s Rights Network: https://www.kinderhabenrechte.at/positionspapier-kinderschutzpaket-fuer-den-ausserfamiliaeren-kinderschutz/<).
In the Government Plan 2025-2029, the Federal Government commits to the goal of effectively combating child poverty and sustainably improving equal opportunities for all children and young people in Austria (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Ensure, in accordance with the best interests of the child, adequate monitoring and protection of the situation of asylum-seeking children, in particular their effective tracing and the safeguarding of their educational rights
Proponent:
Kingdom of Spain
Remarks to progress by Liga (last modified Dec 31, 2024):
In its Concluding Observations on Austria in March 2020, the United Nations Committee on the Rights of the Child made more than 60 recommendations to improve the situation of children’s rights, including protection against violence, education, non-discrimination, health and inclusion. The federal government does not have a structured implementation programme (e.g. strategy, action plan) for this; an exchange with relevant stakeholders only takes place within the framework of the Children’s Rights Board set up in the Federal Chancellery/Family, albeit with non-binding results;The integration division of the Federal Chancellery supports low-threshold language courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded. In addition, the Ombuds Office for Children and Youths offers an education ombudsman’s office for kindergartens and schools, which provides support for various school problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools. We would also like to draw attention to current statements written by members of the Children’s Rights Network. These concern various developments, including refugee and asylum coordination, the inclusion of children with disabilities in cooperation with the Austrian Disability Council and the protection against violence in cooperation with the Association of Child Protection Centres and „Die Möwe“. In addition, the Children’s Rights Network submitted a supplementary report to the 5th and 6th Report of the Republic of Austria to the United Nations in accordance with Article 44 (1b) of the Convention on the Rights of the Child. In this report, the following demands are presented on behalf of the Children’s Rights Network: The introduction of compulsory kindergarten years, an expansion of educational opportunities for children under the age of three, targeted support for children with special needs, including affordable language support, the transfer of elementary education to federal competence and improved training for educators and a comprehensive integration of children’s and human rights into early childhood education and appropriate further training for educators ( see report: https://www.kinderhabenrechte.at/wp-content/uploads/2022/12/Bericht_DT.pdf).
Progress: No progress
Conduct awareness-raising campaigns aimed at the media, public officials, as well as the general public, to combat stigmatization and prejudice of which children with disabilities may be victims
Proponent:
Kingdom of Belgium
Remarks to progress by Liga (last modified Dec 31, 2024):
Nothing is known about specific awareness-raising campaigns on the rights of children with disabilities, especially those focussing on self-empowerment and human rights.
Progress: In progress
Consider a twin-track approach on disability inclusion in international cooperation, with special consideration on women and children with disabilities
Proponent:
Republic of Indonesia
Remarks to progress by Liga (last modified Dec 31, 2024):
One recommendation to Austria is to pursue a twin-track approach aimed at integrating people with disabilities more inclusively into society. The Three-Year Programme of Austrian Development Policy 2022-2024 was taken note of by the Council of Ministers on 16 November 2022 (available as a PDF on the parliament’s website: https://www.parlament.gv.at/dokument/XXVII/III/805/imfname_1482905.pdf). The new three-year programme has made significant progress in terms of the inclusion of persons with disabilities in international cooperation (see information on Parliament’s website: https://www.parlament.gv.at/gegenstand/XXVII/III/805). Civil society will closely monitor the implementation of this programme to ensure that the strategy is actually put into practice. On 16 November 2022, the Council of Ministers took note of the Three-Year Programme of Austrian Development Policy for the years 2022 to 2024, a significant step towards strengthening the inclusion of persons with disabilities in international cooperation (Available as PDF on the Parliament’s website: https://www.parlament.gv.at/dokument/XXVII/III/805/imfname_1482905.pdf) and more (information on Parliament’s website: https://www.parlament.gv.at/gegenstand/XXVII/III/805). Within this framework, particular attention should be paid to women and children with disabilities. This focus is crucial to ensure that the most marginalised groups within the disability community are not overlooked. Targeted measures and programmes within the three-year programme aim to significantly improve the living conditions of these groups and enable their full participation in society. Civil society plays a crucial role in monitoring the implementation of this programme. This participation ensures that the strategies and objectives set out in the programme are not just on paper, but are actually put into practice. The active involvement and feedback of civil society organisations is essential to measure progress and ensure that the needs and rights of women and children with disabilities are effectively addressed;
Progress: No progress
Ensure the immediate assignment of a legal guardian to all unaccompanied minors who arrive in the country, without delays or preconditions
Proponent:
Republic of Eastern Uruguay
Remarks to progress by Liga (last modified Dec 31, 2024):
Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations. In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament. Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival. The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody. However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;
Progress: No progress
Ensure that obligations of the International Covenant on Economic, Social and Cultural Rights are fully met in regards to migrants and refugees, in particular, the rights to liberty and personal freedoms and the rights of unaccompanied refugee minors
Proponent:
Canada
Remarks to progress by Liga (last modified Dec 31, 2024):
Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had gone missing between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849). Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had disappeared between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations. In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament. Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival. The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody. However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;
Progress: No progress
Implement concrete actions based on respect for all human rights of asylum seekers and refugees, particularly boys, girls and adolescents, and the full observance of due process
Proponent:
Republic of El Salvador
Remarks to progress by Liga (last modified Dec 31, 2024):
In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849). Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had disappeared between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;In September 2023, there were almost half as many asylum applications in Austria compared to 2022. Applications for international protection in Austria are made exclusively in Austria, as applications cannot be submitted to Austrian representation authorities abroad. As a result, many refugees have to come to Austria without a visa and therefore illegally, as it is almost impossible to obtain an entry visa for Austria or another EU member state. This illustrates that although refugees have a fundamental right to an asylum procedure, actual access to this right is often restricted in practice. After entering Austria (legally or illegally), refugees must submit their asylum application to a police station. The initial interview takes place in special offices of the provincial police directorates and is conducted by interpreters or language experts. Asylum is granted in accordance with the Asylum Act of 2005 and is aimed at people who are persecuted because of their race, religion, nationality, membership of a particular ethnic or social group or their political convictions. The recognition rate varies greatly depending on the origin of the asylum seeker. There is also subsidiary protection, which is granted to people whose asylum application has been rejected but whose life or health is at risk in their country of origin. In cases of particular hardship, humanitarian residence permits can also be granted. Public opinion in Austria is critical of asylum seekers from Muslim countries of origin such as Afghanistan, Syria and Tunisia. According to a survey in spring 2023, 61 per cent of Austrians rated living together with refugees as bad. The disparity between apprehensions and accepted asylum applications is particularly striking in November and December 2022, when only 0.6 per cent of those who entered the country were able to apply for asylum. There are calls for the right to asylum and lawful access to the asylum procedure to be guaranteed, as well as the establishment of independent human rights monitoring at German borders. Disciplinary consequences for those responsible, compensation and the right to re-entry for those affected are also called for (joint press release of 30 May 2023 by Pushback Alarm Austria, Border Violence Monitoring Network and the Bavarian Refugee Council: https://www.asyl.at/files/uploads/446/23-05-30-pm-pushbacks-an-bayerischen-grenzen-1.pdf).
Progress: No progress
Strengthen efforts to ensure that every asylum-seeking child benefits from child protection safeguards, and that UNICEF recommended minimum standards for the protection of children in refugee accommodation centres are applied
Proponent:
Republic of Fiji
Remarks to progress by Liga (last modified Dec 31, 2024):
{Kinder und Jugendliche-Kinderschutz}
Progress: No progress
Continue to ensure adequate and independent legal assistance to asylum seekers
Proponent:
Republic of India
Remarks to progress by Liga (last modified Dec 31, 2024):
In May 2019, the so-called BBU Act was passed, which aims to introduce care and support services (BBU) (see: https://www.oesterreich.gv.at/themen/soziales/armut/2/Seite.1694400.html). It is envisaged that this agency will be subordinate to the Ministry of the Interior and the Ministry of Justice and will take over all tasks relating to the care of asylum seekers that were previously mainly carried out by independent, non-governmental organisations. These tasks include care in the initial reception centres for asylum seekers, the provision of legal advice for asylum seekers and foreigners, return counselling and support for people who have been rejected.During the review process, Amnesty International, among others, has already criticised the draft law (see Amnesty International statement:https://www.amnesty.at/news-events/stellungnahme-zur-bundesagentur-fuer-betreuungs-und-unterstuetzungsleistungen/). It is made clear in the main arguments that the law significantly impairs the rights of people with fair trials and the possibility of an effective complaint. It also conflicts with European requirements, such as the EU Reception Directive, particularly with regard to the requirement for free legal advice and representation. The BBU Act guarantees the independence and authority of legal advisors, as organisational, financial and personnel cooperation exists between the agency and the Ministry of the Interior. It is important to ensure that procedures are fair, transparent and in accordance with the rule of law and that asylum seekers have adequate access to legal remedies and independent counselling;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Czech Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Gabonese Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Federal Republic of Germany
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Italian Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Consider ratifying the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Tunisian Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Work towards ratifying the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Principality of Liechtenstein
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Speed up efforts to ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Slovak Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Increase implementation of non-judicial measures for children accused of criminal offences
Proponent:
Montenegro
Remarks to progress by Liga (last modified Dec 31, 2024):
Young people between the ages of 14 and 18 who are accused of an offence have the right to be heard or to be present during investigations or the taking of evidence. This right also extends to their legal representatives, unless they themselves are suspected of being involved in the offence. The same applies to access to files. In the case of accused juveniles, the public may be excluded from the main hearing upon application or ex officio if this is necessary in the interests of the juveniles. During an exclusion, however, legal representatives, legal guardians, probation officers, as well as representatives of youth welfare organisations, youth court assistance and probation services may continue to attend the main hearing. Promoting extrajudicial measures for children who have committed offences could not only contribute to more effective resocialisation, but also enable improved social integration and prevention of further offences in the long term. Such an approach could therefore not only focus more strongly on the welfare of the children concerned, but also have a lasting positive effect on society as a whole. In view of the recommendation to increase the use of out-of-court measures for children who have committed offences, it is to be hoped that Austria will not only take note of this advice, but also actively put it into practice in order to further promote a resource-oriented and child-friendly justice system. Given the challenges in dealing with child offenders in Austria, the increased use of extrajudicial measures could be a promising and human-centred solution. It is to be hoped that Austria will recognise the opportunity and actively implement the recommendations in order to take a significant step towards a fair and preventive justice system.
Progress: No progress
Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Republic of Albania
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Revise and harmonize its anti-discrimination laws and improve its anti-discrimination institutions and their efficiency and approachability to ensure effective protection against all forms of discrimination, including against persons with disabilities and children and young persons in the asylum procedure
Proponent:
Republic of Finland
Remarks to progress by Liga (last modified Dec 31, 2024):
In Austria, a number of different laws regulate protection against discrimination at state and federal level. This makes the enforcement of the law complex in some cases, protection is not standardised and – contrary to numerous calls in the UPR process and in numerous other monitoring processes on human rights conventions – there are significant gaps in protection: 1. in terms of access to goods and services in the private sector, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief and sexual orientation. This fact has been criticised for years by numerous civil society organisations and equality actors as a lack of levelling up.
2) Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education.
3. there is also a lack of comprehensive protection against discrimination in a number of areas of social protection.
In addition, the law contains provisions on the reversal of the burden of proof, which makes it easier for the person affected to prove discrimination, as well as provisions for possible claims for damages and compensation (see Equal Treatment Act, GIBG Federal Law Gazette I No. 66/2004: https://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395&FassungVom=2022-02-10). The Introductory Act to the Administrative Procedure Acts (EGVG) provides a legal basis for dealing with racist refusal of admission in Austria. According to this law, both victims and witnesses of racist discrimination can report such incidents. Police officers are obliged to forward these reports to the competent district administrative authority. The procedure under the EGVG is free of charge for the person making the report. The reporting person or organisation, such as ZARA or the Litigation Association, are not informed of the outcome of the proceedings and have no direct party status. In addition, the EGVG does not provide for compensation for the person discriminated against. Instead, offenders can be fined up to 1,090 euros, an amount that has not been evaluated for years. In the event of repeated violations of the EGVG, the trade authority can theoretically withdraw the trade licence. ZARA supports those affected by discrimination through various measures, including letters of intervention to the establishments concerned, legal advice and referral to other legal bodies such as the Equal Treatment Ombudsman’s Office or the Litigation Association. The aim is to find an out-of-court solution or to take legal action to enforce the rights of victims of discrimination. These legal and supportive measures are crucial to strengthening protection against racial discrimination in Austria and dealing with cases of discrimination appropriately (see Racism Report 2022: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf). Civil society calls on the German government to pursue a policy that prioritises the promotion of fundamental and human rights instead of restricting them. It emphasises that the expertise of civil society is indispensable for this task. Further information can be found in an open letter to the German government (see Open letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html).
Progress: No progress
Increase the minimum age for voluntary recruitment to 18 in line with the Committee on the Rights of the Child recommendation
Proponent:
Republic of Croatia
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict was ratified by Austria on 1 February 2002. The main point of the protocol is to raise the minimum age for participation in armed conflict to 18 years. In Austria, it is generally possible to complete the Voluntary Social Year from the age of 17. However, if particularly suitable, participation at a younger age is also possible under certain circumstances (see further information on the website of the Children’s Convention: https://www.kinderrechtskonvention.info/kindersoldaten-3205/).
Progress: No progress
Review section 35 (2) of the asylum law, granting the right to family reunification without undue restrictions, in particular to unaccompanied minors
Proponent:
Republic of Eastern Uruguay
Remarks to progress by Liga (last modified Dec 31, 2024):
Section 35 (2) of the Asylum Act regulates family reunification for beneficiaries of subsidiary protection (see Asylum Act 2005, Federal Law Gazette I No. 56/2018 : https://www.ris.bka.gv.at/eli/bgbl/i/2005/100/P35/NOR40205456). According to a study from December 2016, there are further challenges in the area of family reunification (see the PDF from the European Migration Network on family reunification of third-country nationals in Austria: https://www.emn.at/wp-content/uploads/2017/02/Die-Familienzusammenfuehrung-von-Drittstaatsangeh%c3%b6rigen-in-%c3%96sterreich.pdf, page 35 ff). In contrast to persons entitled to asylum, a 3-year waiting period without any flexibility is required for persons entitled to subsidiary protection. This cannot be waived even by a decision of the authorities. In addition, there are the fundamental problems that exist with every family reunification under Austrian law: German language skills must be demonstrated at the time of application. And at least in the context of a prognosis decision, the authorities must be convinced of a secure livelihood and local housing for the family that will join them in the future. This legal situation remains unchanged. In fact, there has been a larger number of family reunifications in recent years, although the publicly available statistical data does not allow a breakdown into family reunifications of persons entitled to asylum or subsidiary protection. The Red Cross ( https://www.roteskreuz.at/ich-brauche-hilfe/familienzusammenfuehrung) in particular provides support services and counselling for applications for family reunification;
Redaktionelle Verantwortung UPR-Tool:
Österreichische Liga für Menschenrechte, upr@liga.or.at
Lizenz CC-BY-SA
Unterstützung durch:
Forschungskooperation mit der Volksanwaltschaft
Förderung des Zukunftsfonds der Republik Österreich
