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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.

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Progress: No progress

Reform preventive detention measures for offenders with mental illness by developing review mechanisms consistent with international practice, based on defined psychiatric assessment standards

Proponent:

Ireland


Ireland

Ireland


Ireland

Remarks to progress by Liga (last modified Dec 31, 2024):

On 15 December 2022, the „Measures Enforcement Adjustment Act“ was passed by the National Council (on the parliament’s website: Maßnahmenvollzugsanpassungsgesetz, 2022). However, this law only deals with the first part of a planned two-part reform project. In particular, the requirements for admission to and release from the penitentiary system were changed with the aim of reducing the total number of offenders. These first reform steps resulted in changes to the Criminal Code (StGB), the Code of Criminal Procedure (StPO) and the Juvenile Courts Act (JGG). Only the second part of the planned reform project is intended to improve the care provided in detention centres and the therapies etc. on offer. However, no progress is currently being made on the second part of the reform. Civil society fears that the steps taken so far will bring too little practical change, as important issues such as the provision and funding of care and support before, during and after placement as well as an offer of adequate medical care remain unconsidered and offenders with mental illnesses still do not have sufficient access to medical treatment.   A study published by the LBI-GMR in March 2023 on alternatives to the deprivation of liberty of children pointed out further problem areas (e.g. complete removal of juveniles from detention centres, capacities of juvenile psychiatry). Another ongoing project is dedicated to the necessary strengthening of procedural rights of persons with psychosocial impairments in detention centres (see LBI-GMR study: https://gmr.lbg.ac.at/forschung/menschenwuerde-und-oeffentliche-sicherheit/). 

Progress: No progress

Fully guarantee the independence and pluralism of the media

Proponent:

France


French Republic

France


French Republic

Remarks to progress by Liga (last modified Dec 31, 2024):

In February 2024, the National Council passed a new fundamental right of access to information vis-à-vis federal and provincial administrative bodies, enshrined in Article 22a of the Federal Constitutional Law and in the new Freedom of Information Act. For the first time, the right of access to government documents has been created – previously, administrative bodies were only obliged to provide a (brief, summarised) response to citizens‘ enquiries. Another important innovation is the right for everyone to receive information from foundations, funds, institutions and companies that are subject to the control of the Court of Audit or a provincial court of audit (public sector participation of at least 50%). Until now, Austria was the last democracy in Europe without the right of access to state documents. The new regulations on freedom of information will come into force on 1 September 2025, so it is not yet possible to assess their practical implementation.
 Another problem is that there is no limit on the financial contributions of public bodies for advertisements. As long as there are no binding regulations on the exclusive award of advertising contracts based on objective and comprehensible criteria, the system of mutual influence will continue.

 The revised Media Transparency Act, which came into force in 2024, has closed important transparency gaps in the financial flows from the public sector to media companies through advertising placements and media subsidies. According to the data published by KommAustria, EUR 196.5 million in advertising expenditure by the public sector was reported for the first half of 2024 alone – more than the EUR 193 million reported for the whole of 2023 – but at that time under an old regulation that had massive loopholes, which meant that many financial flows remained secret (see: here).
However, due to the increasing economic constraints of the media industry and the massive role of public advertising expenditure, there remains a high risk of undue political influence, abuse and corruption in the relationship between the media and politics or the public sector, even with improved public traceability of financial flows. This represents an inadequate response by the prevailing media policy to the serious allegations made by the Public Prosecutor’s Office for Economic Affairs and Corruption, as President Hausjell summarises (Media Cooperation and Promotion Transparency Act: MedKF-TG, as amended by Federal Law Gazette I No. 50/2023: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007610&FassungVom=2024-01-01). 

Progress: In progress

Operationalise domestically the insights arising from its October conference on ‘Human Trafficking in Times of Corona’

Proponent:

United Kingdom


United Kingdom of Great Britain and Northern Ireland

United Kingdom


United Kingdom of Great Britain and Northern Ireland

Remarks to progress by Liga (last modified Dec 31, 2024):

The conference on combating human trafficking was held virtually on 14 and 15 October 2020 under the title „Human trafficking in the wake of coronavirus“. The coronavirus pandemic has had a significant impact on human trafficking and the fight against it, particularly through increased recruitment via social media. A new reporting centre at the Federal Criminal Police Office was announced at the conference in order to better sensitise and support the population. The event emphasised the importance of international networking in the fight against organised crime.   The International Labour Organization estimates that around 21 million people worldwide are affected by forced labour. In 2019, 62 suspects were reported for human trafficking in Austria. The conference addressed the changing challenges posed by the pandemic and emphasised the need for new solutions and support systems.   The fight against human trafficking has been a focus of Austrian foreign policy since the Task Force on Human Trafficking was founded in 2004. Since 2007, the Task Force has organised the Vienna Conference against Human Trafficking in cooperation with the International Organisation for Migration (IOM), the OSCE and, for some years now, with the Principality of Liechtenstein;

Progress: In progress

Continue to increase the availability and accessibility of child and adolescent mental health service and programme

Proponent:

Timor-Leste


Democratic Republic of Timor-Leste

Timor-Leste


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:

Portugal


Portuguese Republic

Portugal


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: No progress

Guarantee access to sexual and reproductive rights and particularly to abortion (France)

Proponent:

France


French Republic

France


French Republic

Remarks to progress by Liga (last modified Dec 31, 2024):

The current situation regarding sexual and reproductive rights in Austria is a problem. Although the right to abortion is formally recognised, there are still numerous hurdles and restrictions that make access to this basic medical procedure difficult. Various non-governmental organisations such as the Austrian Society for Family Planning (ÖGF) and the Women’s Health Centre (FGZ) have repeatedly pointed out that there are restrictions on access to abortion in some parts of Austria and that there is a lack of information and counselling services.   Austrian law allows abortions to be carried out without penalty within the first three months of pregnancy, which is known as the „deadline solution“. Under certain circumstances, abortion is also possible after this period has expired. Nevertheless, restrictive laws and social stigmatisation make it difficult for women to have a safe and legal abortion.   The current situation highlights the need for a comprehensive revision of legislation and additional measures to educate and sensitise the public. § Section 6 (3) of the Hospitals and Health Resorts Act stipulates that hospitals may not have any provisions in their regulations that prohibit the performance of an abortion without punishment or co-operation in this. In addition, the public healthcare system bears the costs of an abortion if it is necessary for medical reasons (Federal Law Gazette I No. 13/2019, Section 6 (3) of the Hospitals and Health Resorts Act: https://www.ris.bka.gv.at/eli/bgbl/1957/1/P6/NOR40211921?ResultFunctionToken==100&Suchworte=anstaltsordnung). One goal of the Women’s Health Action Plan 2020 is to promote reproductive health, and measure 27, which is included in the plan, aims to support women in their self-determined sexuality, for example by providing low-threshold access to contraceptives, and to guarantee the possibility of abortion in all federal states (Action Plan Women’s Health as PDF: https://www.sozialministerium.at/dam/jcr:b185f2aa-a1a5-4893-a940-e034d76710c3/Aktionsplan_Frauengesundheit_01_2020.pdf). Progress is still to be evaluated.  A current problem is that many women have to travel long distances to receive adequate care, as there is an uneven distribution of abortion facilities in different regions. In addition, women’s autonomy and freedom of choice are impaired by legal requirements such as the reflection period and the obligation to undergo counselling. In recent years, individual federal states have seen regression rather than progress in access to abortion. 

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:

Sri Lanka


Democratic Socialist Republic of Sri Lanka

Sri Lanka


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: No progress

Strengthen the legislative framework to expressly prohibit any practice that modifies a person’s sexual characteristics without well-founded medical reasons or without the full consent of that person

Proponent:

Uruguay


Republic of Eastern Uruguay

Uruguay


Republic of Eastern Uruguay

Remarks to progress by Liga (last modified Dec 31, 2024):

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: 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:

Iceland


Republic of Iceland

Iceland


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:

Iceland


Republic of Iceland

Iceland


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

Prohibit any practice that modifies a person’s sex characteristics without irrefutable medical reasons and the full and informed consent of the person affected

Proponent:

Malta


Republic of Malta

Malta


Republic of Malta

Remarks to progress by Liga (last modified Dec 31, 2024):

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

Ensure that the human rights of intersex persons are respected, by developing a medical care protocol ensuring their participation in decision-making on medical interventions that affect them

Proponent:

Argentina


Argentine Republic

Argentina


Argentine Republic

Remarks to progress by Liga (last modified Dec 31, 2024):

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

Create a new National Action Plan „Protection against Violence for Women“ which also considers women with disabilities, precarious residence permits and asylum seekers and women with mental illness

Proponent:

Netherlands


Kingdom of the Netherlands

Netherlands


Kingdom of the Netherlands

Remarks to progress by Liga (last modified Apr 1, 2025):

With the National Action Plan for the Protection of Women against Violence 2014-2016, measures were taken throughout Austria to implement the requirements of the Istanbul Convention against Violence against Women (see National Action Plan 2014-2016 as PDF: https://www.bundeskanzleramt.gv.at/dam/jcr:1f95e551-0e17-4d67-8090-b7bced3f4947/nap.pdf). However, the National Action Plan has now expired without replacement. Despite the fact that Austria has ratified the Convention, there is a lack of implementation and improvement of further measures, including due diligence in victim protection and, in particular, improved cooperation with civil society.   In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA also highlights shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf). A National Action Plan for the Protection of Women against Violence 2014-2016 with 60 measures has been drawn up, but no further action plan is planned (National Action Plan for the Protection of Women against Violence 2014-2016 on the website of the National Coordination Centre for the Protection of Women against Violence: https://www.coordination-vaw.gv.at/koordinierung/nap.html).  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

Address the COVID-19 pandemic-related challenges in its National Human Rights Action Plan update

Proponent:

Lithuania


Republic of Lithuania

Lithuania


Republic of Lithuania

Remarks to progress by Liga (last modified Apr 1, 2025):

Despite the agreement in the last government programme and the sustained demand by opposition parties such as the SPÖ and NEOS, a general National Action Plan for Human Rights for Austria has not yet been finalised or adopted. The details (see: https://www.bundeskanzleramt.gv.at/dam/jcr:7b9e6755-2115-440c-b2ec-cbf64a931aa8/RegProgramm-lang.pdf on page 153) and in the parliamentary initiatives of the SPÖ and NEOS (e.g. SPÖ and NEOS). A general National Action Plan for Human Rights should not be replaced by the results of topic-specific action plans. Rather, it is intended to provide strategic and long-term planning, prioritisation and serve as a central mechanism for coordination and strategic planning to implement the recommendations of the UPR process. In addition to strategic objectives for legislation, a comprehensive national action plan should include the following elements: Network building within the administration and with NGOs, new creation and support of human rights institutions, integration of human rights education in schools and universities, educational programmes for vulnerable groups, public awareness-building, provision of information materials, research and evaluation. As early as 1993, the World Conference on Human Rights in Vienna recommended comprehensive National Action Plans for Human Rights. These form the gold standard throughout the EU and are widespread in many countries, as a study by the EU Fundamental Rights Agency shows ( Study by the EU Fundamental Rights Agency). It is no substitute for a general National Action Plan for Human Rights to await the results of topic-specific National Action Plans. Rather, the purpose of the general National Action Plan is to plan strategically and in the long term and to define priorities. In this way, the National Action Plan for Human Rights can also be the main mechanism for coordination and strategic planning for the implementation of the recommendations of the UPR process.
  In the Government Plan 2025-2029, the Federal Government aims to revitalise the Human Rights Action Plan and promote its implementation (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Continue strengthening successful policy to increase access to education, health and integration into the labour market for women with disabilities, ethnic minority groups, migrants, refugees and Asylum seekers

Proponent:

Somalia


Federal Republic of Somalia

Somalia


Federal Republic of Somalia

Remarks to progress by Liga (last modified Dec 31, 2024):

Gender stereotypes and role expectations contribute to inequality, make it difficult for women to advance in their careers and reduce their opportunities. To tackle the gender pay gap in the EU, the Council of the European Union adopted new rules on 24 April 2023 to combat pay discrimination and reduce the gender pay gap. 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 up to 3 years 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 (more information on this: here). In Austria, corresponding legislation has not yet been passed. The employment rate for women is also still lower than for men (in 2022 70% compared to 78%, Statistics Austria: https://www.statistik.at/statistiken/arbeitsmarkt/erwerbstaetigkeit/erwerbstaetige-merkmale).  With regard to women with disabilities, it should be noted that they are not a specific target group of the Austrian labour market service. The status of ministerial work is still the 2017 inclusion package (see information on the website of the Ministry of Social Affairs: https://www.sozialministerium.at/Themen/Soziales/Menschen-mit-Behinderungen/Berufliche-Teilhabe-von-Menschen-mit-Behinderungen.html). Civil society considers this to be insufficient. 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) in the event of multiple discrimination 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 not trained in a gender-equitable approach.  With regard to people of foreign origin, the employment rate is lower than for people born in Austria. Women from certain countries of origin are particularly affected (e.g. Turkey with a female employment rate of only 44%) and foreign origin is still a frequent reason for discrimination in the workplace (see Statistics Austria, „Labour market situation of migrants in Austria 2022“: https://www.statistik.at/fileadmin/publications/Arbeitsmarktsituation-Migrant-innen-2021.pdf). 

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