Universal Periodic Review

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. See this LINK for an overview about this process.

The recommendations can be filtered in the menu below by human rights topics, SDGs, proponent states etc. And also a search function is available.

We welcome your comments and suggestions at upr@liga.or.at.


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Progress: No progress

Take concrete steps to promote inclusive education for children with disabilities in the mainstream school system

Proponent:

Bahamas


Commonwealth of the Bahamas

Bahamas


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

Counter all forms of discrimination against women and girls with disabilities

Proponent:

Jordan


Hashemite Kingdom of Jordan

Jordan


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: 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:

Belgium


Kingdom of Belgium

Belgium


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:

Indonesia


Republic of Indonesia

Indonesia


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

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:

Finland


Republic of Finland

Finland


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). 

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

 

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