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. 

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

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:

Spain


Kingdom of Spain

Spain


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

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:

El Salvador


Republic of El Salvador

El Salvador


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:

Fiji


Republic of Fiji

Fiji


Republic of Fiji

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

{Kinder und Jugendliche-Kinderschutz}

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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