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: In progress

Continue to promote measures in combating racism, discrimination, xenophobia and intolerance

Proponent:

Barbados


Barbados

Barbados


Barbados

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

Racism remains a serious social problem in Austria. The latest report by SOS Mitmensch and other studies show that racist discrimination and hate crimes are on the rise. Anti-Muslim racism in particular has increased in recent years, partly fuelled by political rhetoric and campaigns targeting Muslim communities. Anti-Muslim hate crimes are common and are often supported by certain political groups. In 2023, the Documentation Centre on Islamophobia and Anti-Muslim Racism recorded a total of 1522 racist attacks against Muslims and people perceived to be Muslim. Compared to the previous year, 263 more cases were reported to us offline, which represents an increase of over 100 per cent of active case reports. The report shows a striking increase in case reports from the education sector. See report: here).
Austria has various laws in place to combat racism, including the Prohibition Act and the Equal Treatment Act. However, these legal frameworks are not always applied consistently, leading to calls for stronger policy measures and more rigorous enforcement of existing laws. Education and awareness-raising measures are also crucial to raise awareness of racial discrimination in the population and bring about long-term change (see SOS-Mitmensch report: https://www.sosmitmensch.at/site/momagazin/alleausgaben/7/article/395.html&ts=1720702499859).
ZARA’s report for the year 2023 provides a comprehensive overview of the extent and various forms of racism in Austria. A total of 1302 reports were documented and processed, almost 60% of which concerned online racism. This underlines the importance of digital platforms as a place for racist incidents, which can often be documented and reported using simple screenshots. The public sphere and the goods/services sector were particularly affected, with 58.2% and 15.9% of reports respectively. State authorities and institutions were involved in 11% of cases, while racist incidents in the police were only formally complained about in 4 out of 58 cases. In most of the other cases, those affected sought support from ZARA through counselling sessions and legal advice. A significant number (almost 78%) of reports came from witnesses, while 22% were submitted by those directly affected. The report also criticises the lack of implementation of a National Action Plan against Racism in Austria, although the need for structural change and combating institutional racism is obvious. There are still challenges in dealing with racism in Austria and the need for social support and structural changes to effectively address these issues (see Racism Report 2023, March 2024 edition: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf).  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).
It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. In 2023, the Ombud for Equal Treatment reported an increase in discrimination complaints, which indicates a greater sensitisation of the population. A recent update on xenophobia in Austria shows that the issue remains highly relevant to society. New studies and surveys confirm that xenophobia remains a significant issue, although exact figures and trends may vary depending on the source and methodology. One of the more recent studies, conducted by institutions such as the University of Vienna or SORA (Institute for Social Research and Empirical Methods), shows that a significant proportion of the Austrian population remains sceptical about immigration and foreigners. These attitudes manifest themselves in the rejection of cultural diversity, different religious practices and the perception of economic effects on jobs and social security. In addition to traditional forms of xenophobia as measured in the past, new forms of xenophobia often manifest themselves in the form of online hate speech and on social media. These platforms can act as a catalyst for negative attitudes and actions towards foreigners. Political debates and events, both within Austria and internationally, often influence public perceptions and attitudes towards migrants and foreigners. For example, immigration policy issues and security concerns related to refugee flows have continued to fuel debate and possibly changes in attitudes in recent years. Overall, xenophobia in Austria remains a complex and highly debated issue that continues to shape political, social and cultural dynamics and poses challenges for integration and social coexistence. 

Progress: In progress

Intensify further efforts to address extremist and discriminatory attitudes and behaviours through preventive and repressive measures

Proponent:

Cambodia


Kingdom of Cambodia

Cambodia


Kingdom of Cambodia

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

On 1 February 2022, Section 4(3a)(2) of the Ordinance of the Federal Minister of Justice of 16 June 1986 on the Implementation of the Public Prosecutor’s Office Act (DV-StAG) was amended in order to enshrine in law the establishment of special competences for terrorist criminal cases in public prosecutor’s offices with more than ten systematised posts (see DV-StAG: https://www.ris.bka.gv.at/eli/bgbl/1986/338/A1P4/NOR40241334). At the same time, Section 32 (5) of the Court Organisation Act (GOG) created the legal obligation to also introduce special jurisdiction for criminal terrorism cases at the regional courts. With the entry into force of the Counter-Terrorism Act (TeBG, Federal Law Gazette I No. 159/2021) on 1 September 2021 and 1 January 2022, additional measures were taken to combat terrorism (see: TeBG, Federal Law Gazette I No. 159/2021: https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2021_I_159/BGBLA_2021_I_159.html). The law contains comprehensive provisions that enable the authorities to take more effective action against terrorist and anti-state offences, genocide, crimes against humanity and war crimes. The Criminal Records Act also introduced a separate labelling of such crimes (see MVAG, BGBI. I No. 223/2022: https://ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2022_I_223/BGBLA_2022_I_223.). The Coordination Unit for the Prevention of Extremism and Deradicalisation in Prisons aims to gain information and insights through closer cooperation with prisons, courts, public prosecutors‘ offices and authorities. It deals with risk assessments, the monitoring of external contacts, the definition of training and further education programmes, the implementation of inter-agency case discussions and the monitoring of measures and structures in the prison system. The target group is offenders convicted under the Prohibition Act or for terrorist offences or international crimes, as well as inmates suspected of radicalisation (see BMJ website: https://www.bmj.gv.at/themen/Strafvollzug/Koordinationsstelle-Extremismuspr%C3%A4vention-und-Deradikalisierung-(KED).html). A national action plan to combat right-wing extremism and prevent extremism and radicalisation may be planned, but has not been implemented. In 2018, an „Austrian Strategy for the Prevention of Extremism and Deradicalisation“ was adopted, which has led to changes in parts (see PDF: https://www.dsn.gv.at/501/files/Praevention/767_Strategie_Extremismuspraevention_und_Deradikalisierung_publikation_210x297mm_DE_WEB_20190115.pdf).   In general, it should be noted that comprehensive measures have been taken in this area. However, there is concern that the strong emphasis on combating extremism in security policy practice does not jeopardise other fundamental rights and freedoms. It should be noted that in recent years, the responsible members of government have repeatedly gone to great lengths to advertise specific large-scale actions against extremism (e.g. the media-famous Aktion Luxor), while in many of these cases the measures and investigations actually carried out did not stand up to subsequent judicial review for the most part.
  As part of the Government Plan 2025-2029, the Federal Government has set itself the goal of countering extremism with targeted measures and strengthening social resilience (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
The website of the Directorate of State Security and Intelligence (DSN) presents current developments and measures in the area of „Preventing extremism and deradicalisation in Austria“ (see website: here). The focus is on the implementation of the „Austrian Action Plan for the Prevention of Extremism and Deradicalisation“, which was published in July 2023 (see NAP: https://www.dsn.gv.at/216/files/BNED_NAP_Deutsch_web_bf_20240527.pdf). The DSN emphasises the importance of coordinated cooperation between state authorities, educational institutions and civil society organisations in order to effectively counter extremist tendencies.   
An important aspect of current efforts is to raise awareness among the population and provide preventative educational programmes. The DSN also provides various resources and information to better educate professionals and the general public about the risks and signs of extremism. The aim is to increase security in Austria and counter extremist influences through early intervention and targeted deradicalisation programmes;
There are currently clear challenges in the prevention of extremism in Austria. The Extremism Advice Centre points out existing gaps, particularly in the accessibility and availability of prevention services for young people. There is a lack of sufficiently specialised contact points and long-term projects that address the diverse needs of different target groups. In addition, the „RE:WORK – Preventing extremism in schools“ project was launched to provide schools with more support in their prevention work. The project aims to train teachers and pupils in dealing with extremist tendencies and provide them with tools for effective prevention.
 
As part of the Government Plan 2025-2029, the Federal Government has set itself the goal of countering extremism with targeted measures and strengthening social resilience (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
One of the current priorities in the fight against terrorism in Austria is the need for basic research. In November 2021, Interior Minister Karl Nehammer emphasised the importance of a deep understanding of radicalisation processes and the ideological motives behind terrorism for the development of effective prevention strategies. The research should help to improve targeted measures to prevent terrorist attacks and combat extremist networks.
In addition, the 5th Prevention Summit on Extremism and Terrorism was held in March 2024. The summit serves as a platform for the exchange of best practices and the development of new concepts for preventing extremism and terrorism.
Overall, these developments show that a comprehensive understanding and continuous exchange are essential elements for optimising security strategies in Austria and taking effective action against terrorism and extremism.
  As part of the Government Plan 2025-2029, the federal government has set itself the goal of countering extremism with targeted measures and strengthening social resilience (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
In April 2021, the Office for the Protection of the Constitution reported an increasing threat from right-wing extremism in Austria. The 2021 constitutional protection report emphasises that right-wing extremist groups and individuals are increasingly spreading violent and extremist ideologies, particularly through their presence on the internet. These actors often use conspiracy theories and pseudo-scientific arguments to spread their messages (see the 2021 Report on the Protection of the Constitution, page 20ff: https://www.dsn.gv.at/501/files/VSB/VSB_2021_bf_012023.pdf).   In addition, a parliamentary question was submitted in June 2021, which emphasised the need to combat right-wing extremism in Austria more effectively. The answers to this enquiry made it clear that, in addition to monitoring and criminal prosecution, preventative measures are also essential. These include increased education and awareness-raising initiatives as well as closer cooperation between security authorities and civil society organisations in order to curb the spread of right-wing extremist ideologies at an early stage and reduce their influence on society (see Action Plan against Right-Wing Extremism 2021: <a href=https://www.parlament.gv.at/gegenstand/XXVII/A/1656< https://www.parlament.gv.at/gegenstand/XXVII/A/1656).
  As part of the Government Plan 2025-2029, the Federal Government has set itself the goal of countering extremism with targeted measures and strengthening social resilience (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
The problems in the school environment were particularly emphasised, where preventative work against racism is urgently needed. Several measures are proposed to prevent discrimination in Austria, based on the current findings of the ZARA Racism Report 2023. These include educational initiatives to promote awareness and sensitivity to discrimination, as well as the strengthening and consistent implementation of anti-discrimination laws. Public campaigns should support tolerance and diversity, while counselling centres and support services help those affected. These approaches aim to create a more inclusive and non-discriminatory society. Further details can be found in the full report (see Zara Report 2023: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf ). The ZARA Racism Report 2023 emphasises the need for strict measures to prevent discrimination in Austria. This includes the consistent application and enforcement of anti-discrimination laws to ensure that offences are effectively punished. In addition, specialised counselling centres and support services should be easily accessible for those affected. Law enforcement agencies must be sensitised and trained to recognise and combat discrimination in order to ensure an appropriate response to racist incidents. These measures help to promote a discrimination-free society. Organisations such as SOS Mitmensch and the Ombud for Equal Treatment are also calling for improved legislation and stronger prosecution to prevent discrimination. They emphasise the importance of monitoring and reporting in order to measure progress and identify gaps. 

Progress: In progress

Strengthen its ongoing work and take effective measures to combat discrimination, intolerance, racism and xenophobia

Proponent:

Nicaragua


Republic of Nicaragua

Nicaragua


Republic of Nicaragua

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.  

Progress: In progress

Scale up efforts in combatting racism, racial discrimination and hate crimes

Proponent:

Nigeria


Federal Republic of Nigeria

Nigeria


Federal Republic of Nigeria

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.  Racism remains a serious social problem in Austria. The latest report by SOS Mitmensch and other studies show that racist discrimination and hate crimes are on the rise. Anti-Muslim racism in particular has increased in recent years, partly fuelled by political rhetoric and campaigns targeting Muslim communities. Anti-Muslim hate crimes are common and are often supported by certain political groups. In 2023, the Documentation Centre on Islamophobia and Anti-Muslim Racism recorded a total of 1522 racist attacks against Muslims and people perceived to be Muslim. Compared to the previous year, 263 more cases were reported to us offline, which represents an increase of over 100 per cent of active case reports. The report shows a striking increase in case reports from the education sector. See report: here).
Austria has various laws in place to combat racism, including the Prohibition Act and the Equal Treatment Act. However, these legal frameworks are not always applied consistently, leading to calls for stronger policy measures and more rigorous enforcement of existing laws. Education and awareness-raising measures are also crucial to raise awareness of racial discrimination in the population and bring about long-term change (see SOS-Mitmensch report: https://www.sosmitmensch.at/site/momagazin/alleausgaben/7/article/395.html&ts=1720702499859).
ZARA’s report for the year 2023 provides a comprehensive overview of the extent and various forms of racism in Austria. A total of 1302 reports were documented and processed, almost 60% of which concerned online racism. This underlines the importance of digital platforms as a place for racist incidents, which can often be documented and reported using simple screenshots. The public sphere and the goods/services sector were particularly affected, with 58.2% and 15.9% of reports respectively. State authorities and institutions were involved in 11% of cases, while racist incidents in the police were only formally complained about in 4 out of 58 cases. In most of the other cases, those affected sought support from ZARA through counselling sessions and legal advice. A significant number (almost 78%) of reports came from witnesses, while 22% were submitted by those directly affected. The report also criticises the lack of implementation of a National Action Plan against Racism in Austria, although the need for structural change and combating institutional racism is obvious. There are still challenges in dealing with racism in Austria and the need for social support and structural changes to effectively address these issues (see Racism Report 2023, March 2024 edition: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf).  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).
The Federal Ministry of the Interior has published the situation report „Hate Crime 2022“ (see Hate Crime 2022 Report: The core results, p.10: https://www.bmi.gv.at/bmi_documents/3042.pdf). It shows an increase in offences motivated by prejudice, with 5,865 cases reported. These offences mainly concern ideology, national/ethnic origin and religion. One third of the offences reported were violations of the Prohibition Act. Interior Minister Karner emphasised the importance of prevention, especially among young people, in order to recognise and combat extremist tendencies at an early stage. Measures to sensitise and train the police have been intensified. On a positive note, it should be emphasised that the Federal Ministry of the Interior has integrated the systematic recording of prejudiced motives in intentional criminal offences into police work as part of an EU project. For this purpose, the category „Hate crime“ was introduced in the police logging programme (PAD) as a separate „Motive“ tab with the title „Prejudice motives (hate crime) according to victim groups“. The recorded data is transmitted to the justice system via a separate interface: Electronic Legal Transactions (ERV) and subjected to quality assurance by the Federal Ministry of the Interior. In 2022, the Report of the Federal Ministry of the Interior on „Hate Crime“ in Austria – Annual Report 2021 was published for the first time. In the period from January to December 2021, 5,464 offences motivated by prejudice were recorded by the police (Report of the Federal Ministry of the Interior on „Hate Crime“ in Austria 2021: here). With the systematic recording of hate crimes motivated by prejudice and the publication of statistics on hate crimes recorded by the police, a first important step has been taken to make hate crimes visible. It is important to observe the extent to which the views of the police and victim protection organisations or community organisations agree on whether an incident should be classified as a hate crime or not. These observations are an important basis for the reliability of the statistics on hate crimes that are now being collected. ECRI has also emphasised that politicians should take a firm stance against racist hate speech and that political parties should introduce codes of conduct that prohibit the use of hate speech. So far, these recommendations have gone unheeded.   As part of a European mapping project on hate crimes, work is being done on a victim-centred referral system for affected people. In Austria, ZARA is working on this project together with CEJI. Other civil society organisations, the Ombud for Equal Treatment, the Federal Ministry of the Interior and the Federal Ministry of Justice are also involved (project homepage: http://scan-project.eu/). Further measures are needed to create a victim-centred, easily accessible referral system for people affected by hate crimes that protects them from (re)traumatisation and re-victimisation. In particular, the police, social workers, teachers, the judiciary, etc. must be further sensitised in order to quickly recognise hate crimes and refer those affected to the right places. Such a referral system should make it easier for those affected by hate crimes to gain access to support and criminal prosecution of the perpetrators. The publication of data by the judiciary is important in order to gain an insight into how many of the reported hate crimes are followed up and what can be learned from them for prevention measures (a detailed catalogue of recommendations is available at: https://standup-project.eu/wp-content/uploads/2023/01/A4_policy_brief_standUP_DE.pdf). According to the ZARA Racism Report 2023, people with migration experience, especially from African or Asian countries, are disproportionately affected by discrimination. This discrimination manifests itself in various areas of life, including the labour market, education and access to public services (see ZARA Report 2023: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf). The ECRI report by the Ombud for Equal Treatment emphasises that despite progress in the legal framework to combat discrimination, practical implementation is often inadequate. To meet these challenges, comprehensive measures are needed to promote equal treatment and combat racism. This includes both political initiatives and social efforts to raise awareness and education. 

Progress: No progress

Develop a national plan to combat racism, xenophobia and discrimination

Proponent:

Argentina


Argentine Republic

Argentina


Argentine Republic

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.  

Progress: No progress

Combat all forms of racial discrimination and develop a national plan of action against racism

Proponent:

Egypt


Arab Republic of Egypt

Egypt


Arab Republic of Egypt

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.   According to the ZARA Racism Report 2023, people with migration experience, especially from African or Asian countries, are disproportionately affected by discrimination. This discrimination manifests itself in various areas of life, including the labour market, education and access to public services (see ZARA Report 2023: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf). The ECRI report by the Ombud for Equal Treatment emphasises that despite progress in the legal framework to combat discrimination, practical implementation is often inadequate. To meet these challenges, comprehensive measures are needed to promote equal treatment and combat racism. This includes both political initiatives and social efforts to raise awareness and education. 

Progress: In progress

Continue efforts made in the framework of combating discrimination and hate speech against foreigners, minorities, and immigrants

Proponent:

Tunisia


Tunisian Republic

Tunisia


Tunisian Republic

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.   While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements of people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html). Austria should step up its efforts to combat discrimination and hate speech against ethnic minorities, immigrants and refugees. It is crucial to provide additional resources for the prosecution of hate crimes while strengthening prevention. This applies in particular to combating discrimination against Muslims, Roma, people of African descent, refugees and migrants. The promotion of awareness campaigns and cooperation with civil society organisations are important elements in promoting an inclusive and tolerant society.   In recent years, there has been a tightening of immigration policy in Austria and an increasing harshness towards asylum seekers. This is reflected in legislative changes aimed at making access to asylum more difficult and facilitating the deportation of rejected asylum seekers. Another problem is the treatment of asylum seekers during the asylum procedure and in reception centres. There are currently reports of overcrowded accommodation, inadequate medical care and a lack of integration into the education system.  In 2021, funding for ethnic groups in Austria was significantly increased, with funding now totalling almost 8 million euros. New laws were also adopted to combat hate speech on the internet and violent hate crimes (ACFC/OP/V(2023)002, 5th Review Report of the Advisory Committee for the Framework Convention for the Protection of National Minorities of the Secretariat of the Framework Convention for the Protection of National Minorities of the Council of Europe: https://rm.coe.int/5th-op-austria-de-full-version/1680ace87b). Nevertheless, challenges remain, particularly in the area of minority language teaching and with regard to mutual respect and intercultural dialogue in society. In Austria, the Framework Convention is implemented and monitored by a dialogue platform in which government representatives, civil society organisations and experts from science and research work together. This dialogue process is crucial for compliance with the provisions of the Framework Convention for the Protection of National Minorities (further information on the website of the Federal Chancellery: https://www.bundeskanzleramt.gv.at/themen/volksgruppen/roma-strategie.html).  Austria has launched programmes and initiatives to promote tolerance and integration. Nevertheless, reports of discrimination and hate speech continue to emerge, suggesting that further action is needed to address these issues. There is a need for continuous monitoring and improvement to ensure that efforts to combat hate speech and discrimination are effective and that the communities affected are sufficiently protected. 

Progress: No progress

Devote additional resources to prosecute hate crimes and prevent discrimination, including against Muslims, Roma, refugees and migrants, and persons of African origin

Proponent:

USA


United States of America

USA


United States of America

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

It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. The Federal Ministry of the Interior has published the situation report „Hate Crime 2022“ (see Hate Crime 2022 Report: The core results, p.10: https://www.bmi.gv.at/bmi_documents/3042.pdf). It shows an increase in offences motivated by prejudice, with 5,865 cases reported. These offences mainly concern ideology, national/ethnic origin and religion. One third of the offences reported were violations of the Prohibition Act. Interior Minister Karner emphasised the importance of prevention, especially among young people, in order to recognise and combat extremist tendencies at an early stage. Measures to sensitise and train the police have been intensified. On a positive note, it should be emphasised that the Federal Ministry of the Interior has integrated the systematic recording of prejudiced motives in intentional criminal offences into police work as part of an EU project. For this purpose, the category „Hate crime“ was introduced in the police logging programme (PAD) as a separate „Motive“ tab with the title „Prejudice motives (hate crime) according to victim groups“. The recorded data is transmitted to the justice system via a separate interface: Electronic Legal Transactions (ERV) and subjected to quality assurance by the Federal Ministry of the Interior. In 2022, the Report of the Federal Ministry of the Interior on „Hate Crime“ in Austria – Annual Report 2021 was published for the first time. In the period from January to December 2021, 5,464 offences motivated by prejudice were recorded by the police (Report of the Federal Ministry of the Interior on „Hate Crime“ in Austria 2021: here). With the systematic recording of hate crimes motivated by prejudice and the publication of statistics on hate crimes recorded by the police, a first important step has been taken to make hate crimes visible. It is important to observe the extent to which the views of the police and victim protection organisations or community organisations agree on whether an incident should be classified as a hate crime or not. These observations are an important basis for the reliability of the statistics on hate crimes that are now being collected. ECRI has also emphasised that politicians should take a firm stance against racist hate speech and that political parties should introduce codes of conduct that prohibit the use of hate speech. So far, these recommendations have gone unheeded.   As part of a European mapping project on hate crimes, work is being done on a victim-centred referral system for affected people. In Austria, ZARA is working on this project together with CEJI. Other civil society organisations, the Ombud for Equal Treatment, the Federal Ministry of the Interior and the Federal Ministry of Justice are also involved (project homepage: http://scan-project.eu/). Further measures are needed to create a victim-centred, easily accessible referral system for people affected by hate crimes that protects them from (re)traumatisation and re-victimisation. In particular, the police, social workers, teachers, the judiciary, etc. must be further sensitised in order to quickly recognise hate crimes and refer those affected to the right places. Such a referral system should make it easier for those affected by hate crimes to gain access to support and criminal prosecution of the perpetrators. The publication of data by the judiciary is important in order to gain an insight into how many of the reported hate crimes are followed up and what can be learned from them for prevention measures (a detailed catalogue of recommendations is available at: https://standup-project.eu/wp-content/uploads/2023/01/A4_policy_brief_standUP_DE.pdf). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements of people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html). Austria should step up its efforts to combat discrimination and hate speech against ethnic minorities, immigrants and refugees. It is crucial to provide additional resources for the prosecution of hate crimes while strengthening prevention. This applies in particular to combating discrimination against Muslims, Roma, people of African descent, refugees and migrants. The promotion of awareness campaigns and cooperation with civil society organisations are important elements in promoting an inclusive and tolerant society.   Anti-Muslim racism is a worrying and growing phenomenon in Austria. According to the Anti-Muslim Racism Report 2023 by the Documentation Centre Austria, a total of 1522 cases were reported, a record high since the beginning of the survey. Two thirds of these incidents took place online, while the rest occurred in the real world, including discrimination in public spaces, such as verbal insults and physical assaults. Women, especially those wearing headscarves, are particularly affected.
In the education sector, incidents such as insulting comments from classmates or threats from school administrators towards praying Muslim pupils have been documented. The spread of hate online is particularly problematic, accounting for almost 90 per cent of reported online incidents. Experts warn that these incidents are deepening social divisions and threatening social cohesion (see documentary Report 2023: https://dokustelle.at/reports/dokustelle-report-2023). In an open letter to the Austrian federal government, civil society calls for the introduction of the criminal offence of „political Islam“ to be dropped. The reason for this is the lack of scientific uniformity in the definition of this term, which could allow it to be used indiscriminately. The concern is that this could lead to generalised suspicions and executive measures against Muslims. The organisation also appeals for protection against discrimination and the preservation of religious freedom by ensuring that state authorities allow all communities to practise their religion freely and equally. It also emphasises that deradicalisation and counter-terrorism strategies must respect the rights of Muslim women to protection from discrimination and freedom of expression. Finally, it calls for religious practices and clothing not to be used as indicators of radicalisation and for surveillance not to be carried out on the basis of membership of Islam or Muslim organisations in order to avoid blanket criminalisation.    In 2023, the Documentation Centre Austria documented a total of 1522 racist attacks against Muslim
and persons perceived as Muslim. This figure is made up of cases that were reported offline and cases that were recorded as part of intensified online monitoring. However, the organisation emphasises that the actual number of attacks is likely to be higher;
{Hassverbrechen-Migrant:innen} In recent years, there has been a tightening of immigration policy in Austria and an increasing harshness towards asylum seekers. This is reflected in legislative changes aimed at making access to asylum more difficult and facilitating the deportation of rejected asylum seekers. Another problem is the treatment of asylum seekers during the asylum procedure and in reception centres. There are currently reports of overcrowded accommodation, inadequate medical care and a lack of integration into the education system. In Austria, Roma and Sinti:cze continue to be severely affected by discrimination, particularly in areas such as education, work, health and housing. The national strategy for the inclusion of Roma was updated in 2021, but a study continues to reveal prejudice and structural disadvantages. One problem is „underreporting“, as many of those affected do not report discrimination out of fear or bad experiences. The Ombud for Equal Treatment is trying to combat this by providing legal advice and networking with civil society organisations (see study on the evaluation of the national strategy for the inclusion of Roma in Austria (Sensiro)): https://sensiroprojekt.univie.ac.at/wp-content/uploads/2022/10/SENSIRO_Endbericht.pdf).  {Diskriminierung-Afrikanischer Herkunft}

Progress: No progress

Step up measures to combat discrimination, xenophobia and hate crimes against Muslims and other minorities, including migrants

Proponent:

Bangladesh


People's Republic of Bangladesh

Bangladesh


People's Republic of Bangladesh

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

While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements of people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html). Austria should step up its efforts to combat discrimination and hate speech against ethnic minorities, immigrants and refugees. It is crucial to provide additional resources for the prosecution of hate crimes while strengthening prevention. This applies in particular to combating discrimination against Muslims, Roma, people of African descent, refugees and migrants. The promotion of awareness campaigns and cooperation with civil society organisations are important elements in promoting an inclusive and tolerant society.  Anti-Muslim racism is a worrying and growing phenomenon in Austria. According to the Anti-Muslim Racism Report 2023 by the Documentation Centre Austria, a total of 1522 cases were reported, a record high since the beginning of the survey. Two thirds of these incidents took place online, while the rest occurred in the real world, including discrimination in public spaces, such as verbal insults and physical assaults. Women, especially those wearing headscarves, are particularly affected.
In the education sector, incidents such as insulting comments from classmates or threats from school administrators towards praying Muslim pupils have been documented. The spread of hate online is particularly problematic, accounting for almost 90 per cent of reported online incidents. Experts warn that these incidents are deepening social divisions and threatening social cohesion (see documentary Report 2023: https://dokustelle.at/reports/dokustelle-report-2023). In an open letter to the Austrian federal government, civil society calls for the introduction of the criminal offence of „political Islam“ to be dropped. The reason for this is the lack of scientific uniformity in the definition of this term, which could allow it to be used indiscriminately. The concern is that this could lead to generalised suspicions and executive measures against Muslims. The organisation also appeals for protection against discrimination and the preservation of religious freedom by ensuring that state authorities allow all communities to practise their religion freely and equally. It also emphasises that deradicalisation and counter-terrorism strategies must respect the rights of Muslim women to protection from discrimination and freedom of expression. Finally, it calls for religious practices and clothing not to be used as indicators of radicalisation and for surveillance not to be carried out on the basis of membership of Islam or Muslim organisations in order to avoid blanket criminalisation.    In 2023, the Documentation Centre Austria documented a total of 1522 racist attacks against Muslim
and persons perceived as Muslim. This figure is made up of cases that were reported offline and cases that were recorded as part of intensified online monitoring. However, the organisation emphasises that the actual number of attacks is likely to be higher;
There is a lack of political strategy, particularly with regard to anti-Muslim racism. Instead, measures are taken that lead to prejudgement of people perceived as Muslim. According to a study by the European Union Agency for Fundamental Rights (FRAU), many migrants reported everyday experiences of discrimination and xenophobia. Data from the organisation ZARA- Zivilcourage und Antirassismus Arbeit documented around 1,300 racist incidents in 2023, which represents a decrease compared to previous years, but still shows a high level (see Zara Racism Report 2023, Data and Analyses, page 10ff: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf).
Particularly alarming was an increase in active case reports of more than 100% compared to 2022, with the months of May, October, November and December standing out in particular. These increases correlated with national and global developments, including political events and media coverage of Muslim communities;

In 2022, 1,080 right-wing extremist offences were registered in Austria, with a significant proportion of these offences motivated by xenophobia. These incidents include both physical violence and damage to property specifically targeting migrants (see statistics on the number of right-wing offences in Austria, 2023: https://de.statista.com/statistik/daten/studie/881250/umfrage/rechte-straftaten-in-oesterreich-nach-bereichen/). With the systematic recording of hate crimes motivated by prejudice and the publication of statistics on hate crimes recorded by the police, a first important step has been taken to make hate crimes visible. It is important to observe the extent to which the views of the police and victim protection organisations or community organisations agree on whether an incident should be classified as a hate crime or not. These observations are an important basis for the reliability of the statistics on hate crimes that are now being collected. The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.  {Minderheiten-Disrkiminierung}

Progress: In progress

Intensify efforts to combat hate speech and racial discrimination

Proponent:

Belarus


Republic of Belarus

Belarus


Republic of Belarus

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.   Racism remains a serious social problem in Austria. The latest report by SOS Mitmensch and other studies show that racist discrimination and hate crimes are on the rise. Anti-Muslim racism in particular has increased in recent years, partly fuelled by political rhetoric and campaigns targeting Muslim communities. Anti-Muslim hate crimes are common and are often supported by certain political groups. In 2023, the Documentation Centre on Islamophobia and Anti-Muslim Racism recorded a total of 1522 racist attacks against Muslims and people perceived to be Muslim. Compared to the previous year, 263 more cases were reported to us offline, which represents an increase of over 100 per cent of active case reports. The report shows a striking increase in case reports from the education sector. See report: here).
Austria has various laws in place to combat racism, including the Prohibition Act and the Equal Treatment Act. However, these legal frameworks are not always applied consistently, leading to calls for stronger policy measures and more rigorous enforcement of existing laws. Education and awareness-raising measures are also crucial to raise awareness of racial discrimination in the population and bring about long-term change (see SOS-Mitmensch report: https://www.sosmitmensch.at/site/momagazin/alleausgaben/7/article/395.html&ts=1720702499859).
ZARA’s report for the year 2023 provides a comprehensive overview of the extent and various forms of racism in Austria. A total of 1302 reports were documented and processed, almost 60% of which concerned online racism. This underlines the importance of digital platforms as a place for racist incidents, which can often be documented and reported using simple screenshots. The public sphere and the goods/services sector were particularly affected, with 58.2% and 15.9% of reports respectively. State authorities and institutions were involved in 11% of cases, while racist incidents in the police were only formally complained about in 4 out of 58 cases. In most of the other cases, those affected sought support from ZARA through counselling sessions and legal advice. A significant number (almost 78%) of reports came from witnesses, while 22% were submitted by those directly affected. The report also criticises the lack of implementation of a National Action Plan against Racism in Austria, although the need for structural change and combating institutional racism is obvious. There are still challenges in dealing with racism in Austria and the need for social support and structural changes to effectively address these issues (see Racism Report 2023, March 2024 edition: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf).  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).
According to the ZARA Racism Report 2023, people with migration experience, especially from African or Asian countries, are disproportionately affected by discrimination. This discrimination manifests itself in various areas of life, including the labour market, education and access to public services (see ZARA Report 2023: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf). The ECRI report by the Ombud for Equal Treatment emphasises that despite progress in the legal framework to combat discrimination, practical implementation is often inadequate. To meet these challenges, comprehensive measures are needed to promote equal treatment and combat racism. This includes both political initiatives and social efforts to raise awareness and education.  It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights.  Regarding hate speech on the internet, the Hate on the Net Act was introduced to help victims of online hate, including group-focused misanthropy (HiNBG see: here). Another positive development is that the Federal Ministry of the Interior has integrated the systematic recording of prejudicial motives in intentional criminal offences into police work as part of an EU project. For this purpose, the category „Hate crime“ was introduced in the police logging programme (PAD) as a separate „Motive“ tab with the title „Prejudice motives (hate crime) according to victim groups“. The recorded data is transmitted to the justice system via a separate interface: Electronic Legal Transactions (ERV) and subjected to quality assurance by the Federal Ministry of the Interior. Around 30,000 police officers throughout Austria have been prepared for this task by completing e-learning seminars and receiving training as multipliers. The police now work on the basis of a victim-centred approach, actively listening to those affected and investigating consistently to ensure appropriate prosecution. These measures are designed to help tackle bias crime and improve safety for all citizens.
 In the Government Plan 2025-2029, the Federal Government plans to set up a National Action Plan against Hate Crime with the aim of taking targeted action against hate crime (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: In progress

Continue its efforts on the national investigation and complaints body for cases of alleged police misconduct, and to integrate human rights and anti-discrimination norms into police training courses

Proponent:

Australia


Australia

Australia


Australia

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

The current status in Austria shows that progress continues to be made with regard to the establishment of a state investigation and complaints office for cases of alleged police misconduct. There are ongoing discussions and recommendations to establish and effectively utilise this body. At the same time, it is emphasised that it is important to promote the integration of human rights and anti-discrimination norms into police training in order to strengthen respect for human rights and combat discrimination. In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Continue efforts to improve access to justice for victims of discrimination, including discrimination based on hate speech and ethnic, racial or religious grounds

Proponent:

Cuba


Republic of Cuba

Cuba


Republic of Cuba

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.  Racism remains a serious social problem in Austria. The latest report by SOS Mitmensch and other studies show that racist discrimination and hate crimes are on the rise. Anti-Muslim racism in particular has increased in recent years, partly fuelled by political rhetoric and campaigns targeting Muslim communities. Anti-Muslim hate crimes are common and are often supported by certain political groups. In 2023, the Documentation Centre on Islamophobia and Anti-Muslim Racism recorded a total of 1522 racist attacks against Muslims and people perceived to be Muslim. Compared to the previous year, 263 more cases were reported to us offline, which represents an increase of over 100 per cent of active case reports. The report shows a striking increase in case reports from the education sector. See report: here).
Austria has various laws in place to combat racism, including the Prohibition Act and the Equal Treatment Act. However, these legal frameworks are not always applied consistently, leading to calls for stronger policy measures and more rigorous enforcement of existing laws. Education and awareness-raising measures are also crucial to raise awareness of racial discrimination in the population and bring about long-term change (see SOS-Mitmensch report: https://www.sosmitmensch.at/site/momagazin/alleausgaben/7/article/395.html&ts=1720702499859).
ZARA’s report for the year 2023 provides a comprehensive overview of the extent and various forms of racism in Austria. A total of 1302 reports were documented and processed, almost 60% of which concerned online racism. This underlines the importance of digital platforms as a place for racist incidents, which can often be documented and reported using simple screenshots. The public sphere and the goods/services sector were particularly affected, with 58.2% and 15.9% of reports respectively. State authorities and institutions were involved in 11% of cases, while racist incidents in the police were only formally complained about in 4 out of 58 cases. In most of the other cases, those affected sought support from ZARA through counselling sessions and legal advice. A significant number (almost 78%) of reports came from witnesses, while 22% were submitted by those directly affected. The report also criticises the lack of implementation of a National Action Plan against Racism in Austria, although the need for structural change and combating institutional racism is obvious. There are still challenges in dealing with racism in Austria and the need for social support and structural changes to effectively address these issues (see Racism Report 2023, March 2024 edition: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf).  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).
It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. Austria has not yet implemented some of the recommendations of the European Commission against Racism and Intolerance (ECRI) from its report „General Policy Recommendations No. 15 on Combating Hate Speech (2015)“ (see: ECRI General Policy Recommendations No.15 on Combating Hate Speech,2015: https://rm.coe.int/ecri-general-policy-recommendation-no-15-on-combating-hate-speech/16808b5b01). This includes the pending ratification of the „Additional Protocol to the Convention on Cybercrime“ and the „Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms.“  A large number of measures have been taken since 2021 to combat all forms of antisemitism. A central coordination centre for the topic of anti-Semitism has been set up at the Federal Chancellery and a national strategy against anti-Semitism has been published (see https://www.bundeskanzleramt.gv.at/dam/jcr:8bd2975f-0483-4e74-abd9-d66446195d7c/antisemitismusstrategie.pdf). Even though the position has now been downgraded to a department in the Policy Section, it still exists in principle.   Two implementation reports are available (for 2021 and 2022). For the education sector, a strategy paper on the „Prevention of antisemitism through education“ was developed in 2022, which contains recommendations for the implementation of the National Strategy against Antisemitism for the Austrian education administration and teacher training institutions (see: https://oead.at/fileadmin/Dokumente/oead.at/KIM/Downloadcenter/OeAD_E.AT_Strategiepapier_FIN_01.pdf). These recommendations were discussed at the symposium on „Preventing antisemitism through education“ in September 2022. In 2022, the National Forum against Antisemitism was also established to pool knowledge, combat antisemitism and promote Jewish life in Austria. The body is made up of representatives from the federal government, the provinces, municipalities, social partners, academia, religious communities, Jewish museums and civil society. A working group on the documentation of anti-Semitic incidents was also established with the aim of learning from the experiences of other organisations that already document racist, anti-Semitic, etc. incidents. The aim is to learn from the experiences of other organisations already documenting racist, anti-Semitic incidents in order to set up an anti-Semitism documentation centre that meets current requirements.   Parliament also commissioned a study on anti-Semitism in Austria, which was presented in April 2023 (see https://www.parlament.gv.at/dokument/fachinfos/publikationen/Langbericht-Antisemitismus-2022-Oesterreichweite-Ergebnisse.pdf). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements of people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html). Regarding hate speech on the internet, the Hate on the Net Act was introduced to help victims of online hate, including group-focused misanthropy (HiNBG see: https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2020_I_148/BGBLA_2020_I_148.html). 

Progress: No progress

Take appropriate measures to eliminate discrimination of women in the labour market and reduce the gender pay gap

Proponent:

Uganda


Republic of Uganda

Uganda


Republic of Uganda

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

There is still a significant pay gap between women and men in Austria. According to recent studies, women in Austria earn on average 18.8 per cent less than men, and this difference exists regardless of educational and professional qualifications (Statistik Austria, 2021: https://www.statistik.at/statistiken/bevoelkerung-und-soziales/gender-statistiken/einkommen). 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: https://www.bundeskanzleramt.gv.at/themen/europa-aktuell/2023/04/gender-pay-gap-rat-der-eu-nimmt-neue-vorschriften-zur-lohntransparenz-an.html). In Austria, corresponding legislation has not yet been passed. The labour force participation 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). 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. 

Progress: No progress

Adopt a comprehensive strategy to eliminate discriminatory stereotypes regarding the roles and responsibilities of women and men in the family and in society

Proponent:

Bahamas


Commonwealth of the Bahamas

Bahamas


Commonwealth of the Bahamas

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

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

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:

Marshall Islands


Republic of Marshall Islands

Marshall Islands


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

Strengthen its efforts to eliminate discriminatory stereotypes regarding the roles and the responsibilities of women and men in the family and in society

Proponent:

Timor-Leste


Democratic Republic of Timor-Leste

Timor-Leste


Democratic Republic of Timor-Leste

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

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

Work to combat discrimination against women and improve access for persons with disabilities in the workplace

Proponent:

USA


United States of America

USA


United States of America

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

With this in mind, in August 2023 the ACA also published the report „Violence and Victim Protection for Women“, which highlights the potential for effective protection of women affected by violence. The ACA 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). An important civil society initiative in this area is the Neighbourhoods Without Partner Violence Initiative („StoP Partner Violence“) with the participation of the umbrella organisation Autonomous Austrian Women’s Shelters (for the initiative, see https://stop-partnergewalt.at/). The Austrian women’s organisations point out that violence against women, including femicide and domestic violence, is still reaching alarming proportions. In this critical situation, political, legal and financial measures that go beyond current measures are needed to effectively combat violence against women. In Austria, there is a distinction between people who are fit for work and those who are not. The ability or inability to work is determined exclusively on the basis of medical criteria, often directly after school. The federal states are responsible for people who are not fit for work, while the federal government is responsible for people who are fit for work. Hardly any measures have been taken with regard to the group of people who are unable to work. These people continue to work in day labour and employment structures, but do not receive a wage and have no independent social insurance (with the exception of accident insurance). This leads to increased poverty in old age and there is no data on the transition to the regular labour market. There are no nationwide uniform measures to make this possible and the planned measures in the National Action Plan 2022-2030 have not yet been implemented (see National Action Plan on Disability available on the website of the Ministry of Social Affairs: https://www.sozialministerium.at/Themen/Soziales/Menschen-mit-Behinderungen/Nationaler-Aktionsplan-Behinderung.html). Support services for people who are able to work are largely linked to a certain degree of disability (GdB), which means that people who do not have a degree of disability (GdB) determined by the state are excluded from corresponding support measures. The measures offered by the Public Employment Service (AMS) are not fully accessible to people with disabilities. As a result, unemployed people with disabilities are less likely to take part in AMS training programmes than unemployed people without disabilities.    There are only a few measures to combat gender-specific employment imbalances and wage gaps, apart from higher wage cost support for women with disabilities as part of the „Inclusion Support Plus“ programme (Inklusionsförderung/InklusionsförderungPlus: https://www.wko.at/service/arbeitsrecht-sozialrecht/inklusionsfoerderung-inklusionsfoerderungplus.html). There are no specific labour market policy measures for women with disabilities (wage subsidies: Website of the Social Ministry Service: https://www.sozialministeriumservice.at/Finanzielles/Foerderungen/Lohnfoerderungen/Lohnfoerderungen.de.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: In progress

Redouble efforts to eliminate all kinds of violence and discrimination against women and girls, regardless of their migratory status

Proponent:

Brazil


Federal Republic of Brazil

Brazil


Federal Republic of Brazil

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

With this in mind, in August 2023 the ACA also published the report „Violence and Victim Protection for Women“, which highlights the potential for effective protection of women affected by violence. The ACA 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). An important civil society initiative in this area is the Neighbourhoods Without Partner Violence Initiative („StoP Partner Violence“) with the participation of the umbrella organisation Autonomous Austrian Women’s Shelters (for the initiative, see https://stop-partnergewalt.at/). The Austrian women’s organisations point out that violence against women, including femicide and domestic violence, is still reaching alarming proportions. In this critical situation, political, legal and financial measures that go beyond current measures are needed to effectively combat violence against women. The 2021 violence protection package aims to protect women at risk and improve the financial framework. Among other things, preventative measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). Nevertheless, the financial resources still appear insufficient. There is also a lack of support for single parents and further training for professional groups who work with affected women and children. In this context, the Austrian Ministry of Social Affairs‘ „PERSPECTIVE WORK“ project, which deals with gender equality and the prevention of violence against women in the workplace, is of interest (see the Ministry of Social Affairs‘ website: https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Geschlechtergleichstellung/PERSPEKTIVE-ARBEIT.html). Austria therefore lacks a comprehensive, long-term strategy to protect women from violence, although responsibility is shared between the federal and state governments. The provinces fund women’s shelters and counselling centres in particular, while the Ministry of the Interior, the Ministry of Justice and the Federal Chancellery are active at federal level. The Austrian women’s organisations point out that violence against women, including femicide and domestic violence, is still reaching alarming proportions. In this critical situation, political, legal and financial measures that go beyond the current measures are required to effectively combat violence against women.   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: In progress

Strengthen measures to raise public awareness with a special focus on combating hate speech, racism, discrimination, xenophobia and islamophobia

Proponent:

Algeria


People's Democratic Republic of Algeria

Algeria


People's Democratic Republic of Algeria

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

A large number of measures have been taken since 2021 to combat all forms of anti-Semitism. A central coordination centre for anti-Semitism has been set up at the Federal Chancellery.   These measures to combat antisemitism are to be welcomed in principle. It is also positive to note that both their development and implementation were driven forward with the involvement of various civil society organisations. It should be criticised that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with a history of migration from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board.   However, no clear responsibility for combating anti-Black racism, anti-Muslim racism and racism in general has been defined at federal level. There are also hardly any measures in place. There are no targeted awareness-raising measures focussing on combating discrimination against people with disabilities and limited abilities and addressing self-empowerment and human rights. In the area of art, culture, diversity and sport, the Competence Centre for Diversity, Antiracism and Anti-Discrimination (KDA) was set up by the federal government in 2022 to combat structural racism. One measure is the anti-racism strategy, which was published in March 2024. This strategy comprises 23 measures in the areas of sport, art, culture and public service. It was developed in cooperation with civil society and affected communities and focuses on diversity management, strengthening diversity competence and racism-critical communication (see Antiracism Strategy 2024: https://www.bmkoes.gv.at/dam/jcr:ec8e92ef-f349-44d1-8700-94b5f5293030/ars.pdf). There are no clear responsibilities at federal level in Austria to combat anti-Black racism, anti-Muslim racism and racism in general, and hardly any effective measures have been taken. There is also a lack of targeted awareness-raising programmes that address discrimination against people with disabilities and limited abilities and address aspects of self-empowerment and human rights. The need to implement structural changes and preventive measures to effectively counteract discrimination is emphasised by various organisations and initiatives. It should be critically noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with a history of migration from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. The Documentation and Advice Centre on Islamophobia and Anti-Muslim Racism (Dokustelle) plays a central role in this. This centre was founded in 2014 and systematically collects data on Islamophobic incidents, offers advice in several languages and carries out awareness-raising and educational measures (see the 2022 report of the Documentation Centre on Anti-Muslim Racism and Islamophobia: https://dokustelle.at/fileadmin/Dokuments/Reports/Report_2022/Dokustelle-Report-2022.pdf). The European Union Agency for Fundamental Rights (FRAU) has updated its database on Islamophobia, which provides comprehensive information on hate crimes and hate speech against Muslims. In Austria, the database shows that Muslims continue to be the target of hate crimes and discrimination. The FRA reports a large number of incidents ranging from verbal abuse to physical violence. These incidents are also reflected in the Austrian statistics, which show an increasing number of reports and documented cases of Islamophobia (see Austrian database: https://fra.europa.eu/en/databases/anti-muslim-hatred/case-law?country%5B%5D=AT). 

Progress: No progress

Continue to respect economic, social and cultural rights including social protection without discrimination

Proponent:

Slovakia


Slovak Republic

Slovakia


Slovak Republic

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

The status of economic, social and cultural human rights remains precarious. Fundamental social rights in particular are not enshrined in the constitution. The lack of implementation in this area was also criticised by the Austrian League of Human Rights in the Human Rights Report 2022. The International Covenant on Economic, Social and Cultural Rights (BGBl. No. 590/1978) is also not enshrined in constitutional law. It is subject to fulfilment within the meaning of Article 50 para. 2 of the Federal Constitution, meaning that a supreme court review of relevant laws and measures on the basis of this instrument is not possible. Austria has also not ratified the Optional Protocol on the individual complaints procedure.   The implementation of the Convention on the Rights of the Child through the Federal Constitutional Act on the Rights of Children (BGBl. I No. 4/2011) also largely omitted the economic, social and cultural rights of children. On the contrary, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees in recent years. Social protection and social participation are thus being withheld from immigrants in a discriminatory manner. This matter is partly a matter for the federal states, meaning that there are major differences across Austria.   There is a lack of harmonisation in line with human rights. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was also repealed by the Constitutional Court in March 2023 in key points (including qualified knowledge of German as a prerequisite for receiving social assistance) due to a violation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) (see the Constitutional Court’s website: https://www.vfgh.gv.at/medien/Sozialhilfe.php).  However, numerous other regulations at federal and provincial level contain explicit disadvantages for asylum seekers and persons entitled to asylum, persons entitled to subsidiary protection, as well as non-EU citizens (third-country nationals), some of whom have been living legally in Austria for a long time. This also applies, for example, to the Upper Austrian Housing Subsidies Act, which contains special obstacles to accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test (Upper Austrian Housing Subsidies Act: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LROO&Gesetzesnummer=10000366). 

Progress: No progress

Strengthen policies and measures in the field of education, including by considering ratifying the UNESCO Convention against Discrimination in Education

Proponent:

Brazil


Federal Republic of Brazil

Brazil


Federal Republic of Brazil

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

This recommendation was only taken note of 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.   Regarding the ratification of the UNESCO Convention against Discrimination in Education (see Convention against Discrimination in Education: https://www.parlament.gv.at/dokument/XXIV/I/1061/imfname_204582.pdf), there is no new information. Austria is still not a state party to the UNESCO Convention against Discrimination in Education. 

Progress: No progress

Ratify the Protocol 12 to the European Convention on Human Rights, in order to ensure the effective prohibition of discrimination

Proponent:

Spain


Kingdom of Spain

Spain


Kingdom of Spain

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

On 4 November 2000, Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms was adopted and entered into force on 1 April 2005. The Protocol establishes a comprehensive prohibition of discrimination, ensuring that everyone has the right to the full enjoyment of all rights set out in law without discrimination on the basis of sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.   The ratification of Protocol No. 12 by Austria would mean that the country undertakes to enforce and promote the prohibition of discrimination in all areas of public life. Austria would thus take an important step towards strengthening human rights and equal treatment in society (see Protocol No. 12: https://www.menschenrechtskonvention.eu/protokoll-nr-12-emrk-9277/). 

Progress: No progress

Continue its efforts in improving its legal and institutional frameworks for protection against discrimination, and to establish a systematic data collection mechanism to record incidents of racism, racial discrimination, xenophobia and related intolerance to ensure that all incidents are investigated, prosecuted and that the perpetrators were punished

Proponent:

Palestine


State of Palestine

Palestine


State of Palestine

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

Around 30,000 police officers throughout Austria were prepared for this task by completing e-learning seminars and receiving training as multipliers. The police now work on the basis of a victim-centred approach, actively listening to the victims and investigating consistently to ensure appropriate prosecution. These measures are designed to help tackle bias crime and improve safety for all citizens. With the systematic recording of hate crimes motivated by prejudice and the publication of statistics on hate crimes recorded by the police, a first important step has been taken to make hate crimes visible. It is important to observe the extent to which the views of the police and victim protection organisations or community organisations agree on whether an incident should be classified as a hate crime or not. These observations are an important basis for the reliability of the statistics now collected on hate crimes (Report of the Federal Ministry of the Interior on „Hate Crime“ in Austria 2021: https://www.bmi.gv.at/408/Projekt/files/218_2021_Hate_Crime_Bericht_2021_GESAMT_V20220510_barrierefrei.pdf).
In addition, relevant amendments to criminal legislation have been introduced to improve the handling of hate crimes. The amendments to the Criminal Code (StGB) and the Code of Criminal Procedure (StPO) contain new regulations to combat hate crime more effectively and to strengthen the rights of victims. It is important to regularly review and adapt these legal changes in order to meet current challenges. 
Austria has not yet implemented some of the recommendations of the European Commission against Racism and Intolerance (ECRI) from the 2015 report „General Policy Recommendations No. 15 on Combating Hate Speech“. These include, in particular, the pending ratification of the „Additional Protocol to the Convention on Cybercrime“ and „Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms“.
ECRI also emphasises that politicians should take a clear stance against racist hate speech and that political parties should introduce codes of conduct that prohibit the use of hate speech. These recommendations have not yet been heeded.  
Austria has still not implemented standardised and comprehensive legal protection against discrimination. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination with large gaps in protection outside the world of work. When it comes to access to goods and services, 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 or sexual orientation, and therefore not in the case of multiple discrimination. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education and there is no comprehensive protection against discrimination in a number of areas of social protection. There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, expression or characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult. Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.    The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme 2025-2029 as a PDF on the website of the Federal Chancellery: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html available).  

Progress: No progress

Strengthen efforts to improve protection against discrimination on all prohibited grounds particularly by harmonizing national legislation

Proponent:

Sudan


Republic of Sudan

Sudan


Republic of Sudan

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.   It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. Austria has still not implemented standardised and comprehensive legal protection against discrimination. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination with large gaps in protection outside the world of work. When it comes to access to goods and services, 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 or sexual orientation, and therefore not in the case of multiple discrimination. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education and there is no comprehensive protection against discrimination in a number of areas of social protection. There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, expression or characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult. Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.    The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme 2025-2029 as a PDF on the website of the Federal Chancellery: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html available).  

Progress: No progress

Strengthen efforts to improve protection against discrimination on all prohibited grounds particularly by harmonizing national legislation

Proponent:

Sweden


Kingdom of Sweden

Sweden


Kingdom of Sweden

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

Austria has still not implemented standardised and comprehensive legal protection against discrimination. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination with large gaps in protection outside the world of work. When it comes to access to goods and services, 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 or sexual orientation, and therefore not in the case of multiple discrimination. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education and there is no comprehensive protection against discrimination in a number of areas of social protection. There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, expression or characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult. Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.    The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme 2025-2029 as a PDF on the website of the Federal Chancellery: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html available).  

Progress: No progress

Consider amending the Equal Treatment Act and other acts addressing discrimination with a view to ensuring substantive and procedural protection against discrimination with regard to all prohibited grounds of discrimination

Proponent:

Bulgaria


Republic of Bulgaria

Bulgaria


Republic of Bulgaria

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). 

Progress: No progress

Take effective legislative and administrative measures to combat discrimination against Muslims, Roma and other minority groups

Proponent:

China


People's Republic of China

China


People's Republic of China

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). 
Anti-Muslim racism is a worrying and growing phenomenon in Austria. According to the Anti-Muslim Racism Report 2023 by the Documentation Centre Austria, a total of 1522 cases were reported, a record high since the beginning of the survey. Two thirds of these incidents took place online, while the rest occurred in the real world, including discrimination in public spaces, such as verbal insults and physical assaults. Women, especially those wearing headscarves, are particularly affected.
In the education sector, incidents such as insulting comments from classmates or threats from school administrators towards praying Muslim pupils have been documented. The spread of hate online is particularly problematic, accounting for almost 90 per cent of reported online incidents. Experts warn that these incidents are deepening social divisions and threatening social cohesion (see documentary Report 2023: https://dokustelle.at/reports/dokustelle-report-2023). In an open letter to the Austrian federal government, civil society calls for the introduction of the criminal offence of „political Islam“ to be dropped. The reason for this is the lack of scientific uniformity in the definition of this term, which could allow it to be used indiscriminately. The concern is that this could lead to generalised suspicions and executive measures against Muslims. The organisation also appeals for protection against discrimination and the preservation of religious freedom by ensuring that state authorities allow all communities to practise their religion freely and equally. It also emphasises that deradicalisation and counter-terrorism strategies must respect the rights of Muslim women to protection from discrimination and freedom of expression. Finally, it calls for religious practices and clothing not to be used as indicators of radicalisation and for surveillance not to be carried out on the basis of membership of Islam or Muslim organisations in order to avoid blanket criminalisation.    In 2023, the Documentation Centre Austria documented a total of 1522 racist attacks against Muslim
and persons perceived as Muslim. This figure is made up of cases that were reported offline and cases that were recorded as part of intensified online monitoring. However, the organisation emphasises that the actual number of attacks is likely to be higher;
In Austria, Roma and Sinti:cze continue to be severely affected by discrimination, particularly in areas such as education, work, health and housing. The national strategy for the inclusion of Roma was updated in 2021, but a study continues to reveal prejudice and structural disadvantages. One problem is „underreporting“, as many of those affected do not report discrimination out of fear or bad experiences. The Ombud for Equal Treatment is trying to combat this by providing legal advice and networking with civil society organisations (see study on the evaluation of the national strategy for the inclusion of Roma in Austria (Sensiro)): https://sensiroprojekt.univie.ac.at/wp-content/uploads/2022/10/SENSIRO_Endbericht.pdf).  

Progress: No progress

Continue to harmonise the national legislation against discrimination in order to ensure protection from all forms of discrimination, including on the basis of age, religion and belief, as well as sexual orientation and gender identity

Proponent:

Croatia


Republic of Croatia

Croatia


Republic of Croatia

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

It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination. When it comes to access to goods and services, 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 or sexual orientation. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection.    There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, gender expression or gender characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult.
Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.
The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.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).
There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination.    There have recently been selective amendments to the law against age discrimination, for example in the area of lending. However, there is still no comprehensive ban on discrimination in access to goods and services on the basis of age, religion and belief and sexual orientation (protection exists in federal law, which in the majority of cases only applies on the basis of disability, ethnicity and gender. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection. The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).   In summary, civil society appeals to the federal government to pursue a policy that focuses on the promotion rather than the restriction of fundamental and human rights. The involvement of civil society expertise is considered essential (see Open Letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.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).In July 2021, the „anti-terror package“ was passed in Austria, but this raised concerns from civil society organisations and UN experts. In particular, it was feared that the paragraph on „religiously motivated extremist connections“ could stigmatise Muslims (see Terrorism Prevention Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   Despite concerns, law enforcement agencies used facial recognition technologies without a clear legal basis, resulting in potential discrimination against gender and ethnic minorities and interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and effective mechanisms to investigate these practices were lacking (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). The Framework Convention for the Protection of National Minorities entered into force in Austria on 1 July 1998 in order to protect and promote the rights of national minorities. The current report of the Secretariat of the Framework Convention emphasises that Austria is continuing its efforts to safeguard the rights of national minorities. Despite a significant increase in funding for national minorities to almost 8 million euros in 2021 and the adoption of new laws to combat hate speech and violent hate crimes, challenges remain, particularly in minority language education and in the area of mutual respect and intercultural dialogue.   In contrast, there is no clear responsibility at federal level to combat anti-black racism, anti-Muslim racism and racism in general. Little action has been taken, particularly with regard to awareness-raising measures against discrimination against people with disabilities and limited abilities, as well as promoting self-empowerment and human rights. 

Progress: No progress

Harmonize at all levels anti-discrimination legislation to protect all persons regardless of age, religion or belief, sexual orientation and gender identity

Proponent:

Denmark


Kingdom of Denmark

Denmark


Kingdom of Denmark

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

It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination. When it comes to access to goods and services, 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 or sexual orientation. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection.    There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, gender expression or gender characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult.
Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.
The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.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).
There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination.    There have recently been selective amendments to the law against age discrimination, for example in the area of lending. However, there is still no comprehensive ban on discrimination in access to goods and services on the basis of age, religion and belief and sexual orientation (protection exists in federal law, which in the majority of cases only applies on the basis of disability, ethnicity and gender. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection. The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).   In summary, civil society appeals to the federal government to pursue a policy that focuses on the promotion rather than the restriction of fundamental and human rights. The involvement of civil society expertise is considered essential (see Open Letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.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).In July 2021, the „anti-terror package“ was passed in Austria, but this raised concerns from civil society organisations and UN experts. In particular, it was feared that the paragraph on „religiously motivated extremist connections“ could stigmatise Muslims (see Terrorism Prevention Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   Despite concerns, law enforcement agencies used facial recognition technologies without a clear legal basis, resulting in potential discrimination against gender and ethnic minorities and interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and effective mechanisms to investigate these practices were lacking (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). The Framework Convention for the Protection of National Minorities entered into force in Austria on 1 July 1998 in order to protect and promote the rights of national minorities. The current report of the Secretariat of the Framework Convention emphasises that Austria is continuing its efforts to safeguard the rights of national minorities. Despite a significant increase in funding for national minorities to almost 8 million euros in 2021 and the adoption of new laws to combat hate speech and violent hate crimes, challenges remain, particularly in minority language education and in the area of mutual respect and intercultural dialogue.   In contrast, there is no clear responsibility at federal level to combat anti-black racism, anti-Muslim racism and racism in general. Little action has been taken, particularly with regard to awareness-raising measures against discrimination against people with disabilities and limited abilities, as well as promoting self-empowerment and human rights. 

Progress: No progress

Adopt legislative measures to eradicate all forms of discrimination and to prohibit racial and ethnic profiling by the police

Proponent:

Ecuador


Republic of Ecuador

Ecuador


Republic of Ecuador

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

In Austria, there are reports of racist police checks in which people are discriminated against on the basis of their ethnic origin or skin colour. According to the Amnesty Annual Report 2022, such practices have been documented time and again in police work, which places a particular burden on the communities affected. The Styrian Anti-Discrimination Agency confirms that racial profiling violates the ban on discrimination and must be urgently reformed in order to protect the rights of all citizens (Amnesty International Annual Report: https://www.amnesty.de/informieren/amnesty-report/oesterreich-2022). In Austria, there is still a need to strengthen measures to combat racial discrimination and racial profiling. This requires not only a clear condemnation of such practices, but also the implementation of accountability measures for those who commit, aid and abet or cover up racial discrimination. Promoting transparency, education and training for law enforcement agencies and strengthening the rights of victims are crucial steps to combat racial discrimination and racial profiling. Measures should be taken to hold people who practise racial discrimination and racial profiling accountable (Racism Report 2022 by ZARA- Civil Courage and Anti-Racism Work as PDF: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.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:

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). 

Progress: No progress

Develop transparent nationwide and inclusive anti-discrimination legislations and administrative measures to protect the rights of all communities in Austria including in particular Muslims who are being increasingly discriminated and targeted by Islamophobia

Proponent:

Iran


Islamic Republic of Iran

Iran


Islamic Republic of Iran

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

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). 
Anti-Muslim racism is a worrying and growing phenomenon in Austria. According to the Anti-Muslim Racism Report 2023 by the Documentation Centre Austria, a total of 1522 cases were reported, a record high since the beginning of the survey. Two thirds of these incidents took place online, while the rest occurred in the real world, including discrimination in public spaces, such as verbal insults and physical assaults. Women, especially those wearing headscarves, are particularly affected.
In the education sector, incidents such as insulting comments from classmates or threats from school administrators towards praying Muslim pupils have been documented. The spread of hate online is particularly problematic, accounting for almost 90 per cent of reported online incidents. Experts warn that these incidents are deepening social divisions and threatening social cohesion (see documentary Report 2023: https://dokustelle.at/reports/dokustelle-report-2023). In an open letter to the Austrian federal government, civil society calls for the introduction of the criminal offence of „political Islam“ to be dropped. The reason for this is the lack of scientific uniformity in the definition of this term, which could allow it to be used indiscriminately. The concern is that this could lead to generalised suspicions and executive measures against Muslims. The organisation also appeals for protection against discrimination and the preservation of religious freedom by ensuring that state authorities allow all communities to practise their religion freely and equally. It also emphasises that deradicalisation and counter-terrorism strategies must respect the rights of Muslim women to protection from discrimination and freedom of expression. Finally, it calls for religious practices and clothing not to be used as indicators of radicalisation and for surveillance not to be carried out on the basis of membership of Islam or Muslim organisations in order to avoid blanket criminalisation.    In 2023, the Documentation Centre Austria documented a total of 1522 racist attacks against Muslim
and persons perceived as Muslim. This figure is made up of cases that were reported offline and cases that were recorded as part of intensified online monitoring. However, the organisation emphasises that the actual number of attacks is likely to be higher;
While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.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

Consolidate and strengthen existing anti-discrimination legislation to provide comprehensive equal protection, particularly in access to goods and services, on all prohibited grounds of discrimination

Proponent:

Ireland


Ireland

Ireland


Ireland

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

Austria has still not implemented standardised and comprehensive legal protection against discrimination. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination with large gaps in protection outside the world of work. When it comes to access to goods and services, 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 or sexual orientation, and therefore not in the case of multiple discrimination. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education and there is no comprehensive protection against discrimination in a number of areas of social protection. There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, expression or characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult. Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.    The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme 2025-2029 as a PDF on the website of the Federal Chancellery: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html available).  

Progress: No progress

Continue the ongoing efforts to prevent and fight discrimination on any ground, including by harmonizing and extending the scope of anti-discrimination laws

Proponent:

Italy


Italian Republic

Italy


Italian Republic

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

It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. 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). 

Progress: No progress

Continue consolidating the normative framework to effectively combat all forms of discrimination

Proponent:

Montenegro


Montenegro

Montenegro


Montenegro

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). 

Progress: No progress

Ensure equal protection from all forms of discrimination, including by harmonizing and strengthening the scope of anti-discrimination laws in particular with respect to religion and belief and sexual orientation and gender identity

Proponent:

Netherlands


Kingdom of the Netherlands

Netherlands


Kingdom of the Netherlands

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

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). 
There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination. When it comes to access to goods and services, 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 or sexual orientation. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection.    There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, gender expression or gender characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult.
Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.
The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.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).
While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.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).In July 2021, the „anti-terror package“ was passed in Austria, but this raised concerns from civil society organisations and UN experts. In particular, it was feared that the paragraph on „religiously motivated extremist connections“ could stigmatise Muslims (see Terrorism Prevention Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   Despite concerns, law enforcement agencies used facial recognition technologies without a clear legal basis, resulting in potential discrimination against gender and ethnic minorities and interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and effective mechanisms to investigate these practices were lacking (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). The Framework Convention for the Protection of National Minorities entered into force in Austria on 1 July 1998 in order to protect and promote the rights of national minorities. The current report of the Secretariat of the Framework Convention emphasises that Austria is continuing its efforts to safeguard the rights of national minorities. Despite a significant increase in funding for national minorities to almost 8 million euros in 2021 and the adoption of new laws to combat hate speech and violent hate crimes, challenges remain, particularly in minority language education and in the area of mutual respect and intercultural dialogue.   In contrast, there is no clear responsibility at federal level to combat anti-black racism, anti-Muslim racism and racism in general. Little action has been taken, particularly with regard to awareness-raising measures against discrimination against people with disabilities and limited abilities, as well as promoting self-empowerment and human rights. 

Progress: No progress

Avoid unequal treatment or discrimination of certain groups on ideological or religious grounds and ensure the constitutionality of laws

Proponent:

Turkey


Republic of Turkey

Turkey


Republic of Turkey

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

A large number of measures have been taken since 2021 to combat all forms of antisemitism. A central coordination centre for the topic of anti-Semitism has been set up at the Federal Chancellery and a national strategy against anti-Semitism has been published (see https://www.bundeskanzleramt.gv.at/dam/jcr:8bd2975f-0483-4e74-abd9-d66446195d7c/antisemitismusstrategie.pdf). Even though the position has now been downgraded to a department in the Policy Section, it still exists in principle.   Two implementation reports are available (for 2021 and 2022). For the education sector, a strategy paper on the „Prevention of antisemitism through education“ was developed in 2022, which contains recommendations for the implementation of the National Strategy against Antisemitism for the Austrian education administration and teacher training institutions (see: https://oead.at/fileadmin/Dokumente/oead.at/KIM/Downloadcenter/OeAD_E.AT_Strategiepapier_FIN_01.pdf). These recommendations were discussed at the symposium on „Preventing antisemitism through education“ in September 2022. In 2022, the National Forum against Antisemitism was also established to pool knowledge, combat antisemitism and promote Jewish life in Austria. The body is made up of representatives from the federal government, the provinces, municipalities, social partners, academia, religious communities, Jewish museums and civil society. A working group on the documentation of anti-Semitic incidents was also established with the aim of learning from the experiences of other organisations that already document racist, anti-Semitic, etc. incidents. The aim is to learn from the experiences of other organisations already documenting racist, anti-Semitic incidents in order to set up an anti-Semitism documentation centre that meets current requirements.   Parliament also commissioned a study on anti-Semitism in Austria, which was presented in April 2023 (see https://www.parlament.gv.at/dokument/fachinfos/publikationen/Langbericht-Antisemitismus-2022-Oesterreichweite-Ergebnisse.pdf). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements of people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html). Regarding hate speech on the internet, the Hate on the Net Act was introduced to help victims of online hate, including group-focused misanthropy (HiNBG see: https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2020_I_148/BGBLA_2020_I_148.html). 

Progress: No progress

Guarantee the recognition, protection and defense of minorities’ rights in the country, as well as adopt legislation against discrimination on the basis of religion, age, disability, sexual orientation and gender identity

Proponent:

Costa Rica


Republic of Costa Rica

Costa Rica


Republic of Costa Rica

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

There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination. When it comes to access to goods and services, 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 or sexual orientation. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection.    There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, gender expression or gender characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult.
Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.
The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.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).
There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination.    There have recently been selective amendments to the law against age discrimination, for example in the area of lending. However, there is still no comprehensive ban on discrimination in access to goods and services on the basis of age, religion and belief and sexual orientation (protection exists in federal law, which in the majority of cases only applies on the basis of disability, ethnicity and gender. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection. The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).   In summary, civil society appeals to the federal government to pursue a policy that focuses on the promotion rather than the restriction of fundamental and human rights. The involvement of civil society expertise is considered essential (see Open Letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.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).In July 2021, the „anti-terror package“ was passed in Austria, but this raised concerns from civil society organisations and UN experts. In particular, it was feared that the paragraph on „religiously motivated extremist connections“ could stigmatise Muslims (see Terrorism Prevention Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   Despite concerns, law enforcement agencies used facial recognition technologies without a clear legal basis, resulting in potential discrimination against gender and ethnic minorities and interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and effective mechanisms to investigate these practices were lacking (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). The Framework Convention for the Protection of National Minorities entered into force in Austria on 1 July 1998 in order to protect and promote the rights of national minorities. The current report of the Secretariat of the Framework Convention emphasises that Austria is continuing its efforts to safeguard the rights of national minorities. Despite a significant increase in funding for national minorities to almost 8 million euros in 2021 and the adoption of new laws to combat hate speech and violent hate crimes, challenges remain, particularly in minority language education and in the area of mutual respect and intercultural dialogue.   In contrast, there is no clear responsibility at federal level to combat anti-black racism, anti-Muslim racism and racism in general. Little action has been taken, particularly with regard to awareness-raising measures against discrimination against people with disabilities and limited abilities, as well as promoting self-empowerment and human rights. {Minderhieten-Diskriminierung}

Progress: No progress

Accept a comprehensive strategy to eliminate all kinds of discrimination on the basis of religion and belief, age, sexual orientation and gender identity

Proponent:

North Korea


Democratic People's Republic of Korea

North Korea


Democratic People's Republic of Korea

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

There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination. When it comes to access to goods and services, 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 or sexual orientation. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection.    There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, gender expression or gender characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult.
Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.
The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.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).
There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination.    There have recently been selective amendments to the law against age discrimination, for example in the area of lending. However, there is still no comprehensive ban on discrimination in access to goods and services on the basis of age, religion and belief and sexual orientation (protection exists in federal law, which in the majority of cases only applies on the basis of disability, ethnicity and gender. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection. The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).   In summary, civil society appeals to the federal government to pursue a policy that focuses on the promotion rather than the restriction of fundamental and human rights. The involvement of civil society expertise is considered essential (see Open Letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.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).In July 2021, the „anti-terror package“ was passed in Austria, but this raised concerns from civil society organisations and UN experts. In particular, it was feared that the paragraph on „religiously motivated extremist connections“ could stigmatise Muslims (see Terrorism Prevention Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   Despite concerns, law enforcement agencies used facial recognition technologies without a clear legal basis, resulting in potential discrimination against gender and ethnic minorities and interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and effective mechanisms to investigate these practices were lacking (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). The Framework Convention for the Protection of National Minorities entered into force in Austria on 1 July 1998 in order to protect and promote the rights of national minorities. The current report of the Secretariat of the Framework Convention emphasises that Austria is continuing its efforts to safeguard the rights of national minorities. Despite a significant increase in funding for national minorities to almost 8 million euros in 2021 and the adoption of new laws to combat hate speech and violent hate crimes, challenges remain, particularly in minority language education and in the area of mutual respect and intercultural dialogue.   In contrast, there is no clear responsibility at federal level to combat anti-black racism, anti-Muslim racism and racism in general. Little action has been taken, particularly with regard to awareness-raising measures against discrimination against people with disabilities and limited abilities, as well as promoting self-empowerment and human rights. 

Progress: No progress

Levelling-Up: Comprehensive protection against discrimination in all areas of life

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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). 

Progress: No progress

Ensure that the NAP on anti-discrimination covers the fight against all forms of racism (e.g. anti-Muslim racism, anti-Semitism, anti-gypsyism, etc.) and includes realistic and measurable indicators

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.  

Progress: No progress

Introduce uniform protection against discrimination throughout Austria: Amend the Equal Treatment Act15 and other anti-discrimination laws to ensure material and procedural protection against discrimination on all prohibited grounds

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

The problems in the school environment were particularly emphasised, where preventative work against racism is urgently needed. Several measures are proposed to prevent discrimination in Austria, based on the current findings of the ZARA Racism Report 2023. These include educational initiatives to promote awareness and sensitivity to discrimination, as well as the strengthening and consistent implementation of anti-discrimination laws. Public campaigns should support tolerance and diversity, while counselling centres and support services help those affected. These approaches aim to create a more inclusive and non-discriminatory society. Further details can be found in the full report (see Zara Report 2023: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf ). The ZARA Racism Report 2023 emphasises the need for strict measures to prevent discrimination in Austria. This includes the consistent application and enforcement of anti-discrimination laws to ensure that offences are effectively punished. In addition, specialised counselling centres and support services should be easily accessible for those affected. Law enforcement agencies must be sensitised and trained to recognise and combat discrimination in order to ensure an appropriate response to racist incidents. These measures help to promote a discrimination-free society. Organisations such as SOS Mitmensch and the Ombud for Equal Treatment are also calling for improved legislation and stronger prosecution to prevent discrimination. They emphasise the importance of monitoring and reporting in order to measure progress and identify gaps. 

Progress: No progress

Support nationwide ban against sexist and discriminatory advertising

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

In Austria, there is as yet no nationwide legal regulation against sexist and discriminatory advertising, although the issue keeps cropping up in political and social debate. There are currently various initiatives to take action against sexist advertising, but they either rely on the advertising industry’s self-regulatory mechanism or concern individual federal states. The Austrian Equal Treatment Act and the Press Council’s Code of Honour prohibit discrimination, but these regulations are often ineffective against sexist advertising in public spaces. A prominent example of such an initiative is the Women’s People’s Petition, which calls for a general ban on sexist advertising content in order to protect the mental health and well-being of the population. In some cities, such as Berlin or London, there are already specific regulations that restrict such advertising, which is being discussed as a model for Austria (Anti-Discrimination Agency STMK, federal law banning sexist advertising: https://www.antidiskriminierungsstelle.steiermark.at/cms/beitrag/11865759/99340954). There is currently no binding nationwide legal regulation in sight, even though there are repeated demands and concepts that provide for stronger legal control;

Progress: No progress

Implement a consistent application of the „special reasons for aggravation“ according to § 33 StGB (Austrian Criminal Code) in proceedings concerning crimes with discriminatory or racist motives

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

In Austria, the Criminal Code (§ 33 StGB) provides for a number of „special aggravating circumstances“ that increase the penalty for certain offences. A central point concerns the offender’s motive. In particular, racist or xenophobic motives are categorised as particularly reprehensible and are considered an aggravating factor in sentencing. This provision aims to punish offences based on discrimination, hatred or intolerance more severely. Specifically, this means that if someone commits an offence for racist, xenophobic or similar extreme motives, this must lead to a more severe sentence. § Section 33 StGB explicitly mentions this as one of the aggravating circumstances. In addition, other factors such as cruelty, malice or taking advantage of a victim’s defencelessness are also recognised as aggravating circumstances (StGB §33: StGB §33). This provision ensures that offences motivated by discriminatory ideologies are given special consideration and sentenced in order to demonstrate a clear stance against racist and extremist acts and to counteract such acts;

Progress: No progress

Ensure traceable documentation and recording of the development crimes with discriminatory or racist motives

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

Austria has not yet implemented some of the recommendations of the European Commission against Racism and Intolerance (ECRI) from the 2015 report „General Policy Recommendations No. 15 on Combating Hate Speech“. These include, in particular, the pending ratification of the „Additional Protocol to the Convention on Cybercrime“ and „Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms“.
ECRI also emphasises that politicians should take a clear stance against racist hate speech and that political parties should introduce codes of conduct that prohibit the use of hate speech. These recommendations have not yet been heeded.  

Progress: No progress

Promote non-discriminatory access to non-profit housing through anti-discrimination work

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Abolish discriminatory regulations in the Non-Profit Housing Act (WGG)

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.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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