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

Investigate reports and identify child victims of sexual exploitation and trafficking, and ensure that perpetrators are brought to justice

Proponent:

Botswana


Republic of Botswana

Botswana


Republic of Botswana

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

Austria has clear provisions against human trafficking in its criminal law, including criminal sanctions of up to ten years for serious cases. Nevertheless, law enforcement should be further strengthened and it should be ensured that perpetrators are effectively prosecuted and convicted, while victim protection and access to legal assistance are improved. With regard to measures to combat human trafficking, including child trafficking, the Federal Government has set extensive goals in the areas of prevention, victim protection, prosecution and monitoring in its National Action Plan 2021-2023.   The sixth National Action Plan for Combating Human Trafficking for the years 2021 to 2023 is available as a PDF on the website of the Federal Ministry for European and International Affairs (see: https://www.bmeia.gv.at/fileadmin/user_upload/Zentrale/Aussenpolitik/Menschenrechte/Beilage_1_VI._Nationaler_Aktionsplan_zur_Bekaempfung_des_Menschenhandels__NAP__2021-2023.pdf). A key challenge remains the identification of trafficked persons in the area of labour exploitation, the guarantee of residence security for these persons and the implementation of measures against child trafficking and sexual exploitation. In addition, the collection of relevant data in these areas poses a further difficulty. Every year on the European Day against Trafficking in Human Beings, the Austrian Task Force against Trafficking in Human Beings/MFAO, in partnership with Liechtenstein, organises a conference on current implementation challenges (further information can be found on the website of the Federal Ministry for European and International Affairs: https://www.bmeia.gv.at/themen/menschenrechte/kampf-gegen-den-menschenhandel/ available). 

Progress: In progress

Take further measures to harmonize protection standards for victims of child trafficking throughout its territory, and refine its data collection to cover all forms of trafficking and sexual exploitation of children

Proponent:

Sri Lanka


Democratic Socialist Republic of Sri Lanka

Sri Lanka


Democratic Socialist Republic of Sri Lanka

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

A working group on child trafficking coordinated by the Federal Criminal Police Office (Family) as part of the interministerial task force against human trafficking presented a concept for an Austria-wide protection centre for trafficked children in 2021, which has not yet been implemented. However, a revision of „guidelines for action“ for those involved in identifying and protecting victims of child trafficking, which is planned by the Child Trafficking Working Group in 2023, depends on this and should enable a more harmonised approach across the country. There are also deficits in the area of legal protection for children, including access to compensation. A key challenge remains the identification of trafficked persons in the area of labour exploitation, the guarantee of residence security for these persons and the implementation of measures against child trafficking and sexual exploitation. In addition, the collection of relevant data in these areas poses a further difficulty. Every year on the European Day against Trafficking in Human Beings, the Austrian Task Force against Trafficking in Human Beings/MFAO, in partnership with Liechtenstein, organises a conference on current implementation challenges (further information can be found on the website of the Federal Ministry for European and International Affairs: https://www.bmeia.gv.at/themen/menschenrechte/kampf-gegen-den-menschenhandel/ available). 

Progress: No progress

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

Proponent:

France


French Republic

France


French Republic

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

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

Progress: 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: In progress

Adopt necessary measures to ensure that victims of violence and sexual abuse have full access to adequate shelters and counselling centres

Proponent:

Belgium


Kingdom of Belgium

Belgium


Kingdom of Belgium

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

Civil society has pointed out that there are still too few women’s shelters and that funding is inadequate, which causes difficulties for victims of violence. Social services often do not take into account gender and multiple discrimination. In 2022, 28 women were killed as a result of gender-based violence and the lack of places in women’s shelters persisted. In September, women’s rights organisations continued to criticise the limited access to safe abortions. There is still a need for action to improve the situation (see Amnesty International Annual Report 2022: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Increased investment and better coordination between the relevant authorities and non-governmental organisations is needed to ensure that everyone has access to protection and support. 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/).  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 are numerous counselling services for women affected by violence in Austria. These include special counselling centres, hotlines and shelters that offer round-the-clock support. Many of these services offer comprehensive counselling on legal, psychological and social issues. Nevertheless, it is important that these services are further expanded and publicised to ensure that all women affected receive the support they need. The central facilities include the women’s helpline, the Austria-wide violence protection centres and the Autonomous Austrian Women’s Shelters (AÖF). The network of these facilities ensures that women in need have access to help around the clock. In addition, specific services are provided for special target groups, such as migrant women, female refugees and asylum seekers. These services are designed to overcome cultural and language barriers and offer customised support to the women concerned.  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

Take further concrete steps to increase accessibility to shelters and support services for the victims of sexual and domestic violence

Proponent:

Croatia


Republic of Croatia

Croatia


Republic of Croatia

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

Civil society has pointed out that there are still too few women’s shelters and that funding is inadequate, which causes difficulties for victims of violence. Social services often do not take into account gender and multiple discrimination. In 2022, 28 women were killed as a result of gender-based violence and the lack of places in women’s shelters persisted. In September, women’s rights organisations continued to criticise the limited access to safe abortions. There is still a need for action to improve the situation (see Amnesty International Annual Report 2022: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Increased investment and better coordination between the relevant authorities and non-governmental organisations is needed to ensure that everyone has access to protection and support. 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/).  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 August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA identifies 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).   The 2021 Violence Protection Package aims to protect women at risk and improve the financial framework. Among other things, preventive measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). 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 needed 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

Ensure that survivors of sexual and domestic violence have unrestricted access to shelters and provide adequate financial and human resources to survivors’ support services, including for effective victim protection

Proponent:

Iceland


Republic of Iceland

Iceland


Republic of Iceland

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

Civil society has pointed out that there are still too few women’s shelters and that funding is inadequate, which causes difficulties for victims of violence. Social services often do not take into account gender and multiple discrimination. In 2022, 28 women were killed as a result of gender-based violence and the lack of places in women’s shelters persisted. In September, women’s rights organisations continued to criticise the limited access to safe abortions. There is still a need for action to improve the situation (see Amnesty International Annual Report 2022: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Increased investment and better coordination between the relevant authorities and non-governmental organisations is needed to ensure that everyone has access to protection and support. 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/).  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 August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA identifies 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).   The 2021 Violence Protection Package aims to protect women at risk and improve the financial framework. Among other things, preventive measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). 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 needed 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

Continue its efforts to eliminate all forms of sexual and gender-based violence, including by adopting comprehensive measures to prevent, combat and punish all forms of gender-based violence against women as well as by reinforcing the protection and assistance provided to victims of such violence, and to provide justice to survivors

Proponent:

Liechtenstein


Principality of Liechtenstein

Liechtenstein


Principality of Liechtenstein

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

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).In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA identifies 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).   The 2021 Violence Protection Package aims to protect women at risk and improve the financial framework. Among other things, preventive measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). 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 needed 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). Austria 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 Court of Audit 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). It appears that the financial resources remain insufficient.  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

Adopt comprehensive measures to prevent, combat and punish all forms of violence against women, strengthen the protection and assistance offered to victims of such violence, and prosecute all crimes aimed at women and girls, including refugee and asylum-seeking women and girls

Proponent:

Luxembourg


Grand Duchy of Luxembourg

Luxembourg


Grand Duchy of Luxembourg

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

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).In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA identifies 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).   The 2021 Violence Protection Package aims to protect women at risk and improve the financial framework. Among other things, preventive measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). 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 needed 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). Austria 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 Court of Audit 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). It appears that the financial resources remain insufficient.  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

Ensure survivors of sexual and domestic violence have unrestricted access to shelters and provide adequate resources to survivors’ support services

Proponent:

Malta


Republic of Malta

Malta


Republic of Malta

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

There are numerous counselling services for women affected by violence in Austria. These include special counselling centres, hotlines and shelters that offer round-the-clock support. Many of these services offer comprehensive counselling on legal, psychological and social issues. Nevertheless, it is important that these services are further expanded and publicised to ensure that all women affected receive the support they need. The central facilities include the women’s helpline, the Austria-wide violence protection centres and the Autonomous Austrian Women’s Shelters (AÖF). The network of these facilities ensures that women in need have access to help around the clock. In addition, specific services are provided for special target groups, such as migrant women, female refugees and asylum seekers. These services are designed to overcome cultural and language barriers and offer customised support to the women concerned.  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 August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA identifies 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).   The 2021 Violence Protection Package aims to protect women at risk and improve the financial framework. Among other things, preventive measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). 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 needed 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: No progress

Amend the legal definition of rape in the criminal code to be based on lack of consent. Additionally, provide support and assistance to victims of rape, including bringing the rate of prosecutions and convictions of rape and sexual violence in conformity with the rise in reporting of such cases

Proponent:

Marshall Islands


Republic of Marshall Islands

Marshall Islands


Republic of Marshall Islands

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

The offence of rape in Austria is defined in Section 201 of the Austrian Criminal Code. This paragraph stipulates that a person who compels another person by force, deprivation of liberty or threat of imminent danger to life or limb to perform or tolerate sexual acts, in particular sexual intercourse or similar sexual acts, is punishable by a prison sentence of two to ten years (see RIS Criminal Code § 201 StGB : https://www.ris.bka.gv.at/eli/bgbl/1974/60/P201/NOR40217855). It should be emphasised that the absence of consent is already a fundamental characteristic of the offence of rape. The wording in the law refers to the victim’s predicament and the violation of her sexual self-determination. The consent of the victim is therefore of crucial importance, and the absence of this consent is already stipulated in the law.   It is crucial to provide rape victims with both criminal justice support and resources to deal with this traumatic situation. This includes the need to revise the offence of rape in the Criminal Code by establishing lack of consent as a fundamental element of the offence. In addition, it is necessary to ensure that as the number of reported cases of rape and sexual violence increases, the proportion of prosecutions and convictions increases appropriately. To ensure that every victim has access to protection and support, increased investment and better coordination between the relevant authorities and non-governmental organisations is required.   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

Use the planned legal instruments appropriately (custody, requirements for antiviolence training, extension of investigation procedures), especially in cases of sexual and domestic violence

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):

Austria 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 Court of Audit 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). It appears that the financial resources remain insufficient.  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

Women have a right to decide about pregnancy, the time-phase solution for the termination of pregnancy must not be restricted

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

Progress: No progress

Extend the curricula on the subjects of consent, respect and forms of violence

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 implementation of the EU Child Guarantee, the Children’s Opportunities programme was initiated in Austria to ensure basic services for children, particularly those in disadvantaged circumstances (early childhood education, health, combating child poverty); however, the necessary action plan, which has been due from the federal government for well over a year, has not yet been presented (see website of the Ministry of Social Affairs: <a
href=https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html)>https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html). In addition, the Integration Department at the Federal Chancellery supports low-threshold language support courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded. In addition, the Ombuds Office for Children and Youths offers an education ombudsman service for kindergartens and schools, which provides support for various school-related problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools. We would also like to draw attention to current statements written by members of the Children’s Rights Network. These relate to various developments, including refugee and asylum coordination, the inclusion of children with disabilities in collaboration with the Austrian Disability Council and protection against violence in collaboration with the Association of Child Protection Centres and „Die Möwe.“ In addition, the Children’s Rights Network submitted a supplementary report to the 5th and 6th Report of the Republic of Austria to the United Nations in accordance with Article 44 (1b) of the Convention on the Rights of the Child.   The following demands are presented in this report on behalf of the Children’s Rights Network: The introduction of compulsory kindergarten years, an expansion of educational opportunities for children under the age of three, targeted support for children with special needs, including affordable language support, the transfer of elementary education to federal competence and improved training for educators and a comprehensive integration of children’s and human rights into early childhood education and appropriate further training for educators (see report: https://www.kinderhabenrechte.at/wp-content/uploads/2022/12/Bericht_DT.pdf).
  As part of the Government Plan 2025-2029, the Federal Government is launching a process to improve child and youth welfare, harmonise standards and provide funding for cross-sectoral projects (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
The international activities of the Federal Ministry of Education, Science and Research (BMBWF) and the organisations charged with this task, erinnern.at and OeAD, all aim to support teachers and learners in the field of human rights education. However, there is no further information on specific projects from Austria. Although the World Programme for Human Rights Education was launched by the United Nations in December 2004, various measures to promote human rights education are being implemented in Austria. Although progress in human rights education is recognisable, it should be noted that there is still a considerable need for action. 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 established at the Federal Chancellery and a national strategy against anti-Semitism has been published (National Strategy of the Republic of Austria to Prevent and
Combating all forms of antisemitism, 2021: 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 drawn up in 2022, which contains recommendations for the implementation of the National Strategy against Antisemitism for the Austrian education administration and teacher training institutions (Strategy paper, 2022: https://www.erinnern.at/themen/artikel/massnahmenpaket-praevention-von-antisemitismus-durch-bildung). These recommendations were discussed in September 2022 at the symposium on „Preventing antisemitism through education“. A working group was established to document antisemitic incidents with the aim of learning from the experiences of other organisations that already document racist, antisemitic, etc. incidents. The aim is to learn from the experiences of other organisations that already document racist, anti-Semitic, etc. 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 (Study, 2023: https://www.parlament.gv.at/dokument/fachinfos/publikationen/Langbericht-Antisemitismus-2022-Oesterreichweite-Ergebnisse.pdf ). 
In its Concluding Observations on Austria in March 2020, the United Nations Committee on the Rights of the Child made more than 60 recommendations to improve the situation of children’s rights, including protection against violence, education, non-discrimination, health and inclusion. The federal government does not have a structured implementation programme (e.g. strategy, action plan) for this; an exchange with relevant stakeholders only takes place within the framework of the Children’s Rights Board set up in the Federal Chancellery/Family, albeit with non-binding results. In implementation of the EU Child Guarantee, the Child Opportunities Programme was initiated in Austria to ensure basic services for children, particularly those in disadvantaged circumstances (early childhood education, health, combating child poverty); however, the necessary action plan, which has been due from the federal government for well over a year, has not yet been presented (see website of the Ministry of Social Affairs: <a
href=https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html>https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Europäische-Garantie-für-Kinder.html).
In addition, the Integration Department at the Federal Chancellery supports low-threshold language courses and learning support for children and young people of school age in order to improve their German skills and educational opportunities. In the years 2021 to 2023, around 7 million euros were made available for these purposes, with projects such as the Caritas learning cafés throughout Austria and the „HIPPY projects“ in various federal states being funded.   The Ombuds Office for Children and Youths offers an education ombudsman service for kindergartens and schools, which provides support for various school-related problems such as derogatory behaviour, discrimination, violence, bullying, unfair grades and the involvement of pupils in decision-making processes and acute crisis situations in kindergartens and schools.   We would also like to draw attention to current statements written by members of the Children’s Rights Network. These relate to various developments, including refugee and asylum coordination, the inclusion of children with disabilities in collaboration with the Austrian Disability Council and protection against violence in collaboration with the Association of Child Protection Centres and „Die Möwe.“ In addition, the Children’s Rights Network submitted a supplementary report to the 5th and 6th Report of the Republic of Austria to the United Nations in accordance with Article 44 (1b) of the Convention on the Rights of the Child.   The following demands are presented in this report on behalf of the Children’s Rights Network: The introduction of compulsory kindergarten years, an expansion of educational opportunities for children under the age of three, targeted support for children with special needs, including affordable language support, the transfer of elementary education to federal competence and improved training for educators and a comprehensive integration of children’s and human rights into early childhood education and appropriate further training for educators (Supplementary Report to the 5th and 6th Report of the Republic of Austria to the United Nations pursuant to Article 44(1)(b) of the Convention on the Rights of the Child: https://www.kinderhabenrechte.at/wp-content/uploads/2022/12/Bericht_DT.pdf).“ 

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