Universal Periodic Review

This UPR tool reflects the global recommendations made to Austria by all countries world-wide during the Universial Priodic Review process (UPR) at the UN Human Rights Council and their current status of implementation. The League coordinates a significant part of Austrian civil society in the UPR process. 

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

 

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


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Progress: No progress

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

Proponent:

Netherlands


Kingdom of the Netherlands

Netherlands


Kingdom of the Netherlands

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

With the National Action Plan for the Protection of Women against Violence 2014-2016, measures were taken throughout Austria to implement the requirements of the Istanbul Convention against Violence against Women (see National Action Plan 2014-2016 as PDF: https://www.bundeskanzleramt.gv.at/dam/jcr:1f95e551-0e17-4d67-8090-b7bced3f4947/nap.pdf). However, the National Action Plan has now expired without replacement. Despite the fact that Austria has ratified the Convention, there is a lack of implementation and improvement of further measures, including due diligence in victim protection and, in particular, improved cooperation with civil society.   In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA also highlights shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf). A National Action Plan for the Protection of Women against Violence 2014-2016 with 60 measures has been drawn up, but no further action plan is planned (National Action Plan for the Protection of Women against Violence 2014-2016 on the website of the National Coordination Centre for the Protection of Women against Violence: https://www.coordination-vaw.gv.at/koordinierung/nap.html).  As part of the Government Plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

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

Proponent:

Somalia


Federal Republic of Somalia

Somalia


Federal Republic of Somalia

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

Gender stereotypes and role expectations contribute to inequality, make it difficult for women to advance in their careers and reduce their opportunities. To tackle the gender pay gap in the EU, the Council of the European Union adopted new rules on 24 April 2023 to combat pay discrimination and reduce the gender pay gap. According to the Pay Transparency Directive, companies in the EU should in future exchange information on how much they pay women and men for work of equal value and take action if their gender pay gap exceeds 5 per cent. EU member states now have up to 3 years to transpose the directive into national law. This will include more comprehensive disclosure of starting salaries and pay levels, increased reporting obligations for companies and improved access to legal measures for employees (more information on this: here). In Austria, corresponding legislation has not yet been passed. The employment rate for women is also still lower than for men (in 2022 70% compared to 78%, Statistics Austria: https://www.statistik.at/statistiken/arbeitsmarkt/erwerbstaetigkeit/erwerbstaetige-merkmale).  With regard to women with disabilities, it should be noted that they are not a specific target group of the Austrian labour market service. The status of ministerial work is still the 2017 inclusion package (see information on the website of the Ministry of Social Affairs: https://www.sozialministerium.at/Themen/Soziales/Menschen-mit-Behinderungen/Berufliche-Teilhabe-von-Menschen-mit-Behinderungen.html). Civil society considers this to be insufficient. No measures have been taken to prevent multiple and/or intersectional discrimination against women and girls with disabilities. There is still a lack of adequate consideration of the gender perspective in disability legislation, the disability perspective in women’s legislation and the related enforcement of laws. The Ombud for Equal Treatment (website:https://www.gleichbehandlungsanwaltschaft.gv.at), a state institution at the Federal Chancellery (BKA), is responsible for all grounds of discrimination except disability. However, women with disabilities must contact the Social Ministry Service (website: https://www.gleichbehandlungsanwaltschaft.gv.at) in the event of multiple discrimination and apply for conciliation. This conciliation procedure is mandatory and must be carried out before a lawsuit is filed with the civil court. The problem is that the Social Ministry Service has no specific expertise in dealing with women with disabilities and is not trained in a gender-equitable approach.  With regard to people of foreign origin, the employment rate is lower than for people born in Austria. Women from certain countries of origin are particularly affected (e.g. Turkey with a female employment rate of only 44%) and foreign origin is still a frequent reason for discrimination in the workplace (see Statistics Austria, „Labour market situation of migrants in Austria 2022“: https://www.statistik.at/fileadmin/publications/Arbeitsmarktsituation-Migrant-innen-2021.pdf). 

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

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

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):

With the National Action Plan for the Protection of Women against Violence 2014-2016, measures were taken throughout Austria to implement the requirements of the Istanbul Convention against Violence against Women (see National Action Plan 2014-2016 as PDF: https://www.bundeskanzleramt.gv.at/dam/jcr:1f95e551-0e17-4d67-8090-b7bced3f4947/nap.pdf). However, the National Action Plan has now expired without replacement. Despite the fact that Austria has ratified the Convention, there is a lack of implementation and improvement of further measures, including due diligence in victim protection and, in particular, improved cooperation with civil society.   In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA also highlights shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf). A National Action Plan for the Protection of Women against Violence 2014-2016 with 60 measures has been drawn up, but no further action plan is planned (National Action Plan for the Protection of Women against Violence 2014-2016 on the website of the National Coordination Centre for the Protection of Women against Violence: https://www.coordination-vaw.gv.at/koordinierung/nap.html).  As part of the Government Plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

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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