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 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: 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 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).  

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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