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.
Progress: Success
Ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
Proponent:
French Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
Austria ratified the relevant protocol to the Convention on the Rights of the Child in 2002:
BGBl III Nr 92/2002 or Ratification list of the UN.
Progress: In progress
Continue to improve human rights protection and work closely with its partners
Proponent:
Bosnia and Herzegovina
Remarks to progress by Liga (last modified Dec 31, 2024):
Civil society organisations are still experiencing difficulties in the area of human rights protection in Austria. Civil society organisations have expressed concerns that discrimination and human rights violations continue against certain groups such as migrants, asylum seekers or LGBTQI+ people. There is a need to protect these vulnerable groups and ensure that their rights are effectively protected. An important note is that despite some progress in the area of human rights enforcement and monitoring, problems still exist. Some non-governmental organisations have pointed out that human rights standards are not fully implemented and that certain mechanisms for monitoring and enforcing human rights need to be further strengthened;An important note is that despite some progress in the area of human rights enforcement and monitoring, problems still exist. Some non-governmental organisations have pointed out that human rights standards are not fully implemented and that certain mechanisms for monitoring and enforcing human rights need to be further strengthened.
Progress: No progress
Implement its international obligations and commitments related to migrant and refugees’ protection through specific policies and programmes
Proponent:
Islamic Republic of Pakistan
Remarks to progress by Liga (last modified Dec 31, 2024):
Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had gone missing between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849). Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had disappeared between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Czech Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Gabonese Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Federal Republic of Germany
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Italian Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Consider ratifying the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Tunisian Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Work towards ratifying the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Principality of Liechtenstein
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Speed up efforts to ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Slovak Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
In February 2012, Austria signed the Optional Protocol to the Convention on the Rights of the Child regarding a communication procedure, but has not yet ratified it – in contrast to the majority of EU member states ( Bundesgesetzblatt für die Republik Österreich, BGBl III Nr.92/2002) and (United Nations Ratification List of the Optional Protocol to the Convention on the Rights of the Child, May 2000). Ratification of the Optional Protocol is important to protect children’s rights and to ensure that children have an effective means of challenging violations of their rights. This has been repeatedly emphasised by civil society. Only through ratification would Austria be obliged to establish an effective complaints procedure for children and ensure that their voices are heard internationally and that their rights are protected;
Progress: No progress
Adopt an open, merit-based process when selecting national candidates for UN Treaty Body elections
Proponent:
United Kingdom of Great Britain and Northern Ireland
Remarks to progress by Liga (last modified Dec 31, 2024):
In the 3rd cycle of the UPR, this recommendation was only taken note of. It would be desirable to adopt such recommendations in the next cycle and to consider implementing them now. There is an urgent need to apply an open and merit-based procedure to ensure the election of national candidates to the United Nations treaty bodies.
Progress: No progress
Strengthen policies and measures in the field of labor, including by considering ratifying the ILO Domestic Workers Convention, 2011 (No. 189)
Proponent:
Federal Republic of Brazil
Remarks to progress by Liga (last modified Dec 31, 2024):
In June 2011, Austria adopted Convention No. 189 of the International Labour Organization (ILO) regarding domestic workers. This agreement sets out an ambitious level of protection for domestic workers under labour law. However, it has not yet been fully implemented at national level. Domestic workers contribute significantly to the global economy by improving employment opportunities for workers with family responsibilities. They provide care for the elderly, children and people with disabilities and create significant income shifts within and between countries. It is crucial that Austria continues to take measures to strengthen the protection of workers, including the ratification of ILO Convention No. 189 on Domestic Workers (see RIS Convention No.189: https://www.ris.bka.gv.at/Dokumente/RegV/REGV_COO_2026_100_2_651606/COO_2026_100_2_653149.html).
Progress: No progress
Endorse and implement the United Nations Compact for Safe, Orderly and Regular Migration
Proponent:
Republic of Indonesia
Remarks to progress by Liga (last modified Dec 31, 2024):
In 2018, the Austrian government decided to withdraw from the UN migration pact. The official vote declaration to the United Nations lists a total of 17 reasons for rejecting the agreement. At the same time, the „Global Compact for Safe, Orderly and Regular Migration“ was adopted, an international agreement of the United Nations that aims to improve international cooperation on migration and strengthen the contribution of migrants to sustainable development. Although this pact is not legally binding, it acts as a co-operative guide to better coordinate migration at different levels – local, national, regional and global. The Austrian government could consider rejoining the United Nations Global Compact for Safe, Orderly and Regular Migration. This would not only promote international cooperation but also support a collaborative approach to more effective migration policies (see Outcome Document of the Intergovernmental Conference on the Adoption of the Global Compact for Safe, Orderly and Regular Migration:https://www.un.org/depts/german/migration/A.CONF.231.3.pdf).
Progress: No progress
Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Democratic Socialist Republic of Sri Lanka
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Republic of Azerbaijan
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Republic of Togo
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Republic of Rwanda
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Sign and ratify the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Arab Republic of Egypt
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Republic of Honduras
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
People's Republic of Bangladesh
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Consider ratifying the International Convention on the Protection of All Migrant Workers and Members of their Families
Proponent:
Republic of Indonesia
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Republic of Senegal
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Consider the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Republic of the Philippines
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Proponent:
Republic of Chile
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Undertake concrete actions towards the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
Republic of El Salvador
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Strengthen the national legislative framework, in particular by ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Proponent:
People's Democratic Republic of Algeria
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Ratify the International Covenant on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Domestic Workers Convention, 2011 (No. 189) of the International Labour Organization, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and sign the Global Compact for Safe, Orderly and Regular Migration
Proponent:
Bolivarian Republic of Venezuela
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf). In June 2011, Austria adopted Convention No. 189 of the International Labour Organization (ILO) regarding domestic workers. This agreement sets out an ambitious level of protection for domestic workers under labour law. However, it has not yet been fully implemented at national level. Domestic workers contribute significantly to the global economy by improving employment opportunities for workers with family responsibilities. They provide care for the elderly, children and people with disabilities and create significant income shifts within and between countries. It is crucial that Austria continues to take measures to strengthen the protection of workers, including the ratification of ILO Convention No. 189 on Domestic Workers (see RIS Convention No.189: https://www.ris.bka.gv.at/Dokumente/RegV/REGV_COO_2026_100_2_651606/COO_2026_100_2_653149.html). In 2018, the Austrian government decided to withdraw from the UN migration pact. The official vote declaration to the United Nations lists a total of 17 reasons for rejecting the agreement. At the same time, the „Global Compact for Safe, Orderly and Regular Migration“ was adopted, an international agreement of the United Nations that aims to improve international cooperation on migration and strengthen the contribution of migrants to sustainable development. Although this pact is not legally binding, it acts as a co-operative guide to better coordinate migration at different levels – local, national, regional and global. The Austrian government could consider rejoining the United Nations Global Compact for Safe, Orderly and Regular Migration. This would not only promote international cooperation but also support a collaborative approach to more effective migration policies (see Outcome Document of the Intergovernmental Conference on the Adoption of the Global Compact for Safe, Orderly and Regular Migration:https://www.un.org/depts/german/migration/A.CONF.231.3.pdf).
Progress: No progress
Sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Proponent:
Republic of Honduras
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Proponent:
Italian Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Republic of Albania
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Accept the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure
Proponent:
Republic of Finland
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Proponent:
French Republic
Gabonese Republic
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Consider ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Proponent:
Republic of El Salvador
Remarks to progress by Liga (last modified Dec 31, 2024):
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Ratify the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization
Proponent:
Republic of Namibia
Remarks to progress by Liga (last modified Dec 31, 2024):
In 2019, the International Labour Organization (ILO) Convention on the Elimination of Violence and Harassment in the World of Work was adopted at the International Labour Conference (Resolution Austria 2024). This Convention provides a common framework aimed at preventing, eliminating and remedying violence and harassment, including gender-based incidents in the world of work. It marks the first time in international law that the right of all to a world of work free from violence and harassment is explicitly recognised. It not only recognises the right, but also the obligation to respect, promote and realise this right. The Convention also defines the concept of violence and harassment in the world of work at international level. Austria was actively involved in the development of Convention 190, but the country has not yet ratified the convention. Although the Convention has been in place since 2019, the Austrian government, in particular the Family and Women’s Affairs and Labour and Social Affairs ministries, has not yet seen the need for rapid implementation. This is despite the fact that current figures from 2022 show that the global rate of those affected remains high. The women’s rights organisation WIDE and its 21 member organisations are vehemently calling for the ratification of ILO Convention 190 and are campaigning for European countries, including Austria, to take a pioneering role in this process. The convention, which for the first time recognises the right of all people to a working environment free from violence and harassment, has been in force since 25 June 2021. The Austrian federal government’s responses to corresponding enquiries indicate that there are still concerns and discussions within the EU. An opinion from the Council Legal Service is still pending, and ratification appears to have been delayed due to legal uncertainties and possible effects on other areas (see reply letter from Federal Minister Martin Kocher (Federal Ministry of Labour) and Federal Minister Susanne Raab (Federal Chancellery, Women) on ILO-C190 (2 May 2022)): https://wide-netzwerk.at/wp-content/uploads/2022/05/Antwort-BM-Kocher-und-BM-Raab-ILO-190.pdf). WIDE and 21 other member organisations emphasise the urgency of ratifying and implementing Convention 190 in order to effectively combat violence and harassment in the world of work, especially gender-specific assaults. It is pointed out that Austria, despite its active participation in the drafting of the convention, is not yet one of the ratifying states (see statement: https://wide-netzwerk.at/recht-auf-arbeit-frei-von-belaestigung-und-gewalt/).
Progress: No progress
Accede to the International Convention Against the Recruitment, Use, Financing and Training of Mercenaries
Proponent:
Republic of Armenia
Remarks to progress by Liga (last modified Dec 31, 2024):
The International Convention against the Recruitment, Use, Financing and Training of Mercenaries is an international agreement that was adopted by the United Nations General Assembly on 4 December 1989. It entered into force on 20 October 2001. Austria has not ratified the International Convention against the Recruitment, Use, Financing and Training of Mercenaries (UN Mercenaries Convention). To date, 37 states have ratified the Convention, but Austria is not among the countries that have ratified or signed it.
Progress: No progress
Ratify the Protocol 12 to the European Convention on Human Rights, in order to ensure the effective prohibition of discrimination
Proponent:
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
Adopt a national action plan on business and human rights in accordance with the UN Guiding Principles on that issue
Proponent:
Swiss Confederation
Remarks to progress by Liga (last modified Dec 31, 2024):
Regrettably, however, there is no National Action Plan for Business and Human Rights in line with the UN Guiding Principles. The implementation of such a plan has so far failed to materialise. In 2016, the United Nations Working Group on Business and Human Rights published the final Guidelines for National Action Plans, which are the result of an open, global consultation process involving states, businesses, civil society, national human rights institutions and academia. These guidelines build on the Working Group’s 2014 report to the UN General Assembly on National Action Plans (see Guiding Principles on Business and Human Rights, 2014: https://www.auswaertiges-amt.de/blob/266624/b51c16faf1b3424d7efa060e8aaa8130/un-leitprinzipien-de-data.pdf). The Working Group has engaged intensively with governments on this topic, both through a survey in 2014 and through an online consultation on the content elements of a National Action Plan. The UN Working Group encourages all states to develop, adopt and regularly update a National Action Plan on Business and Human Rights. This plan is central to the dissemination and implementation of the Guiding Principles on Business and Human Rights. The responsibility to introduce such plans lies within the scope of states‘ obligations in relation to the Guiding Principles on Business and Human Rights. Unfortunately, such initiatives have not yet taken place in Austria and implementation remains outstanding. This raises important questions about the prioritisation and implementation of these fundamental measures aimed at protecting and promoting human rights in the context of business activities;
Progress: No progress
Ratification UN Convention on the Rights of all Migrant Workers and Members of their Families dated 18.12.1990 (ICRMW)
Proponent:
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 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an agreement supported by the United Nations that aims to improve the legal status of migrants with worker status, seasonal and casual workers and their family members. Despite its international commitment, Austria has not yet ratified this convention (see resolution on ratification ICMW: https://www.parlament.gv.at/gegenstand/XXII/A/763). The discrepancy between the signing of international agreements and their actual implementation in national law raises questions and could give rise to a review and possible reassessment of these decisions. This could be an opportunity for Austria to strengthen its commitment to the protection and promotion of the rights of migrant workers and their family members.
Progress: No progress
Ratification Additional Protocol to the European Social Charter on Collective Complaints dated 09.11.1995 and the Declaration on Article D of the European Social Charter (revised) dated 03.05.1996 must be accepted in accordance with the procedure laid down in the said Protocol
Proponent:
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 ratified the 1995 Additional Protocol to the European Social Charter on Collective Complaints. This protocol, which has been in force since 1998, allows organisations to submit collective complaints about violations of social rights and was adopted by some European countries in order to promote social justice. Austria has accepted parts of the revised European Social Charter, but without officially recognising the collective complaints procedure. Austria has signed the revised European Social Charter of 1996 and the Additional Protocol on Collective Complaints, but has not yet given its binding consent to the application of the collective complaints procedure. This means that collective complaints by trade unions and other organisations are not admissible before the European Committee of Social Rights. However, Austria is obliged to demonstrate compliance with the Charter through regular reports. Actual accession to the collective complaints procedure and a declaration of acceptance of Article D have not yet taken place.
Progress: No progress
Ratification Articles 30 and 31 of the European Social Charta
Proponent:
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 ratified Articles 30 and 31 of the revised European Social Charter (ESC). These articles deal with the right to protection against poverty and social exclusion (Article 30) and the right to adequate housing (Article 31). Although Austria has largely implemented the Social Charter and is subject to ongoing reporting obligations to fulfil certain social rights, there are reservations regarding these specific articles, as their implementation is considered complex and potentially costly for the state. Several states, including Germany, have expressed similar reservations about these two articles, as they guarantee comprehensive social rights that would often require extensive legal and financial adjustments (information on the BMAW website on the Council of Europe and ESC: https://www.bmaw.gv.at/Themen/Arbeitsrecht/Internationales-und-Europaeisches-Arbeitsrecht/Europarat-und-Europaeische-Sozialcharta.html).
Progress: No progress
Ratification 12th additional protocol EMRK dated 04.11.2000
Proponent:
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):
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
Ratification The Budapest Convention on Cybercrime dated 23.11.2001 and its additional protocol of 23.11.2001
Proponent:
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 ratified the Budapest Convention on Cybercrime, which was adopted by the Council of Europe on 23 November 2001. This convention is the first international treaty to set legal standards for combating cybercrime, including measures for criminal prosecution and international cooperation in the case of internet-based offences such as data misuse, cyber fraud and child pornography. It serves many countries as the basis for national laws on cybercrime, but Austria has not yet joined the treaty.
The Additional Protocol of 2003, which specifically addresses racist and xenophobic offences on the Internet, has also not been ratified by Austria. Although the treaty has been adopted by over 60 countries and is recognised worldwide as a directive, Austria has decided to implement its regulations on cybercrime at a national level without being formally bound by the Budapest Convention;
Progress: No progress
Ratification Optional Protocol to the International Covenant on Economic, Social and Cultural Rights of 10.12.2008
Proponent:
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 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and enables individuals and groups to submit complaints to the United Nations if their rights have been violated. Austria ratified this protocol in 1978. The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an additional protocol to the International Covenant on Economic, Social and Cultural Rights and allows individuals and groups to submit complaints to the United Nations when their rights have been violated. Austria, however, ratified this protocol in 1978 (see State Report, Concluding Observations of the Committee on wsk Rights: https://www.bundeskanzleramt.gv.at/dam/jcr:40fa2699-4b9e-450e-a246-fdf4a7dcc164/CESCR_WSK_4_de.pdf).
Progress: No progress
Ratification 3rd Optional Protocol to the Convention on the Rights of the Child (CRC) of 17.06.2011
Proponent:
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 signed the Third Optional Protocol to the UN Convention on the Rights of the Child on 28 February 2012, which allows children an individual complaints procedure for violations of children’s rights, but has not yet ratified it. This lack of ratification means that children in Austria do not have the opportunity to appeal directly to the UN Committee on the Rights of the Child if their rights are violated and national legal remedies have been exhausted. Even though Austria was actively involved internationally in the drafting of the protocol, the legal step to fully recognise this important right of appeal has not yet been taken (Netzwerk Kinderrechte Österreich: Umsetzung & Monitoring in Österreich).
Progress: No progress
Give a mandate to the European Commission to draw up a legally binding international treaty to bind transnational corporations and companies to human rights (Resolution A/HRC/RES/26/9)
Proponent:
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 been involved in the UN negotiations on a binding international treaty to regulate transnational corporations with regard to human rights (Resolution A/HRC/RES/26/9). This treaty has been under discussion within the UN Human Rights Council since 2014, with the EU participating in the negotiations as a single entity. However, the European Commission has not yet received its own negotiating mandate for this process, which makes Europe’s negotiating position complicated in some cases.
Progress: No progress
Ensure the constructive cooperation by Austria in the relevant Open Ended Inter-Governmental Work Group on transnational corporations and other business enterprises with respect to human rights
Proponent:
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 been involved in the UN negotiations on a binding international treaty to regulate transnational corporations with regard to human rights (Resolution A/HRC/RES/26/9). This treaty has been under discussion within the UN Human Rights Council since 2014, with the EU participating in the negotiations as a single entity. However, the European Commission has not yet received its own negotiating mandate for this process, which makes Europe’s negotiating position complicated in some cases.
Progress: No progress
Consider international human rights instruments effectively when drafting national legislation and develop a best practice in the formulation of draft legislation that gives preference to the formulation of standards that conform to fundamental rights
Proponent:
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, the introduction of binding due diligence obligations to respect human rights and environmental standards for companies is being actively pursued, particularly in connection with the new EU Supply Chain Directive (Corporate Sustainability Due Diligence Directive). This directive obliges large companies in the EU and those with a significant business volume in the EU to identify, minimise or prevent and document negative impacts of their business activities along their entire supply chain. Under the directive, Austria is obliged to transpose the corresponding EU requirements into national law by 26 July 2026. The measures are aimed at companies that have to ensure human rights and environmental standards in their global activities by taking their „activity chain“ into account, and could also indirectly affect smaller companies, for example through contractual requirements from larger trading partners. The directive provides options and forms of support for these companies.
Austrian companies will be obliged to integrate civil liability issues and compliance requirements into their business strategies and to develop transition plans in line with the climate goals of the Paris Agreement in order to minimise or prevent potential negative impacts of their business activities. In future, an official supervisory authority will also be able to impose sanctions if companies fail to fulfil their due diligence obligations. For the Austrian economy, this represents an adjustment to the now mandatory EU-wide standards. (More information on the EU Supply Chain Act on HRW: https://www.hrw.org/de/news/2024/05/24/neues-eu-lieferkettengesetz-fuer-unternehmen-fragen-und-antworten). A § 8 BMG Commission for dialogue processes between the administration and civil society was newly established in the BMK. This commission promotes the exchange between the administration (represented by the) and organised civil society (represented by the managing directors of Ökobüro and Umweltdachverband). However, a climate protection law and other tangible legal progress are still lacking, which is also clearly criticised by civil society (see e.g. on the website of the climate referendum: https://klimavolksbegehren.at/). On 23 February 2022, the European Commission published a draft directive on „Corporate Sustainability Due Diligence“ (CDSDD, see draft on the European Union website: https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:52022 PC 0071 from=EN). On 1 December 2022, the European Council agreed on its position and on 1 June 2023, the European Parliament will adopt its position, which will be followed by trilogue negotiations between the three institutions (Proposal for a Directive of the European Parliament and of the European Council on corporate due diligence in relation to sustainability and amending Directive (EU) 2019/1937 as PDF: https://data.consilium.europa.eu/doc/document/ST-15024-2022-REV-1/en/pdf). The Federal Ministry of Justice and the Federal Ministry of Labour and Economic Affairs have initiated a good consultation process following the publication of the Commission’s draft directive. The government should again fully involve stakeholders in the future implementation of the directive in Austria.
It is to be welcomed that the Directive that has been adopted and entered into force includes civil liability and sanctions by public authorities. However, in order for the directive to effectively protect human rights and the environment along global supply chains, access to justice for those affected by rights violations needs to be improved. An important civil society initiative on this topic is „Human rights need laws“ (campaign by the organisation Netzwerk Soziale Verantwortung for a supply chain law in Austria and the EU: https://www.nesove.at/menschenrechte-brauchen-gesetze/).
On 26 February 2025, the EU Commission presented a package which, according to the Commission, is intended to simplify sustainability rules. Proposed amendments concern the Corporate Sustainability Reporting Directive (CSRD), the EU Taxonomy and the Corporate Sustainability Due Diligence Directive (CSDDD). Although a mere simplification and reduction of redundant and overlapping reporting points was announced, a massive watering down of the CSDDD in important points is now proposed: The erosion of the risk-based approach, as the due diligence obligations would only extend to direct business partners* with a few exceptions; monitoring of due diligence measures would only be carried out every 5 years instead of annually as previously envisaged; deletion of an EU-wide harmonised regulation on civil liability; deletion of the turnover-related minimum maximum penalties for violations; deletion of the obligation to implement climate transition plans, deletion of the possibility of representative actions, etc. (see: here). 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
Revise the NAP on Disability with measurable target indicators and provide for adequate financial resources to implement the obligations under all articles of the UN-CRPD
Proponent:
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 National Action Plan on Disability 2012-2021 (NAP I) has now expired and has been replaced by the National Action Plan on Disability 2022-2030 (NAP II, information on the website of the Ministry of Social Affairs: here). A comprehensive evaluation of the success of NAP I has been carried out by the Ministry of Social Affairs and is available on their website as a PDF https://www.sozialministerium.at/dam/jcr:edab5ca1-4995-456a-820c-c414da78bc39/Evaluierung202012%E2%80%932020.pdf </a In NAP I, there remains great potential for improvement with regard to the inclusion of people with disabilities and the organisations representing them. The reasons for this are a lack of understanding of what full and effective participation means and what conditions are necessary for this, as well as a lack of resources for participation processes. In addition, political participation in Austria is highly formalised and has historical roots. This gives well-established and politically networked civil society organisations an advantage. The National Action Plan on Disability 2022-2030 (NAP II) was adopted by the Austrian Federal Government on 6 July 2022 and is available as a PDF https://www.behindertenrat.at/wp-content/uploads/2023/01/Nationaler-Aktionsplan-NAP-Behinderung-2022-2030.pdf). The NAP II is also the central national instrument for implementing the UN Convention on the Rights of Persons with Disabilities (UN CRPD) in Austria. This also aims to ensure the full and effective participation and inclusion of people with disabilities in society. In the view of civil society, this goal of effective social integration of people with disabilities is not sufficiently realised in NAP II. The NAP II formally exists, but cannot be considered a complete success from this perspective. The National Action Plan on Disability II 2022-2030 (NAP II, available as a PDF https://www.behindertenrat.at/wp-content/uploads/2023/01/Nationaler-Aktionsplan-NAP-Behinderung-2022-2030.pdf) has made some progress compared to the previous National Action Plan on Disability I from 2012-2020 (NAP I). The implementation of NAP II is being monitored by the NAP Monitoring Group. This group consists of representatives from federal ministries, federal states, organisations for people with disabilities and the Monitoring Committee for the Implementation of the UN Convention on the Rights of Persons with Disabilities. Its aim is to ensure that the measures in the action plan are implemented. This group also reports verbally on the implementation status of the 375 measures. The extent to which people with disabilities and their organisations are involved in implementation is not always clear and also depends on the respective measures. During the preparation of the NAP II, the federal ministries and federal states made contributions in 26 expert teams. However, these contributions were only partially drawn up in a participatory process. The Ministry of Social Affairs and a few other federal ministries have set up corresponding processes for the preparation of their contributions. Unfortunately, however, many federal ministries did not respond to this call, which is why contributions on essential topics (e.g. education, children and young people or women) were produced without any real participation by civil society, despite numerous attempts by civil society to make contact. The participatory element was also not consistently ensured in the countries. The contributions made are available on the website of the Ministry of Social Affairs, see here). Moreover, the written implementation reports for 2021 and 2022, in which the status of implementation is to be presented in detail and thus made comprehensible, have still not been published. The editorial team, which included representatives of civil society and government monitoring mechanisms, was also unable to compensate for the original lack of participation in the creation of the NAP II, as by the time they were consulted, it was only a matter of combining contributions that had already been approved by the respective political level into an overall work. It was no longer possible for civil society to exert any significant influence on the content. Reasons for the lack of participation include a lack of understanding of what unrestricted and effective participation means and what conditions are necessary for this, as well as a lack of resources for participation processes. In terms of content, there is no coherent strategy for the de-institutionalisation of people with disabilities in the NAP II, although this would be of great importance in order to promote self-determination and inclusion in society and to prevent exploitation, violence and abuse of people with disabilities in institutions;
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
