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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

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

Proponent:

Palestine


State of Palestine

Palestine


State of Palestine

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

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

Progress: No progress

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

Proponent:

Sudan


Republic of Sudan

Sudan


Republic of Sudan

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

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

Progress: No progress

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

Proponent:

Sweden


Kingdom of Sweden

Sweden


Kingdom of Sweden

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

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

Progress: No progress

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

Proponent:

China


People's Republic of China

China


People's Republic of China

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

In Austria, a number of different laws regulate protection against discrimination at state and federal level. This makes the enforcement of the law complex in some cases, protection is not standardised and – contrary to numerous calls in the UPR process and in numerous other monitoring processes on human rights conventions – there are significant gaps in protection: 1. in terms of access to goods and services in the private sector, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief and sexual orientation. This fact has been criticised for years by numerous civil society organisations and equality actors as a lack of levelling up.
2) Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education.
3. there is also a lack of comprehensive protection against discrimination in a number of areas of social protection.
In addition, the law contains provisions on the reversal of the burden of proof, which makes it easier for the person affected to prove discrimination, as well as provisions for possible claims for damages and compensation (see Equal Treatment Act, GIBG Federal Law Gazette I No. 66/2004: https://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395&FassungVom=2022-02-10). The Introductory Act to the Administrative Procedure Acts (EGVG) provides a legal basis for dealing with racist refusal of admission in Austria. According to this law, both victims and witnesses of racist discrimination can report such incidents. Police officers are obliged to forward these reports to the competent district administrative authority. The procedure under the EGVG is free of charge for the person making the report. The reporting person or organisation, such as ZARA or the Litigation Association, are not informed of the outcome of the proceedings and have no direct party status. In addition, the EGVG does not provide for compensation for the person discriminated against. Instead, offenders can be fined up to 1,090 euros, an amount that has not been evaluated for years. In the event of repeated violations of the EGVG, the trade authority can theoretically withdraw the trade licence. ZARA supports those affected by discrimination through various measures, including letters of intervention to the establishments concerned, legal advice and referral to other legal bodies such as the Equal Treatment Ombudsman’s Office or the Litigation Association. The aim is to find an out-of-court solution or to take legal action to enforce the rights of victims of discrimination. These legal and supportive measures are crucial to strengthening protection against racial discrimination in Austria and dealing with cases of discrimination appropriately (see Racism Report 2022: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf).  Anti-Muslim racism is a worrying and growing phenomenon in Austria. According to the Anti-Muslim Racism Report 2023 by the Documentation Centre Austria, a total of 1522 cases were reported, a record high since the beginning of the survey. Two thirds of these incidents took place online, while the rest occurred in the real world, including discrimination in public spaces, such as verbal insults and physical assaults. Women, especially those wearing headscarves, are particularly affected.
In the education sector, incidents such as insulting comments from classmates or threats from school administrators towards praying Muslim pupils have been documented. The spread of hate online is particularly problematic, accounting for almost 90 per cent of reported online incidents. Experts warn that these incidents are deepening social divisions and threatening social cohesion (see documentary Report 2023: https://dokustelle.at/reports/dokustelle-report-2023). In an open letter to the Austrian federal government, civil society calls for the introduction of the criminal offence of „political Islam“ to be dropped. The reason for this is the lack of scientific uniformity in the definition of this term, which could allow it to be used indiscriminately. The concern is that this could lead to generalised suspicions and executive measures against Muslims. The organisation also appeals for protection against discrimination and the preservation of religious freedom by ensuring that state authorities allow all communities to practise their religion freely and equally. It also emphasises that deradicalisation and counter-terrorism strategies must respect the rights of Muslim women to protection from discrimination and freedom of expression. Finally, it calls for religious practices and clothing not to be used as indicators of radicalisation and for surveillance not to be carried out on the basis of membership of Islam or Muslim organisations in order to avoid blanket criminalisation.    In 2023, the Documentation Centre Austria documented a total of 1522 racist attacks against Muslim
and persons perceived as Muslim. This figure is made up of cases that were reported offline and cases that were recorded as part of intensified online monitoring. However, the organisation emphasises that the actual number of attacks is likely to be higher; In Austria, Roma and Sinti:cze continue to be severely affected by discrimination, particularly in areas such as education, work, health and housing. The national strategy for the inclusion of Roma was updated in 2021, but a study continues to reveal prejudice and structural disadvantages. One problem is „underreporting“, as many of those affected do not report discrimination out of fear or bad experiences. The Ombud for Equal Treatment is trying to combat this by providing legal advice and networking with civil society organisations (see study on the evaluation of the national strategy for the inclusion of Roma in Austria (Sensiro)): https://sensiroprojekt.univie.ac.at/wp-content/uploads/2022/10/SENSIRO_Endbericht.pdf).  

Progress: No progress

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

Proponent:

Croatia


Republic of Croatia

Croatia


Republic of Croatia

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

It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination. When it comes to access to goods and services, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief or sexual orientation. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection.    There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, gender expression or gender characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult.
Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.
The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html   As part of the government plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see government plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination.    There have recently been selective amendments to the law against age discrimination, for example in the area of lending. However, there is still no comprehensive ban on discrimination in access to goods and services on the basis of age, religion and belief and sexual orientation (protection exists in federal law, which in the majority of cases only applies on the basis of disability, ethnicity and gender. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection. The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).   In summary, civil society appeals to the federal government to pursue a policy that focuses on the promotion rather than the restriction of fundamental and human rights. The involvement of civil society expertise is considered essential (see Open Letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html).   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).In July 2021, the „anti-terror package“ was passed in Austria, but this raised concerns from civil society organisations and UN experts. In particular, it was feared that the paragraph on „religiously motivated extremist connections“ could stigmatise Muslims (see Terrorism Prevention Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   Despite concerns, law enforcement agencies used facial recognition technologies without a clear legal basis, resulting in potential discrimination against gender and ethnic minorities and interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and effective mechanisms to investigate these practices were lacking (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). The Framework Convention for the Protection of National Minorities entered into force in Austria on 1 July 1998 in order to protect and promote the rights of national minorities. The current report of the Secretariat of the Framework Convention emphasises that Austria is continuing its efforts to safeguard the rights of national minorities. Despite a significant increase in funding for national minorities to almost 8 million euros in 2021 and the adoption of new laws to combat hate speech and violent hate crimes, challenges remain, particularly in minority language education and in the area of mutual respect and intercultural dialogue.   In contrast, there is no clear responsibility at federal level to combat anti-black racism, anti-Muslim racism and racism in general. Little action has been taken, particularly with regard to awareness-raising measures against discrimination against people with disabilities and limited abilities, as well as promoting self-empowerment and human rights. 

Progress: No progress

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

Proponent:

Denmark


Kingdom of Denmark

Denmark


Kingdom of Denmark

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

It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination. When it comes to access to goods and services, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief or sexual orientation. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection.    There is no explicit legal protection against intersectional discrimination and discrimination based on gender identity, gender expression or gender characteristics. The anti-discrimination laws and the respective equality bodies at federal and state level are organised very differently, which makes access to justice more difficult.
Those affected by discrimination usually have to take legal action individually. The amounts of damages awarded in practice are low and there is a lack of effective statutory minimum compensation and injunctive relief. A collective action as a collective legal protection instrument only exists in cases of discrimination on the basis of disability.
The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html   As part of the government plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see government plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).There is still no standardised and comprehensive legal protection against discrimination in Austria. Austrian equality law is still characterised by a discriminatory hierarchy of grounds for discrimination.    There have recently been selective amendments to the law against age discrimination, for example in the area of lending. However, there is still no comprehensive ban on discrimination in access to goods and services on the basis of age, religion and belief and sexual orientation (protection exists in federal law, which in the majority of cases only applies on the basis of disability, ethnicity and gender. Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education. Similarly, there is no comprehensive protection against discrimination in a number of areas of social protection. The current government programme 2025-2029 does not provide for the elimination of these inequalities in discrimination protection (see government programme: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).   In summary, civil society appeals to the federal government to pursue a policy that focuses on the promotion rather than the restriction of fundamental and human rights. The involvement of civil society expertise is considered essential (see Open Letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html).   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).In July 2021, the „anti-terror package“ was passed in Austria, but this raised concerns from civil society organisations and UN experts. In particular, it was feared that the paragraph on „religiously motivated extremist connections“ could stigmatise Muslims (see Terrorism Prevention Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   Despite concerns, law enforcement agencies used facial recognition technologies without a clear legal basis, resulting in potential discrimination against gender and ethnic minorities and interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and effective mechanisms to investigate these practices were lacking (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). The Framework Convention for the Protection of National Minorities entered into force in Austria on 1 July 1998 in order to protect and promote the rights of national minorities. The current report of the Secretariat of the Framework Convention emphasises that Austria is continuing its efforts to safeguard the rights of national minorities. Despite a significant increase in funding for national minorities to almost 8 million euros in 2021 and the adoption of new laws to combat hate speech and violent hate crimes, challenges remain, particularly in minority language education and in the area of mutual respect and intercultural dialogue.   In contrast, there is no clear responsibility at federal level to combat anti-black racism, anti-Muslim racism and racism in general. Little action has been taken, particularly with regard to awareness-raising measures against discrimination against people with disabilities and limited abilities, as well as promoting self-empowerment and human rights. 

Progress: No progress

Revise and harmonize its anti-discrimination laws and improve its anti-discrimination institutions and their efficiency and approachability to ensure effective protection against all forms of discrimination, including against persons with disabilities and children and young persons in the asylum procedure

Proponent:

Finland


Republic of Finland

Finland


Republic of Finland

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

In Austria, a number of different laws regulate protection against discrimination at state and federal level. This makes the enforcement of the law complex in some cases, protection is not standardised and – contrary to numerous calls in the UPR process and in numerous other monitoring processes on human rights conventions – there are significant gaps in protection: 1. in terms of access to goods and services in the private sector, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief and sexual orientation. This fact has been criticised for years by numerous civil society organisations and equality actors as a lack of levelling up.
2) Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education.
3. there is also a lack of comprehensive protection against discrimination in a number of areas of social protection.
In addition, the law contains provisions on the reversal of the burden of proof, which makes it easier for the person affected to prove discrimination, as well as provisions for possible claims for damages and compensation (see Equal Treatment Act, GIBG Federal Law Gazette I No. 66/2004: https://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395&FassungVom=2022-02-10). The Introductory Act to the Administrative Procedure Acts (EGVG) provides a legal basis for dealing with racist refusal of admission in Austria. According to this law, both victims and witnesses of racist discrimination can report such incidents. Police officers are obliged to forward these reports to the competent district administrative authority. The procedure under the EGVG is free of charge for the person making the report. The reporting person or organisation, such as ZARA or the Litigation Association, are not informed of the outcome of the proceedings and have no direct party status. In addition, the EGVG does not provide for compensation for the person discriminated against. Instead, offenders can be fined up to 1,090 euros, an amount that has not been evaluated for years. In the event of repeated violations of the EGVG, the trade authority can theoretically withdraw the trade licence. ZARA supports those affected by discrimination through various measures, including letters of intervention to the establishments concerned, legal advice and referral to other legal bodies such as the Equal Treatment Ombudsman’s Office or the Litigation Association. The aim is to find an out-of-court solution or to take legal action to enforce the rights of victims of discrimination. These legal and supportive measures are crucial to strengthening protection against racial discrimination in Austria and dealing with cases of discrimination appropriately (see Racism Report 2022: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf). Civil society calls on the German government to pursue a policy that prioritises the promotion of fundamental and human rights instead of restricting them. It emphasises that the expertise of civil society is indispensable for this task. Further information can be found in an open letter to the German government (see Open letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). 

Progress: No progress

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

Proponent:

Iran


Islamic Republic of Iran

Iran


Islamic Republic of Iran

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

In Austria, a number of different laws regulate protection against discrimination at state and federal level. This makes the enforcement of the law complex in some cases, protection is not standardised and – contrary to numerous calls in the UPR process and in numerous other monitoring processes on human rights conventions – there are significant gaps in protection: 1. in terms of access to goods and services in the private sector, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief and sexual orientation. This fact has been criticised for years by numerous civil society organisations and equality actors as a lack of levelling up.
2) Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education.
3. there is also a lack of comprehensive protection against discrimination in a number of areas of social protection.
In addition, the law contains provisions on the reversal of the burden of proof, which makes it easier for the person affected to prove discrimination, as well as provisions for possible claims for damages and compensation (see Equal Treatment Act, GIBG Federal Law Gazette I No. 66/2004: https://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395&FassungVom=2022-02-10). The Introductory Act to the Administrative Procedure Acts (EGVG) provides a legal basis for dealing with racist refusal of admission in Austria. According to this law, both victims and witnesses of racist discrimination can report such incidents. Police officers are obliged to forward these reports to the competent district administrative authority. The procedure under the EGVG is free of charge for the person making the report. The reporting person or organisation, such as ZARA or the Litigation Association, are not informed of the outcome of the proceedings and have no direct party status. In addition, the EGVG does not provide for compensation for the person discriminated against. Instead, offenders can be fined up to 1,090 euros, an amount that has not been evaluated for years. In the event of repeated violations of the EGVG, the trade authority can theoretically withdraw the trade licence. ZARA supports those affected by discrimination through various measures, including letters of intervention to the establishments concerned, legal advice and referral to other legal bodies such as the Equal Treatment Ombudsman’s Office or the Litigation Association. The aim is to find an out-of-court solution or to take legal action to enforce the rights of victims of discrimination. These legal and supportive measures are crucial to strengthening protection against racial discrimination in Austria and dealing with cases of discrimination appropriately (see Racism Report 2022: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf). Anti-Muslim racism is a worrying and growing phenomenon in Austria. According to the Anti-Muslim Racism Report 2023 by the Documentation Centre Austria, a total of 1522 cases were reported, a record high since the beginning of the survey. Two thirds of these incidents took place online, while the rest occurred in the real world, including discrimination in public spaces, such as verbal insults and physical assaults. Women, especially those wearing headscarves, are particularly affected.
In the education sector, incidents such as insulting comments from classmates or threats from school administrators towards praying Muslim pupils have been documented. The spread of hate online is particularly problematic, accounting for almost 90 per cent of reported online incidents. Experts warn that these incidents are deepening social divisions and threatening social cohesion (see documentary Report 2023: https://dokustelle.at/reports/dokustelle-report-2023). In an open letter to the Austrian federal government, civil society calls for the introduction of the criminal offence of „political Islam“ to be dropped. The reason for this is the lack of scientific uniformity in the definition of this term, which could allow it to be used indiscriminately. The concern is that this could lead to generalised suspicions and executive measures against Muslims. The organisation also appeals for protection against discrimination and the preservation of religious freedom by ensuring that state authorities allow all communities to practise their religion freely and equally. It also emphasises that deradicalisation and counter-terrorism strategies must respect the rights of Muslim women to protection from discrimination and freedom of expression. Finally, it calls for religious practices and clothing not to be used as indicators of radicalisation and for surveillance not to be carried out on the basis of membership of Islam or Muslim organisations in order to avoid blanket criminalisation.    In 2023, the Documentation Centre Austria documented a total of 1522 racist attacks against Muslim
and persons perceived as Muslim. This figure is made up of cases that were reported offline and cases that were recorded as part of intensified online monitoring. However, the organisation emphasises that the actual number of attacks is likely to be higher;While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements against people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html).   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

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

Proponent:

Ireland


Ireland

Ireland


Ireland

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

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

Progress: No progress

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

Proponent:

Italy


Italian Republic

Italy


Italian Republic

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

It should be noted that in Austria, both the development and implementation of measures to combat discrimination have been driven forward in close cooperation with various civil society organisations. However, it must be noted that the public discourse often focuses on so-called „immigrant anti-Semitism“ and thus accuses people with migration experience from Turkey and Arabic-speaking countries in particular of anti-Semitism across the board. However, there is a lack of clear responsibility at federal level to combat anti-Black racism, anti-Muslim racism and racism in general. Few concrete measures have been taken so far. There is a lack of targeted awareness-raising measures that address discrimination against people with disabilities and limited abilities as well as aspects of self-empowerment and human rights. In Austria, a number of different laws regulate protection against discrimination at state and federal level. This makes the enforcement of the law complex in some cases, protection is not standardised and – contrary to numerous calls in the UPR process and in numerous other monitoring processes on human rights conventions – there are significant gaps in protection: 1. in terms of access to goods and services in the private sector, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief and sexual orientation. This fact has been criticised for years by numerous civil society organisations and equality actors as a lack of levelling up.
2) Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education.
3. there is also a lack of comprehensive protection against discrimination in a number of areas of social protection.
In addition, the law contains provisions on the reversal of the burden of proof, which makes it easier for the person affected to prove discrimination, as well as provisions for possible claims for damages and compensation (see Equal Treatment Act, GIBG Federal Law Gazette I No. 66/2004: https://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395&FassungVom=2022-02-10). The Introductory Act to the Administrative Procedure Acts (EGVG) provides a legal basis for dealing with racist refusal of admission in Austria. According to this law, both victims and witnesses of racist discrimination can report such incidents. Police officers are obliged to forward these reports to the competent district administrative authority. The procedure under the EGVG is free of charge for the person making the report. The reporting person or organisation, such as ZARA or the Litigation Association, are not informed of the outcome of the proceedings and have no direct party status. In addition, the EGVG does not provide for compensation for the person discriminated against. Instead, offenders can be fined up to 1,090 euros, an amount that has not been evaluated for years. In the event of repeated violations of the EGVG, the trade authority can theoretically withdraw the trade licence. ZARA supports those affected by discrimination through various measures, including letters of intervention to the establishments concerned, legal advice and referral to other legal bodies such as the Equal Treatment Ombudsman’s Office or the Litigation Association. The aim is to find an out-of-court solution or to take legal action to enforce the rights of victims of discrimination. These legal and supportive measures are crucial to strengthening protection against racial discrimination in Austria and dealing with cases of discrimination appropriately (see Racism Report 2022: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf). 

Progress: No progress

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

Proponent:

Montenegro


Montenegro

Montenegro


Montenegro

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

In Austria, a number of different laws regulate protection against discrimination at state and federal level. This makes the enforcement of the law complex in some cases, protection is not standardised and – contrary to numerous calls in the UPR process and in numerous other monitoring processes on human rights conventions – there are significant gaps in protection: 1. in terms of access to goods and services in the private sector, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief and sexual orientation. This fact has been criticised for years by numerous civil society organisations and equality actors as a lack of levelling up.
2) Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education.
3. there is also a lack of comprehensive protection against discrimination in a number of areas of social protection.
In addition, the law contains provisions on the reversal of the burden of proof, which makes it easier for the person affected to prove discrimination, as well as provisions for possible claims for damages and compensation (see Equal Treatment Act, GIBG Federal Law Gazette I No. 66/2004: https://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395&FassungVom=2022-02-10). The Introductory Act to the Administrative Procedure Acts (EGVG) provides a legal basis for dealing with racist refusal of admission in Austria. According to this law, both victims and witnesses of racist discrimination can report such incidents. Police officers are obliged to forward these reports to the competent district administrative authority. The procedure under the EGVG is free of charge for the person making the report. The reporting person or organisation, such as ZARA or the Litigation Association, are not informed of the outcome of the proceedings and have no direct party status. In addition, the EGVG does not provide for compensation for the person discriminated against. Instead, offenders can be fined up to 1,090 euros, an amount that has not been evaluated for years. In the event of repeated violations of the EGVG, the trade authority can theoretically withdraw the trade licence. ZARA supports those affected by discrimination through various measures, including letters of intervention to the establishments concerned, legal advice and referral to other legal bodies such as the Equal Treatment Ombudsman’s Office or the Litigation Association. The aim is to find an out-of-court solution or to take legal action to enforce the rights of victims of discrimination. These legal and supportive measures are crucial to strengthening protection against racial discrimination in Austria and dealing with cases of discrimination appropriately (see Racism Report 2022: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf). 

Progress: No progress

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

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


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

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


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

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

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

Progress: No progress

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

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


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

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


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

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

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

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