Universal Periodic Review

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

Proponent:

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).