Universal Periodic Review

Finalize and adopt a comprehensive national human rights action plan and continue to ensure the effective implementation of existing thematic national action plans, including the NAP on Disability and the NAP on Combating Violence against Women

Proponent:

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

Despite the agreement in the last government programme and the sustained demand by opposition parties such as the SPÖ and NEOS, a general National Action Plan for Human Rights for Austria has not yet been finalised or adopted. The details (see: https://www.bundeskanzleramt.gv.at/dam/jcr:7b9e6755-2115-440c-b2ec-cbf64a931aa8/RegProgramm-lang.pdf on page 153) and in the parliamentary initiatives of the SPÖ and NEOS (e.g. SPÖ and NEOS). A general National Action Plan for Human Rights should not be replaced by the results of topic-specific action plans. Rather, it is intended to provide strategic and long-term planning, prioritisation and serve as a central mechanism for coordination and strategic planning to implement the recommendations of the UPR process. In addition to strategic objectives for legislation, a comprehensive national action plan should include the following elements: Network building within the administration and with NGOs, new creation and support of human rights institutions, integration of human rights education in schools and universities, educational programmes for vulnerable groups, public awareness-building, provision of information materials, research and evaluation. As early as 1993, the World Conference on Human Rights in Vienna recommended comprehensive National Action Plans for Human Rights. These form the gold standard throughout the EU and are widespread in many countries, as a study by the EU Fundamental Rights Agency shows ( Study by the EU Fundamental Rights Agency). It is no substitute for a general National Action Plan for Human Rights to await the results of topic-specific National Action Plans. Rather, the purpose of the general National Action Plan is to plan strategically and in the long term and to define priorities. In this way, the National Action Plan for Human Rights can also be the main mechanism for coordination and strategic planning for the implementation of the recommendations of the UPR process.
  In the Government Plan 2025-2029, the Federal Government aims to revitalise the Human Rights Action Plan and promote its implementation (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html). With the National Action Plan for the Protection of Women against Violence 2014-2016, measures were taken throughout Austria to implement the requirements of the Istanbul Convention against Violence against Women (see National Action Plan 2014-2016 as PDF: https://www.bundeskanzleramt.gv.at/dam/jcr:1f95e551-0e17-4d67-8090-b7bced3f4947/nap.pdf). However, the National Action Plan has now expired without replacement. Despite the fact that Austria has ratified the Convention, there is a lack of implementation and improvement of further measures, including due diligence in victim protection and, in particular, improved cooperation with civil society.   In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA also highlights shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf). A National Action Plan for the Protection of Women against Violence 2014-2016 with 60 measures has been drawn up, but no further action plan is planned (National Action Plan for the Protection of Women against Violence 2014-2016 on the website of the National Coordination Centre for the Protection of Women against Violence: https://www.coordination-vaw.gv.at/koordinierung/nap.html).  As part of the Government Plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).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;