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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 efforts in supporting persons with disabilities, by ensuring their accessibility to the labour market and social welfare benefits

Proponent:

Cyprus


Republic of Cyprus

Cyprus


Republic of Cyprus

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

In Austria, there is a distinction between people who are fit for work and those who are not. The ability or inability to work is determined exclusively on the basis of medical criteria, often directly after school. The federal states are responsible for people who are not fit for work, while the federal government is responsible for people who are fit for work. Hardly any measures have been taken with regard to the group of people who are unable to work. These people continue to work in day labour and employment structures, but do not receive a wage and have no independent social insurance (with the exception of accident insurance). This leads to increased poverty in old age and there is no data on the transition to the regular labour market. There are no nationwide uniform measures to make this possible and the planned measures in the National Action Plan 2022-2030 have not yet been implemented (see National Action Plan on Disability available on the website of the Ministry of Social Affairs: https://www.sozialministerium.at/Themen/Soziales/Menschen-mit-Behinderungen/Nationaler-Aktionsplan-Behinderung.html). Support services for people who are able to work are largely linked to a certain degree of disability (GdB), which means that people who do not have a degree of disability (GdB) determined by the state are excluded from corresponding support measures. The measures offered by the Public Employment Service (AMS) are not fully accessible to people with disabilities. As a result, unemployed people with disabilities are less likely to take part in AMS training programmes than unemployed people without disabilities.    There are only a few measures to combat gender-specific employment imbalances and wage gaps, apart from higher wage cost support for women with disabilities as part of the „Inclusion Support Plus“ programme (Inklusionsförderung/InklusionsförderungPlus: https://www.wko.at/service/arbeitsrecht-sozialrecht/inklusionsfoerderung-inklusionsfoerderungplus.html). There are no specific labour market policy measures for women with disabilities (wage subsidies: Website of the Social Ministry Service: https://www.sozialministeriumservice.at/Finanzielles/Foerderungen/Lohnfoerderungen/Lohnfoerderungen.de.html). 

Progress: No progress

Study, in close consultation with stakeholders, the possibility of a universal basic income

Proponent:

Haiti


Republic of Haiti

Haiti


Republic of Haiti

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

In May 2022, a referendum for the implementation of an unconditional basic income (UBI) in Austria was presented. It envisages that all persons with their main residence in Austria would receive a monthly state payment without having to provide anything in return. This is intended to enable a dignified existence and genuine participation in society. Despite the support of 168,981 people and a final hearing in the National Council, parties such as the ÖVP, FPÖ, SPÖ and Neos are sceptical about the introduction of the Unconditional Basic Income (see Parliamentary Correspondence No. 99 of 01.02.2023: https://www.parlament.gv.at/aktuelles/pk/jahr_2023/pk0099#XXVII_I_01628). The unconditional basic income (UBI) is a financial benefit that is paid unconditionally and regularly to every citizen. The amount should be high enough to ensure an appropriate lifestyle and participation in social life. Contrary to the assumption that the unconditional basic income would abolish the welfare state, it is argued that it should rather develop it further. Those in favour see an unconditional basic income as a way of giving people the freedom they need to react flexibly to current and future economic, social and ecological challenges.   In various welfare states, including Austria, there are regular debates about the extent to which it would make sense to replace existing social benefits with an unconditional basic income. Those in favour argue that this could reduce social inequality and poverty, strengthen social cohesion, increase enjoyment of life and motivation to work and reduce existential fears. However, critics fear a lack of accuracy, the risk of a passive mentality and a return to traditional gender roles. The financial viability of the programme is also questioned. The Austrian Federal Economic Chamber (WKÖ) expresses concerns about the introduction of an unconditional basic income. In their opinion, it would only exempt those who do not want to work, while the others would be affected by an excessive tax burden. The risk of national bankruptcy is mentioned as a possible consequence. The low level of support from the population, as with a referendum, is seen as an indication of the rejection of such a project (see WKÖ statement: https://www.wko.at/oe/news/bedingungsloses-grundeinkommen).   Die Zukunft takes a differentiated view on the introduction of an unconditional basic income. A possible implementation is considered sensible as long as it does not lead to the destruction or liberalisation of the social and welfare state. The potential creation of a social democracy is emphasised, which would have a direct impact on citizens‘ wallets (see article: https://diezukunft.at/editorial-zukunft-11-2023-bedingungsloses-grundeinkommen-von-alessandro-barberi-und-roland-pagani/). Various organisations such as the Civil Society Initiative, the UBI Association, the Peace Academy, KSOE, Active Unemployed and the Economy for the Common Good argue in favour of an unconditional basic income from different perspectives. They emphasise security, freedom, the end of poverty and the unconditionality of the UBI as a civil right that enables people to shape their lives without undignified social bureaucracy (see demands: https://www.volksbegehren-grundeinkommen.at/). 

Progress: No progress

Raise other provisions of the CRC to constitutional status, in particular social rights, the right to an adequate standard of living and the right to health care

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 enshrined any fundamental social rights such as the right to an adequate standard of living or healthcare in its constitution, which makes it an exception within the EU. While basic human rights and civil liberties are protected in the Austrian constitution, fundamental social rights have so far only applied on the basis of simple laws that can be changed more easily, e.g. in the area of minimum income and healthcare. As a result, social benefits do not have the same constitutional stability as civil liberties.  The Austrian Ombudsman Board and various NGOs are therefore pushing for fundamental social rights to be enshrined in the constitution. A comprehensive catalogue, which was considered in the 2020-2024 government programme, would be necessary, for example, to implement a „Federal Constitutional Law on Social Security“ that protects rights such as healthcare, housing and minimum care. Initiatives such as the Poverty Conference and the Momentum Institute support these demands and emphasise that such rights should also be subject to the control of the Constitutional Court (Ombudsman Board: Volksanwaltschaft drängt auf soziale Grundrechte in der Verfassung, 2022) and a special report by the Ombudsman Board, 2023: https://volksanwaltschaft.gv.at/artikel/Achitz-Sozialhilfe-muss-Existenz-sichern-Soziale-Grundrechte-in-Verfassung-verankern). 

Progress: No progress

Re-establish a uniform needs-based minimum income scheme throughout Austria that covers the full basic needs of life

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 Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Establish a right to housing in the Constitution

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 Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Apply the protection of the tenancy law comprehensively to all types of housing

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 Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Guarantee an effective regulation of rent levels to create affordable housing for all, including marginalised groups

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 Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Promote non-discriminatory access to non-profit housing through anti-discrimination work

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 Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Abolish discriminatory regulations in the Non-Profit Housing Act (WGG)

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 Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Obligate non-profit developers to allocate housing to particularly disadvantaged people on a pro rata basis

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 Apr 1, 2025):

In Austria, there are increasing political initiatives and discussions about enshrining the right to housing in the constitution. Several political parties, such as the SPÖ and the Greens, support this demand to enshrine housing as a human right and a fundamental right for all citizens. The idea behind this is that the right to housing should not just be seen as a voluntary benefit provided by the state, but as a binding entitlement that can also be legally enforced. This demand was supported in particular by Amnesty International, which called for the right to housing to be enshrined in the constitution in its petition. It emphasises that such an enshrinement would be necessary in order to improve the inadequate homelessness assistance services and to combat the problem of homelessness in Austria in the long term. The discussion about the right to housing is particularly important against the backdrop of rising rents and increasing homelessness. However, there is also political resistance. The FPÖ rejects such anchoring and refers to existing instruments such as municipal housing and social housing, which in its opinion already represent a solution for affordable housing. In Austria, the Tenancy Act (MRG) does not apply to all residential properties. It fully protects tenancies in old buildings, subsidised new buildings and certain owner-occupied flats built before 1 July 1953 or 1945, as well as more than two rental flats in a building. For newer and non-subsidised flats, the MRG only applies in part, for example in the case of rent regulations. Living conditions such as holiday flats or detached houses are completely excluded from the Tenancy Act.
  In recent years, many welfare state regulations, including access to affordable social housing, have been tightened for migrants and refugees. Social protection and social participation are thus withheld from immigrants in a discriminatory manner. The Basic Social Assistance Act (Federal Law Gazette I 2019/41) was finally repealed by the Constitutional Court in key points (including qualified knowledge of German as a prerequisite for receiving social assistance), also due to a violation of the requirements of the CERD.
However, numerous other regulations at federal and state level explicitly penalise asylum seekers and persons entitled to asylum, as well as non-EU citizens (third-country nationals) who have been living legally in Austria for a long time in some cases:
For example, the Upper Austrian Housing Subsidies Act, which contains special difficulties in accessing housing subsidies for third-country nationals and refugees who are long-term residents, or the Federal Housing Non-Profit Act, according to which subsidised housing may only be allocated to foreign citizens after 5 years of residence and a successful integration test
In line with current political discourses on marginalisation and ascription to others, the restrictions on various social benefits are primarily aimed at putting foreigners in a worse position.
As part of the Government Plan 2025-2029, the federal government intends to follow up on this recommendation and make housing policy more effective, coordinated and socially balanced (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Give support in housing for women affected by violence to enable them to break out of a violent relationship in the long term

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 Apr 1, 2025):

Austria therefore lacks a comprehensive, long-term strategy to protect women from violence, although responsibility is shared between the federal and state governments. The provinces fund women’s shelters and counselling centres in particular, while the Ministry of the Interior, the Ministry of Justice and the Federal Chancellery are active at federal level. The Austrian women’s organisations point out that violence against women, including femicide and domestic violence, is still reaching alarming proportions. In this critical situation, political, legal and financial measures that go beyond the current measures are required to effectively combat violence against women.   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Abolish the international indexation of family allowances

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 Apr 1, 2025):

The recent extension of the Equal Treatment Act in Austria, particularly in the context of caring activities, is a positive step. Nevertheless, precise wording is needed to ensure legal certainty. Austria has recently extended the scope of protection of the Equal Treatment Act to cover discrimination in the context of care work. This is a significant step forward, but requires clear wording in the extended § 5a to ensure clarity and legal certainty.   The missed opportunity to distribute parental leave more evenly is regrettable and contradicts the goal of gender equality. The current amendment of the law offers the opportunity to rectify shortcomings, in particular by introducing a statutory minimum compensation for cases of discrimination. Despite positive developments, however, there is still no uniform standard of protection for all those affected by discrimination. Civil society, including the Litigation Association, appeals to legislators to seriously consider the recommendations, particularly with regard to the clear wording of Section 5a, the equal distribution of parental leave and the introduction of statutory minimum compensation. A holistic view beyond the world of work and the transfer of responsibility to the Federal Equal Treatment Commission in accordance with Directive (EU) 2019/1158 are crucial. These measures strengthen the protection of families and promote gender equality in Austria (see statement of the Litigation Association: https://www.klagsverband.at/klav/wp-content/uploads/2023/08/Stellungnahme-Klagsverband-10.07.2023.pdf).  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

Carry out regular external evaluation of the accommodation arrangements in asylum-seekers‘ reception centres

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 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;

Redaktionelle Verantwortung UPR-Tool:

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