This UPR tool reflects the global recommendations made to Austria by all countries world-wide during the Universial Priodic Review process (UPR) at the UN Human Rights Council and their current status of implementation. The League coordinates a significant part of Austrian civil society in the UPR process.
The recommendations can be filtered in the menu below by human rights topics, SDGs, proponent states etc. also a search function is available.
We welcome your comments and suggestions at upr@liga.or.at.
Progress: No progress
Guarantee legal entitlement to support services that make it possible to work to secure one’s livelihood
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Progress: No progress
Provide information from public authorities in accessible formats (easy reading, subtitles or supertitles, digital ticker in audio-visual formats, sign language insertion), sign language interpreting service and accessibility via telephone, video chat, SMS, e-mail
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
Although Austria 2024 has made progress in the accessibility of services for people with disabilities, many challenges remain. In the area of sign language interpreting services in particular, there is still a significant shortage of trained interpreters. According to the Ministry of Social Affairs, only around 130 sign language interpreters are available for around 10,000 deaf people in Austria, which significantly limits equal participation in social life (update from the Austrian Disability Council, 2024: https://www.behindertenrat.at/2024/09/ausbau-von-gebaerdensprachdolmetsch/). While the new funding guideline from the Ministry of Social Affairs, which aims to increase the number of interpreters, is an important improvement, it is also a reaction to the ongoing bottlenecks and not the result of successful prevention. The expansion of training opportunities for sign language interpreters, both in university and non-university programmes, is urgently needed to meet the demand. Nevertheless, it remains questionable whether these measures will be able to close the existing gaps in the short term. In addition, there is still a need for optimisation in the area of digital accessibility. Although services in plain language, subtitles and sign language interpreters have now been
have now been integrated into audiovisual formats, but the comprehensive implementation is inadequate. Not all public and private institutions offer this accessibility in the same quality and frequency, which continues to make it difficult for people with disabilities to participate BMASGK. So while the efforts are a step in the right direction, the actual implementation and sufficient provision of resources remain an ongoing challenge (offers from the BMASGK: <a href= https://www.sozialministerium.at/Services/Neuigkeiten-und-Termine/gebaerdensprach-dolmetschangebote.html< https://www.sozialministerium.at/Services/Neuigkeiten-und-Termine/gebaerdensprach-dolmetschangebote.html).
Progress: No progress
Offer barrier-free websites, subtitling of public and private TV broadcasters, barrier-free access to theatre and film presentations, museums, galleries, etc
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
Although Austria 2024 has made progress in the accessibility of services for people with disabilities, many challenges remain. In the area of sign language interpreting services in particular, there is still a significant shortage of trained interpreters. According to the Ministry of Social Affairs, only around 130 sign language interpreters are available for around 10,000 deaf people in Austria, which significantly limits equal participation in social life (update from the Austrian Disability Council, 2024: https://www.behindertenrat.at/2024/09/ausbau-von-gebaerdensprachdolmetsch/). While the new funding guideline from the Ministry of Social Affairs, which aims to increase the number of interpreters, is an important improvement, it is also a reaction to the ongoing bottlenecks and not the result of successful prevention. The expansion of training opportunities for sign language interpreters, both in university and non-university programmes, is urgently needed to meet the demand. Nevertheless, it remains questionable whether these measures will be able to close the existing gaps in the short term. In addition, there is still a need for optimisation in the area of digital accessibility. Although services in plain language, subtitles and sign language interpreters have now been
have now been integrated into audiovisual formats, but the comprehensive implementation is inadequate. Not all public and private institutions offer this accessibility in the same quality and frequency, which continues to make it difficult for people with disabilities to participate BMASGK. So while the efforts are a step in the right direction, the actual implementation and sufficient provision of resources remain an ongoing challenge (offers from the BMASGK: <a href= https://www.sozialministerium.at/Services/Neuigkeiten-und-Termine/gebaerdensprach-dolmetschangebote.html< https://www.sozialministerium.at/Services/Neuigkeiten-und-Termine/gebaerdensprach-dolmetschangebote.html).
Progress: No progress
Establish the “two-senses principle” in public institutions, transport and communication and information systems
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
Although Austria 2024 has made progress in the accessibility of services for people with disabilities, many challenges remain. In the area of sign language interpreting services in particular, there is still a significant shortage of trained interpreters. According to the Ministry of Social Affairs, only around 130 sign language interpreters are available for around 10,000 deaf people in Austria, which significantly limits equal participation in social life (update from the Austrian Disability Council, 2024: https://www.behindertenrat.at/2024/09/ausbau-von-gebaerdensprachdolmetsch/). While the new funding guideline from the Ministry of Social Affairs, which aims to increase the number of interpreters, is an important improvement, it is also a reaction to the ongoing bottlenecks and not the result of successful prevention. The expansion of training opportunities for sign language interpreters, both in university and non-university programmes, is urgently needed to meet the demand. Nevertheless, it remains questionable whether these measures will be able to close the existing gaps in the short term. In addition, there is still a need for optimisation in the area of digital accessibility. Although services in plain language, subtitles and sign language interpreters have now been
have now been integrated into audiovisual formats, but the comprehensive implementation is inadequate. Not all public and private institutions offer this accessibility in the same quality and frequency, which continues to make it difficult for people with disabilities to participate BMASGK. So while the efforts are a step in the right direction, the actual implementation and sufficient provision of resources remain an ongoing challenge (offers from the BMASGK: <a href= https://www.sozialministerium.at/Services/Neuigkeiten-und-Termine/gebaerdensprach-dolmetschangebote.html< https://www.sozialministerium.at/Services/Neuigkeiten-und-Termine/gebaerdensprach-dolmetschangebote.html).
Progress: No progress
Provide for free sign language courses for hearing parents of deaf children and deaf parents of hearing children (CODA)
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
The current approach to promoting the participation of people with disabilities and their representative organisations has significant weaknesses. These weaknesses result from various factors, such as an inadequate understanding of full and effective participation and the insufficient provision of resources for participation processes. In addition, political participation in Austria is highly formalised and has grown historically, which gives advantages to already established and politically networked civil society organisations. However, not enough systematic attention has been paid to carrying out targeted capacity building in accordance with the requirements of the UN CRPD. It would be desirable if a process similar to the participatory drafting of the 2nd Adult Protection Act had been set up by the Ministry of Justice in 2016 (Justice website: https://www.bmj.gv.at/themen/Zivilrecht/Erwachsenenschutz/Das-neue-Erwachsenenschutzrecht-im-%C3%9Cberblick.html). In fact, from the perspective of civil society, the NAP II cannot yet be considered a sufficient success because it does not sufficiently realise the goal of effective social integration of people with disabilities.
Progress: No progress
Increase staff with language skills in the recognised minority languages public authorities
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In Austria, there is growing recognition and support for minority languages such as Burgenland Croatian, Slovene, Romani and Austrian Sign Language (ÖGS). These languages are protected by the Ethnic Groups Act and the European Charter for Regional and Minority Languages, with bilingual place names even being used in certain regions (e.g. Burgenland). Nevertheless, there are still challenges, for example in the nationwide application of these rights and their implementation in the administration. With regard to linguistic diversity and interpreting services, organisations such as the Language Rights Network are campaigning for more staff with language skills in these minority languages to be employed by public authorities in order to ensure barrier-free communication. In particular, they also emphasise the need to provide interpreters for public services in order to facilitate integration and access to state services for non-German-speaking citizens. These developments are part of a broader discussion around multilingual rights and promoting the integration of minority groups, with the recognition of new social and linguistic groups also becoming increasingly relevant.
Progress: No progress
Enhance bilingual education in German and the recognised minority languages in secondary education
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In Austria, especially in Carinthia, there are special educational programmes for the Slovene ethnic group. Bilingual education is mainly offered in areas where a significant number of Slovenes live. However, there are challenges: In some regions, there are still bottlenecks in the provision of qualified teachers and suitable learning materials. There are also ongoing discussions about the appropriate promotion and integration of the Slovenian language in the education system.
Progress: No progress
Increase the support of ethnic groups through the funds of the Ethnic Groups Advisory Council
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
The Framework Convention for the Protection of National Minorities came into force in Austria on 1 July 1998. It aims to protect and promote the rights of national minorities and sets Europe-wide standards in this regard. In the current Resolution CM/ResCMN (2023)14 of the Committee of Ministers of 13 December 2023 (see: https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680adcf6e%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}), as well as in the Report of the Secretariat of the Framework Convention for the Protection of National Minorities of the Council of Europe of 16 October 2023 (see: https://rm.coe.int/5th-op-austria-de-full-version/1680ace87b) emphasises that Austria must continue its efforts to safeguard the rights of national minorities, but must expand them in key areas (see Resolution CM/ResCMN (2023) 14 of the Committee of Ministers of 13 December 2023: https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680adcf6e%22],%22sort%22:[%22CoEValidationDate%20Descending%22]} ) which provides for immediate measures to protect ethnic groups.
Progress: No progress
Recognise the deaf and hearing-impaired sign language community as a linguistic minority
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
The current approach to promoting the participation of people with disabilities and their representative organisations has significant weaknesses. These weaknesses result from various factors, such as an inadequate understanding of full and effective participation and the insufficient provision of resources for participation processes. In addition, political participation in Austria is highly formalised and has grown historically, which gives advantages to already established and politically networked civil society organisations. However, not enough systematic attention has been paid to carrying out targeted capacity building in accordance with the requirements of the UN CRPD. It would be desirable if a process similar to the participatory drafting of the 2nd Adult Protection Act had been set up by the Ministry of Justice in 2016 (Justice website: https://www.bmj.gv.at/themen/Zivilrecht/Erwachsenenschutz/Das-neue-Erwachsenenschutzrecht-im-%C3%9Cberblick.html). In fact, from the perspective of civil society, the NAP II cannot yet be considered a sufficient success because it does not sufficiently realise the goal of effective social integration of people with disabilities.
Progress: No progress
Abolish the international indexation of family allowances
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Apr 1, 2025):
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
Abolish systematic restrictions on the freedom of asylum seekers that go beyond what is allowed against nationals
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849). Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had disappeared between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;
Progress: No progress
Give effective access to education and teaching for asylum seekers, including those who are no longer minors
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In order to ensure, in line with international best practice, that the Criminal Code does not provide for penalties for defamation, the current section 111 of the Austrian Criminal Code needs to be reviewed. This paragraph makes it a criminal offence to publicly accuse someone of a contemptible quality or attitude in a way that is perceptible to third parties or to accuse someone of dishonourable conduct that is likely to disparage the person concerned in the public opinion. The penalty for such an offence may include a prison sentence of up to six months or a fine of up to 360 daily rates (see: oesterreich.gv.at/.syndication?pageId=f0ee9eb0-2af6-49a6-a86f-2f80eb3d37bc). To meet international standards, a review and possible amendment of this paragraph may be necessary to ensure that it does not conflict with freedom of expression and adequately protects the rights of citizens. This could include adjusting the definition of defamation and the associated penalties to ensure a balanced and appropriate legal basis;
Progress: No progress
Give access to the labour market for asylum seekers at the latest six months after the asylum application has been lodged, in order to enable them to make an independent contribution to financing their lives
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
{Geflüchtete-Arbeitsmarkt}
Progress: No progress
Ensure complete decriminalisation of escape aid if it can be proved that illegal immigrants had reasons to flee in accordance with the Geneva Convention
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849). Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had disappeared between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;
Progress: No progress
The care of unaccompanied minor foreigners must be guaranteed by child and youth welfare services from the first day of their arrival in Austria
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations. In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament. Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival. The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody. However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;
Progress: No progress
Unaccompanied and accompanied minor refugees must be placed on an equal footing with young people from Austria and the EU area
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations. In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament. Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival. The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody. However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;
Progress: No progress
Establish a mechanism to ensure the identification of vulnerable persons in asylum and return procedures
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In September 2023, there were almost half as many asylum applications in Austria compared to 2022. Applications for international protection in Austria are made exclusively in Austria, as applications cannot be submitted to Austrian representation authorities abroad. As a result, many refugees have to come to Austria without a visa and therefore illegally, as it is almost impossible to obtain an entry visa for Austria or another EU member state. This illustrates that although refugees have a fundamental right to an asylum procedure, actual access to this right is often restricted in practice. After entering Austria (legally or illegally), refugees must submit their asylum application to a police station. The initial interview takes place in special offices of the provincial police directorates and is conducted by interpreters or language experts. Asylum is granted in accordance with the Asylum Act of 2005 and is aimed at people who are persecuted because of their race, religion, nationality, membership of a particular ethnic or social group or their political convictions. The recognition rate varies greatly depending on the origin of the asylum seeker. There is also subsidiary protection, which is granted to people whose asylum application has been rejected but whose life or health is at risk in their country of origin. In cases of particular hardship, humanitarian residence permits can also be granted. Public opinion in Austria is critical of asylum seekers from Muslim countries of origin such as Afghanistan, Syria and Tunisia. According to a survey in spring 2023, 61 per cent of Austrians rated living together with refugees as bad. The disparity between apprehensions and accepted asylum applications is particularly striking in November and December 2022, when only 0.6 per cent of those who entered the country were able to apply for asylum. There are calls for the right to asylum and lawful access to the asylum procedure to be guaranteed, as well as the establishment of independent human rights monitoring at German borders. Disciplinary consequences for those responsible, compensation and the right to re-entry for those affected are also called for (joint press release of 30 May 2023 by Pushback Alarm Austria, Border Violence Monitoring Network and the Bavarian Refugee Council: https://www.asyl.at/files/uploads/446/23-05-30-pm-pushbacks-an-bayerischen-grenzen-1.pdf).
Progress: No progress
Train officials and judges involved in asylum procedures for the identification of vulnerable persons in cooperation with specialised civil society organisations
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In September 2023, there were almost half as many asylum applications in Austria compared to 2022. Applications for international protection in Austria are made exclusively in Austria, as applications cannot be submitted to Austrian representation authorities abroad. As a result, many refugees have to come to Austria without a visa and therefore illegally, as it is almost impossible to obtain an entry visa for Austria or another EU member state. This illustrates that although refugees have a fundamental right to an asylum procedure, actual access to this right is often restricted in practice. After entering Austria (legally or illegally), refugees must submit their asylum application to a police station. The initial interview takes place in special offices of the provincial police directorates and is conducted by interpreters or language experts. Asylum is granted in accordance with the Asylum Act of 2005 and is aimed at people who are persecuted because of their race, religion, nationality, membership of a particular ethnic or social group or their political convictions. The recognition rate varies greatly depending on the origin of the asylum seeker. There is also subsidiary protection, which is granted to people whose asylum application has been rejected but whose life or health is at risk in their country of origin. In cases of particular hardship, humanitarian residence permits can also be granted. Public opinion in Austria is critical of asylum seekers from Muslim countries of origin such as Afghanistan, Syria and Tunisia. According to a survey in spring 2023, 61 per cent of Austrians rated living together with refugees as bad. The disparity between apprehensions and accepted asylum applications is particularly striking in November and December 2022, when only 0.6 per cent of those who entered the country were able to apply for asylum. There are calls for the right to asylum and lawful access to the asylum procedure to be guaranteed, as well as the establishment of independent human rights monitoring at German borders. Disciplinary consequences for those responsible, compensation and the right to re-entry for those affected are also called for (joint press release of 30 May 2023 by Pushback Alarm Austria, Border Violence Monitoring Network and the Bavarian Refugee Council: https://www.asyl.at/files/uploads/446/23-05-30-pm-pushbacks-an-bayerischen-grenzen-1.pdf).
Progress: No progress
Better consider the impact of trauma on asylum-seekers in asylum procedure communication
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849). Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had disappeared between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;
Progress: No progress
Carry out regular external evaluation of the accommodation arrangements in asylum-seekers‘ reception centres
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849). Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had disappeared between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;
Progress: No progress
Ensure independent legal advice for asylum-seekers and, if necessary, cover the costs of advice from professional legal advisers or civil society organisations
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
{Geflüchtete-Rechtsberatung-BBU}
Progress: No progress
Implement the government’s work programme through binding roadmaps and clearly formulated plans to implement the increase in ODA to 0.7% of GDP as quickly as possible
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Apr 1, 2025):
Although there has been selective progress in humanitarian aid and direct project aid, a substantial increase in the Austrian Office Development Assistance ODA ratio is not recognisable. The temporary increase to 0.39% in 2022 due to additional funds for Ukraine is considered a one-off effect (Austrian Development Agency website: ADA: Official Development Assistance: https://www.entwicklung.at/ada/oeffentliche-entwicklungshilfeleistungen). A binding step-by-step plan is required to achieve the target of 0.7% (see OECD website: preliminary figures from the Organisation for Economic Co-operation and Development- OECD: https://www.oecd.org/dac/financing-sustainable-development/development-finance-standards/official-development-assistance.htm ). However, civil society is expressing concerns about implementation. Although a gradual increase in development aid funding was agreed in the government programme, the Ministry of Foreign Affairs has not yet taken sufficient steps to pursue the goal.
; In the Government Plan 2025-2029, the Federal Government is focussing on joint improvements with all stakeholders on this point (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Develop an overall coherent strategy for the Austrian Development Cooperation that includes all actors and stakeholders and is in line with the goals of the 2030 Agenda for Sustainable Development
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Apr 1, 2025):
Although there has been selective progress in humanitarian aid and direct project aid, a substantial increase in the Austrian Office Development Assistance ODA ratio is not recognisable. The temporary increase to 0.39% in 2022 due to additional funds for Ukraine is considered a one-off effect (Austrian Development Agency website: ADA: Official Development Assistance: https://www.entwicklung.at/ada/oeffentliche-entwicklungshilfeleistungen). A binding step-by-step plan is required to achieve the target of 0.7% (see OECD website: preliminary figures from the Organisation for Economic Co-operation and Development- OECD: https://www.oecd.org/dac/financing-sustainable-development/development-finance-standards/official-development-assistance.htm ). However, civil society is expressing concerns about implementation. Although a gradual increase in development aid funding was agreed in the government programme, the Ministry of Foreign Affairs has not yet taken sufficient steps to pursue the goal.
; In the Government Plan 2025-2029, the Federal Government is focussing on joint improvements with all stakeholders on this point (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).
Progress: No progress
Child rights must be explicitly considered in all development cooperation and SDG processes
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In 2024, Austria is under increasing pressure to explicitly enshrine children’s rights in all relevant political processes, particularly in development cooperation and the implementation of the Sustainable Development Goals (SDGs). Organisations such as UNICEF are calling for children’s rights to be considered as a central element in all political decisions. They emphasise that child poverty, education, inclusion of children with disabilities, protection from violence and mental health are key issues that must not be neglected in the context of the SDGs;
A particular focus is on combating child poverty. UNICEF is calling for the full implementation of the National Action Plan for the Child Guarantee, which includes basic child protection and improving educational opportunities. Climate policy is also a key aspect: children are one of the groups most affected by climate change and their rights must be given greater consideration in climate policy decisions.
In the political debates surrounding the 2024 National Council elections, many stakeholders are calling for children’s rights to play an even greater role and finally be fully implemented. The future government is expected to take concrete measures to promote and protect children (UNICEF demands, 2024: https://unicef.at/news/einzelansicht/unicef-oesterreich-fordert-umfassende-verankerung-der-kinderrechte-im-vorfeld-der-nationalratswahlen-2024/).
Progress: No progress
Strengthen the role of Parliament in the legislative process in assessing the potential impact of proposed legislation on development objectives
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
Austria continues to attach great importance to public participation in the parliamentary process. The application of public participation standards is a central component of the legislative process in order to increase transparency and strengthen democracy. These standards are recommendations on how the public can be effectively involved in the development of policies, plans and legislation. They particularly emphasise the need to inform the public comprehensively and at an early stage on relevant issues and to incorporate their feedback into the decision-making process. An important element of participation is the review process, in which draft legislation is submitted to the general public and interested organisations for comment. In this way, citizens and stakeholders can express their opinions before laws are finalised. In addition, the use of digital participation tools, such as online consultations, is being increased in order to make citizen participation even more accessible. These initiatives aim to improve the quality of democracy, promote social responsibility and ensure that all relevant groups are involved in the political decision-making process.
Progress: No progress
Implement the „Standards for Public Participation“ to guarantee the participation of all relevant actors
Proponent:
Österreichische Liga für Menschenrechte
Rahlgasse 1/26, A-1060 Wien
http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/
Remarks to progress by Liga (last modified Dec 31, 2024):
In Austria, a concept for „standards of public participation“ was developed back in 2008 to ensure that the public is actively involved in the decision-making processes for policies, plans and programmes. These standards promote transparency and acceptance by involving the public comprehensively and at an early stage, especially on topics that have a broad social impact or are controversial. Since 2020, this concept has been continuously developed to meet the changing needs of society and the possibilities of digital participation. In the digital age, there is an increasing focus on e-participation, i.e. the opportunity for citizens to take part in decision-making processes via online platforms or even mobile apps. The quality of participation is also constantly being evaluated in order to make it more effective and inclusive. This continuous adaptation and improvement of participation processes demonstrates Austria’s commitment to strengthening democratic processes and intensifying the dialogue between citizens and the administration.
Redaktionelle Verantwortung UPR-Tool:
Österreichische Liga für Menschenrechte, upr@liga.or.at
Lizenz CC-BY-SA
Unterstützung durch:
Forschungskooperation mit der Volksanwaltschaft
Förderung des Zukunftsfonds der Republik Österreich
