E/C.12/1994/16
page 3
that, in the event of a conflict between the provisions of the Covenant and
those of domestic legislation, the international obligations entered into
under the Covenant may not be fulfilled.
11.
The Committee is concerned about the possible adverse consequences,
for the implementation of the provisions of the Covenant concerning
non-discrimination, of the regulations relating to the new law on residence
and residence permits, whose purpose is to limit the number of foreigners
authorized to work in Austria, and the conditions laid down - particularly
in the area of housing - for the acquisition of an Austrian residence permit.
12.
The Committee points out that the ILO Committee of Experts on the
Application of Conventions and Recommendations, in its 1994 report to the
International Labour Conference, expressed its concern at the persistence of
inequalities in the remuneration of women as compared with men, especially in
the private sector. In this context, the Committee notes that, despite the
considerable legislative efforts made by the State party to ensure equality
between the sexes, inequality persists in practice, particularly in the matter
of promotion, and sometimes in the provision of social benefits.
13.
The Committee observes that standards for the protection of workers
concerning limits on the duration of the working day and weekly rest are not
always fully met because some areas of the private sector are dilatory in
enforcing the relevant legislation.
14.
The Committee is also concerned that workers in small businesses (with
five or fewer employees) seem not to enjoy adequate protection against the
threat of dismissal or termination on the grounds of trade union activities.
Similarly, the Committee considers that the representation of workers on works
councils is not sufficient to ensure a balance of interests.
D.
Suggestions and recommendations
15.
The Committee recommends that the State party should envisage taking the
measures necessary to place on an equal footing the international human rights
instruments, in particular the Covenant, and the European Convention for the
Protection of Human Rights and Fundamental Freedoms as regards the place they
occupy in the domestic legal order.
16.
The Committee recommends that the Austrian authorities should continue
their efforts to ensure de facto equality between men and women, especially
in the areas of access to employment, remuneration for equal work, working
conditions, the right to social security and participation in higher
education.
17.
The Committee recommends that the Austrian Government should take the
necessary measures to ensure that the implementation of the new immigration
and residence laws will not impede the exercise, by non-nationals, of the
rights set out in the Covenant.
18.
The Committee urges the State party to monitor carefully the possible
effects of unemployment and reduced social welfare services on the realization