A/HRC/20/26/Add.1
the fragmentation of policies and regulations, a relatively narrow perspective on preserving
cultural communities, an assimilationist approach to inclusion, and the insufficient
implementation of rights of minorities and disadvantaged groups.
III. Normative and institutional framework
A.
The legal framework for the protection of human rights
13.
In its 2010 report submitted under the universal periodic review, Austria indicated
that human rights are enshrined in its 1867 Basic Law on the General Rights of Nationals,
which provides for a number of important guarantees of fundamental rights, such as the
principle of equality, and freedoms of belief and conscience, opinion, and assembly, as well
as academic and artistic freedom, and the right to property. 6 It also indicated that the
European Convention for the Protection of Human Rights and Fundamental Freedoms,
which it adopted in 1958, was granted constitutional status in 1964. The rights laid down in
the Convention are thus directly applicable before Austrian courts and administrative
authorities.7
14.
Other constitutional laws incorporating human rights include the Federal
Constitutional Law on the Prohibition of all Forms of Racial Discrimination, the Federal
Constitutional Law on the Protection of Personal Freedom, and the 1862 Act on the
Protection of the Rights of the Home.8
15.
Austria has ratified most international human rights instruments. It is not a party,
however, to the International Convention on the Protection of the Rights of all Migrant
Workers and Members of Their Families, or the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights, inter alia.
16.
Austria has ratified most of the Council of Europe treaties on human rights and
culture. However, it is not yet party to, inter alia, Protocol No. 12 of the European
Convention on Human Rights (which includes a general prohibition on discrimination), the
Framework Convention on the Value of Cultural Heritage for Society (Faro Convention),
the Convention on the Participation of Foreigners in Public Life at Local Level, and the
European Convention on the Legal Status of Migrant Workers.
17.
Economic, social and cultural rights are not provided for in the Federal Constitution
and the International Covenant on Economic, Social and Cultural Rights is not directly
applicable, despite numerous recommendations by international bodies. 9 The incorporation
of economic, social and cultural rights into the Federal Constitution is currently being
debated.10 In addition, the Constitution does not recognize other human rights, such as the
rights of the child, the right to asylum, or a general prohibition against discrimination.11
18.
With regard to discrimination, Austria has adopted a number of laws associated with
different procedures and institutions. The 1979 Equal Treatment Act was revised in 2004
and prohibits discrimination in working life on the basis of ethnic origin, religion, age,
gender and sexual orientation. It also proscribes discrimination on the basis of ethnic origin
6
7
8
9
10
11
A/HRC/WG.6/10/AUT/1, para. 6.
A/HRC/WG.6/10/AUT/1, para. 7.
A/HRC/WG.6/10/AUT/1, para. 8.
E/C.12/AUT/CO/3, paras. 8 and 20.
E/C.12/AUT/CO/3, para. 8.
Initiative Human Rights. Now.; Compilation of fact sheets, Universal Periodic Review Austria, Fact
Sheet 2.
5