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

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