A/HRC/20/26/Add.1
origin in other areas.32 Discrimination against non-nationals falls outside the Commission‟s
remit.
39.
In 2005, Austria established three bodies to assist the Commission: the Ombud for
Equal Treatment in employment irrespective of gender , the Ombud for Equal Treatment in
employment irrespective of ethnicity, religion or belief, age or sexual orientation in
employment, and the Ombud for Equal Treatment irrespective of ethnicity and gender in
other areas. The Ombud for Equal Treatment provides legal support to the victims of
discrimination and brings cases to the Equal Treatment Commission, which is the decisionmaking body. The Ombud for Equal Treatment has no competence to participate in Court
proceedings as a third party and has limited human and financial resources.33
40.
Other relevant institutions are the Ombudsperson offices for persons with
disabilities, and for children and youth. Similarly, many federal provinces and
municipalities have established their own ombudsperson institutions on these issues.
Additionally, a number of academic institutes carry out substantive work on human rights
issues.34
41.
While the commissions and ombudsperson offices function well, Austria does not
yet have a comprehensive institutional and legislative framework for the protection and
promotion of human rights. No national human rights institution in Austria meets the
requirements of the Principles Relating to the Status of National Institutions (the Paris
Principles). In 2000 and 2011, the Austrian Ombudsman Board was accredited B status (not
fully in compliance with Paris Principles) by the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human Rights. 35 Various
international bodies have urged Austria to establish a national human rights institution
within the meaning of the Paris Principles. The creation of an independent human rights
institution, separate from the executive and possessing a comprehensive and clearly defined
mandate to monitor human rights across the country and receive complaints, should be a
priority of the Austrian Government.
42.
Austria has not yet adopted a national human rights action plan, nor is there
evidence of a human rights-based approach to policymaking. A number of measures are
routinely adopted in the area of human rights, but public policies are scattered and
uncoordinated. The adoption of a comprehensive and coherent policy framework in the area
of human rights should be a priority of the Austrian Government. The lack of a national
human rights institution and action plan combined with the insufficient domestication of
international human rights obligations, particularly in the field of economic, social and
cultural rights, and the highly restricted possibilities for collective action before courts,
weakens the protection of rights.
IV. Cultural rights for all in Austria
A.
The right to access, participate in and contribute to cultural life
43.
The Independent Expert welcomes a number of positive initiatives and good
practices adopted in Austria to ensure the right to access, to participate in and contribute to
cultural life by all persons, including those belonging to marginalized groups. Interesting
32
33
34
35
10
http://bka.gv.at/site/6814/default.aspx.
See: CERD/C/AUT/CO/17, para. 13.
CommDH (2007) 26, p. 8.
http://www.ohchr.org/Documents/Countries/NHRI/Chart_Status_NIs.pdf.