A/HRC/62/55/Add.1
of Human Rights and Fundamental Freedoms (European Convention on Human Rights). As
a member of the European Union, Austria is subject to European Union anti-discrimination
law, notably the Racial Equality Directive.2
8.
Key legal provisions addressing racial discrimination include the equality clause in
the Federal Constitution and the Equal Treatment Act, which prohibits discrimination in
employment, access to goods and services, education and social protection. Under article 8
of the Federal Constitution, Austria acknowledges its historically evolved linguistic and
cultural diversity and calls for the protection and safeguarding of minority rights. Relevant
provisions of the Criminal Code criminalize incitement to hatred and racist violence. Austrian
equality and non-discrimination laws also mandate a network of equality bodies, including
the Federal Equal Treatment Commission and the Ombud for Equal Treatment.
III. Positive elements
9.
During her visit, the Special Rapporteur identified several positive elements
including:
(a)
Legal provisions to uphold equality and non-discrimination, including the
enshrinement of non-discrimination in article 7 of the Constitution, protection from
discrimination on several grounds within the Equal Treatment Act, Länder-level equality
laws, the establishment in law of multiple equality bodies, the inclusion of racially motivated
crimes in the Criminal Code, and constitutional oversight of the compliance of laws and
policies with equality and non-discrimination standards;
(b)
The adoption in 2021 of the Act to Combat Hate on the Internet, which
introduced dedicated legislation to address online hate speech, harassment and cyberbullying;
(c)
The recognition among several officials of the need for an intersectional and
structural approach to racism;
(d)
Vienna;
The development and publication of an anti-racism strategy by the City of
(e)
The fact that equality bodies, such as the Ombud for Equal Treatment, have
regional representatives to enhance coverage and accessibility;
(f)
The implementation of interfaith projects to promote tolerance and
understanding between those from different religions;
(g)
Teaching and training initiatives on topics such as anti-racism, anti-Muslim
racism, online hate speech and prejudice-conscious pedagogy;
(h)
The establishment, in 2024, of the Investigation and Complaints Office for
Allegations of Police Ill-treatment to address law enforcement issues, such as the excessive
use of force, which can disproportionately impact those from marginalized racial and ethnic
groups;
(i)
The establishment by the Ministry of the Interior of a working group, which
includes civil society organizations, to develop recommendations to put a stop to racial
profiling within law enforcement agencies;
(j)
Proactive measures, including the Fairplay Initiative and Sport Against Racism
Austria, to prevent and address discrimination, including racism, within sports;
(k)
The development and publication, in 2024, of an Anti-racism Strategy by the
Federal Ministry of Housing, Arts, Culture, Media and Sport;
(l)
Initiatives to protect and promote the cultural heritage of those from
marginalized racial and ethnic groups and programmes to promote cooperation with artists
from countries in the global South, such as the Focus International project;
2
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment
between persons irrespective of racial or ethnic origin.
3