84. In his reply, the representative of the State party said that the
Covenant, though not an integral part of the domestic law, was recognized as
an instrument prescribing obligations under international public law.
Fundamental human rights in Austria had been guaranteed since the enactment of
the Basic Law in 1867 and the ratification of the European Convention on Human
Rights, which in 1964 was made part of domestic constitutional law.
Notwithstanding the fact that neither a judge nor an administrative authority
was required to apply the provisions of the Covenant directly, there were no
difficulties in giving effect to the rights recognized in it. Since the
Covenant was an international obligation for Austria any abrogation would be a
violation of international law. Nevertheless, under the existing
constitutional framework it would not be possible to consider its partial
incorporation into domestic law.
85. Regarding the question of remedies, the representative explained that
remedies could be sought from a hierarchy of courts and that appeals could be
lodged at one or more levels. Compensation of victims was also available at
various levels of the administration. After the exhaustion of all levels of
appeal in the administrative branch the appeal could be further carried to the
Constitutional Court should the administrative decision be alleged to have
violated human rights. The Constitutional Court could repeal the offending
provision or rescind the administrative decision against which the appeal was
lodged.
86. The Government had no intention to set up a commission on human rights or
a special agency to promote hitman rights. However, the Office of the
Ombudsman had been in existence since 1976 and all government institutions
were ready to provide information on human rights upon request. While the
public was less aware of the Covenant than of the European Convention on Human
Eights, it was generally aware of its provisions and of those of the Optional
Protocol. The Austrian Government believed that the provisions of the Basic
Law and of the European Convention on Human Eights, as amended by subsequent
protocols, would ensure compliance with the provisions of the Covenant.
Furthermore, the text of every statute or decree was scrutinized in the light
of the fundamental rights and freedoms provided for in the Covenant, the
European Convention and domestic law. To ensure that any person whose rights
or freedoms were violated would have effective remedies, Austria was prepared
to change its domestic legislation to provide for new remedies or to allow the
use of existing remedies, if regarded by the Human Eights Committee as
suitable, in the same manner as it had done in respect of the decisions of the
European Court on earlier occasions,
87. The problems that had led Austria to make a number of reservations at the
time of ratification of the Covenant were largely attributable to differences
relating to existing practice in Austria and to the provisions of the European
Convention and its interpretation. However, it would always be possible to
consider whether or not any of those reservations should be withdrawn.
Non-discrimination and equality of the sexes
88. In connection with that issue, members wished to know how the Austrian
Constitution guaranteed the rights provided for in article 2, paragraph 1, of
the Covenant; whether women received equal pay and what measures had been
taken to promote women's participation in the various sectors of society; what
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