was the proportion between the sexes in educational institutions; how the special Federal Constitutional Act against racial discrimination had been applied in practice; how the rights of aliens were restricted as compared with those of citizens; whether all types of discrimination identified in the Covenant were prohibited; whether the Constitution still excluded members of the ruling and former ruling families from being elected as President; and why articles 26 and 27 of the Covenant could not be brought into direct application in Austria whereas the International Convention on the Elimination of All Forms of Eacial Discrimination had been made operational in Austria by means of a Constitutional Act. 89. In his reply, the representative said that discrimination was prohibited by the Constitution. Since virtually all the rights contained in the Covenant were also embodied in the European Convention, which had become a part of constitutional law, Austrian law necessarily contained provisions similar to those of the Covenant. However, owing to historical reasons, article 7 of the Constitution (which referred to the rights of citizens only) was not identical to article 2 of the Covenant (which referred to the rights of all individuals). On the question of the treatment of the former imperial family, the representative said he would convey the views of the members of the Committee to the Austrian Government. 90. On the treatment of aliens and citizens generally, the representative stressed that the principle of equality applied to all aliens in Austria under the terms of the Constitutional Acts in relation to the International Convention on the Elimination of All Forms of Racial Discrimination and the European Convention, although some differences in respect of employment in certain professions, such as the civil service for which only citizens were eligible, were allowed for. Ho information was available concerning the application of the special constitutional law prohibiting racial discrimination as no court had ever had to deal with a complaint thereunder. 91. The figures for 1988-1989 showed that about 50 per cent of children attending day-care centres and primary and secondary schools were female, and that one third of all university students were female. A report on the measures taken to promote the participation of women in the life of the country would be brought to the attention of the Committee as soon as it was completed. On the issue of equal pay, the representative acknowledged that such equality had not been guaranteed in Austria. The Government had therefore established an Equal Pay Committee and it was expected that matters would improve slowly. State of emergency 92. Concerning that issue, members wished to know, in the absence of any constitutional provision regarding the suspension of fundamental rights, how an emergency situation would be dealt with, 93. In his response, the representative said Austria had no specific legislation relating to emergency situations. The Constitution authorized the Federal Government to issue decrees which had the force of parliamentary legislation, but that power had never been used. -20-