A/HRC/20/26/Add.1
to improve equal opportunities for persons belonging to national minorities”. 26 The
Advisory Committee reiterated this view in its Third Opinion on Austria, issued in
December 2011. 27
34.
The Independent Expert also echoes the opinion of the Committee on the
Elimination of Racial Discrimination, which expressed its concern about the “distinction
[made] between autochthonous minorities and other minority groups” as well as about “the
application of a different treatment to individuals belonging to „autochthonous national
minorities‟ residing in the so-called „historical settlement areas (…) and individuals who do
not reside in those settlements areas.”28 She reiterates the 2011 Third Opinion on Austria of
the Advisory Committee on the Framework Convention for the Protection of National
Minorities urging the Government to ensure a more consistent and inclusive application of
minority rights in Austria, including through comprehensive amendments to the Law on
Ethnic Groups and relevant constitutional provisions. 29
C.
Institutions of redress and relief
35.
A number of bodies have been established in Austria for the protection and
promotion of human rights.
36.
The Austrian Ombudsman Board is an independent institution with constitutional
status mandated to monitor Austria‟s public administration, check the legality of decisions
made therein, and examine allegations of malpractice by public authorities. It is also
mandated to mediate between individuals and public authorities and to refer laws and
ordinances for review to the Constitutional Court. The board consists of three members
appointed by the parliament who report back to it.30
37.
The Human Rights Advisory Board, established in 1999, is mandated to visit places
where people are detained by law enforcement officers and to monitor the use of force by
authority. Additionally, it advises the Ministry of the Interior on human rights matters. The
direct monitoring functions of the board are delegated to six regional commissions. The
Advisory Board is attached to the Federal Ministry of the Interior and its 11 members, some
of whom are members of civil society, are appointed by the Minister of the Interior.31
Although operational autonomy is purportedly guaranteed by a constitutional provision in
the Security Police Act, the placement of the Board within the Ministry of the Interior
raises concerns. The independence of this body from government authorities could be
further guaranteed by locating it outside of the Ministry, under parliamentary oversight.
38.
The Equal Treatment Commission was established in 1979 to deal with genderbased discrimination in employment. Its mandate was expanded in 2004 to monitor issues
relating to discrimination under the amended Equal Treatment Act. The Commission deals
with both general questions and individual cases of discrimination. If it finds
discrimination, it recommends actions to combat it. The Commission‟s rulings are not
binding, however. The Commission‟s three Senates deal with equal treatment in
employment irrespective of gender; equal treatment in employment irrespective of ethnic
origin, religion, belief, age or sexual orientation; and equal treatment irrespective of ethnic
26
27
28
29
30
31
ACFC/OP/II(2007)005, para. 15.
ACFC/OP/III(2011)005, para. 11.
CERD/C/AUT/CO/17, para. 10.
ACFC/OP/III (2011)005, paras. 10 and 27.
Council of Europe, CommDH (2007) 26, p. 7.
Ibid., and A/HRC/W.G.6/10/AUT/1 and Corr.1, para. 22.
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