Human rights in Austria are generally respected by the government; however, there were problems in some areas. There were some reports of police abuse and use of unjustified force against prisoners.
Antisemitic incidents, including physical attacks, name-calling, property damage, and threatening letters, telephone calls, and Internet postings occurred during the year. There was some governmental and societal discrimination against fathers,
Muslim
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
s and members of unrecognized religious groups, particularly those considered "
sects
A sect is a subgroup of a religious, political, or philosophical belief system, usually an offshoot of a larger group. Although the term was originally a classification for religious separated groups, it can now refer to any organization that b ...
". There were incidents of
neo-Nazi
Neo-Nazism comprises the post–World War II militant, social, and political movements that seek to revive and reinstate Nazism, Nazi ideology. Neo-Nazis employ their ideology to promote hatred and Supremacism#Racial, racial supremacy (ofte ...
activity,
rightwing
Right-wing politics describes the range of political ideologies that view certain social orders and hierarchies as inevitable, natural, normal, or desirable, typically supporting this position on the basis of natural law, economics, authori ...
extremism, and
xenophobia
Xenophobia () is the fear or dislike of anything which is perceived as being foreign or strange. It is an expression of perceived conflict between an in-group and out-group and may manifest in suspicion by the one of the other's activities, a ...
.
Trafficking
Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations.
There are various ...
in women and children for prostitution and labor also remained a problem.
Respect for the integrity of the person
Freedom from arbitrary or unlawful deprivation of life
There were no reports that the government or its agents committed arbitrary or unlawful killings.
In August, a
Vienna
en, Viennese
, iso_code = AT-9
, registration_plate = W
, postal_code_type = Postal code
, postal_code =
, timezone = CET
, utc_offset = +1
, timezone_DST ...
court found four members of the elite
Wiener Einsatzgruppe Alarmabteilung
EKO Cobra (german: Einsatzkommando Cobra; "Task Force Cobra") is the police tactical unit of the Austrian Federal Ministry of the Interior. EKO Cobra is not part of the Austrian Federal Police, but instead is directly under the control of the ...
police unit guilty of torturing and seriously injuring
Gambia
The Gambia,, ff, Gammbi, ar, غامبيا officially the Republic of The Gambia, is a country in West Africa. It is the smallest country within mainland AfricaHoare, Ben. (2002) ''The Kingfisher A-Z Encyclopedia'', Kingfisher Publicatio ...
n
asylum seeker
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and mi ...
Bakary J. earlier in the year during a
deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
incident. Three police officers received eight-month suspended sentences, and a fourth officer was given a six-month suspended sentence. The Austrian chapter of
Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
criticized the verdict as being too lenient.
In August the attorney for a
Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
n asylum seeker claimed that Austrian police physically injured him during his forced deportation. The incident occurred in
Frankfurt
Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...
,
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
after the Nigerian refused to board a plane to Nigeria.
Disappearances
There were no reports of politically motivated disappearances.
Freedom from torture and other cruel, inhuman, or degrading treatment or punishment
The law prohibits such practices; however, there were reports that police beat and abused persons.
In 2005 the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
's
Committee for the Prevention of Torture
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or shortly Committee for the Prevention of Torture (CPT) is the anti-torture committee of the Council of Europe. Founded to enforce the Europe ...
(CPT) reported a "considerable number" of allegations of police mistreatment of criminal detainees. The interior ministry investigated these cases but concluded that none of the accusations could be verified.
During the year the government continued to deny an extradition request from
Kosovo
Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Euro ...
authorities in the case of a police officer convicted in his absence for torture while serving in Kosovo's civilian international police in 2003. The government recalled the officer from Kosovo, but allowed him to remain on duty during the investigation. Following the investigation, the officer was removed from his former job in the
Ministry of the Interior
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
and demoted to a lower position. In October, the government officially closed the case.
There were no reports during the year that army officials mistreated
conscript
Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day un ...
s. However, in August 2017 a conscript died during a march. After this event some former conscripts unveiled that they had been exposed to intimidation and humiliation during their service time
Prison and detention Center conditions
Prison conditions generally met international standards in many areas, and the government permitted visits by independent human rights observers. A May report by the
Human Rights Advisory Council explicitly criticized pre-deportation conditions in 2005 as "questionable from a human rights point of view," and, at times "not in conformity with human rights standards."
Some human rights observers criticized the incarceration of nonviolent offenders, such as persons awaiting deportation, for long periods in single cells or inadequate facilities designed for temporary detention. In 2005 the CPT noted that juveniles were not always separated from adults at the Linz prison.
Freedom from arbitrary arrest or detention
The law prohibits
arbitrary arrest and detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law ...
, and the government generally observed these prohibitions; however, the strict application of slander laws tended to discourage reports of police abuse.
The country has a police force that is responsible for maintaining internal security. The Ministry of Interior controls the police, while the
Ministry of Defense
{{unsourced, date=February 2021
A ministry of defence or defense (see spelling differences), also known as a department of defence or defense, is an often-used name for the part of a government responsible for matters of defence, found in states ...
controls the army, which is responsible for external security. The police were generally well trained and disciplined. On August 31, a senior Vienna police officer, Ernst Geiger, received a three-month suspended sentence for violation of confidentiality rules. Geiger had allegedly informed the owner of a sauna of an upcoming police raid on March 9. Vienna's top police official, Roland Horngacher, was suspended from office on August 9 and faces charges of accepting improper gifts and abuse of office for suspected leaking of information to journalists. Government statistics for 2005 showed there were 1,047 public complaints against federal police officials; of those, 960 were dropped. In 18 court cases, two officers were convicted of using unjustified force and two cases were pending at the end of the year. Some police violence appeared to be racially motivated.
Nongovernmental organizations
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
(NGOs) and other groups continued to criticize the police for targeting minorities. During the year the interior ministry conducted racial sensitivity training programs for over 2,000 police and other officials with NGO assistance. The Human Rights Advisory Council monitors police respect for human rights and makes recommendations to the minister of the interior. During the year the council issued several recommendations to improve processing of pre-deportation and juvenile delinquent cases.
In criminal cases the law provides for investigative or pretrial detention for up to 48 hours; an investigative judge may decide within that period to grant a prosecution request for detention of up to two years pending completion of an investigation. The law specifies grounds required for such investigative detention and conditions for bail. The investigative judge is required to evaluate such detention periodically. There is a system of bail. The police and judicial authorities respected these laws in practice. Detainees also had prompt access to a lawyer; however, the CPT noted in 2004 that criminal suspects who lack the means to pay for legal services may be appointed an ex officio lawyer only after the court's decision to detain them, i.e. 96 hours after their apprehension.
Availability of fair public trials
The law provides for an independent judiciary, and the government generally respected this provision in practice.
The court system consists of local, regional, and higher regional courts, as well as the Supreme Court. The Supreme Court is the highest judicial body, while the Administrative Court acts as the supervisory body over administrative acts of the executive branch. The Constitutional Court presides over constitutional issues.
The law provides for the right to a fair trial, and an independent judiciary generally enforced this right. A system of judicial review provides extensive possibilities for appeal. Trials must be public and conducted orally. Persons charged with criminal offenses are considered innocent until proven guilty. Defendants have the right to be present during trials. While pro bono attorneys are supposed to be provided to indigent defendants, the CPT in its 2004 report found that there were generally not enough lawyers in criminal matters, financial arrangements were inadequate, and lawyers were not available around the clock. The report concluded that, as there is no effective system of free legal aid for indigent persons in police custody, any right of access to a lawyer at that stage remains, in most cases, purely theoretical.
There were no reports of political prisoners or detainees.
There is an independent and impartial judiciary in civil matters, including an appellate system. This is available for lawsuits seeking damages for human rights violations.
Freedom from arbitrary interference with privacy, family, home, or correspondence
The law prohibits such actions, and the government generally respected these prohibitions in practice.
Civil Liberties
Freedom of speech and press
The law prohibits neo-Nazi activity, including making statements that deny the
Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
. On February 20, the Vienna regional court convicted British writer
David Irving
David John Cawdell Irving (born 24 March 1938) is an English author and Holocaust denier who has written on the military and political history of World War II, with a focus on Nazi Germany. His works include ''The Destruction of Dresden'' (19 ...
and sentenced him to a three years in prison on charges of neo-Nazi activity. In 1989 Irving reportedly denied the existence of gas chambers at
Auschwitz
Auschwitz concentration camp ( (); also or ) was a complex of over 40 concentration and extermination camps operated by Nazi Germany in occupied Poland (in a portion annexed into Germany in 1939) during World War II and the Holocaust. It con ...
and claimed that unknown individuals dressed in
Sturmabteilung
The (; SA; literally "Storm Detachment") was the original paramilitary wing of the Nazi Party. It played a significant role in Adolf Hitler's rise to power in the 1920s and 1930s. Its primary purposes were providing protection for Nazi ral ...
uniforms committed the
Reichskristallnacht
() or the Night of Broken Glass, also called the November pogrom(s) (german: Novemberpogrome, ), was a pogrom against Jews carried out by the Nazi Party's (SA) paramilitary and (SS) paramilitary forces along with some participation from ...
crimes in November 1934. On August 29, the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
confirmed the guilty-verdict. On December 20, the Vienna court of second instance suspended two thirds of Irving's three-year prison sentence. Because Irving had been in custody since November 11, 2005, he was released from prison and deported to
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...
.
On April 26, the
Vienna Criminal Court convicted
John Gudenus
John Gudenus or John, Graf von Gudenus (23 November 1940 – 15 September 2016) was an Austrian member of the Federal Council of Austria on a free mandate (formerly as a member of the Freedom Party of Austria), and colonel of the Austrian Bundes ...
, a former
Freedom Party member of the upper house of parliament, to a one-year suspended sentence for violating the law banning neo-Nazi activity. In public interviews in 2005, Gudenus had questioned the existence of gas chambers and belittled the suffering of concentration camp inmates during the Holocaust.
The independent media were active and expressed a wide variety of views without restriction.
There were no government restrictions on access to the Internet or reports that the government monitored e-mail or Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including electronic mail.
There were no government restrictions on academic freedom or cultural events.
Freedom of peaceful assembly and association
The law provides for
freedom of assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
and association, and the government generally respected these rights in practice.
Freedom of religion
The law provides for
freedom of religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
, and the government generally respected this right in practice.
The law divides religious organizations into three legal categories: officially recognized religious societies, religious confessional communities, and associations. Numerous unrecognized religious groups have complained that the law obstructs legitimate claims for recognition and relegates them to second-class status. As of December the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
had not ruled on a 2003 complaint by the
Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.7 million adherents involved in ...
challenging the legality of the requirement that a group must exist for 10 years in the country before it can be recognized by the government.
The conservative
Austrian People's Party
The Austrian People's Party (german: Österreichische Volkspartei , ÖVP ) is a Christian-democratic and liberal-conservative political party in Austria.
Since December 2021, the party has been led provisionally by Karl Nehammer. It is currentl ...
(ÖVP) denied party membership to members of unrecognized religious groups, which it considered "sects," that hold a view of mankind fundamentally different from the party's, advocate opinions irreconcilable with the ÖVP's ethical principles, or reject basic rights granted by "progressively minded" constitutional states and in an open society. The ÖVP denied membership to members of the
Church of Scientology
The Church of Scientology is a group of interconnected corporate entities and other organizations devoted to the practice, administration and dissemination of Scientology, which is variously defined as a cult, a scientology as a business, bu ...
.
The city of
Vienna
en, Viennese
, iso_code = AT-9
, registration_plate = W
, postal_code_type = Postal code
, postal_code =
, timezone = CET
, utc_offset = +1
, timezone_DST ...
funded a counseling center of a controversial NGO, the Society Against Sect and Cult Dangers (GSK), which actively worked against alleged sects and cults. GSK distributed information to schools and the general public and offered counseling to persons who believe that sects and cults had hurt their lives.
The Federal Office of Sect Issues functioned as a counseling center for those who had questions about sects and cults. While the office is legally independent of the government, the minister for social security and generations appointed and supervised its director. Some members of the public believed the office of sect issues and similar government offices fostered societal discrimination against unrecognized religious groups.
There was some societal discrimination against members of unrecognized religious groups, particularly those considered to be "cults" or "sects." The majority of these groups have less than 100 members. The Church of Scientology and the
Unification Church were among the larger unrecognized groups.
Muslims
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...
complained about incidents of societal discrimination and verbal harassment, including occasional incidences of discrimination against Muslim women wearing
headscarves
A headscarf is a scarf covering most or all of the top of a person's, usually women's, hair and head, leaving the face uncovered. A headscarf is formed of a triangular cloth or a square cloth folded into a triangle, with which the head is cov ...
in public. On April 9, an unknown person conducted an arson attack against the construction site of an Islamic Cemetery in Vienna. The attack coincided with the conclusion of a conference of European
imam
Imam (; ar, إمام '; plural: ') is an Islamic leadership position. For Sunni Muslims, Imam is most commonly used as the title of a worship leader of a mosque. In this context, imams may lead Islamic worship services, lead prayers, ser ...
s in Vienna. On September 11, police destroyed a suspicious device, which turned out to be a fake bomb, in front of the
Muslim Youth office in Vienna. On November 7, police arrested a 29-year-old Muslim man on charges of placing the fake bomb.
The
Jewish community has approximately 7,700 members. During the year the NGO Forum Against Anti-Semitism reported a total of 125 antisemitic incidents, including physical attacks, name-calling, graffiti or defacement, threatening letters, antisemitic Internet postings, property damage, and vilifying letters and telephone calls.
On 26 November 2006, a 24-year-old
Croatia
, image_flag = Flag of Croatia.svg
, image_coat = Coat of arms of Croatia.svg
, anthem = "Lijepa naša domovino"("Our Beautiful Homeland")
, image_map =
, map_caption =
, capit ...
n man went on a rampage in the Jewish Lauder Chabad School, breaking windows, glass doors, and showcases with an iron rod. Police later arrested him.
The
European Union Monitoring Center on Racism and Xenophobia declared that
antisemitism
Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism.
Antis ...
in the country was characterized by diffuse and traditional antisemitic stereotypes rather than by acts of physical aggression.
The law prohibits any form of
neo-Nazism
Neo-Nazism comprises the post–World War II militant, social, and political movements that seek to revive and reinstate Nazism, Nazi ideology. Neo-Nazis employ their ideology to promote hatred and Supremacism#Racial, racial supremacy (ofte ...
or antisemitism or any activity in the spirit of Nazism. It also prohibits
public denial, belittlement, approval, or justification of Nazi crimes, including the Holocaust. The law prohibits
public incitement to hostile acts, insult, contempt against a church or religious society, or
public incitement against a group based on race, nationality, or ethnicity, if that incitement poses a danger to
public order
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
. The government strictly enforced the law against neo-Nazi activity. The Vienna Jewish community's offices and other Jewish community institutions in the country, such as schools and museums, were under police protection.
Secondary school
A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' secondary education, lower secondary education'' (ages 11 to 14) ...
history and civics courses discussed the
Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
.
Religious education
In secular usage, religious education is the teaching of a particular religion (although in the United Kingdom the term ''religious instruction'' would refer to the teaching of a particular religion, with ''religious education'' referring to te ...
classes taught the tenets of different religions and fostered overall tolerance. The education ministry offered special teacher training seminars on the subject of Holocaust education. An education ministry program routinely invited Holocaust survivors to speak to classes about
Nazism
Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Na ...
and the Holocaust.
Freedom of movement within the country, foreign travel, emigration, and repatriation
The law provides for these rights, and the government generally respected them in practice. The law prohibits forced exile, and the government did not use it in practice.
The law provides for the granting of
asylum or
refugee status in accordance with the
1951 Convention relating to the Status of Refugees
Events
January
* January 4 – Korean War: Third Battle of Seoul – Chinese and North Korean forces capture Seoul for the second time (having lost the Second Battle of Seoul in September 1950).
* January 9 – The Government of the United K ...
and its 1967 protocol, and the government has established a system for providing protection to refugees. In practice the government provided protection against refoulement, the return of persons to a country where they feared persecution. The government granted refugee status or asylum and subscribed to a "safe country of transit" policy, which required asylum seekers who transited a country determined to be "safe" to return to that country to seek refugee status. With the expansion of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
(EU) this concept has lost some of its importance because upon their accession, neighboring
Slovenia
Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
, the
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
, the
Slovak Republic
Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the s ...
, and
Hungary
Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
became subject to the EU provisions that establish criteria and mechanisms for determining the EU member state responsible for examining an asylum application. In 2005 new legislation introduced stricter detention and removal policies as part of a stronger enforcement of the 2003
Dublin II regulation (also referred to as the Dublin Convention) which discourages
asylum shopping by allowing serial asylum-seekers to be returned to the EU country where they first applied for asylum.
EURODAC
European Dactyloscopy (Eurodac) is the European Union (EU) fingerprint database for identifying asylum seekers and irregular border-crossers. After the European Parliament approved the last EURODAC reform poposed by far-right party Vox (December 2 ...
, the EU's system for comparing fingerprints of asylum-seekers and illegal immigrants, has facilitated the application of the Dublin Convention. As a result, asylum applications dropped by more than 30 percent during the year with a noticeable trend in applicants attempting to conceal their routes of transit.
The government has in the past (during the
Kosovo
Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Euro ...
crisis and as a result of hostilities in
Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
) also provided temporary protection to individuals who did not qualify as refugees under the 1951 convention or 1967 protocol under a mechanism whereby victims of armed conflict may be admitted to the country. The government cooperated with the Office of the
United Nations High Commissioner for Refugees
The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integrati ...
and other humanitarian organizations in assisting refugees and asylum seekers.
Political rights
The law provides citizens with the right to change their government peacefully, and citizens exercised this right in practice through periodic, free, and fair elections held on the basis of universal
suffrage
Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
.
In 2004 voters elected President
Heinz Fischer of the
SPÖ to a six-year term in national elections in which individuals could freely declare their candidacy and stand for election. In 2002 the OVP received a plurality in parliamentary elections and renewed its right-center coalition with the
Freedom Party (FPÖ). In 2005 the
Alliance for the Future of Austria broke away from the FPÖ, but remained a junior partner with the OVP in the coalition government. The
Federal Assembly consists of the National Council and the Federal Council. There were 58 women in the 183-seat National Council and 18 women in the 62-member Federal Council. There were five women in the 14-member
Council of Ministers
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
(cabinet). Although there appeared to be relatively little minority representation at the national level, no precise information on the number of minorities in the Federal Assembly was available. Some Muslims were on party lists for the elections but were not elected into the Federal Assembly.
There were no reports of government corruption during the year. The law provides for full public access to government information, and the government generally respected these provisions in practice. Authorities can only deny access if it would violate substantial data protection rights or would involve information that is of national security interest. Petitioners could challenge denials before the Administrative Court.
Governmental attitude regarding international and nongovernmental investigation of alleged violations of human rights
A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views, but some groups were dissatisfied with the information supplied by authorities in response to specific complaints.
The Human Rights Advisory Council, composed of representatives from the justice and interior ministries and NGOs, operated to ensure that police respected human rights while carrying out their duties. However, the
International Helsinki Federation for Human Rights (IHF) characterized the council as ineffective and unable to obtain the cooperation of the security services, citing that the country's criminal code was lacking severity in certain instances. According to the IHF, shoplifters were likely to receive a longer sentence than sex offenders.
The 2004 equal treatment law expanded the responsibility of the ombudsman to ensure equal opportunity in the workplace regardless of ethnic origin, religion, age, or sexual orientation, and to address general discrimination because of ethnic origin. The law went into effect in 2004, and the ombudsman began its work addressing the new grounds in March 2005; 617 complaints on the new grounds were filed in 2005.
Discrimination, societal abuses, and trafficking in persons
The law provides for protection against
discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
based on race, gender, disability, language, or social status, and the government generally enforced these provisions effectively; however,
violence against women
Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often consi ...
,
child abuse
Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
,
trafficking in persons, and
racial discrimination
Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
were problems.
Women
Violence against women
Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often consi ...
, including
spousal abuse
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
, was a problem. The Association of Houses for Battered Women estimated that one-fifth of the country's 1.5 million adult women have suffered from violence in a relationship. However, media reports estimated that fewer than 10 percent of abused women filed complaints. The law provides that police can expel abusive male family members from family homes for up to three months, while abuse perpetrated by female family members is widely ignored. In 2005 an injunction to prevent abusive family members from returning home was applied in 5,618 cases.
The government funded privately operated intervention centers and help lines for female victims of domestic abuse only. The centers provided only for female victims' safety, assessed the threat posed by perpetrators, helped victims develop plans to stop the abuse, and provided legal counseling and other social services.
Under the law,
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, including
spousal rape, is punishable with up to 15 years in prison.
In July a new law prohibiting
stalking went into effect. The law provides for sentences of up to one year in prison.
Although there were no reported cases of
female genital mutilation
Female genital mutilation (FGM), also known as female genital cutting, female genital mutilation/cutting (FGM/C) and female circumcision, is the ritual cutting or removal of some or all of the external female genitalia. The practice is found ...
(FGM) in the country, the city of Vienna set up a counseling office in June to assist female immigrants from African countries who were victims of FGM. In 2005 the African Women's Organization (AFO) helped 899 women with various problems, among them a number of FGM cases.
Prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
is legal; however, illegal trafficking, including for the purposes of prostitution, was a problem (see section 5, Trafficking). Laws regulating prostitution require prostitutes to register, undergo periodic health examinations, and pay taxes.
The law prohibits
sexual harassment
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favors. Sexual harassment includes a range of actions fro ...
, and the government effectively enforced those laws. Of the 4,418 cases of discrimination brought to the ombudsman for equal treatment of gender in 2005, 408 involved sexual harassment. The labor court can order employers to compensate victims of sexual harassment on the basis of the Federal Equality Commission's finding on the case; the law provides that a victim is entitled to a minimum of $840 (700 euros) in financial compensation.
There are no legal restrictions on women's rights and the Federal Equality Commission and the ombudsman for equal treatment of gender oversee laws prescribing equal treatment of men and women. However, on average, women earned 83 percent of what men earned for the same work. Women were more likely than men to hold temporary positions and part-time jobs and also were disproportionately represented among those unemployed for extended periods.
Although labor laws provide for equal treatment of women in the
civil service
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
, women remained underrepresented. The law requires the government to hire women of equivalent qualifications ahead of men in all civil service areas in which less than 40 percent of the employees are women, including police. There are no penalties, however, for agencies that fail to attain the 40 percent target.
Female employees in the private sector may invoke equality laws prohibiting discrimination against women. On the basis of the Federal Equality Commission's findings, labor courts may award compensation of up to four months' salary to women who experienced discrimination in promotion because of their gender. The courts may also order compensation for women who were denied a post despite having equal qualifications.
Children
The law provides for the protection of
children's rights
Children's rights are a subset of human rights with particular attention to the rights of special protection and care afforded to minors. , and the government was committed to children's rights and welfare. Each state government and the federal Ministry for Social Welfare, Generations, and Consumer Protection has an
ombudsman
An ombudsman (, also ,), ombud, ombuds, ombudswoman, ombudsperson or public advocate is an official who is usually appointed by the government or by parliament (usually with a significant degree of independence) to investigate complaints and at ...
for children and adolescents whose main function is to resolve complaints about violations of children's rights. The ombudsman provides free legal counseling to children, adolescents, and parents on a wide range of problems, including
child abuse
Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...
,
child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
, and
domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
.
Nine years of education is mandatory for all children beginning at age six. The government also provides free education through
secondary school
A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' secondary education, lower secondary education'' (ages 11 to 14) ...
and subsidized technical, vocational, or university education. According to the
Ministry of Education, 99.8 percent of children between the ages of six and 15 attended school. The government provided comprehensive medical care for children.
Child abuse was a problem, and the government continued its efforts to monitor abuse and prosecute offenders. The Ministry for Social Welfare, Generations, and Consumer Protection estimated that 90 percent of child abuse cases occurred within families or was committed by close family members or family friends. Law enforcement officials noted a growing readiness to report abuse cases. According to authorities, approximately 20,000 abuse incidents are reported annually in the country.
In a
child abduction case that attracted international media attention, 18-year-old
Natascha Kampusch escaped her abductor in September 2006 after eight years in captivity;
Wolfgang Priklopil
Natascha Maria Kampusch (born 17 February 1988) is an Austrian author and former talk show host. At the age of 10, on 2 March 1998, she was Child abduction, abducted and held in a secret cellar by her kidnapper Wolfgang Přiklopil for more than ...
, the suspect in the case, subsequently committed
suicide
Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and s ...
.
There were occasional cases of suspected
child marriage, primarily in the
Muslim
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
and
Romani
Romani may refer to:
Ethnicities
* Romani people, an ethnic group of Northern Indian origin, living dispersed in Europe, the Americas and Asia
** Romani genocide, under Nazi rule
* Romani language, any of several Indo-Aryan languages of the Roma ...
communities. However, such cases were undocumented. Some male immigrants entered into a marriage with a teenage girl in their home country, and then returned to the country with her.
The law provides that adults having
sexual intercourse with a child under 14 may be punished with a prison sentence of up to 10 years. If the victim is impregnated, the sentence may be extended to 15 years. In 2005 the
Interior Ministry
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
reported 1,314 cases of child abuse, most involving intercourse with a minor, while the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
reported 322 convictions. The law provides for criminal punishment for the possession, trading, and private viewing of child pornography. Exchanging pornographic videos of children is illegal.
Trafficking of children remained a problem (see Trafficking section).
Trafficking in persons
The law prohibits
trafficking in persons; however, there were reports that persons were trafficked to, from, and within the country. Women were trafficked for sexual exploitation and domestic service, and children were trafficked for begging and possibly for sexual exploitation.
The law provides for the prosecution of traffickers and addresses trafficking for prostitution through deception, coercion, or the use of force; for the purposes of slavery; for the exploitation of labor; and the exploitation of aliens.
Trafficking is illegal and punishable by imprisonment for up to 10 years. In 2005 there were 168 trafficking cases involving 109 suspects and 25 convictions for human trafficking. Trafficking for purposes of slavery is punishable by imprisonment for 10–20 years. The perpetrators of human trafficking included both citizens, who were generally connected with licensed brothels, and foreign nationals, who are involved primarily with unlicensed brothels. Authorities estimated that organized crime groups from Eastern Europe controlled a large portion of human trafficking in the country. The police were also aware of cooperation between Austrian and foreign citizens in organizing the transfer of foreign prostitutes through the country.
The
Interior Ministry
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
's Federal Bureau for Criminal Affairs has a division dedicated to combating human trafficking. Law enforcement officials maintained contact with authorities in countries of origin to facilitate the prosecution of suspected traffickers. During the year there were no reports that the government extradited any persons wanted for trafficking crimes in other countries.
In January the government eliminated a "dancer" visa that had been used to traffic women into the country.
The country was a transit and destination point for women trafficked from
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
,
Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
,
Moldova
Moldova ( , ; ), officially the Republic of Moldova ( ro, Republica Moldova), is a Landlocked country, landlocked country in Eastern Europe. It is bordered by Romania to the west and Ukraine to the north, east, and south. The List of states ...
, the
Balkans
The Balkans ( ), also known as the Balkan Peninsula, is a geographical area in southeastern Europe with various geographical and historical definitions. The region takes its name from the Balkan Mountains that stretch throughout the who ...
, and, to a lesser extent, the
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
, the
Slovak Republic
Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the s ...
,
Hungary
Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
,
Belarus
Belarus,, , ; alternatively and formerly known as Byelorussia (from Russian ). officially the Republic of Belarus,; rus, Республика Беларусь, Respublika Belarus. is a landlocked country in Eastern Europe. It is bordered by R ...
, and
Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
. Victims were trafficked through the country to
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
,
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
, and
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
. Women were trafficked into the country primarily for the purpose of sexual exploitation. The
International Organization for Migration
The International Organization for Migration (IOM) is a United Nations agency that provides services and advice concerning migration to governments and migrants, including internally displaced persons, refugees, and migrant workers.
The IOM was ...
(IOM) estimated that there were approximately 7,000 foreign trafficking victims in
Vienna
en, Viennese
, iso_code = AT-9
, registration_plate = W
, postal_code_type = Postal code
, postal_code =
, timezone = CET
, utc_offset = +1
, timezone_DST ...
alone. Women also were trafficked from
Asia
Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an area ...
and
Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
for
domestic labor
A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
. In 2005, following extensive efforts by the government in cooperation with Bulgarian authorities, police noted a decrease in the trafficking of Bulgarian children for the purposes of begging and stealing, and sometimes sexual exploitation.
While there were no accurate statistics on the number of trafficking victims, the NGO Lateinamerikanische Frauen in Oesterreich - Interventionsstelle fuer Betroffene des Frauenhandels reported assisting 151 trafficking victims in 2005, down from 167 victims in 2004. Both citizens and foreigners were engaged in trafficking. The country was attractive to traffickers because of its geographic location and because it does not require entry visas for citizens of the Czech Republic, the Slovak Republic, Hungary, Romania, and Bulgaria.
Most trafficked women were brought to the country with promises of unskilled jobs, such as nannies or waitresses. Upon arrival they were often coerced into prostitution. According to police, there also were cases of women who knowingly entered the country to work as prostitutes, but were forced into dependency akin to slavery. Most victims were in the country illegally and feared being turned into authorities and deported. Traffickers usually retained victims' official documents, including passports, to maintain control over them. Trafficking victims reported being subjected to threats and physical violence. A major deterrent to victim cooperation was widespread fear of retribution, both in the country and in the victims' countries of origin.
The government provided temporary residence, limited to the duration of the trial, to trafficking victims who were prepared to testify or who intended to file civil lawsuits. However, victims rarely agreed to testify due to fear of retribution. Victims have the possibility of continued residence if they meet the criteria for residence permits.
LEFOE provided secure housing and other support for trafficking victims. The IOM also sought to put victims in contact with NGOs in their countries of origin upon their return. With financial assistance from the Interior Ministry, LEFOE continued to operate a center in Vienna that provided psychological, legal, and health-related assistance, emergency housing, and German language courses to trafficked women. Federal and local governments funded NGOs that provided assistance in other cities.
The government worked with international organizations to carry out prevention programs throughout the region. The government funded research on trafficking, and NGOs produced antitrafficking brochures, law enforcement workshops, and international conferences funded with the help of private donors.
Persons with disabilities
The law protects
persons with physical and mental disabilities from discrimination in housing, education, employment, and access to health care and other government services, and the government generally enforced these provisions effectively. There were no reports of societal discrimination against persons with disabilities.
Federal law mandates access to public buildings for persons with
physical disabilities
A physical disability is a limitation on a person's physical functioning, mobility, dexterity or stamina. Other physical disability, disabilities include impairments which limit other facets of daily living skills, daily living, such as respiratory ...
; however, many public buildings are inaccessible to persons with disabilities due to insufficient enforcement of the law and low penalties for noncompliance.
The law provides for
involuntary sterilization
Compulsory sterilization, also known as forced or coerced sterilization, is a government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually done throug ...
of adults with
mental disabilities in cases where a pregnancy would be considered life-threatening. However, no involuntary sterilizations have been performed in recent years. The law prohibits the sterilization of minors.
The government funded a wide range of programs for persons with disabilities, including provision of transportation, assistance integrating school children with disabilities into regular classes, and assistance integrating employees with disabilities into the workplace.
National, racial, and ethnic minorities
In 2005, the
Ministry of the Interior
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
recorded 209 incidents of
neo-Nazi
Neo-Nazism comprises the post–World War II militant, social, and political movements that seek to revive and reinstate Nazism, Nazi ideology. Neo-Nazis employ their ideology to promote hatred and Supremacism#Racial, racial supremacy (ofte ...
,
right-wing extremist and
xenophobic incidents against members of minority groups. The government continued to express concern over the activities of
far-right skinheads
White power skinheads, also known as racist skinheads and neo-Nazi skinheads, are members of a neo-Nazi, white supremacist and antisemitic offshoot of the skinhead subculture. Many of them are affiliated with white nationalist organizations and ...
and neo-Nazis, many with links to organizations in other countries.
A 2005 report by the domestic NGO Zivilcourage und Anti-Rassismus Arbeit, in conjunction with other groups, found that persons from diverse ethnic and racial backgrounds faced increasing discrimination from government officials, particularly the police, as well as in the workplace and in housing. The report cited 1,105 cases of alleged
racial discrimination
Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...
in 2005. The government continued training programs to combat racism and educate the police in cultural sensitivity. In September the Ministry of Interior renewed an agreement with the
Anti-Defamation League
The Anti-Defamation League (ADL), formerly known as the Anti-Defamation League of B'nai B'rith, is an international Jewish non-governmental organization based in the United States specializing in civil rights law. It was founded in late Septe ...
to teach police officers cultural sensitivity, religious tolerance, and the acceptance of minorities.
Human rights groups reported that
Roma
Roma or ROMA may refer to:
Places Australia
* Roma, Queensland, a town
** Roma Airport
** Roma Courthouse
** Electoral district of Roma, defunct
** Town of Roma, defunct town, now part of the Maranoa Regional Council
*Roma Street, Brisbane, a ...
faced discrimination in employment and housing. The situation of the Romani community, estimated at over 6,200 autochthonous (indigenous) and 15,000 to 20,000 non-autochthonous Roma, has significantly improved in recent years, according to the head of the Austrian Roma Cultural Association. Government programs, including providing financing for tutors, have helped school age Romani children move out of "special needs" and into mainstream classes. The government also initiated programs in recent years to compensate Romani
Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
victims and to document the suffering of the Roma during the Holocaust.
NGOs complained that Africans living in the country experienced verbal harassment in public. In some cases, black Africans were stigmatized as being involved in the drug trade and other illegal activities.
According to the IHF, the issue regarding full recognition of
Slovenes
The Slovenes, also known as Slovenians ( sl, Slovenci ), are a South Slavic ethnic group native to Slovenia, and adjacent regions in Italy, Austria and Hungary. Slovenes share a common ancestry, culture, history and speak Slovene as their n ...
remained problematic. For example, the governor of the province of
Carinthia
Carinthia (german: Kärnten ; sl, Koroška ) is the southernmost States of Austria, Austrian state, in the Eastern Alps, and is noted for its mountains and lakes. The main language is German language, German. Its regional dialects belong to t ...
refused to implement rulings by higher courts that gave certain rights to the Slovene minority.
The law recognizes
Croats
The Croats (; hr, Hrvati ) are a South Slavic ethnic group who share a common Croatian ancestry, culture, history and language. They are also a recognized minority in a number of neighboring countries, namely Austria, the Czech Republic, G ...
,
Czechs
The Czechs ( cs, Češi, ; singular Czech, masculine: ''Čech'' , singular feminine: ''Češka'' ), or the Czech people (), are a West Slavic ethnic group and a nation native to the Czech Republic in Central Europe, who share a common ancestry, c ...
,
Hungarians
Hungarians, also known as Magyars ( ; hu, magyarok ), are a nation and ethnic group native to Hungary () and historical Hungarian lands who share a common culture, history, ancestry, and language. The Hungarian language belongs to the Urali ...
,
Roma
Roma or ROMA may refer to:
Places Australia
* Roma, Queensland, a town
** Roma Airport
** Roma Courthouse
** Electoral district of Roma, defunct
** Town of Roma, defunct town, now part of the Maranoa Regional Council
*Roma Street, Brisbane, a ...
,
Slovaks
The Slovaks ( sk, Slováci, singular: ''Slovák'', feminine: ''Slovenka'', plural: ''Slovenky'') are a West Slavic ethnic group and nation native to Slovakia who share a common ancestry, culture, history and speak Slovak.
In Slovakia, 4.4 mi ...
, and
Slovenes
The Slovenes, also known as Slovenians ( sl, Slovenci ), are a South Slavic ethnic group native to Slovenia, and adjacent regions in Italy, Austria and Hungary. Slovenes share a common ancestry, culture, history and speak Slovene as their n ...
as national minority groups and requires any community, where at least 25 percent of the population belongs to one of these groups, to provide bilingual town signs, education, media, and access to federal funds earmarked for such minorities. The law affects 148 communities. At year's end the government had not reached a decision on implementation of a 2001 Constitutional Court ruling on lowering the 25 percent threshold. The law does not provide these rights to other minority groups, such as Turks, which the government does not recognize as indigenous minorities. However, the government provided a wide range of language and job promotion courses. In December the Constitutional Court ruled that the state of
Carinthia
Carinthia (german: Kärnten ; sl, Koroška ) is the southernmost States of Austria, Austrian state, in the Eastern Alps, and is noted for its mountains and lakes. The main language is German language, German. Its regional dialects belong to t ...
must install additional bilingual town signs in German and Slovene.
Worker rights
The law provides workers the right to form and join
unions without prior authorization or excessive requirements, and workers exercised this right in practice. No workers were prohibited from joining unions. An estimated 47 percent of the work force was organized into 13 national unions belonging to the
Austrian Trade Union Federation
The Austrian Trade Union Federation or Austrian Federation of Trade Unions ( de: ''Österreichischer Gewerkschaftsbund'', abbreviated OeGB or ÖGB) is a labour union of employees. It is constituted as an association and is subdivided into seven ...
(OGB).
The law allows unions to conduct their activities without interference, and the government protected this right in practice.
Collective bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
is protected in law and was freely practiced. Approximately 80 percent of the workforce was under a
collective bargaining agreement; the OGB was exclusively responsible for collective bargaining. The law does not explicitly provide for the right to
strike; however, the government recognized the right in practice. The law prohibits retaliation against strikers, and the government effectively enforced the law. There are no export processing zones.
The law prohibits
forced or compulsory labor, including by
children
A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...
; however, there were reports that such practices occurred (see Trafficking section).
There are laws and policies to protect children from exploitation in the workplace, and the government generally enforced these laws and policies effectively. The minimum legal working age is 15 years. The Labor Inspectorate of the Ministry of Social Affairs effectively enforced this law. There were reports of
trafficking of children for
begging and
sexual exploitation (see Trafficking section).
There is no legislated national
minimum wage
A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Bec ...
. Instead, nationwide collective bargaining agreements set minimum wages by job classification for each industry. The accepted unofficial annual minimum wage is $14,880 to $17,360 (12,000 to 14,000 euros), and it provided a decent standard of living for a worker and family. An estimated 10,000 to 20,000 workers had salaries below this level. The law limits standard working hours to eight hours per day and up to 40 hours per week. The standard workday may be extended to 10 hours as long as the weekly maximum is not exceeded. The law requires compulsory time off on weekends and official holidays. An employee must have at least 11 hours off between workdays. Authorities effectively enforce these provisions.
The law limits
overtime to five hours per week plus up to 60 hours per year; however, authorities did not enforce these laws and regulations effectively, and some employers exceeded legal limits on compulsory overtime. Collective bargaining agreements may provide for higher limits.
The Labor Inspectorate regularly enforces laws that provide for mandatory
occupational health and safety standards. Workers may file complaints anonymously with the Labor Inspectorate, which may bring suit against the employer on behalf of the employee. However, workers rarely exercised this option and normally relied instead on the chambers of labor, which filed suits on their behalf. The law provides that workers have the right to remove themselves from a job if they fear serious, immediate danger to life and health without incurring any prejudice to their job or career, and the government effectively enforced this law.
See also
;Austria specific
*
Capital punishment in Austria
Capital punishment in Austria was abolished in 1787, although restored in 1795. Unlike other countries with a minimum age of 18, the Habsburg Law enacted in 1919 set the minimum age for execution in Austria to 20.
The method of execution in Austr ...
*
Freedom of religion in Austria
The Constitution provides for freedom of religion, and the Government generally respected this right in practice for all but a minority of religious groups. Government policy continued to contribute to the free practice of religion for all but ...
*
Human trafficking in Austria
Austria is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor.
Victims originate from Eastern Europe, Africa, and Asia. Austrians reportedly spen ...
*
Internet censorship and surveillance in Austria
*
LGBT rights in Austria
Lesbian, gay, bisexual, and transgender (LGBT) rights in Austria have advanced significantly in the 21st century. Both male and female same-sex sexual activity are legal in Austria. Registered partnerships were introduced in 2010, giving same-se ...
;General
*
Human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
*
Fundamental rights
*
Minority rights
*
International human rights instruments
*
List of human rights organisations
References
External links
"Austria", ''Annual Report 2013'' (covering the period January to December 2012), Amnesty International, 24 May 2013.
''Country Reports on Human Rights Practices for 2012'', Bureau of Democracy, Human Rights and Labor, U.S. Department of State, 22 March 2013.
"Austria" ''Report of the Working Group on the Universal Periodic Review'', UN Human Rights Council, 18 March 2011.
"Austria" Amnesty International Submission to the UN Universal Periodic Review, 12 July 2010.
{{Human rights