Fundamental rights section Art. 12 EC Treaty prohibits any discrimination of EU citizens for reasons of citizenship. Pursuant to Art. 3 Reg. (EEC) No. 1408/71, EU citizens who live and work in Austria and the members of their family must be treated the same as Austrian citizens with regard to social-security benefits. Art. 7 Para. 2 Reg. (EEC) 1612/68 further provides that employees who are citizens of a member state enjoy the same social and tax benefits in the territory of a member state as domestic employees do. The requirement of equal treatment also applies to families from the EEA as well as Switzerland. According to the rulings of the ECJ, a member state discriminates against the citizens of the other member states if it makes the payment of birth and maternity benefits contingent upon the requirement that the recipient has lived in its territory before. Such a regulation constitutes a violation of Art. 7 Para. 2 of Reg. (EEC) No. 1612/68, of Art. 52 of the EC Treaty as well as of Reg. (EEC) No. 1408/71 (ECJ, Rs C-111/91, Commission vs. Luxemburg). The Ombudsman Board therefore recommended to the Carinthian Provincial Government that it should quickly bring its subsidy directive into conformity with EC law. As a reaction to the investigation of the Ombudsman Board, the Carinthian baby allowance was extended to families from the EU and EEC area as well as from Switzerland. The Ombudsman Board’s recommendation to delete the residence clause that demands at least two years of residence in Carinthia without replacement, as it constitutes an indirect discrimination, has not yet been followed by the Carinthian Provincial Government. At present, besides this case, an ex officio examination in other Bundesländer (Burgenland, Upper Austria, Salzburg, and Vienna) that also make the payment of comparable family benefits from the Provincial budget contingent upon a minimum period of residence is also pending before the Ombudsman Board. As a result of the examination, one Province, the Burgenland, has already changed its law and repealed the condition for subsidy of a minimum one-year residence of the Province criticized by the Ombudsman Board. 3.7.1.3. Discriminatory treatment by police officers A complainant felt that she had been discriminated by the conduct of police officers and their way of expressing themselves during an official action. The Cypriote citizen N.N. was on a oneweek stay in Austria together with her two children and her husband, who is an Indian citizen. 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008 29