Fundamentals rights section Owing to her lacking knowledge of German, the complainant was not able to give a “verbatim account” of the insulting statements the police officers made. But as N.N. is professionally concerned with discrimination and racism as a university professor, the Ombudsman Board had no reason to doubt the credibility of her statement. She had felt discriminated “by the hostility” of the police officers during the official act that, for example, showed itself in “threats” by the officers to take the complainant and her family to the police station that lasted almost 10 minutes. The complainant gained the impression that the officers had above all treated her and her family in such an unfriendly manner because of her “southern appearance”. The regulation based on the Law on the Security Police stipulates that police officers in fulfilling their duties must refrain from everything that could cause the impression of discrimination because of skin color and/or national or ethnic origin. This could not be convincingly demonstrated by the comments of the Federal Ministry of the Interior. The Ombudsman Board therefore requested the Federal Ministry of the Interior to emphasize this topic in further training for the police forces. According to a report of the EU Commission, Austria is the country with the worst assessment in the category “Directive not transposed at all” regarding the application of the relevant directive 2004/38/EC concerning the right of the citizens of the Union and their family members to move freely and reside in the territory of the member states. The Ombudsman Board will therefore continue to observe the development of laws in Austria regarding the implementation of the directive. 3.7.2. Discrimination based on religion or belief 3.7.2.1. Freedom of religion and autopsies The basic right to freedom of religion also includes the freedom to exercise one’s religion by observing religious customs. If the relatives of a decedent argue against an autopsy for religious reasons, it may only be performed if this is necessary in particular for reasons of health protection. In any case, the persons concerned must be comprehensively informed about a necessary autopsy. The son of the complainant had a brain damage since birth and died at the age of nine months in the Vienna General Hospital. The parents are adherents of the Islamic faith and turned to the Ombudsman Board, as they felt their religious feelings had been injured by the procedure of the hospital regarding the autopsy of their son. Immediately after the death of their son, they had 30 32nd Report of the Austrian Ombudsman Board to the National Council and the Federal Council 2008

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