Fundamental Rights Section
with the principle of a 'fair trial' to not provide persons who do not understand the language
of the proceedings with the services of an interpreter (see Hauer/ Leukauf, Handbuch des
österreichischen Verwaltungsverfahrens, 2003, p. 430).
Accordingly, Sect. 39 AVG (Allgemeines Verwaltungsverfahrensgesetz - General Administrative Procedure Act) provides that a party or a person to be heard who does not understand German, is deaf-mute, deaf or mute shall be provided with the services of an interpreter, where necessary. The tasks of a 'labour trainer' should be clearly distinguished from
those of a qualified interpreter. Therefore, qualified sign language interpreters must be appointed in proceedings which directly affect the rights of deaf or hard of hearing people.
3.3.3
Barrier-free access to open-air metro (VA BD/99-V/06)
Pursuant to Art. 7 para. 1 B-VG (Bundesverfassungsgesetz - Austrian Federal Constitution)
the Republic of Austria commits itself to ensuring the equal treatment of disabled and nondisabled persons in all spheres of everyday life. A number of measures must be taken to
ensure the effectiveness of the respective constitutional provisions. For many people the
use of public transport is an important sphere of their everyday lives. The BundesBehindertengleichstellungsgesetz (Federal Act on Equal Treatment of Disabled Persons)
contains the obligation to make all trains barrier-free accessible until 2016.
The open-air metro in the Vienna metropolitan area has become an essential factor for the
mobility of many people. Unfortunately, only some open-air metro stations provide an easy
train access for people with disabilities. Many open-air metro stations on the main route in
Vienna, like Traisengasse, Südbahnhof, Südtiroler Platz und Matzleinsdorferplatz, do not
provide barrier-free access for people with disabilities. The same applies to important stations like Gänserndorf or Korneuburg in the wider metropolitan area of Vienna.
The Ombudsman Board therefore referred the problem ex officio to ÖBB (Österreichische
Bundesbahnen - Austrian Federal Railways) which confirmed in their statement of
March 10, 2006 that the Vienna open-air metro network plays an important role in public
transport and that attempts were made to provide barrier-free access to trains for people
with a health disability in all main stations of the open-air metro network in Vienna and in
provincial and district capitals. ÖBB (Österreichische Bundesbahnen - Austrian Federal
Railways) hope that the participating provinces and municipalities will make adequate contributions to finance the project. ÖBB (Österreichische Bundesbahnen - Austrian Federal
Railways) announced that the stations specifically mentioned by the Ombudsman Board will
be integrated in conversion concepts within the Vienna Central Station project. Also the
stations in the district capitals Gänserndorf and Korneuburg will be provided with barrierfree access to trains after the necessary funds have been provided.
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