Fundamental Rights Section 2.6 The Principle of Equality (Article 7 B-VG – Federal Constitution, Article 2 of the Staatsgrundgesetz (Basic Law of the State) 2.6.1 A. Legislation 2.6.1.1 Treatment of students of nursing schools (VA W/260-VERK/06, BMSG-530101/0012-V/10/2006) Ms. L. turned to the Ombudsman Board in connection with the treatment of students of nursing schools in Vienna by 'Wiener Linien' (Vienna Public Transport Department) arguing that the latter were worse off than all other pupils, students and apprentices with respect to free school commuting by public transport on Sundays and holidays. The Ombudsman Board points out that also the provisions of the Familienlastenausgleichsgesetz – FLAG (Family Relief Act) on the reimbursement of fares must comply with the requirements emanating from the principle of equality of the Federal Constitution. As the VfGH (Verfassungsgerichtshof – Constitutional Court) has explicitly pointed out in its rulings VfSlg 13.890/1994 and 16.820/2003, a restriction of a benefit to specific employment relationships may be justified under the principle of equality only if certain conditions are fulfilled. In the second case mentioned above, the VfGH considered it a violation of the principle of equality if apprentices are excluded from reimbursement of fares only because the legislator has chosen not to regulate apprenticeship contracts. Furthermore, the VfGH explained in its ruling VfSlg. 8793/1980 twenty-five years ago that for assessing whether provisions of the FLAG comply with the principle of equality the 'economic burden resulting from the care for a child is stated as the prime criterion pursuant to the system provided by the legislator in the FLAG.' The 'economic burden' referred to by the VfGH is independent of whether or not the child has entered into an apprenticeship contract or attends a nursing school. In the light of these rulings of the VfGH the equal treatment of apprentices and students of nursing schools with respect to the use of public transport at favourable conditions is required unless there are substantial and compelling reasons justifying an unequal treatment. The Ombudsman Board therefore recommended a legislative amendment reflecting the desire of the complainant to enable students of nursing schools to use public transport at favourable conditions. 53