Fundamental Rights Section In Austria it is widely accepted that children in our society need special protection. This should not only be an often-quoted catchword, but be actually legally implemented. The following cases are examples of issues that have not been dealt with yet by legislation and in case law. There seems to be an urgent need to legally regulate these issues and to include children's rights in the Constitution. 2.9.2 Anonymous birth – The Ombudsman Board proposes adoption and unification of relevant legislation (VA OÖ/279-SOZ/05, VA OÖ/449-SOZ/06) (Art. 7 of the CRC and Art. 8 ECHR) Due to her extremely difficult situation, Ms. N.N. decided to give birth to her child anonymously at the hospital. The child was then given up for adoption. A few months later, she turned to the youth welfare agency declaring that she would be ready to care for her child herself. In another case, a man turned to the Ombudsman Board assuming that his former partner would make use of the 'anonymous birth' option with respect to their child. He was looking for a possibility to establish his paternity of the child to safeguard his rights as a father. Due to the repeal of Sect. 197 StGB (Strafgesetzbuch – Criminal Code which penalizes the abandonment of minors (Federal Law Gazette I number 19/2001) a decree was issued allowing pregnant women in emergencies to deliver their children anonymously in specific public hospitals (Decree of the Austrian Ministry of Justice of July 27, 2001 on incubators and the 'anonymous birth' option, JMZ 4600/42-I 1/2001). The 'anonymous birth' option and the establishment of incubators is designed to protect new-born children whose mothers would otherwise bear their children without a doctor's help endangering their lives and the lives and health of their children or abandon them after birth (see report of the Committee on the Judiciary 404 BlgNR (Beilagen zu den Stenographischen Protokollen des Nationalrats - the collection of exhibits to the protocols of the Austrian National Council) 21st legislative period). Pursuant to the above-mentioned decree the 'anonymous birth' option is admissible in emergencies which might pose a serious threat to the health or life of the mother and/or her child (e.g. in hopeless situations). The youth welfare agency has to conduct, if possible, a private conversation with the mother-to-be, who is not obliged to disclose her identity, and to inform her, among other things, about consultative institutions. In individual provinces of Austria, the youth welfare agency is expressly obliged under provincial legislation to inform women about the consequences of an anonymous birth of their children and to provide for 70