Anti-discrimination Persons from certain countries who want to live in Austria for a long time have to undergo a mandatory tuberculosis examination in the first years of their stay in order to prevent the spread of the disease. The definition of this group of people and the question of how often they have to undergo this examination are, however, regulated differently from Land to Land. Mandatory examination for persons immigrating from certain countries The investigation was triggered by a complaint from a woman from Serbia who had been living in Carinthia for three years and had to undergo a mandatory TB x-ray examination every year. She perceived the fact that she had to be examined in the following two years even though there were no adverse findings during the first examination as discrimination. If she lived in Burgenland, for example, she would not have had any further mandatory examination, as mass screening is only necessary three years after taking up residence. In Styria, on the other hand, TB screening is mandatory for seven years. In some other Laender, a further examination is only necessary when required. The AOB obtained a medical statement of opinion which found that subsequent examinations are only justified from a professional and economic viewpoint if the result of the first examination indicates suspected latent tuberculosis. It also recommended to regularly align the list of those countries whose citizens are subject to a tuberculosis examination with the epidemiological development in the individual countries. With these medical observations, the AOB saw the differing practical implementation of the Laender, in particular the automatically planned yearly subsequent examinations for a period of up to seven years – without any suspected illness – as unjustified. Unnecessary or exaggerated mandatory examinations for people from other countries who wish to live in Austria constitute a violation of the physical integrity protected under Article 8 of ECHR and discrimination on the grounds of nationality. The AOB thus recommended a harmonisation of the regulations and the abolition of exaggerated mandatory examinations. Regulations of some Laender exaggerated The Federal Ministry of Health and Women’s Affairs shared the reservations of the AOB and announced nationwide harmonisation of the regulations. The associated ministerial draft failed, however, due to resistance in the review procedure. The suggested harmonisation was positively received by several stakeholders in the review process and it was emphasised that there were no objections to the implementation of nationwide standards from the medical point of view. Howevern, individual Laender feared an increase in the financial and personnel cost, in case the Federal Government extends the group of persons to be examined. Planned harmonisation failed 43