Anti-discrimination
The admission of women refugees and their children to women’s shelters in
situations of acute danger or in a crisis situation after domestic violence is
possible in several Laender regardless of the residence status, that is, also for
women refugees and their children. In some Laender, women refugees can
only stay in a women’s shelter for a short period of time. Additionally or as
an alternative to women’s shelters, several Laender report on houses available
exclusively to women refugees and their children within the basic provision
agreement.
In the opinion of the AOB, the necessary guarantee of the protection and the
safety of all persons in Austria, in particular of women refugees and their
children, is derived from the universal human rights.
Protection against
violence regardless of
residence status
This is expressly stated in the Istanbul Convention – the convention of the
Council of Europe for the prevention and combatting of violence to women
and domestic violence – that was ratified by Austria and has been in force since
2014 (in particular Article 4 and 23). This requires that the signatories create
measures to protect female migrants and refugees and their children against
violence. According to the Convention, sufficient suitable and easily accessible
protective accommodation, above all women’s shelters, with relevant security
standards shall be provided for all women and children who are victims of
violence. The EU Reception Conditions Directive (2013/33/EU) obligates
member states to take suitable measures to prevent attacks and gender-based
violence including sexual assaults and harassment in the accommodation
facilities (Article 18 (4)).
Regardless of the prevailing legal situation of the respective Land, it must be
ensured on grounds of the protection of human rights that women refugees
and their children must be guaranteed the same protection from domestic and
any other type of violence as all women living in Austria.
The situation of particularly vulnerable women and the protection of women
and their children against violence is given special attention through the AOB’s
preventive human rights mandate and the visits made by the commissions to
the basic provision facilities. But also, within the framework of the ex-post
control, the AOB will pursue every indication of problems in the protection of
women against violence, be they women refugees, beneficiaries of subsidiary
protection or other groups.
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