Investigating human rights
Determine causality
According to the Act on Crime Victims, claims are considered if it can probably
be assumed that treatment costs or a reduction in the capacity to work have
occurred. In the expert opinion obtained from the Ministry of Social Affairs
Service information on which illnesses are associated with the abuse suffered
and which are not has to be provided. It must be traceable whether the health
implications of abuse (causal damage to health) have influenced the career,
or other factors or health problems have had an adverse effect on the career.
Claimants reported to the AOB that they felt they were not taken seriously by
the staff of the Ministry of Social Affairs Service or the experts. The rejection of
their claims was often perceived as questioning the trauma they had suffered.
In many cases, it was concluded that the trauma caused permanent health
problems such as post-traumatic stress disorders, but an adverse effect on the
career of the abuse victims was nearly always negated. The AOB criticised that
some of the declaratory proceedings were executed poorly because concrete
information on the crimes suffered had not been documented properly.
Three-year processing
time
Those affected also found the duration of the proceedings both with the
Ministry of Social Affairs Service and in the complaint proceedings at the
Federal Administrative Court very stressful. In one case, an abuse victim who
placed a claim for payment of a benefit pursuant to the Act on Crime Victims
in September 2013 only received notification from the Ministry of Social Affairs
Service in April 2016.
Better understanding of
victims of abuse
The AOB thus repeats emphatically that more sensitivity and understanding
are necessary for persons suffering from mental illnesses in particular.
2.2.2
Family and youth
Family allowances and child care benefits - waiting time for family
benefits violate EU law
In the year under review, the AOB was repeatedly confronted with problems
in Austrian administrative practice regarding the coordination of family
allowances and child care benefits within the EU. The AOB has already
addressed this matter repeatedly in previous years. Under the EU’s country
of employment principle, family benefits are primarily received from the
EU member state in which the parents are employed. In case of secondary
responsibility, the other member state can be required to pay the difference
(“equalisation payment”).
Country of residence
has to provide benefits
temporarily
48
In the year under review, numerous families living in Austria contacted
the AOB because they had already waited many months to be granted
family allowances and child care benefits. The evaluations carried out by
the authorities of different states can be very time-consuming. In most
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