Anti-Discrinination
recent events and to encourage settlement negotiations as is stipulated in
legislation.
Adequate resources
necessary
However, it is not anticipated that this will result in a significant acceleration
of the proceedings, the Chairperson emphasised. To achieve this, structural
changes are necessary. It is viewed as a fundamental problem that the
chairmanship is an honorary position but from the work involved, it is a
full-time job. There is also a significant bottleneck with regard to personnel
in the secretariat and clerks.
Unequal access to
justice in the Laender
Furthermore, the fact that a below average number of petitions is received
by Senate I of the Equal Treatment Commission from the Laender, with the
exception of Vienna and Lower Austria, shows that there is unequal access
to justice in the individual Laender. As a solution, the establishment of
additional Senates I of the Equal Treatment Commission is recommended –
at least in the jurisdiction of each of the Higher Regional Courts.
The Federal Ministry of Education and Women’s Affairs emphasised in its
remarks to the AOB that Senate I has more personnel resources available
than the other Senates of the Equal Treatment Commission. However, it
announced that the evaluation and further development of equal treatment
instruments planned within the scope of the government programme will
take the idea of reducing the duration of the proceedings into consideration.
The AOB has long advocated an acceleration of the proceedings before the
Equal Treatment Commission. Therefore, any steps taken thus far by the
legislators in this direction are welcome. However, it is absolutely necessary
that sufficient financial and personnel resources be made available, which is
why a serious discussion of the suggested measures is urgently recommended.
Support and representation of victims of multiple discrimination
Victims of multiple discrimination are advised and supported by
several members of the Ombud for Equal Treatment, who specialises
in different types of discrimination. However, in accordance with the
amendment to the law, they may only be represented by one member
in the proceedings before the Equal Treatment Commission. It must be
ensured that victims of multiple discrimination can also continue to
have full support and representation by the Ombud for Equal Treatment
that is competent as to the specific content.
The Ombud for Equal Treatment approached the AOB, as ambiguities
in the law have come up during proceedings before the Equal Treatment
Commission since the most recent amendment of the Austrian Federal Equal
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