Anti-Discrinination
of such discrimination to the greatest extent possible in the future. It can
give general recommendations to public administration to change their
practice, it can make suggestions for amendments to laws and it can report to
Parliament regarding structural problems and suggestions for improvement.
By organising and participating in events and training on topics related
to anti-discrimination, experience can be shared and information can be
disseminated through the AOB as an institution that ensures legal protection
and as the Human Rights House of the Republic of Austria. The AOB is
also asked again and again by European and international bodies for the
protection of human rights about its experiences and receives requests for
suggestions for improvements.
AOB reports to ECRI
The European Commission against Racism and Intolerance (ECRI) is
an independent monitoring body of the Council of Europe that monitors
compliance with human rights in connection with combating racism and
intolerance. The fifth monitoring cycle is currently ongoing, during which
all of the member states of the Council of Europe are being examined as to
their situation relative to racism and intolerance. This process is concluded
by the country report that contains recommendations for the solution of any
problems that have been found.
When the Austrian country report was being prepared, a delegation from
ECRI visited the AOB in November 2014. The AOB reported to ECRI regarding
structural deficits and its efforts to achieve improvement of the protection
against discrimination, as it reports regularly in the anti-discrimination
section of the Annual Report. The report from ECRI will likely be published
in September 2015, including a statement from Austria.
Improvement of prohibition of discrimination under administrative criminal law?
Efficient protection against discrimination requires adequate legal
bases as well as sensitivity and knowledge on the part of the enforcing
authorities. This is also a fundamental requirement so that the persons
affected have confidence in the agencies empowered by the State.
Amendment of
the law upon AOB
recommendation
46
As of September 2012, upon recommendation of the AOB the prohibition of
discrimination under administrative penal law relative to access to public
assets and services due to ethnic origin, religion or disability (Section III
(1) (3) of the Introductory Act to the Administrative Procedure Acts was
changed. This amendment of the law was supposed to effect an extension
of criminal liability to discriminating practices that the AOB had previously
determined in two findings of maladministration in 2007 and 2011. In these
cases the AOB found that job and residential advertisements specified as
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