Ex-post control 3. Ex-post control 3.1 Anti-discrimination 3.1.1 General perception The importance of economic, social and cultural rights for minorities and groups at risk of discrimination is often underestimated in legislation and administration. There is still a lot to be done. National Human Rights Action Plan The Federal Government has set itself the objective of strengthening its commitment to human rights and the rule of law. As one measure, a “National Action Plan for Human Rights” is to be compiled with help from the AOB (Programme of the Austrian Federal Government 2013-2018, p. 75). This National Action Plan is to include existing sector action plans and show where there is a need for action. The state is the main party responsible for ensuring that human rights obligations are observed, with society following second. Human rights in relation to the state include different obligations, which can be briefly summarised as duties of respect, protection and warranty duties. In relation to non-discrimination, this means above all that the state is not only obligated to take no discriminating measures itself. Its obligation to protect means that it must also guard against discrimination by private individuals and create legal and institutional conditions which allow victims to effectively defend themselves against discrimination by governmental and non-governmental actors. In addition, the observance of human rights assumes appropriate convictions and attitudes, which cannot be asserted with legal means alone. Its many years of experience in monitoring administration have given the AOB an insight into the effects of administrative action on people’s everyday lives, where this results in discrimination or where this is not prevented. Discrimination and human rights violations are the most severe deficits imaginable in administration. In keeping with this, the AOB has always investigated human rights and discrimination in public administration. These tasks were further amplified and extended as of July 2012, when the AOB was assigned an explicit mandate under constitutional law to protect and promote human rights. Preventive monitoring and control aims to prevent human rights violations before they occur where possible. Both ex-post and preventive monitoring and control reveals how diverse the problems experienced by groups at risk of discrimination are. The AOB also hopes to integrate the results of its investigative activities into the legislative process by making suggestions for draft laws and amendments for 30

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