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
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