After another examination, the Vienna Public Regional Health
Insurance Office undertook to cover the costs for both operations. In
the statement of grounds, reference was made to the German Federal
Social Court, which assesses bra size A as the benchmark for covering
costs within the scope of gender reassignment surgery.
The Association of Social Security Institutions, which was contacted
with regard to a standardisation of such issues, considers generally
valid rules for the assumption of costs to be unnecessary. It informed
the AOB that these are individual cases that required that the overall
picture and medical-psychological topics be part of a resolution and
this could not be adequately represented by way of statutory provisions.
No matter how difficult the relevant considerations are, a non-discriminatory approach to medical services can only exist if it remains
undisputed and there are evaluation criteria that build on the premise that such questions do indeed fall into the catalogue of services
covered by statutory health insurance.
Individual case: VA-BD-SV/0818-A/1/2012;
see also Annual Report 2011, VA-BD-SV/742-A/1/2011
Discrimination based on nationality or ethnic origin
The AOB welcomes the expansion of the prohibition of discrimination in administrative criminal law
An amendment of the law that came into force on 1 September
2012 implemented a recommendation by the AOB and created
more efficient prosecution and punishment of discriminating
practices.
VA criticises inadequate protection
against discrimination
For a long time, the AOB has been pointing out the unadequate implementation of the prohibition against discrimination based on ethnic origin with regard to access to public places and public services.
As previously reported, in its collective decisions taken in 2007 and
2011, the AOB determined that there was maladministration on
the part of the authorities insofar as the inconsistent and inefficient
enforcement of Art. III (1) (3) of the Introductory Act to the Administrative Procedure Acts 1991 could not fulfil Austria's international,
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