A basic problem is the fragmentation of protection against discrimination legislation in numerous, different federal and Laender laws.
As a result, the legal situation is not only confusing, but there is the
Fragmentation and
different levels of protection
risk that different levels of protection against discrimination are created, depending on the protected area. This is apparent, for example,
in the provisions of Section 31 of the Austrian Equal Opportunities
Act, which differentiates between gender, religion and world view, age
and sexual orientation on one hand and ethnic origin on the other.
Although it is the intention of the planned amendment to extend protection against discrimination with regard to the criteria of religion,
world view, age, and sexual orientation and to adapt it to that of
other criteria, such as gender or ethnic origin; however, the risk of
different levels of protection will continue to exist.
This becomes apparent within the scope of the topic of disabilities.
The purpose of the UN Convention on the Rights of Persons with Dis-
The area of disabilities
is regulated separately
abilities – the equal enjoyment of all human rights and fundamental freedoms, as well as protection against discrimination – must be
incorporated in all political policies and agendas. Equal treatment
of persons with disabilities has, however, not been harmonised with
other legislation and guidelines, but is regulated by way of its own
standards of protection and has therefore been separated from other
prohibitions of discrimination. This is not unproblematic with regard
to multiple discrimination and its enforcement under the law. In any
case, the uniform regulation of the prohibition of discrimination
would be positive in respect of the equality of the protected attributes.
Specific aspects of the various groups can all be taken into consideration, even in a single, uniform law.
Dialogue forums between government representatives and NGOs
should be set up by law. As inclusion is not a subject that can be dealt
Dialogue forums are
necessary
with in isolation, but must be considered in all political areas, a joint,
institutionalised dialogue within the meaning of the UN Convention
on the Rights of Persons with Disabilities and with the purpose of combating all forms of discrimination would be desirable. In this context,
the AOB would like to note that it considers a regular exchange of
ideas and information with the Monitoring Committee to be worthwhile in order to be able to properly fulfil its expanded mandate as
an independent supervisory agency for the purpose of preventing the
exploitation, violence or abuse of persons with disabilities.
As the EU Commission has determined, in order to achieve true equal
treatment of persons with disabilities, we need not only prohibitions
Adjustment of care allowances for inflation
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