Fundamental Rights Section 2.3.1.2.2 Unequal treatment of foreigners within the framework of the Victims of Crime Act [Verbrechensopfergesetz] (VA BD/194-SV/03) According to Art. 1 Par. 1 of the Victims of Crime Act, the Federal Ministry of Social Administration must obligate the Federation against restitution of benefits to provide assistance to victims of crimes or their survivors in accordance with this Federal act. It can be seen from Art. 1 Par. 2 and Par. 7 leg. cit. that. under certain conditions, this assistance is also to be provided to citizens of contractual parties to the EEA Treaty. According to Art. 41a of the Victims of Crime Act, similar services can be granted as compensation to the extent that special hardships obtain as set out in the statutes of this Federal act. Concerning the Federal Constitutional Act on implementing the international treaty on eliminating all forms of racial discrimination, the Constitutional Court of Justice pronounced in VfSlg 14.191/1995 that Art. 1 Par. 1 of this constitutional act “also [contains] the precept of treating foreigners equally – a precept also including the rule of objectivity; unequal treatment of foreigners is . . .therefore only permissible if and to the extent that there is a perceptible, equitable reason therefor and that such unequal treatment is not disproportionate.” In light of this judicature, the group of entitled persons established in Art. 1 of the Victims of Crime Act is a matter of concern in terms of constitutional law to the extent that, consequentially, a citizen of a country not subscribing to the EEA Treaty cannot enjoy the benefit of such assistance from the outset, even if he has lived for many decades in Austria and if the focus of his life is here, whereas a citizen of a contractual party to the EEA Treaty is entitled to all assistance benefits even is he has only a loose connection to the Republic of Austria. However, the constitutionality of the legal situation presented is to be affirmed if and because Art. 14a of the Victims of Crime Act is to be interpreted in line with the Constitution such that foreigners who are not citizens of a state contractual to the EEA Treaty but who nevertheless have a special connection to the Republic of Austria (e.g. due to having lived in the country for a long time) must also be granted “similar services.” In the AOB’s view, such an interpretation is in line with the Constitution and therefore possible and a precept (comp. VfSlg 16.122/2001). 18