CEDAW/C/64/D/67/2014
The remaining subject matter of the proceedings was thus merely the costs of her
representation in the fiscal proceedings. The author and the legal representative of
the Federal Government agreed to terminate the proceedings also in respect of the
author’s remaining requests (the award of the costs of her representation in the
fiscal proceedings). The author subsequently submitted a letter dated 27 April 2012
to the court with an announcement of the intention of both parties not to attend the
next court hearing. After both parties stayed away from the next court hearing of
their own free will, the proceedings were terminated with final effect.
4.5 The State party maintained that its Federal Constitutional Law contains
comprehensive prohibitions against discrimination and referred to article 2 of the
Basic Law on the General Rights of Nationals 22 and to article 7 of the Federal
Constitutional Law. Any discrimination on grounds of gender is expressly
prohibited. This has also been recognized by the Constitutional Court in its case law
for decades. 23 Article 14 of the European Convention for the Protection of Huma n
Rights and Fundamental Freedoms is of constitutional standing in the State party
and provides that the rights set forth in that Convention shall be secured without
discrimination on grounds of gender. All entities acting on behalf of the State party,
including the legislature, must have regard to this prohibition against
discrimination. The Constitutional Court reviews compliance with this prohibition
and can even set aside laws violating that principle.
4.6 The State party further submitted, with regard to regulating prostitution, that,
at the level of federal legislation, the Venereal Diseases Act 24 permits the issuance
of regulations governing health precautions and the supervision of persons
tolerating sexual activities on their own bodies for commerci al purposes or
performing such activities on others. Based on that provision, the Regulation for the
Health Control of Persons Engaged in Prostitution 25 was issued. This regulation
requires persons tolerating sexual activities on their own bodies for commer cial
purposes or performing such activities on others to undergo a medical examination
by a public health officer before beginning such an activity and afterwards, at
regular one-week intervals, to determine whether they are free of venereal diseases.
These persons receive a card (also referred to as a “control card”) as proof of the
proper conduct of the examination. Moreover, under the AIDS Act of 1993, 26 any
person wishing to work as a prostitute must undergo an HIV infection examination
by a public health officer before such activity and afterwards at regular intervals, at
least every three months. The Lower Austrian Prostitution Act 27 requires persons
entitled to use buildings or parts of buildings intended to pave the way for and
engage in prostitution activities on a regular basis to notify the municipality in
advance, giving their name and address. The above legal provisions apply to men
and women alike. Since prostitution is not restricted to women, men engaging in
prostitution must also comply with the above legal provisions. There is thus no
discrimination against women as a result of these provisions.
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23
24
25
26
27
16-13831
Imperial Law Gazette No. 142/1867 (in its current version).
Ruling of the Constitutional Court of 21 March 1952, VfSlg. 2268/1952.
State Law Gazette No. 152/1945, as amended by Federal Law Gazette vol. I, No. 98/2001,
section 11, para. 2.
Federal Law Gazette No. 314/1974, as amended by Federal Law Gazette No. 591/1993.
Federal Law Gazette No. 728/1993, as amended by Federal Law Gazette vol. I, No. 98/2001.
Regional Law Gazette No. 1984/89, as amended by Regional Law Gazette No. 2006/106.
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