Fundamental Rights Section
plaints, review cases, give recommendations, carry out research on discrimination and
perform proactive public relations work. The directives expressly provide that these bodies
may be part of an independent institution that is responsible for the protection of human
rights or the rights of individuals (e.g. Art. 13 of the EU Directive on Racism at national
level; see also the 29th Report of the Ombudsman Board to the National Council and
the Federal Council, page 307). With the adoption of the 'Paris Principles' - Principles relating to the status of national institutions (GV-Res.48/134, 1993)' in 1993, the United Nations established quality standards for independent, autonomous, non-judicial human rights
bodies. The criterion of independence, however, does not apply to the institutions established by the Austrian laws on equality.
Both the equal opportunities commissions for the public service and the private sectors and
the ombudspersons for equal opportunities are established within the Bundesministerium
für Gesundheit und Frauen (Federal Ministry of Health and Women), which pays the personnel and operating expenses from its budget. This case shows how important the provision of prompt and qualified advice to persons concerned is. At present, there is only one
ombudsperson responsible for the protection against discrimination in the private sector
(protection against discrimination on the basis of sex excepted) in all federal government
institutions. Also only one ombudsperson has been made responsible for discrimination on
the ground of ethnicity, in social protection, in the residential and education sector and in
other sectors in all federal government institutions. At present, both share one employee.
This lack of personnel shows that there is still a long way to go to establish efficient and
effective protection against discrimination.
The creation of the possibility in the Constitution to integrate the management of 'lawyers of
the public', as e.g. the Equal Opportunities Advisors, into the Ombudsman Board, as provided in the Government programme for the XXIII. legislative period, is therefore to be welcomed.
3.4.2
Expensive bus ride within a school excursion (VA BD/97-V/05)
Mr. N.N. is a teacher in a gymnasium (secondary school). Within a school excursion with
15-year old pupils, each pupil had to pay the full fare of € 6.60 for a bus ride of less than 20
km, since no reduction was possible. As opposed to rail travel (Vorteilscard), no general
reduction is granted to young people over 15 for rides on buses of the Austrian Federal
Railways. Pupils and/or young people over 15 must pay the full adult fare on all routes, except from and to the school, on which school commuting by public transport is free.
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