Anti-discrimination
Test requirement as
insurmountable
obstacle
According to the hitherto prevailing conditions set down in the fishing laws of
the Laender, those interested had to pass a fishing test in order to be allowed
to take part in the sport on a regular basis. In most cases, this posed an
insurmountable obstacle for persons with disabilities. Without a fishing test,
one can only practice this sport with a guest card for a limited period of time.
AOB recommendation
received positively
This does not comply with the regulations of the UN CRPD, which demand
the equal right to participation in recreation, leisure and sporting activities.
The AOB also criticised the de facto exclusion of persons with disabilities from
fishing and made reference to scientific evidence that fishing has positive
effects on persons with severe disabilities. The AOB suggested either to create
a regulation applicable for the entire country or to change the fishing laws
in the Laender in order to make it possible for persons with disabilities to
practice the sport. The existing regulations for minors and children could be
used for orientation purposes. Persons with disabilities should be allowed to
go fishing accompanied by someone who has a valid fishing licence. This
suggestion was taken up positively by all Laender, and changes in legislation
were announced.
New regulation in
Vorarlberg
Vorarlberg was the first Land to create the following new legal regulation in
their fishing law: “A permit may be granted to persons with disabilities who
are unable to provide proof of their professional ability in the form of a fishing
licence pursuant to §14 under the condition that they may only fish when
accompanied by a person who is professionally qualified to fish … The Land
Government shall enact the detailed provisions regarding the professional
ability per regulation. Therein shall be set down in particular … that fewer
requirements shall apply for persons who have not yet completed their
16th year as well as for persons with disabilities.” The change in legislation
shall become effective on 1 January 2017.
More Laender to follow
Draft legislation has existed in Carinthia since the summer of 2016 and is
currently being debated in the Diet. The Laender of Burgenland, Tyrol and
Vienna announced relevant changes in legislation for 2017. A change is
foreseen for the next amendment to the fishing law in Styria. Even Salzburg,
who was hesitant at first, has announced the inclusion of a pertinent provision
in the next amendment of the fishing law. In Upper Austria, the suggestions
gathered concerning this topic are currently being discussed on the political
level. In Lower Austria, a relevant provision to make fishing easier for persons
with disabilities was, despite being announced, regrettably not included in the
most recent amendment to the fishing law.
The AOB hopes that the announced changes in legislation will be enforced
quickly in all Laender.
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