Anti-Discrimination
An improvement of legal protection possibilities is being recommended.
For example, the ability to file a claim for abatement and removal and a
claim for injunctive relief in the event of perceived discrimination should
be established, specifically, but not exclusively in the case of a lack of
accessibility, truly effective compensatory damages should be introduced
and the law in respect of the right of collective redress, which is currently
only possible to a very limited extent in the area of equal opportunities for
persons with disabilities, should be expanded.
Legal protection and
institutions
However, institutions specialising in equal treatment must have adequate
resources to fulfil their responsibilities effectively, particularly in the Laender.
Several National Action Plans (NAP) that provide for human rights measures
for groups that are especially susceptible to discrimination, such as a NAP on
Disability, a NAP for Gender Equality in the Labour Market and a NAP on
Integration currently already exist. According to the governmental accord,
these already existing sectoral National Action Plans will be placed in a
common framework and supplemented by the new NAP for Human Rights.
Accordingly, the suggestions made by civil society also contain concrete
measures regarding equal treatment and protection from discrimination
against particularly vulnerable groups, such as persons of different ethnic
origin. Sensitisation measures to counter racism and prejudice are seen
as necessary both for authorities empowered by the State (police, courts,
public prosecutors’ offices, etc.) as well as for the general public. Another
recommendation is to create an independent office to examine allegations
of discrimination and racist behaviour and abuse by public officials – in
particular by police and prison guards. An anonymised job application form
for the civil service is recommended to reduce discrimination against persons
with foreign names who are looking for work. Additional suggestions in this
area include improvements in asylum law, an improvement of the incitement
provision in criminal law, data collection of racially motivated actions and
the implementation of all fundamental rights for indigenous ethnic groups.
Anti-racism and
integration of persons
with different ethnic
origins
Many suggestions relate to the elimination of barriers and inclusion of
persons with disabilities. It has been suggested that individual provisions
of the UN Convention on the Rights of Persons with Disabilities (CRPD) be
included in the Austrian Federal Constitution and that it be made mandatory
that accessibility – as part of mainstreaming of persons with disabilities – be
a consistent objective. Furthermore there should be a clear distribution of
responsibilities with regard to action by the State.
Accessibility and
inclusion of persons
with disabilities
The problem of diverse and unclear standards and benefits for persons with
disabilities at both the federal and the Land level is often mentioned. There
are particular calls for coordination with the Laender and the creation
of action plans by the Laender, as well as the harmonisation of various
benefits provided by the Laender for persons with disabilities. There are
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