Collaboration
with NGOs
When working with NGOs in the area of anti-discrimination, the AOB
has found systematic infringements of human rights, e.g. during an
assessment based on a complaint submitted by the anti-racism NGO
ZARA. Numerous people had complained about the behaviour of
authorities in connection with criminal complaints about advertisements hostile to foreigners and other forms of racist discrimination.
2010 also saw inter alia the completion of extensive investigative
proceedings in connection with a complaint submitted by the "Klagsverband" (an umbrella organisation of NGOs working to combat
discrimination) and ZARA about various aspects of how the Equal
Opportunities Commission was conducting its operations. The outcome of these investigative proceedings was a series of legislative
proposals which were incorporated into the evaluation process for
the recent amendments to equal opportunities legislation. The AOB
also suggested that it would be helpful if the possibility of class
actions was introduced in this area.
34
International
criticism
The background to these proposals is that there have been various
international reports highlighting a need for improvement in combatting discrimination in Austria. For example, the 4th Report of the
European Commission against Racism and Intolerance (ECRI) was
critical of the lack of resources available to the equal opportunities executive bodies, and of the Equal Opportunities Commission’s
slowness in handling proceedings. It also criticised the fragmentary
legislation, institutions and proceedings in the area of equal opportunities law. The ECRI has recommended that the equal opportunities
legislation be overhauled, and that civil society and NGOs play a part
in this.
Unresolved issues
Although various AOB proposals were incorporated into the most
recent amendments to equal opportunities legislation, a number of
issues remain unresolved. Regrettably, although there were plans to
broaden the scope of protection against discrimination beyond the
world of work, so as to include discrimination on grounds of sexual
orientation, age, worldview or religion, this did not in fact happen.
The AOB has for a long time been calling for equal protection for all
against discrimination, e.g. most recently at Austria’s 1st Universal
Period Review (UPR) of human rights in Geneva on 26 January 2011.
Evidently the AOB must continue calling for measures of this kind.
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