Completion dates for solutions postpoined by legislators Pursuant to the Disability Equality Act, which entered into force in 2006, existing barriers in Federal buildings must be eliminated in a step-by-step manner by the end of 2015. The AOB has criticised the fact that to save money this ten-year transition period has now been extended by a further four years, to the end of 2019. This puts Austria in contravention of its international obligations pursuant to the UN Declaration on the Rights of Disabled Persons, which has only been in force for a rather short time. Discrimination based on gender PUBLIC TRANSPORT PASSES - DISCRIMINATION AGAINST MEN The AOB has received numerous complaints from male users of trains and buses, because passes offering special rates for pensioners are available to women over the age of 60, but to men only from the age of 65 up. In 2009, the AOB came to the conclusion that these differing age limits constituted gender discrimination, and has called for this situation to be rectified. The Equal Opportunities Commission concurred. Constitutional Court concurred A December 2010 ruling by the Constitutional Court also concurs with the AOB: the differing age limits for men and women constitute discrimination and must be rescinded immediately. Tying reductions in public transport fares to the differing statutory pension ages in fact does nothing to offset the existing disadvantages affecting women (i.e. lower pension payments and disadvantages with regard to social security due to child-rearing). Infringement of the guarantee of equal treatment A lower age limit for women for eligibility for public transport fare reductions cannot be deemed a social benefit for offsetting specific disadvantages affecting women. It infringes the guarantee of equal treatment under EU law and Austrian law. The Constitutional Court has therefore rescinded the relevant statutory provisions effective as of 31 December 2011. Swift solution needed Independently of this one-year transition period, it should be duly noted that the EU equal treatment regulations are directly enforceable, and infringements thereof should therefore be rectified imme- 40

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