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discrimination and must be rescinded immediately.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has therefore rescinded the relevant statutory provisions effective as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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents