AUSTRIA-SOGI-TBs-CCPR

Concluding Observations on Report 5 (2015) (Link)

3. The Committee welcomes the following legislative and institutional steps taken by the State party:

(b) The establishment of the Vienna Anti-discrimination Office for Same-sex and Transgender Lifestyles, tasked with eliminating discrimination against lesbian, gay, bisexual, transgender and intersex persons;

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Anti-discrimination framework

11. The Committee is concerned that the multiple pieces of anti-discrimination legislation and institutions at the federal and provincial levels may negatively affect the ability of victims to claim their rights and obtain a remedy. It is also concerned that the Federal Equal Treatment Act fails to afford equal protection against all forms of discrimination and notes in particular the lack of protection against discrimination on the basis of religion and belief, age, sexual orientation and gender identity in gaining access to goods and services (arts. 2 and 26).

12. The State party should consider amending the Equal Treatment Act, the Employment of Disabled Persons Act, the Equality of Disabled Persons Act and relevant provincial laws, with a view to ensuring equal substantive and procedural protection against discrimination with regard to all prohibited grounds of discrimination in the private and public sector.

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Concluding Observations on Report 4 (2007) (Link)

8. The Committee notes that the Equal Treatment Act, the Employment of Disabled Persons Act and the Equality of Disabled Persons Act provide protection against discrimination on grounds of ethnic origin and disability at work and in other areas such as social security, housing, education and health. However, it notes with concern that protection against gender discrimination is less comprehensive and that protection against discrimination on grounds of age, religion and sexual orientation is limited to ‘work’ only under the Equal Treatment Act. It is also concerned that such hierarchisation of discrimination grounds can also be found in Provincial laws, and that in cases covered by the Acts concerning disabled persons, victims must seek an out-of-court settlement prior to filing a court action. (arts. 2 (1), 14 (1), 26)

The State party should consider amending the Equal Treatment Act, the Employment of Disabled Persons Act, the Equality of Disabled Persons Act and relevant Provincial laws, with a view to levelling up and ensuring equal substantive and procedural protection against discrimination with regard to all prohibited grounds of discrimination.

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Concluding Observations on Report 3 (1998) (Link)

13. The Committee considers that existing legislation on the minimum age of consent for sexual relations in respect of male homosexuals is discriminatory on grounds of sex and sexual orientation. It requests that the law be revised to remove such discriminatory provisions.

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Concluding Observations on Report 2 (1991) (Link)

[no mention]

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Concluding Observations on Report 1 (1983) (Link)

[no mention]

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