| For a summary of Austria’s review at the second cycle please click here. |
10th UPR session
Date of review: 26 January 2011
Date of report adoption: 18 March 2011
Document number: A/HRC/17/8
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SUMMARY SOGIESC issues during Austria’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
22. JS2 stated that equality for women and equal opportunities for migrants, refugees, minorities, particularly Roma, children, persons with disabilities and LGBT are not fulfilled.
Right to marriage and family life
37. JS 2 noted that lesbians and gays have a right to a registered partnership, which does not include the same set of rights as a marriage. Lesbians and gays do not have the possibility to adopt children, including stepchildren; they are also barred from reproductive medical assistance. The denial of a legal relationship to their partner’s child also violates child rights. JS 2 recommended that the authorities ensure rights for same-sex partnerships according to international standards.
Freedom of expression and right to participate in public and political life
38. JS 2 noted that there is an alarming degree of hate speech. Targets are particularly foreigners, migrants, asylum seekers and minorities (Carinthian Slovenes). The application – and especially non-application – of the provision against hate speech, which does not include religion and belief, age, sex, sexual orientation or disability, is a cause of concern. JS 2 therefore recommended more effective application of the provisions on hate speech.
II. Excerpts on SOGIESC issues from the national report
Fight against discrimination, xenophobia, racism and intolerance
47. The Federal Equal Treatment Act which is applicable in the private sector and the Federal Equal Treatment Act for Civil Servants and Employees contain law provisions on the protection against discrimination at work on grounds of gender, ethnic origin, religion or belief, age and sexual orientation.
48. The current legal framework guarantees overall protection against discrimination on grounds of gender, race or ethnic origin and against discrimination on grounds of religion or belief, age or sexual orientation. However, there are different levels of protection. Efforts aiming at a gradual harmonisation of all grounds of discrimination exist.
57. With the Act on Registered Partnerships, which entered into force on 1 January 2010, the first legal framework for cohabitation of same-sex couples was created. Consequently, numerous statutory measures took effect which entailed a clear improvement of the legal situation of same-sex partnerships. However, this does not yet include rights such as access to reproductive medicine or adoption of step-children. The association “Gay Cops Austria” was founded in 2007 providing a platform for gay and lesbian police officers; this has reduced prejudice and advanced awareness-raising within the police.
III. Excerpts on SOGIESC issues by UN agencies
Institutional and human rights infrastructure
6. In 2008, CERD welcomed the establishment in 2005 of the Ombudsperson for Equal Treatment irrespective of ethnic affiliation, religion or belief, age or sexual orientation in employment.
IV. References to SOGIESC issues during the Working Group review
22. The United Kingdom of Great Britain and Northern Ireland […] was concerned about persistent inequalities regarding the status of same-sex partners.
55. In addition to the general protection against discrimination on the basis of the European Human Rights Convention and the Law on Equal Treatment, since January 2010 same-sex couples in Austria had the possibility to register their partnership. Registered partnerships were in most aspects equal to marriage, e.g. the rights to subsistence and inheritance. There was presently no consensus in Austria with regard to the adoption of children by same-sex couples; therefore no legislative changes in this regard could be expected for the time being.
74. The Netherlands noted that Austria was a keen supporter of the United Nations system. It welcomed Austria’s commitment to equality and non-discrimination, including on grounds of sexual orientation and gender identity, although the Act on Registered Partnership maintained discrimination to some extent.
V. Conclusions and/or recommendations
Austria accepted the following recommendations:
93.32. Include a sexual orientation and gender identity perspective with regard to measures against incitement to hatred (Spain);
93.44. Ensure equal protection against all forms of discrimination, including on the basis of age, religion, sexual orientation and gender identity (Canada).
Austria noted the following recommendations:
93.49. Treat equally same-sex relationships with opposite-sex relationships, including the right to equal consideration for adoption and access to reproductive medicine (Netherlands);
94.10. Amend the legal status of same-sex partnerships to enable the right to adopt and have children (United Kingdom).
VI. Further information
You will find all documents relating to Austria’s first review at UPR-Info and OHCHR’s websites.