| For a summary of Austria’s review at the first cycle please click here. |
23rd UPR session
Date of review: 5 November 2015
Date of report adoption: 22 December 2015
Document number: A/HRC/31/12
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SUMMARY SOGIESC issues during Austria’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
12. AI stated that Austria did not take steps to close protection gaps, despite its acceptance of the 2011 UPR recommendations to strengthen and harmonize antidiscrimination legislation. Those gaps included the lack of protection against discrimination on the basis of religion, age and sexual orientation in access to goods and services, as well as legal inequalities between registered same-sex partnership and marriage. It concluded that the Anti-Discrimination Law did not ensure equal protection against all forms of discrimination. JS3, JS7 and Klagsverband made similar observations.
13. CoE-Commissioner stated that affording the same level of protection across the different grounds of discrimination should be a priority. AI recommended that Austria ensure equal protection from all forms of discrimination, including by harmonizing and extending the scope of anti-discrimination laws to include the grounds of religion, age and sexual orientation. Klagsverband, JS3 and JS7 made similar recommendations.
23. JS3 recommended that Austria implement the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.
Right to privacy, marriage and family life
40. JS7 stated that Austria did not legally recognise a marriage between same-sex partners. JS3 made a similar observation. AI recommended abolishing all legal inequalities between registered same-sex partnership and marriage.
II. Excerpts on SOGIESC issues from the national report
Sexual orientation
79. An important step for equal treatment of same-sex relationships has been made with the adoption of the Registered Partnership Act. Subsequent to the judgement of the ECHR of February 19, 2013, the adoption law was amended in 2013 in order to allow a so-called stepchild adoption for same-sex couples. Due to a judgement by the Constitutional Court of December 10, 2013, the laws for medically assisted reproduction were amended, so that the use of sperm-donation will also be possible for registered same-sex partners. Subsequently, the legal provision which prohibited joint adoption of a child by registered partners was rescinded through a judgement of the Constitutional Court of December 11, 2014. Implementation of this judgement is currently ongoing. Representatives of civil society also demand that all persons have access to all legal partnership models.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
17. While persons in same-sex relationships could have their partnership registered, measures had been taken to identify any remaining differences in the way in which samesex and heterosexual relationships were treated in order to address them.
35. The United Kingdom of Great Britain and Northern Ireland welcomed measures against Islamophobia and a decision on the adoption of children by same-sex couples. It encouraged Austria to combat all forms of discrimination.
59. Canada encouraged Austria to continue to promote equality, counteract discrimination and improve the status of lesbian, gay, bisexual, transgender and intersex persons, and to strengthen policies and programmes to combat discrimination, xenophobia and racism.
77. […] The Government had been working to address the remaining issues that same-sex partners faced, including the adoption of children.
83. Germany […] was concerned about discrimination against lesbian, gay, bisexual, transgender and intersex persons.
90. Iceland […] regretted the vote by the National Assembly against same-sex marriage in 2015.
94. Ireland […] noted that Austria did not recognize marriage between same-sex partners despite the adoption of the Registered Partnership Act.
105. The Netherlands welcomed the ruling of the Constitutional Court allowing adoption by same-sex couples, while noting that such couples were still barred from marriage. […]
V. Conclusions and/or recommendations
Austria noted the following recommendations:
141.18 Harmonize anti-discrimination laws by broadening their application scope so as to include the grounds of religion, belief, age and sexual orientation (Belgium);
141.19 Harmonise anti-discrimination laws and broaden their scope to include as grounds religion, age and sexual orientation (Uruguay);
141.32 Ensure equal protection from all forms of discrimination, including by extending the scope of anti-discrimination regulations, by including the grounds of religion and belief, age and gender identity (Bulgaria);
141.34 Intensify efforts to combat discrimination on all grounds, including age, religion and sexual orientation (Canada);
141.36 Ensure equal protection from all forms of discrimination, including by harmonizing and extending the scope of anti-discrimination laws to include the grounds of religion and belief, age and sexual orientation (Germany);
141.53 Adjust regulation so that same-sex partners enjoy the same rights as other married couples as recommended in the report of the European Commission against racism and intolerance published on 13 October 2015 (Denmark);
141.54 Ensure the equal rights of people by legally recognizing same-sex marriage (Iceland);
141.55 Abolish all legal inequalities between registered same-sex partnership and marriage (Ireland);
141.56 Ensure further equality by allowing same-sex couples the right to marriage according to international standards (Netherlands);
141.57 Amend the legal status of same-sex partnerships to ensure full equality in the eyes of the law (United Kingdom of Great Britain and Northern Ireland).
VI. Further information
You will find all documents relating to Austria’s second review at UPR-Info and OHCHR’s websites.