AOB participates in the examination of the periodic report on Austria concerning CERD

July 31, 2012

The Republic of Austria informs the UN in periodic reports about measures taken to implement its obligations under UN human rights treaties. The Committee on the Elimination of Racial Discrimination will examine the 18th to 20th report of Austria on 22 and 23 August 2012 to evaluate the implementation of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) in Austria.

As a national human rights institution (NHRI) the Austrian Ombudsman Board (AOB) takes the opportunity to submit its comments regarding the implementation of CERD in Austria.

In this statement, the AOB emphasizes that the prohibition of discrimination based on ethnic origin with regard to access to public places and public services stipulated in art III para 1 clause 3 of the Introductory Act to the Administrative Procedure Acts 1991 (Einführungsgesetz zu den Verwaltungsverfahrensgesetzen 1991, EGVG) is implemented inefficiently in Austria.

In 2007 and 2011 AOB members jointly determined cases of maladministration as the inconsistent and inefficient application of the prohibition of discrimination did not fulfill Austria’s national commitments and international commitments under Community law regarding the combating of discrimination. In this context the AOB also criticized the restrictive interpretation of the prohibition of discrimination which cannot fulfill the international requirements and the requirements under Community law with respect to the protection against discrimination.

The written statement submitted by the AOB is available for download.