"The Austrian Ombudsman Board is the human rights centre of the Republic of Austria. The Human Rights Advisory Council is based here. We are responsible for preventive human rights monitoring in prisons, retirement and care homes and facilities for people with disabilities, and we are actively involved in human rights monitoring at the UN," says Ombudswoman Gaby Schwarz. On 25 and 26 November 2025, the Ombudsman Board took part in the UPR pre-session in Geneva. Among other things, it called for improvements for unaccompanied minor refugees (UMF) and criticised staff and budget shortages in the execution of sentences and measures.
The Universal Periodic Review (UPR) is an instrument of the United Nations Human Rights Council that was created to review the human rights situation in member states. The UPR pre-session takes place before the actual state review and offers national human rights institutions the opportunity to inform other member states so that they can formulate their recommendations for the UPR process.
State custody necessary for refugee minors from day one
As a national human rights institution, the Austrian Ombudsman Board raised several concerns for Austria in Geneva. Among other things, it called for equal daily rates for care home providers so that foster children and unaccompanied refugee minors are not treated differently. She also spoke out in favour of a nationwide standardised custody procedure for refugee minors. Ombudsman Bernhard Achitz: "It would make sense for child and youth welfare services to take over the custody of unaccompanied refugee children as soon as they arrive in Austria. Of course, this also requires appropriate funding."
Prison and detention centres: overcrowded prisons
The Ombudsman Board also addressed the lack of staff and budget in the penal system, which increases the potential for violence in prisons. Due to the lack of staff, lock-up times are extended, businesses that employ prisoners have to close and leisure activities are cancelled. There are deficits in medical, psychological and social care. Suicide prevention must be strengthened. Short and long-term measures are also needed to combat overcrowding in prisons.
People with disabilities: lack of plan and money for de-institutionalisation
In the area of people with disabilities, the Austrian Ombudsman Board demanded that all those responsible at state and federal level work together to develop a binding strategy for de-institutionalisation in line with the UN Convention on the Rights of Persons with Disabilities (UN CRPD). "People with disabilities have the right to live as independently as possible, which also includes the freedom to choose their place of residence. However, the federal and state governments have not presented any concrete plans for a strategy or a timetable, nor has any money been made available for this," criticises Ombudsman Achitz.
During the pre-session, the permanent representatives of the member states of the United Nations were able to ask questions about the human rights situation in Austria. The basis for this exchange was the shadow report that the Austrian Ombudsman Board submitted to the United Nations in July 2025.
Download shadow report:https://volksanwaltschaft.gv.at/fileadmin/user_upload/AOB_Shadow_Report_UPR_4_Cycle_Final_bf.pdf
The actual Universal Periodic Review will take place in January 2026. Austria will then be officially questioned about its human rights situation and receive recommendations from the member states.
UPR monitoring tool
In a scientific cooperation, the Austrian League of Human Rights and the Austrian Ombudsman Board have developed an online monitoring tool that shows with just a few clicks of the mouse where Austria is falling short in terms of human rights. And it shows that there is an enormous need for action.
Johannes Carniel presented the Ombudsman's shadow report at the UN in Geneva