World Day of Social Justice: Ombudsman Board reminds us of fundamental social rights

Ahead of the UN World Day of Social Justice (20 February), Ombudsman Bernhard Achitz reminds us that fundamental social rights are still not enshrined in the Austrian constitution. "In the domestic political debate of recent weeks, interventions in human rights have been proposed time and again. But after all, the European Convention on Human Rights has constitutional status. Interventions are therefore subject to the control of the Constitutional Court," says Achitz: "Interventions in social rights should also be subject to the control of the Constitutional Court. A modern constitution should not only guarantee fundamental rights and freedoms, but also fundamental social rights and human rights."

Examples: Protection in the event of illness or unemployment

"The government programme also states that negotiations on a comprehensive catalogue of basic rights are to be resumed. But nothing has happened. Perhaps the next federal government will make more progress - it would be necessary," says Achitz. "It would be good, for example, to enshrine the right to good working conditions and the right to protection in the event of unemployment or illness in the Austrian constitution. In a modern state, not only freedom and property rights should be in the constitution, but also social rights!" As examples, he cites the right to a roof over one's head, to work, to a pension, to care in the event of illness or accident. "All of this exists in Austria, but only on the basis of simple laws that can be changed very quickly, as we have seen with the cuts to pensions or the abolition of the minimum income and its replacement by social welfare." The protection in the constitution would be stronger and permanent.

Social human rights strengthen basic political rights

"Guaranteed social human rights would also contribute to the enforcement of political rights. After all, anyone who has to devote all their time and energy to having something to eat and a roof over their head will in many cases no longer have enough energy left to exercise their freedom of opinion and speech," says Achitz.

Special report by the Austrian Ombudsman Board "NGO Forum on Fundamental Social Rights"

In 2022, the Austrian Ombudsman Board presented its special report "NGO Forum on Fundamental Social Rights", which it submitted to the National Council and Federal Council as well as to all nine provincial parliaments. The Ombudsman Board collected proposals from numerous civil society organisations.


Translation was AI-generated

2 homeless people sitting on a park bench The special report has collected proposals for anchoring social human rights in the Austrian constitution - such as the right to housing or health. Picture credits: Aleš Kartal / Pixabay

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