Although discrimination on grounds of race, colour, descent or ethnic origin is prohibited by law discrimination on these grounds is a widespread phenomenon. NGOs report that there is considerable evidence to suggest that the Austrian police has been engaged in discriminatory practices. Furthermore discrimination can be observed in the fields of employment, housing, education, health and social protection and political and civic participation.

Clear
  • Anti-discrimination Legislation & Implementation

    Discrimination on grounds of race, colour, descent or national or ethnic origin is defined as unlawful by legislation by a Federal Constitutional Act entering into force in 1973. The Austrian Equal Treatment Act prohibits discrimination on grounds of ethnic afiliation and on grounds of religion and belief in a way conform with the EU Race and Employment Directives.

    • Is racial discrimination defined in national law?

       

      Yes. Discrimination on grounds of race, colour, descent or national or ethnic origin is defined as unlawful by legislation.

      Qualitative Info

      In implementation of the Convention on the Elimination of all Forms of Racial Discrimination a Federal Constitutional Act has entered into force in 1973, which declares as unlawful any form of discriminaton on grounds of the race, colour, descent or national or ethnic origin (Art. I). Moreover treating persons in a discriminatory manner without justification on the sole ground of their race, colour, national or ethnic origin, religion, creed or disability or preventing them from entering places or making use of services which are intended for general public use is identified as an administrative offence, which can be fined with up to EUR 1090,- by Art. III no. 3 Introductory Provisions to the Code of Administrative Procedure (EGVG).

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Persons with disability

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Anti-roma/zinghanophobia
      • Religious intolerance
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination

      External Url http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000533

      See other countriesSee indicator history
    • Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?

      Yes. Austrian Equal Treatment Legislation prohibits discrimination on grounds of ethnic afiliation and on grounds of religion and belief in a way conform with the EU Race and Employment Directives.

      Qualitative Info

      The Austrian Equal Treatment Act prohibits discrimination on grounds of ethnic afiliation and on grounds of religion and belief in a way conform with the EU Race and Employment Directives. Definitions of discrimination include direct and indirect discrimination, harassment, instruction to discrimination, discrimination on grounds of afiliation and victimisation.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Daily life
      • Religion

      External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

      See other countriesSee indicator history
    • Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?

       

      National legislation covers all grounds as in International Conventions and in EU Directives, but does not cover additional grounds.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

      See other countriesSee indicator history
    • Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?

       

      No. No explicit prohibition of discrimination of nationality and/or citizenship. 

      Qualitative Info

      After an important amendment in 2008, the Equal Treatment Act now abandoned a general exception of nationality and states in §§ 17 (2) and 31 (2) that the principle of equal treatment “does neither affect the regulations and conditions on immigration of citizens of third countries or stateless persons or their residence nor the treatment which arises from the legal status of the third-country nationals or stateless persons. In practice this means that discrimination on grounds of nationality would be considered as discrimination on grounds of ethnic origin.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Daily life

      External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

      See other countriesSee indicator history
    • Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?

       

      No.

      Qualitative Info

      Statelessness is not mentioned as a ground of discrimination in any of the relevant legislation. In practice, discrimination on grounds of statelessness would be considered as discrimination on grounds of ethnic afiliation with the exception referring to nationality in Art. §§ 17 (2) and 31 (2) Equal Treatment Act that the principle of equal treatment 'does neither affect the regulations and conditions on immigration of citizens of third countries or stateless persons or their residence nor the treatment which arises from the legal status of the third-country nationals or stateless persons.'

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Nationalism

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education

      External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

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    • Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?

       

      Yes.

      Qualitative Info

      Discrimination on grounds of ethnic afiliation is prohibited in the area of employment as well as in 'other areas' like in access to goods and services,  including housing, education and social protection. In line with the EU Directives, discrimination on grounds of religion and/or belief is only protected in the field of employment.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education

      External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

      See other countriesSee indicator history
    • Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?

      Yes.

      Qualitative Info

      There is a system of specialised equality bodies compenetnt for handling cases of discrimination. The Ombud for Equal Treatment (Gleichbehandlungskommission: http://www.gleichbehandlungsanwaltschaft.at) is competent for assissing victims of discrimination on grounds of gender, ethnic afiliation, religion or belief, age and/or sexual orientation. The Equal Treatment Commission (Gleichbehandlungskommission: http://www.bka.gv.at/site/5467/default.aspx) can receive complaints in cases of discrimination on all grounds as well, it can investigate and draft (non-binding) decisions and recommendations. For disability cases there is a separate set of procedures at the Federal Social Services (Bundessozialamt), which consists of a settlement procedure. Assistance in cases of discrimination on ground of disability is provided by the Disability Ombudsman (Behindertenanwalt des Bundes: http://www.bundessozialamt.gv.at/basb/Behindertengleichstellung/Behindertenanwaltschaft/Der_Behindertenanwalt_des_Bundes).

      Groups affected/interested

      • Migrants
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Type (R/D)

      • Religious intolerance
      • Inter-ethnic
      • Intra-ethnic
      • Homophobia
      • On grounds of disability
      • On grounds of other belief

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      • Integration - social cohesion
      • Daily life
      • Religion

      External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10008466

      See other countriesSee indicator history
    • Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?

      No.

      Qualitative Info

      As a general remark it has to be stated that a collection of data is very difficult in Austria due to a low level of data collection referring to the belonging to groups inclined to discrimination. Some data are available for the grounds of gender, disability and age, most of them related to labour market relevant information. Until recently migrant status was not possible to be traced in official statistics and research had to use data on nationality as an indicator, which was far form providing a picture of reality as discrimination and barriers for equal opportunities do not stop with obtaining Austrian nationality. Since 2008 data on the country of birth is collected by Statistics Austria.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Anti-discrimination

      External Url http://www.statistik.at/

      See other countriesSee indicator history
    • Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

      The possibility of adopting special/positive measures to prevent or compensate for disadvantages is explicitly foreseen by Austrian Equal Treatment Legislation.

      Qualitative Info

      Austrian Equal Treatment legislation includes an exception of discrimination for specific measures adopted by ways of legislation, regulations, via instruments of collective agreements or in general provisions implemented by the employer for more employees for the promotion of equality (in employment) to prevent or compensate for disadvantages linked to any of the grounds referred to in the respective act. This exception is taken nearly word-by word from the positive action provisions of the EU Directives and included in all legal acts. It does not entail any limitation in terms of proportionality or adequacy. The exception is limited to the labour market for the grounds of gender, sexual orientation, religion and belief and age.

      There is a wide range of positive action measures in place for people with disabilities. The core legal source is the Act on the Employment of People with Disabilities (Behinderteneinstellungsgesetz). The Act imposes a duty upon all employers, who employ 25 or more employees within the (Austrian) federal territory to employ the minimum of 1 disabled person each 25 employees. This provision is implementing a quota regulation of 1:25, the so-called ‘obligatory number’ (Pflichtzahl) and goes even further than a mere quota system by including an active employment obligation for people with disabilities. Access to this employment possibility, however, is restricted to disabled people who fulfil certain qualifications. They have to be Austrian nationals or nationals of one of the Member States of the European Union; third country nationals only qualify if they were granted asylum. Furthermore, the degree of disability must reach at least 50 per cent.

      The National Minorities Act (Volksgruppengesetz) in its Art. 8f provides for specific measures for recognized national minorities (Volksgruppen: Croats, Slovenes, Hungarians, Czechs, Slovaks and Roma) to ensure the continuing existence of the ethnic minority group, their characteristics and rights by means of financial contribution, education and assistance.


      Sources:

      • e.g. Article 22 Equal Treatment Act (Gleichbehandlungsgesetz): Positive Maßnahmen
      • Act on the Employment of People with Disabilities (Behinderteneinstellungsgesetz) BGBl. Nr. 22/1970, last amended by Federal Law Gazette I Nr. 82/2005
      • Bundesgesetz über die Rechtsstellung von Volksgruppen in Österreich. BGBl. 396/1976, last amended by BGBl. I Nr. 35/2002.

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url http://www.brad.ac.uk/T4-health/new_site/pamecus/files/PAMECUS%20Volume%203%20-%20Country%20Reports.pdf

      See other countriesSee indicator history
    • Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?

      There are several initiatives in place that aim at improving the advancement of migrants in education and employment.

      Qualitative Info

      The Austrian Labour market services offer targeted trainings and labour market activation programmes for migrants. Moreover the implementation of the mentoring programme for migrants has become quite popular in recent years. The project mentoring for migrants by the Austrian Chamber of Commerce can serve as an example here. The START scolarships programme addresses talented pupils with migration background and aims at encouraging them to further educational carriers.


      Sources:

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Education

      External Url http://bim.lbg.ac.at/en/positive-action-measures-0

      See other countriesSee indicator history
    • Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?

      The Austrian Ombdusman Office has repeatedly criticised discriminatory treatment of third country nationals' families in granting familiy allowances.

      Qualitative Info

      The Austrian Ombdusman Office has repeatedly criticised discriminatory treatment of non Austrian nationals' families in granting familiy allowances. In its recent report on 2010 the Ombudsman office points at the fact that the competent authority has failed to change its practice of limiting periods of family allowances for foreigners without any legitimate justification, which had been qualified as discriminatory repeatedly by the Ombudsman Office. Critics also include barrier to foreign students in obtaining failiy allowances and non-acknowledgements of working periods in other countries for receiving unemployment insurance benefits. 

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Health and social protection

      External Url http://volksanwaltschaft.gv.at/downloads/4oj3c/Parlamentsbericht%202010.pdf

      See other countriesSee indicator history
    • Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?

      Yes. legal support for victims of discrimination is provided by the Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft). Access to a dispute resolution bodies is available at the Equal Treatment Commission (Gleichbehandlungskommission) as well as by the court system.

      Qualitative Info

      Legal support and assistance is provided by the Ombud for Equal Treatment (Gleichbehandlungsanwaltschaft). In Austria, victims of discrimination can principally choose between two alternative ways of access to justice in discrimination cases. They can either bring their case before the Equal Treatment Commission (Gleichbehandlungskommission), which can result in a legally not-binding opinion (Gutachten) or decision (Prüfungsergebnis) by the ETC, whether the treatment in question was discriminatory or not.  Or they can proceed to the competent civil court or labour and social court claiming for damages. Access to equality bodies is structured on the basis of a distinction of grounds and sectors: a) issues of equal treatment for men and women in the labour market, b) issues of equal treatment on the grounds of ethnic origin, religion or belief, sexual orientation or age in the labour market and c) issues of equal treatment in other fields beyond the labour market on grounds of gender or ethnic origin. Protection against discrimination for all six grounds as well as multiple discrimination is provided for in the area of employment. A wider scope of protection against discrimination in access to goods and services is provided for the grounds of ethnic origin, gender and disability. Further protection against discrimination in the fields of education, health and social protection is restricted to discrimination on grounds of ethnic origin.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url www.gleichbehandlungsanwaltschaft.at

      See other countriesSee indicator history
    • Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?

      Yes. The shift of the burden proof is foreseen by Equal Treatment legislation. Problems in concrete interpretation are reported by independent sources.

      Qualitative Info

      The Austrian Equal Treatment Act lowers the burden of proof for the plaintiff (Article 26 para 12). According to the law, the plaintiff has to make plausible that a discriminatory act has happened. Thereafter, the respondent has to prove that “it is more likely that a different motive - documented by facts established by the respondent - was the crucial factor in the case or that there has been a legal ground of justification. This is not completely in line with the requirements of the AD Directives, which do not only ask for probabilities but for a proof if plausibility is given. A 2008 Supreme Court decision has clarified the need to interpret the Austrian provision in line with the AD Directives. Independent institutions like the Austrian Ombudsman Board, the Litigation Association of NGOs against discrimination, ZARA, the Ludwig Boltzmann Institute of Human Rights, the Ombud for Equal Treatment have repeatedly criticised the non-compiance of the relevant provision with European law.


      Sources:

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url http://volksanwaltschaft.gv.at/downloads/cvjuv/Gleichbehandlungsgesetz.pdf

      See other countriesSee indicator history
    • Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?

      Yes. To a limited extant representation of complainants by associations, organisations or other legal entities is possible.

      Qualitative Info

      Complainants can be represented by NGOs, private persons or any other legal entity in cases, where there is no statutory requirement to be represented by a lawyer in proceedings. In practice this means that representation by NGO employees or representatives is possible in proceedings at the Equal Treatment Commission and in court cases with a litigation interest under EUR 4.000. Representation at the Labour and Social Courts is possible by any person suitable in proceedings of first instance (Art. 40 para 2 no. 4 Labour and Social Court Act). Represention by employees of the Austrian Chamber of Labour is most frequent there. There is no possibility for NGOs to file a claim in the general interest of a group or in their own name (collective claim). The Litigation Association of NGOs against discrimination is entitled to co-intervene in court proceedings as a third party (Nebenintervention) upon request of the claimant (Art 62 Equal Treatment Act).


      Sources:

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url www.klagsverband.at

      See other countriesSee indicator history
    • Is class action or actio popularis possible? (court claims or action in the name of a group)

      No class action or action popularis is foreseen in cases of discrimination on grounds of ethnic afiliation.   

      Qualitative Info

      No class action or action popularis is foreseen in cases of discrimination on grounds of ethnic afiliation. In disability cases the Austrian National Council of Disabled Persons (Österreichische Arbeitsgemeinschaft für Rehabilitation) is entitled to claim in the general interest of a group discriminated against  under very narrow circumstances (Article 13 Disability Equality Act)


      Source:

      Disability Equality Act (Bundesbehindertengleichstellungsgesetz), BGBl. I Nr. 82/2005, last amended BGBl. I Nr. 82/2005

      External Url http://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Bundesnormen&Dokumentnummer=NOR40066750&ResultFunctionToken=de8e8b28-b269-480b-b970-32f1c5485c40&Position=1&Kundmachungsorgan=&Index=&Titel=&Gesetzesnummer=&VonArtikel=&BisArtikel=&VonParagraf=&BisParagraf=...

      See other countriesSee indicator history
    • Are sanctions foreseen/provided by anti-discrimination legislation?

      Yes. The Equal Treatment Act foresees compensation for material as well as for immaterial damages. Fines are foreseen in cases of discriminatory advertisments.

      Qualitative Info

      The Equal Treatment Act provides for the possibility to claim for compensation in discrimination. Compensation claims before civil courts can include compensation for pecuniary damages as well as compensation for immaterial damages (Articles 12, 26 and 35 ETA). Furthermore, the plaintiff can claim that the court rules a dismissal on discriminatory grounds null and void or that he or she is included in professional training measures. The Equal Treatment Commission does not have the power to rule on compensation for victims. It can only issue recommendations to the respondent, such as an intensive study of equal treatment legislation, reorganisation of future recruitment procedures etc. These recommendations are not enforceable. Often the procedure before the ETC is preceded by an arbitration between the parties initiated by the Ombud for Equal Tretment; in many cases, this arbitration ends with an apology of the respondent. Fines are foreseen for cases of discriminatory job and housing adviertisements.


      Source: Equal Treatment Act (Gleichbehandlungsgesetz), BGBl. I Nr. 66/2004 last amended BGBl. I Nr. 7/2011

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

      See other countriesSee indicator history
    • Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?

      Yes. The Equal Treatment Act foresees compensation for material as well as for immaterial damages. Restitution of rights is only foreseen for cases of discrimination in access to vocational training and provision of social benefits in firms.

       

      Qualitative Info

      The Equal Treatment Act provides for the possibility to claim for compensation in discrimination. Compensation claims before civil courts can include compensation for pecuniary damages as well as compensation for immaterial damages (Articles 12, 26 and 35 ETA). Furthermore, the plaintiff can claim that the court rules a dismissal on discriminatory grounds null and void or that he or she is included in professional training measures. Effective implementation in practice is limited by various factors. The Equal Treatment Commission does not have the power to rule on compensation for victims. It can only issue recommendations to the respondent, such as an intensive study of equal treatment legislation, reorganisation of future recruitment procedures etc. These recommendations are not enforceable. Moreover compensations awarded by courts tend to be low and can not be considered as dissuasive. Criticism is also expressed concerning the limitation of fines for discriminatory advertisements with EUR 360,- and the absence of the offence to be prosecuted ex officio.


      Sources:

      Equal Treatment Act (Gleichbehandlungsgesetz), BGBl. I Nr. 66/2004 last amended BGBl. I Nr. 7/2011

      Statement of ZARA to amendments of the government proposal for amendments to the Equal Treatment Act 2010.

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url http://www.parlament.gv.at/PAKT/VHG/XXIV/ME/ME_00179_24/imfname_194527.pdf

      See other countriesSee indicator history
    • Are there any problems concerning the implementation of national legislation prohibiting discrimination?

      Yes. There are several problems with the implementation of the Equal Treatment legislation and access to justice in discrimination cases in Austria.

      Qualitative Info

      Problems in implementation of Equal Treatment legislation in Austria mostly refer to access to effective dispute resolution in practice. This is predominantly due to the high level of fragmentation of Equal Treatment legislation with different laws applicable at the Federal level, at the level of the provinces and for the field of employment contracts with the Federal State. Other factors that are identified as problematic are the inconsequent application of the shift of the burden of prove, the low levels of fines and compensations payments awarded by courts and administrative authorities and the limited role of NGOs to intervene in court proceedings.


      Source: ECRI (2009): Report on Austria. Fourth monitoring circle.

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination

      External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf

      See other countriesSee indicator history
    • Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?

      No. There has not been a thourough evaluation of the effectiveness of the national implementation of the EU Anti-discrimination Directives so far.

      Qualitative Info


      No. There has not been a thourough evaluation of the effectiveness of the national implementation of the EU Anti-discrimination Directives so far. ECRI in its 4th report on Austria recommends the Austrian government to evaluate its policies in the field of education in regard to reducing inequalities for non-Austrian children. The Ombuds for Equal Treatment and NGOs have been regularly pointing at deficits in the implementation of the EU AD Directives in their statements to government proposals aiming at amending equal treatment legislation in force. Those recommendations have been based on practical experiences with legislation and the identification of deificits and barriers in this regard.

       


       

      Sources:

      Groups affected/interested

      • Migrants
      • Refugees
      • Roma & Travelers
      • Muslims
      • Ethnic minorities
      • Religious minorities
      • Linguistic minorities
      • Majority
      • Asylum seekers
      • Lesbian, Gay, Bisexual and Transgender
      • Persons with disability

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      • Employment - labour market
      • Housing
      • Health and social protection
      • Education
      • Anti-discrimination
      See other countriesSee indicator history
  • Policing - Law Enforcement - Justice

    Since 2003 human rights education has been incorporated into basic and further education of police officers. Although, again and again cases of ill-treatment of migrants and/or persons from ethnic minorities in custody are disclosed to the public, there has been no systematic evaluation published yet concerning disproportionate problems migrants/minorities are facing in policing and accessing justice.

    • Is there evidence or indication that the police force engages in ethnic profiling?

      Yes.

      Qualitative Info

      As there is no data collection system enabling individuals to document how frequently they were checked by the police (as recommended by the ECRI [European Commission against Racism and Intolerance] report) there is no reliable data on the engagement of police officers in ethnic profiling. The third and the fourth ECRI reports recommend "that a system be introduced that would make it possible to gauge the extent of such practices, with a view to improve the standards where necessary" (ECRI 2010, p. 42).

      However, it appears from NGO reports that ethnic profiling is still going on in Austria. Amnesty international writes in its report "Victims or Suspects - A question of colour. Racial Discrimination in the Austrian Justice System" that "There is considerable evidence to suggest that the Austrian police has engaged in widespread discriminatory ethnic profiling over the past decade, particularly in its efforts to counter drug-related crime. However, anti-racism NGOs, community leaders and many individual members of ethnic minorities spoken to by Amnesty International considered that its use had decreased over the last two years. The most common form of ethnic profiling reported in Austria consists of random identity checks and searches of foreign-looking individuals, especially young black men. (...) Amnesty International is concerned, however, that, in everyday practice, skin colour too often appears to constitute a determining ground for police interventions in Austria." (p. 34)

      The NGO ZARA reported many cases of police interventions indicating the practice of ethnic profiling in its annual reports. ZARA is concerned that these practices are contributing to increase the mistrust of the police and hamper the establishment of a good cooperation between police forces and persons concerned (ZARA Report 2010, p. 22).


      Sources:

      Groups affected/interested

      • Migrants
      • Refugees
      • Muslims
      • Ethnic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Afrophobia
      • Arabophobia
      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?

      It appears that the number of officially recorded incidents is lower than the number of incidents based on unofficial sources.

      Qualitative Info

      It appears that the number of officially recorded incidents is lower than the number of incidents based on unofficial sources:

      Looking at official data for 2009, 2010 and 2012, the largest share in recorded incidents is held by right wing extremist incidents; racist/xenophobic, anti-Semitic and anti-Islamic incidents recorded account for a considerably smaller proportion (e.g. in 2009, 356 right wing extremist vs. 49 xenophobic/racist, 12 anti-Semitic, zero anti-Islamic incidents). In 2010, a total of 580 right wing extremist, xenophobic, racist, islamophobic, anti-Semitic and other related offences were recorded. An offence can consist of several incidents. 282 offences could be solved (48.6 per cent). Out of 580 offences there were 57.8 per cent right wing extremist, 11 per cent xenophobic/racist, 4.6 per cent anti-Semitic and 1.4 per cent anti-Islamic motivated. The motivation concerning the remaining 25.2 per cent was either unclear or amibiguous. In 2011, a total of 479 right wing extremist, xenophobic, racist, islamophobic, anti-Semitic and other related offences were recorded. An offence can consist of several incidents. 241 offences could be solved (50.3 per cent). Out of 479 offences there were 58.9 per cent right wing extremist, 7.7 per cent xenophobic/racist, 3.3 per cent anti-Semitic and 0.9 per cent anti-Islamic motivated. The motivation concerning the remaining 29.2 per cent was either unclear or amibiguous.

      In contrast to official data collection, the NGO ZARA documented 798 racist (incl. religiously motivated) incidents for 2009, 745 incidents for 2010 and 706 incidents for 2011; the NGO Helping Hands Graz documented 392 incidents in 2009 and 389 incidents in 2010. In 2009, in comparison, the official figure for racist/xenophobic, anti-Islamic and anti-Semitic incidents is 61; after adding right wing extremist incidents and ‘other’ incidents, the total amount is 453 and 580 incidents in 2010.


      Sources:

      1. Bundesministerium für Inneres, 2010, Verfassungsschutzbericht 2010, http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2010_20100401_Onlinefassung.pdf, Accessed on 05.11.2012.
      2. Bundesministerium für Inneres, 2011, Verfassungsschutzbericht 2011, http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2011_online.pdf, Accessed on 05.11.2012.
      3. Bundesministerium für Inneres, 2012, Verfassungsschutzbericht 2012, http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2012_V20120608_online.pdf, Accessed on 05.11.2012.
      4. ZARA, 2010, Rassismus Report 2010, http://www.zara.or.at/_doc/2011/Zara_RassismusReport_2010.pdf, Accessed on 05.11.2012.
      5. ZARA, 2009, Rassismus Report 2009, http://www.zara.or.at/_doc/2010/ZARA_RassismusReport2009.pdf, Accessed on 05.11.2012.
      6. ZARA, 2011, Rassismus Report 2011, http://www.zara.or.at/_wp/wp-content/uploads/2012/03/Zara_RR11_RZ_Web_fin.pdf, Accessed on 05.11.2012.

      Groups affected/interested

      • Migrants
      • Refugees
      • Muslims
      • Ethnic minorities
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia
      • Anti-semitism
      • Islamophobia
      • Afrophobia
      • Arabophobia

      Key socio-economic / Institutional Areas

      • Daily life
      See other countriesSee indicator history
    • Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?

      There is no information available on this indicator.

      Qualitative Info

      There is no information available on this indicator.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Policing - law enforcement
      See other countriesSee indicator history
    • Do migrants/minorities face disproportionate problems in accessing justice?

      There has been no systematic evaluation published yet concerning disproportionate problems migrants/minorities are facing in accessing justice.

      Qualitative Info

      There has been no systematic evaluation published yet concerning disproportionate problems migrants/minorities are facing in accessing justice. However, migrants might face more serious problems because of limited German language skills, restricted financial capacities and/or a limited understanding of the Austrian judicial system.

      A study carried out on behalf of the European Union Agency for Fundamental Rights pointed out several problematic issues which might affect migrants to a greater extent;

      - There are some restrictions regarding access to justice. The deadlines for bringing cases to court vary from 14 days to 6 months or even 3 years. The different deadlines might cause confusion for persons concerned.

      - The length of judicial proceedings may last up to several years.

      - Proceedings before Equal Treatment Bodies are free of charge. However, the decisions made by these institutions are non-binding.

      - Legal proceedings before the court require legal representation. Although legal aid is provided to a party if a "person is otherwise not able to conduct the proceedings without endangering his or her basic subsistence. (...) If a person concerned within three years acquires sufficient financiel means, he or she has to pay back the legal aid granted" (FRA 2001, p. 9). Appointing lawyers of ones own choice involves high costs for the plaintiff. The financial risk of legal procedures is carried by the litigants.


      Source:

      FRA (2011): Austria, available at http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-AT.pdf, Accessed on 17.01.2012

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Anti-discrimination
      See other countriesSee indicator history
    • Is there evidence of differential sentencing?

      There is no information available for this indicator.

      Qualitative Info

      There is no information available for this indicator.

      See other countriesSee indicator history
  • Employment

    The unemployment rate of persons with migration background is significantly higher than of persons without migration background. There is no data available for the employment situation of ethnic minorities without a migrant background or autochthonous minorities. Only one trade union has a sub organisation on migration. All employees have the full active and passive right to vote for the workers' council and for the Chamber of Labour.

    • Differential unemployment levels/rates of migrants?

      Yes, the unemployment rate of persons with migration background is significantly higher than of persons without migration background.

      Qualitative Info

      In 2010 and in 2011, the employment rate for persons with a migration background (persons whose parents were born in a foreign country) was lower than those of Austrians without migration background. In 2011, the employment rate of persons with migration background was 65% compared to 74% of the remaining population (in 2010: 65% compared to 73%). The difference was due to a lower employment rate of women with migration background (in 2011: 58% compared to 69%, in 2010: 59% compared to 68%). But also among men with migration background the employment rate is lower than the remaining population (in 2011: 73% compared to 79%, in 2010: 73% compared to 78%). But the group of persons with migration background is quite heterogenous in this respect. Immigrants coming from EU- or EEA-countries show a higher employment rate (69% in 2011, 70% in 2010) than immigrants from the former Yugoslavia (66% in 2011, 68% in 2010) or Turkey (59% in 2010, 57% in 2010). Immigrants from countries outside of Europe have an employment rate of 62 % in 2011 and 61% in 2010.

      The unemployment rate for foreign nationals in 2010 was significantly above the figure for Austrian nationals (in 2011: 9.4 compared to 6.3 per cent in 2010: 9.7 compared to 6.4 per cent). Immigrants from Turkey are much most likely to be unemployed (12,7% in 2011, 13.1% in 2010) than Austrians, the unemployment of immigrants from the former Yugoslavia was 10.4% in 2011 and 10.6% in 2010 and the unemployment rate of immigrants from EU- or EAA-countries was 6.6% in 2011 and 7.1% in 2010.

      In 2011, the highest proportion of persons with migration background (40%, in 2010: 38%) was employed in the sector of corporate services (i.e. facility management, personnel leasing or the leasing of vehicles, followed by the touristic sector and by the building industry.


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 07.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 07.11.2012.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Differential unemployment levels/rates of minorities?

      There is no data available for the employment situation of ethnic minorities without a migrant background.

      Qualitative Info

      There is no data available for the employment situation of ethnic minorities without a migrant background.

      See other countriesSee indicator history
    • Differential pay rates?

      Yes.

      Qualitative Info

      In 2011, foreign citizens who were employed in Austria throughout the whole year received a net income of approximately 18,361 Euro (in 2010: 18,367 Euro). That means they earned 83% (in 2010: 84%) of the median income (22,026 Euro, in 2010: 21,865 Euro) in Austria. Austrian citizens had a median income of 22,448 Euro (in 2010: 22,303 Euro) at their disposal. Citizens from EU-countries which had entered the EU before 2004 earned slightly less than Austrian citizens. Citizens from EU-countries which had joined the EU after 2004 and citizens from the former Yugoslavia and Turkey earned nearly one-fifth less than Austrian citizens and citizens from other Non-EU-states received the least income (16,080 Euro, about 73% of the median income, in 2010: 16,185 Euro, about 74% of the median income).


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 05.11.2012.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions

      Since 2006 all employees have the full active and passive right to vote for the workers' council and for the Chamber of Labour.

      Qualitative Info

      As the freedom of association and assembly is independent of citizenship there were no legal restriction regarding the membership of migrants in trade unions. However, from 1947 till 2006 non-Austrian citizens were excluded from the passive right to vote for the workers' council and for the Chamber of Labour. In november 23rd, 2005, the Austrian parliament passed a law granting employees from other EU- and EEA-countries and from third countries the eligibilty to these elections. The amendment was due to infringement proceedings against Austria resulting in a decisions, that the exclusion of employees from other EU, EEA and from third countries is incompatible with Community Law.

      A study carried out on behalf of the Austrian Federation of Trade Unions found out that the proportion of migrants in the workers' council is increasing, but there is a lack of exact data. The study also revealed that the higher the positions in the unions the fewer are officers with migration background.


      Sources: http://www.parlament.gv.at/PAKT/PR/JAHR_2005/PK0927/; http://diepresse.com/home/panorama/integration/559689/Migranten-als-Betriebsraete-sind-noch-Exoten;

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal obstacles to access employment in the public sector under equal conditions for migrants

      Most employments in the public sector require Austrian citizenship.

      Qualitative Info

      The access to employment in the public sector is laid down in the public sector employment law. Sec. 4 stipulates that civil servants have to be Austrian citizens if they are employed according to Sec. 42 (exercise of public authority and the responsibility for safeguarding the general interest of the State). Employments concerning other duties are open for Austrian citizens and for person having unrestricted access to the labour market.


      Source: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10008470

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions

      Since 2006 all employees have the full active and passive right to vote for the workers' council and for the Chamber of Labour.

      Qualitative Info

      As the freedom of association and assembly is independent of citizenship there were no legal restriction regarding the membership of migrants in trade unions. However, from 1947 till 2006 non-Austrian citizens were excluded from the passive right to vote for the workers' council and for the Chamber of Labour. On November 23rd, 2005, the Austrian parliament passed a law granting employees from other EU- and EEA-countries and from third countries the eligibilty to these elections. The amendment was due to infringement proceedings against Austria resulting in a decision, that the exclusion of employees from other EU, EEA and from third countries is incompatible with Community Law.

      A study carried out on behalf of the Austrian Federation of Trade Unions found out that the proportion of migrants in the workers' council is increasing, but there is a lack of exact data. The study also revealed that the higher the positions in the unions the fewer are officers with migration background.


      Sources:

      Groups affected/interested

      • Ethnic minorities
      • Linguistic minorities

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
    • Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?

      Yes.

      Qualitative Info

      An increased number of companies and organisations recognise the potential of a diverse workforce. Accordingly, a number of projects steps up to this opportunity and works towards the implementation of relevant measures within businesses and institutions. The following examples constitute some exemplary good practices in this regard:

      - Diversity and Equal Opportunities at the Workplace: Within the scope of this non-governmental action co-funded by the European Commission, the Ludwig Boltzmann Institute of Human Rights in cooperation with businesses works towards an efficient implementation of non-discrimination rules, also, and notably, with regard to the structural dimensions of discrimination. On the basis of the legal framework to combat discrimination and theoretical concepts to deal with diversity at the workplace, the project is carried out together with model companies to develop concrete implementation strategies. In particular, the project aims to encourage organisational development processes which embrace the principles of equality mainstreaming. In order to be carried out in practice the strategies tailored to the needs of the respective organisations are placed at the companies’ disposal and then integrated into a handbook for dealing with diversity and establishing equal opportunities at the workplace. In addition, a network of companies has been established whose objective is to increasingly address the challenges of diversity among their employees and customers.

      - DiversCity Award: The Chamber of Commerce Vienna established the DiversCity Award as a non-governmental action to reward business commitment to diversity, inclusion and non-discrimination. It is geared to Vienna-based businesses implementing exemplary initiatives to promote and benefit from staff and customer diversity. For the first time in Austria, all dimensions of diversity are considered: gender, age, ethnic belonging, religion, sexual orientation and disability. By putting the spotlight on companies that recognise the value of workplace diversity as an important resource in their abilities to learn and meet today’s challenges, the Award sets benchmarks to be followed. It was first granted in January 2010 in the categories of small and medium enterprises, large enterprises and ethnic economies.

      - WIP complete – German as a Commercial Language, Intercultural Learning, Practical Application for Third-Country Nationals: This non-governmental project targets third-country nationals wishing to enhance their employability through better German language skills. Designed as a three or six-month course at the Institute of Business Promotion Vienna, the project aims to equip unemployed migrants and those already in a professional working situation with sufficient language and intercultural skills to compete in today’s job market. The course consists of three modules – German as a Commercial Language, Know How: Working and Living in Austria, Practical Exercises – all of which aim to strengthen the participants’ self confidence in matters of language and communication. Should the project prove successful, it will be expanded to Austria as a whole.

      - PROVIEL. Competence network: apprenticeship: This non-governmental action is targeted at businesses located in the region of Linz and Wels (Upper Austria) that train apprentices with a migration background or are willing to do so in the near future. The aim of the project is to tackle the frequent problem of conflict-ridden situations in multi-ethnic companies and to bring about improvement by promoting mutual respect and appreciating the different geographical, cultural and linguistic backgrounds of the apprentices. The range of services provided within the framework of the project encompasses intercultural trainings, seminars and workshops by qualified professionals for all parties concerned as well as networking with participating companies. But, above all, teams-of-two should be installed among apprentices, with each team assigned at least one apprentice with a migration background. This should provide an excellent opportunity for the apprentices to explore and practice the development of intercultural competences and conflict-solving skills. Ultimately, the project should contribute to a positive working atmosphere as well as allow a beneficial use of cultural differences.

      - CIC – Carinthian International Club: The overall objective of this non-governmental action is to ensure better integration of highly qualified expatriates in the Carinthian economy to counter the drop in the numbers of skilled labour. Thus, it is mainly aimed at international employees in Carinthian industry and science with the intention of giving them and their family advice on living and working in Carinthia. In addition to an online guide, the network makes a chat room available for its members including individual international workers as well as for the companies and institutions employing them. A welcome package for new expatriates encompassing, inter alia, relevant information on language courses, (inter-) cultural events and job-training initiatives targeted at their families should help new arrivals gain a foothold in Carinthian society. Furthermore, for member organisations, the project envisages the possibility to exchange good practice and jointly develop new management tools in the field of intercultural management.


      Sources:

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      See other countriesSee indicator history
  • Housing & Segregation

    Persons with a migration background, especially migrants from the former Yugoslavia and from Turkey, had less housing space at their disposal than the average population. There are also significant differences in housing quality standards. There is some evidence that there is a regional segregation of migrant population. A major proportion of the population with migrant background lives in bigger cities.

    • Is there evidence of significant levels of segregation between migrant groups and the majority population?

      Yes.

      Qualitative Info

      On behalf of the Austrian Integration Fund, Statistics Austria has compiled facts and figures around the issues of migration and integration which also contains data on the living conditions of migrants.  It reveals that the most relevant factor for the housing situation is the socio-economic status. In 2010 and 2011, persons with a migration background had less housing space at their disposal than the average population. Compared to an average living space of 44 square meters in 2011 (43 square metres per person in 2010), persons with migration background were living on 31 square metres (in 2010: 31 square meters) per person. EU-citizens had approximately 48 square meter (in 2010: 47 square meters) at their disposals, migrants from the former Yugoslavia lived at about 26 square meters and migrants of Turkish descent were worst off with only 21 square metres per person, in 2010 as well as in 2011.
      Again for 2010 and 2011, the publications reveal significant differences in housing quality standards. Whereas on average only 2 per cent of the population lived in sub-standard flats, the respective figure for first generation migrants amounted to 6 per cent in 2010 and 5 per cent in 2011.


      Sources:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 05.11.2012.

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated migrant group?

      Migrants from the former Yugoslavia and migrants of Turkish descent.

      Qualitative Info

      According to the statistical reports "Migration & Integration", in 2010 and 2011, persons with a migration background had less housing space at their disposal than the average population. Compared to an average living space of 44 square meters per person in 2011 and 43 square metres per person in 2010, persons with migration background were living on 31 square metres per person. EU-citizens had approximately 47 square meters in 2010 and 48 squre meters in 2011 at their disposals, migrants from the former Yugoslavia lived on about 26 square meters and migrants of Turkish descent were worst off with only 21 square metres per person.
      Again for 2010 and 2011, the publication reveals significant differences in housing quality standards. Whereas on average only 2 per cent of the population lived in sub-standard flats, the respective figure for first generation migrants amounted to 5 per cent in 2010 and 6 per cent in 2011.


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf,Accessed on 05.11.2012.

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of significant levels of segregation between minority groups and the majority population?

      There is no evidence of significant levels of segregation between minority groups and the majority population. 

      Qualitative Info

      There is no quantitative data on segregated settlements. According to the Federal Chancellery there are no segregated Roma settlements except for the one in Oberwart, which has however not been segregated by any legal provisions but which has resulted from historical developments. In Linz there is a settlement area that is primarily inhabited by Roma and Sinti, who after World War II were resettled there in communal buildings.


      Source:

      Ludwig Boltzmann Institut of Human Rights/ZARA - Austria Raxen National Focal Point (2009): Thematic Study - Housing Conditions of Roma and Travellers. http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Austria_en.pdf

      Groups affected/interested

      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • What is the ethnic origin of the highly segregated minority group?

      There is no data that would indicate that there is a highly segregated minority group in Austria.

      Qualitative Info


      There is no data that would indicate that there is a highly segregated minority group in Austria. There is no quantitative data on segregated settlements. According to the Federal Chancellery there are no segregated Roma settlements except for the one in Oberwart, which has however not been segregated by any legal provisions but which has resulted from historical developments. In Linz there is a settlement area that is primarily inhabited by Roma and Sinti, who after World War II were resettled there in communal buildings.


       

      Source:

      Groups affected/interested

      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Housing
      • Integration - social cohesion
      See other countriesSee indicator history
    • Is there evidence of majority driven segregation ("white flight" phenomenon)?

      There is some evidence that there is a regional segregation of migrant population.

      Qualitative Info

      There is some evidence that there is a regional segregation of migrant population. A major proportion of the population with migrant background lives in bigger cities. In Vienna one third of the population has a migration background. That is twice as high as the average proportion of migrants in other federal states. About 40 per cent of the migrant population lives in Vienna compared to 16 per cent of persons without migration background.

      In 2008, in Vienna the highest proportion of migrants was in the 15th district (32.3 per cent) followed by the 2nd district (27.7 per cent), the 5th district (27.4 per cent) and the 20th district (27.1 per cent). The districts with the lowest share of migrants were the 23rd district (10.3 per cent), the 22nd district (10.6 per cent), the 21st district (12.4 per cent) and the 19th district (15.9 per cent)


      Source: http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf; http://www.wien.gv.at/statistik/bezirk-menschen.html#bev

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of denial of housing/housing rights for certain ethnic groups?

      Yes.

      Qualitative Info

      In ZARA’s Racism Report 2011 and 2010,  incidents relating to housing are subsumed under the heading “goods and services”. The cases published in the Report 2011 include 17 housing-related incidents (in 2010: 14). Helping Hands Graz documented 433 racist incidents in its annual report (in 2010: 389, 24 per cent of which concerned housing). Even though discriminatory housing advertisements remained a problem, ZARA reports on increased awareness of housing platforms and media to swiftly remove respective ads. Since March 2011 discriminatory housing advertisements are legally prohibited. Besides discriminatory advertisements, incidents reported to both NGOs encompassed discriminatory allocation practices and racist harassment by neighbours.


      Sources:

      1. ZARA, 2010, Rassismus Report 2010, http://www.zara.or.at/_doc/2011/Zara_RassismusReport_2010.pdf, Accessed on 05.11.2012.
      2. ZARA, 2011, Rassismus Report 2011, http://www.zara.or.at/_wp/wp-content/uploads/2012/03/Zara_RR11_RZ_Web_fin.pdf, Accessed on 05.11.2012.
      3. Helping Hands, 2010, Jahresbericht 2010, http://helpinghands.htu.tugraz.at/2010.pdf, Accessed on 07.11.2012.
      4. Helping Hands, 2011, Jahresbericht 201, http://www.etc-graz.at/typo3/fileadmin/user_upload/ETC-Hauptseite/Programm/Aktuelles/aktuell_ab_201108/Helping_Hands_2011.pdf, Accessed on 07.11.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence that migrant/minority groups face especially serious problems in accessing housing of an acceptable quality?

      Yes.

      Qualitative Info

      The publication "migration & integration" published by Statistics Austria reveals significant differences of living conditions between migrants and persons without migration background. In 2010 and 2011, persons with a migration background not only had less housing space at their disposal than the average population, they also were significant differences in housing quality standards. Whereas on average only 2 per cent of the population lived in sub-standard flats,  the respective figure for first generation migrants amounted to 6 per cent in 2010 and 5 per cent in 2011. The worst-off group were migrants from the former Yugoslavia. 9 per cent in 2010 and 8 per cent in 2011 of this group lived in sub-standard flats. Statistics Austria also reported that migrants are living in considerable poorly equipped flats compared to those of persons without migration background.


      Source:

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Migrant or minority group which faces especially serious problems in accessing housing of an acceptable quality?

      Migrants with Turkish origin are most disadvantaged in regard to housing space, migrants from the former Yugoslavia are the worst-off group concerning the equipment of the flats.

      Qualitative Info

      In 2010 and 2011, persons with a migration background had less housing space at their disposal than the average population. Compared to an average living space of 44 square metres per person in 2011 (43 square meters in 2010), persons with migration background were living on 31 square metres per person (in 2010: 31 square meters). EU-citizens had approximately 48 square meters (in 2010: 47 square meters) at their disposals, migrants from the former Yugoslavia lived in about 26 square meters and migrants of Turkish descent were worst off with only 21 square metres per person in both years.
      The report published by Statistik Austria further reveals significant differences of living conditions between migrants and persons without migration background. In 2010 and 2011, persons with a migration background not only had less housing space at their disposal than the average population they also were significant differences in housing quality standards. Whereas on average only 2 per cent of the population lived in sub-standard flats, the respective figure for first generation migrants amounted to 5 per cent in 2011 (6 per cent in 2010).

      In 2010 and 2011 one per cent of persons without migration background lived in sub-standard flats, whereas also on average 1 per cent in 2011 and 2 per cent in 2010 of persons from EEA-countries, Switzerland and EU-countries, which entered the EU before 2004, lived in the same conditions. In 2011, 7 per cent (in 2010: 5 per cent) of migrants from Turkey and 4 per cent (in 2010: 5 per cent) of third-country citizens were inhabitants of sub-standard accommodations. The worst-off group were migrants from the former Yugoslavia. 8 per cent in 2011 and 9 per cent in 2010 of this group lived in sub-standard flats. Statistics Austria also reported that migrants are living in considerable poorly equipped flats compared to those of persons without migration background.
      ________________________________________
      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 07.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 07.11.2012.

       

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?

      Yes.

      Qualitative Info

      There is no systematic data about difficulties of migrants or minority groups in purchasing or renting property. However, in ZARA’s Racism Report 2010 in the section "Housing and goods" there are several incidents about discriminatory housing advertisements and persons with migration background or ethnic minorities having difficulties renting a flat. ZARA documented three incidents of discriminatory housing advertisments, one case where a man was denied an appointment for viewing a flat because of his colour of skin and one person who was refused to extend his lease because he wasn't an Austrian citizen. ZARA's Racism Report 2011 again contains several incidents about discriminating housing advertisments and problems of individuals concerning finding a flat because of their ethnic or foreign origin.


      Source:

      1. ZARA, 2010, Rassismus Report 2010, http://www.zara.or.at/_doc/2011/Zara_RassismusReport_2010.pdf, Accessed on 05.11.2012.
      2. ZARA, 2011, Rassismus Report 2011, http://www.zara.or.at/_wp/wp-content/uploads/2012/03/Zara_RR11_RZ_Web_fin.pdf, Accessed on 05.11.2012.

       

       

      Groups affected/interested

      • Migrants
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Afrophobia

      Key socio-economic / Institutional Areas

      • Housing
      See other countriesSee indicator history
    • Affected group with particular difficulties in purchasing or renting property of own choice

      There is no reliable data available to answer this question.

      Qualitative Info

      There is no reliable data available to answer this question.

      See other countriesSee indicator history
  • Education

    The unequal access to education is still a problem, especially of children originating from the Roma Community. The performance of students with migration background is below the average and the drop out rate is higher, but there is no comprehensive collection of data in this regard. During compulsory education mother-tongue-courses are provided as optional exercises. There are many initiatives to improve the poor educational performance of migrant and minority groups.

    • Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?

      Unequal access to education is still a problem faced by children originating from the Roma Community.

      Qualitative Info

      There is no data on different enrolment rates for members of minority groups. Evidence about obstacles in access to equal education is obtained by research based on self assessmenst of Roma organisations. Findings show that Roma children are more often attending special schools than members of majority population and their representation in higher level education is still disproportionally low. The Advisory Council moreover points at a tendency to under-achieve among Roma pupils and recommends the implementation of comprehensive measures aiming at integration in the classroom.


      Sources:

      Austria Raxen National Focal Point (2004): Analytical Report in Education. http://fra.europa.eu/fraWebsite/attachments/R4-EDU-AT.pdf

      Advisory Committe on the Framework Convention for the Protection of National Minorities. Third Opinion on Austria adopted on 28 June 2011. http://www.coe.int/t/dghl/monitoring/minorities/3_FCNMdocs/PDF_3rd_OP_Austria_en.pdf
       

       

      Groups affected/interested

      • Roma & Travelers
      • Ethnic minorities

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Practical obstacles and evidence of problems and differential enrollment rates for migrants?

      Yes, but the situation is quite complex.

      Qualitative Info

      According to the report migration & integration published by Statistik Austria children with migration background were less likely to attend nursury school, preschool or kindergarden. In 2010, 40 per cent (in 2009: 39 per cent) of 2-year old children with Austrian citizenship attended nursery school compared to 31 per cent (in 2009: 35 per cent) of 2-year old children with migration background. However, the relation is reversed concerning children of school age. There are more Austrian children between the age of 6 to 11 who attend a child care center than children from immigrants.

      In school year 2010-2011 about 10 per cent (2009-2010: 9 per cent) of all students didn't have Austrian citizenship. In schools for special education the proportion of non-Austrian students was twice as high (18 per cent). Most of the latter are students from the former Yugoslavia (without Slovenia) and Turkey. 11.1 per cent of students attending elementary school had a foreign citizenship (3.0 per cent EU, EEA or Switzerland; 3.8 per cent former Yugoslavia (without Slovenia); 1.9 per cent Turkey and 2.4 per cent other countries). 12.4 per cent of students attending secondary modern school were non-Austrian citizens (2.3 per cent EU, EEA or Switzerland; 4.9 per cent former Yugoslavia (without Slovenia); 2.6 per cent Turkey and 2.5 per cent from other countries). The proportion of foreign students in upper secondary education is below average (7.3 per cent in general upper secondary schools [AHS] and 6.0 per cent in vocational upper secondary schools [BHS]). Especially in the AHS students with a citizenship of EU or EEA-countries or Switzerland (3.5 per cent) are outnumbering those from the former Yugoslavia (2.1 per cent) or Turkey (0.4 per cent). The relation is reversed in vocational upper secondary schools. In 2010-2011 there were 1.9 per cent students from EU, EEA-countries and Switzerland, 2.7 per cent students from the former Yugoslavia (without Slovenia), 0.5 per cent of students from Turkey and 0.9 per cent students from other countries.

      In the winter term 2010-2011 the proportion of foreign students at Austrian universities was (2009-2010: 17 per cent). 37 per cent were from Germany, 12 per cent from Italy, 22 per cent from other EU and EEA-countries including Switzerland, 10 per cent from the former Yugoslavia, 5 per cent from Turkey, 3 per cent from other European countries and 11 per cent from non-European countries. In the winter term 2009-2010, 35 per cent of foreign students were from Germany, 13 per cent from Italy, 22 per cent from other EU and EEA-countries including Switzerland, 11 per cent from the former Yugoslavia, 5 per cent from Turkey, 3 per cent from other European countries and 11 per cent from non-European countries.


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 07.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 07.11.2012.

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Poorer educational performance by certain groups?

      The performance of students with migration background is below the average and the drop out rate is higher.

      Qualitative Info

      The regular Austrian school system can be characterized as being very selective in regard to students with migrant and refugee background and coming from socially weak families. The dropout rate among those adolescents is quite high. This diagnosis is also supported by the findings of a study carried out on behalf of the Austrian Federal Ministry for Education, Arts and Culture in 2007. The proportion of students dropping out from the school system who are Austrian citizens and whose first language is German is 7.2%. The dropout rate of students of the so-called 2nd or 3rd generation of migrants and whose first language is not German is 15.6% and of those without EU-citizenship amounts to 29.8%.

      Results of the PIRLS-survey 2006 concerning the performance of students in elementary schools in the field of mathematic and natural science show that the performance of students at the end of elementary schools is corresponding to the average OECD-performance. However, students whose parents weren't born in Austria, are performing below the international average.

      Findings of the PISA-survey 2006 reveal that the performance of Austrian students at the end of compulsory schooling corresponds to the average performance of students in the OECD-region in the fiels of reading, mathematics and natural sciences. However, the performance of students coming from families with migration background is significantly below the average. Students of the second or third generation of immigrations are scoring less than Austrian students. Whereas the reading abilities of 25 per cent of students with migration background was corresponding or above the OECD-average, the percentage of Austrian students in this regard amounted up to 50 per cent. Especially concerning highest or lowest scores the performance of non-Austrian students was considerably less compared to Austrian students.


      Source: Steiner, M./Wagner, E. (2007) Dropoutstrategie, Grundlagen zur Prävention und Reintegration von Dropouts in Ausbildung und Beschäftigung, Studie im Auftrag des Bundesministeriums für Unterricht, Kunst und Kultur, November 2007, available at: http://www.bmukk.gv.at/medienpool/16245/do_strategie_endbericht.pdf; http://www.oecd.org/dataoecd/2/51/44584913.pdf

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?

      The dropout rate among adolescents with migration background is quite high.

      Qualitative Info

      This diagnosis is also supported by the findings of a study carried out on behalf of the Austrian Federal Ministry for Education, Arts and Culture in 2007. The proportion of students dropping out from the school system who are Austrian citizens and whose first language is German is 7.2%. The dropout rate of students of the so-called 2nd or 3rd generation of migrants and whose first language is not German is 15.6% and of those without EU-citizenship amounts to 29.8%. However there is no data available segregated according to the national or ethnic origin of the students.

      According to the report migration & integration published by Statistik Austria children with migration background were less likely to attend nursury school, preschool or kindergarden. In 2010, 40 per cent (in 2009: 39 per cent) of 2-year old children with Austrian citizenship attended nursery school compared to 31 per cent (in 2009: 35 per cent) of 2-year old children with migration background. However, the relation is reversed concerning children of school age. There are more Austrian children between the age of 6 to 11 who attend a child care center than children from immigrants.

      In school year 2010-2011 about 10 per cent (2009-2010: 9 per cent) of all students didn't have Austrian citizenship. In schools for special education the proportion of non-Austrian students was twice as high (18 per cent). Most of the latter are students from the former Yugoslavia (without Slovenia) and Turkey. 11.1 per cent of students attending elementary school had a foreign citizenship (3.0 per cent EU, EEA or Switzerland; 3.8 per cent former Yugoslavia (without Slovenia); 1.9 per cent Turkey and 2.4 per cent other countries). 12.4 per cent of students attending secondary modern school were non-Austrian citizens (2.3 per cent EU, EEA or Switzerland; 4.9 per cent former Yugoslavia (without Slovenia); 2.6 per cent Turkey and 2.5 per cent from other countries). The proportion of foreign students in upper secondary education is below average (7.3 per cent in general upper secondary schools [AHS] and 6.0 per cent in vocational upper secondary schools [BHS]). Especially in the AHS students with a citizenship of EU or EEA-countries or Switzerland (3.5 per cent) are outnumbering those from the former Yugoslavia (2.1 per cent) or Turkey (0.4 per cent). The relation is reversed in vocational upper secondary schools. In 2010-2011 there were 1.9 per cent students from EU, EEA-countries and Switzerland, 2.7 per cent students from the former Yugoslavia (without Slovenia), 0.5 per cent of students from Turkey and 0.9 per cent students from other countries.

      In the winter term 2010-2011 the proportion of foreign students at Austrian universities was (2009-2010: 17 per cent). 37 per cent were from Germany, 12 per cent from Italy, 22 per cent from other EU and EEA-countries including Switzerland, 10 per cent from the former Yugoslavia, 5 per cent from Turkey, 3 per cent from other European countries and 11 per cent from non-European countries. In the winter term 2009-2010, 35 per cent of foreign students were from Germany, 13 per cent from Italy, 22 per cent from other EU and EEA-countries including Switzerland, 11 per cent from the former Yugoslavia, 5 per cent from Turkey, 3 per cent from other European countries and 11 per cent from non-European countries.


      Source:

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?

      Yes, there are many.

      Qualitative Info

      The Nationaler Aktionsplan für Integration (National action plan for Integration), which was published by the Ministry of Interior in January 2010, includes a section describing challenges, principles and objectives with regard to matters of integration in the area of education. In this section, the following declarations of intent are listed: the pre-school language promotion for children should be further developed; multilingualism and the principle of intercultural education should be taken into account in the entire education system; language courses for migrant women and parents of children with a migrant background should be advanced; the acquisition of German by new immigrants should be supported; teenagers with a migrant background should be supported in their educational and professional orientation; further education for adults with a migrant background should be offered to a greater extent; formal degrees and competences which were acquired abroad should be approved more easily; the training of teachers should include the acquisition of intercultural competences and anti-racist awareness-raising should be integrated into the school system.  However, organisations like ZARA and opposition parties like the Greens criticise that the NAP does neither indicate who is responsible for the implementation of the declarations of intent nor does it mention by whom these measures shall be financed.

      There are many initiatives by NGOs aiming at promoting the advancement of students with migration background. The following represent just a few examples:

      • > “Dynamo” is a comprehensive programme consisting of a network of partners, which offers a broad range of qualification skills and educational achievement for young migrant persons for integration into the educational system and into the job market.
      • > EPIMA I+II (2002 – 2007): targeting asylum-seeking children, mainly through providing basic and advanced education, job orientation and preparation for the labour market, psychosocial counseling.
      • > Educational project “BACH”: Basic Education – Coaching – Courses for the Graduation of Secondary Education.
      • > Project Minerva: Basic Education – Preparatory Courses for Secondary Education Graduation – Developing of intercultural and social competences.
      • > Re-qualification programme following Secondary Education Graduation – preparation for labour market in cooperation with the private business sector (apprenticeships, internships, employment)

      Sources: http://www.integration.at/fileadmin/Staatssekretariat/4-Download/Bericht_zum_Nationalen_Aktionsplan.pdf; http://www.epima.at/; http://fluechtlingsdienst.diakonie.athttp://www.sos-kinderdorf.athttp://www.vhs-sbg.at; http://www.lobby16.org/; http://www.jubiz.at; http://www.integrationshaus.at.

      Groups affected/interested

      • Migrants
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Victimisation in schools (bullying/harassment/racist violence) ?

      There are several racist incidents in schools reported by NGOs. However there is no comprehensive collection of data in this regard.

      Qualitative Info

      There are several racist incidents in schools reported by NGOs. However there is no comprehensive collection of data in this regard. The following examples constitute some exemplary cases of discrimination:

      A case which attracted a lot of public and media attention occurred in a school in Graz. During a school trip, two girls tried to burn the headscarf of a female Muslim classmate. The fringes of the headscarf were damaged, the scarf itself did not catch fire. After talking to the girls, the school principal and the Landesamt für Verfassungsschutz und Terrorismusbekämpfung (LVT) [Regional Agency for the Protection of the Constitution and Counter-Terrorism] ruled out religious motives for the act and declared that it was just a harmless fight. The spokeswoman of the Islamische Glaubensgemeinschaft (IGGiÖ) [Islamic Faith Community] stated that although it might have been just a normal fight between school girls the incident should not be played down. She said that presumably the two aggressors had been aware of the symbolic character of the act. Since the two girls had not been ready to apologise to the victim, they were suspended from the school and charged for attempted bodily harm.


      Other exemplary incidents in schools concerning racist slander: a girl was mobbed by her classmates because of her black skin  and a Chechen boy was insulted by his classmates and teachers as “weird and a potential terrorist” because of his status as asylum seeker.  Increased complaints by parents were documented by Helping Hands Graz: their children were forbidden to use their mother tongue in everyday conversations at school. 


      In another case, which was also reported on by the media, a university staff member detected “systematic discrimination” with regard to students who were long-term resident third-country nationals: they had been regularly asked to pay university fees although there were laws explicitly excluding long-term resident third country nationals from this obligation.

      Further incidents happened in Linz where a teacher used defaming expressions in regard to persons of dark skin and in Graz where a teacher degraded a student of Egyptian origin.


      Sources: http://helpinghands.htu.tugraz.at/2009.pdf; http://www.zara.or.at/_doc/2010/ZARA_RassismusReport2009.pdf; http://helpinghands.htu.tugraz.at/2010.pdf; http://www.zara.or.at/_doc/2011/Zara_RassismusReport_2010.pdf

      Groups affected/interested

      • Migrants
      • Muslims
      • Ethnic minorities

      Type (R/D)

      • Anti-migrant/xenophobia
      • Islamophobia
      • Afrophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Provision of option to learn mother language other than the majority's

      Yes, at the level of compulsory schools since 1992-1993.

      Qualitative Info

      Only at the level of compulsory schools, language training in the child’s mother tongue is provided all over Austria since 1992/93. All pupils with a different first language than German are eligible to attend courses in different languages. In primary schools, special schools and lower secondary schools, mother-tongue-courses are provided as optional exercises and free subjects up to six hours per week. Statistically, Turkish  (13.961 pupils or 46.8%) and BKS (Bosnian/Croatian/Serbian – 10.870 pupils - 36.5%) are the most widely spoken (first) languages and account for more than 80% (24,831 in total) of all pupils attending one of these two mother tongue language courses.

      According to the third state report of Austria about the implementation of the Framework Convention for the Protection of National Minorities (FCNM), the positive trend concerning the registration of children for lessons in Slovenian language has continued in Carinthia. In the school year 2009/2010, 1,831 children (41.27 per cent) were registered for bilingual lessons in elementary schools. Additionally, 185 pupils attended bilingual lessons in two elementary schools in Klagenfurt which increases the total number of children attending bilingual lessons to 2,016. In the last two years, the number of pupils attending lessons in Slovenian has remained steady: in the school year 2008/09, 1,853 children (41.12 per cent) were registered for bilingual courses and 190 pupils attended bilingual lessons in two elementary schools in Klagenfurt. In secondary schools, 1,550 pupils attended lessons in Slovenian language in 2009/2010.        

      In the autochthonous settlement area of the national minorities in the Burgenland, the children – nearly without exception – attend bilingual lessons in Hungarian as well as in Croatian.  In the school year 2009/2010, 2,143 pupils in compulsory schools and secondary schools were registered for lessons in Croatian and 2,717 pupils in compulsory schools and secondary schools were registered for lessons in Hungarian. Only five children in the compulsory school system attended lessons in Romanian.

      Schoolbooks and teaching material in the languages of the national minorities are regularly updated and advanced. In doing so, the Federal Chancellery seeks to cooperate with scientific institutes at Austrian universities and associations of national minorities. An example is the education service of the Burgenland which provides didactic material for bilingual instruction. Furthermore, the publication of a new schoolbook in Slovak (“Slovencslovo za slovom”) is mentioned. The Landesschulräte [Federal Education Authorities] are regularly carrying out enquiries to measure the degree of satisfaction of the teachers with the bilingual schoolbooks and teaching material.


      Sources: http://www.bka.gv.at/DocView.axd?CobId=42120; http://www.bmukk.gv.at/medienpool/6416/nr1_10.pdf

      Groups affected/interested

      • Migrants
      • Ethnic minorities
      • Linguistic minorities

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of migrants

      Migrants have a significantly different educational profile compared to persons without a migrant background: they are overrepresented in the highest and lowest levels of education, whereas persons without a migrant background dominate in the medium level of education.

      Qualitative Info

      According to the Annual Statistics Year Book 2011 and the Annual Statistics Year Book 2012, migrants have a significantly different educational profile compared to persons without a migrant background: they are overrepresented in the highest and lowest levels of education, whereas persons without a migrant background dominate in the medium level of education. In the last decades, an overall increase in the educational level of Austria’s population could be observed. Concerning the population with a migrant background, the statistical increase in their educational level between 1991 and 2011 can mainly be traced back to the immigration of highly qualified persons from EU Member States. 

      In 2011, 19.1 per cent (2010: 20.6 per cent) of persons with a migrant background have obtained a university, college or academic degree in comparison to only 14.2 per cent (2010: 14 per cent) without a migrant background. However, it is mainly persons from the EU, EEA and Switzerland (25.4 per cent, in 2010: 26.3 per cent) as well as persons from other countries (35.3 per cent, in 2010: 38.7 per cent) who make up this relatively high figure. Only very few migrants from former Yugoslavia (Slovenia excluded) (4.9 per cent, in 2010: 5.7 per cent) and Turkey (3.9 per cent, in 2010: 3.5 per cent) have obtained a university degree. Yet, especially persons from former Yugoslavia and Turkey are overrepresented at the lowest educational level. In 2011, the proportion of people with a migrant background having only attended compulsory school was – with 30.6 per cent (in 2010: 30.1 per cent) – about twice as high as the proportion of persons without a migrant background. Among those, migrants from former Yugoslavia (Slovenia excluded) (37.4 per cent, in 2010: 37.4 per cent) and Turkey (66.8 per cent, in 2010: 66 per cent) predominated. The percentage of children with migrant background is also extremely high in special needs schools. Children who use another every-day language than German at the time of school enrolment or are of non-Austrian nationality are often forced to start in a special needs school instead of a regular elementary school.    

      Given the fact that children with a migrant background are still disadvantaged in the educational system, ECRI recommends Austria to sign and ratify the UNESCO Convention against Discrimination in Education. Furthermore, ECRI points out that one of the main causes for the discrimination of children with a migrant background – the early segregation of pupils into vocational schools/high schools and secondary schools – has still not been tackled. Because of this early segregation, children with a migrant background and socio-economically disadvantaged children (which often applies to migrants) are restricted in their access to higher education. 


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
      2. Statsitik Austria, 2012, migration & integration, zahlen. daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 05.11.2012.
      3. ECRI, 2010, ECRI Report on Austria (fourth monitoring cycle, http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Austria/AUT-CbC-IV-2010-002-ENG.pdf, Accessed on 05.11.2012.

      •  

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
    • Evidence of school segregation and/or policies of separate/distinct schooling of minorities

      There is not much information available on this issue. The information available refers to bilangual lessons.

      Qualitative Info

      According to the third state report of Austria about the implementation of the Framework Convention for the Protection of National Minorities (FCNM), the positive trend concerning the registration of children for lessons in Slovenian language has continued in Carinthia. In the school year 2009/2010, 1,831 children (41.27 per cent) were registered for bilingual lessons in elementary schools. Additionally, 185 pupils attended bilingual lessons in two elementary schools in Klagenfurt which increases the total number of children attending bilingual lessons to 2,016. In the last two years, the number of pupils attending lessons in Slovenian has remained steady: in the school year 2008/09, 1,853 children (41.12 per cent) were registered for bilingual courses and 190 pupils attended bilingual lessons in two elementary schools in Klagenfurt. In secondary schools, 1,550 pupils attended lessons in Slovenian language in 2009/2010.       

      In the autochthonous settlement area of the national minorities in the Burgenland, the children – nearly without exception – attend bilingual lessons in Hungarian as well as in Croatian.  In the school year 2009/2010, 2,143 pupils in compulsory schools and secondary schools were registered for lessons in Croatian and 2,717 pupils in compulsory schools and secondary schools were registered for lessons in Hungarian. Only five children in the compulsory school system attended lessons in Romanes.


      Sources: http://www.bka.gv.at/DocView.axd?CobId=42120; http://www.bmukk.gv.at/medienpool/6416/nr1_10.pdf

      Groups affected/interested

      • Ethnic minorities

      Type (R/D)

      • Inter-ethnic

      Key socio-economic / Institutional Areas

      • Education
      See other countriesSee indicator history
  • Health And Social Protection

    Migrants less frequently use preventive than curative health care. The life expectancy of persons with foreign origin is higher but also the rate of stillborn children and infant mortality. There is evidence that migrant population is suffering from chronic disease to a greater extent. Migrants have a higher risk of poverty than the rest of the population. The National Action Plan for Integration includes a section concerning matters in the area of health care and social services.

    • Is there evidence of increased morbidity rates for minority and migrant groups?

      Yes.

      Qualitative Info

      Persons coming from Turkey or the former Yugoslavia less frequently use preventive than curative health care. Especially hospitalisation and medical practitioners are more frequently used by persons with migration background. Yet, dental services and ophthalmological examinations are less often used by persons with migration background. Women with migration visit less often the gynaecologist than Austrian women.
      Furthermore the morbidity rate of persons with migration background is higher than those of Austrian origin. Especially high are chronic spinal problems among migrants from Turkey or the former Yugoslavia (without Slovenia). Also migraine, high blood pressure, chronic anxiety and depression are more widespread among migrants from Turkey or the former Yugoslavia than of Austrian citizens or citizens from other countries.


       

      Source: http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf

      Groups affected/interested

      • Migrants

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Is there evidence of increased mortality rates for minority and migrant groups?

      The life expectancy of persons with foreign origin is higher but also the rate of stillborn children and infant mortality.

      Qualitative Info

      The life expectancy of persons with migration background ist higher than of Austrian citizens who were born in Austria. In 2011, the life expectancy at birth of Austrian woman was 83.4 years (in 2010: 83.1 years) and of women with migration background 83.3 years (in 2010: 83.2 years). Men of Austrian origin had a life expectancy at birth of 78.0 years in 2011 (77.6 years in 2010), whereas those of men with migration background was 78.9 years (in 2010: 78.4 years). However, there are differences in life expectancy concerning the country of origin: The life expectancy of persons from the former Yugoslavia hardly differs from that of Austrian origin. The life expectancy of Turkish men is with 79.4 years (in 2010: 78.0 years) slightly above the Austrian average. Also the life expectance of Turkish women is higher (85.6 years, in 2010: 84.5 years) than that of Austrian women. Persons from other countries than the EU, EEA, Switzerland, Turkey or the former Yugoslavia also have a higher life expectancy than persons from Austria (men 81.5 years, women 86.4 years, in 2010: men 80.2 years and women 85.9 years).

      In 2011, the rate of stillborn children of mothers with migration background was 4.4 per thousand and infant mortality of the same group (infants who decease during the first year) was 4.9 per thousand. Mothers from Turkey have the highest rate of giving birth to a stillborn child (8.3 per thousand), followed mothers from the EU, EEA or Switzerland (3.4 per thousand stillborn children, 4.2 per thousand infant mortility rate), former Yugoslavia without Slovenia (3.5 per thousand stillborn children, 5.0 per thousand infant mortility rate) and other countries (5.9 per thousand stillborn children, 3.1 per thousand infant mortility rate).


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 07.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 07.11.2012.

       

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Type (R/D)

      • Anti-migrant/xenophobia

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Is there evidence of forced heatlhcare/intervention practices to minorities?

      There is no data available on this indicator.

      Qualitative Info

      There is no data available on this indicator.

      See other countriesSee indicator history
    • Specific health issues such as diseases specific to particular groups

      There is evidence that migrant population is to a greater extent suffering from chronic disease.

      Qualitative Info

      Persons coming from Turkey or the former Yugoslavia less frequently use preventive than curative health care. Especially hospitalisation and medical practitioners are more frequently used by persons with migration background. Yet, dental services and ophthalmological examinations are less often used by persons with migration background. Women with migration background visit less often the gynaecologist than Austrian women.
      Furthermore the morbidity rate of persons with migration background is higher than those of Austrian origin. In 2010, chronic spinal problems were especially high among migrants from Turkey or the former Yugoslavia (without Slovenia). Also migraine (approx. 22 per cent migrants from Turkey or former Yugoslavia, 15 per cent from Austria and 14 per cent from other countries), high blood pressure (approx. 22 per cent migrants from Turkey or former Yugoslavia, 16.5 per cent from Austria and 15 per cent from other countries), arthrosis and rheumatism (approx. 15 per cent migrants from Turkey or former Yugoslavia, 13 per cent from Austria and 12 per cent from other countries), chronic anxiety and depression (approx. 11 per cent migrants from Turkey or former Yugoslavia, 11 per cent from Austria and 10 per cent from other countries) were more widespread among migrants from Turkey or the former Yugoslavia than of Austrian citizens or citizens from other countries in this year. Concerning allergies the relation was reversed: 17 per cent of Austrian citizens, 15 per cent of migrants from other countries and only 10 per cent of migrants from Turkey or the former Yugoslavia complained about allergies.


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 05.11.2012.

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?

      There is no information available for this indicator.

      Qualitative Info

      There is no information available for this indicator.

      See other countriesSee indicator history
    • Do migrants have a higher risk of poverty than the rest of the population?

      Yes.

      Qualitative Info

      In 2010, foreign citizens who were employed in Austria throughout the whole year received a net income of approximately 18,361 Euro. That means they earned 83% of the median income (22,026 Euro) in Austria. Austrian citizens had a median income of 22,448 Euro at their disposal. Citizens from EU-countries which had entered the EU before 2004 earned slightly less than Austrian citizens. Citizens from EU-countries which had joined the EU after 2004 and citizens from the former Yugoslavia and Turkey earned nearly one-fifth less than Austrian citizens and citizens from other Non-EU-states received the least income (16,080 Euro, about 73% of the median income). Compared with 2008 the difference in wage level beween Austrian citizens and persons with migration background is increasing.

      In the years 2007/2009 approximately 12 per cent of the population was at a risk of poverty and 6 per cent of the population was affected by manifest poverty. Compared to the years 2004/2006 the population at a risk of poverty decreased by one percentage point and the population affected by manifest poverty increased by one percentage point. To be at risk of poverty was much more likely among the population with foreign citizenship (24 per cent) compared to the population with Austrian citizenship (11 per cent). Most likely to be at risk of poverty were Turkish citizens (36 per cent), persons from other Non-EU-countries (40 per cent). The possibility to be affected by manifest poverty was three times higher among foreign citizens (foreign citizens total: 15 per cent, Austrian citizens: 5 per cent, EU/EEA/Switzerland: 9 per cent, former Yugoslavia (without Slovenia): 13 per cent, Turkey: 18 per cent, other countries: 27 per cent).


      Source:

      1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
      2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 05.11.2012.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Employment - labour market
      • Health and social protection
      • Integration - social cohesion
      See other countriesSee indicator history
    • Is there evidence that migrant or minority women are particularly vulnerable in accessing and receiving effective health care services?

      Although there is a lack of data there is some evidence that migrant or minority women are particularly vulnerable in accessing and/or receiving effective health care services

      Qualitative Info

      Although there is a lack of data there is some evidence that migrant or minority women are particularly vulnerable in accessing and/or receiving effective health care services. The Austrian Migration- and Integrationreport 2003 indicates that the health risk for migrant women is significantly higher than that of women with Austrian origin.

      The yearbook migration & integration reports that women with migration background less frequently visit a gynaecologist. This observation is also underpinned by the available data in the area of early diagnosis which reveal that there are significant deficits with regard to the use of respective medical methods especially by female migrants from Turkey and former Yugoslavia: only 55 per cent of the female migrants aged 40 years and older have undergone a mammography in the last three years (in comparison to 76 per cent of Austrian women) and only 32 per cent of women from Turkey or the former Yugoslavia have undergone a cervical smear (compared to 56 per cent of Austrian women).


      Source: http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf; Fassmann, Heinz/Stacher, Irene (ed.) (2003): Österreichischer Migrations- und Integrationsbericht. Wien.

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
    • Are there policies and/or good practices accomodating culture/ traditions' respect in health care

      Qualitative Info

      The National Action Plan for Integration, which was published by the Bundesministerium für Inneres (BMI) [Federal Ministry of the Interior (MoI)] in January 2010, includes a section on challenges, principles and objectives concerning matters of integration in the area of health care and social services. In this section, the following declarations of intent are listed: intercultural competences should be strengthened in the areas of health care and social services; the “health literacy”  of migrants should be improved; specific services and measures should especially target female migrants in order to protect their health more effectively; migrants should be offered more jobs and perspectives in the health care area and the social situation of people with a migrant background should be improved. 

      In its Annual Report 2009, the Austrian Ombudsman welcomed that the 12. Ärztegesetz-Novelle [12th amendment of the medical law] eased the former strict regulation which required Austrian citizenship for persons who wanted to achieve the medical job-authorisation in Austria. According to sec. 4 and 5b of the amended medical law, the attainment of the medical job-authorisation is now also possible for persons from the EEA, Switzerland and for third-country nationals who have the right of long-term residence.

      There are hardly any new good practice initiatives in the area of health care. Two health care initiatives which specifically target women with a migrant background are presented below. The two projects are conducted by the FEM Süd, a health centre for women based in Vienna:

      1) The project “women in motion” started in April 2010. It is organised by the association “FEM-Institute for women’s and men’s health”. FEM is a non-profit association with three headquarters in three different Viennese hospitals. The project is targeting women with a migrant background in order to compensate for the lack of offers for female migrants in the area of the promotion of health and exercise. Women with a migrant background between 18 and 50 are invited to participate in weekly exercise courses for a fee of only one Euro. The exercise courses are supposed to sustain the women’s apperception of their own bodies and therefore contribute to a better health awareness of the women in general. Furthermore, the long-term objective of the project is to better institutionalise exercise and health courses for women with a migrant background in culture and sport institutions. Additionally, very talented and active participants can receive further instruction so that they are able to give exercise lessons themselves. This strengthens their self-confidence and can have a positive influence on their independence and integration.

      2) Healthy working without borders 3-Gender sensitive and intercultural health promotion for cleaning staff in the Viennese Hospital Association: The project started in September 2009 and runs until August 2012 and is organised by FEM Süd. It is the first gender- and culture sensitive project of health promotion in businesses in Austria. The target group are low qualified women who work in hospitals respectively geriatric centres of the Viennese Hospital Association either as cleaning staff or in the laundry. Women with migrant background are especially addressed since they are overrepresented among the cleaning staff. The intercultural, socio-economically disadvantaged professional group of cleaning women is often restricted in the access to projects concerning the health promotion in businesses. Consequently, the project aims at enhancing the participation of cleaning women with and without a migrant background in health promotion measures in businesses. To achieve this, FEM Süd organises for example health groups in which the cleaning women can communicate in their mother tongue. This measure is meant to empower the women and strengthen their resources and competences. On the other hand, the businesses are supported in creating a health promoting work environment. The project is the successor of “Healthy working without borders 1&2”, which were carried out by the FEM Süd in the years before.         


      Source: http://www.integrationsfonds.at/fileadmin/Integrationsfond/NAP/nap_bericht.pdf; http://volksanwaltschaft.gv.at/downloads/2e9p7/PB33-Hauptteil.pdf

      Groups affected/interested

      • Migrants
      • Refugees
      • Asylum seekers

      Key socio-economic / Institutional Areas

      • Health and social protection
      See other countriesSee indicator history
  • Political & Civic Participation

    Migrants are entitled to vote or to be elected if they have acquired Austrian citizenship. There is no right to self-government for minority members. There are the so called National Minority Advisory Councils (Volksgruppenbeiräte), but in practice, they are regarded as a government tool to control independent national minority organisations. The Public administration doesn’t reflect the ethnic diversity of society.

    • Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote

      Qualitative Info

      In April 2010, the City Council of Vienna published its Monitor for Integration and Diversity, a tool to capture the outcome of integration measures and to evaluate the performance of Vienna’s diversity approach. While the monitor observes a process of social advancement, inequalities based on migrant background can still be noticed.
      With regard to political participation the monitor highlights the significant decrease of naturalisations – due to legal restrictions – which leads to the situation that 20 per cent of the population of voting age do not have the right to vote in municipal or national elections. This illustrates the need to grant non-EU citizens the right to vote and stand as candidates in local elections. In some Austrian municipalities (Graz, Linz) aliens’ advisory boards whose members are third country nationals have been set up enabling migrants to have a say in local affairs. However, the effectiveness of these boards as a tool for political participation is rather questionable. They are only consultative bodies whose competences are restricted to issues concerning migration and integration. The influence of these bodies is therefore very restricted and their establishment cannot be seen as an alternative to the introduction of electoral rights for third country nationals.


      Source: http://www.wien.gv.at/menschen/integration/pdf/diversitaetsmonitoring.pdf;

      Groups affected/interested

      • Migrants

      Key socio-economic / Institutional Areas

      • Political participation
      See other countriesSee indicator history
  • Public Life, Culture, Sport & Media

    There are several initiatives to promote migrant and minority media, however, the representation of minorities and migrants in media is quite poor. It appears that the media contributes to the spread of racist and xenophobic stereotypes. Concerning the involvement of migrants in sport, there are sport club organised for and by migrants, but migrants are still underrepresented in sport clubs.