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Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
10/01/2012 - 20:52
Short Answer

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
Type (R/D)
Key socio-economic / Institutional Areas Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Anti-discrimination
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