Austria - 2012
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
- Code:
- RED17
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
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.
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| 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.
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| 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 |
| External Url | http://www.parlament.gv.at/PAKT/VHG/XXIV/ME/ME_00179_24/imfname_194527.pdf |
| Situation(s) |
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| Library |
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