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Are there any problems concerning the implementation of national legislation prohibiting discrimination?

Key Area:
Anti-discrimination Legislation & Implementation
Discrimination, Equality
22/12/2011 - 20:27
Short Answer

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