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TITLE: AUSTRIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
AUSTRIA
Austria is a constitutional parliamentary democracy. A
coalition government of the Social Democratic Party and
People's Party, originally formed after the 1986 national
election, continued in office after the October 1990 election.
The Freedom Party, the Green Party, and the Liberal Forum,
which split from the Freedom Party in February 1993, form the
opposition.
The police and security organs are subordinated to the
executive and judicial authorities. However, there continued
to be reports of police abuse.
Austria affords its citizens a high standard of living.
Human rights are highly respected in Austria; individual rights
and political freedoms are provided for in the Constitution and
generally protected.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated or extrajudicial
killings.
b. Disappearance
There were no political abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is banned by the European Convention for the Protection
of Human Rights and Fundamental Freedoms, which is incorporated
into the Constitution.
As a result of continued allegations of police brutality over
the past few years, regulations which stipulate more clearly
the limits of police conduct during investigations took effect
in May. According to the Interior Ministry and human rights
groups, complaints of police brutality decreased significantly.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary detention or exile.
In criminal cases the law provides for investigative or
pretrial detention for up to 48 hours, except in cases of
charges of "aggressive behavior", by which time an
investigative judge must decide on the legality of continuing
the detention. Provided the prosecutor requests detention and
the investigative judge agrees, the accused may be held for a
maximum of 2 years pending completion of an investigation.
Grounds for investigative detention are specified in the law,
as are conditions for release on bail. A reform of Austrian
law regarding investigative and pretrial detention has been
adopted and is scheduled to go into effect in January 1994.
The new law requires mandatory reevaluation of a detention by
the investigative judge at 2 weeks, 1 month, and every 2 months
after the arrest.
e. Denial of Fair Public Trial
The judiciary is independent of the executive and legislative
branches of government. Judges are appointed for life and may
not, in principle, be removed from office. Jury trials are
prescribed for major offenses, and those convicted have the
right of appeal. Written charges must be presented to the
accused who has the right to be represented by a lawyer. The
accused are presumed innocent, and trials are public.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law provides for the protection of personal data collected,
processed, or transmitted by government agencies, public
institutions, and private entities. Constitutional provisions
also protect the secrecy of the mail and telephone. Following
the restructuring of the state police after a 1990 scandal
involving the monitoring of private citizens without sufficient
grounds, a 1991 federal police law introduced parliamentary
control over the state police and the military secret service
on a permanent basis. Parliamentary subcommittees to oversee
these organs were formally established in September 1993.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are provided by the Constitution and generally
respected in practice, although stringent slander laws
discourage reports of police brutality. Austria has a free,
independent, and multifaceted press, ranging from conservative
to Communist. Publications may be removed from circulation if
they violate legal provisions concerning morality or public
security. As a matter of practice, such cases are extremely
rare. Opposition viewpoints are given wide attention in
Austrian publications. A 1992 law lowered the minimum
sentences for public denial, belittlement, approval, or
justification of Nazi crimes. The lowering of minimum
sentences has had the desired effect of increasing the
conviction rate of those accused of neo-Nazi activities.
Austrian radio and television have been government monopolies
but present diverse points of view. There have been no
complaints of either subtle or direct censorship. A law passed
in July allows for establishment of private radio and
television stations. Cable television is widely available,
allowing Austrians access to international broadcasts. They
also listen to radio broadcasts from other European countries.
Freedom of academic expression is respected.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. Public demonstrations require a permit from the
police authorities, who are limited to considering only the
public safety aspect of the proposed demonstration, not its
political purpose. Permits are routinely issued. The
Constitutional Law of 1945, as amended in 1947, prohibits Nazi
organizations and activities. The Austrian State Treaty of
1955 also made an exception to freedom of association in the
case of Nazi organizations and activities. The Law on the
Formation of Associations stipulates that permission to form an
association may be denied if it is apparent that the
organization will pursue the illegal activities of a prohibited
organization.
c. Freedom of Religion
This right is provided by the Constitution, although the Treaty
of St. Germain, which is also incorporated into the
Constitution, restricts this freedom to the practice of
religions that are compatible with public safety and morality.
There are no known instances of a religion being banned under
the Treaty. In order to qualify as a recognized religious
organization under Austrian law, religious groups register with
the Government. Although 78 percent of the population is Roman
Catholic, most of the world's major religions are represented
and practice their faiths freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not restrict freedom of movement within the
country or the right to change residence or workplace.
Austrian residents are free to travel abroad and to emigrate.
Citizens who leave the country have the right to return.
Over the past few years the Government tightened its asylum
regulations. Asylum seekers must apply for asylum in the first
country in which they are able to make application (all
surrounding countries are considered by Austria to be "safe"
for asylum seekers) and are not allowed to stay in Austria
while appealing their rejected asylum requests. As a result,
asylum applications dropped from 11,875 in the first half of
1992 to 2,490 in the first half of 1993. Authorities approved
9.1 percent of asylum applications in the first half of 1993.
Opposition groups, including political parties and human rights
organizations, maintain that Austria's strict new asylum laws
violate the right to apply for asylum and the right of asylum
seekers to reside in Austria while their rejected asylum
requests are appealed.
A new residence law went into effect in July. The law is broad
in scope and does not distinguish between immigrants and
nonimmigrants; several of its provisions generated vociferous
public debate. An implementing regulation which required that
each foreign resident have a minimum of 10 square meters of
living space to be eligible for a residence permit (including
renewal of a previous permit) was withdrawn. A provision that
a foreign resident could be deported if the authorities did not
process a properly filed application for a residence permit
within 6 weeks was retained and justified as intended to force
the bureaucracy to process applications expeditiously. Human
rights organizations and the Catholic Caritas organization
strongly criticized the residence law. The debate about
whether to amend the controversial residence law continued at
year's end.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Austria is governed through a democratic parliamentary system.
The Constitution stipulates that national elections must be
held at least every 4 years. Elections are free and regularly
draw high levels of participation. Ballots are secret. There
is universal suffrage for those over 19 years of age.
The 1990 election continued a coalition government composed of
the two largest political parties, the Social Democratic Party,
which won 80 seats in Parliament, and the People's Party, which
won 60 seats. Three other parties are represented in
Parliament--the Freedom Party, the Greens, and the newly formed
Liberal Forum. Although there are no legal impediments, women
are significantly underrepresented in government and politics.
According to a Parliamentary spokesperson, 41 of 183
parliamentarians are women (22.4 percent). Although the
political culture in Austria has been and is dominated by men,
women are making inroads. The Social Democrats, at their
summer congress, established a 40 percent quota for female
parliamentarians, to be fully implemented in 10 years.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Allegations of improper activities on the part of the
authorities are discussed and investigated by the press, public
groups, and private individuals without government hindrance.
Both international and local human rights groups operate
freely. Austria recognizes the competence of the European
Human Rights Commission in Strasbourg to implement the European
Convention on Human Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Austria has a comprehensive public welfare system, the benefits
of which are available to all citizens on a nondiscriminatory
basis. In employment and in other areas, comprehensive legal
protection is provided against discrimination because of race,
sex, religion, language, disability, or social status. In
December, a letter bomb campaign targeted public persons known
for their sympathy and support of immigrants and refugees in
Austria. Among those seriously injured was the Mayor of
Vienna. The ongoing police investigation has led to the arrest
of six men associated with rightwing, neo-Nazi organizations.
Women
Most legal restrictions on women's rights have been abolished.
Women are still prohibited by law from night work in most
occupations, however, and this ban is sometimes used as a
pretext for not hiring women. Nurses, taxi drivers, and a few
other occupations are exempted. The Women's Ministry defends
the night-work ban on the basis that women are also the primary
care providers for children during the day.
Women are entering the work force in increasing numbers and
have made substantial progress toward economic equality.
Nevertheless, in practice, they are generally underrepresented
in the professions and business. Women are not allowed in the
Austrian military. There is no conscription of women as there
is for men. Recent suggestions by various politicians that
women do mandatory civilian service have been rejected by the
Women's Ministry and women's organizations.
Although labor laws providing for equal treatment extend to
women in the civil service, women are nonetheless
underrepresented in government service also. To remedy past
practice, women of equivalent qualifications are to be placed
in jobs ahead of men in civil service areas in which less than
40 percent of the employees are women. The 40-percent hiring
quota was part of the Women's Omnibus Law which went into
effect in January 1993. According to the Women's Ministry,
although the quota was contained in the law, there are no
penalties for not meeting it. Women may be awarded
compensation of up to 4 months' salary if discriminated against
in promotions because of their gender. Compensation may also
be awarded to victims of sexual harassment.
Laws are in place to combat the problem of violence against
women, but enforcement is often difficult, according to a
Women's Ministry spokesperson. When police arrive on the scene
of a domestic dispute where a woman has been physically abused,
they can do nothing to the man if he is peaceful or the woman
does not file a complaint. A court order forcing a man to stay
away from his wife or girlfriend generally takes 3 to 6 weeks
to obtain.
Children
The Government is seriously committed to protecting children's
rights and welfare. The law provides for 2 years of paid
maternity leave for mother or father. Parents receive a
government payment of about $1,200 for the birth of each child
and between $100 and $140 per month for the maintenance of each
child. Child care is often provided or subsidized by federal,
state, and local governments. Because of a severe shortage of
government child care centers, private centers are increasingly
in demand. No pattern of societal abuse of children exists.
National/Racial/Ethnic Minorities
The rights of members of all minorities are fully respected.
In addition, the Government recognizes Croat, Slovene,
Hungarian, Czech, and Slovak minority groups, and is discussing
recognition of the Roma and Sinti (Gypsy) minorities. The
Ethnic Minorities Law allows a recognized minority to establish
an ethnic group council to advise the Government on issues
regarding that minority. It also provides for the
establishment of minority language schools in some
communities. All of the five recognized minorities have
established minority councils.
People with Disabilities
Disabled individuals are protected by law from discrimination
in housing, education, and employment. Austrian law requires
businesses and state and federal government offices to employ 1
disabled person for every 25 to 45 employees, depending on the
type of work, or to pay a fee to the Government. The
Government uses collected fees to pay for programs for the
disabled--such as training programs and grants to firms to help
pay the wages of disabled workers. Some businesses and offices
opt to pay the fee rather than employ people with disabilities.
No federal law mandating access for the disabled has been
enacted. Some public buildings are virtually inaccessible for
those unable to climb stairs.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to form and join unions without prior
authorization. This right is protected under general
constitutional guarantees of freedom of association. In
practice, Austrian trade unions have an important and
independent voice in the political, social, and economic life
of the country. In 1993, 53 percent of the work force was
organized in 14 national unions, all of which are members of
the Austrian Trade Union Federation (ATUF). This organization
has a strong, centralized leadership structure. Individual
unions and the Federation are independent of government or
political party control, although formal factions within these
organizations are closely allied with political parties.
Although the right to strike is not explicitly provided by the
Constitution or by national legislation, it is universally
recognized. Strikes have been comparatively few and usually of
short duration. A major reason for Austria's record of labor
peace is the system of "social partnership", an unofficial
forum for cooperation among labor, management, and government.
At the center of the system is the Joint Parity Commission for
Wages and Prices, which has an important voice on major
economic questions.
The ATUF, its political wings, and its member unions have
affiliations with all three world labor federations.
b. The Right to Organize and Bargain Collectively
Unions have the right to organize and bargain collectively.
The labor movement enjoys widespread acceptance, and almost all
large companies, private and state-owned, are organized.
Worker councils operate at the enterprise level, and workers
are entitled by law to elect one-third of the members of the
supervisory boards of major companies. Collective agreements
covering wages, benefits, and working conditions are negotiated
by the ATUF with the National Chamber of Commerce and its
associations, which represent the employers. Wage-price policy
guidelines are set by the Joint Parity Commission. A 1973 law
obliges employers in enterprises with more than five employees
to prove that job dismissals are not motivated by antiunion
discrimination. Employers found guilty of antiunion
discrimination are required to reinstate workers fired for
union activities. Austrian labor and business representatives
remained in disagreement over how to comply with the obligation
under ILO Convention 98 to provide legal protection against
arbitrary dismissals to employees in firms with five employees
or less.
Workers are further protected by mandatory membership in the
Austrian Chambers of Labor, to which all employees except civil
servants belong. These Chambers carry out studies and prepare
legislative proposals. They are obliged to provide free legal
assistance, including a lawyer, to any employee requesting it.
Typically, legal disputes between employer and employees
regarding job-related matters are handled by a special
arbitration court for social affairs. The ATUF is exclusively
responsible for collective bargaining. The leaderships of the
Chambers and the ATUF are elected democratically.
Austria has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not practiced.
d. Minimum Age for Employment of Children
The minimum legal working age is 15. The law is effectively
enforced by the Labor Inspectorate of the Ministry of Social
Affairs.
e. Acceptable Conditions of Work
There is no legislated national minimum wage. Instead,
nationwide collective bargaining agreements set minimum wage
rates by job classification for each industry. A worker whose
annual income falls below a poverty line (approximately $850
per family member per month) is eligible for social service
benefits. The average Austrian has a high standard of living,
and even workers at the low end of the wage scale have a
relatively adequate minimum standard. Although the legal
workweek has been established at 40 hours since 1975, more than
50 percent of the labor force enjoys collective bargaining
agreements setting the standard workweek at 38 or 38.5 hours.
Austria has enacted extensive legislation setting occupational
health and safety standards, under which the Labor Inspectorate
of the Ministry of Social Affairs conducts inspections and
ensures the effective protection of workers. Inspectors have
the authority to "tag" an observed safety or health risk
without a court order, an action that effectively shuts down
the affected machinery or process until it conforms with
mandatory safety standards. Workers may file complaints
anonymously with the Labor Inspectorate, which may bring suit
against the employer on behalf of the employee. In practice,
this option is rarely exercised; workers normally rely instead
on the Chambers of Labor, which file suits on their behalf.
(###)
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