A/HRC/17/8
9.
Austria was currently a candidate for membership of the Human Rights Council
from June 2011. On the basis of the voluntary pledges and commitments made by Austria
in the context of this candidacy, it had been possible to achieve notable progress in their
implementation:
(a)
Austria had recently incorporated children’s rights into the Constitution;
(b)
Considerable progress had been made with regard to the ratification of the
Optional Protocol to the Convention against Torture and the creation of a national
preventive mechanism, which will be incorporated into the Austrian Ombudsperson Board.
The already existing Human Rights Advisory Board would be expanded at the same time;
(c)
Austria would soon deposit the ratification document for the Council of
Europe Convention on the Protection of Children against Sexual Exploitation and Sexual
Abuse;
(d)
Legislation was being prepared to introduce a separate crime of torture in the
Austrian Penal Code;
(e)
The ratification process of the Convention on Enforced and Involuntary
Disappearance (CED) and the inclusion of enforced disappearances as a criminal offence in
the Austrian Penal Code were on the way;
(f)
Special provisions on crimes against humanity and war crimes were also
being prepared for inclusion in the Austrian Penal Code;
(g)
The Parliament would start discussion this spring of the ratification of the
UNESCO Convention against Discrimination in Education.
10.
Austria was aware of its specific historical responsibility and was committed to the
fight against xenophobia, anti-Semitism, discrimination against Muslims and all other
forms of racism and intolerance.
11.
The current government programme envisaged a series of measures to enhance the
protection against racism and discrimination, including a commitment to the
implementation of the European Union (EU) Framework Decision against Racism and
Xenophobia as well as the recommendations of the Committee on the Elimination of Racial
Discrimination.
12.
Anti-discrimination laws had been tightened in recent years. The Equal Treatment
Commission, the Ombudsperson for Equal Treatment and the relevant bodies in the federal
regions provided for protection against discrimination in employment and access to goods
and services. Sanctions for all forms of discrimination had been continuously expanded and
were consistently applied by Austrian courts. This would include compensation for material
and immaterial damage. These efforts had contributed to an ever-increasing awareness and
public sensitivity about discrimination issues.
13.
Austria had a strict “zero tolerance” policy towards all forms of discrimination and
ill-treatment by law-enforcement officials. An independent body, the Federal AntiCorruption Bureau, had been established in January 2010 to investigate alleged illtreatment by law enforcement officials. Criminal police and the public prosecutor were
obliged to investigate any suspicion of ill-treatment by law.
14.
To ensure the protection of migrants’ human rights, Austrian immigration legislation
would provide the possibility to use the full spectrum of legal instruments and appeal
procedures, including appeals to the Constitutional and Administrative Courts. In addition,
Austria had enhanced human rights training for the justice and law enforcement sector.
15.
On the preventive side, Austria was working to reinforce a tolerant and open social
climate. The National Action Plan on Integration had been adopted in January 2010 to
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