A/HRC/31/12
8.
Measures had also been taken to ensure the successful integration of many asylum
seekers and refugees, including by combating racial discrimination, xenophobia and related
intolerance. The Government recognized that racist prejudices and attitudes existed in parts
of society and that additional measures were needed to address the phenomenon. The 2010
National Action Plan for Integration remained an important instrument to combat
discrimination and prejudice. Several projects had been successfully carried out in the
framework of the Action Plan.
9.
While noting the importance of comprehensive statistical data in combating racial
discrimination, xenophobia and intolerance, the Government recognized shortcomings with
regard to the availability of concise statistical data, particularly disaggregated data.
Working groups had been set up to improve the data collection system. The issue would be
also addressed in connection with the National Action Plan on Human Rights, which had
been developed as a result of the first universal periodic review and of recommendations
made by other human rights bodies.
10.
The 2015 amendments to the Criminal Code strengthened protection against hate
speech, prohibiting public incitement to violence based on race, colour, language, religion,
nationality, descent, gender, disability, age and sexual orientation and stipulating a
punishment for such offences of up to two years’ imprisonment. Public incitement to hatred
through media and the Internet would also be punishable by imprisonment for a maximum
of three years. Moreover, the establishment of and participation in organizations or groups
whose purpose was to incite to racism, racial hatred or racial discrimination became a
criminal offence. Thus, the criminal law — recognizing racist motivation as an aggravating
circumstance for a long time — had been strengthened to address effectively hate crimes
and hate speech.
11.
Amendments to the Juvenile Court Act to ensure the use of detention as a last resort
for juvenile offenders would enter into force in 2016. Several measures had been envisaged
to achieve that objective.
12.
A working group had been established to assess the situation of detention of persons
who, because of their health, could not be held fully accountable for their actions and to
identify problematic areas. The working group had made proposals on related
organizational, legislative and technical matters. The current reorganization of the detention
of such persons constituted the greatest reform in the area of enforcing measures involving
deprivation of liberty in the past 40 years.
13.
The administrative court system had been fundamentally reorganized in 2014 to
meet all the standards of the Convention for the Protection of Human Rights and
Fundamental Freedoms. The mandate of the Austrian Ombudsman Board had been
extended so that it could fulfil the function of a national preventive mechanism in line with
the Optional Protocol to the Convention against Torture.
14.
The independence of the Austrian Ombudsman Board was set out in constitutional
law. The members of the Board could not be removed or dismissed during their term of
office, which lasted six years. They were accountable to Parliament. The Board had its own
budget.
15.
The delegation expressed its gratitude for advance questions and provided responses
to them. Regarding questions on independent investigations into alleged abuses by law
enforcement officials, the delegation explained that the procedure for investigating such
allegations were regulated by criminal laws and by decrees issued by the Ministries of
Justice and of the Interior.
16.
The delegation noted that existing legislation provided the authorities and the courts
with tools to combat acts of discrimination. At the same time, a comprehensive evaluation
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