4292nd Meeting, 146th Session, Human Rights Committee (CCPR)

Dear members of the Committee, dear delegations, good afternoon. I would like to welcome you to the second day of the 146th session of the Human Rights Committee. This is meeting number 4292. It is a public meeting and on webcast. It is devoted to the consideration of the sixth periodic report of Austria, submitted under the simplified reporting procedure in 2025. Both the list of issues prior to reporting and the initial report are available on the website of the Committee. Before we proceed, I am pleased to note that this year marks the 60th anniversary of the adoption of the Covenant. I express my deepest gratitude to committee members, past and present, state parties, and civil society for their enduring commitment to realizing the rights enshrined in the Covenant. Now, we are pleased to welcome a cross-ministerial delegation led by Madam Elizabeth Handelfeldt, head of delegation. Ms. Handelfelt, you have 15 minutes to deliver your introductory statement. Thereafter, we'll give the floor to a number of committee members to pose their questions on the first half of the list of issues prior to reporting, which are issues 1 to 13. Your delegation will then have 15 minutes break to allow you to prepare your response to the questions posed by members. You will then have one hour to respond to the questions posed, after which we will allow time for follow-up questions and answers. And the meeting will adjourn at 18 hours. I will give the floor to the Austrian delegation to first the introduction and then the introductory remarks by Madam.

Thank you, Mr. Chair, distinguished members of the committee, ladies and gentlemen, we are pleased to appear before you today to present Austria's sixth periodic report under the International Covenant for Civil and Political Rights and to discuss Austria's progress since our last appearance before this distinguished committee. My name is Nadia Kalb. I'm the Deputy Permanent Representative of Austria to the UN in Geneva, and it is my honor to introduce you to the head of delegation, Ms. Elisabeth Handel-Petz. representing the Federal Chancellery of Austria, as well as other officials from various federal ministries who joined us here today. Ms. Katharina Vacek from the Federal Chancellery as well, Mr. Antonio Martino, the Federal Chancellery, Ms. Barbara Reintjes-Wagner, also from the Federal Chancellery, Ms. Sigrid Kiermayer, from the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection, Mr. Wolfgang Heissenberger from the Ministry of Labour, Social Affairs, Health, Care and Consumer Protection, Ms. Miriam Putz from the same ministry, Mr. Richard Melicher from the Federal Ministry of the Interior, Ms. Theresa Steinbauer from the Federal Ministry of the Interior, Ms. Emilia Breuss from the Austrian Federal Ministry of Justice, Ms. Sabine Feldbacher, also from the Ministry of Justice. Ms. Helena Moisi-Aigner from the Permanent Mission of Austria. And Mr. Michael Pfeifer, also from the Permanent Mission. Without further ado, it is my great pleasure to hand over to the head of delegation, Ms. Handel-Petz, for the opening statement.

Thank you. Chair, distinguished members of the Committee, ladies and gentlemen, it's an honor for me and my delegation to present today Austria's sixth periodic report under the International Covenant on Civil and Political Rights to the distinguished members of the Human Rights Committee. I would like to stress that we welcome this opportunity for a dialogue with your Committee on our report submitted in August 2025. We look forward to discussing our responses to the list of issues received prior to reporting, taking also into consideration the conclusions and recommendations your Committee adopted on Austria after our last dialogue in 2015. The Austrian delegation, which consists of representatives from the main competent ministries, looks forward to addressing your questions and demonstrating our progress since our last dialogue. We welcome this dialogue as a vital opportunity for constructive self-reflection and mutual learning. Let me start by underlining that the protection and promotion of human rights and the rule of law constitute priorities of Austria's domestic and foreign policy. Human rights are not just a legal obligation, but the very foundation of our democratic resilience and social cohesion. Our commitment to human rights is also reflected in our transparent engagement with UN mechanisms, including our fourth Universal Periodic Review in January 2026. It is likewise reflected in our cooperation with civil society. Many federal ministries engage in targeted dialogues with specialized civil society organizations. for instance, in the field of children's rights or regarding anti-discrimination, as well as violence prevention and protection against violence, including through dedicated working groups. Let me now highlight developments in seven important areas since our State report submission. First, non-discrimination. In 2026, An amendment to the National Minorities Act brought important changes that strengthen the rights of Austria's six recognized national minorities and promote their language and culture. It increases their visibility by constitutionally recognizing them through their exhaustive enumeration. It strengthens the use of Slovenian in judicial proceedings in Carinthia and introduces a new comprehensive annual national minorities report, in the preparation of which the national minority advisory councils are to be involved. To counter hate speech and hate crime, a national action plan against right-wing extremism is currently being drafted. and work on a national action plan against hate crime has started in early 2026. Furthermore, despite budgetary constraints, funding for the Roma Labour Market Empowerment Initiative, adopted in 2022, has been secured through 2028. Second, gender equality. Austria continues to advance gender equality across all sectors. In 2026, Austria raised the mandatory gender quota for supervisory boards of listed companies from 30% to 40%. The new targets will come into effect for new appointments from January 1st, 2027. In addition, listed companies may set individual targets for gender balance in executive management. To counter women's disadvantages in the labor market, the labor market funding budget allocated for them is currently at least four percentage points higher than their share of unemployed people. Moreover, last year, the national initiative She Goes AI was launched. It aims at strengthening women in AI through AI skills, increasing the number of female AI experts on all levels, and making AI education and careers more accessible to women. The difference in median income between men and women in the Austrian federal civil service has narrowed substantially from 13.3% in 2012 to an all time low of 6% in 2025. While Austria is also observing a steady decline in the gender pay gap in the private sector, going down by 0.7 percentage points from 2023 to 2024, we are well aware of the fact that we are still one of the countries with the highest gender pay gap in the European Union. Therefore, we will continue our efforts to address structural income disparities through targeted measures. Three, violence against women and domestic violence. Combating violence against women and domestic violence is a top priority. Since violence against women is a structural problem, it requires a comprehensive and coordinated structural response. Therefore, the federal government adopted in November 2025 a national action plan to combat violence against women and girls for the years 2025 to 2029. It was developed in a broad participatory process with over 250 experts across government, academia, and civil society. Aligning with GREVIO recommendations and the Istanbul Convention, with recommendations of the Austrian Court of Audit and the EU Directive on Combating Violence Against Women and Domestic Violence, the action plan contains 158 concrete measures spanning prevention, including targeted work with men and boys, and robust victim protection. Since safe accommodation is a key element of effective victim protection, federal funding has been made available until the end of 2027 for the nationwide expansion of women's shelters. This financial support has already helped to create substantial additional capacity in shelters throughout Austria. Therefore, Negotiations are currently underway to secure federal funding beyond 2027. 4. Human trafficking. In September 2026, Austria established its new national referral mechanism to combat human trafficking. Additionally, budgetary constraints notwithstanding, The funding of various projects aimed at supporting the social and legal standing of foreign workers has been secured for the coming year. Five, asylum and migration. Demonstrating human solidarity and respect for its international obligations, Austria granted international protection in roughly 240,000 cases, out of more than 450,000 asylum applications received between 2015 and mid-2026. By June 2026, Austria fully implemented the EU Pact on Migration and Asylum and extended the mandate of the Austrian Ombudsman Board to include independent human rights monitoring in the new screening and asylum border procedures. It may conduct unannounced inspections, access relevant information, and examine substantiated allegations of fundamental rights violations. Moreover, also in June 2026, the Act on Custody for Unaccompanied Minors entered into force, ensuring immediate child welfare custody from day one. 6. freedom of conscience and religious belief. The legislation on headscarves for schoolgirls under 14, which took effect in September 2026 and has drawn criticism, is currently under review by the Constitutional Court. Moreover, currently, amendments to the Civilian Service Act and a broader reform of military service are under consideration. Seven, freedom of expression, media freedom, and transparency. Independent media and access to information are vital pillars of a resilient democracy. In 2026, Austria adopted the national legislation accompanying the European Media Freedom Act. Austria supports the objectives of the act. The vast majority of the standards contained therein, however, were already met under Austrian law. In particular, Austria has long provided strong protection for journalistic sources. Editorial independence and the independence of public service broadcasting have likewise long been protected under Austrian law. Protection of human rights defenders and journalists against strategic lawsuits against public participation is a major priority. Last weekend, the government reached a political agreement on the draft bill to implement the relevant EU directive, which also takes into account broader aspects of the recommendations made by the EU and the Council of Europe. Furthermore, celebrating its first year in force, the Freedom of Information Act has successfully embedded a fundamental right to access information alongside proactive public reporting obligations. Distinguished members of the committee, while human rights standards in Austria are well developed, we recognize that progress requires continuous effort. We are here to listen, exchange, and further strengthen civil and political rights. My delegation looks forward to an open and constructive dialogue. Thank you.

Thank you very much, Madame Handre-Petz. It's difficult to pronounce for me. I said we will discuss the questions. I mean, paragraph from 1 to 13, but I have to correct myself. It's 1 to 12 this afternoon. Now I will give my floor to the members. The first, I will invite Mr. Igezu.

I thank you, Chair, and I wish a good afternoon and a warm welcome to all members of the Austrian delegation. And I also welcome those who are attending the session in person and those attending the proceedings online. I'd also wish to note that some time has elapsed since the State Party's last review before the Committee in 2015. And the Committee is aware from the sixth periodic report of the State Party and as stated by the head of delegation in its opening remarks, there are there have been notable steps that have been taken in terms of improving and promoting respect for human rights in the country. However, there are also several issues of concern that have come before the Committee and that we believe need to be considered by the State Party to further improve the human rights situation in the country in conformity with the Covenant. The Committee therefore looks forward to our constructive dialogue so that we can together explore the human rights situation in the State Party. The Committee will mainly focus on the issues that it believes are the most significant challenges that further contribute towards meeting the State Party's obligations under the Covenant. Having said this, I'll now proceed to my questions for this afternoon on paragraphs 1, 2 and 3 of the list of issues. Going to my questions on paragraph 1, the Committee notes the reply by the State Party that all Committee's views concerning Austria, including their German translation, are published on its website, and that when the Committee identifies the violation of the Covenant, these are considered by the competent authorities at federal, land and municipality levels, which would then examine what sort of remedial measures should be taken, and this is well noted. However, on this note, could the State Party please provide further information on the concrete measures it has taken to date to give effect to the views adopted by the Committee, including remedies provided to victims, if any? Going to my second question on the same topic, in relation to the concluding observations adopted by the Committee, Does the state party have a specific institutional framework or mechanism that ensures full up to our concluding observations? Are the concluding observations widely disseminated, for example, through the media or by the Austrian Ombudsman Board and civil society organizations or discussed in the National Council, the Parliament for subsequent implementation? Are the committee's recommendations translated into other officially recognized minority languages in the State party so that more people can use or refer to them. I now move to my questions on paragraph 2, constitutional and legal framework within which the Covenant is implemented. The Committee notes that the State party has replied that the Covenant is not directly applicable in Austria, while there are references in domestic legislation to the European Convention on Human Rights. Since the provisions under the Covenant are more comprehensive than the European Convention, can you please clarify how the State Party ensures that the rights enshrined in the Covenant are duly taken into account in the application of domestic law? Do judges have the competence to refer to the Covenant even if it was not invoked by the parties to cases before them? Can the State Party also provide examples of specific cases, if any, in which the courts referred to the Covenant and what practical impact this has had. We have received information that there are calls to lower the age of criminal responsibility to 12 years of age, and that a proposal to this effect was tabled and discussed in the National Council's Committee on Justice in early 2025, but was rejected. In view of the reportedly overburdened judicial detention system, Can you please provide us with information on whether the State Party would consider alternatives to detention rather than lowering the age of criminal responsibility, including use of electronic monitoring and early release? Can you also update us if the proposal to lower the age of criminal responsibility is still planned to be discussed by the National Council and its possible outcome? Going to my final question on paragraph three, you mentioned in your reply that the Austrian Ombudsman Board has been accredited with A status by GANRI in 2022 and is therefore compliant with the Paris Principles. On the other hand, GANRI has at the same time also recommended that the Austrian Ombudsman Board advocate for the formalization of a broad and transparent selection and appointment process and to take steps to ensure pluralism in its membership and staff composition of the board. As you are aware, reforming the nomination procedure to ensure full transparency and political independence of the board, as well as participation and representation of members of civil society and other members of the public in the board, has been a longstanding recommendation of GANRI so that the State Party is fully in line with the Paris Principles. This has also been a concern raised by the Committee in its previous concluding observations, but does not appear to have been adequately addressed by the State Party to date. In light of the fact that all three members of the Ombudsman Board are elected by the National Council and is heavily tied to party political appointments instead of a public, civil society inclusive application and vetting process, can you please clarify how the Board can be perceived to be politically independent as well as how the nomination process and current membership of the board, representing only political parties in parliament, can be considered a transparent process and pluralistic in its composition. This ends my question for this afternoon. I look forward to your replies. I thank you.

Thank you very much, Mr. Igeju. Now I will give the floor to Madam Abdoroshor.

Thank you very much, Chair. I would like to warmly welcome Ms. Handel-Pelz, the head of the delegation, and all the members of the delegation accompanying her. So a warm welcome to the Austrian delegation, and I would like to thank Ms. Handel-Pelz for the information shared with us in her opening statement. We have taken note of the 2026 reform of the National Minorities Law and of the guaranteed financing to and including 2028 for the Labour Empowerment Initiative for the Roma population. That said, I would now like to turn to my questions, the first of which is on non-discrimination, issue 4. And in order to avoid duplicating the work of other treaty bodies, I will focus my questions on access to justice and effective remedy as covered by articles 2, paragraph 3 and 26 of the Covenant. According to the Ombudsperson, the Equal Treatment Commission of Austria declined to review a complaint of intercessional discrimination on the grounds of religion and sex in access to services, and it did so because it was of the view that religion falls outside its mandate unless strictly related to employment and employment issues. Against the backdrop of that information from the ombudsperson, may I ask how the State party guarantees that victims of intersectional discrimination have access to an effective recourse in all areas of life and an effective remedy? The 2024 reform of the civil service law prohibits federal officials from discriminating in the discharge of their duties. How many complaints have been filed under this new 2024 provision and with what results? Could the delegation share with us whether the equal treatment ombudsperson or commission will be able to bring cases before the courts, and whether remedies other than purely financial compensation are available, including for persons with disabilities? So that completes my questions on issue 4, and I'd now like to turn to issue 9, voluntary termination of pregnancy and sexual and reproductive health rights. My second question concerns voluntary termination of pregnancy and sexual and reproductive rights, which is issue 9. I note that that issue was not covered in the opening statement of the delegation, so I am particularly interested in what the delegation has to share with us in response to my questions on that issue. The committee notes that abortion remains regulated under sections 96 and 97 of the Criminal Code. The report of the State Party does not respond to our question 9a on decriminalisation. In light of paragraph 8 of general comment No. 36 of this Committee, could the delegation indicate whether the State Party is considering removing abortion from the criminal code and regulating it purely as healthcare rather than a criminal matter? The report describes services in Vienna and Vorarlberg that are available for voluntary termination of pregnancy. Could the delegation provide information on availability of these services in the other Länder of Austria, including the number of public hospitals providing abortion services in each of the Länder? According to information received, there is no known provider, for example, in Burgenland and only one in Salzburg. How does the State party ensure that refusals, as provided for under section 97 of the relevant legislation, do not prevent access to abortion in practice and that patients and healthcare professionals who do provide abortion are protected from harassment? Turning now to sterilisation, we note paragraph 128 of the report, and the safeguards introduced in 2018, including the need for court authorisation, the involvement of an adult protection association and two independent experts. According to information received, these associations have been involved in very few cases of sterilisation, and women with disabilities in institutions may receive contraceptives without their knowledge. We also understand that no reliable data exists. and that the number of unreported cases of this nature may be high. Could the delegation provide the number of court authorizations requested and granted since 2018, disaggregated by sex, age and disability, and explain how institutions are monitored? Is the State Party considering prohibiting sterilization without the free and informed consent of the person concerned? This would be in line with Articles 7 and 17 of our Covenant. Thank you very much, and I look forward to receiving your replies to my questions. Thank you, Chair.

Thank you very much, Madame Abdolshah. I will give the floor now to Mr. Helfer.

Thank you, Chair. And please let me add my warm welcome to the delegation. Apologies for those who I'm speaking to your back. It's just the way we're set up here. It's no disrespect intended. So today I will focus on LOIPR issues 5, 10, and 11. And I begin with measures against hate crimes and hate speech. The 2026 report of the Ministry of the Interior records 6,751 hate crimes and hate speech incidents last year based on various grounds, including national and ethnic origin, religion, both anti-Muslim and anti-Semitism, sexual orientation, and gender. The report notes several alarming examples of hate speech against Muslims and individuals of foreign origin, as well as violent attacks against 17 LGBTQ persons in 2025. The Committee has also received concerning reports, including from the Austrian Ombudsman Board and the UN Special Rapporteur on Racism on her recent visit to Austria, about the increasing use of hate speech and exclusionary rhetoric by public officials and far-right political parties, including online. Please explain what actions the State Party is taking to combat hate speech and inflammatory public discourse, especially from political figures. A 2026 report by the European Commission against Racism and Intolerance finds that gender and sex characteristics are not explicitly mentioned as grounds in Section 283 of the Criminal Code. Although offenses relating to gender identity have been registered based on the informal understanding that the German term Geschlecht refers to both sex and gender, The report expresses concern that this practice may dissuade transgender persons from reporting complaints. Will Austria consider amending section 283 of the Criminal Code to explicitly reference gender identity as a ground of hate crimes? The Committee notes with appreciation that Austria recently adopted several national action plans and strategies in this area. However, we are concerned that Austria has not yet adopted a national action plan against hate crimes. The state party has acknowledged, and I quote, that discriminatory attitudes and incidents continue to persist and that addressing these challenges requires long-term, comprehensive, and targeted policy responses, end quote. In light of this recognition, will Austria commit to expeditiously adopt a comprehensive national action plan against hate crime and hate speech that addresses all forms of racism and religious intolerance and allocates financing for its effective implementation? The Committee recognizes that Austria has made considerable progress in data collection, including the electronic recording of hate incidents. However, the 2026 report of the ECRI that I mentioned earlier and other sources identify knowledge gaps in the criminal justice system and insufficiencies in disaggregated data collection. Please explain how the state party plans to close these knowledge gaps and improve data reporting and collection practices, especially relating to race, ethnicity, and religion. Turning to issue 10. Austria has repeatedly acknowledged in international forums that medically unnecessary interventions on intersex children cause concrete harm and that such procedures, quote, should be urgently stopped, end quote. Domestically, we are pleased that the federal government's work program for 2025 to 29 commits to clear rules to protect intersex minors from medically unnecessary interventions. Yet, notwithstanding these repeated statements and commitments, medically unnecessary interventions continue in Austria. Regrettably, the State Party's report provides no statistical data on this issue, although Austria informed the Committee against Torture in 2024 of about 180 to 200 cases, a figure I should note that advocacy groups report is a significant undercount. Please explain why medically unnecessary interventions on intersex children continue, even as Austria has repeatedly acknowledged that these practices are harmful. In addition, will the State Party establish a nationwide central registry to anonymously record these procedures and address the numerical discrepancies that I mentioned? The committee also has concerns about delays in adopting a draft law to prohibit medically unnecessary interventions on intersex children. We note that a cross-sectoral working group concluded its work in this regard in November 2021, yet nearly four years later, the draft law has not been introduced in Parliament, and as far as we are aware, its contents have not been made public. Please explain the status and content of the draft law and the specific timetable for its adoption. In 2020, Austria initiated a Human Rights Council joint statement calling on states to investigate human rights violations and abuses against intersex people, ensure accountability and provide victims with access to a remedy. However, the Committee has not been able to verify whether any investigation has ever been opened. We would appreciate clarification in this regard and what remedial measures, if any, have been adopted. The third issue that I will address today is Issue 11 on climate change. And the Committee sincerely appreciates the State Party's efforts to mitigate the harmful effects of climate change. We understand the Committee on Economic, Social and Cultural Rights will address these topics when it reviews the State Party's report next month. Today, I will focus on the impact of climate change on the right to life. The Committee is concerned about the impact of climate change, in particular on the rights of vulnerable individuals and groups. The case of Murner versus Austria, currently pending before the European Court of Human Rights, illustrates these concerns. The applicant alleges that Austria's failure to take effective measures to reduce greenhouse gas emissions has contributed to extreme heat that substantially worsens his health conditions and restricts his mobility. The case is but one example of a broader concern relating to the right to life, especially for persons with disabilities, chronic illnesses, the elderly, and other groups that face heightened risks from the foreseeable effects of climate change. What additional legislative or policy changes is Austria considering to ensure effective protection of covenant rights in this context, especially for persons with disabilities and chronic illnesses and the elderly? The Committee notes with appreciation the adoption of a national heat protection plan and a heat protection ordinance to proactively address the health risks of increasingly frequent and deadly heat waves. However, the committee understands that protections for outdoor workers remain voluntary or insufficiently enforced. Noting with concern that OSTR recorded the highest ever number of heat-related deaths for June through August in 2026, we would appreciate receiving information on three topics. First, the implementation and enforcement of the 2026 Heat Protection Plan and ordinance. Second, how these policies operate in practice for persons who cannot take proactive measures without assistance, such as persons experiencing homelessness, those who are socially isolated, and individuals in hospitals or care facilities. And third, measures to strengthen heat protection for workers, including safeguards for workers at risk, at heightened risk due to their health status or physically demanding work. Those are my questions for this afternoon, and I look forward to your replies. Thank you.

Thank you very much, Mr. Halfar. Now I will give the floor to Mr. Seidhoff. Thank.

You, Chair, distinguished members of the committee. At the outset, I warmly welcome the distinguished high-level delegation of Austria and thank its members for the sixth periodic report and the information provided to the Committee. I would like to raise questions concerning two main issues: racial profiling and the treatment of people in detention. First, on racial profiling, my questions concern police stops. searches and other law enforcement activities where a person's race, skin colour and ethnic background may influence how they are treated. Austria's report describes police training, guidelines and disciplinary measures aimed at preventing racial profiling. Could the delegation clarify whether Austria intends to introduce a clear and specific prohibition of racial profiling and what definition is currently applied by law enforcement authorities? The Ministry of the Interior has reportedly established a working group to put an end to racial profiling. What concrete measures has this group proposed or introduced? Are there action plans, dedicated resources and measurable indicators to assess the effectiveness of these measures and existing police training. The State Party report indicates that complaints of racial profiling are not recorded separately. Does Austria plan to establish a dedicated system for recording such complaints? Could the delegation provide the latest available figures, including the numbers of investigations, disciplinary measures, criminal proceedings and sanctions? I would also appreciate clarification on the remedies available to individuals alleging racial or ethnic profiling. Following the Constitutional Court's annulment of section 894 of the Security Police Act, what effective judicial or administrative avenues are now available to challenge police misconduct? Has the resulting uncertainty concerning guideline complaints been resolved? What measures are being taken to address the possible underreporting of such incidents and what victim support and compensation mechanisms are available in practice. My second set of questions concern the treatment of people in detention. According to Austria's report, the Investigation and Complaints Unit for Allegations of Ill-treatment, ABM, opened 514 cases in 2024. Could the delegation provide updated information on their outcomes? How many resulted in criminal charges, convictions, or disciplinary action? How many remain pending, and why were other cases closed without further action? I would also like to ask about the independence and effectiveness of these investigations. Given the ABM's position, which is the Minister of the Interior, and the independent advisory board's limited role in individual cases, what legal and practical safeguards ensure impartial investigations and effective oversight? Does the unit have adequate resources and access to evidence? Finally, I would like to address conditions of detention and access to medical and mental health care in prisons. In light of reports concerning overcrowding, staff shortages and prolonged confinement of detainees to their cells, What measures are being taken to ensure human treatment in accordance with the Article 10 of the Covenant? What progress has Austria made in addressing shortages of doctors and mental health professionals? Could the delegation provide recent staffing figures and explain whether prisoners now have timely access to medical consultations urgent treatment and appreciated mental health support. The Austrian Ombudsman Board has also raised concerns regarding suicide and suicide attempts in correctional institutions. What measures are in place to identify persons at risk, prevent such incidents and ensure effective mental health care? I think the distinguished delegation for its attention and look forward to its responses. Thank you, Chair.

Thank you, Mr. Saidov. Now I will invite Madame Leinart. You have the floor.

Mr. Chair, and I welcome Austrian delegation for this constructive dialogue. I will address para 7 on gender equality. Following the Equal Treatment Act, the ministries and federal supreme bodies are required to issue a women's promotion plan in the form of a regulation for a period of six years. Accordingly, numerous measures are introduced in order to reduce women's under-representation and ensure equal participation for women in public and private bodies. Thanks to targeted quotas, women's representation in the Federal Ministry of Justice rose to 32% in 2025, just to compare 60% in 2016. With the help of regularly adopted women promotion plans, the Federal Ministry of Justice also succeeded in increasing women's share in executive and higher rank growth. within courts and public prosecutors' offices. Similarly, the Parliamentary Group Financing Act that was adopted in 1985 was amended in 2019 to include a bonus for increased female representation within parliamentary groups. But these measures are longer or short-term quotas. At the same time, women's labor market participation in Austria, it's traditionally and historically concentrated in part-time work. For example, in 2010, 43.8% of women were employed part-time, and last year, 49.8% of female workers were part-timers, compared to 14% of male workers in Austria. Accordingly, one of the lowest World Bank scores for Austria in 2024 is for the indicator measuring childcare. It points out that the Austrian women act as primary caregivers, not only for children, for a significant portion of their lives. It might be a structural barrier to achieving long-lasting equality and parity for women in public and political life. Would the delegation kindly share their thoughts on similar structural barriers to achieve gender equality and parity in the country? Now, part eight, violence against women and domestic violence. Following the National Statistical Institute data, one in four women has experienced sexual violence from the age of 15 onwards in Austria. Amnesty International note and GRAVI also note that although sexual offenses and rape are criminalized, the laws are not fully in line with human rights standards in Austria. For the act to be punishable under Austrian legislation, the victims must express their opposing will, verbally or otherwise. Accordingly, the Austrian legislation may not allow for prosecution in cases where the victim remains passive while not consenting. Could you please kindly elaborate on whether criminal law regarding sexual offences and rape might be aligned with the principle of freely given consent, meaning only yes means yes. The number of women killed each year in Austria is growing, actually. According to EIGE, in 2022, police recorded 41 women victims of international femicide, two-thirds of them being killed by domestic perpetrators. traitors. In 2026 alone, 16 women have been victims of femicide. Could you please kindly provide data on the victims of gender-based violence segregated by social background, ethnicity, age, and family status? Does the State Party's policy framework prioritize high-risk groups when combating domestic and sexual violence? What special protection measures exist to combat violence against women who face intersecting discrimination or higher risks of poverty? Now, a few words on prostitution, which is legal and regulated in Austria. Federal Ministry of Women's Sites and Research noted that some groups, it's quotation, some groups are calling for a general ban on the purchase of sexual services. However, experts on Austria are largely in agreement that it is better to regulate sexual services than to push the existing market into illegality by trying to ban it." The end of quotation. On the other hand, the Director General on Women and Gender Equality notes, quotation, "The field of sexual services is particular exploitative field. So, like many other countries, Austria is not also free from illegal prostitution. So, the question is, could you please elaborate on policies preventing gender-based violence in this field, also measures for those sex workers, including illegal one, who might wish to leave commercial sex? Thank you.

Thank you very much, Madame Nernalte. This is the end of our questions from the committee. And this afternoon, then I will, as agreed, I will give you 15 minutes to prepare the answers. Thank you. Okay, I will resume the meeting, then I will directly give the floor to the delegation for the answers. You have one hour.

Thank you very much. First of all, thank you very much for your questions, which we are now going to answer. We would like to start with the questions from Mr. Yigit Su. You had a question regarding, or you had questions regarding the Austrian Ombudsman Board, in particular, as regards pluralism and diversity among staff members and selection and also as regards the selection and appointment procedure of the members of the Austrian Ombudsman Board. Given its A status granted by GANRI, the appointment procedure for the members of the Austrian Ombudsman Board, in our opinion, can already be considered fully compliant with the Paris Principles. And we We can report that at a political level, there are plans to amend the National Council's Rule of Procedure Act. Specifically, a public hearing for applicants open to the media is to be held in the National Council's main committee. modeled on the procedure for appointing the president of the court of auditors. Further structural changes would be inconceivable without a constitutional amendment, but the government program currently rules this out. As regards pluralism and diversity among the staff members, the legal framework contains no express requirements to ensure pluralism and diversity among the members of the AUP. but gender balance and appropriate representation of ethnic groups and minorities are statutory objectives for the commissions of the AOB and the Human Rights Advisory Council. In its 2025 contribution to the European network of national human rights institutions, the AOB reported that persons with disabilities accounted for 5.88% of its staff. It stated that it did not record ethnicity or religion, but that its workforce included persons with a migration background and members of Austria's recognized ethnic groups. As regards your question regarding the views issued by your committee, I would like to pass on to my colleague from the Federal Chancellery, Ms. Vacek. Katarina, the floor is yours.

Thank you very much. Dear Chair and distinguished members of the committee, When it comes to the implementation of the views, the views are published with a German translation on the Federal Chancellor's website and are discussed at the regular meetings of the human rights coordinators of the federal ministries and the Lander. Austria examines in good faith the individual case, whether and which measures are to be taken to redress an established violation. What sort of implementing measure has to be taken is examined by the Federal Chancellery and the Federal Ministry for European and International Affairs, together with the competent federal ministry, land or municipality. Implementation may require both administrative and legislative measures. Austria regularly informs the Committee about measures taken to give effect to the Committee's views, and if necessary, the Austrian Ombudsman Board and other ombudspersons mediate between applicants and government agencies. Thank you.

Thank you. As regards your question concerning the concluding observations, They are translated into German and published together with the English version on the website of the Federal Chancellery. They are discussed in the group of human rights coordinators, which has been set up in 1999 and which has proven a highly effective coordination tool for the dissemination and the implementation of the recommendations. It meets on a regular basis and the human rights coordinators, they serve as the key body responsible not only for the preparing of the national reports, but also for the regular and systematic implementation of recommendations. from all international bodies. And as regards your question of the status of the Covenant, it's not directly applicable in Austria. Therefore, courts can also not base their decision directly on the Covenant. They can only use it as a means of interpreting other legal provisions because courts are bound also to interpret national law in accordance with international law and international treaties. Nevertheless, we think that most of the guarantees of the Covenant are already implemented in Austria in international law. For example, Guarantees are to be found in the Austrian Constitution, in the European Convention on Human Rights and its protocols, which enjoys constitutional law status in Austria, and also the EU Charter of Fundamental Rights, as far as it has to be applied in court proceedings in Austria. Therefore, the rights enshrined in the Covenant are essentially protected by other human rights instruments already, and domestic authorities and courts primarily refer to these human rights instruments. In addition, the rights protected by Austrian law, including the Austrian Constitution, must be interpreted in the light of public international law and thus in the light of the Covenant. And since the rights enshrined in the Covenant are comprehensively protected by the Austrian constitution and the human rights instruments I previously referred to, both Austrian legislation and the Austrian administration always strive to ensure that full effect is given to protecting human rights within the Austrian legal order. You also had a question regarding the age for being criminally liable, and I would like to pass on this question to Ms. Brois from the Ministry of Justice. Ms. Brois, the floor is yours.

Thank you, Mr. Chair, distinguished members of the committee. In recent years, there have been repeated discussions about lowering the age of criminal responsibility from 14 to most recently 12. These discussions were usually preceded by incidents involving minors that attracted media attention. and the Federal Ministry of Justice has always spoken out against such a reduction, pointing out that on the one hand, early intervention, especially educational measures by child and youth welfare services, is considered more appropriate, not least from the point of view of experts. On the other hand, the age limit of 14 years exists in almost all countries of the European Union. Interventions, especially educational measures by child and youth welfare services, are considered more appropriate. On the other hand, the age limit of 14 years exists in almost all European Union countries and is also in line with international recommendations. The current government program therefore does not provide for a lowering of the age of criminal responsibility. Thank you.

Thank you. I would now like to turn to the question of Mr. Helfer concerning hate crime, and this is going to be answered first by Mr. Melicher from the Ministry of the Interior. Mr. Melicher, the floor is yours.

Yeah, dear Chair, distinguished members of the committee, Mr. Helfer, first of all, I want to point out that the training in hate crime has been intensified since 2020. in several steps and one that is a compulsory online training program with examination and also train the trainer program and we also on several levels up to the ministry are checking all the data that the police force is gathering. in this process. So we can say by now we also received statistics how many police officers completed the training in pre-service and in-service training, as we mentioned in human rights trainings of the police force. So we can say about 99% practically really have been trained on hate crime. But of course, we continue our efforts to improve still the quality. Concerning, yeah, also we can mention that in this training we try to really to stress the victim focus in the whole procedure of hate crime, so to avoid secondary victimization, so that's why we also provide hate crime fact sheets in 12 languages. online. And we also already conducted a victimization survey in 2021, and we are continuing now in 2026. There will be a new victimization survey, especially also covering hate crime, with a special focus also on hate crime against women. So we're expecting results next year. And So we, and concerning the national action plan that you mentioned, together with the Ministry of Justice and with other ministries, and also with civil society organizations now, we are developing in several areas measures in order to step up our efforts, and we hope to really conclude the development of this national action plan in the course of next year. So, concerning data collection, training, also studies, also awareness raising campaigns. So, we try to cover as it's quite comprehensive, as you already mentioned, we covered nine diversity factors. And so, we also want to go into all directions so that so that points is people with handicaps or gender identity. So in order to improve still the data collection, but concerning data collection, still my colleague can also from Ministry of Justice can also cover this.

Thank you. So I will pass on to Ms. Brois from the Ministry of Justice.

Regarding data collection on hate crime and hate speech, I would like to give the following updates. In the judiciary, the mandatory recording of detailed identifiers for hate crimes in the judicial register application was implemented. It is effective since May 2025. Therefore, statistics will be available from that point and fully for the 2026 reporting year. The identifiers have a range of 22 categories relating to age, gender, religion, and worldview. Every prosecutor and judge should use the respective identifier when registering an offense with bias motivation. Also, the transfer of the identifiers set by police officers in the police database to the judicial databases is now carried out automatically. Accompanying these technical changes, a new decree was issued to the judicial authorities on May 9, 2025, which also contains information on the background, legal basis, technical steps, and training opportunities in relation to the recording of bias-motivated offenses, and is specifically dedicated to the new categories of bias motives, including possible practical examples. In this regard, I would quickly like to react to what you mentioned that in Austrian hate speech legislation, the protected characteristics do not contain sexual orientation, but also we submit they not only contain sexual orientation, which is in German, but also sex characteristics, gender identity and gender expression by way of the term stated in section 283 of the Austrian Criminal Code. The German term covers both the biological sex, referred to as sex in English, as well as the social gender, referred to as gender in English. The decree I mentioned earlier sets out with respect to the category Geschlecht that it includes and it explains this and includes a number of examples. In particular, it details the different identifiers within the category Geschlecht. These are diverse inter, for diverse gender and intersex, Frau for woman, Mann for man, Trans for transgender, and Andere for others, which is aimed to address, for instance, unexpected appearance and behavior, such as cross-dressing, drag queens or kings, et cetera. Hence, the various aspects are fully covered. With regard to training of judges and prosecutors, there is a specific e-learning course on the systematic investigation and recording of hate crimes available to justice system employees, which addresses the definition and impact of hate crimes and is reviewed regularly to ensure it is up to date and relevant. In addition, specific bias-motivated offences are also covered by the compulsory initial training program for trainee judges and further training seminars and conferences on the topics of racism and hate crimes are offered on an ongoing basis.

Thank you.

Thank you. Regarding the question on medical unnecessary interventions, I would like to pass on to Ms. Feldbacher from the Ministry of Justice. Ms. Feldbacher, the floor is yours.

Dear Chair, distinguished members of the committee, As was already mentioned in the question, extensive work was done in Austria on a civil law ban on gender reassignment procedures for minors with a violation of sex development in the absence of medical indication. I can only tell that unfortunately, a political consensus could not be reached so far. And for further information, I would like to hand over to my colleague from the Ministry of the Health.

Thank you, Mr. Chairman and distinguished members of the committee, Ms. Abdurochor, I can only add to the things said from my colleague that also the Ministry of Health has no plans for such legislation and unfortunately there are no such initiatives at the moment. Thank you.

Thank you. As regards the question of Ms. Lenerte on the statistics on femicides, I would like to pass on to Mr. Melicher from the Ministry of the Interior.

So, Ms. Lenerte, hello. the committee, first of all, we have to stress that in the police crime statistics focuses according to the ICCS, so the International Classification of Crime for Statistical Purposes by the UNODC on homicides with female victims. So this we can provide for different stipulations in the criminal code, the numbers I would have to send you till tomorrow the precise numbers. We have them all published in our security reports. Generally, still, I would like to point out that since 2024, we also gather statistics on additional genders and also on unknown victims in 2023, also the types of relationships in 2024. So this is all this is aggregation is published, also sex, age, nationality, and offense. And furthermore, we also running a special research project, a project in the Austrian homicide monitor, those with 144 variables to go more into depth, what are the risk factors to identify protection gaps, and so to provide further evidence. And so in the category, sociodemographic, situative predictors, psychological predictors, social relational predictors. So that's what we are working on in this respect. I hope this is sufficient for now.

Thank you. As regards the question of Ms. Abdo regarding abortion, I would like to pass to Ms. Brois from the Ministry of Justice. Ms. Brois, the floor is yours.

I was about to, if I may, submit just one more little thing about femicides. I can report that, on 26 July, a reporting obligation for prosecutors for femicides was introduced. The purpose of that decree of the Ministry of Justice is to enable reactive supervisory review, particularly in cases where the public prosecutor's office had prior involvement and had already conducted assessments regarding detention before the attempted homicide occurred. I will now move on directly to the next question regarding the decriminalization of abortion. Section 97 of the Austrian Criminal Code currently regulates an exemption from punishment for abortions. Accordingly, an abortion carried out with the consent of the pregnant person is not subject to the prosecution within the first three months from the beginning of the pregnancy and without any time limit in the case of medical indications or if the pregnant woman is a minor, provided that the abortion is performed by a physician. The current provisions, particularly the criminal law as the regulatory framework, are increasingly being questioned. A new legislative framework is conceivable in which public health aspects take center stage and criminal law serves merely as a background element. Corresponding efforts in other states are being monitored and analyzed for this purpose. However, in any case, any potential amendment requires a broad public debate and appropriate majorities in Parliament.

Thank you. Thank you. I pass on for the same question to Ms. Kiermayer from the Federal Ministry of Health.

I would like to add to the words of my colleague that abortion services are available in Austria and you're right, the organization and the availability differ between the regions. I have to say that abortion services are provided in both public but also in private healthcare settings. And we can confirm that abortion services are provided in at least one public hospital in every Bundesland, with the correct exception of Burgenland. But this does not mean that there is no gynaecologist available in Burgenland providing abortion services. We just have no details on the numbers of clinics or other institutions and doctors providing abortion services for Austria. In addition to that, I would like to say that there is also a new women's health strategy which has been launched this June to June 2026. And this will be addressing also sexual and reproductive rights and corresponding measures. And this will be worked out during the next year, maybe in addition to all what my colleague already said. Thank you very much.

Thank you. I would now like to turn back to a question of Mr. Helfer concerning climate protection, and I would like to pass on to Ms. Putz from the Ministry of Labour.

Thank you very much for giving me the floor, and also thank you to the Chair and the distinguished members of this Committee for its questions and comments. The heat protection ordinance, which you mentioned, covers the following: identifying and assessing hazards and determining appropriate measures for heat and UV protection, as well as emergency measures. Mandatory implementation of heat and UV protection measures when Geosphere Austria issues a warning of at least level two, which means caution. Mandatory installation of cooling or air conditioning systems in crane operator cabins and self-propelled work equipment, subject to transitional periods. When identifying and assessing heat exposure in the workplace, it is important to take account of workers acclimatization. The new heat protection ordinance applies to outdoor work carried out at workplaces, on construction sites and at external work locations where employees are or may be exposed to heat or natural ultraviolet radiation. Even before the new ordinance came into force, employers were required to take health risks associated with outdoor work in hot conditions into account as part of their workplace risk assessment. The new ordinance now specifies the hazards employers must assess and the measures they must implement. These relate not only to weather conditions themselves, but also to the intensity of the work, work clothing and the protection of particularly vulnerable employees. Thank you.

Thank you. I would like to turn to another question of Ms. Abderohol concerning the Equal Treatment Commission. And I would like again to pass on to Ms. Putz from the Ministry of Labour.

The floor. Regarding your question, if the Equal Treatment Commission is able to bring cases before courts, I can say that as a general rule, the person affected by discrimination must pursue their claims before the courts themselves. The Equal Treatment Commission cannot award damages or compel a party to make a payment. these matters fall into the jurisdiction of the courts. However, the findings of the Equal Treatment Commission, they are not legally binding, but may serve as evidence in subsequent court proceedings. The court must consider the findings and provide reasons if it reaches a different conclusion than the Equal Treatment Commission. Thank you.

Thank you. I would now like to turn to a question of -- to the question of Mr. Sidoff concerning racial profiling. And I would like to pass on this question to Mr. Melicher from the Ministry of the Interior.

Thank you, Mr. Sidoff, distinguished committee. First of all, I would like to mention that we train the police on the in and pre-service, pre and in-service training, not only on the constitutional stipulations, human rights, especially the principle of non-discrimination, but also the Security Police Act, but also the directive regulation, which has a stipulation five, where the police officers in the performance of the duty, I want just shortly to quote, in the agencies of public service security, they shall refrain from any action that is likely to create the impression of bias and be perceived as discrimination on the basis of sex, race, skin color, national origin, religious belief, political opinion, sexual orientation. So we discuss this in the trainings also with cases. So we, so to speak, simply we try to police that it's not lawful to just discriminatory profile, the racial profile is the first step. The second step is also that, as you mentioned, there was a repeal of the Section 89, the paragraph 4, concerning this special means. of receiving just, it was not a subjective right, which was repealed actually, but only you would only receive the statement whether this directive regulation was violated or not. So in the view of the Ministry of Interior, This is covered, this kind of complaint is covered by other complaints. So there is a supervisory complaint, which is in section 89 as well, second paragraph, but also we have the section 30 and 88 in the same Security Police Act, which offers other complaints, also this measure complaints, and also in the constitution itself, in Austrian constitution, article 130. gives the opportunity to really contest measures of the police which could be, for instance, perceived as discriminatory. In this regard, I would also move now on what you mentioned rightly, that we had an expert group which dealt since 2023 till now, till 2026, in a working group on racism, how to proactively stem racism in the security authorities, so in a dimension of human resources, competence and training, collective and individual misconduct, strategy, communication, data collection, and there were 67 recommendations, were then agreed upon with civil society, but now there hasn't been yet a decision by the highest police command how to implement, but what already has been implemented is has been, for instance, a decree dated in October 2025, which stipulates that identity checks, which do not result in further official action, have to be recorded with a special keyword also in the police database. So I can't provide statistics just now on the spot, but we have this in place and we And so in this regard, and of course, in all of these five dimensions, there have been recommendations passed now in this committee. And so we're still awaiting now what will be now implemented. But we are following up on this. And I hope I covered sort of, I hope I covered more or less everything. Thank you.

Thank you. As regards the question of Ms. Lenate regarding structural barriers for women in the labour market, I would like to pass to Ms. Rentes-Wagner from the Federal Chancellery. The floor is yours. Thank you.

Thank you very much for giving me the floor. Dear Mr. Chair, dear distinguished members of the committee, The current government program includes extensive measures for supporting families, especially concerning the reconciliation of family and working life for both parents. Through different initiatives and family policies, parents have been enabled to find better balance between family and career. Financial contributions of the state led to increased provisions of education and care places for children, especially for the group of under three years. In the future, we will strive for further improvements in this area, which is why we have designated 500 million euros of the future fund of the Republic of Austria to early childhood education. The main focus will be expanding the offer of places for under three years olds. extending opening hours to be more compatible with both parents working full-time, and improving the quality of the provided care and education. Expansions and improvements in early childhood education are linked to high nationwide quality standards. There is a phased plan for gradually reducing group sizes and a phased plan for gradually implementing a guarantee of access to full-day, year-round early childhood education and care places. In addition, a second mandatory kindergarten year is planned. In 2023, we have included free-of-charge parent counselling as part of Austria's parent-child pass scheme. This service helps new parents navigate questions of reconciliation of family and working life, as well as the division of care work. A special emphasis is put on discussing re-entering into workforce, as well as consequences of working part-time on the claims of the statutory pension insurance scheme, in particular for women. In the past years, we have registered major improvements regarding the participation of fathers, including the family time bonus. The family time bonus is an important instrument for working fathers who wish to devote themselves exclusively to family life immediately after birth. It is important for father involvement in child welfare, as it allows the newborn to quickly form a close emotional bond with the father. In 2024, approximately 19,800 fathers received the family time bonus. Since its introduction in 2017, uptake of the bonus has increased almost fivefold. Other measures contributing to increased fathers' involvement include the following: the introduction of a legal entitlement to a month of paternity leave, Papa-monat; in September 2019. For births from January 1, 2023, the family time bonus will no longer be deducted from child care allowance payments that are claimed later on. The doubling of the child care allowance for births from the 1st of August 2023 and the indexation of the allowance in 2023, 2024 and 2025. The entitlement to longer parental leave if both parents take it, as well as non-transferable partner months for the second parent, encouraging more equal sharing of childcare between parents. If this is achieved, the parents are receive a partnership bonus in the form of a one-time payment. When raising children, one will be also credited with contributions to the statutory pension insurance scheme. This means higher pension payment for these child raising years where parents might only be able to work to a limited extent. To strengthen partnership-based child care and fathers' involvement, an inter-ministerial working group has been set up. By the end of 2026, It is expected to provide, among other things, ideas for incentives to increase fathers' involvement and partnership-based sharing of care, such as raising awareness of fathers' involvement in counseling. Moreover, if companies or municipalities make an effort to implement family and child-friendly measures, they can also get certified as family-friendly. through different audit processes, as well as receive awards for special contributions to easier reconciliation of family and working life. I thank you.

Thank you very much. I would like to pass on to Ms. Putz from the Ministry of Labour regarding the same question.

I can add to what my colleague just said that In the implementation of the Directive on work-life balance, the Maternity Protection Act of 1979 and the Paternity Leave Act were amended to stipulate that parents are only entitled under employment law to a two-year period of parental leave if both parents take it. Furthermore, the arrangements for taking parental part-time leave have been made more flexible. These measures are intended to counteract traditional gender roles in childcare and to encourage greater involvement by fathers. According to the reasons given in the preamble to the directive, the provisions are intended to promote women's participation in the labor market and to support the fair sharing of childcare and care responsibilities between men and women, thereby also closing the gender pay gap. Thank you.

Thank you. Next, we would like to answer a question of Mr. Saidov regarding mistreatment and the ABM. I pass on this question to Mr. Melicher from the Ministry of the Interior.

Again, dear Committee, dear Mr. Saidov, as you mentioned, first of all, I want to elaborate a bit on the Investigation and Complaints Office for allegations of police mistreatment. EBM, in short, which began its work in January 2024. First of all, its mandate is twofold. It encompasses allegations of disproportionate use of force or inhumane or degrading treatment. And second, it includes cases of life-threatening use of arms and directive coercive force resulting in death. So to point out right away, because the context was also about detention treatment. So the misconduct by prison officers, especially in the judicial sphere, is not dealt by the EBM, so directly by the judiciary. Concerning the EBM's independence, we can point out, first of all, that there's an independent advisory board, which actually, it was present to the law It's set up at the Ministry of Interior, but the president of the Constitutional Court nominates the chair and the vice chair of the advisory board. The Austrian Bar Association, Austrian Medical Chamber, the universities, and civil society organizations nominate further board members. And so the advisory board is, on the one hand, an additional avenue for complaints, has an interdisciplinary approach, and also is involved in the training And it has especially already issued four recommendations, so dealing with, so that the EBM receives more workforce, but also closer working together with the prosecution, which is overseeing all these investigations, the criminal investigations. And also, what is also now implemented as stemming from the vice, it was a regular exchange format, so that lessons learned from the EBM investigation really really integrated in the teaching and of the prevention purposes in the police force. So given that, I would like to stress that the EBM is outside of the regular police hierarchy, but it's in the section of laws, not in the section of the police force, and it's within the federal office for the contending corruption and also prevention of corruption. There it's located. So any instruction would have to be in writing according to the law. And as I said, it has full investigative powers. So according to our constitution, it has to be a police force which is investigating, conducting criminal investigations. That's why it's still in the Ministry of Interior. But as I said, it's really in this separate agency outside of the police force. And so what I can say about the statistics, So from January 2024 up to September, so 17th of September, we had more than 1,300 cases involving suspected and alleged ill treatment. In addition, 23 cases of life threatening and use of weapons and three cases of the use of direct coercive force resulting in death have been investigated. And to flesh it out a bit further, so over 80% of these complaints deal with the use of excessive force, especially use of physical strength by the police officers, especially 48% of these deal with the enforcement of an arrest, followed by identity checks of 8%, 10% in treatment allegations taking place in custody, and 3% only during demonstrations. So they're all, they're stipulated in the law that immediately has to be reported to the EBM, any case, and also the EBM itself reports as fast as possible to the prosecution. So it's all is dealt with by the judiciary. Yeah, this is all. Thank you so very much.

Thank you. I would now like to pass on to Ms. Brois from the Ministry of Justice regarding another question from Mr. Seidoff concerning prison conditions. Ms. Brois, the floor is yours.

Thank you. I am not sure whether I should also make some comments about allegations of misconduct by prison officers. In cases of criminal misconduct by prison officers or incidents involving prisoners in circumstances that do not a priori rule out misconduct, the heads of prisons are required to immediately submit an incident report to the public prosecutor's office. In order to avoid any appearance of bias, reports of criminally relevant conduct by prison officers must be submitted to the senior public prosecutor's offices, who will then entrust a public prosecutor's office other than the one with local jurisdiction with the examination and, if necessary, the conduct of preliminary proceedings. The public prosecutor officers then investigate every allegation of abuse or assault and also report it to the disciplinary authority. All criminal cases involving allegations of abuse against prison officers must be classified under the offence code MJB. As you mentioned, the discrepancy between the high number of allegations of ill-treatment and the low number of convictions This results partly from the fact that not only cases of criminal misconduct by prison officers must be reported by the heads of prisons, but also incidents involving prisoners in circumstances that do not a priori rule out misconduct. Therefore, in a lot of reported cases, it turns out after closer examination and consideration of the circumstances of the individual case, that there is no sufficient suspicion of a crime having been committed, which is why the competent public prosecution office refrains from initiating investigations or discontinues them for legal reasons. Thank you. We can directly move on to the prison conditions. With regards to medical healthcare, inmates in the penitentiary system, inmates of Austrian prisons have a subjective public right to receive the same medical and nursing care and treatment as non-detained persons. In order to adequately address the diverse tasks and growing challenges in the field of medical care, the Special Department for Medical Care was established within the Directorate General for the Administration of Custodial Sentences in July 2025. This unit includes, among others, experts from the fields of medicine and nursing, a chief medical officer, a chief psychiatrist, a chief dentist, and a chief nurse. It is primarily dedicated to developing strategies and concepts to ensure and improve medical care for detainees. The significant rise in the prison population, coupled with the steady increase in recent years in the number of patients requiring somatic and, in particular, psychiatric treatment, regardless of whether these individuals are subject to criminal or preventive detention, has created an urgent need to expand both intramural care structures and possibilities for extramural collaboration. In line with this premise, the Special Department for Medical Care has already taken initial steps toward implementation, and several projects are planned for the future to ensure adequate psychiatric care for inmates, detainees, and persons committed to a forensic institution. A number of measures are listed in the Austrian State Report. In addition, the following measures to improve medical and psychiatric care in correctional facilities can be named. There are new regulations for hepatitis C treatment and compulsory medical treatment. There are new media options for medical care, such as telemedical visits, that have been introduced to expand the medical services in prisons. There is a project in Styria for an on-call medical service to improve medical care in correctional facilities on weekends and public holidays. A training program has been developed for dealing with people who require psychiatric care. Also, contact with cooperation partners to expand extramural care option was established. Also, at the Stein Correctional Facility, a psychiatric transitional ward is planned to provide targeted care for patients being transferred back from acute extra-mural psychiatric care, allowing for further stabilization and observation before they are transferred to the main facility. With the particular aim to increase health care staff, Some the following measures were taken. Some selected correctional facilities are to be recognized as training institutions for future specialists in psychiatry. Intramural care structures are to be expanded to increase staffing levels, medical and nursing staff in accordance with the staffing requirements calculation for the correctional system, including weekends and holidays. Collaborations with psychiatric hospitals are expanded to secure beds for extramural care and to recruit specialists for intramural care through cooperation agreements. Finally, market-based compensation and the integration in the judicial support agency contract system was established in order to remain competitive in the recruitment of staff. With regards to your question on the use of solitary confinement or persons with mental disorders being held in cells by themselves, I would like to react as follows. By raising awareness among staff working in prisons and forensic therapeutic centers, care is taken to ensure that solitary confinement for persons with mental disorders is used only as a last resort in cases of acute danger to oneself and/or others. In particular, efforts have been made to expand on-site care infrastructure and strengthen cooperation with forensic and psychiatric hospital departments in order to ensure adequate medical care as quickly as possible. People with mental disorders who are placed in solitary confinement are also visited regularly by medically trained staff. Finally, regarding suicides in custody, the Austrian Ombudsman Board states in its report to the committee that the number of suicides in correctional institutions have been rising for years. The AOB supports its argument with the fact that in 2026, the number of suicides reported to them by August has already exceeded the number of suicides of the previous year, 2025. However, the low absolute numbers of suicides per year can statistically lead to relatively large year-to-year fluctuations. For this reason, single year rates should not be overinterpreted. Long-term developmental trends offer a much more accurate picture. And a look at the numbers from 2006 to 2025 shows that for the last 20 years, the number of suicides in Austrian prisons has remained at a stable level of around 10 suicides per year. These stable numbers can be attributed to the effective suicide prevention measures taken by the Austrian prison administration. These are the Visky system, which is a cell allocation program specifically developed for the purpose of suicide prevention, which was introduced in 2007. The penal service therefore has an internationally renowned screening tool for initial assessment of suicide suicidality among newly admitted prisoners at its disposal. Furthermore, a specialist group for suicide prevention, which includes both internal and external experts from various professional groups, such as psychology, psychiatry, social work and prison guards, was set up in 2011. The group meets at regular intervals to observe and analyse suicide incidents and make recommendations in this regard. Thank you.

Thank you very much. So for our remaining 7 minutes and 14 seconds, I would like first to pass on to Ms. Putz from the Ministry of Labour regarding intersectional discriminations. Flori, please.

Thank you very much. Regarding the question on intersectional discrimination, I would like to provide the information that the Equal Treatment Act uses the term multiple discrimination. There is no legal definition of the term multiple discrimination at either EU or national level. The terms multiple discrimination and intersectional discrimination are sometimes used alongside each other. Other views consider intersectional discrimination to be a specific form of multiple discrimination. The Equal Treatment Act itself does not distinguish between situations in which different grounds of discrimination are invoked successively or simultaneously. The term should therefore be understood broadly and consequently applies to all cases in which a discriminatory situation involves several protected characteristics. Based on these considerations, intersectional discrimination is also covered by the Equal Treatment Act. In the event of a violation of the principle of equal treatment, affected employees are entitled, depending on the discrimination that has occurred, to the restoration of a non-discriminatory situation or to compensation for financial loss and personal injury suffered. These claims can be asserted in court. Where multiple discrimination has occurred, this shall be taken into account when assessing the amount of compensation for the personal harm suffered. Thank you.

Thank you very much. As regards the question of Ms. Lenarte on sexual violence, I would like to pass this question again to Ms. Price from the Ministry of Justice.

Thank you. In implementation of the National Action Plan on Combating Violence Against Women and Girls, A group of experts has been set up by the Ministry of Justice to evaluate the current offenses of the Austrian Criminal Code, which deal with violations of sexual integrity and sexual self-determination. The experts include representatives from legal professions, ministries, academia, and civil society. The group is tasked to conduct a thorough review of the current legal situation with a view to identify and close gaps and modernize the legal framework. Four meetings of the group are foreseen from September to December of this year. The issues to be discussed include, inter alia, the introduction of a yes means yes model, sexual deepfakes, and depictions of sexual violence, children as victims and perpetrators, terminology aspects, and penalties. In addition, or in parallel, following the discussion after the first meeting of this expert group, a draft for the introduction of an only yes means yes model is currently within the political coordination process of the federal government.

Thank you very much. I would now like to give the floor to Ms. Feldbacher. regarding the question of Ms. Abdo-Rajhoul on sterilization. The floor is yours, thank you.

Thank you very much for giving me the floor again. Concerning sterilization, please let me repeat and point out that sterilization without consent of the person concerned is only permitted in Austria within very narrow and clearly defined legal limits. In the case of adults, sterilization may only be carried out if the person concerned is capable of understanding and judgment and personally consents, or if their adult representative consents and, in addition, a medical certificate from a doctor other than the attending physician confirms that the physical or mentally impaired person does not have the necessary capacity for understanding and judgment. That means the person is not capable of recognizing and assessing the implications of the decision. And furthermore, that the procedure is necessary to safeguard their welfare, which means to safeguard their health. Furthermore, the consent given by the respective representative is subject to approval by the court. I'm sorry that I cannot provide you with the number of court authorizations as you asked, but I was trying to get the numbers from back home. Maybe I will be able to provide you with the numbers and cases by tomorrow.

Thank you very much. As regards the question from Ms. Linnarte on preventing on preventive measures for violence in the field of sexual workers we would kindly ask to defer the answer to this question for tomorrow since we need to gather some extra information in English thank you I think that we are now through with the answers. So, Mr. Chair, I would like to give the floor back to you. Thank you.

Thank you very much for all the answers and exact time, the perfect timing. You spent perfectly one hour. We will have some follow-up questions from our members. So I will first give the floor to Mr. Helfer.

Thank you, Chair, and my thanks to the delegation for providing quite helpful answers on some of the topics, some of the questions that I asked, including in particular on hate speech with regard to training, the National Action Plan, data collection, sex characteristics and gender identity, and also with respect to the, uh, issues regarding, uh, the impact on human rights of, of climate change. Um, I do, however, want to just revert to, um, a few points relating to, hate speech with a specific focus, as I mentioned, on Muslims and individuals of foreign origin. And then I also want to revert on intersex children and the issues there where I didn't I don't believe I received much of an answer. So I just would underscore that the 2026 report of Austria's Ministry of the Interior provides really several very concerning examples of hate based crime. I didn't mention them before. But here, public distribution of more than nearly 100 handwritten notes with anti-Muslim hate speech, dissemination of images of Adolf Hitler with the phrase "Muslims out." I also asked about exclusionary rhetoric by public officials, in particular online. And I would certainly appreciate hearing more about those issues because this is a serious area of concern. We've heard it from the ombudsman. and we've heard it also from civil society groups. So that's the first point. The second point I have relates to the intersex children LOI per issue 10. I hope I misheard, but I think I understood the delegation to say that although extensive steps were taken, but that were not elaborated to address this practice, there was no political census thus far in additional measures And I have to just press you, I'm afraid, on this, because we understand, the committee understands, that the work program for 2025-29 commits to adopting clear rules to protect intersex minors from medically necessary surgeries and other interventions. And so, is it really the case that there's nothing else that can be done? I asked in particular about a nationwide central registry for registering anonymously these procedures. I asked you to clarify the number of procedures that are ongoing in Austria. I would also add the recommendation of the Austria's Bioethics Commission, which called for the possibility of creating a compensation fund for those individuals who could not take legal action with regard to investigations of violations of the law. And again, whether any investigations such as that have been indicated, again, I would appreciate specific information on those issues. And in particular, if you are unable to provide them now, you might be able to provide them tomorrow or in writing after the immediately after the end of the session. But I do think that those issues still remain to be addressed. Thank you very much.

Thank you very much, Mr. Helfer. As Mr. Halper said, you can provide answers tomorrow and or in writing later. You still have options, but it's good to have answers today. But just in case you are not ready. Okay. I'll give the floor to Mr. Igezu.

Thank you, Chair. And I'd also like to join my former colleague in thanking you very much for the response you've given to most of my questions, and I think it clarifies some things, but I still need some more clarifications to understand the response correctly. On the implementation of views, I think you reiterated the response you provided in the sixth periodic report, which I fully understand. In fact, I've seen the website you have on the different complaints, both in English and German, which helps a lot for persons who have access to the website, which is usually now that it is disseminated in large part. What I was asking is, when there is a finding of a violation, for instance, I have seen some of the cases where there was a finding of a violation like Article 26, non-discrimination. What I was asking was what were the specific remedies that were provided to victims? If I understand correctly, maybe I have misunderstood, is that you have provided information on the implementation of the Committee's views. I'm not sure about -- I may have missed it, but where was it provided? And even if it's provided, if you have specific -- if you have -- if you can respond specifically what remedies have been provided, I'd appreciate that on the specific ones. on the board, on the independence and so forth, I completely understand. I mean, it has been reaccredited with a status. There's no question about it. But in the Paris principles, I mean, there are issues on representation, on the plurality, transparency and so forth. The current membership is solely composed of representative of political parties, the three political parties in the National Council. So in the Paris Principles, it recommends broad participation. Even when it was reaccredited, the country had also recommended or encouraged Austria to broaden the representation, have more transparent nomination process. I think you've addressed that, that there would be a vetting process which is in place. But still, we've also got information from civil society that there is a perceived lack of political independence or independence of the OAB. in the state party. So that's a worrying thing. I understand that the constitution at the moment does not allow you to broaden that, but I don't think it's totally impossible to change the constitution, although it may be very difficult. So that's the concern, and we have repeated those concerns in this regard. On criminal liability, very briefly, I understand that this has -- what I was asking is this has been considered in Parliament, I think, in 2025, but it was rejected, and I understand that the current age limit is 14 years under legislation. What I was asking and concerned about, the committee is concerned about, is whether this lowering of age would be, again, tabled in Parliament and therefore whether there is a possibility of lowering the age of criminal responsibility in the future or adopting such kind of legislation in the future, changing the age limit from 14 to 12. I hope you understand my question. These are all and I'll stop here. Thank you.

Thank you very much, Mr. Igezu, and I'll give the floor to Madame Leinart. Thank.

You very much, Mr. Chey, and thank you so much for your replies to my answers, and I'm fully satisfied with them, and I will look forward for your answer tomorrow about sex work and sex workers, and most probably in regards of gender-based violence in terms of them, but right now I have Not as much a question, but a kind request to help me to understand, coming back to para 7 on gender equality, maybe in labor market. So when I read your State report and from other sources, it's amazing how many measures and those quotas, you have to encourage women to reach higher positions in different fields. And it's really updated, and they are designed in a very updated way and very modern. This is really commendable. But I do not understand how this balance You, you are promoting this, uh, different measures and different quarters, uh, women's promotions, uh, in, in the, in the labor market, but the share of percentage share of women working part time. is the same, is the same historically low, or it's even, as I said, it rises, it's around 50%. So my question is whether the major politics in Austria is in a way to keep women part-time workers at home. trying somehow to help this load for them with different measures. So this is my question, just because to participate fully in the labor market, it's not only money for women, it's financial freedom, independence, economic independence for women, and also it allows women fully develop themselves as individuals. So could you please elaborate on this aspect of gender equality in a broader sense? Thank you.

Thank you very much. And I'll give the floor to Madame Abdouloushore.

Thank you, Chair. I would also like to sincerely thank the delegation for their detailed replies. I have three follow-up questions. First, related to the explanation on the broad interpretation of multiple discrimination. My doubt, and I'm sorry if I didn't catch it, is that this happens in the workplace when religion is not a protected grounds. How can you examine a complaint of discrimination that is an intersecting form of discrimination where the grounds are religion, as is the case referred to by the Ombudsman? The other question I had was on abortion, and I am grateful for the information on the strategy that will be implemented next year. It would be very helpful for the committee to receive details on that strategy to be able to assess it and understand the context for it. Finally, I'm grateful for the explanation on the legal framework on sterilization. The delegation mentioned that you could share the figures tomorrow. That would be very helpful, and we're grateful to you for that. We look forward to those details. I would like to share an indicator on this. Sterilization as a special form of protection, it's irreversible and it's rarely considered urgent. So international standards ask for all other forms of support to be exhausted first of all so that the individual can express their own will and when you're unaware of their will you need to be able to best interpret their decisions and their interests, and not the will of a third party. We are wondering whether the State party can guarantee that sterilisation takes place only with the informed consent of the individual themselves, with the appropriate supports, and not because of a desire to use a definitive form of contraception, in keeping with articles 16 and 17 of the covenant. Thank you once again to the delegation for all of your efforts to answer questions sincerely. Thank you, Chair.

Thank you very much, Madam Abdurrochid. Then these are all the questions we have today. So I will give the floor back to the delegation to provide answers.

Thank you very much. As regards the question of Mr. Helfer on hate crime, I would like to give the word to Ms. Brois, and then Mr. Melicir of the Ministry of Justice and the Ministry of the Interior.

Thank you. Thank you for your follow-up question. Regarding the focus on Muslims and individuals of foreign origin, I can report that the national action plan against hate crime that was initiated early, that work on it was initiated early in 2026. One, it has four focus areas, and one of the focus areas will be to conduct scientific studies and create a target group specific measures to curb negative developments on inter alia, religiously and culturally motivated **** and transphobia, particularly in migrant dominated communities and patriarchal groups. as well as anti-Semitism within right-wing, left-wing, and Islamist extremist circles. With regard to hate speech, particularly online, I would like to draw the committee's attention to the Combating Hate on the Internet Act, which came into effect on January 1st, 2021, and provided more effective protection against hate speech and cyber harassment on the internet. This package of measures made it unequivocally clear that the internet is not a legal vacuum, but rather a space where our rule of law fully applies. Through the Combating Hate on the Internet Act, both civil law and media law claims were expanded, substantially facilitating access to justice and legal enforcement for those affected. Also, training for judges and prosecutors with a corresponding focus on the digital sphere is offered. And finally, regarding your question, of hate speech in the political sphere, I'm afraid that at this point, I can only repeat what is stated in the Austrian State Report from the point of view of the judiciary that the criminal prosecution authorities investigate hate speech without distinction, and several criminal proceedings based on racist or discriminatory or inflammatory statements by politicians have been investigated. Thank you.

I would continue. So thank you, Mr. Helfer, for your question concerning especially anti-Muslim hate crime. I can say from the data that actually we're drafting up in this report that predominantly it's in the Public sphere, but there the cases are really, mostly, really, when we, when we look at the top five, um, crimes in this regard, we find mostly dangerous threats, then assaults and excitements, and then, um… damages of property and and in insults so it's predominantly it's really in their private context is also in among the youth especially in in in the social media this is these are the examples that we that we that we also we want also increase the victim focus that's why we actually put examples in the report but of course the dark field is certainly still much bigger. So we try to increase our efforts also on the increase simply reporting and also in the community policing setting to increase also the trust of Muslims communities in order to approach the police. As we don't, we are aware of it, we can't see it separately, just the repression part of the police, the prevention, the crime prevention, but also the community policing. where we also, especially in Vienna, where it's a special dedicated office, diversity, we try to focus also on the Muslim communities so that to increase their trust to report. Thank you. So I can just mention we had cases, for instance, of kind of in communities where also Muslim women were intimidated by other members of the ethnic community who behaved as, you know, guardians of certain habits. And so they approached the police, and the police has been investigating on this, and also to promote more the values of tolerance and equality of men and women, but of course also to protect them in the school setting, for instance.

Thank you very much. We next would like to go back to the question regarding the implementation of views issued by the Human Rights Committee. I give the word to my colleague from the Federal Chancellery.

Thank you very much. I'd like to add again or underline again that we assess each case individually. And we try to find a satisfactory remedy for each case assessed. And it usually ends in the changes of provision and laws. For example, that was in the case of Pauga and Karakurt, there were violations of Article 26. And then we In the meantime, the law was changed to be more equal. And the second remedy is usually pecuniary compensation, which is mediated by the ombudsman. And we can add additional information and provide additional information to all of the cases in the 48 hours after the today's and tomorrow's session, if you require it. Thank you.

Thank you. As regards the Ombudsman Board, I would also like to give a short follow-up here. According to our constitution, the Ombudsman Board is independent. And even so, Each member is nominated by one of the three largest party in the National Council. They are not representatives of the political parties, but they are nominated by the political parties. And this generally allows also the opposition to nominate at least one candidate. Yeah, that's what I wanted to add. Thank you. As regards the question on abortion, I would like to pass on to Ms. Kiermayer from the Ministry of Health.

Yeah, thank you. just like to clarify for the question of the women's health strategy and the question whether we could provide this. This strategy has been launched to be established, so we expect it to be finalized by mid next year, and of course, then it will be publicly available. So details are not yet defined as they will be developed within the next months. Just saying that because the focus will be on sexual and reproductive health, or one of the focuses, and it has not been yet in detail worked out, but of course, once done, we can provide it as will be publicly available anyway. Thank you.

Thank you. I would then like to pass on to Mr. Heisenberger, also from the Ministry of Health.

Thank you for giving me the floor. And thank you, Mr. Chairman and Mr. Helfer for your worthwhile question. As you mentioned, there is an opinion of the Austrian Bioethics Commission regarding intersexuality and trans identity. It is dated from the October 2017. And in this opinion, there are a lot of recommendations concerning this topic. They are about exclusion and discrimination, for example, or to sex assignment. Or another example would be recommendations with regard to gender reassignment. but there is no strong recommendation to a ban of such medical treatments. So regarding this opinion at the committee, there is no steps taken to regard of this. And unfortunately, I can only underline that there are no no, besides this draft, there are no further action in this topic. Thank you.

Thank you very much. We are now I would like again pass on to Ms. Kiermayer from the Ministry of Health. She wants to add something.

It has been clear, but this has been a misunderstanding. The strategy will be worked out during the next year. The women's health strategy is not yet available. And I think the details cannot be provided unless we have it until mid next year. Thank you.

Could you add something concerning?

Sorry, concerning abortion, you're talking concerning abortion.

But abortion and in the topic of abortion, my last action sentence was that we have also a women's health strategy launched in June 26th, and I think it was asked for the details, and I cannot give the details as the strategy is being worked out in the next month.

Thank you very much. I think those questions we have not yet answered. it looks as if we would defer them to tomorrow to give it a deeper thought and get some extra information. Thank you very much for your understanding. Thank you.

Thank you very much. all those answers you put to us and it seems there are still some questions to be answered you said you will do it tomorrow so we look forward to having more constructive dialogue tomorrow and I hope you have nice evening and come back tomorrow and have more session tomorrow. Thank you very much. The meeting is adjourned.

Thank you.