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33rd Meeting, 80th Session, Committee on Economic, Social and Cultural Rights (CESCR)

Today, 5 November·04:00·00:00:00

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Speaker 1

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CESCRChair

Good morning. I call to order meeting number 33 of the 80th session of the Committee on Economic, Social and Cultural Rights. It is my great pleasure to welcome the distinguished delegation of Austria, and in particular the head of delegation, Her Excellency Ms. Elisabeth Handel-Petz, Austrian Federal Chancellery, who will deliver the opening statement, and of course, a very warm welcome to Ambassador Alexander Kment, as well as other members of the Austrian delegation. I would also like to welcome all those observing the dialogue in person and through webcast. Before giving the floor to the delegation for consideration of its initial report, I would like to outline the methodology we will follow for the dialogue today and tomorrow. We have prepared a sheet with the proposed speaking times for the dialogue, which will be conducted under four clusters that have been explained to Her Excellency. and that will be led by the committee members constituting our task force for this review. The initial questions will be posed by our country rapporteur and the lead member of cluster 1, that is Ms. Joo-Young Lee. Other members will pose follow-up questions thereafter. Other members of the task force are Ms. Laura Elise Perez for cluster 2, Mr. Giuseppe Parmesano, cluster 3, and Mr. Aslan Abashidze for cluster 4. The delegation is kindly requested to speak at a reasonable pace and to provide any written material that will be read out by the delegation to the Secretariat. To facilitate this process and to enable us to cover the full range of issues at hand, I would like to invite my colleagues and the distinguished delegation to kindly speak in a concise manner, giving due attention to the time allocations. With this, I have the pleasure to give you the floor, Your Excellency. to deliver your opening statement in about 10 minutes. You have the floor, madam. Thank you.

AustriaAmbassador

Good morning, madam Chair, distinguished members of the Committee. Good morning. It's a great pleasure for me to appear and for Austria to appear before you today for the consideration of Austria's fifth periodic report under the International Covenant on Economic, Social and Cultural Rights. We do welcome the opportunity to engage in constructive dialogue with the Committee and to discuss Austria's progress, Austria's achievements, and the remaining challenges in implementing the Covenant since our last review. I am very pleased to be joined by a big delegation of experts from Vienna representing the various federal ministries responsible for implementing Austria's obligations under the Covenant. And allow me to introduce the members of our delegation. And first and foremost, I have the honor to introduce Ms. Handel-Petzer from the Austrian Federal Chancellery, who is heading our delegation and will lead Austria's dialogue with the Committee over the next two days. The further members of our delegation are from the Federal Chancellery, Mr. Wolf and Ms. Grasser, from the Federal Ministry for Housing, Arts, Culture, Media and Sport, Mr. Orner; from the Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection, Ms. Kiermeyer, Mr. Heisenberger, Mr. Swirtek, Mr. Kindl, Ms. Putz, and Ms. Austaler; from the Federal Ministry for Women, Science and Research, Ms. Gerstmann; from the Federal Ministry of Justice, Ms. Breuss; and from the Federal Ministry of Education, Mr. Benesch. From our own permanent mission in Geneva, we're joined also by Ms. Nadja Kalb, the Deputy Permanent Representative, Mr. Michael Pfeiffer and Ms. Helena Moisi-Eigner, representing the Federal Ministry of European and International Affairs. And with this brief introduction, it's now my pleasure to give the floor to the head of the Austrian delegation, Ms. Elisabeth Handel-Petz, for Austria's opening statement. Many thanks. You have the floor.

AustriaHead of delegation

Thank you, madam Chair, distinguished members of the Committee, ladies and gentlemen. It is an honour for me and my delegation to present to you today Austria's fifth periodic report under the International Covenant on Economic, Social and Cultural Rights. Let me start by stressing that we very much regret the delay in submitting our report due in 2020. Austria takes its reporting obligations very seriously, and it was a series of unfortunate circumstances, including the COVID-19 pandemic, that prevented us from submitting the report on time. We are now very much looking forward to this opportunity for dialogue with your committee on our report submitted in May 2024. We are ready to address your questions and to demonstrate Austria's progress since our last dialogue in 2013. The protection and promotion of human rights and the rule of law constitute priorities of Austria's domestic and foreign policy. For human rights are the very foundation of our democratic resilience and social cohesion. Our commitment to human rights is reflected in our transparent engagement with UN mechanisms, including our fourth Universal Periodic Review this January, as well as in our sincere cooperation with civil society, including through thematic dialogues in the field of poverty eradication and disability issues. I will now focus on recent examples of Austria's efforts to improve the protection and promotion of Covenant rights. Meeting a concern raised by your Committee in its 2013 recommendations, the Federal Government recently adopted 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 and builds on national and international recommendations, as well as on proposals by civil society and experts. It contains 158 measures addressing all key areas of prevention and victim protection. Federal funding for measures combating gender-based violence increased by 6.9 million euros in 2025 compared to 2023. adding up to a total of 78.8 million euros. As regards women's socio-economic equality, there have been positive developments, but challenges persist. The difference in median income between men and women in the Austrian federal civil service has reached 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, further targeted action is required. We thus continue to inform on equal pay and income opportunities, as well as to promote women in leadership positions and atypical professions. This year, for example, the legal quota for the representation of women in supervisory boards of publicly listed companies has been increased from 30 to 40%. Addressing your committee's concern raised in 2013 on the unequal share of care responsibilities, We have increased fathers' involvement by extending paternity leave to the private sector and creating financial incentives to take parental leave. The federal government has been and will be investing in affordable childcare facilities, and the budget has been substantially and continuously increased to enable targeted policies on women's issues also in the years ahead. Austria fully commits to poverty eradication and social cohesion. and has set itself the ambitious goal of reducing the number of persons affected by poverty and social exclusion by 204,000 by 2030. Those affected by poverty and social exclusion can rely on a well-developed welfare state with a social quota of 33.4% in 2025. However, the situation is difficult at the moment as we face strict budgetary constraints and as the COVID-19 pandemic, as well as the energy and the cost of living crises, have hit us hard. This has made progress in poverty eradication very challenging, and Austria increasingly drifted away from its 2030 targets. Nevertheless, we can name numerous policies implemented in particular to support disproportionately affected groups. For example, the Support Fund for Single Parents with an annual budget of 35 million euros supports women and children in particularly precarious living situations with in cash benefits. The program Early Childhood Interventions, which has proven particularly successful in supporting young families, has been rolled out throughout Austria. Low-income households now receive electricity at a capped and socially subsidized price. The Wohnschirm program, a key instrument for preventing and ending homelessness, has been extended through 2029, and the value-added tax on basic foods was reduced. Moreover, Austria plans to reform its social assistance system by 2027 in order to achieve greater harmonization of the lender's social assistance schemes. Since equal access to quality education is also crucial for preventing poverty and social exclusion, recent measures have included targeted learning support as well as additional staff and support for schools facing difficult socioeconomic conditions. The legislation on headscarves for schoolgirls under 14 which took effect in September 2026 and has drawn criticism, is currently reviewed by the Constitutional Court, among other things, as to whether it is consistent with the general principle of non-discrimination and the best interest of the child as constitutionally guaranteed. Austria remains committed to strengthening the rights and participation of older persons with a focus on autonomy, healthy aging, digital inclusion, and social connection. Austria also actively supports the ongoing UN process to develop an international legally binding instrument on the human rights of older persons. Lastly, let me reaffirm Austria's commitment to implementing the UN Convention on the Rights of Persons with Disabilities and the second Austrian National Action Plan on Disability, containing 375 measures on almost all aspects of life. All levels of government, as well as organizations of persons with disabilities, were involved in its development and are involved in its implementation. Austria is fully committed to strengthen disability rights also in multilateral fora, in international partnerships and humanitarian assistance, and involves persons with disabilities in global program design. In 2025, 16 projects of the Austrian Development Agency totaling almost 30 million euro benefited persons with disabilities. Together with Light for the World, the Austrian Zero Project, and other civil society organizations, Austria continues placing a special emphasis on leaving no one behind in humanitarian action, disability inclusion in emergencies. 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 economic, social, and cultural rights. We are looking forward to an open and constructive dialogue. Thank you.

CESCRChair

Thank you, Your Excellency. I will now give the floor to Ms. Jeong Lee to pose her questions under Cluster 1, and there are 15 minutes, and of course, to keep track of time, you can see it on the screen as well. You have the floor, madam.

CESCRCountry Rapporteur; Cluster 1 Lead

Thank you, Chairperson. I warmly welcome the head of delegation, His Excellency Ambassador, and the members of the distinguished delegation of Austria. We are grateful to the State Party for its fifth periodic report and for joining us today and tomorrow for this dialogue. We have read the report carefully. together with information received from civil society and other stakeholders. We also note that Human Rights Committee reviewed Austria only a few weeks ago, and we are mindful of that dialogue. We look forward to a constructive and open exchange. As country rapporteur, I will address seven cross-cutting issues. My colleagues will then raise specific questions under article 62, 15. First, domestic application of the Covenant. The State Party stated that the Covenant is not directly applicable in Austria, but that the Covenant rights have mostly been implemented in domestic law. However, as the Austrian Ombudsman Board has observed, Because economic, social and cultural rights rest only on ordinary legislation and can be changed by a simple majority, the Committee is also concerned that victims of covenant rights lack access to effective remedies. Inconsistencies in protection among the lender is another source of concern. We would like to stress that while the organization of the state is a matter for the state party, The federal government remains responsible for ensuring that legislation and practice in the land are consistent with the Covenant. A. How does the State Party review the compatibility of domestic law with the Covenant, as mentioned in paragraph 70? Which body does this, and what have been the results since the Committee's last review? What measures has the State Party taken to give full legal effect to the Covenant and to ensure access to effective remedies, including judicial remedies? C, does the State Party intend to ratify the optional protocol to the Covenant as recommended by the Ombudsman Board? D, what training on the Covenant, including justiciability of economic, social, and cultural rights, do judges, prosecutors, and lawyers receive? E) How does the State Party ensure consistent protection across the nine Länder, bearing in mind that under Article 28, the Covenant extends to all parts of federal states? Second, National Human Rights Institution. The The Committee welcomes the A status accreditation of the Austrian Ombudsman Board in 2022. We note, however, that the Board's complaint mandate does not cover private providers of essential services, such as care and health services, and that Tyrol and Vorarlberg maintain their own land ombudsperson offices. A, where can people complain about essential services delivered by private or outsourced providers? How does the board coordinate with the land ombudspersons? B, will the National Action Plan on Human Rights foreseen in the 2025-2029 government program cover economic, social, and cultural rights and follow up to the committee's recommendations? And what role will be the Ombudsman Board play? Third, business and human rights. We appreciate the information on access to Austrian courts for victims of abuses committed abroad by business enterprises. However, the State Party stated that a national action plan on business and human rights is currently not envisaged. The national raw materials strategy contains a few safeguards for the human rights of affected communities abroad. The maximum administrative fine for due diligence duties on conflict minerals is only about 2,000 euros. The national contact point for the OECD guidelines has dealt with very few cases in about two decades. Furthermore, investor-state dispute settlement, including under the Energy Charter Treaty, may restrict the capacity of the States to adopt climate, environmental, and social measures required under the Covenant. A. Will the State Party reconsider adopting a national action plan on business and human rights? in transposing the EU's Corporate Sustainability Due Diligence Directive, will the State Party provide for civil liability and access to remedy for persons affected abroad, cover companies below the new thresholds, and explicitly include the economic, social, and cultural rights? C, will human rights due diligence be integrated into the raw materials strategy? And will penalties under the Mineral Resources Act made this? D, how will the independence staffing and capacity of the national contact point be strengthened? E, how does the state party ensure that its investment agreements preserve the state party's own capacity and that of other states to adopt climate, environmental, and social measures? Fourth, climate change and environmental protection. We appreciate the State Parties' commitment to climate neutrality by 2040, but we are concerned that current policy does not put it on track. Emissions rose in 2025. Climate harmful subsidies remain, such as the lower tax on diesel and the commuter allowance. While the climate bonus, which returned carbon pricing revenue to households and benefited low-income households most, was abolished. While we welcome progress towards adopting a new Climate Act, we note that the draft leaves key measures to a climate roadmap due only at the end of 2027. The draft treats emission reduction targets as non-binding and open to change in serious economic disruption. It creates no enforceable rights or remedies for people affected by inadequate climate action. We are also concerned about the growing impact of climate change on persons in vulnerable situations in Austria and beyond. A, when will the Climate Act and the first climate roadmap be adopted, and what sector-specific measures are planned, in particular for transport? B, how will the emission reduction targets be made binding and enforceable? C, how will fossil fuel subsidies be phased out while protecting low-income households from rising energy and carbon costs? Was the distribution impact assessed before the climate bonus was abolished? D, how can individuals, including children and public interest organizations, challenge inadequate climate action or failure to act before the courts? E, How is the effectiveness of the adaptation strategy and the 2026 National Heat Protection Plan in protecting persons in vulnerable situations, including from floods monitored? F, how much does Austria contribute to international climate finance for developing countries, and how will this change in the coming years? What share goes to adaptation, and what share is given as grants rather than loans? Sustainable use of natural resources. We welcome the high share of renewable electricity, leadership in organic farming, and circular economy strategy. However, Land take and soil sealing continue to contribute to biodiversity loss, urban heat, and heightened flood risk. Furthermore, coordination gaps between the federal government, the land, and the municipalities, as well as fiscal and zoning incentives, continue to encourage urban sprawl. A, what measures are planned to curb land take and soil selling and to close these coordination gaps? Fifth, maximum available resources. We acknowledge Austria's long-standing welfare system, which has been a backbone of equality in the enjoyment of covenant rights. We are concerned, however, that the fiscal consolidation since 2025 relies heavily on spending reductions affecting covenant rights, in particular in social protection, social service, and education. Funding for public universities for 2028-2030, for example, has been set below the previous period, even before inflation is taken into account. Meanwhile, poverty and social exclusion rose sharply in 2025, and one child in four is now at risk. We acknowledge the fiscal constraints and note that the revenue measures adopted include extending the top income tax rate and raising the levy on banks. However, the State Party has no tax on net wealth or inheritance, and reduced the corporate income tax rate from 25 to 23% in previous years, while wealth is highly concentrated, with the richest tenth of households holding just over half of net wealth. The Committee recalls that deliberately retrogressive measures must be fully justified by reference to the totality of the rights and the full use of the maximum available resources. They must be temporary, necessary, proportionate, and non-discriminatory, must be adopted only after all alternatives, including revenue measures, have been considered, and must never deprive anyone of the minimum essential levels of each right. A. Did the State Party assess the impact of the consolidation measures on covenant rights? and their distribution effects on low-income households, children, older women, persons with disabilities, and other persons in vulnerable situations before adopting them? B. How do these measures meet the criteria I have just mentioned? C. Has the State Party considered progressive revenue measures such as taxation of wealth and inheritance, reform of the outdated property tax, A review of the corporate tax cut and removal of environmentally harmful subsidies. D, what is the state party's position in the negotiation on a United Nations framework convention on international tax cooperation? Six, international assistance and cooperation. We welcome the three-year program on Austrian development policy 2025-2027 and the human rights policy adopted by the Austrian Development Bank in 2024. However, official development assistance fell from 0.35% to 0.33% of GNI between 2024 and 2025, and is forecast to decline further, despite the State Party's stated commitment to move towards 0.7%. Only a small share reaches the least developed countries. A. How is the planned decline in ODA consistent with the State Party's international responsibilities under Article 2, paragraph 1 of the Covenant? Does the State Party intend to increase the share of its assistance to the least developed countries? C, how is the Development Bank's human rights policy implemented and monitored? D, how does the State Party ensure that its other policies with effects abroad such as trade, investment, raw materials, and taxation, do not undermine economic, social, and cultural rights in other countries. As time is almost up, so I will stop here. And with your permission, dear Chair, I will continue with my remaining questions at the beginning of the second round. Thank you very much, Chair, for delegation in advance for its answers. Thank you.

CESCRChair

Thank you, Ms. Lee, for being mindful of the time, and I assure you, you will have the first opportunity to pose your balanced questions. We'll just take a two-minute pause for the distinguished delegation to organize their responses. I request that we stay in the room to the extent possible so that we don't need to regroup again, and we'll save time there. So two-minute pause, please. We resume our session, and I now request the distinguished delegation to kindly respond to the questions that were posed by our cluster leader and country rapporteur, Ms. Lee. You have the floor, madam.

AustriaHead of delegation

Thank you, Madam Chair. Thank you for your questions. I would like to start by answering the questions concerning the implementation of the Covenant. The Covenant has the status of a federal law in the Austrian legal order. As you mentioned, it is not directly applicable. However, most rights enshrined therein are essentially protected by national law already. the domestic authorities and courts thus primarily refer to national provisions implementing Covenant rights. In addition, the rights protected by Austrian law must be interpreted in light of public international law and thus also in light of the Covenant. We have several mechanisms in place to give full effect to the rights enshrined in the Covenant. First of all, all courts and administrative authorities must comply with constitutionally guaranteed fundamental social rights, and whenever it is applicable, the EU Charter of Fundamental Rights. The Austrian Constitutional Court assesses the compliance of laws, regulations, and administrative acts with constitutionally guaranteed fundamental social rights and has the power to repeal such acts should they infringe them. Also, federal constitutional law contains only a few fundamental social rights in the strict sense, such as, for example, property or education. The case law of the highest courts has, in particular on the basis of the principle of equality, derived entitlements to benefits that are in substance comparable to fundamental social rights. There is also a mechanism in place to systematically check the compatibility of draft legislation with human rights standards at an early stage in the drafting process. In addition, regulatory impact assessments separately examine matters such as social impacts and impacts on children and young people, gender equality, and the climate. There are also numerous low threshold specialized bodies which enforce and monitor the protection of covenant rights in Austria. These include, for example, the Equal Treatment Commission, the Ombud for Equal Treatment, the Ombudsman Boards for Children and Young People, Patients, Ombudspersons, and Residents Representatives, and the Austrian Monitoring Committee for the Implementation of the UN Convention on the Rights of Persons with Disabilities, as well as the Disability Ombudswomen. Moreover, the Austrian Ombudsman Board protects economic, social, and cultural rights within its statutory remit, including preventive monitoring of private institutions. Its services are available free of charge to everyone. The Lander have a constitutional duty to implement international treaties within their sphere of competence. The federation may take these measures instead, should the lender not do so. Further, the federal government may lodge a complaint before the constitutional court if it deems a legislative act by the lender to be unconstitutional, also meaning in case an international treaty was not implemented in a way it should have been. So there are also mechanisms in place in this regard. As regards your questions on the ombudsman board, and it's mandate on pertaining to economic, social, and cultural rights in the private sector. I already mentioned that they are protected within the statutory remit of the ombudsman boards. The Ombudsman Board and its commissions carry out preventive visits to places of deprivation of liberty and monitor facilities and programs for persons with disabilities. Private operation of a facility does not in itself exclude monitoring. These specific powers, however, do not amount to a general oversight of the activities of private businesses. Within its statutory remit, the Austrian Ombudsman Board thus provides an additional non-traditional avenue for protecting economic, social, and cultural rights, and such complements judicial protection. As regards your question on the optional protocol, I would like to give the floor to Ms. Grasser from the Federal Chancellery.

AustriaRepresentative, Federal Chancellery

Respect for economic, social and cultural human rights is a major concern for Austria. By ratifying the Covenant, the Revised European Social Charter and other international human rights conventions, Austria has committed itself to comprehensive human rights protection. There are numerous possibilities for individuals to file complaints or appeals at national and European level. The ratification of the Optional Protocol to the Covenant is still being examined, but is not envisaged for the time being. Austria attaches great importance to the respect for economic, social and cultural human rights. A high standard of economic, social and cultural rights is enshrined in Austrian law, enforceable in Austrian courts and legally protected. The Austrian Federal Government reaffirms its commitment to combating poverty and strengthening the right to social security, despite budgetary consolidation that is currently necessary. The ratification of the Optional Protocol to the Covenant continues to be examined, in particular the decision practice of your Committee. For the time being, it is not envisaged to sign and ratify the Optional Protocol. Thank you.

AustriaHead of delegation

Thank you. I would like to add something to the Austrian Ombudsman Board. The oversight of land and municipal administration is exercised by regional ombudspersons in Tyrol and Vorarlberg. However, the preventive monitoring of the Ombudsman Board is nationwide. The Ombudsman Board also remains responsible for overseeing federal administration in both Länder. Both Länder have expressly entrusted the Ombudsman Board with preventive human rights monitoring under their constitutions. The AOB therefore acts as the national preventive mechanism throughout Austria, including Tyrol and Vorarlberg. Its Regional Commission I covers these two Länder. All its commissions follow monitoring priorities set by the AOB and report directly to it. Cooperation includes exchanges on current issues and the referral of complaints to the competent institution. In Tyrol, the Ombudsman Board also holds constitution days at the premises of the regional ombudsperson, whose office cooperates with Commission 1 on preventive monitoring. For judicial training, I would like to give the floor to Ms. Brois from the Ministry of Justice.

AustriaRepresentative, Federal Ministry of Justice

Yeah, good morning. Fundamental and human rights are an important part of judges and public prosecutors' basic and continuous training, and also form part of the final examinations before being appointed a judge or a prosecutor. As part of the initial training for judges and public prosecutors, a module on human and fundamental rights has been compulsory for every trainee judge and public prosecutor since 2008. For appointed judges and public prosecutors, continuous human and fundamental rights training is offered on an ongoing basis. Human rights are also part of specialist seminars, for instance, in the field of family and criminal law, and there are regular events on the rights pursuant to Article 2, 3, and 7 of the Covenant, such as equal treatment law, particularly raising awareness regarding the promotion of tolerance and the fight against racism, the dynamics of fundamental rights protection, Fundamental Rights Day, or a focus on anti-discrimination law, subjective perception, and legal assessment. In order to further raise awareness among all judges, public prosecutors, and trainee judges, in addition to this internal judicial training program, there is also the opportunity to participate in relevant training courses offered by foreign organizations. Regarding lawyers, I would like to premise this by pointing out that the legal profession in Austria is self-governed. Therefore, the framework for the education and training of future lawyers is likewise largely administered by the legal profession itself. The practical training of trainee lawyers is governed by the provisions of the Austrian Lawyers Code, as well as by the guidelines on the training of trainee lawyers issued by the Austrian Bar. Human rights education forms an integral part of this training. The applicable training requirements encompass Austrian constitutional law, European Union law, the European Convention on Human Rights, and other international human rights instruments relevant to legal practice. Trainee lawyers are expected to develop the ability to identify and apply human rights standards in judicial and administrative proceedings and to advise clients accordingly. Thank you.

AustriaHead of delegation

Thank you. Regarding the question on development aid and assistance, I would like to give the floor to Ms. Kalb from the Permanent Representation of Austria.

AustriaDeputy Permanent Representative

Thank you so much. Good morning, everyone. On your questions concerning our international cooperation and development assistance, of course, Austria's commitment to the target of 0.7% of gross national income remains unchanged and is explicitly reaffirmed in our government program for 2025 to 2029. Austria's official development assistance has fluctuated. It was about 1.1 billion in 2019, 1.81 billion in 2023, and in 2025 it amounted to 1.63 billion euros, as you mentioned, equivalent to 0.32% of our GNI. Against the backdrop of budgetary constraints, our focus is maintaining effective development cooperation through clear priorities, particularly on poverty reduction, human rights, democratic governance, and support for vulnerable populations. For example, as of mid-2026, the Austrian Development Agency was supporting 80 human rights-related projects worth approximately 96 million euros, including projects focusing on children, persons with disabilities, and human rights defenders. Our objective remains to progress towards the 0.7% target while ensuring that available resources deliver tangible results. Your second question related to least developed countries, and they are a central priority of Austrian Development Cooperation. Under the Austrian Development Cooperation Act, poverty reduction is a primary objective, as I mentioned, making engagement with LDCs an essential part of our development policy. This cooperation focuses on poverty reduction, on strengthening local institutions, on supporting vulnerable populations and on improving opportunities for sustainable development. At the same time, Austria maintains its long-standing partnerships with the Western Balkans and Eastern Neighborhood regions. In these middle-income countries, we rely on instruments beyond traditional grant-based assistance, including concessional loans, technology transfer, and institutional partnerships. Through this differentiated approach, we can address the specific needs of LDCs while also maintaining our established partnerships in neighboring regions. Your third question related to the Development Bank's policies. The bank implements its human rights policy through a structured due diligence process covering environmental, social, and human rights risks. So before approving any financing, the Bank assesses potential risks in accordance with the IFC Performance Standards, which are complemented by the UN Guiding Principles on Business and Human Rights. Where risks are identified, the Austrian Development Bank agrees on specific mitigation measures with its clients, which can become binding conditions under the financing agreement. And subsequently, compliance is then monitored throughout project implementation. So through these procedures, we ensure that human rights risks are addressed both before financing decisions and during project implementation. The bank also operates a grievance mechanism through which affected individuals or communities can report suspected human rights violations. And finally, regarding your questions on other policies, Austria does address potential adverse human rights impacts of investments abroad through a combination of due diligence requirements, international standards, and grievance mechanisms. First, Austrian companies are encouraged to comply with the OECD guidelines for multinational enterprises, which cover human rights, labor standards, and environmental protection. The Austrian national contact point also provides a non-judicial mechanism for complaints. Second, Austria is preparing the transposition of the EU Corporate Sustainability Due Diligence Directive by July 2028. Third, publicly supported investments through the Austrian Development Bank undergo, as I said, environmental, social, and human rights risks assessments. I thank you.

AustriaHead of delegation

Thank you. As regards your questions on the National Action Plan on Business and Human Rights is currently not envisaged to adopt such a plan. As regards the raw mineral strategy, I would like to give the floor to Ms. Krasser from the Federal Chancery.

AustriaRepresentative, Federal Chancellery

As a member of the European Union, Austria is bound by EU law. Consequently, any extension of the scope of the Conflict Minerals Act with regard to the type and number of minerals would require an amendment to the Conflict Minerals Regulation. With regard to the level of penalties for breaches of the relevant provision, Austria is bound by administrative criminal law. The EU Conflict Minerals Regulation is currently undergoing a review. Discussions are taking place regarding both the extension of its scope and the introduction of uniform penalty provisions across the EU. Should these discussions lead to an amendment to the regulation, Austria is obliged to implement it. Thank you.

AustriaHead of delegation

We will now turn to your questions regarding climate protection. And I would like to pass to give the floor to Ms. Putz from the Ministry of Labour.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

First, to give the committee some information on the new heat protection regulation, which has been in effect since 1st of January 2026. The heat protection regulation covers the identification and assessment of risks. and establishment of appropriate measures for protection against heat and UV radiation, as well as emergency procedures. The mandatory implementation of measures for protection against heat and UV radiation when Geosphere Austria issues level two of a heat warning. The mandatory fitting of crane cabins and self-propelled work equipment with cooling or air conditioning systems subject to transition periods. When determining and assessing heat stress in the workplace, it is important to take employees acclimatization into account. The new heat protection regulation applies to outdoor work at workplaces on building sites and at off-site work locations where employees are or may be exposed to heat or natural UV radiation. Employers were already required to take health risks associated with working outdoors in hot conditions into account during workplace assessments. However, the new regulation now specifically sets out which risks employers must consider and what measures must be put in place. This concerns not only the weather itself, but also the impact of the physical demands of the work, workwear, and the protection of workers at particular risk. Thank you.

AustriaHead of delegation

As regards to Austria's strategy for adaptation to climate change, the third version of that strategy was adopted in 2024 and includes 120 specific recommendations for actions across more than 14 activity areas and takes social aspects into account, such as the consideration of vulnerable groups. These individuals are often particularly at risk from heat waves due to various factors, including economic reasons such as lower income, social isolation, reduced sense of thirst, and chronic pre-existing conditions. I would now like to pass on the floor to Ms. Grasa regarding the question on reduction of resource consumption.

AustriaRepresentative, Federal Chancellery

We know that the rollout of transformative technologies will lead to a significant increase in the demand for and consequently the use of certain raw materials, such as copper. Unspecified targets for reducing resource consumption set in absolute terms run counter to the achievements of climate neutrality goals and are therefore rejected from a technical perspective. Thank you.

AustriaHead of delegation

I would now like give the floor to Mr. Benesch from the Ministry of Education.

AustriaRepresentative, Federal Ministry of Education

Just wanted to mention at this point that Austria right now is in the process of enlargement, enhancement of structures in regard to language training, additional measures for the support of the integration of new pupils coming to Austria. Austria is right now also in a process of hiring more social workers working in Austrian schools. We are in a process of hiring additional staff in the field of psychology. Uh, we have started this year with the beginning of this school year, an additional program aiming at, uh, schools with many children who are in a, this privileged, uh, situation. And I also wanted to stress that since the year 2022 and 2023, Austria has started a program to provide all pupils beginning with the fifth grade of school with computers, with laptops, with additional technical staff. So I just wanted to respond at this point to the concern that resources in the field of education will be reduced. Thank you. Regarding universities, it is the situation that in the year 2024, a high increase of the budget has been agreed. We have agreed on an additional law regarding the permanent subsidizing of research institutions in Austria, something that also universities are profiting from. And despite budgetary restraints that exist right now, Austria is committed to not increase any kind of university fees at this moment. Thank you.

AustriaHead of delegation

As regards Austria's planned climate act, Austria's government program identifies the creation of a new climate act as a central element of its climate policy. The Climate Act establishes the regulatory framework for targets, governance, and instruments aimed at achieving climate goals and climate neutrality, climate change adaptation, and the circular economy. Under the Climate Act, responsibilities and procedures are clearly and transparently defined. A climate roadmap anchored in the law will contain indicative reduction pathways and corresponding measures for each sector. Specific implementation responsibilities and a time frame for implementation will be defined for each measure in the climate roadmap. Relevant stakeholders, including parliamentary parties, The lender, municipalities, social partners, interest groups, and environmental organizations will be broadly involved in the development of plans and strategies. I would. Okay. I would now like to give the floor to Ms. Austdaler from the Ministry of Social Affairs.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Colleagues, I have one point on the energy poverty issue. Namely, the Wohnschirm. The Wohnschirm is the Austrian Ministry of Social Affairs comprehensive program to prevent and end homelessness. It supports households at risk of losing their homes by preventing evictions and energy cut-offs, while Housing First provides affordable housing combined with social work support to help people end homelessness. The program is a complementary housing assistance and support in the lender. The Wunschem energy supports households that are affected by or at risk of an energy cutoff due to unpaid energy bills. It can provide financial support to cover energy arrears and prevent the interruption of energy supply. Regarding the poverty and inequality numbers. The Austrian government fully commits to poverty eradication. The trend in the number of people at risk of poverty and social exclusion has been rising during the years of the COVID-19 pandemic, fell in 2024, and has risen again in 2025 to 18.6%, despite a significant increase in the median household income. Regarding income inequality, the Gini coefficient of the available equivalized disposable income in Austria has been rising since 2021 to 28.4% in 2024. Population groups mostly affected are long-term unemployed, single parents, persons without the Austrian citizenship, families with at least three children, and persons with a compulsory school certificate as highest education. children and women over 65 years. Regarding the measures, because you mentioned especially child poverty, child poverty shall be halved from 22% in 2020 to 11% in 2030, in accordance with the National Action Plan for the implementation of the European Child Guarantee. In absolute numbers, this means a reduction from 353,000 children to 176,500 children at risk of poverty or social exclusion.

AustriaHead of delegation

Thank you. Austria recognizes that despite the necessary austerity measures, it must allocate the necessary resources to fulfill its human rights obligations, with particular regard to the rights of people in vulnerable situations and the general principle of non-discrimination. Regarding international climate financing, Austria is bound by the UNFCCC and the Paris Agreement to provide financial resources to support countries in the Global South in their fight against climate change. The government program affirms Austria's commitment to continue its appropriate participation in international climate financing. Austria will fulfill its contractual obligations through multilateral means, for example, through contributions to the Green Climate Fund, and also through bilateral projects. Thank you.

CESCRChair

Thank you, Your Excellency, for your initial responses. The floor is now open for follow-up questions, and we'll start with giving the floor to Ms. Joo Young Lee. Ma'am, you have the floor.

CESCRCountry Rapporteur; Cluster 1 Lead

Thank you, Chairperson. I thank the delegation for its helpful replies to my questions. Understanding that time was limited, I would be grateful if the delegation could return to some of the points not yet addressed. And now I would like to address the issues of non-discrimination and equality, which I was not able to address earlier. The Committee is concerned that protection against discrimination remains fragmented. Outside employment, federal law protects only ethnic origin, gender, and disability. Discrimination based on religion or belief, age, or sexual orientation is not prohibited in the area of housing, healthcare, education, social protection, and goods and services. We take note of the information provided by the State Party to the Human Rights Committee on protection against the discrimination on more than one ground. However, such protection may be limited when one of the grounds involved is not covered in a given area. For example, a person discriminated against on both sex and religion in access to services cannot obtain full protection. The State Party's report states that harmonization is difficult because of the federal structure. But equal protection does not require a single law or a single body. We are also concerned at reports of high levels of racism and structural discrimination in education, employment, and housing, documented by the Special Rapporteur on contemporary forms of racism, who visited Austria in December 2025. We recall that the Covenant rights apply to everyone, including non-nationals, refugees, and asylum seekers, and that differences in treatment based on nationality or residence status must be reasonable and proportionate. A, what steps will the State Party take to ensure equal protection on all grounds, uh, including religion or belief, age, sexual orientation, gender identity, and nationality in all areas covered by the Covenant in both federal and land legislation? B, what is the status of the National Action Plan against racism and discrimination announced in the State Party's report in paragraph 77? And how will it address the structural racism in education, employment, and housing? C, does the State Party collect data disaggregated by sex, age, disability, nationality, ethnic origin, and other relevant grounds with respect for privacy and self-identification to assess the situation of Roma persons with disabilities, migrant, and other groups in vulnerable situations. Thank you. I look forward to a constructive dialogue. I thank you again, the delegation, in advance for its answers.

CESCRChair

The floor is open for additional questions, should there be any. Otherwise, we will request the delegation to respond. I see no other requests for the floor at this stage. So, Your Excellency, you have the floor.

AustriaHead of delegation

Thank you for your additional questions. First, I would like to answer your question on data collection. Austria is committed to continuously improving the availability of data on national minorities, and it is therefore currently participating in the Council of Europe's working group GDADIMIN. which aims to develop new strategies and approaches to data collection in states where, such as in Austria, the principle of freedom of declaration of affiliation to an ethnic minority applies. In the area of Roma inclusion, an evaluation study of the National Roma Strategy conducted in 2022 generated representative data on the situation of Roma in Austria and led to the establishment of an unprecedented nationwide network of Roma in Austria. While the study showed that significant progress could already be achieved in the improvement of the situation of Roma, It also outlined the further need of combating anti-Semitism and the root cause of persisting disadvantages of Roma in several thematic areas, as well as their access to general services. Since 2017, an annual integration monitoring is obligatory. Data collected nationwide regarding asylum and residence, school and adult education, social benefits, labor markets, German courses, values and orientation courses, and science is evaluated and included into the annual report of the Advisory Committee on Integration. Each year, the Integration Advisory Board ministries, lenders, social partners, the Austrian Integration Fund, NGOs, and the UNHCR provides anonymized data for the previous year, which is discussed at its first meeting of the year. The Independent Expert Council for Integration bases its integration reports and recommendations on this data. The statistical yearbook, migration and Integration 2026, was presented on September 11 this year. The monitoring covers persons without Austrian citizenship by nationality, sex, and residence status. Ethnic origin is not recorded, as it is a special category of personal data under data protection law. An Integration Obligations Act with a mandatory integration program from day one is currently being prepared. The entry into force is planned for 1st of January 2027. I would now like to give the floor to Ms. Grasser from the Federal Chancellery.

AustriaRepresentative, Federal Chancellery

Regarding national contact points, since 2020, there have been two-year projects for the promotional activities, an important mandate of the Austrian NCP, and a new project guarantees the promotional activities until 2028. This amounts to approximately 50,000 euros per year solely for the promotion of the OECD guidelines. Regarding human resources, we are continuously striving to improve them. There is currently one full-time position at the Austrian NCP, which is supported by additional personnel of the ministry if needed. The OECD peer review report dated June 10th, 2026, contains corresponding recommendations to equip the Austrian NCP with sufficient financial and human resources. However, this must be done in light of the current budgetary situation. The implementation of the recommendations from the peer review report will take place in a structured manner in 2027. Thank you.

AustriaHead of delegation

I now would like to give the floor to Mr. Heisenberger from the Ministry of Health.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

For giving me the floor. Dear Madam Chair and distinguished members of the committee, Madam Lee, I want to stress out that the Austrian statutory health insurance does not differentiate in terms of gender, nationality, or other criteria. The statutory social insurance system is primarily based on employment above the marginal earnings threshold or receiving an Austrian cash benefit that qualifies one for health insurance coverage. All residents of Austria who are covered by the statutory health insurance are granted medical care on equal basis. Moreover, I want to stress out that social health insurance guarantees the same health insurance benefits to people with and without disabilities in the event of illness. Thank you very much.

AustriaHead of delegation

I would like to give the floor to Mr. Benesch from the Ministry of Education.

AustriaRepresentative, Federal Ministry of Education

Regarding the issue of discrimination and racism, and the risk in Austrian schools, I just wanted to emphasize that since autumn 2024, all Austrian schools are legally binding, obliged to have children protection concepts, which means that every school in Austria has to analyze on a regional level whether there are risks of violence, misuse, but also issues like racism, discrimination, and what the school there can do to prevent these kind of developments. That's legally binding. And we are now in the process of evaluating these kind of measures, and we are committed to strengthen this kind of concept and this approach. The other thing I just wanted to mention is that Austria also started four years ago a big workshop program. which is aiming at awareness regarding forms of discrimination, racism, antisemitism, for instance. This program has been also from the budgetarian point of view enlarged, and it will be continued within the next years. And all the feedback we got is very positive. Thank you.

AustriaHead of delegation

I now would like to give the floor to Mr. Switek from the Ministry of Social Affairs.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Thank you, Madam Chair, distinguished members of the Committee, Ms. Lee. Since 2023, the National Statistical Office has been implementing the so-called BETA-Stat project, which is the Behinderungs- und Teilhabestatistik on behalf of the Ministry of Social Affairs, which aims to develop regular statistics on disability and participation. The annual statistical reports break down available data by different demographic factors, enabling conclusions to be drawn about the realities of life for people with disabilities. For example, in the areas of education, the labor market, and housing. And this pilot project was rolled out as a permanent scheme in 2025. And for the first time, the systematic collection and cross-referencing of available data on people with disabilities was made possible. The regular analysis of survey and register data is intended to enable effective political measures in the area of disability and participation. Thank you.

AustriaHead of delegation

I now would like to give the floor to Mr. Kindl from the Ministry of Labour.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Gentlemen, dear Ms. Lee, you mentioned that different treatment must be reasonable regarding labour market access to groups with different residence titles. Regarding asylum seekers, the labor market access has been improved significantly in Austria. Employers can obtain an employment permit for applicants for international protection three months after their registration in Austria. An employment permit may be granted across all sectors and for all occupational groups. However, before issuing a permit, The public employment service verifies whether there are domestic workers or foreign nationals who are already well integrated and are willing and able to take up the offered employment, which basically is a labor market test. By providing access to the labor market as early as three months after registration, Austria certainly fulfills the obligation set out in the reception directive of the EU. which mandates labor market access no later than six months after registration. The validity period of the employment permit is limited, as is the case for other third country nationals without unrestricted access to the labor market. It is explicitly stipulated by law that the employment permit may not be revoked in the event of a negative asylum decision at first instance. I may also add something pertaining Roma empowering and Roma in the labour market. In 2020, Austria adopted a directive specifically aimed at empowering Roma for and at the labour market. The initiative funds 10 projects and remains in effect until 2030. The directive pursues a dual equality approach: at least 50% of project leaders must be Roma, and at least 50% of participants must be women. This concept combats intersectional forms of discrimination while ensuring an inclusive framework. The project proved successful at further integrating Roma into the workforce, as shown through the accompanying evaluation published in 2022. For example, the EMRO project led to 202 qualifications and job placements, thereby roughly doubling its targets. Also, the Opre Romnia project led to 77 participants able to find employment through the project. Here, the number of people starting work was almost three times as high as the desired target. Further projects linked to the EU Roma strategy also showed results. A preliminary analysis of the final reports for projects under the first call for proposals found that 4,040 participants across eight projects received counselling, further training and information about the labour market. Women made-up the majority of participants. Thank you.

AustriaHead of delegation

I would now like to give the floor to Ms. Butz, also from the Ministry of Labour.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Thank you very much. I would like to give some information on the steps taken to ensure equal protection on all grounds in the anti-discrimination legislation. So the Equal Treatment Act for the private sector currently differentiates between the grounds for discrimination outside the workplace, between gender and ethnic origin on the one hand, and age, sexual orientation, and religion or belief on the other. Discrimination on the grounds of ethnicity is prohibited in access to goods and services, social protection, social benefits, and education. Discrimination on the grounds of gender is prohibited in access to goods and services. The material scope of the other grounds for discrimination currently extends only to the workplace. The Austrian legal situation is based on EU law in this regard. Although practical experience and international recommendations indicate a need for action, efforts to date have ultimately failed at the political level. The most significant argument against extending protection against discrimination is the interference with private autonomy. However, from the perspective of the Ministry of Labour, it is important to enshrine protection against discrimination on grounds of age, sexual orientation, religion and belief, and disability at EU level beyond the sphere of employment. It will therefore continue to advocate for the extension of protection against discrimination at national and EU level. In any case, further developments regarding the proposal for an anti-discrimination directive of the EU should be monitored in this regard. also currently implementing the EU directives on standards for equal treatment bodies, which contain provisions on improving access to justice and cooperation. The implementation of these directives is expected to further facilitate access to the competent authorities. Improvements in These areas are also to be expected as a result of ensuring uniform standards with regard to equipment and competences at equal treatment bodies. I would also like to add that the term ethnic origin in the Equal Treatment Act is to be interpreted broadly and encompasses, in particular, characteristics such as skin color, descent, national origin, language, religion, and culture. The decisive factor is not biological kinship, but whether a person is perceived by the majority as foreign or not belonging on the basis of such characteristics. Regarding gender identity, I would also like to mention that gender identity falls under the term "gender" in the Equal Treatment Act. Thank you.

AustriaHead of delegation

Next, I would like to give the floor to Ms. Grasser from the Federal Chancellery.

AustriaRepresentative, Federal Chancellery

Regarding a wealth or inheritance tax, a wealth or inheritance tax is not part of the coalition agreement and there are currently no concrete plans to introduce one. Minister Matabauer, however, is keen to promote an objective and fact-based debate on the issue. Thank you.

AustriaHead of delegation

As regards land consumption, I would like to mention that the system developed under the Austrian Land Strategy by the Austrian Conference on Spatial Planning comprehensively and accurately captures land use and sealing across the country for the first time. Current evaluations from 2022 to 2025 show that in Austria, land consumption has decreased to approximately 6.5 hectares per day. Um, as regards the, uh, implementation of the directive on corporate sustainability due diligence, I would like to mention that the directive also foresees civil liability. And as regards your question regarding a national action plan on racism, I would like to recall that Austria took note of recommendations concerning the elaboration of such a plan in the UPR process this January. Even though we do not have a national action plan, we are nevertheless clearly committed to combating all forms of racism and discrimination. anti-discrimination and the fight against radical movement are included in the current government program. Numerous measures have been taken to combat hate speech and hate crime, and Austria is currently also working on a national action plan against hate crimes. And for more details, I would like to give the floor to Ms. Preuss from the Ministry of Justice.

AustriaRepresentative, Federal Ministry of Justice

As mentioned by our head of delegation, work on a national action plan against hate crime is ongoing. It has started in early 2026 with an aim to halt and preventively counter the increase in bias-motivated crimes. It will address the following focus areas: improving data collection, inclusion of hate crimes in judicial conviction statistics, and presentation of an annual hate crime report to Parliament; sensitization and training of public officials, in particular police, justice, and health care professionals; conducting scientific studies and creating target group-specific measures; A comprehensive evaluation of the existing legal framework regarding its actual effectiveness in combating hate crime and hate speech, particularly in the digital sphere. Further development and strengthening of reporting offices and victim protection services in terms of low threshold accessibility and public awareness, as well as institutionalized coordination and trust building with civil society initiatives. In addition, a national action plan against right-wing extremism is currently being drafted and expected to be completed in the winter of 2026-2027. Its goal is to effectively counter the right-wing extremist and right-wing terrorist developments and to strengthen society's resilience in the long term. The contributions to the National Action Plan were developed by three working groups focusing on different topics: education, promotion of democracy, media competence and social resilience; prevention and early recognition; and law enforcement and resocialization. They are currently being evaluated by a scientific advisory board and will then be submitted to the political decision-making level. Thank you.

AustriaHead of delegation

I would like to give the floor to Mr. Benisch from the Ministry of Education.

AustriaRepresentative, Federal Ministry of Education

Regarding the points you've made, I just wanted to mention that issues of, uh, resistant discrimination and, um, are also addressed within our curricula, which have been newly developed over the last, uh, five to six years. Especially, I want to mention the subject history and political education, which is an integral part of our system of education right now. And we are also now in a process of further development of this kind of content to make sure that what you have addressed is properly taught within our schools.

AustriaHead of delegation

Eventually, I would like to mention that Austria is currently undergoing a budget consolidations, and as regards environment and the climate sector, we would like to emphasize that both sectors nevertheless remain a significant concern for the federal government. Measures and funding will be designed as effectively as possible in these two sectors. Thank you very much.

CESCRChair

Thank you, Your Excellency. If you have no other responses at this stage, of course, you're most welcome to revisit afterwards because you will have time tomorrow as well. We can then go on to cluster two. And I will request our cluster leader, Ms. Laura Elisa Perez, to kindly pose her questions under Cluster 2. Ten minutes, madam. You have the floor.

CESCRCommittee Member; Cluster 2 Lead

Thank you very much indeed, Madam Chair. Just waiting for everyone to be able to find the right channel for the English interpretation, which will be on channel 2 if anyone wants to help each other. and thank you kindly for bearing me as I speak Spanish. So, as I was saying, good morning to you all, members of the Austrian delegation. I am delighted to be here and see you with us. I'm thankful for the answers you've been kind enough to provide to us so far this morning, so thank you to you all. The Committee has taken due note of the answers as well as the information provided by the State in its 2024 fifth report. The Committee is also grateful for and has taken into account the updated data contained in your common core document dated January 2026. I will call it the CCD. So, first of all, cluster two, which includes articles six, seven, eight, and nine of the CESC, the International Covenant on Economic, Social, and Cultural Rights. So, article six, first, the right to work. The Committee takes into consideration the fact that almost three quarters of the labour force in Austria is employed, and almost 80% of the labour force is an employee or employees. So whilst the Committee considers that, in particular, despite that, the Committee is concerned about the fact that adolescents and young people I still don't have it in LAF jobs. Now, according to the CCD, the Comcore document, the unemployment rate of young people aged between 15 and 24, their unemployment rate was around 10.3% in 2024, which is almost double the average rate. that is, for people aged 15 to 64, not 15 to 24, and that average for 15 to 64 was 5.2%. Now, if you take into account the proportion of young people who are neither in employment or education or training, whose data is available on the SDG web page of the United Nations. Now, this rate of young people was 13.26% of those young people in that age range. Now, that was a 2024 figure, but it was the highest figure registered in Austria since the year 2000. And that figure is two percentage points above the European average. for that rate. Now, having analysed the information contained in the fifth report about measures adopted up until 2022 to reduce unemployment amongst the young, and considering that the situation no longer exists, not only exists today still, but rather it is increasing and getting worse, the Committee would like to ask the following questions: What additional measures is Austria implementing for adolescents aged between 15 and 18? Could you also tell us if Austria has established specific measures for adolescent women, given that we have heard that adolescent women face horizontal segregation, that is gender-based discrimination? Number two, what specific measures have you taken beyond measures taken within the school system for young adults aged between 18 and 24? And number three, could you kindly provide data pertaining to the budget allocation set aside to fund those measures that I was just referring to over the last five years? We've taken note of the recent review of Austria by the Human Rights Committee, that's on ICCPR, on the wage gaps in the labor market. We'd like to talk about some of these and ask you for specific data on that. Now, according to the information you provided, in 2024, 31% of workers were not employed full-time, but if you look at the gender broken down data, that gap is greater than 30 points. 57% of men said they had full time, but only 51% of women who could work actually were employed full time. So there's a 30 point difference between those two. Now, despite the strategies you've told us about on the gender perspective and promotion of the rights of women, we would like more information to identify measures that could be more effective. Have you adopted any measures to remedy this situation? And in particular, could you tell us the following: number one, how many women have benefited from and what budget have you set aside over the last five years, when I say you, i mean the Austrian employment, public employment service, to combat horizontal segregation or gender-based discrimination? Number two, What does the Federal Commission for Equality of Treatment use in terms of indicators to assess gender equality in the workplace, and what has the trend been in the last five years? And number three, how have things changed over time in terms of the general budget set aside for gender issues over the last five years, broken down by sector, please? And in terms of the percentage of the GDP, what does this budget represent? Moving on now to Article 7, equitable and fair working conditions, or the right to equitable and fair working conditions. May I first talk about the income gap between men and women and the situation of the right to care. Now, according to Eurostat in 2023, Austrian women earned 18.3% less than men, whereas the average gap EU-wide was only 12% as opposed to 18%. Furthermore, according to a survey carried out by Austria in 2022, the time spent daily to household chores and family care was 3.6 hours for women, whereas for men it was 2.1 hours per day. So women set aside 71% more time than men on household chores and family care. Furthermore, according to civil society organisations, the unpaid care work represents up to 44% of the GDP. and women do 62% of that unremunerated work. In that context, could you ask you the following questions? Number one, in addition to the measures you told us about in your report on the campaigns to correct stereotypes and to promote the visibility of female work or work done by women, could you tell us if you have regulatory measures which identify report and penalise companies that pay men and women differently? Number two, could you tell us how the gender index has evolved over time in the last five years? You talk about it in paragraph 216 of your report. Number three, could you kindly provide figures about the total budget set aside for care programmes, specifically died for women? That's budget over the last five years. Number four, could you tell us what the coverage of child care has been in the last five years and do you intend to enlarge that coverage? Number five, to what extent, so you have a satellite account which calculates the contribution of unremunerated work. Now, Do you take into account the forecast of the satellite account to decide on what you set aside for your care programmes? Number six, do you have any community care programmes? What do you do to support them if you do have them? And number seven, your CCD tells us in 2011 you created a long-term care fund, and in 2024 you amended the law that regulates that fund in such a way that the resources have been rolled over for the period 2024 to 2028. Can you tell us about the trend in numbers of beneficiaries and budgetary amounts set aside during that period? Could you also tell us if you are planning to guarantee resources for the fund subsequent to 2028? Are you going to replenish it after that now? I have other questions, but given the time, I will postpone these other questions for the next round. Thank you.

CESCRChair

Thank you, Ms. Perez. Madam, would you like two minutes?

AustriaHead of delegation

Yes.

CESCRChair

Okay. So we'll just pause for two minutes to organize the work and then resume. Thank you. We will now resume our session, dear colleagues, and we pass on the floor to the delegation to kindly respond to the questions posed under cluster two. You have the floor, madam.

AustriaHead of delegation

Thank you. Thank you for your questions. I would like first give the floor to Mr. Benish from the Ministry of Education.

AustriaRepresentative, Federal Ministry of Education

Thank you very much, and thank you for your questions. Well, for making it possible that women can work full time, actually, you need to create some sort of structures, some framework, some institutions that can provide childcare in a proper way. First of all, in the field of preschool education, Austria has, together, the federal government, together with the regional governments, committed in 2022 up to the year 2027 to invest by about 1 billion euros additionally in the expansion of preschool education institutions, which means additional groups, which means additional personnel, also training of personnel, also addressing for instance, children with special needs, that they can be properly integrated and included into the preschool education system. And that's a process which is going on. Beside of that, the government has right now committed, the government has committed to continue with this process, but that's a process right now also on the political level and negotiations taking place, how this program will be continued. Regarding the field of schooling, the schooling system, we do have a program, an expansion of all-day day schools, which started in 2020, and up to this year by about, it's not the exact number, by more than 230 million euros have been invested additionally to create the structures within schools that all-day schooling, the combination of classical curriculum and care work can take place within schools, and the government as a whole has also committed to continue with this kind of program. So it's also work in progress. Thank you.

AustriaHead of delegation

Next, I give the floor to Mr. Kindl from the Ministry of Labor.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Thank you. Regarding the topic of unemployment of young persons, I would like to mention that according to Austria's national register-based unemployment rate, the yearly average unemployment rate of young people has been below the overall unemployment rate since 2016. The difference between youth and overall unemployment is tracked as a key performance indicator within Austria's federal performance monitoring framework, where annual target values are set and followed up on. application of the principle qualification before placement for young people without qualification beyond compulsory schooling provides a basis for sustainable long-term labour market integration of disadvantaged youth. In this context, the training guarantee and integral role providing young people with vocational training opportunities, including apprenticeships where no company-based apprenticeship could be found. Central offers like the super-company apprenticeship are monitored and continuously adapted to quantitative and qualitative needs, addressing individual barriers to labour market integration. In order to foster the labour market integration of disadvantaged youth, The PATH introduced youth colleges where participants, often with migrants or refugee backgrounds, receive basic skills training, career orientation, and socio-pedagogical support. Following an approach of early intervention, job information centers of the public employment service also form part of Austria's strategy of reducing youth unemployment, enabling young people, often while still in school, to learn about job opportunities as well as their interests and strengths, thereby facilitating transitions between education and the labor market. The introduction of the Compulsory Training Act in 2016, forms part of Austria's strategy to reduce youth unemployment as it aims at qualifying young people by requiring and supporting them to pursue education or training after completing compulsory schooling. For young people under the age of 18 who are subject to Austria's education and training obligation, Section 14-2 of the Compulsory Training Act, Ausbildungspflichtgesetz, provides for an individual guidance and support plan in specified cases and whenever necessary. Depending on the target group, the plan is drawn up by either the Austrian PASS or the Social Ministry Service and aims to ensure the young persons receive the best possible education and training. The plan considers whether school attendance or an apprenticeship can be resumed or started, or how the education and training obligation can otherwise be fulfilled. Depending on the individual circumstances, this may involve educational or training measures and, where appropriate, employment-related support or job placement. For persons over 18, Section 38c of the Austrian Labour Market Service Act requires the PAs to draw up an individual support plan for unemployed persons. The plan outlines the intended support and measures, taking into account the individual's personal circumstances, qualifications, and employment prospects. Depending on their needs, young adults may receive support through vocational guidance, training and qualification methods, and job placement. Particular attention is paid to the inclusion of young people with disabilities. In 2024, the Fit for Work until 25 initiative has replaced the compulsory incapacity assessments of people with disabilities under the age of 25, with a potential and strength-orientated approach, assisted by individual coaching, fostering the integration of these disadvantaged groups into the labour market. I may also present some measures of the lender in this regard. For example, Carinthia started the initiative Territorial Employment Pact, is a long-standing regional partnership that brings together public authorities employment services, social partners, and specialized organizations to promote inclusive and sustainable labor market participation through coordinated evidence-based measures. The TEP supports vulnerable and disadvantaged groups by improving access to the employment, education, and training, upskilling, and reskilling opportunities, while responding to regional labor market needs and skills demands. The TAPS activities are primarily aimed at the following target groups in particular: young people transitioning from education or training into employment, early school leavers and young people not in employment or education needs, young people with disabilities or health-related impairments up to the age of 25, or older workers and job seekers aged 50 and above. I don't know how the time stands. One project in Vorarlberg, Vorarlberg and the PES Vorarlberg agree annually on a program of employment policy measures, which focuses in particular on young people, individuals over the age of 50, and people facing special barriers to employment. In addition, Vorarlberg sets out measures with special emphasis on young people up to age of 25. As part of its active labour market policy, Vorarlberg and PES Vorarlberg agree annually on a programme of employment policy measures. The programme focuses in particular on young people, individuals over the age of 50, and people facing special barriers to employment. The goal is to facilitate the fastest possible and sustainable integration into work or training. Vorarlberg plays a special emphasis on young people up to the age of 25. Together with PACE, Vorarlberg is committed to the training and employment guarantee for young people. This guarantee ensures that every young person between the age of 15 and 25 who has been unemployed for more than three months receives a concrete job or training offer within the following three months. A future-orientated education and career prospects are the foundation that enables young people to fully realize their potential. Vorarlberg focuses in particular on the support and guidance measures that are not covered by the statutory mandate of the public employment service. These include, for example, low barrier employment projects for young people classified as needs, such as day labor programs. These initiatives provide a low barrier access to employment, enable young people to gain initial work experience and support them in gradually transitioning into vocational training or regular employment. Then I have something about gender pay gap and maybe.

AustriaHead of delegation

I think, if you don't mind, I would give the floor to Ms. Gerstmann from the Ministry of Women and Equality.

AustriaRepresentative, Federal Ministry for Women, Science and Research

Thank you very much, Madam Chair. Thank you for the extensive list of questions, Madam Perez. I can give the floor back to you later, I think. But what I would like to add immediately to the remarks of the colleague from the Labour Ministry is, because there was a question whether there are specific measures for adolescent women, since 2023, the PES introduced vocational centres specifically for young women, the young Frauenberufszentren in each region. And they are specialized on offering women between 15 and 25 individual career guidance and help with selection of training and further education. Also, what I can already add now is the budget from the public employment service for 2026 for the active labor market policy for women. It's a planned budget of 1.4 billion. for the active labour market budget for the other years, I might have to refer to the ministry again. For the next question was about the women's budget in general, if I understood correctly, for the last five years. So I can give you the numbers for the Ministry for Women and Equality since 2024. In 2024 and in 2025, it was each 33.6 million euros. In 2026, it was increased to 34.1 million. In 27, it will be raised again next year up to 55. 2 million and then raised again marginally to 55.3 million in 2028. So despite overall budget consolidation in Austria, we are not only saving the women's budget, but increasing it largely. I do not have the percentage of the GDP right now. Please bear with me. Then there was a question on the trends of, if I understood correctly, in the federal service. Maybe I didn't understand properly because of translation issues, but we understood it like if the Federal Equal Treatment Commission see the trend for gender equality. So I assume it refers to the Federal Equal Treatment Report that is published every two years, and it uses indicators to measure gender equality in the federal service. It measures women's proportion in the highest positions in all areas, well, according to if they are in administration, if they are teachers, if they are judges, or in other branches, and they also measure the executive positions, so to speak. So since 2000, and this report is published every two years, so we can see, and the latest report has just been published now, and it gives the figure for 2025, that there was in total 45% of women in the federal service, federal civil service, and in the and the highest positions, so in executive positions, it's increased again in comparison to the last report to 37.9% right now. So we see a steady increase of women in leadership position in the federal service, which is also due to the legal basis we have in place for this for a long time. Then I think I would give back to the labor market. Thank you.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Let me just add a few sentences.

AustriaRepresentative, Federal Ministry for Women, Science and Research

I think you have to.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Is it now working? Yeah, thank you. I'd like to add some sentences to the labor market measures specifically for women. Although, as you mentioned, we have made progress, the Austrian labor market is still divided between traditional occupations for men and women. Active labor market policies, especially for women, aim at reducing stereotypes and the horizontal segregation. In addition, the PES advises women on the long-term effects of part-time work and provides financial support for childcare that is compatible with labor market participation. The annual Boys' Day aims to inspire young men to pursue careers in care, education, and social work. It seeks to break down gender stereotypes and challenge traditional images of masculinity. Numerous measures also aim at increasing gender balance in STEM professions. To reduce the horizontal segregation in the labor market, the Public Employment Service offers gender-sensitive career guidance in women-specific vocational centers. The women's vocational centers provide a comprehensive range of advice and services throughout Austria for women interested in gaining qualifications. In addition to labor market counseling, The measure offers comprehensive counseling concerning social life, health, violence, and violence prevention. Information on support services is also provided in this context. PESS also commissions specific counseling centers for young women, offering individual skills assessments and career planning advice. Austria has played an international pioneering role with the initiative Boys Day, having been implemented nationwide since 2008. Boys and young men aged 12 to 25 can visit workplaces such as hospitals, kindergartens, and care facilities to gain first-hand insights into these professions and their daily work. Male role models working in these professions show young people what their work involves and provide unbiased information about different career options. Accompanying workshops explore questions of masculinity and gender-sensitive career orientation in greater depth. With the goal to encourage boys and young men to consider non-traditional career choices, the Boys' Day gives around 7,500 yearly participants the opportunity to experience occupations in the social economy and learn about caring masculinity. Initiatives such as Girls Day and Mint Challenge, Girls Challenge, aim to break down stereotypes and inspire girls and young women to explore science and technology, and in the long term encourage them to choose technical and scientific training programs, college majors, and careers. Thank you.

AustriaHead of delegation

Next, I give the floor to Mr. Switek from the Ministry of Social Affairs.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

To provide some answers to the question on long-term care, since 2022, comprehensive reform measures have been introduced in the long-term care sector in Austria with improvements for nursing staff, care recipients, and family caregivers. I will call long-term care now LTC. The strengthening of the LTC fund, together with the statutory establishment of the LTC governance board, the Pflegeentwicklungs-Kommission, as a political body, provides strengthening of and strategic oversight for the LTC sector. In Austria, more than 500,000 people are entitled to a care allowance. In the Austrian care sector provides care for around 96,000 residents in residential care homes and around 140,000 people through mobile services. In total, around 71,000 formal carers work in the LTC sector, such as in residential care homes, day centers, mobile services, whilst around 1 million people or informal carers support their relatives in need of care. At the moment, the public expenditure on LTC in Austria is at European average, with around 1.6% of the annual GDP. However, the average age of the population, as well as the demand for care, are forecasted to increase within the next years. There are additional resources for financing the LTC sector. As part of the negotiations for the fiscal equalization for the years 2024 until 2028, the LTC fund has been significantly increased to a total of 6 billion for the years 2024 to 2028. In line with the principle of mobile care before stationary care, additional funding of 95 million euros per year will be allocated to strengthen mobile care services for the years 2027 and 2028. Now some information to the LTC fund. The fund was established following the passing of the Care Fund Act in 2011. and is administrated by the Federal Minister for Social Affairs in agreement with the Federal Minister for Finance. The financial resources of the fund, two-thirds of which are financed by the federal government and one-third by the lender and municipalities, are granted for the purpose of securing, expanding, and developing the care and nursing services of the lender and municipalities in the area LTC for ongoing operations. Specifically, the financial resources may be used for the following services: mobile care and nursing services, inpatient care and nursing services, semi-inpatient daycare, short-term care in inpatient facilities, case and care management, alternative forms of living, and several hours of everyday support and respite services. As a result of the fiscal equalization process for the years 2024 until 28, The following services were additional anchored in the LTC Fund Act and have been enforced since 1st January 2024. The special purpose subsidy for salary increases, the special purpose subsidy for a monthly subsidy for education and training, the community nursing and accompanying quality assurance measures and innovative projects, as well digitalization measures. It is up to the Lander and municipalities to decide which of the above measures they wish to finance with the resources from the fund allocated to them, in accordance with the population key. Thank you.

AustriaHead of delegation

Next, I would like to give the floor to Mr. Wolf from the Federal Chancellery.

AustriaRepresentative, Federal Chancellery

Madam Chair, thank you, distinguished members of the Committee. I just wish to mention a few measures that are important for the reconciliation of work and family life. Reconciliation of work and family life also plays an important role in bringing equality of opportunity to the labor market, and the measures I want to mention today are the legal entitlement to a paternity month of fathers, the doubling of the family time bonus, which is a bonus received when mother and father more or less equally share the family time. And then there are a number of measures aimed at encouraging businesses, communities, universities, and schools to be certified as family-friendly. enterprises and organizations. I think those are also important to be pointed out. Thank you.

AustriaHead of delegation

Next, I would like to give the floor to Ms. Putz from the Ministry of Labor.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Thank you very much. Chair, distinguished members of this committee, regarding regulatory measures, Regarding the gender pay gap, I would like to point out that we are currently in the implementation process of the Pay Transparency Directive of the EU, which aims to strengthen pay transparency and enforcement of the equal pay principle. The implementation in the private sector through the Equal Treatment Act is currently being negotiated at a political level. The process involved relevant ministries and stakeholders, including the social partners. The implementation will be a significant step towards reducing the gender pay gap. The directive sets out minimum requirements for strengthening the principle of equal pay for equal work or work of equal value for men and women, as well as the prohibition of discrimination between men and women. It applies to both the public and the private sector. Regarding our current legal framework, I would like to mention that the Equal Treatment Act generally stipulates that no person may be subject to direct or indirect discrimination on the grounds of gender in the context of an employment relationship, in particular with regard to the determination of remuneration. Section 11 of the Equal Treatment Act contains provisions on the principle of equal pay for equal work or work of equal value. It further stipulates that company classification systems, works agreements, and collective agreements must comply with this principle and may not be based on criteria for evaluating the work of men and women that could result in discrimination. The Equal Treatment Act in its current version already contains measures aimed at relating to pay transparency. Section 9 of the Equal Treatment Act provides for the requirement of gender-neutral job advertisements. Accordingly, employers may not advertise a position exclusively for men or exclusively for women unless a particular gender constitutes an indispensable requirement for the performance of the position in question. In addition, job advertisements must specify the minimum remuneration applicable under statutory provisions or other norms of collective legal regulation and must indicate a willingness to pay above the minimum if such a willingness exists. Furthermore, under the applicable legal framework, employers with more than 150 employees are already required to prepare a remuneration report every two years. As part of the implementation of the Pay Transparency Directive, adjustments will be made. Where women and men are not paid equally for the same work or work of equal value, the affected employees are entitled to claim payment of the outstanding salary difference, generally retroactively, for up to three years. They also have the right to additional compensation for the personal harm suffered pursuant to the Austrian Equal Treatment Act. Thank you.

AustriaHead of delegation

Next, I would like to give the floor again to Ms. Gerstmann from the Ministry of Women and Equality.

AustriaRepresentative, Federal Ministry for Women, Science and Research

Thank you. Thank you very much. Just coming back to the time use survey data, and because we have heard some measures we set to support women's full participation in the labor market, as well as the more equal participation of men in the unpaid care work, the last time use survey clearly shows that women still have more unpaid work than men on average, but on the bright side, compared to the previous survey, the gap between the genders could be reduced by 30 minutes, which is already something worth of. And in the current government program, it is also already envisaged that Austria will participate also in the next time use survey, so we can continue this important data collection. Thank you.

AustriaHead of delegation

Thank you. I think that we are done by now with our answer. Thank you very much.

CESCRChair

Thank you, Your Excellency. The floor is now open for follow-up questions, and of course, you will have that opportunity to respond to questions if you feel you haven’t replied to at that stage. So I see already that Ms. Perez and Ms. Jiyoung Lee have requested for the floor. Ms. Perez, followed by Mr. Wen. Ms. Perez, you have the floor.

CESCRCommittee Member; Cluster 2 Lead

Thank you very much, Chair. I want to request some additional information. According to information that we've received as a committee vis-à-vis the situation and circumstances of domestic care workers, home care workers, we've been informed that more than 98% of this category of persons are migrants, more specifically migrant women from Eastern and Central Europe. They are often contracted via employment agencies, and so they are classified as being self-employed, which excludes them from labour protections, and also, of course, limits their possibility to engage in collective negotiation. Given the current and future relevance of these care jobs, has Austria considered enacting some form of normal standard that would protect this category of persons and ensure that their rights are upheld. We also have some questions about labour inspectorates. What sectors are most the target of labour inspections and how many businesses, as a percentage, are covered by labour inspection visits? I would also like to ask whether there are labour inspection visits to the agricultural sector to check in particular that seasonal migrant workers are not being subject to labour exploitation, given that many workers in this sector are seasonal migrants, in the agricultural sector, that is. People with lower levels of educational attainment, migrant persons, and older persons are often disproportionately affected by long-term unemployment. They make up the bulk of those who are long-term unemployed. So I'd like to ask What specific programmes you have for technology training, particularly use of information communication technologies, in order to plug the digital gap which these groups often suffer from? They don't have the same level of IT and technological skills. I would also like to ask you a question about steps that you have taken to ensure the future sustainability of budget lines for these programmes and these policies. Finally, a question on persons with disabilities, if I may. So, those persons with disability who are unable to enter the workforce, we know that they are able to work in centres with routine structures, but in such circumstances they are not seen as traditional workers receiving a traditional salary, so they fall outside the social security net. According to information we have about government programmes, those persons with disabilities working in such centres, such as protected workshops, receive a payment rather than a subsidy, which is better than those in other circumstances, but we do not know whether that has been fully followed up on as a measure. As we'd like to ask whether the State Party has taken steps to follow up on a previous recommendation by the Committee. that of ensuring that steps are taken by the State of Austria to guarantee that persons with disabilities can work on an equal footing and be remunerated in the same way as other workers. I'll leave it there for the time being. Thank you very much, Chair.

CESCRChair

Thank you, ma'am. Ms. Lee, followed by Mr. Winfur. Ms. Lee.

CESCRCountry Rapporteur; Cluster 1 Lead

Thank you, Chairperson. Before I ask a few follow-up questions under cluster 2, I would like to recall some questions under cluster 1 that have not yet been addressed. These include whether and how the emission reduction targets will be made binding and enforceable, how the State Party ensures that its investment agreements preserve the capacity of the State Party and other States to adopt environmental and social measures, and also the State Party's position in the negotiations on a UN framework convention on international tax cooperation. I look forward to the delegations' responses tomorrow. And so follow-up question under cluster two. We have heard from the delegation that asylum seekers may work three months after admission to the asylum procedure. However, they need a work permit that only the employers can request. That is subject to a labor market test and also ties them to one employer. According to information we have received, these conditions in practice tend to keep asylum seekers out of work and dependent on support, or move them into informal work, while those who are employed are vulnerable to exploitation. So would the State Party consider easing the labor market test and the link to a single employer so that asylum seekers can seek work on their own initiative. And cluster leader, Ms. Perez, already mentioned the seasonal agricultural workers, and they report underpayment, very long hours, and unsafe heat, while inspections rarely lead to penalties. What steps is the state party taking to strengthen labor inspection in agriculture across all land? And also, seasonal workers can report abuses and recover unpaid wages without fear of losing their job or residence permit. And cluster leader, and also we have questions on the right to social security, but that is very much linked with Article 10 and 11. So those questions will be addressed under cluster three. Thank you.

CESCRChair

Thank you, Ms. Lee, for this information. Mr. Winful.

CESCRCommittee Member

A warm welcome from my side also to the delegation of, uh, Austria. Um, I have, uh, one or two questions on social security, but I will put them in the cluster three then later. Uh, two questions concerning employment. Uh, the one is, we heard about this, um, domestic workers, rural workers, uh, how- what is your assessment about your informal sector in Austria? How much you can calculate this? If you take this together, these two sectors, and you add maybe construction workers, and, uh, you might add these food drivers and whatever, just to- to get an idea what- how big is that portion in your soci- economy, and what do you have as plans to maybe close loopholes which you have in order to regulate the sector, to get it formalized, yeah? And linked to this is also, this is a gray area where it goes to shadow economy, so maybe you can deliver a bit about how to deal with this and, uh, how to treat this. My second question is just about, uh, the special workplaces for people with handicaps. I know that they have no salaries really in, in Austria, and that there is an initiative in your country to think about how to get the I think that's what I read, and I would be interested, um, What is, uh, the process? I know that the CRPD committee in 2023 was already discussing this with you. Maybe you can give us an update, how is the- that portion and how difficult it is to get it solved at where you are? That would be very interesting, yeah? Thanks a lot.

CESCRChair

Thank you, Mr. Winful. If there are no other questions at this stage, then I will request, uh, honorable delegation to kindly respond. Thank you.

AustriaHead of delegation

Thank you for your follow-up questions. First, I would like to give the floor to Mr. Switek from the Ministry of Social Affairs.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

Thank you, and thank you for the follow-up questions. I would like, um, to pro- provide some answers on live-in care workers and the Home Care Act, and the challenge of the false classification of self-employment. So, applicability of the Home Care Act, the so-called Hausbetreuungsgesetz, to live-in care workers with inaccurate classification of self-employment is that the majority of live-in care workers are classified as self-employed. resulting in the labour and working hours provisions of the Home Care Act and the minimum wage rate for household employees not applying to them. However, whether a live-in care worker is an employee ultimately depends not on the designation of the contract, but on the existence of a relationship of personal dependence. This relationship of personal dependence is manifested through various characteristics. such as being subject to instructions, a personal obligation to work, a personal duty of loyalty, to name but a few. Whether a live-in care worker is ultimately falsely classified as a self-employed worker must always be assessed on a case-by-case basis. If it turns out that the live-in care worker is falsely classified as self-employed, The labor and working hours provisions of the Home Care Act in conjunction with the Domestic Workers Act and the Minimum Wage Act apply to the respective caregiver. Should I continue with the answer on employment for persons with disabilities? Improving inclusion of people with disabilities in the labor market is a key priority for the Austrian federal government. To support labour market inclusion, a broad range of funding instruments is provided, focusing on employment in the primary labour market. In addition, there are state-subsidised integrative enterprises. They offer employment and training opportunities for people with disabilities who cannot be placed in employment in the primary labour market. For people with high support needs, in occupational therapy facilities, which fall under the jurisdiction and responsibility of the lender. The federal government provides additional funding for inclusive work projects to help them secure employment covered by social security. All services and measures of labour market policy are available to people with disability, some of which have been specifically expanded, adapted, or supplemented for this group. Specially trained advisors in the public employment service assist people with disabilities by offering them suitable measures, by connecting them to organizations specialized in supporting them. In Austria, responsibility for the occupational therapy lies within the individual lender, as I said before. However, in order to break down barriers to the integration of people with disabilities into the labor market, the federal government has allocated an additional 36 million euros to support the federal regions' projects promoting inclusive employment. To this end, funding guidelines for inclusive employment were issued in 2024. Their goal is to facilitate the integration of people with high support needs into the labor market. This includes securing jobs under collective agreements that guarantee full employment, social insurance, and a living wage. Maybe some details on this ministerial directive on inclusive employment. It was developed in consultation with the stakeholders, disability organizations, service providers, social partners, and the lender, and entered into force in 2024. It is providing 36 million euros for projects, and eight out of nine Lander have submitted projects under this directive. The current government program includes measures to recognize the work of people with disabilities in occupational therapy. As part of these measures, existing pilot projects are to be evaluated and supported. An ongoing evaluation of the funding guidelines on inclusive employment project is set to begin shortly. At the same time, discussions regarding the payment of a wage instead of pocket money or occupational therapy are to continue. The long-term goal is social security and pension insurance coverage for people in occupational therapy. Thank you.

AustriaHead of delegation

Next, I would give the floor to Mr. Kindl.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

I want to comment on your further questions about the labor market access of the asylum seekers. You criticized that the employers have to file for the permits. and that asylum seekers are bound to the employers, that the labor market test may hinder them to effectively find employment. And if I understood you right, you recommended basically free labor market access to the asylum seekers. From our perspective, this is A, not really necessary and also not really proportionate. First of all, we have to stress that asylum seekers have a temporary position in Austria. These are also persons who may have made traumatic experience in the recent past, and to the procedure to obtain a labor market permit is also a kind of protection to them because in every procedure, the public employment service looks at the wage which is paid, the hours the asylum seekers has to work. There are representatives of the Chamber of Labor who are also involved and can have an expert eye in these procedures. So it's really also for security of asylum seekers that we do these procedures. It's one for one thing. And also, it's not forbidden if the asylum seekers have, if an employment permit has been issued for them. They can also seek other employers. It's not forbidden. So they can change their work. It's not forbidden. And we also have the figures relating effective employment in the year of 2025. There were more than 3,000 permits for asylum seekers were granted, and there were just thousands rejections for permits for asylum seekers. So we don't see it that way, that there is not an effective access to the labor market for the asylum seekers. Thank you.

AustriaHead of delegation

Next, I give the floor to Ms. Putz, also from the Ministry of Labour.

AustriaRepresentative, Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection

I would like to give the committee some information on the situation about the working conditions of seasonal workers. So pursuant to Article 11 of the Federal Constitutional Act, Legislation concerning labor law and the protection of agricultural and forestry workers and employees falls within the competence of the federal government, while enforcement is the responsibility of the Länder. Accordingly, although legislative competence rests with the federal government, enforcement and consequently monitoring compliance with occupational health and safety requirements fall within the competence of the Länder. The authorities responsible for enforcing the Agricultural Labor Act are the agricultural and forestry inspectorates established within the offices of the lender governments. The Agricultural Labor Act constitutes a comprehensive codification of agricultural labor law. Occupational health and safety in agriculture and forestry is governed not only by the Agricultural Labor Act, but also by the regulations adopted pursuant to it, including provisions on the protection of workers in the performance of their work. Pursuant to section 2 of the Agricultural Labour Act, occupational health and safety provisions apply to both agricultural and forestry workers and employees. Seasonal workers are therefore also covered. They are therefore afforded the same protection as other workers. Like other employees, seasonal workers in agriculture and forestry are also covered by the Wage and Social Dumping Prevention Act, which provides for remuneration checks as well as by the relevant Austrian provisions governing employment contracts. Workers employed in agriculture and forestry in Austria, including seasonal workers, may contact the competent supervisory authorities in their respective land, namely the agricultural cultural and forestry inspectorates to seek information or assistance in cases of suspected violations of occupational health and safety or worker protection requirements. The Agricultural Labour Act grants agricultural and forestry inspectorates various inspection powers, including, in particular, the right to inspect workplaces and examine relevant documents. Employers who violate applicable requirements concerning worker protection or occupational health and safety may be subject to penalties imposed by the district administrative authorities. As mentioned, any worker may also contact agriculture and forestry inspectorates anonymously to report suspected violations. The inspectorates follow up on such complaints. Other points of contact include the statutory representative bodies for workers, which are the Chambers of Labour and the Chambers of Agricultural Workers. The latter represent workers employed in agriculture and forestry and provide free legal advice. Their websites also contain information on the relevant areas of law. In addition, the platform of sezionari.at should be mentioned. It campaigns in several languages on the legal status of harvest workers in Austria. Seasonal workers in agriculture and forestry can also contact this platform, which has been initiated by the Austrian Trade Union Federation, if they have questions or encounter problems. As enforcement falls within the competence of the LENDA, it is not possible to provide more detailed information on the organization or activities of the individual agricultural and forestry inspectorates today. Sorry for that, and thank you.

AustriaHead of delegation

Next, I would like to give the floor to Mr. Benesch from the Ministry of Education.

AustriaRepresentative, Federal Ministry of Education

Thank you for the question in regard to the issue of social and care workers. We in Austria are fully aware of the necessity to have more trained staff in the field of care work and social care work. So over the last 3 to 4 years, Austria has reviewed and renewed its curricula in the field of care work, and it has also started additional programs. Right now, several branches of education, of schools do exist, and the capacities on the places they provide, the education places that can be used has been expanded over the last years, and that's also right now a work in progress. Thank you.

AustriaHead of delegation

Thank you. So for the time being, we do not have any additional information on your questions regarding cluster two. However, we could answer another question from cluster one. Would this work?

CESCRChair

Yes, absolutely.

AustriaHead of delegation

OK. Thank you so much. As regards Austria's position on the planned United Nations Framework Convention on International Tax Cooperation, Austria is a constructive partner in this context, but reluctant. That's what I am able to add on cluster one. So I fear that all the other information on the other questions, we need to get back to the capital in order to get additional information. So we cannot provide you with further answers on cluster two or one at the moment.

CESCRChair

Thank you, Your Excellency. Of course, you'll have an opportunity. tonight to get those information so that we can review them tomorrow morning. And of course, we look forward to listening to those additional responses. We now move on to cluster three, and I request our cluster leader for cluster three, Mr. Giuseppe Parmisano, to kindly pose the question. Sir, you have the floor.

CESCRCommittee Member; Cluster 3 Lead

Thank you, Madam Chair. Firstly, I would like to extend my welcome to the delegation of Austria and thank the Austrian Government for providing detailed information in its report and replies to the list of issues. Cluster 3 relates to articles 10, 11 and 12 of the Covenant. The topics covered include family protection, the right to an adequate standard of living, as well as health protection. As the person responsible for this cluster, I will address some of the key issues of these thematic areas that require attention and clarification. As you know, and it was mentioned by the country rapporteur, poverty and social assistance are closely linked. So I will start by addressing the right to an adequate standard of living under article 11, together with the right to social security under article 9. Well, in recent years, poverty-related problems seem to have seriously affected the country, with no significant improvements in sight. According to the most recent statistics, in 2026, around 19% of the population in Austria is at risk of poverty or social exclusion. This means that more than one in six people has a household income below the poverty threshold, is materially and socially deprived, or lives in a household with no or very low labour intensity. In addition, around 3% of the population seem to fall in the category of people who are materially and socially deprived, as they cannot afford at least seven of the 13 characteristics of the minimum standard of living according to the EU definition. This figure is significantly higher than in 2021, with 1.8% at the time of the population in this category. In June 2019, social assistance payments were introduced by the Basic Act on Social Assistance to replace the previous means-tested income benefits. This non-contributory scheme, based on individual financial need, was intended to provide a final safety net for people experiencing poverty. Section 5 of this Basic Act replaced the previous minimum standards with maximum caps. But these maximum rates are set below the threshold for at risk of poverty, as well as below the minimum according to the reference budget. In addition, federal states, if I understand it well, may enact, or at least could enact until a few months ago, laws that allow for payments below this maximum cuts thresholds. Could the delegation explain how the implementation of the social assistance system introduced by the 2019 Basic Act is having a positive impact on people experiencing poverty and how it is reducing poverty across the country? Still, with regard to the Basic Act on Social Assistance, we note that some specific groups, in particular individuals with subsidiary protection status, can access only core benefits at the level of basic care for asylum seekers, rather than full social assistance. Under the current legal framework, only Austrian citizens, persons with asylum status, and non-Austrian nationals who have legally and permanently resided in Austria for at least five years are entitled to full social assistance payments. Could that delegation provide a legitimate reason for this differential treatment? In particular, could they clarify how the exclusion of individuals with subsidiary protection status would not be discriminatory when they seem to be in a comparable situation to persons with asylum status? I will now move on to the issue of housing. According to available data, more than 20,500 individuals were officially registered as homeless in 2023. Approximately 10% of those registered were children and around a third were women. However, these figures appear to be incomplete, as the statistical methods used do not capture all forms of homelessness, particularly those affecting women, hidden homelessness. So the first question is whether the government is developing a systematic data collection mechanism on homelessness, including the extent and causes of homelessness, based on a comprehensive definition of the many forms it takes, disaggregated by gender, age, ethnicity, migrant status, disabilities, and rural-urban population, that would be applicable throughout Austria. Still on the issue of homelessness, In terms of Austria's homeless assistance service system, support is organized according to the so-called stage model approach. This means that people experiencing homelessness are expected to progress through different stages of accommodation. These stages typically involve moving from emergency shelters to temporary housing before being able to access permanent housing. Recently, the federal government has made additional funding available through the Wohnschirm program to expand Housing First services, which seek to provide rapid access to permanent housing, together with the support needed to sustain it. Indeed, this is a welcome step in line with human rights law and standards. However, the problem is that there is not yet one national homeless assistance service, but nine different ones in each federal state. This leads to a fragmented system for the provision of homelessness assistance services, resulting in significant regional variations in availability, eligibility, and accessibility, as particularly seen in services provided to women and youth. Could the delegation please clarify whether steps are being taken towards adopting a uniform national housing strategy, as was already recommended in the concluding observations on Austria's fourth periodic report? Moreover, in 2022, a reliable report documented the lack of adequate homelessness assistance service for individuals not meeting the stipulated eligibility criteria, which in general are based on the eligibility requirements for accessing social assistance benefits. This leads to the exclusion of non-Austrian citizens without legal and permanent residency. mobile EU citizens, as well as Austrians who become homeless in another federal state where they have had no residency in previously. Could the delegation please confirm this lack of assistance and the subsequent exclusion? Could they also clarify whether measures are being taken to review the eligibility criteria which currently hinder both Austrian nationals and non-nationals from accessing all homeless assistance services? I would now like to focus on an issue relevant to Article 10 of the Covenant concerning the protection of the family. Specifically, I will address the social protection of women victims of violence within the family. Austria has made significant legislative and institutional progress in preventing and combating gender-based violence. Nevertheless, Shortcomings persist in the effective implementation of protection measures and in ensuring adequate, accessible, and sustainable support services for all victims. For example, in 2024, GREVIO, the Group of Experts on Action against Violence against Women and Domestic Violence of the Council of Europe, has highlighted the fragmentation and uneven distribution of funding responsibilities between the federal government, the Länder, and municipalities. as well as the precarious short-term funding arrangements affecting specialist NGOs, particularly those assisting women exposed to intersectional discrimination. And moreover, asylum-seeking women and women with irregular resident status, women with disabilities, women experiencing mental health or substance use problems, and LBTI women continue to encounter specific obstacles in accessing appropriate specialist accommodations and support. Against this background, could the delegation please provide more insight on the measures being envisaged or implemented to provide support services for women victims of domestic violence, including in terms of public funding and equal access for marginalized women? The last issue I would like to raise, for the time being, is about the protection of health under Article 12 of the Covenant. Contrary to the WHO's definition of health, Austria's healthcare system appears to be strongly oriented towards a purely medical approach to illness, paying less attention to preventive and social factors. This is a lack of cost-effective preventive services available, there is, sorry, a lack of cost-effective preventive services available to the necessary extent, and a strict dysfunctional separation between the health and social sectors, a dysfunction which is exacerbated by the fact that they receive separate funding from the federal and state governments. The repercussions of this are particularly detrimental to the domains of mental health care and the safeguarding of children and adolescents, as well as the elderly. For example, recent reports indicate there are insufficient school psychologists, social workers, and nurses. Care for dementia and other geriatric psychiatric illnesses is planned separately, despite a lack of staff. Access to affordable health insurance-funded therapy and psychiatric services remains inadequate, particularly for children and adolescents. There is also shortage of hospice and palliative care for individuals with serious and incurable illnesses. And due to long waiting times, people with disabilities are often forced to privately pay for the care services they need, and social insurance reimbursement for privately paid services do not cover the actual costs. Could the delegation please provide clarification of this situation and explain whether structural or specific measures are being considered in this respect? With that, I have finished. I apologize for the. Thank you for your attention. I will raise some further issues.

CESCRChair

Mr. Palmzano, if you wish to pose your, since we have time, you have five minutes more to complete your questions. I don't want to rush you, so because it'll help the delegation prepare for it. Okay. Oh, all right. Okay.

CESCRCommittee Member; Cluster 3 Lead

Replies and decide what to ask. Thank you.

CESCRChair

Thank you so much. That completes the set of questions under cluster three for the distinguished delegation. You will have all of today to prepare for it, to get the response from the capital, and we look forward to hearing your responses tomorrow morning. With that, I wish you all the best for, and thank you so much for the very diligent preparation and responses that you have given for today. Thank you very much. I'll request my colleagues to kindly remain seated. We will just stay in the room for five minutes for certain announcements in a closed setting once our distinguished delegation has left the room. Thank you. The meeting is closed. So, dear colleagues, I just wanted to make a few announcements. As you know, we have in the afternoon, we will resume our state party dialogue with Mexico. My first request is if all of you could kindly come in time. I know it's a new building, so it's taking a while. Especially if you are having your lunch downstairs, it takes longer than usual. But do try to come in on time, five minutes earlier, because yesterday we had to wait till the quorum was complete. And so that becomes a bit of an impediment. So that is one request. Secondly, of course, you would have seen, you've all signed onto the sheet confirming the committee dinner next week. PG very kindly has taken on that responsibility. She's spoken to the same restaurant, and they have, of course, agreed to provide us good rates as always because of her good offices. If you could just kindly indicate anyone with a dietary preference or restriction, otherwise, because that'll help them make the preparations. Thirdly, you would have seen Jasmine's message, which I had circulated. This is relating to the run of show and scenario tomorrow in the afternoon when we do the joint celebration of our, and this would be room number 15. 16, sorry, room number 16. Room number 16, I presume, is somewhere this way? Yeah. Where is room number 16? Anyway, I think we have enough time to check the whereabouts of room number 16. But again, because it is a joint celebration with others, and it's an important event, I think we should be there ahead of time. But on that, if there are any questions or clarifications, I think this is the time to. ask it. But otherwise, all I wanted to tell you was that I have circulated two separate messages about something that's been having intercessionally. One is, of course, the managing expectations text, which is doing the rounds. I have received response from some of you, which I will, of course, put together and respond. We've been given time till 10th of November, so I'll do that. And the second is yet another text And this relates to another proposal that was initiated by, I think, one of the members of CEDAW regarding a joint general recommendation on coercive control in intimate and family relationships among five committees, which is CEDAW, CESC, CRC, CRDP, and CERD. While I have received responses to the other proposal, I have not received any responses to this particular initiative. Certainly, I will let them know when I see them in Seoul, whether that we'll need more time. And if we have no responses, perhaps we'd be careful about associating ourselves. I mentioned the challenges of doing work intercessionally, and especially when we do it collectively with several others. A text that is considered all right from their perspective may not be from ours. And so if you're not comfortable with it, we should not sign on to it. And that's what I will be letting them know. Because otherwise it causes problems, as has happened in the case of the other meeting that Mikhail had attended. And he very categorically told them that there is no question of us signing on to anything. It's all right for individual members to participate, but certainly not as a committee position. These are some of the announcements I thought I’d make, but at this stage, we have a couple of minutes. Of course, the interpreters are free to leave for lunch. Yahulieta? Yes, please.

CESCRCommittee Member

I have a question about – you okay for a minute? You okay for a minute?

Speaker 94

Yes.

CESCRCommittee Member

I want to ask in relation of this declaration and expectations, because we don’t know How it came about, I mean, I don't.

Know, at least me, I don't know the others, how it came about and what is all this. My question is, so the process to go about it is just send your comments, and then you.

Will collect because it's difficult to, the process is not very.

You know, we don't have, it is decided not to have any space to discuss it or, because I don't I don't know anything about this, and then it's difficult to also assess it. I don't know if we don't know how it came about, the origin of all these, you know.

To have a bit of background so that we can assess it better as well, that and the process. Thank you, Preeti.

CESCRChair

Thank you, Julieta, for asking that question, because that is exactly the question I have, because I don't know how it came about, frankly. It is an initiative of the Secretariat. It was apparently initiated some chairs meetings, some many chairs meetings back. It is not an initiative we have taken. It is yet another initiative which is being forced upon us. So obviously it poses problems. But when they give you deadlines and give your inputs by such and such date, I'd say, well, I need to consult my committee, and therefore requested for 10th November. But yes, if it's incomplete and it requires discussion, then I'll say we have no or certainly share interim inputs and then say it requires greater discussion. This is something that's part of the chair's process. It was not discussed at the last chair's meeting in June, primarily because we were so consumed by the treaty body reforms working paper of the secretariat. But it was put into the Chair's outcome document without us noticing, because we were, as I told you, completely preoccupied looking at that particular issue. So it's, yeah. Yes. Noemi, yes, please.

UN Secretariat

Thank you, Chair.

If I can just propose something in case of some members would like to have more information on this initiative, if you want, we can allocate, I don't know, 15 minutes and invite the colleagues who have been involved from the beginning in this process to brief you on this initiative, and so you can, in this way, have more information.

Thank you.

CESCRChair

Thank you, Naomi. That's a very welcome support from your side, except that we are again moving into areas and territories which is really not our mandate or our business. So again, a lot of our time gets taken up by extraneous issues, which completely distracts us from our own core work. So we'll let you know next week when we meet again. But Ludovic, you want to say something?

CESCRCommittee Member

No, just a question that is not related to the matter that is actually under discussion. I would like to know whether it would be possible for the Secretariat to communicate, not too late, even potentially as soon as possible, the dates for the next session. Because for the moment, on the website of the UN, it's indicated three weeks and a half of session for the entire February. When we had discussed that sometimes with Noemi, Noemi indicated it would be only two weeks, but actually, like now, it's in two months. It's impossible for us to just maintain like four weeks open just in case and maybe two weeks.

We need to know.

So I don't know whether it would be possible maybe this week or no later than next week. to have that information. Thank you.