Breadcrumb
Experts of the Human Rights Committee Praise Austria’s Efforts to Identify Victims of Trafficking, Raise Questions on Dealing with Extreme Heat and the High Proportion of Women in Part-Time Work
The Human Rights Committee today concluded its consideration of the sixth periodic report of Austria on how the State implements the provisions of the International Covenant on Civil and Political Rights. Committee Experts praised Austria’s new mechanism to identify victims of trafficking, while raising questions on how Austria was dealing with extreme heat and the high number of women in part-time work.
A Committee Expert said the Committee positively noted the progress made by the State party to develop a comprehensive national referral mechanism for identifying trafficked persons and referring them to suitable organizations, as well as drawing up specific guidelines for identifying and dealing with potential victims of child trafficking.
A Committee Expert noted with concern that Austria had recorded the highest ever number of heat-related deaths from June through August in 2026. Could information be provided on the implementation and enforcement of the 2026 heat protection plan and ordinance? How did these policies operate in practice for persons who could not take protective measures without assistance, including persons experiencing homelessness, those who were socially isolated, and individuals in hospitals or care facilities? What measures had been taken to strengthen heat protections for workers, including safeguards for workers at heightened risk due to health status or physically demanding work?
Another Committee Expert said despite positive advancements, women's labour market participation in Austria was traditionally concentrated in part-time work. Last year, 49.8 per cent of female workers were part-timers, compared to 14 per cent of male workers in Austria. What did the delegation believe were the structural barriers to achieving gender equality and parity in the country?
Presenting the report, Elisabeth Handl-Petz, Federal Chancellery of Austria, Vienna, and head of delegation, said the protection of human rights and the rule of law remained a cornerstone of Austria’s domestic and foreign policy. In 2026, amendments to the national minorities act strengthened the rights of Austria’s six recognised national minorities, strengthened the use of Slovenian in judicial proceedings in Carinthia, and introduced an annual national minorities report. Funding for the Roma labour market empowerment initiative was also secured through 2028.
Responding to questions, the delegation said the heat protection ordinance identified and assessed hazards and determined appropriate measures for heat protection, and applied to work carried out at workplaces where employees could be exposed to high levels of heat or ultra-violet radiation. The new ordinance specified the hazards employers must assess and measures they needed to implement. Regulations were also provided regarding work clothing for particularly vulnerable employees. The “Heat Hotline” offered free personalised advice on heat protection measures, especially for vulnerable populations groups. Public facilities such as libraries and shopping centres could serve as heat shelters, due to their access to air conditioning.
The delegation said that while the working quota for women was high, the number of women working part time was also high. This was for numerous reasons, including care work and also that the sectors where women worked mainly offered part-time jobs. The new planned childcare places would create further opportunities for women to work full time. Since 2018, employers were required to inform part-time employees about full-time positions within the company. The number of women in decision-making positions was continually rising.
In concluding remarks, Ms. Handl-Petz thanked the Committee for the constructive dialogue. Austria would carefully review the Committee’s conclusions and recommendations and incorporate them into the national process.
Changrok Soh, Committee Chairperson, in his concluding remarks, thanked the delegation for the constructive dialogue. The Committee appreciated Austria’s efforts to address its concerns and looked forward to the full implementation of the Covenant.
The delegation of Austria was made up of representatives of the Federal Chancellery; the Federal Ministry of Labour, Social Affairs, Health Care and Consumer Protection; the Federal Ministry of Justice; the Federal Ministry of the Interior; the Federal Ministry of Education; and the Permanent Mission of Austria to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-sixth session is being held from 19 October to 6 November 2026. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Wednesday, 21 October to begin its consideration of the fifth periodic report of Rwanda (CCPR/C/RWA/5).
Report
The Committee has before it the sixth periodic report of Austria (CCPR/C/AUT/6).
Presentation of Report
ELISABETH HANDL-PETZ, Federal Chancellery of Austria, Vienna, and head of delegation, said the protection of human rights and the rule of law remained a cornerstone of Austria’s domestic and foreign policy. In 2026, amendments to the national minorities act strengthened the rights of Austria’s six recognised national minorities, strengthened the use of Slovenian in judicial proceedings in Carinthia, and introduced an annual national minorities report. Funding for the Roma labour market empowerment initiative was also secured through 2028.
Austria continued to advance gender equality across all sectors. This year, the mandatory quota for women on the supervisory boards of listed companies was increased from 30 per cent to 40 per cent, effective for new appointments from 2027. The initiative “She goes AI” was launched to increase women’s participation in the artificial intelligence sector. The gender pay gap in the Federal Civil Service had fallen to a historic low of 6 per cent, while Austria continued targeted efforts to reduce persisting disparities in the private sector.
In November 2025, the Government adopted a national action plan to combat violence against women and girls for 2025–2029, developed in a broad participatory process with experts, academia and civil society, containing 158 measures on prevention and victim protection. Federal funding had also supported the nationwide expansion of women’s shelters, with discussions underway to extend funding beyond 2027.
In September 2026, Austria established a new national referral mechanism to strengthen the fight against human trafficking. Funding for projects supporting the social and legal standing of foreign workers was also maintained.
Between 2015 and mid-2026, Austria granted international protection in approximately 240,000 cases. By June 2026, Austria had fully implemented the European Union Pact on Migration and Asylum and expanded the Austrian Ombudsman Board’s mandate to monitor human rights compliance in new screening and border procedures. An act on custody for unaccompanied minors also entered into force in June 2026, ensuring immediate child welfare custody.
The legislation on headscarves for schoolgirls under 14, which entered into force in September 2026 and had drawn criticism, was currently under review by the Constitutional Court. Amendments to the civilian service act and broader military service reforms were also under consideration.
In 2026, Austria adopted legislation accompanying the European media freedom act. Strong protections for journalistic sources, editorial independence and public service broadcasting remained firmly established. The Government had also reached political agreement on legislation implementing the European Union Anti-Strategic Lawsuits against Public Participation Directive. In addition, the freedom of information act had successfully completed its first year, strengthening both access to information and proactive transparency.
While Austria had a strong human rights framework, the State party recognised that continuous effort was required. The delegation were here before the Committee to listen, exchange views, and further strengthen the protection of civil and political rights.
Questions by Committee Experts
A Committee Expert welcomed the Austrian delegation, noting that a significant amount of time had elapsed since the State party’s last review before the Committee in 2015. The Committee was aware from the sixth periodic report of the State party that notable steps had been taken to improve and promote respect for human rights in the country. However, there were also several issues of concern that had come before the Committee which would be addressed to further improve the human rights situation in the country.
The Committee noted that all the Committee’s Views concerning Austria, including their German translation, were published on its website and that, when the Committee identified a violation of the Covenant, these were considered by the competent authorities at all levels which would then examine what sort of remedial measures should be taken. Could the State party provide further information on the concrete measures it had taken to date to give effect to the Views adopted by the Committee, including remedies provided to victims, if any? Did the State party have a specific institutional framework or mechanism that ensured follow-up to the Committee’s concluding observations and were they widely disseminated and translated into other officially recognised minority languages?
How did the State party ensure that the rights enshrined in the Covenant were duly taken into account in the application of domestic law? Did judges have the competence to refer to the Covenant even if it was not invoked by the parties to cases before them? Could the State party provide examples of specific cases in which the courts had referred to the Covenant and what practical impact this had had? Would the State party consider alternatives to detention than lowering the age of criminal responsibility, including use of electronic monitoring and early release? Was the proposal still planned to be discussed by the National Council and what was its possible outcome?
In light of the fact that all three members of the Ombudsman Board were elected by the National Council and heavily tied to party political appointments instead of a public, civil society-inclusive application and vetting process, could the delegation clarify how the Board could be perceived to be politically independent and how the nomination process and current membership of the Board could be considered to be the result of a transparent process and pluralistic in its composition?
Another Committee Expert asked how the State party ensured that victims of intersectional discrimination, including religious discrimination, had access to an effective remedy in all areas of life? The 2024 amendment to the civil service law prohibited federal officials from discriminating in the performance of their duties. How many complaints had been filed under this provision, and with what results? Could the delegation indicate whether the Ombudsperson for Equal Treatment would be able to bring cases before the courts, and whether remedies other than financial compensation were available, including for persons with disabilities?
The Committee noted that abortion remained regulated under the Criminal Code, and that the report did not address the question on its decriminalisation. Was the State party considering removing abortion from the Criminal Code and regulating it as health care? The report described services in Vienna and Vorarlberg for voluntary termination of pregnancy. Could the delegation provide information on this availability in the other Länder, including the number of public hospitals providing abortion services in each? According to information received, there was no known provider in Burgenland and only one in Salzburg. How did the State party ensure that refusals did not prevent access in practice, and that patients and health professionals who provided these services were protected from harassment?
The Committee acknowledged safeguards introduced in 2018 in regard to sterilisation, including court authorisation, the involvement of an adult protection association and two independent experts. According to information received, these associations had been involved in very few cases, and women with disabilities in institutions may receive contraceptives without their knowledge. Could the delegation provide the number of court authorisations requested and granted since 2018, disaggregated by sex, age and disability, and explain how institutions were monitored? Was the State party considering prohibiting sterilisation without the free and informed consent of the person concerned, in line with the Covenant?
Another Committee Expert said the 2026 report of the Ministry of the Interior recorded 6,751 hate crimes and hate speech incidents last year based on various grounds, including national and ethnic origin, religion, sexual orientation and gender. The report noted several alarming examples of hate speech against Muslims and individuals of foreign origin, as well as violent attacks against 17 lesbian, gay, bisexual, transgender and intersex persons of foreign origin. What actions was the State party taking to combat hate speech and inflammatory public discourse, especially from political figures? Would Austria consider amending the Criminal Code to explicitly reference gender identity as a ground of hate crimes?
The Committee noted with appreciation that Austria recently adopted several national action plans and strategies in the area of hate crime and hate speech; would the State party commit to adopt a comprehensive national action plan against hate crimes and hate speech that addressed all forms of racism and religious intolerance and allocated financing for its effective implementation? The Committee recognised that Austria had made progress in data collection, including the electronic recording of hate incidents. How did the State party plan to close remaining knowledge gaps in this area, and improve data reporting and collection practices?
Austria had repeatedly acknowledged in international forums that medically unnecessary interventions on intersex children caused concrete harm and that such procedures should be urgently stopped. However, medically unnecessary interventions still continued in Austria. Why was this the case, even as Austria had repeatedly acknowledged that these practices were harmful? Would the State party establish a nationwide central register to anonymously record these procedures and address these numerical discrepancies? What was the status and content of the draft law to prohibit medically unnecessary interventions on intersex children and the specific timetable for its adoption? Had any investigations been undertaken into these abuses, and what remedial measures had been adopted?
The Committee appreciated the State party’s efforts to mitigate the harmful effects of climate change but was concerned about the impact of climate change on the rights of vulnerable individuals and groups. The case of Müllner v. Austria, currently pending before the European Court of Human Rights, illustrated these concerns. The applicant alleged that Austria’s failure to take effective measures to reduce greenhouse gas emissions had contributed to extreme heat that substantially worsened his health conditions and restricted his mobility. What additional legislative or policy changes was Austria considering in order to ensure the effective protection of Covenant rights in the context of climate-related heat risks, especially for persons with disabilities and chronic illnesses and the elderly?
Noting with concern that Austria had recorded the highest ever number of heat-related deaths from June through August 2026, could information be provided on the implementation and enforcement of the 2026 heat protection plan and ordinance? How did these policies operate in practice for persons who could not take protective measures without assistance, including persons experiencing homelessness, those who were socially isolated, and individuals in hospitals or care facilities? What measures had been taken to strengthen heat protections for workers, including safeguards for workers at heightened risk due to health status or physically demanding work?
Another Expert asked whether Austria intended to introduce a clear and specific prohibition of racial profiling, and what definition was currently applied by law enforcement authorities? The Ministry of the Interior had reportedly established a working group to put an end to racial profiling. What concrete measures had this group proposed or introduced? Were there action plans, dedicated resources and measurable indicators to assess the effectiveness of these measures and existing police training?
Did Austria plan to establish a dedicated system for recording complaints of racial profiling? Could the latest available figures be provided, including the number of investigations, disciplinary measures, criminal proceedings and sanctions? What effective judicial or administrative avenues were now available to challenge police misconduct? What measures were being taken to address the possible underreporting of such incidents, and what victim support and compensation mechanisms were available in practice?
According to Austria’s report, the Investigation and Complaints Unit for allegations of ill-treatment opened 514 cases in 2024. Could updated information be provided on their outcomes? How many resulted in criminal charges, convictions or disciplinary action? How many remained pending, and why were other cases closed without further action? What legal and practical safeguards ensured impartial investigations and effective oversight? Did the Unit have adequate resources and access to evidence?
In light of reports concerning overcrowding, staff shortages and prolonged confinement of detainees to their cells, what measures were being taken to ensure humane treatment, in accordance with the Covenant? What progress had Austria made in addressing shortages of doctors and mental-health professionals? Did prisoners now have timely access to medical consultations, urgent treatment and appropriate mental-health support? What measures were in place to identify persons at risk of suicide, prevent such incidents and ensure effective mental-health care?
Another Committee Expert said that following the equal treatment act, the ministries and federal supreme bodies in Austria were required to issue a women’s promotion plan in the form of a regulation for a period of six years. Thanks to targeted quotas, women's representation in the Federal Ministry of Justice rose to 32 per cent in 2025, up from 27 per cent in 2020 and 16 per cent in 2016. With the help of regularly adopted women promotion plans, the Federal Ministry of Justice also succeeded in significantly increasing women’s share in executive and higher-ranking roles within courts and public prosecutors' offices. At the same time, women's labour market participation in Austria was traditionally concentrated in part-time work. Last year, 49.8 per cent of female workers were part-timers, compared to 14 per cent of male workers in Austria. What did the delegation believe were the structural barriers to achieving gender equality and parity in the country?
According to the National Statistical Institute’s data, one in four women had experienced sexual violence from the age of 15 onwards. Would criminal law regarding sexual offences and rape be aligned with the principle of freely given consent? The number of women killed each year in Austria was growing. Between 2015 and 2022, the annual number of women victims of domestic homicide more than doubled and in 2026 alone, 16 women had been victims of femicide. Could data be provided on the victims of gender-based violence, segregated by social background, ethnicity, age and family status? Who was most heavily impacted by gender-based violence? Did the State party’s policy framework prioritise high-risk groups when combatting domestic and sexual violence? What special protection measures existed to combat violence against women who faced intersecting discrimination or higher risks of poverty?
Prostitution was legal and regulated in Austria. Like many other countries, Austria was not free from illegal prostitution. What policies prevented gender-based discrimination in this field and what measures existed for those sex workers, including illegal ones, who might wish to leave commercial sex?
Responses by the Delegation
The delegation said given it’s “A” status, the appointment procedure for the members of the Austrian Ombudsman Board in Austria’s opinion was already fully compliant with the Paris Principles. At a political level, there were plans to amend the National Council’s rules of procedure act. Further structural changes would be inconceivable without a Constitutional amendment, but the Government programme currently ruled this out. As regard pluralism and diversity among the members of the Board, gender balance and appropriate representation of minorities were obligations for the Ombudsman’s Board; 5.8 per cent of staff were persons with disabilities and ethnic groups were also represented.
The Committee’s Views were published with a German translation online. Implementation could require both administrative and legislative measures. The Committee’s concluding observations were translated into German and published, with the English version, on the website of the Federal Chancellery. Human rights coordinators served as the key body responsible for the national report and as key implementors of the recommendations. The Covenant was not directly applicable in Austria, meaning courts could not base their decision directly on the Covenant, but could use it as a means of interpreting other legal provisions. Most of the guarantees of the Covenant were already implemented in Austria in international law, including in the Constitution, the European Convention on Human Rights and the European Union Charter of Fundamental Rights. Since the rights enshrined in the Covenant were protected by the Constitution, both Austrian legislation and the Austrian administration strove to ensure the full protection of human rights within the Austrian legal order.
In recent years, there had been discussions about lowering the age of criminal responsibility from 14 to 12, usually following incidents involving minors which received media attention. The current Government programme did not provide for the lowering of criminal responsibility, as the age of 14 was consistent across the European Union.
Compulsory online training programmes existed for the police force on hate crimes and human rights, with around 99 per cent of police officers receiving this training. The training aimed to stress a victim focus and provided hate crime fact sheets online. A victimisation survey was conducted with a special focus on women, with results to be released next year. The national action plan was being developed in collaboration with civil society, which would be finalised next year. It was now mandatory to record hate crimes identifiers, spanning a range of categories, in the judicial register. A new decree had been issued to the judicial authorities in 2025, explaining how to record bias-motivated offences. This decree also included examples of discrimination on the grounds of sex. A specific online learning course on the recording of hate crimes was available to judicial employers. Seminars on the topics of hate crimes were offered on an ongoing basis.
Extensive work was done in Austria on a civil law ban of prohibitions of medical interventions on minors, but unfortunately a political consensus had not been reached so far. The Ministry of Health had no plans for such legislation at the moment.
Police crime statistics focused on homicides with female victims. These were all published in the State’s security reports. In July 2026, a reporting obligation for prosecutors of femicides was introduced to enable reactive supervisory review, especially in cases where the Prosecutor’s Office had previous involvement before the attempted homicide.
An abortion carried out with the consent of the pregnant person was not subjected to punishment in the first three months, provided the abortion was performed by a physician. A new legislative framework was conceivable in which public health aspects took centre stage and criminal law served as a background law. Any potential amendment required public debate and appropriate majorities in Parliament. Abortion services were available in Austria, in at least every public hospital, except one, but there were still clinics providing abortion services in this area. There was a new women’s health strategy which had been launched this year, addressing sexuality and reproductive rights.
The heat protection ordinance identified and assessed hazards and determined appropriate measures for heat protection, and applied to work carried out at workplaces where employees could be exposed to high levels of heat or ultra-violet radiation. The new ordinance specified the hazards employers must assess and measures they needed to implement. Regulations were also provided regarding work clothing for particularly vulnerable employees.
The Equal Treatment Commission could not award damages or compel a party to make a payment; these measures fell under the jurisdiction of the court.
Police had received training on the security police act and the security regulation, including actions based on bias and discrimination. A decree dated October 2025 stipulated that identity checks needed to be recorded in the police database.
The current Government programme included extensive measures for supporting families. Parents had been enabled to find a better balance between family and career. Education and care placements for children under three had been expanded by the State party, and investment in early childhood education had been significantly increased. A second mandatory kindergarten year was also planned. Free of charge parent counselling was provided to new parents in services hubs, with a special emphasis put on re-entering into the workforce. The family time bonus was an important initiative for working fathers, allowing them to spend time with their newborn directly after birth. Since its conception in 2017, uptake of the bonus had increased five-fold. Fathers were also legally entitled to a month of paternity leave. If companies made an effort to implement child friendly measures, they could be certified as “family friendly”, and receive recognition and awards in this regard.
The maternity protection act and the paternity leave act were amended to increase maternity and paternity leave only if both parents took it, encouraging a greater participation by fathers, and increasing women’s participation in the labour market, closing the gender pay gap.
The Investigation and Complaints Office for Allegations of Police Mistreatment had an independent advisory board, which was an additional avenue to submit complaints. It was outside of the regular police hierarchy but had full investigative powers. From 2024 to 2026, there were more than 3,000 cases involving ill treatment which had been investigated. Over 80 per cent of complaints dealt with excessive use of force of police officers.
In cases of criminal misconduct by prison officers, the heads of prisons were required to immediately submit an incident report to the Public Prosecutor’s Office. In a lot of cases, it turned out after the consideration of the circumstances that there was no sufficient suspicion of a crime being committed, which explained discrepancies in the figures between incidents reported and those investigated.
Inmates of Austrian prisons had the right to receive the same medical care and treatment as non-detained persons. A unit had been established which was dedicated to improving medical care for detainees. The department had planned several projects to ensure adequate psychiatric care for inmates, and a training programme had been developed for people requiring psychiatric care. Some selected correctional facilities were planned to be recognised as training institutions for psychiatry. Steps were being taken to increase the number of medical and nursing staff, and collaborations were being taken with psychiatric hospitals to secure extra beds.
By raising awareness among staff working in prisons, steps were being taken to ensure solitary confinement for persons with mental disorders was only taken as a last resort, when they were at a risk to themselves or others. These persons were visited regularly by medically trained staff when placed in confinement. In 2026, the number of suicides reported by August had already surpassed the number of suicides in 2025. However, the low levels of suicides generally meant numbers could significantly fluctuate year on year. A long-term view showed the number of suicides in Austrian prisons had remained stable at around 10 per year. A specialised group for suicide prevention had been established in 2011, meeting regularly to issue recommendations regarding suicide.
The equal treatment act used the term “multiple discrimination”, which was often used alongside intersectional discrimination. In the event of a violation of the act, affected employees were entitled to compensation, which could be accessed in court.
A group of experts had been established to conduct a thorough review of the legal situation regarding gender-based violence, with the view to close gaps and modernise the legal framework. A draft for the introduction of a “only yes means yes model” was being drafted by the Federal Government.
Sterilisation without the consent of the person concerned was only permitted in very narrow limits, including if their adult representative consented, and a doctor’s certificate confirmed the person was not capable of recognising and assessing the decision, and that the procedure was necessary to safeguard their welfare. This was then subject to a decision by the courts.
Questions by Committee Experts
Committee Experts asked follow-up questions, including relating to hate speech against Muslims and individuals of foreign origin; if more information could be provided on anti-Muslim rhetoric, including handwritten notes; if it was really the case that nothing else could be done in regards to sterilisation of intersex children; more information about the composition of the Ombudsperson’s Board; whether there was a possibility of lowering the age of criminal responsibility in the future; whether the major policies in Austria aimed to keep women part-time workers at home; how a complaint of intersecting discrimination on the grounds of religion could be examined; details on the strategy around abortion; and whether the State party could guarantee that sterilisation only took place with the informed consent of the individuals themselves.
Responses by the Delegation
The delegation said a national action plan on hate crime was initiated in 2026 and had four focus areas, including conducting studies to reduce hate crime and phobia in migrant communities. The combatting hate on the internet act provided more effective protection against hate speech in this sphere. Training for judges and prosecutors with a focus on the digital sphere was offered. Hate speech was investigated without distinction and several instances of inflammatory speech by politicians had been investigated. Hate crime against minorities predominately occurred in a private context, as well as online. There was focus on Muslim communities to increase their trust to report. The women’s health strategy would be determined next year and therefore the details could not yet be provided.
The delegation said while the working quota for women was high, the number of women working part time was also high. This was for numerous reasons, including care work and also that the sectors where women worked mainly offered part-time jobs. The new planned childcare places would create further opportunities for women to work fulltime. Since 2018, employers were required to inform part-time employees about full-time positions within the company. The number of women in decision-making positions was continually rising.
Sex work was a precarious field of work prone to exploitation, but nevertheless, some women chose to work in this industry. The regulatory framework on sexual services in Austria allowed counselling and support to sex workers, as well as some regulation of the industry. There were eight specific counselling centres established throughout the country. A working group met twice per year, drawing up recommendations on how to improve the living and working conditions of sex workers to avoid exploitation.
It was not possible to provide statistics and numbers regarding the authorisation of sterilisations. Medically unnecessary procedures were unfortunately still carried out in Austria. The current Government programme included clear regulations to protect intersex minors from unnecessary medical interventions.
The “Heat Hotline” offered free personalised advice on heat protection measures, especially for vulnerable populations groups. Public facilities such as libraries and shopping centres could serve as heat shelters, due to their access to air conditioning. In many cases, neighbours, friends and volunteers could make a contribution by checking on vulnerable groups and providing them with water. There was a network of “heat buddies” who were trained staff members at organizations such as the Red Cross. They warned individuals about heatwaves in a timely manner and ensured they received the best possible support.
Questions by Committee Experts
A Committee Expert said reports before the Committee indicated that there were instances of disproportionate or excessive use of force by law enforcement officials during the May Day demonstration in 2021 and, more recently, during a police raid at the Persmanhof youth camp on 27 July 2025, a memorial site honouring civilian victims of the Nazi regime and the Carinthian Slovene minority. What steps had been taken to conduct investigations into allegations of the use of excessive or disproportionate force during these events and the results of the investigations, as well as measures taken to hold those responsible to account, and remedies provided to victims?
What steps had the State party taken to establish a fully independent complaints and investigation body with no institutional or hierarchical links to the police force, to address the current perceived lack of independence of the Investigation and Complaints Office for Allegations of Police Mistreatment?
The Committee welcomed the various measures taken by the State party towards combatting trafficking in human beings, but had received credible reports of existing gaps that remained to be addressed. What steps had been taken to increase efforts to identify labour trafficking victims such as through the provision of additional resources and training to labour inspectors? What measures were planned to provide asylum applicants with a temporary work permit to mitigate their vulnerability to trafficking? The Committee positively noted the progress made by the State party to develop a comprehensive national referral mechanism for identifying trafficked persons and referring them to suitable organizations, as well as drawing up of specific guidelines for identifying and dealing with potential victims of child trafficking.
What steps had Austria taken to strengthen the protection system of migrant children, including ensuring that each unaccompanied child was placed in appropriate accommodations, and to expedite the appointment of a guardian from day one of arrival or immediately upon identification to prevent their vulnerability to trafficking? When would the State party establish a comprehensive national referral mechanism which followed a multi-disciplinary approach to victim identification? How would it be ensured that victims were not inappropriately penalised solely for unlawful acts committed by victims as a direct result of being trafficked? What steps would be taken to ensure effective access to compensation for victims?
The Committee welcomed the 2024 amendments strengthening the independence of the legal counselling provided by the federal agency BBU, as well as the European Union Pact on Migration and Asylum applied since 12 June 2026. How many people, including families with children, had been placed in border procedures, and in which procedures did appeals lack automatic suspensive effect? Did the State party intend to review sections 36 to 40 of the asylum act, which would allow an emergency decree limiting access to the asylum procedure at the border?
The Committee noted that returns to Syria and Afghanistan had resumed in 2025, and had received information that one person returned to Syria subsequently went missing; could information on this case be provided? Family reunification for beneficiaries of international protection was now subject to a quota. According to information received, only 55 family members arrived in the first half of 2026, compared with about 6,000 in the first half of 2024. Could the delegation indicate the level of the quota and the number of pending applications, including those concerning children, and explain how the State party ensured compatibility with the Covenant?
According to information received, 572 unaccompanied children applied for asylum in 2025, and in 473 cases the procedure was closed because the child could no longer be located. Could official figures be provided for 2019 to 2025, and the number of children subsequently found, and the outcome of the investigations? The Committee welcomed the law on guardianship from the first day, in force since 12 June 2026. As the Committee understood, it applied to children found in Austria after 11 June 2026; how would guardianship be ensured for children who had arrived earlier? Daily rates for unaccompanied refugee children were lower than for other children in care. Were there plans to align them? Could information be shared regarding age assessments under the new law, including referrals to the courts and the use of medical examinations? How many applications had been submitted and granted under the citizenship act? Would the State party consider granting citizenship at birth to children who would otherwise be stateless? Was the State party considering a dedicated statelessness determination procedure, and what measures had been taken to register persons not registered at birth?
The report indicated that children under 14 could accompany their parents in detention. How many children had done this since 2016 and what was the length of their stay? Would the State party consider ending the immigration detention of children and families and making alternatives the rule? How many children benefited from alternatives in 2024 and 2025? With the new border procedures, including the terminal at Vienna airport, could the delegation indicate whether children and families may be held there, under what conditions and for how long?
How would the introduction of the draft law protect the independence of judges and prosecutors? The Committee was aware of reports of an investigation of members of the Federal Administrative Court, including allegations that the Court’s former President and Vice President improperly influenced how judges were allocated to new cases, including asylum applications. What steps were being taken to ensure the independence of the Administrative Court?
An August 2026 report of the Council of Europe Group of States against Corruption raised concerns about the independence of lay judges involved in deciding cases involving commercial law, antitrust, labour and social issues. What steps was the State party taking to address these concerns? What were the next steps towards fully implementing a system of periodic appraisals of judges?
The Committee had received reports of restrictions on the speech of individuals who sought to participate in nonviolent protests and gatherings, including the banning of a pro-Palestinian protest in Vienna several hours beforehand in 2023. How did the State party protect non-violent expressions of political speech and reporting from undue restrictions?
Did Austria intend to apply a 2025 law, which authorised the Government to install surveillance software on mobile phones to monitor encrypted communications of journalists and human rights defenders? How would the recent draft bill to implement the European Union Anti-SLAPP Directive protect the free speech of journalists and human rights defenders? Would Austria provide effective remedies for individuals and institutions that faced strategic lawsuits?
Regarding the use of drones and facial recognition technology by law enforcement authorities, electronic monitoring of persons released from prison under certain conditions, and access to encrypted communications, could the delegation explain the legal basis and limits of these measures? Who authorised their use and what safeguards ensured that surveillance was necessary and proportionate? What rules governed the collection, retention and deletion of personal information, and which independent authorities oversaw compliance?
Concerning the legislation adopted in July 2025 allowing the use of spyware to access encrypted communications in serious cases, how did Austria ensure that its use remained strictly limited to what was necessary and proportionate?
What safeguards provided for prior judicial authorisation, effective independent oversight and protection against access to unrelated data? What was the status of the constitutional review of these surveillance powers? What effective remedies were available to individuals who believed that they had been subjected to unlawful or disproportionate surveillance?
What steps had Austria taken to review these provisions governing Islamic religious communities, and ensure the non-discriminatory enjoyment of freedom of religion under of the Covenant? How were restrictions on foreign funding under the Islam act of 2015, and the financial reporting and monitoring requirements introduced in 2021, applied? What safeguards ensured that Islamic religious communities were not subject to unjustified or discriminatory obligations compared to other religious communities? With regard to the official recognition of religious communities, how many applications were currently pending or had been rejected, and on what grounds? Could rejections be appealed? What was the legal basis and scope of the restrictions concerning the wearing of headscarves by girls under the age of 14 in schools? How did Austria ensure that their implementation was consistent with freedom of religion or belief and the principle of non-discrimination?
In Austria, civilian service was three months longer than military service. How did Austria ensure that this difference did not place conscientious objectors at a disadvantage or have a punitive effect? How was the fairness of both the duration and the duties of civilian service assessed? Would Austria consider reviewing the difference in length between civilian and military service? Would Austria consider raising the minimum age for voluntary recruitment to 18? How was it ensured that 17-year-olds received clear information about military service and could make an informed decision freely and without pressure?
Austria’s approach to coordinating its human rights obligations was through a network of coordination in federal ministries and provinces. This model presented important opportunities for cooperation. Would Austria consider strengthening the existing arrangements through a common follow-up framework?
Another Committee Expert said Austria had experienced increased surveillance, referring to an incident in March 2023, when a man attended a climate protest in Vienna where police photographed him and later used facial recognition to compare his image in a central database. The automated match led to a criminal investigation, which later was discontinued. Did the Austrian security police act provide safeguards to use human intervention in accordance with the European Union Directive 2016/680? Were there intentions to end facial recognition practice which was deployed without an adequate legal basis since 2020?
In July 2025, Austrian police conducted a large-scale intervention at an international youth education camp held at the memorial site in the Carinthian Alps, near the Slovenian border. The camp, attended by around 60 young people from Austria, Slovenia and Italy, focused on commemoration of the end of the Second World War. What was the reason and the legal ground of the raid on the youth camp? Why did Austria limit expressions of solidarity with Palestinians and what were the grounds of the restrictions? There were concerns about the Government’s efforts to scrutinise public funds for civil society. What were the further development of the attempts to scrutinise what might be early warning signs of shrinking civic space?
The representation of persons with disabilities in political life remained restricted; could the delegation comment on this? While women’s representation in Austria's National Council had reached a high of 36.07 per cent in 2025, women remained underrepresented at the entry level of political life. What were time-bound steps to close the municipal-level representation gap after the last elections for mayor? Why had the binding gender-quota mechanism applied to State-owned company boards not been extended to elected political office? Austria was the first country in Europe where the Roma group received official national minority status. However, there still remained an immense lack of Roma individuals working within Austrian public offices, municipal administrations or formal political parties. How did the Government tackle the underrepresentation of this community in public life?
Reponses by the Delegation
The delegation said the Investigation and Complaints Office for Allegations of Police Ill-treatment was located within the Anti-Corruption Agency. Police officers were intensely trained on human rights and had an Advisory Board which could receive complaints. Investigations were conducted without any bias or affiliation to the affected police officers. The raid of the Persmanhof youth camp took place in June last year, and in August last year, an expert commission was established, with a report drawn up containing 30 recommendations on how police should behave in memorial sites. Nine of the recommendations had already been enacted.
Surveillance was only intended for security police operations in the context of terrorism and extremism, and surveillance measures needed to be authorised by several entities, including the Prosecutor’s Office and judges. From October 2023 to April 2025, more than 600 protests were classified as pro-Palestinian. Enforcement was the last resort of action that police could take in the event of a demonstration, and were required to state if they planned to disperse a demonstration. Unannounced demonstrations were treated the same way as announced ones. Police had received significant training to ensure protests could take place as much as possible and were only restricted in extreme cases.
A decree stipulated that the chanting of “from the river to the sea” publicly could constitute an initial suspicion of a potential incitement of disruption to the State of Israel. It did not institute a blanket ban on the slogan. The prohibition of headscarves in schools first provided for a dialogue before sanctions. Enacted legal provisions were currently being reviewed by the Constitutional Court to determine if they were in line with the freedom of religion and expression, and the best interests of the child.
There were currently pending requests from two religious organizations. A draft proposal for an independent Federal Prosecutor’s Office had been submitted to Parliament and was currently still under consideration. There was broad political support for strengthening the independence of the prosecution system, but experts had highlighted the need for improvements of the legislative framework before it could be finalised. Federal Prosecutors could be removed from office, and the Federal Prosecution Office was also subject to Parliamentary oversight.
Asylum procedures did not exempt authorities from complying with the principle of non-refoulment. Particular attention was paid to vulnerable applicants and minors. Where special support for applicants could not be provided, the border procedure must be discontinued. The border procedure was strictly limited to a period of 12 weeks. Applicants had the possibility to request to remain, after their application was rejected, pending the processing of their appeal. The principle of non-refoulment remained fully applicable throughout the procedure. Six applicants were currently undergoing the asylum border procedure in Austria.
Austria aimed to establish a safer and fairer asylum system. Return hubs in third countries were in place to enforce the return of those who had no rights to remain in the State party. Austria was working together with Denmark, Greece and the Netherlands to establish a return hub model, but no official agreement had been concluded yet. No person with protection needs would be part of the return hub mode, and application would be in full compliance with international law. All deportations were carried out in line with international law.
Austria had undertaken extensive efforts to receive information from the Syrian authorities in regard to the national who was missing. They had been informed that the person was in pretrial detention by the Syrian authorities but then had no news. Austria remained committed to pursuing these efforts and to cooperating with the Committee on Enforced Disappearances.
Victim identification was a key priority of the Austrian national referral mechanism. The necessary professional support of victims throughout their stay in Austria was a task carried out by the mechanism. The protective measures for potential victims of trafficking were taken in accord with legal provisions. Affected persons received support and counselling from victims’ organizations. Support provided included safe accommodation, legal advice and assistance with social integration. The national action plan against human trafficking strengthened the protection of child victims. Girls aged 15 and above affected by exploitation and forced marriage could be provided with safe accommodation and support.
The foreign labour act significantly reduced the chances of exploitation, enabling foreign actors to gain easier access to the labour market. The Public Employment Service checked income and social protection status for non-European Union workers. Employers who allowed illegal activities could be subjected to prosecution. The Austrian police played a key role in combatting labour exploitation.
There was a project that supported undocumented workers through counselling and network building to ensure they were treated equally under the law, including receiving pension coverage. There was also a measure for migrants with low language skills to help those with limited German skills understand their rights. This programme targeted migrants from Ukraine, the Republic of Moldova and Arab-speaking countries, among others.
Austria granted victims of slavery and human trafficking comprehensive rights, tailored to each individual case. The freedom of information act was in compliance with the Covenant. Due to the act, the State could withhold information for compelling reasons.
In Austria, the protection of journalists from strategic lawsuits against public participation was a key policy. While the country had not been significantly impacted by these lawsuits as such, it believed it needed to be prepared in this regard. Strong measures would be introduced which would provide strict remedies and rights for affected parties.
Under Austrian law, Austrian civilians liable for military service could apply for a declaration of conscientious objection and apply for civilian service. This declaration could be submitted up until the day before military service and from the compulsory military fitness exam when the individual was declared fit for service. During the psychological evaluation, conscripts were required to complete various psychological exams, aimed at accessing the general mental state of the conscript and determining if they were capable of completing general military service and handling a weapon. Conscripts received a variety of information, including career information about the Austrian Armed Forces.
Austrian law provided several possibilities for stateless persons to apply for Austrian citizenship. The current Government provided for the establishment of an efficient, fair and effective statelessness procedure in Austria. Since 1 May 2022, persons born stateless in Austria could apply for Austrian citizenship within three years of reaching the age of 18. The number of stateless persons acquiring citizenship had increased in recent years. In the first half of 2026, 174 people acquired Austrian citizenship.
The 2021 counter terrorism act introduced new measures, including the introduction of electronic surveillance. This was subject to numerous legal safeguards, including that the person under surveillance was required to consent to electronic monitoring, and that surveillance must cease as soon as it was no longer necessary. Data was required to be deleted two weeks afterwards at the latest.
Detention pending deportation of minors was subject to strict legal safeguards and needed to be a measure of last resort. Detention must be necessary, proportionate and subject to judicial review. For minors, the maximum period of detention was three months. In 2026, as of 19 October, only one minor had been held in detention pending deportation for a period of nine days.
A quota-based family reunification provision had entered into force in 2026. In Austria, lay judges were independent in the conducting of their duties. There were specific e-learning programmes for lay judges, which covered topics, including compliance.
Significant progress had been made in modernising Austria’s federal subsidy strategy, ensuring the efficient and transparent allocation of funding.
There was an annual report to monitor the development and participation of women in politics. Empowerment played a key role in increasing the participation of Roma. The national Roma inclusion strategy included a dedicated chapter on participation in public and political life.
Questions by Committee Experts
Committee Experts asked follow-up questions, including relating to accountability for alleged misconduct by law enforcement officials, including displaying identity information; facial recognition; the quota for family reunification; how many children under the age of 14 accompanied their guardians into detention; follow-up given to unaccompanied children; and asylum-seeking children in detention facilities.
Responses by the Delegation
The delegation said police officers wore body cameras and significant legal stipulations required them to identify themselves. Persons with disabilities and their representative organizations actively participated in consultation processes regarding legislation and national action plans.
Closing Statements
ELISABETH HANDL-PETZ, Federal Chancellery of Austria, Vienna, and head of delegation, thanked the Committee for the constructive dialogue. Austria would carefully review the Committee’s conclusions and recommendations and incorporate them into the national process. Ms. Handl-Petz thanked civil society representatives for their contributions to the report and the dialogue, and all the members of the delegation for their efforts.
CHANGROK SOH, Committee Chairperson, thanked the delegation for the constructive dialogue. The Committee welcomed progress, including measures to improve human rights training and Austria’s continuous engagement with human rights mechanisms. At the same time, there were challenges which needed to be addressed, including giving full effect to the Committee’s views, ensuring that surveillance measures had a clear legal basis and adequate safeguards, hate speech, racial profiling and unequal distribution of care responsibilities, among other issues. The Committee appreciated Austria’s efforts to address its concerns and looked forward to the full implementation of the Covenant.
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