Abstract: The implementation of the EU equal treatment Directives remains a significant challenge for Austria. Due to the federal structure, there is no uniform regulatory standard: there are more than 30 equal treatment and anti-discrimination laws differing in scope, sanctions and enforcement status. Thus, people exposed to discrimination face multiple problems in enforcing their rights. Human rights committees have criticised the complexity of the Austrian regulatory regime ever since. The fragmentation is also evident in the institutional architecture: The equality bodies at federal and federal state level differ considerably regarding mandate, resources and procedural capacities. As EU Directives provide only for minimum standards, the revised General Policy Recommendation No. 2: EQUALITY BODIES TO COMBAT RACISM AND INTOLRANCE AT NATIONAL LEVEL is crucial to ensure a coherent institutional architecture. The Recommendation, adopted by the European Commission against Racism and Intolerance (ECRI) in December 2017, is a benchmark for the Austrian equality bodies regarding their mandate, independence and effectiveness. In my presentation, I will compare the status quo at the federal level with the core principles of the revised Recommendation No. 2 and point out the need for reform in Austria.
ECRI-Standards: A Benchmark for Austrian Equality Bodies
debatteSilvia Ulrich11On a personal note: In 1991, Ingrid Nikolay-Leitner was entrusted with the task of establishing the Ombud for Equal Treatment. At the same time, the struggle for adequate legal protection at universities started. We were convinced that the constitutional promise of equality could only be fulfilled through effective protection against discrimination. It was a strong patriarchal headwind we were facing during this initial phase and it was good to know that we were not alone. But it was worth all the effort: When it comes to employment and occupation, the Ombud for Equal Treatment is today’s most important player for equality and non-discrimination in Austria. And at the universities, equality bodies exist with a broad mandate and with effective instruments of control to ensure equal treatment in the academic world.juridikum 2018, 477 Heft 4 v. 1.12.2018
