Austria Hailed for New Hate Crime Definition

CoE/ECRI

The European Commission against racism and intolerance (ECRI), a Council of Europe independent monitoring body, has published its latest report on Austria, which welcomes positive developments while encouraging further efforts to tackle racist and other forms of hate speech and hate crime, as well as supporting equal treatment and inclusion in the education and health sectors.

Key progress in tackling hate

Since the adoption of ECRI's sixth report on Austria in 2020, progress has been achieved in several areas. ECRI welcomes improvements in the electronic recording of hate incidents and hate-crime data collection. In November 2020, the Ministry of the Interior introduced guidance including a definition of hate crime, a system of "bias indicators" and enhanced data quality management. More recently, last year, the Ministry of Justice issued a decree calling for a more precise categorisation of hate crimes.

ECRI also welcomes steps taken to strengthen efforts against discrimination affecting LGBTI persons. The Federal Ministry for Labour, Social Affairs, Health, Care and Consumer Protection has provided financial support to a civil-society initiative that organises workshops in schools aimed at countering prejudice and raising awareness of the challenges faced by LGBTI persons in Austria. ECRI welcomes research undertaken about discrimination in healthcare, including a 2022 government-published survey on the health of LGBTIQ+ persons in Austria.

In addition, the ECRI report highlights positive developments for access to healthcare in the city of Vienna, where the Institute for women's and men's health implements workplace health promotion projects for vulnerable target groups in a range of languages.

Antisemitism and anti-Muslim discourse pose challenges

At the same time, the report points to concerns. ECRI notes that racist, including anti-Muslim discourse, antisemitic incidents, and hate speech online continue to pose challenges. The report also highlights the negative climate in public debate surrounding migrants, refugees and asylum seekers.

The report further notes the need for continued efforts to ensure equal treatment and inclusion of groups vulnerable to discrimination in schools, including pupils of African descent and Muslim schoolgirls.

In addition, ECRI refers to medical practices that are still reportedly geared towards the early surgical removal of "disturbing" sexual characteristics, in situations where the lives and well-being of intersex children are rarely at risk.

ECRI's report moreover points to inconsistencies between provincial equal-treatment laws and shortcomings in federal equality legislation, which have negative consequences for the equal treatment of groups vulnerable to discrimination, notably in the areas of education and healthcare.

While acknowledging efforts taken by Austria's authorities in recent years, ECRI stresses that sustained political commitment and co-operation with civil society remain essential to effectively combat racism, intolerance and related discrimination.

What requests have been made to the Austrian authorities?

ECRI has asked that Austria:

  • develop a national action plan against hate speech and hate crime, which addresses all forms of racism and intolerance, and allocate appropriate financing for its implementation and regular evaluation;

  • prepare and bring to Parliament a comprehensive bill aimed at prohibiting any medical intervention on a person's sex characteristics without appropriate safeguards;

  • review school textbook content pertaining to Africa, Africans and people of African descent;

  • commission independent reviews of relevant provisions of the school education legislation as well as of federal and provincial laws pertaining to equal treatment with the objective of making necessary proposals for appropriate legislative changes.

This latest report on Austria forms part of ECRI's regular country monitoring work across Council of Europe member states.

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