1 December 2005
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
7 – 25 November 2005
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLES 16 AND 17 OF THE COVENANT
AUSTRIAConcluding Observations of the Committee on
Economic, Social and Cultural Rights
B. POSITIVE ASPECTS
C. FACTORS AND DIFFICULTIES IMPEDING THE IMPLEMENTATION OF THE COVENANT
D. PRINCIPAL SUBJECTS OF CONCERN
The Committee notes with concern that the Covenant is not directly applicable in the State party and that the rights recognized in the Covenant cannot directly be invoked by individuals in courts, as reflected by the absence of court decisions containing references to the Covenant. The Committee expresses its deep concern about the persistence of racist and xenophobic attitudes among some sectors of the population.
The Committee notes with concern that, despite the recent amendment of the Federal Law on Equal Treatment extending its scope of application to all working environments, women are disproportionately represented in poorly paid part-time jobs and often receive lower remuneration than men for equal work.
The Committee is concerned about the fact that the wages fixed in certain collective agreements reportedly fall far below and sometimes do not even reach 50 percent of the average net wage in the labour market.
The Committee notes with concern that foreign workers cannot stand for election to work councils unless they are nationals of a member State of the European Union or of the European Economic Area.
The Committee is concerned about the lack of childcare facilities for children under the age of three years and of effective measures to facilitate the re-entry of women into the labour market following parental leave.
The Committee is deeply concerned that 13 percent of the population and 18 percent of the families with many children are exposed to poverty and that, if the State party were not to pay social benefits, the extent of poverty among the population would be even more alarming.
The Committee is concerned about reports that social assistance benefits provided to asylum seekers are often considerably lower than those received by citizens of the State party.
The Committee deplores the high rates of tobacco and alcohol consumption, as well as the abuse of illicit drugs such as cannabis, especially among minors.
The Committee is concerned about the introduction of university tuition fees in 2001 and the related decrease in the number of first-year university students.
The Committee notes with concern the low representation of women in university teaching posts.
19. The Committee recommends to the Sate party to consider the adoption of a comprehensive national human rights action plan and the establishment of a national human rights institution, in accordance with the Paris Principles of 1991, with a view to promoting, inter alia, the role of civil society in protecting economic, social and cultural rights.
20. The Committee urges the State party to ensure that the provisions of the Covenant are given effect to by its domestic courts, that legal and judicial training takes full account of the justiciability of all Covenant rights, as defined in the Committee’s General Comments, and that it promotes the use of the Covenant as a domestic source of law. The Committee draws the attention of the State party to General Comment No. 9 on the domestic application of the Covenant and invites the State party to include, in its fourth periodic report, information on case-law concerning the rights recognized in the Covenant.
21. The Committee calls on the State party to continue and intensify its efforts to promote tolerance and respect for cultural diversity, through school education, training of police officers and other State employees, and awareness-raising campaigns aimed at the general public.
22. The Committee recommends that the State party adopt measures to enforce the principle of equal pay for equal work, as well as enact legislation to strengthen the protection of persons working under atypical employment contracts, and that it intensify its efforts in the field of qualification programmes for women working in low-paid jobs and unemployed women.
23. While noting the principle of neutrality of the State in the collective bargaining process, the Committee urges the State party to ensure that any wages negotiated in collective agreements must secure workers and employees a decent living for themselves and their families, in accordance with article 7 (a) (ii) of the Covenant.
24. The Committee recommends that the State party consider amending its legislation to ensure that foreign workers who are not nationals of a member State of the European Union or of the European Economic Area have the right to stand for election to work councils.
25. The Committee requests the State party to provide, in its next periodic report, detailed information on the implementation of the Law on the Harmonization of Pensions of 2005 which takes the entire professional career as the basis for calculating old-age pension benefits. The Committee further requests the State party to provide it with comparative statistical data on the levels of old-age pensions, disaggregated by sex, number of children, income groups and other relevant criteria, so as to enable an assessment of the impact of the Lawon the pension benefits of women and of members of disadvantaged and marginalized groups who are frequently exposed to interruptions of their professional careers.
26. The Committee urges the State party to adopt effective measures to reconcile professional and family life for women and men by increasing the capacity of childcare facilities for children under the age of three years, promoting training measures to facilitate the re-entry of women into the labour market following parental leave, and providing incentives for the use of parental leave by fathers.
27. The Committee recommends to the State party, in its efforts to combat poverty, to strengthen its support for families with many children and to consider introducing a minimum guaranteed income for everyone without a sufficient source of income.
28. The Committee urges the State party to ensure that adequate alternative housing is provided in all of its provinces whenever forced evictions take place, in line with the Committee’s General Comment No. 7, and to include updated statistical data on an annual basis on the number of forced evictions, arrangements for alternative housing and the extent of homelessness in its next report.
29. The Committee calls on the State party to ensure that adequate social support is provided to asylum seekers throughout their asylum proceedings.
30. The Committee recommends to the State party to educate young people about the risks of drug abuse and of tobacco and alcohol consumption, to intensify its campaigns against such abuse and excessive consumption, as well as its information campaigns for children, parents, teachers and the general public, and to ensure that adequate counselling services are available to all persons affected by drug, tobacco or alcohol addiction.
31. The Committee urges the State party to ensure by all appropriate means, in particular through a comprehensive system of adequate study grants, that applicants from low- income families have equal access to higher education as applicants from higher income families.
32. The Committee recommends to the State party to take initiatives in providing more opportunities for women, with a view to encouraging them to undertake academic careers.
33. The Committee encourages the State party to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
34. The Committee requests the State party to disseminate the present concluding observations widely among all levels of society and to inform the Committee on all steps taken to implement the recommendations contained therein in its next periodic report. It also encourages the State party to engage non-governmental organizations and other members of civil society in the process of discussion at the national level prior to the submission of its next periodic report.
35. Finally, the Committee requests the State party to submit its fourth periodic report by 30 June 2010.
CESCR, General Comment 7 (1997), The right to adequate housing: forced evictions (art. 11 (1) of the Covenant), at para. 16.