Distr.

GENERAL

CRC/C/15/Add.98
7 May 1999

Original: ENGLISH

Concluding observations on the
Committee on the rights of the child : Austria.
07/05/99.

CRC/C/15/Add.98.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Twentieth session

CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations: AUSTRIA

1. The Committee considered the initial report of Austria (CRC/C/11/Add.14)
at its 507th to 509th meetings (see CRC/C/SR.507-509), held on 12 and 13 January
1999, and adopted* (* At the 531st meeting, held on 29 January 1999) the
following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the initial report of the State
party and expresses its appreciation for the clear and comprehensive nature of
the report, which followed closely the Committee's guidelines. The Committee
also takes note of the written answers to the list of issues (CRC/C/Q/AUSTRIA.1)
and the additional information provided to it during the course of the dialogue
and immediately afterwards, which enabled it to assess the situation of the
rights of the child in the State party. The Committee welcomes the constructive
and open dialogue with the State party's delegation, which included a student.

B. Positive aspects

3. The Committee commends the State party on its prohibition of all forms of
corporal punishment through its 1989 ban on "any type of physical or
psychological abuse of children as a means of education" (CRC/C/11/Add.14, para.
256). It also notes additional efforts to increase the protection of children
against abuse, including the adoption of a comprehensive list of measures
against violence in family and society and of an Action Plan against Child Abuse
and against Child Pornography in the Internet. The Committee notes the adoption
in August 1998 of a resolution of the European Union Council on Youth
Participation, at the proposal of the Austrian presidency.

4. The Committee welcomes the establishment of Ombudsman systems for children
and adolescents in each of the nine Länder, and at the federal level.

5. The Committee notes with satisfaction the functioning of a comprehensive
pattern of student representation in the school system.

6. The Committee welcomes the adoption of legislation establishing
extraterritorial jurisdiction for nationals of the State party involved in the
sexual exploitation of children.

C. Principal subjects of concern and the Committee's
recommendations

7. The State party maintains two reservations affecting articles 13 and 15,
and article 17 of the Convention. The Committee takes note of the commitment
of the State party to review its reservations, in the light of the Vienna
Declaration and Programme of Action of 1993, with a view to their
withdrawal.

8. The Committee is concerned that the federal system in the State party may
on occasion pose difficulties for the federal authorities in their effort to
implement the provisions of the Convention while ensuring the principle of
non-discrimination, in accordance with the provisions of article 2 of the
Convention. The Committee urges the State party to ensure that the existing
mechanisms of coordination and reliance on general constitutional principles are
fully utilized so as to protect children fully from any disparity with respect
to areas within the "exclusive competence" of the Länder.

9. The Committee appreciates the diligent review of existing legislation to
examine its conformity with the provisions of the Convention, as requested by a
1992 parliamentary resolution. It notes with satisfaction the State party's
commitment to submit to a parliamentary hearing a proposal to incorporate the
principles and provisions of the Convention in the Constitution, and to invite
the parliaments of the Länder to consider the same possibility in the context of
regional constitutional reforms. The Committee remains concerned about
inconsistencies between domestic legislation and the principles and provisions
of the Convention, especially with regard to the right to family reunification
and some rights of immigrant, asylum-seeking and refugee children. The
Committee recommends that the State party take all necessary measures to ensure
that all its domestic legislation is in full conformity with the principles and
provisions of the Convention, and in particular with articles 9, 10, 20 and
22.

10. The Committee is concerned that no governmental body, at the federal or
the Land level, seems to have a clear mandate to coordinate and monitor the
implementation of the Convention. The Committee recommends that the State
party take all appropriate measures to ensure effective coordination and
monitoring of activities relating to the implementation of the Convention,
at all levels of government.

11. The Committee notes that recent budgetary austerity measures have had an
impact on children and may, in particular, affect the more vulnerable and
disadvantaged groups. While noting the recent decision to undertake a
comprehensive reform of family assistance measures, which should lead to
improvements in financial help to families through increased allowances and tax
deductions, the Committee remains concerned that other budgetary austerity
measures introduced in recent years have not been reversed. While the welfare
system can be considered generous, article 4 of the Convention still imposes an
obligation to seek further improvements, particularly given the comparatively
high level of available resources. The Committee recommends that the State
party take all necessary measures to ensure implementation of economic, social
and cultural rights to the "maximum extent of available resources".

12. The Committee notes that the State party contributes 0.33 per cent of its
gross domestic product (GDP) for international development assistance and has a
specific budget line for children-related projects, for example, support to the
ILO International Programme for the Elimination of Child Labour. The
Committee encourages the State party to consider allocating a fixed percentage
of its international development cooperation funds to programmes and schemes for
children. The Committee also encourages the State party to strive to achieve the
United Nations target of 0.7 per cent of GDP for international development
assistance.

13. Cooperation with and involvement of NGOs in the implementation of the
Convention, including preparation of the reports, remain limited. The
Committee encourages the State party to consider more pro-active measures to
involve NGOs in the implementation of the Convention.

14. While noting initial efforts to disseminate the Convention, the Committee
considers that education and training activities for professional groups need to
be expanded. The Committee recommends that the State party renew its efforts
to disseminate the Convention, in appropriate languages, both to children and to
a broader public. It also recommends that the State party undertake systematic
education and training programmes on the provisions of the Convention for all
professional groups working for and with children, such as judges, lawyers, law
enforcement officials, civil servants, personnel working in institutions and
places of detention for children, teachers, health personnel, including
psychologists, and social workers.

15. Austrian law and regulations do not provide a legal minimum age for
medical counselling and treatment without parental consent. The Committee is
concerned that the requirement of a referral to the courts will dissuade
children from seeking medical attention and be prejudicial to the best interests
of the child. The Committee recommends that, in accordance with the
provisions of articles 3 and 12 of the Convention, an appropriate age and
structures for medical counselling and treatment without parental consent be set
by law.

16. The Committee is concerned about remaining instances of gender
discrimination. The Committee recommends that the State party consider
undertaking an in-depth study of the ages of sexual consent and sexual
relations, taking into account present legislation, its implications and its
impact on children in the light of the principles and provisions of the
Convention, with a view to ensuring that the legislation is as conducive to the
realization of the rights of girls as boys and having due regard to the best
interests of the child.

17. The Committee regrets that forced sterilization of mentally disabled
children is legal with parental consent. The Committee recommends that
existing legislation be reviewed so as to make sterilization of mentally
disabled children require the intervention of the courts, and that care and
counselling services be provided to ensure that this intervention is in
accordance with the provisions of the Convention, especially article 3 on the
best interests of the child and article 12.

18. While noting that studies are under way concerning possible reforms to
the criminal law, the Committee is concerned that existing legislation protects
children from sexual exploitation through pornography or prostitution only up to
the age of 14. The Committee recommends that the State party take all
appropriate measures to ensure that the age of sexual consent does not conflict
with the right of all children to be fully protected from exploitation. In this
regard, the Committee also encourages continued consideration of the
recommendations formulated in the Agenda for Action adopted at the World
Congress against Commercial Sexual Exploitation of Children held in Stockholm in
1996.

19. Regarding article 11, the Committee notes with satisfaction that Austria
is a party to the 1980 European Convention on Recognition and Enforcement of
Decisions concerning Custody of Children and on Restoration of Custody of
Children and to the 1980 Hague Convention on the Civil Aspects of International
Child Abduction. The Committee encourages the State party to promote the
conclusion of bilateral agreements to the same effect with States that are not
parties to the two above-mentioned conventions. The Committee also recommends
that maximum assistance be provided through diplomatic and consular channels, in
order to solve cases of illicit transfer and non-return of children arising in
such States, in the best interests of the children involved.

20. The Committee is concerned about the extended time-frame for the review
of placement ordered by the courts for mentally ill children. The Committee
encourages the State party, in determining the periodicity for the review of
placement, to consider the principles and provisions of the Convention, in
particular the best interests of the child.

21. Regional disparities, including differences between rural and urban
areas, exist in the provision of rehabilitation services for abused children.
The Committee recommends that the State party take all appropriate measures
to implement fully the right of the child to physical and psychological recovery
and social reintegration, in accordance with article 39 of the Convention.

22. The Committee takes note of the efforts of the State party to integrate
children with disabilities by providing a wide range of services. The
Committee encourages the State party to continue its efforts to promote the
social inclusion of children with disabilities, in accordance with article 23 of
the Convention.

23. The Committee is concerned that, in spite of the provision of additional
financial resources, the number of places available in services such as
kindergarten and pre-school facilities appears to be inadequate. In the light
of article 18.3, the Committee recommends that the State party take all
appropriate measures to increase the number of places in kindergarten and
pre-school facilities, such as day care.

24. The Committee shares the State party's concern that "a large number of
children in Austria are living on the edge of poverty" (CRC/C/11/Add.14, para.
373), and the increase in family allowances and tax deductions planned for 1999
and 2000 may not be sufficient to prevent poverty. The Committee recommends
that all appropriate measures be taken to prevent poverty in the light of the
principles and provisions of the Convention, especially its articles 2, 3, 6, 26
and 27.

25. Noting that in the school curriculum "civic education" incorporates,
inter alia, human rights and children's rights, but does not appear to
refer specifically to the Convention, the Committee encourages the State
party to include specific information on the provisions of the Convention in its
school curriculum.

26. The Committee notes that budgetary austerity measures have affected the
working of the school system, for example by introducing some family
contributions for school books and enrichment activities, or by reducing the
choice of optional subjects. The Committee recommends that these measures be
examined carefully with regard to their impact on the progressive implementation
of the child's right to education and leisure activities, in accordance with
articles 28, 29 and 31 of the Convention, and in particular so as to limit their
impact on the most vulnerable and disadvantaged groups.

27. Notwithstanding the 1997 Alien's Act requirement to use "more lenient
means when minors are involved", the Committee is seriously concerned about
legislation which permits the detention of asylum-seeking children pending
deportation. The Committee urges the State party to reconsider the practice
of detaining asylum-seeking children, and that such children be treated in
accordance with the best interests of the child and in the light of the
provisions of articles 20 and 22 of the Convention.

28. The Committee is concerned that domestic legislation permits children
from the age of 12 to be involved in light work, and recommends that the
State party consider ratifying ILO Convention (No. 138) concerning Minimum Age
for Admission to Employment and changing its domestic legislation
accordingly.

29. With regard to juvenile justice, the Committee remains concerned about
the lack of disaggregated statistics on types of offence, length of sentences,
length of pre-trial detention, etc. The Committee requests that further
information on the situation of children in prison be provided and urges the
State party to ensure the full compatibility of the juvenile justice system with
the Convention, especially articles 37, 40 and 39, as well as with other
relevant international standards in this area, such as the Beijing Rules, the
Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty.

30. While acknowledging the steps taken to ensure the rights of children
belonging to minorities, and in particular the projects providing school
assistance and linguistic and cultural support to children belonging to the Roma
group, the Committee remains concerned about social and other discrimination
faced by children belonging to the Roma and other minorities, and in particular
by those belonging to groups that do not enjoy the constitutional status of
"ethnic groups" (see CRC/C/11/Add.14, para. 517). The Committee recommends
that the State party take all appropriate measures to protect and ensure the
rights of Roma, Sinti and other minority children, including protection from all
types of discrimination, in accordance with articles 2 and 30 of the
Convention.

31. Lastly, in the light of article 44, paragraph 6, of the Convention, the
Committee recommends that the initial report and written replies submitted by
the State party be made widely available to the public, along with the summary
records of the relevant meetings and the concluding observations adopted by the
Committee. Such wide distribution should generate debate and awareness of the
Convention and the state of its implementation, particularly within the
Government, the relevant ministries, the parliament and non-governmental
organizations.

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Nations High Commissioner for Human Rights
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