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Concluding Observations, CCPR/C/AUT/CO/5, 3 November 2015: Austria

B. Positive aspects

3. The Committee welcomes the following legislative and institutional steps taken by the State party:

(b) The establishment of the Vienna Anti-discrimination Office for Same-sex and Transgender Lifestyles, tasked with eliminating discrimination against lesbian, gay, bisexual, transgender and intersex persons;

C. Principal matters of concern and recommendations

Anti-discrimination framework

11. The Committee is concerned that the multiple pieces of anti-discrimination legislation and institutions at the federal and provincial levels may negatively affect the ability of victims to claim their rights and obtain a remedy. It is also concerned that the Federal Equal Treatment Act fails to afford equal protection against all forms of discrimination and notes in particular the lack of protection against discrimination on the basis of religion and belief, age, sexual orientation and gender identity in gaining access to goods and services (arts. 2 and 26).

12. The State party should consider amending the Equal Treatment Act, the Employment of Disabled Persons Act, the Equality of Disabled Persons Act and relevant provincial laws, with a view to ensuring equal substantive and procedural protection against discrimination with regard to all prohibited grounds of discrimination in the private and public sector.

Link to full text of the report: Concluding Observations-CCPR-Austria-2015-eng