right to education

The Federal Equality Act aims at creating equality throughout various service agreements (see Section 1) the Federal Government might have with individuals. The main body no. 1 (1. Hauptstück) focuses on the equal treatment of men and women (Section 3). Section 7(2) states that job advertisements should be written in such a way that they equally refer to both men and women and do not contain details that could lead to the conclusion that the advertisement is only for one gender.

Article 7(1) states that all citizens are equal before the law and prohibits sex-based privileges (among other factors). Article 7(2) states that the federal government and all federal  states and municipalities affirm actual equality between women and men. It further stresses that measures to achieve factual equality between women and men are legal. Regarding job titles or academic titles, Article 7(3) requires that the gendered nouns in those titles reflect the gender of the respective holder are in accordance with law.

The Child Care, Protection, and Justice Act regulates the care and protection of children, including regulation of: the responsibilities and rights of parents; the role of local authorities; prohibiting harmful practices; procedures when children are accused of crimes; establishment of a child justice court system; and general child welfare. Under Section 78, no child can be taken without the consent of a parent of custodial figure. Punishment for such a crime is up to 10 years imprisonment.

Article 638 defines parental responsibility as the set of parental duties and rights relating to the person and property of the children for the children’s protection, development, and education while they are minors. These responsibilities are governed by three principles set out in article 639: a) the best interests of the child; b) the progressive autonomy of the child based on his or her psychophysical characteristics, aptitudes, and development.

In recognition of the inherent dignity and worth of each human, Article 12 requires that the State and all persons recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups, and minorities. All persons have equal status before the law. Limitations of rights are only justifiable insofar as they ensure peaceful human interaction in the context of an open and democratic society.

This Act is a comprehensive act that replaced several pieces of legislation, including the Sex Discrimination Act of 1975. In general, The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society, and provides equality provisions, including the following:

In this case, the applicant brought an action against the instructor in a vocational course for making, among other things, sexually crude comments to or in the presence of the applicant and incessantly harassing her. Austria’s Equal Treatment Commission (the “Commission”) concluded that this amounted to sexual harassment in violation of Section 6 para. 1 no. 4 of the Federal Equal Treatment Act (Bundesgleichbehandlungsgesetz).

The Gender Equality Act promotes gender equality for men and women in all parts of society, and seeks to prohibit and provide redress for sex discrimination, harmful practices (including social, cultural, or religious practices that are physically or sexually harmful) and sexual harassment. Under the Act, persons (and the government) are prohibited from treating people less favorably than they would otherwise due to sex. The law defines and criminalizes sexual harassment, including workplace harassment.

The Act regulates sexually transmitted diseases including HIV, provides information for treatment of HIV, and provides punishment for violations. §18.3 of the Act provides that the Ministry of Health and Social Welfare, the Ministry of Education, and the Ministry of Youth and Sports shall provide education on the prevention and control of HIV. §18.4-18.5 provide that educating the public regarding HIV and AIDS is part of the national response, and the government shall train all relevant personnel.

Among other aspects, this act aims at ensuring gender equality in various areas of life, for instance, in the workplace. It addresses issues like equal opportunities for men and women as well as sexual harassment in the workplace. It also lists the authorities a person may turn to if  they feel they are being discriminated against. Notable is the shift of the burden of proof in Section 25: a discrimination claimant only has to credibly substantiate the claim, whereas the defending party has to prove that there was no discrimination.