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Austria

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

Austria signed the UN CRPD and the Optional Protocol on 30 March 2007 in New York. The Parliament ratified the Convention and the Protocol in July 2008. The ratification deed was deposited by the Secretary-General of the UN on 26 September 2010. According to Art. 45(2) both instruments entered into force for the Republic of Austria on 26 October 2008 and were published on 23 October 2008 in the Federal Law Gazette (BGBl. III Nr. 155/2008). As a consequence of the first State review in 2013, the Austrian Government initiated a review of the German translation of the UN-CRPD. A working group including persons with disabilities and their representative organisations elaborated a reviewed version of the UN-CRPD which was officially published in the Federal Law Gazette in June 2016 (BGBl. III Nr. 105/2016).

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Update date: Tue, 2019-04-09

A2. Ratification or accession to the Optional Protocol

Austria signed the UN CRPD and the Optional Protocol on 30 March 2007 in New York. The Parliament ratified the Convention and the Protocol in July 2008. The ratification deed was deposited by the Secretary-General of the UN on 26 September 2010. According to Art. 45(2) both instruments entered into force for the Republic of Austria on 26 October 2008 and were published on 23 October 2008 in the Federal Law Gazette (BGBl. III Nr. 155/2008) which was revised and officially published in June 2016 (BGBl. III Nr. 105/2016).

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Update date: Tue, 2019-04-09

A3. Declarations, Reservations and Objections

There were no declarations or reservations on the Austrian part to the Convention or the Protocol but Austria raised an objection to the reservation made by El Salvador.

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Update date: Tue, 2019-04-09

A4. Comprehensive review

After the ratification of the UN CRPD, the Austrian government established a Committee for the monitoring of the implementation of the UN CRPD. In the explanatory remarks of the Federal Law for the establishment of this Monitoring Committee it is stated: 'It has to be assumed that the specific rights which are set in the agreement are already established by law in the Austrian legal system in terms of content before signing of the UN Convention.'

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Update date: Tue, 2019-04-09

A5. Focal point

In Austria, the Federal Ministry of Labour, Social Affairs and Consumer Protection is the governmental focal point at the federal level. In most of the nine provinces (Laender) regional focal points have been established.

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Update date: Tue, 2019-04-09

A6. Coordination mechanism

The Ministry of Labour, Social Affairs, Health and Consumer Protection is the coordinating body for the UN CRPD.

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Update date: Tue, 2019-04-09

A7. Independent mechanism

The 2008 Federal Disability Act established the Independent Monitoring Committee for the implementation of the UN CRPD as a committee of the Federal Disability Advisory Board at the Federal Ministry of Labour, Social Affairs and Consumer Protection. Its members are representatives of disabled people's organisations, NGOs in the fields of human rights and international development as well as one academic representative. The duties of the Monitoring Committee are to report to the Federal Disability Advisory Board, to make statements and recommendations on the rights of people with disabilities and to ask administrative bodies for statements in individual cases. The Independent Monitoring Committee started its work in 2009 and has since published several statements on different areas of Austrian disability policy. On the basis of a decision of the National Parliament, the Independent Committee was registered as an association in December 2017. It now has its own budget and is independent of the Federal Government.
All provinces established some kind of monitoring by December 2015, however, the competences of the monitoring bodies vary considerably.
In 2018, the Independent Monitoring Committee together with the regional monitoring bodies of the provinces submitted a comprehensive monitoring report for the second state review of Austria.

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Update date: Tue, 2019-04-09

A8. Official reporting

The first comprehensive State report on the implementation of the UN CRPD in Austria was due on 26 October 2010. In accordance with Art. 35 (1) the report was adopted by the federal government on 5 October 2010 and was submitted on time. In April 2013 the UN- CRPD Committee met with an Austrian NGO-Delegation for a dialogue. Subsequently a list of issues was published by the Committee that was replied to by the State as well as by Austrian NGOs. The first state review took place in September 2013. It included a comprehensive dialogue between the UN-CRPD Committee and the official Austrian State delegation. Concluding observations and recommendations were issued by the UN-CRPD Committee after the review. The second state review was scheduled for 2018 but postponed to 2019 by the Austrian government because of its EU presidency in 2018. A List of issues prior to submission of the combined second and third periodic reports of Austria was published in October 2018.

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Update date: Tue, 2019-04-09

A9. Shadow reporting

Prior to the second state review, several shadow reports were submitted by national Austrian as well as international organisations. The Austrian Disability Council provided a second comprehensive alternative report on the implementation of the UN CRPD. The Independent Monitoring Committee together with regional monitoring bodies of the provinces submitted a comprehensive review. The Austrian Ombudsman Board submitted a written contribution. Autistic Minority International as well as 'StopIGM.org' submitted statements on selected issues.

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Update date: Tue, 2019-04-09

B. General legal framework

B1. Anti-discrimination legislation

In 1997, an anti-discrimination clause and a commitment by the Republic to the equal treatment of disabled and non-disabled people were amended to the federal constitutional law, which states that: ’Nobody may be discriminated against because of his or her disability. The Republic (federal government, the provinces and local authorities) commits itself to guaranteeing the equal treatment of disabled and non-disabled persons in all fields of everyday life.’ This constitutional clause may only be considered a political declaration of will and did not directly become effective; regulations needed to be implemented into further legal acts. Furthermore, it is relevant when a legal act is approved by the Austrian Constitutional Court, and questions arise as to whether the act is in line with the Constitution. At the beginning of 2006, the Disability Equality Act was introduced and an amendment to the Disability Employment Act came into force, as well as an amendment to the Federal Disability Act. The latter creates the position of the Federal Disability Ombudsman (section 13b ff. Federal Disability Act). The Federal Disability Equality Act provides protection against direct and indirect discrimination in the whole administration of the Federation including the Federation as bearer of private rights (Section 2 paragraph 1 Federal Disability Equality Act). The Federal Disability Equality Act also covers protection against discrimination regarding access to and supply of goods and services available to the public as far as the matter is covered by Federal competence. This includes all legal relationships, their initiation and conclusion as well as claiming of benefits outside a legal relationship (section 2, paragraph 2 of the Federal Disability Equality Act). There is no legal requirement that discrimination must be eliminated; there is an entitlement to compensation for individual damages. On the basis of the First State Review, the UN-CRPD Committee "recommends that the discrimination laws be strengthened by broadening the available remedies to include other remedies that require a change of behaviour in people who discriminate against persons with disabilities, such as injunctive powers. The Committee recommends that the State party examine the appropriateness of the current structures used to deal with situations of multiple discrimination."
As of 1 January 2018 the following changes of the Federal Disability Equality Act came into effect:

  • Injunctive relief in cases of harassment;
  • Class action suits may be taken to the Court not only by the Austrian Disability Council but also by the Federal Disability Ombudsman and by the Austrian Litigation Association of NGOs Against Discrimination;
  • Injunctive relief, as well as the elimination of discrimination, may be enforced against big incorporated companies.

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Update date: Tue, 2019-04-09

B2. Recognition of legal capacity

The General Civil Code distinguishes between legal capacity (section 16 General Civil Code) and the capacity to act. A person’s capacity to act includes the capacity to contract (section 865 General Civil Code) and to be found guilty of a crime (sections 15 and 1307ff. General Civil Code). Adults are considered capable of contracting and managing if they are able to arrange their affairs in a reasonable way and to comply with laws. People who are not able to foresee the consequences of their actions due to their age, their reduced cognitive abilities or reduced consciousness are considered not, or only partially capable of acting. Such people come under special legal protection. On the basis of the First State Review, the UN-CRPD Committee recommended that substituted decision making be replaced with supported decision making. The Committee recommended that Austria should do more to ensure that persons with disabilities have access to supported decision-making and are not placed under guardianship. The Committee recommended that supported decision making structures should respect the person’s autonomy, will and preferences, and be in full conformity with Article 12 of the UN Convention, including with respect to the individual's right, in his/her own capacity, to give and withdraw informed consent for medical treatment, to access justice, to vote, to marry, to work, and to choose a place of residence. The Committee also recommended that disabled persons organizations be involved in all aspects of the pilot program on supported decision-making. The Committee further recommended that the State party provide training, in consultation and cooperation with persons with disabilities and their representative organizations of persons with disabilities, at the national, regional and local levels for all actors, including civil servants, judges, and social workers, on the recognition of the legal capacity of persons with disabilities and on mechanisms of supported decision-making.
In March 2017, the Austrian National Council passed a new Adult Protection Law which came into effect on 1 July 2018. This act replaces the former Guardianship Law and was developed in a participatory process that involved persons with disabilities and their representative organisations. Now, the capacity to contract can only be restricted in justified individual cases for a limited period. There are four representation models at choice now:

  • Power of Attorney: an individual may delegate independently and freely authority to make decisions on his/her behalf;
  • Elected adult representation: a representative is chosen freely (this requires the capacity to do this);
  • Legal adult representation: the representation possibility depends on the relative status;
  • Court-ordered adult representation: can only be applied as a last resort if all other alternatives are not possible, and ends at the latest after three years.

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Update date: Tue, 2019-04-09

B3. Accessibility of voting and elections

The right to full political participation is enshrined in the Austrian Constitution. No particular group of people with disabilities is denied the right to vote. Election regulations for the National Parliament say that blind people and persons with visual impairments or physical disabilities should be able to access polling stations with their personal assistants. It is up to the election authorities, however, to decide individually whether personal assistants or persons of trust are allowed to accompany persons with disabilities into the polling booth. There is no overview on how far polling stations should be accessible for people with mobility or visual impairments. No comprehensive overview is available of the regulations for other elections (e.g. for the provincial governments).

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Update date: Tue, 2019-04-09

B4. Official recognition of sign language

In September 2005, sign language was constitutionally recognised as an official language in Austria (Art. 8 (3) Federal Constitutional Law). Further details regarding the provision of sign language have been implemented for civil court procedures (§ 73a Law for Civil Court Procedures) and criminal court procedures (56 (2) Law for Criminal Court Procedures) as well as for administrative procedures (General Administration Procedure Act) in the relevant laws.

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Update date: Tue, 2019-04-09

B5. National disability strategy and action plan

In July 2012, the “National Action Plan on Disability 2012 – 2020: Strategy of the Austrian Federal Government for the implementation of the Disability Rights Convention. Inclusion as a human right and a mandate” was passed by the Council of Ministers. This National Action Plan is the new Disability Strategy of the Federal Government and does not include responsibilities of the Provincial Governments (Laender).
The National Action Plan on Disability includes the following eight main topics with specific subchapters: Disability Policy; Protection against discrimination; Accessibility; Education; Employment; Living Independently; Health and Rehabilitation; Awareness-Raising and Information. The development of the National Action Plan on Disability has been guided by the UN CRPD as well as by the European Disability Strategy 2010-2020. A regional action plan is available in Styria that covers the competences of the province of Styria.
In 2016, an interim report which considers the implementation up to the end of 2015 was published. It is based on self-reports by all Ministries that were collected and published by the Social Ministry. A traffic light labelling systems (green, yellow, red) indicates at first glance if a measure has been implemented. The interim report also includes a comprehensive interim statement of the Austrian Disability Council that was added as a second part of the report.

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Update date: Tue, 2019-04-09

C. Accessibility

C1. Transport accessibility

Accessibility of all kind of public transport services is covered by the Federal Disability Equality Act. The Act defines as ‘accessible’ a means of transport that can be used by people with disabilities without any particular difficulty and, in principle, without any external help. Every public transport company had to design a step-by-step plan for making all of their facilities accessible by the end of 2015. The Federal Disability Act provides a claim for financial compensation of the material or immaterial damage suffered in the case of discrimination. As of 1 January 2018 the following changes of the Federal Disability Equality Act came into effect that might be applicable to transport companies:

  • Class action suits may be taken to the Court not only by the Austrian Disability Council but also by the Federal Disability Ombudsman and by the Austrian Litigation Association of NGOs Against Discrimination;
  • Injunctive relief, as well as the elimination of discrimination, may be enforced against big incorporated companies.

A blind man submitted a complaint to the UNCRPD Committee under the optional protocol which was replied to in 2015. The UNCRPD Committee has recommended Austria to improve accessibility of written information with regard to public transportation.

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Update date: Tue, 2019-04-09

C2. Built environment accessibility

Accessibility of the built environment is covered by the Federal Disability Equality Act as far as federal buildings and private businesses are concerned. The Act says that access is given if buildings or services offered to the public can be used by people with disabilities without any particular difficulty and in principle without any outside help. According to the Federal Disability Act, a step-by-step plan was established to make all federal buildings accessible by the end of 2015. In 2010, the federal government introduced the option to postpone this deadline until 2019 in the framework of consolidating the budget. The Federal Disability Equality Act provides grounds for a claim to compensation for facing barriers but it does not provide any obligation or claim to remove barriers. Due to the long period of transition for the implementation of the Act by 2015, steps to eliminate physical barriers are taken at the discretion of businesses in line with their economic priorities. Apart from Federal buildings, building laws are the responsibility of the nine provinces and nine further laws cover the issue of accessibility differently. Additionally, each province has individual technical regulations for planning and buildings. The provincial laws as well as the technical regulations deal with accessibility quite differently with regard to standards and quality, for private as well as for public buildings. No comprehensive overview is available on the overall situation in Austria. In 2005, the Austrian Parliament passed a resolution that requested the Minister for Social Affairs to negotiate with the provinces for a unified contract for accessibility provisions in the planning and building laws. This led to standard guidelines on accessibility for planning and building which were developed by the Austrian Institute for structural engineering in 2007 and which were also agreed upon with all provinces. In 2015 the guidelines for user security and accessibility were changed. According to the second Alternative Report for the next state review by the UN CRPD Committee, legal regulations with regard to making buildings and public spaces accessible have deteriorated in some provinces since the first state review in 2013.

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Update date: Tue, 2019-04-09

C3. ICT and Web accessibility

Accessibility of information processing is covered by the Federal Disability Equality Act as far as federal responsibilities and private businesses are concerned. The Federal Disability Act does not establish any obligation for removing barriers in the case of discrimination, it only provides a claim for a low level of compensation. Austria signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled but has not ratified it.

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Update date: Tue, 2019-04-09

D. Independent living

D1. Choice of living arrangements

Support services for people with disabilities are the responsibility of the nine Austrian provinces (Laender). Each province has its own law that defines and regulates such services. None of the nine provincial laws obliges people with disabilities to live in a particular living arrangement, but none of them includes a legal right to live independently in the community either. In many cases, persons with disabilities cannot choose between different living arrangements but have to take the place that is available. No general overview is available on which services are provided in the nine provinces, but there is usually a variety of special housing services: personal assistance, attended housing, shared apartments with attendance, institutional care or residential homes. In 2016, 2,621 people with disabilities younger than 60 years lived in care homes for the elderly. There are major differences between larger towns and rural regions with regard to the availability of services. In its introduction to the chapter on Independent Living, the National Action Plan on Disability 2012-2020 generally describes this situation.

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Update date: Tue, 2019-04-09

D2. De-institutionalisation

In Austria, the term de-institutionalisation has so far mainly been used to refer to moving people with disabilities out of psychiatric hospitals. In 1991, the so-called Placement Act came into force that regulates the placement of people in psychiatric hospitals. However, the National Action Plan on Disability 2012-2020 emphasises the necessity of a more comprehensive programme for de-institutionalisation in all Austrian provinces (Laender). It states that large institutions should be reduced and that individual support services should be built up. The National Action Plan does not include any particular measures to obtain this goal. On the basis of the First State Review, the UN CRPD Committee recommends that "the State party shall ensure that the Federal Government and the Governments of the Länder place greater efforts on de-institutionalisation and in allowing persons with disabilities to choose where they live." The Independent Monitoring Committee as well as the Monitoring Bodies in the provinces and the Austrian Ombudsman Board have repeatedly criticised the lack of efforts towards de-institutionalisation.

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Update date: Tue, 2019-04-09

D3. Quality of social services

In 2012, the Austrian Ombudsman Board (AOB) took over new responsibilities based on the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) as well as the UN CPRD. The AOB and controlling commissions established by the AOB undertake preventive measures to ensure compliance with and implementation of these two international treaties. The new investigative mandate extends to all institutions and facilities where people with and without disabilities are in danger of abuse, inhuman treatment and measures that deprive or may deprive them of their liberty. Experts from different disciplines carry out the visits in these institutions and facilities. They collect information and facts and evaluate them as set out in the international treaties. The AOB and its Commissions undertake this responsibility as the so-called National Preventive Mechanism (NPM). This also includes the prevention of any form of exploitation, violence and abuse in institutions and facilities designed to serve people with disabilities as outlines in Art. 16 of the UN CRPD. The Austrian Ombudsman Board publishes an annual report on the activities of the NPM that includes a chapter on institutions and facilities for persons with disabilities.

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Update date: Tue, 2019-04-09

D4. Provision of assistive devices at home

The principle of causality is decisive for which insurance or which official authority is concerned with financing assistive equipment and adaptations for people with disabilities. Health, pension and work insurance institutions are responsible as well as the Social Ministry Service and the authorities for social affairs in the nine provinces. In many cases several authorities are responsible for financing special equipment. People with disabilities who work are generally advantaged because there are additional funds for providing them with assistive technology or for financing adaptations at the workplace as well as at home. There is provision of rehabilitation and assistive equipment for work-related accidents. Work accidents are covered by the AUVA (Allgemeine Unfall-Versicherungs-Anstalt = General Accident Insurance Institute). The AUVA is the national accident insurance company and all people who are gainfully employed must pay for this obligatory insurance. Children born with a disability and adults with disabilities who do not work are not covered by this insurance. So they have to apply for funding at the social service departments of their respective provinces to receive assistive equipment, e.g. electric wheelchairs. In many cases private donations are necessary to finance assistive devices for children or for adults who are not gainfully employed. The National Action Plan on Disability 2012-2020 includes a sub-chapter on assistive devices. To improve the provision of assistive devices for people with disabilities, it proposes four measures:

  1. Closer cooperation between all institutions and authorities that fund assistive devices;
  2. Creation of contact-points for people with disabilities on assistive devices, especially for children with disabilities;
  3. Closing the gaps in the funding of assistive devices for people with disabilities;
  4. Maintaining the existing online databank on assistive devices.

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Update date: Tue, 2019-04-09

D5. Availability of personal assistance schemes

Apart from Personal Assistance at the Workplace, which is a national programme, all support services are regulated and funded individually by the nine provinces. Personal Assistance is only available in some Austrian regions, depending mainly on the existence of strong Centres for Independent Living as e.g. in Upper-Austria, Tyrol and Vienna. Upper-Austria was the first province that included the option of Personal Assistance into the Act for Equal Chances for people with disabilities in 2008. In Vienna, the so called Addition to the long-term care benefit for personal assistance was introduced in 2008. This is a model of direct payment according to individual needs that is limited to people with severe physical or mobility impairments. People who already receive institutional care or people with cognitive disabilities are excluded from this programme. In Tyrol, Personal Assistance as a service was legally enshrined in a new Act for Persons with Disabilities in 2018. This also includes an option for direct payment instead of a service in kind.

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Update date: Tue, 2019-04-09

D6. Income maintenance

A means-tested minimum income was introduced to the Austrian social-security system in 2010. In an agreement, the federal government and the provincial governments laid down the main points for a means-tested minimum income, which is now being implemented in the corresponding national and provincial legislation. People with disabilities are not excluded from the means-tested minimum-income. To be entitled for this benefit, a person must meet certain requirements, e.g. he or she must be capable of working and must be willing to work. If a person with disabilities is not deemed capable of working or is not considered employable, he or she would be entitled to a means of subsistence according to the individual provincial law that regulates services for people with disabilities. No comprehensive overview is available on the details of the nine provincial Acts for means-tested income. A new Act for regulating the means-tested income is about to be introduced in 2019. It is presumably going to be referred to as a social security benefit and it likely to bring about changes for the beneficiaries with disabilities such as those who share an apartment may receive a lower benefit.

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Update date: Tue, 2019-04-09

D7. Additional costs

Several benefits aim at covering additional costs caused by disabilities:

  1. Long-term care benefit: The long-term care benefit aims at compensating additional costs of long-term care, in the form of a flat-rate cash benefit (from EUR 157.30 to 1,688.90 per month) to ensure, as far as possible, the provision of necessary attendance and support, and to improve their chances of living an independent life according to their needs. To receive long-term care benefit a person has to qualify as follows: a person must be in need of care due to a physical, cognitive or mental impairment that lasts for at least six months (permanent need for care must amount to at least 65 hours per month). The long-term care benefit is organised in seven levels according to the need of care, which is estimated in hours per month. About 80% of all people who receive long-term care benefit are older than 60 years.
  2. Increased Family Allowance: If a child has a disability, parents may apply for an increased family allowance. The supplement is EUR 155.90 per month (as of 1 January 2018) and is paid in addition to the regular family allowance. Adults with disabilities who are not considered employable or capable of working may receive increased family allowance beyond the usual age limit. The usual age limit is the end of vocational training.
  3. Accident Benefit: This benefit is paid after a work related accident that caused a permanent disability.

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Update date: Tue, 2019-04-09

D8. Retirement income

People with disabilities who are employed are fully covered by social insurance and therefore receive a regular retirement pension once they retire. If the health situation of a working person deteriorates and he or she cannot continue their work they can apply for invalidity pension. To be entitled to this, the person must have worked for a specified period that varies. The invalidity pension is a benefit that is part of the general pension insurance. People with disabilities who are not considered employable and therefore work in sheltered workshops (occupational therapy) or who do not work are not covered by social insurance, are not entitled to receive a retirement income and thus live on social security. The National Action Plan on Disability 2012-20 includes a sub-chapter on 'Occupational therapy' that lists the creation of social security coverage for people with disabilities who work in occupational therapy facilities.

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Update date: Tue, 2019-04-09

E. Education

E1. Special schools

Special schools are well established and fully differentiated in Austria: Altogether, there were 292 special schools in the school year 2017/18 all over the country. There are 10 different types of special schools with a focus on different types of disabilities (for example, special schools for pupils with cognitive disabilities, sensory or physical disabilities, with profound or multiple disabilities or challenging behaviour).
Integration in elementary schools was established by law in 1993 (section 8 Compulsory Schooling Act). Since then, parents of children with disability have had the right to choose whether their child attends a special school or a regular school. In 1996, this right to choose was also introduced for four years of the lower secondary level. Special schools also have the responsibility to support children with disabilities in mainstream schools.
The Independent Monitoring Committee issued two statements on Inclusive Education (Art. 24 CRPD). It concludes that major efforts have to be made to move towards an inclusive educational system in Austria.

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Update date: Tue, 2019-04-09

E2. Mainstream schools

It is unclear whether the protection in the area of access to goods and services granted by the Federal Disability Equality Act (Section 2) also comprises Federal education with regard to disability. If education is regarded as a service available to the public then disability is also covered in relation to Federal competences. As a step-by-step plan was set up to make all federal schools accessible it can be assumed that schools are subject to anti-discrimination laws with regard to disability. Apart from Federal schools, provinces and municipalities are responsible for school buildings and provincial laws govern these, but no overview is available on the details. The same applies to the provision of support for integrated schooling: nine provincial laws and regulations are the framework for each regional and individual case.
Integration in elementary schools was established by law in 1993 (section 8 Compulsory Schooling Act). Since then, parents of children with disability have had the right to choose whether their child attends a special school or a mainstream school. In 1996, this right to choose was also introduced for four years of the lower secondary level. In 2015 an overall educational reform was proposed that considers inclusion as an option for mainstream schools. Regarding the actual implementation of school integration, there are significant differences between the nine provinces: In the school year 2017/18, 50.1% of all children with special educational needs were included into mainstream schools in Vienna compared to 84.4 in Styria.
In the framework of the National Action Plan on Disability, inclusive model regions were implemented in three provinces (Kärnten, Steiermark und Tirol) to collect knowledge and experience which should be the basis for further development of programmes towards inclusive education. In 2019, the Austrian Court of Audits published a comprehensive report that compares and evaluates the inclusive model regions in Carinthia and Tyrol as well as the measures of the Federal Ministry of Education with regard to (inclusive) education for children with disabilities.

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Update date: Tue, 2019-04-09

E3. Sign language and Braille in school

There is no right for deaf or hearing impaired children to learn sign language, neither in mainstream nor in special schools. The curriculum for special schools for deaf or hearing impaired children, which applies to children in mainstream as well as in special schools, emphasizes the importance of oral language; sign language is considered an option or therapeutic exercise. There is a lack of teachers who are proficient in sign language as well as a lack of sign language interpreters. There is a special curriculum for special schools for blind children that applies to children in mainstream as well as in special schools. Braille and the use of technical aids are compulsory at all school levels.

The National Action Plan on Disability 2012-2020 lists several measures with regard to the needs of children with visual and hearing impairments respectively for children who are blind or deaf:

  • Development and diversification of accessible teaching materials, especially for blind and deaf children;
  • In-service training for teaching children with hearing impairments;
  • Development of information for using manual- and sign language systems;
  • Development of a bilingual databank (Austrian sign language and German) and development of information for teachers as well as for parents.

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Update date: Tue, 2019-04-09

E4. Vocational training

Integration in vocational schools was established in 2003 when the Vocational Training Act was amended. Vocational school students with learning difficulties may either expand their first vocational school year over two years, or finish their training with a partial qualification. These two models are called integrated vocational training. The National Action Plan on Disability 2012-2020 lists two measures with regard to vocational training:

  • Continuing two models of integrated vocational training;
  • Making integrated vocational training possible for youth with disabilities who serve a sentence.

In 2016, compulsory education and training for young people up to the age of 18 was introduced. Young persons with disabilities are included in this strategy. The main new measures for the implementation of compulsory education and training are Youth Coaching, Production schools and a federal as well as nine regional offices for coordination and organisation.

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Update date: Tue, 2019-04-09

E5. Higher education

Universities are covered by the Federal Disability Equality Act. The Federal University Act enshrines the right for a modified examination method for students with disabilities. There are representatives of students with disabilities and chronic diseases at many universities in Austria. They offer support and information, ‘Uniability’ is their Austrian-wide network. According to a comprehensive report on the situation of students with health impairments, 1,1% of all students – more men than women – consider themselves as having a disability, 12% as having a health impairment. The National Action Plan on Disability 2012-202 lists five measures with regard to higher education:

  • Awareness raising for inclusion in the framework of the negotiations for performance agreements for the period 2013-2015;
  • Continuing the pilot project 'Studying as a deaf person' at the Vienna University of Technology and securing the institutes 'Integrated Study';
  • Ensuring a possible increase of training programmes for Sign Language interpreters and Sign Language teachers in the framework of the negotiations for performance agreements with the university;
  • Networking of existing support services;
  • Assessing the situation of students with health impairments at universities.

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Update date: Tue, 2019-04-09

F. Employment

F1. Non-discrimination in employment

The Federal Act on the Employment of Disabled People imposes a duty on employers to employ disabled people (according to a quota system), confers protection against dismissal and arranges for grants or loans. The Act only covers what it defines as ’advantaged disabled‘ people who must have a certain degree of impairment as well as a certain productive capability. The Act includes regulations for anti-discrimination in employment (protection against direct and indirect discrimination), as well as the concept of reasonable accommodation. Anti-discrimination regulations include people with all kinds of disabilities, not only advantaged-disabled. For persons with disabilities in sheltered workshops, which are under the responsibility of the Laender, there are individual provincial laws for non-discrimination. However, the occupation of persons with disabilities in a sheltered workshop is not considered meaningful employment and thus not covered under any kind of legislation for employment.
The Independent Monitoring Committee issued two statements with regard to employment: one on work and employment and one on the legal situation of people with disabilities in sheltered workshops.
The National Action Plan on Disability 2012-2020 includes three measures with regard to non-discrimination in employment:

  • Developing cornerstones for further development of non-discrimination measures with the participation of people with disabilities;
  • Improving non-discrimination measures in the field of employment according to the changes in the General Act on Equal Treatment;
  • Evaluating the amendments to the Federal Act on the Employment of Disabled People as of 1 January 2011.

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Update date: Tue, 2019-04-09

F2. Public employment services

The public employment service of Austria offers information and services for people with disabilities. However, the central government agency concerned with the employment of people with disabilities is the Social Ministry Service, which is responsible for the operative regulation of employment agendas for people with disabilities. The main provisions and support services are: wage subsidies for employers, mobility subsidies, workplace adaptation, supported employment, clearing (transition from school to work), qualification projects, integrated vocational training, employment projects and personal assistance at the workplace. In 2017 the National Parliament agreed to provide additional funding to support inclusion of person with disabilities into the regular labour market. This had been preceded by a significant increase of the number of unemployed persons with disabilities in the years just before.

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Update date: Tue, 2019-04-09

F3. Workplace adaptations

To make a workplace or a vocational-training place and all related facilities accessible for employee(s) with disabilities, adaptations can be funded or financially supported by the Social Ministry Service. Funding is limited to 50% of the total costs, however, in single cases, 100% of the costs are covered. Necessary assistive devices or technical equipment that are directly linked to the occupation can be funded up to 100%. Also, granting of a loan is possible. The National Action Plan on Disability 2012-2020 includes one measure with regard to workplace adaptation:

  • Information event on workplace adaptations for the labour inspection, the public employment service and the Social Ministry Service

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Update date: Tue, 2019-04-09

F4. Financial incentives

Wage subsidies are one of the main public measures to support employment of people with disabilities. If a company employs a person with a disability they can receive a benefit for covering wages and social security payments. This is considered an incentive for businesses to employ unemployed people with disabilities. According to the Federal Act on the Employment of Disabled People, all employers employing 25 employees or more are obliged to employ at least one person with disabilities for each group of 25 employees. If they do not employ people with disabilities according to this quota they have to pay a compensation fee. Depending on the size of the business the compensation fee ranges between EUR 262 and EUR 391 per month and per not employed person with disability. The quota applies to the public as well as to the private sector.

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Update date: Tue, 2019-04-09

G. Statistics and data collection

G1. Official research

There is no specific research institute for disability equality or for the collection of data on disability. Some university institutes or small research teams at universities deal with disability issues: a research focus on inclusive education and disability studies at the University of Innsbruck, the Institute Integrated Study at the University of Linz, a Centre for Sign Language and the Communication of Hearing Impaired People at the University of Klagenfurt, the Research Unit for Special Needs and Inclusive Education at the University of Vienna, the Institute for Inclusive Education at the College for Education in Linz, the Department for Social and Inclusive Education at the University of Klagenfurt, the Centre for Applied Assistive Technologies at the University for Technology Vienna, the working group for sign-language and deaf-culture at the University of Graz and Vienna, Bidok which is a scientific online library with full text articles dealing with disability issues and a general focus on inclusion. There is no particular funding body for disability (equality) research in Austria. There is an informal network of individual researchers doing disability research - DISTA (Disability Studies Austria).
The National Action Plan on Disability 2012-2020 includes a sub-chapter on research that lists two measures:

  • Intensified research on the situation of people with learning difficulties;
  • Long-term study on the effect of sport on the health of people with disabilities.

Links

Update date: Tue, 2019-04-09

G2. Census data

A census takes place every ten years in Austria. The census of 2001 did not identify people with disabilities; neither did the census of 2011. A microcensus on persons with health impairments was carried out in 2015. It included persons older than 15 years living in private households. The microsensus was carried out via a telephone survey, but did not provide reasonable accommodation with regard to communication barriers.
The National Action Plan on Disability 2012-2020 includes a sub-chapter on statistics which lists the following four measures:

  • Participating at the uniform and systematic data collection of the European Union (Eurostat) on the situation of people with disabilities;
  • Periodical analysis of EU-SILC Data with a focus on people with disabilities;
  • Development of an appropriate modus to ask for disabilities in statistic data collections;
  • Contract for a survey 'People with Disabilities in Austria' on the occasion of the Second State report for the UN CRPD.

Links

Update date: Tue, 2019-04-09

G3. Labour Force Survey

The national Labour Force Survey in Austria does not identify people with disabilities in its collection of data. Statistics on the labour market and people with disabilities are provided on a special website 'work and disability', data is updated on a regular basis.

Links

Update date: Tue, 2019-04-09

G4. Disability equality indicators

The National Action Plan on Disability 2012-20 includes indicators in some target areas (the list is not comprehensive):

  1. Chapter 3: Accessibility – subchapter 6: media

Indicator: Percentage of accessible broadcasts in the Austrian Broadcast

  1. Chapter 4: Education – subchapter 3: accessibility

Indicator: Number of accessible teaching materials

  1. Chapter 5: Employment – subchapter 1: general

Indicator: Unemployment rate of people with disabilities
Indicator: Number of workplaces in integrated businesses

  1. Chapter 6: Independent Living – subchapter 1: general

Indicator: Number of places in institutions
Indicator: Number of places in models for independent living
Indicator: Number of supported self-advocacies

  1. . Chapter 7: Health and Rehabilitation – subchapter 3: rehabilitation

Indicator: In the context of in-patient psychiatric rehabilitation the waiting period is an indicator. The goal is reached when the waiting period is less than three months

  1. . Chapter 8: Awareness raising and information

No indicators listed

An advisory group to accompany the implementation of the National Action Plan is mentioned which should develop the indicators. No specific agency is responsible, no data sources or time-tables are specified either.

Links

Update date: Tue, 2019-04-09

H. Awareness and external action

H1. Awareness raising programs

The Federal Ministry of Labour, Social Affairs, Health and Consumer Protection and the Social Ministry Service are officially responsible for promoting and raising awareness of the equality and rights of people with disabilities. The National Action Plan on Disability 2012-2020 has a chapter on awareness raising and information, which includes five sub-chapters: research, statistics, reports, public relations and the provision of information as well as training of professional groups. Apart from continuing and improving existing sources of information, two measures for general awareness raising are planned:

  • Raising the awareness and spreading information on the UN-CRPD, also in Easy to Read Language;
  • Information Campaign in 2016: 'Letting people with disabilities participate - Austria's way to inclusion.'

Links

Update date: Tue, 2019-04-09

H2. Training for teachers

In 2013, a new framework and concept were introduced for teacher training in Austria. It is called the 'New Teacher Training' and includes compulsory training for inclusive education for all teachers. Further, the training for teachers in special schools was abolished, and new trainings with a focus on inclusive education on primary, as well as secondary education were introduced.
The National Action Plan on Disability 2012-2020 does not include any measures to generally raise disability awareness in teacher training. However, it includes measures with a focus on inclusive education and special needs education which are not compulsory for all teachers.

Links

Update date: Tue, 2019-04-09

H3. Training for lawyers

Disability awareness or disability equality issues are not a compulsory part of training programmes for lawyers. The National Action Plan on Disability 2012-2020 includes training on disability and disability law as a measure in the juridical field.

Links

Update date: Tue, 2019-04-09

H4. Training for doctors

Disability awareness or disability equality issues are not a compulsory part of training programmes for doctors. The Independent Monitoring Committee held a public meeting with a focus on health care for persons with disabilities. The National Action Plan on Disability 2012-2020 in its chapter on health and rehabilitation includes two measures to raise disability awareness for doctors and medical staff:

  • Pre-service and in-service training of medical and care staff on the necessary needs of people with disabilities;
  • Sign language training for medical doctors to make possible confidential conversations between deaf people and their doctors.

Links

Update date: Tue, 2019-04-09

H5. Training for engineers

Disability awareness, equality issues, accessibility or universal design are not a compulsory part of training programmes for engineers. The National Action Plan on Disability 2012-2020 mentions training for engineers in two measures in its chapter on accessibility:

  • Making sure that courses on accessibility are being offered in training programmes where relevant;
  • Accessibility as a compulsory subject in all relevant trainings.

Links

Update date: Tue, 2019-04-09

H6. International development aid

The Austria Development Cooperation has published recommendations for considering the needs of people with disabilities in international development aid, but these are not binding. The National Action Plan on Disability 2012-2020 includes a sub-chapter on international development aid which lists four measures:

  • Continuing framework programmes for Non-Governmental Organisations to strengthen rehabilitation and human rights of people with disabilities;
  • Support of people with disabilities in the context of anti-mines-programmes in Bosnia and Herzegovina and the South Caucasus;
  • Support of a partnership between the University of Vienna and the University of Addis Abeba (Ethiopia) with a focus on higher education, technical support and employment of people with disabilities;
  • Pre-service and in-service training of employees with a focus on the inclusion of people with disabilities.

Links

Update date: Tue, 2019-04-09

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