Table of Contents

Introduction �������������������������������������������������������������������������������������������������������������������������������������� 5

Anti-Discrimination – Asylum – Diversity ������������������������������������������������������������������������������������� 9

European Neighbourhood and Integration Policy ���������������������������������������������������������������������� 13

Human Dignity and Public Security ��������������������������������������������������������������������������������������������� 18

Human Rights in Business and Development Cooperation ������������������������������������������������������ 23

Women’s Rights | Children’s Rights | Trafficking in Human Beings ���������������������������������������� 26

Human Rights Education and Education for Democratic Citizenship ������������������������������������� 30

Staff ������������������������������������������������������������������������������������������������������������������������������������������������� 35

Finances ����������������������������������������������������������������������������������������������������������������������������������������� 39

Events ��������������������������������������������������������������������������������������������������������������������������������������������� 41

Publications ����������������������������������������������������������������������������������������������������������������������������������� 61

Projects ������������������������������������������������������������������������������������������������������������������������������������������ 67

© Ludwig Boltzmann Institute of Human Rights – LBI and Research Association A – 1010 , Freyung 6 (Schottenhof), Hof 1, Stiege II T +43/1/42 77–274 20, [email protected], http://bim.lbg.ac.at

© For photographs: BIM, if not mentioned otherwise

Vienna, June 2017

Introduction

Dear friends of BIM,

With our annual report 2016 we would like to pro- set up in 2015 as a monitoring group for the City vide you with an overview of the BIM’s work during of Vienna’s “Network on De-radicalisation und Pre- the last year. vention”. In 2016, the activities of the Expert_Forum resulted in a comprehensive policy paper with The year started off with the 10th anniversary of recommendations for action for the City of Vienna. polis – The Austrian Centre for Citizenship Educa- polis – the Austrian Centre for Citizenship Educa- tion in Schools. polis was established at the BIM in tion, for the second time was commissioned with 2006, building upon the work of the former centres the coordination of an important series of preven- for human rights and citizenship education. Since tive workshops at Austrian schools by the Federal then polis has played an important role in our efforts Ministry of Education. Furthermore, polis is mem- to work for a culture of human rights. The right to ber of the Austrian No Hate Speech Committee and education implies the right to citizenship and human acts as German publisher of the ’s rights education – as an investment in the sustai- “Bookmarks” manual which aims at combating hate nable protection of democracy. We are proud and speech through human rights education. grateful that, for more than ten years, the Federal Ministry of Education has commissioned the BIM Torture prevention works. This is the message of with the management of the most important educa- a comparative study published by Richard Carver tional service institution for human rights education and Lisa Handley in 2016. The study involving more and citizenship education in . than 20 researchers and covering a 30-year period (1984–2014) provides solid evidence that the risk The events of 2016, required that we continue to of torture decreases when preventive measures are address one of our core areas of focus: asylum and in place. BIM, together with the Tian Shan Policy refugee protection. With the help of the respekt.net Center at the American University of Central Asia, crowd funding community and the RD Foundation was responsible for research on Kyrgyzstan. The Vienna we secured funding of the study “A new asy- research specifically emphasised the importance of lum policy for Europe”. BIM was selected as one of effective detention safeguards for the prevention of the winning projects under the CALL4Europe, and torture. Reflecting upon these results, BIM is stea- the study received a grant doubling all incoming dily increasing its research on procedural rights for donations. This decision reaffirmed the relevance suspected and accused persons in the criminal jus- of the BIM’s research inputs into current debates tice process. on the future challenges of Europe. The study pro- vides recommendations and intends to feed into a constructive debate on solutions for the crisis of the European asylum system.

For many years, BIM has provided human rights research and consultancy for the Austrian Develop- ment Agency (ADA). In 2016, this cooperation was consolidated through another framework contract until 2019. BIM will continue to provide its expertise to foster a human rights based approach within the activities of the ADA and the Austrian Federal Minis- Moritz Birk (BIM) at the panel of the BIM/ERA Conference on try for European and International Affairs. the role of the judiciary and NPMs in prevention of ill-treatment in the application of EU law related to detention on 16–17 November 2017. BIM intensified work on the topic of radicalisation and prevention in the Austrian context. Patricia Major sports events, like the Olympic games, bring Hladschik is member of the “Expert_Forum Pre- up the issue of corporate human rights responsibi- vention, De-radicalisation and Democratic Culture”, lities. As part of the platform “Nosso Jogo – Initia-

5 tive für globales Fair Play”, supported by the Aus- deepen her expertise in social rights by writing a trian Development Agency and co-ordinated by commentary on the . the Vienna Institute for International Dialogue and Cooperation (VIDC), the BIM edited a study dealing We continuously strengthen our network and inter- with challenges, potentials and corporate responsi- act with new partners. Besides a number of new bility for human rights in the context of major sports cooperations in recently started projects, the BIM events, specifically analysing the situation in Rio the was granted special consultative status at the Eco- Janeiro (“Olympia-Hoffnungen für österreichische nomic and Social Council (ECOSOC) of the Uni- Unternehmen in Rio 2016?”). ted Nations in 2016. In preparation of the Austrian OSCE chairmanship in 2017, we also became Since 2002, BIM has been involved in 30 EU Twin- involved in activities of the Civic Solidarity Platform ning projects. Having expanded our activities to the (CSP), a network of NGOs responsible for the Civil Southern Neighbourhood Region with two projects Society Parallel Conference of the OSCE ministerial in Morocco in recent years, we took another step council. in order to reinforce our engagement in the Eas- tern Europe Region with a new project in Ukraine. The end of the year brought another most welcome The objectives of the project are to strengthen the surprise: BIM was awarded the Democracy Prize capacities of the Ukrainian Parliament Commissio- of the Margaretha Lupac Foundation of the Aus- ner for Human Rights (Ombudsperson) to ensure trian Parliament. In its explanatory statement, the the effective prevention of violations of human rights jury underlines the importance of sound research and freedoms as well as efficient responses to any for the further development and strengthening of detected violations. democracy and acknowledges the high internati- onal reputation of the researchers working at the institute. Furthermore, our long-standing tradition in the area of citizenship education is honoured. This recognition motivates us to continue and intensify our work for democracy and human rights.

In October 2016, BIM Co-director Manfred Nowak was appointed as the independent expert who will lead the “Global Study on the Situation of Children in Detention”. The study will collect qualitative and quantitative data on the situation of children depri- ved of liberty, while also registering good practices. It will involve a range of actors, including agencies and experts, member States, civil society organisations, academia and children them- selves. BIM experts are looking forward to contri- The laureates and laudators of the Democracy Prize together bute to this important global endeavour. with the President of the National Council Doris Bures. © Austrian Parliament / Johannes Zinner Karin Lukas was re-elected as Austrian member of the European Committee of Social Rights by the On the organisational and content-wise level, the Council of Europe’s Committee of Ministers and will BIM development plan 2016–2019 takes up the continue to monitor the compliance of the European recommendations of the very positive evaluation, Social Charter for a further period of six years. As which was conducted by the Ludwig Boltzmann member of the Committee, Karin Lukas is one out of Association in 2015. The plan focuses on further 15 independent, impartial experts entrusted with the strengthening of our profile as leading Austrian task to monitor the implementation of the Charter by human rights institute – by further developing and its 43 States Parties. improving our translational research approach, which provides us with a very unique role in the aca- Karin Lukas also was chosen as one of the partici- demic human rights community. pants of the distinguished Elise Richter Programme of the FWF. She will use this opportunity to further

6 The year 2017 will bring more jubilees of specific you are interested – join us! We will be happy to importance to the BIM: Our own 25th anniversary provide you with information. and the 5th anniversary of the Straniak Academy for Human Rights and Democracy, as well as the We would like to thank you for your cooperation, 10th anniversary of the Agency your support and your interest in our work for human for Fundamental Rights (FRA) with which we have rights and hope to meet you at one of our many been working in close cooperation since its estab- events in 2017. lishment. Celebrations will give us the possibility to look back at our achievements, but also reflect tools Enjoy reading and stay connected! and approaches in order to improve the human rights system and ensure further professionalisation Twitter @BIM_Vienna of our impact driven work. Facebook @LBI.Menschenrechte The year 2017 will also bring the first event for the members of our newly established BIM CIRCLE of Human Rights, a community of private donors and Patricia Hladschik, Manfred Nowak, Fiona Steinert, supporters who want to make a change by sup- Hannes Tretter porting impact oriented human rights research. If Vienna, June 2017

7 8 Anti-Discrimination – Asylum – Diversity

Research Questions In the field of climate-related migration we conti- nued our research on the complex relationship bet- Equal access to justice has emerged as a core ween climate policies, migration and human rights area of research of the team in the course of the by focussing on the effects of climate policies for the last years. Central Research Questions in 2016 enjoyment of human rights of persons in third coun- included: tries and migration, displacement and resettlement considering the national, regional, EU- and Austrian • What does access to asylum entail when opting level using a Human Rights Impact Assessment for a rights-based approach? (HRIA). We completed the research on three case studies in Panama, Kenia and Uganda and publis- • What role does the EU play in promoting human hed our research in international journals and other rights internally and externally? publications. We also drafted policy recommenda- tions on how to better integrate human rights consi- • What are the roles of Equality Bodies (EBs) and derations in climate policies and how to guarantee National Human Rights Institutions (NHRIs) in the access to justice for people moving in the context of promotion of access to justice and human rights? climate policies.

• How does the legislative and institutional frame- In integrating the anti-discrimination approach into work – in principle and in practice – have to be other fields of research, we have encountered the in order to provide effective protection against concept of vulnerability as giving us food for thought. discrimination? Created as a concept that wants to address specific needs of specific groups the concept can help to • What are the human rights implications of guarantee access to rights for people, who would European climate policies and their repercus- face severe difficulties otherwise. On the other hand sions for displacement, resettlement and identifying whole groups as vulnerable and in need migration? How can people in third countries neglects the multi-dimensionality of personal identi- negatively affected by European climate ties and the empowerment perspective of the anti- measures gain access to justice? discrimination approach. Research on the concept of vulnerability and its consequences has started in 2016 and will continue in 2017. New Developments

Summer and autumn of 2015, with a high num- Main Results ber of refugees seeking entrance to the European Union and access to asylum procedures have ini- Research in the field of asylum, anti-discrimination tiated a political debate that was driven by questi- and diversity has enabled us to: ons of numbers rather than seeking to find ways, how to fulfil international protection obligations. On • elaborate an overview of international protection the other hand, civil society has shown its potential obligations in relation to people having been and readiness to step in for the rights of others all forced to flee and an analysis of the EU asylum over Europe. As a human rights institute, we were acquis and its deficiencies from a human rights confronted with the need to produce ready-made perspective solutions for the question, how to provide access to asylum in a way that is in line with human rights • scrutinise current proposals amending the EU requirements not only in Austria but on the level of asylum system based on a rights-based approach the EU. As a first step we decided that there was and provide recommendations for steps towards a need to change the perspective in dealing with a new asylum policy in and for Europe access to asylum on the basis of a rights-based approach. • analyse the current legal framework in principle and in practise in the Western Balkans and

9 compare its effectiveness for the protection tion how access to asylum procedures can be pro- against discrimination vided in the best possible way from a human rights perspective. • elaborate on the problematic effects of climate change measures on human rights in general This will not be done without also addressing other and migration, displacement and relocation in forms of migration like climate-related migration, particular and analyse the role of European analysing the legal, institutional and political frame- states and institutions in this context work and providing for recommendations in this regard. • analyse the dimension of human rights monitoring carried out by NHRIs and the relation- The role of the EU in fostering the protection of and ship between the EU and NHRIs in European promoting the enforcement of human rights will and non-European countries inter alia depend on the practical implementation of the Charter of Fundamental Rights of the Euro- • analyse the definitions, problematic aspects pean Union. With a project of translational research and potential of the concept of vulnerability from seeking to identify the level of implementation of a human rights perspective and compare it with Charter articles and principles at the national level the concept of discrimination and point out and elaborating means and ways to enhance their overlaps, contradictions and similarities practical implications by developing training mate- rials for judges and other legal practitioners we will try to contribute to strengthening the potential of this Outlook unique tool for safeguarding human rights.

Based on our research findings and experience gai- The concept of vulnerability and its implications ned in its practical application the team will continue from a non-discrimination perspective will be given to work in the areas described. In the coming years, further attention and might stimulate us to elaborate a greater focus should be on asylum and the ques- new and integrated approaches that aim at ensu- ring equality.

Main Projects

ClimAccount: Human Rights Accountability of the EU and Austria for Climate Policies in Third Countries and their Possible Effects on Migration (2014–2016) The EU’s and its member states’ policies on climate change, in particular the implementation of certain CDM projects, can be associated with negative human rights impacts in third states, inter alia resulting in evictions or displacements. ClimAccount focused on the international dimension of these negative human rights situations. This was not only aimed at determining the extent of direct (extraterritorial) human rights obligations of the EU and its member states, but also identifying further fields in which these actors assume a responsibility. Moreo- ver, in order to reach final conclusions, three in-depth case studies of climate projects associated with these negative human rights impacts were conducted (Barro Blanco dam in Panama, Bujagali dam in Uganda, Olka- ria geothermal project in Kenya). All three projects are registered under the Kyoto Protocol’s Clean Develop- ment Mechanism and are largely financed by European banks. In 2016, a dissemination event (Human Rights Talk) and a workshop with stakeholders were organised, a Policy Brief and a Synthesis Report were drafted and published and several articles were submitted to and accepted by peer-reviewed academic journals.

A new asylum policy for Europe?! Opting for a rights-based approach Stimulated by the political debate in autumn 2015 and afterwards about how Europe could or should react to a high number of refugees and the fact that a reference to human rights was very often lacking in those debates, the BIM sought to provide a rights based approach to the debate. The Call4Europe initiative of the crowdfun- ding platform respekt.net provided the opportunity to dedicate some time to elaborating an overview of the international obligation to protect and an analysis of the EU asylum acquis and its deficiencies from a human rights perspective. Findings of a four month research resulted in a study that presents current proposals for change and seeks to provide recommendations for steps towards a new asylum policy in and for Europe. The

10 study only very briefly touches questions related to the rights and obligations of asylum seekers as well as of receiving societies after asylum procedures have been started. These issues, including reflections about what integration could and should mean, when understood as a reciprocal concept, are planned to be addressed in further research.

FRAME Fostering Human Rights Among European (External and Internal) Policies (2014–2017) FRAME is an interdisciplinary, four-year FP7 project on “Fostering Human Rights Among European (External and Internal) Policies” with the objective to analyse European Human Rights Policies from a comprehensive, multi-actor and global perspective. The adoption of the Lisbon Treaty represents a significant milestone con- cerning the enhancement of human rights. FRAME focuses on the ways in which the EU’s internal and external policies can contribute to the promotion of human rights. WP 4 on “Protection of Human Rights: Institutions and Instruments” aimed at comprehensively assessing institutions and instruments operating to protect human rights at the international, regional and national level and at identifying gaps, tensions and contradiction with a special focus on the EU human rights protection system. In 2016, a case study on the role of National Human Rights Institution, was concluded. The study was carried out together with partner institutions in Denmark, India, Morocco, Peru and South Africa.

Important Events

Good practices of collecting (in)equality data Monika Mayrhofer presented a paper on concrete challenges of collecting SOGI data at the conference “Good practices of collecting (in)equality data” in Zagreb on 29 November 2016. The conference was orga- nised in the context of the project “Mind the gap”. Experts and representatives of academic, political and other institutions as well as CSOs exchanged information on and discussed different approaches of data collection.

Climate Change and Migration – Challenges from a Human Rights Perspective Keynote speech by Monika Mayrhofer at the Oberösterreichischer Umweltkongress 2016 “Klimawandel und Migration – die neuen Flüchtlinge?”. 21 June 2016, Linz

HUMAN RIGHTS TALK: Displaced by European climate policy? How can we ensure access to justice for affected populations? The panel discussion was organised as part of the ClimAccount project in Vienna on 17 March 2016 and focused on the consequences of climate change measures financed by European banks on human rights and migration. The discussion concentrated on the aspects of access to justice of people affected by these measu- res as well as the role of international finance institutions such as the European Investment Bank.

Fourth Conference of Migration and Integration Research in Austria: Interdisciplinary Panel Discussion on Asylum Margit Ammer participated in the panel discussion, which took place on 12 September 2016 at the University of Vienna. It was organised by the Commission for Migration and Integration (KMI) of the Austrian Academy of Sciences (ÖAW) and the Research Platform for Migration and Integration at the University of Vienna. The discussion concentrated on the topic of asylum in Europe from an international and long-term perspective under the changed circumstances, in particular the high number of asylum applications and new challenges in countries of origin such as climate change.

11 Selected Publications

Keudel-Kaiser, Dorothea/Monina, Giuliana/Scholdan, Bettina/ Wladasch, Katrin A new asylum policy for Europe?! Opting for a rights-based approach. Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 77 pp. The study, which was funded via the Call4Europe initiative of the crowdfunding platform respekt.net, provides an overview of the international obligation to pro- tect, an analysis of the EU asylum acquis and its deficiencies from a human rights perspective, presents current proposals for change and seeks to provide recommendations for steps towards a new asylum policy in and for Europe. Dri- ven by a rights-based approach the study intends to provide a counterbalance to the predominant discourse surrounding irregular migration and asylum abuse.

Liegl, Barbara Legal protection against discrimination in South East Europe. Syn- thesis report. In: Center for South East Law Schools. (ed.): Legal protec- tion against discrimination in South East Europe. Regional Study. Skopje: 2016. pp. 13–75. This research identifies good practices as well as challenges and systemic obsta- cles for effective legal protection against discrimination in SEE countries. The study looks into the implementation of anti-discrimination provisions by equa- lity bodies, ombud institutions and the judiciary covering aspects like access to justice, social awareness of legal protection and other practical aspects. The research involved seven national experts, Barbara Liegl drafted the synthesis report.

Ammer, Margit/Hofbauer, Jane/Mayrhofer, Monika/Mersmann, Florian/ Obergassel, Wolfgang/Schade, Jeanette Human Rights Performance in EU Climate Policy. The Role of European States in Climate Measures, and Access to Justice for Affected Populations.Synthesis Report ClimAccount. Vienna: Ludwig Boltzmann Institute of Human Rights [et al.], 2016. 120 pp. The synthesis presents the main findings of the research project ClimAccount. It argues that human rights are inadequately incorporated into the global climate change policy and legal framework which may cause the violation of human rights of project affected communities. The report summarizes common patterns of human rights concerns, discusses the question of the accountability of the EU and European states and analyses the possibilities of access to justice for project affected people.

12 European Neighbourhood and Integration Policy

Research Questions Main Results

• What role do human rights play in EU enlar- At the interface between practice and theory gement policy and the European Neighbour- Also in 2016, the BIM successfully followed its two- hood Policy (ENP)? How can the BIM contribute fold approach to human rights in EU’s enlargement to human rights promotion in these contexts? policy and the ENP. On the operative level, the team continued to promote human rights through capa- • In which ways does the strengthening of public city-building and policy advice, mainly by carrying sector institutions as well as civil society actors forth its activities under the Twinning instrument as contribute to sustainable promotion of human key instrument for acquis approximation and ins- rights in the partner countries? titution building. On the research level, the role of human rights in enlargement policy and the instru- • Which factors influence the success of human ments applied were further analytically assessed in rights related projects in the said policy fields? a new study for the FP 7 research project FRAME. More concretely, the BIM in 2016 could not only • In how far are recent endeavours for a compre- successfully finalize its Twinning project against hensive EU human rights policy related to enlar- homophobia and transphobia in Kosovo (which was gement policy/ENP? Is there policy coherence much appreciated by the local partners as well as and consistency, also with regard to EU internal rated highly by an external Result Oriented Moni- policy? toring) and continue its Twinning partnership with the Office for Human and Minority Rights and the Commissioner for Protection of Equality in Serbia New Developments through a wide range of activities, i.a. specific trai- nings for police officers and judges. It is clear that the EU’s credibility as human rights actor has suffered some serious blows during 2016. It had been criticised before for assuming the role of human rights promoter in external relations, but accepting inconsistencies within its borders, thus applying double-standards. This was exacerbated in 2016 especially by the poor performance of the Union and its Member States in the field of refugee protection and migration policy. Worrying political developments within some Member States also put human rights at risk and add to the current crisis. It is against this background that the BIM imple- ments its projects in the partner countries, which of course do not remain unaffected by the EU’s iden- tity crisis. The latest Enlargement Strategy Paper of Training for police officers in Belgrade November 2016 reaffirms the strong commitment to © Marko Božović putting rule of law, human rights, democracy first, but it remains to be seen if the EU will be able to 2016 also gave us the chance to celebrate the 30th tackle the most pressing human rights challenges Twinning project with BIM participation being kicked “at home” and to thus also regain the so urgently off in May, namely “Support to Gender Equality” in needed credibility. Croatia. Building on its 2011–2013 general anti- discrimination project in Croatia, the BIM supports the Finnish National Institute for Health and Welfare as lead partner with training activities and can the- reby further strengthen its thematic focus anti-discri- mination / equal treatment.

13 With regard to the ENP context, the team in 2016 scientific assistance to Manfred Nowak as Austrian managed to take another step in expanding its geo- Member of the FRA Management Board since 2012 graphical scope. Next to continuing work on the two entails research on FRA-related issues, facilita- projects in Morocco (capacity-building for the Inter- ting internal exchange on these and disseminating ministerial Delegation for Human Rights and the information on FRA’s activities among stakeholders National Human Rights Council), the team applied as well as the public, not least through the annual successfully for its first Twinning project in Ukraine, FRA Round Table. In 2016 this event took up the supporting, in cooperation with Lithuanian lead part- topic “The civil society joins in. New perspectives, ners, the institution of the Parliament Commissioner challenges and opportunities in the Human Rights for Human Rights. work frame” and included Secretary of State for Diversity, Public Service and Digitalisation, Muna As for research within the FRAME-project, the Duzdar among the speakers. Last summer the 2015 mapping report on foreign policy instruments BIM also contributed substantially to the FRA’s first in human rights promotion was followed by the in- Fundamental Rights Forum in Vienna, a platform of depth study The role of human rights in the EU’s debate connecting academia, practitioners, grass- external action in the Western Balkans and Turkey, roots workers and decision makers. published in cooperation with the Eötvös Loránd University. For this, the BIM produced a compre- hensive analysis of human rights promotion through Outlook EU enlargement policy in the case of Turkey bet- ween 1999 and early 2016. This country case study, The EU as human rights (relevant) actor will conti- which draws also on interviews held with stakehol- nue to be a major topic for the BIM in general and ders in Ankara and Istanbul in winter 2015, entails the European Neighbourhood and Integration Policy both a general assessment of instruments applied team in particular, despite of or rather because of and priorities chosen and a closer analysis of two the afore mentioned crisis. Looking at 2017 and human rights issue areas: the promotion of gen- ahead, the team will continue its Twinning projects der equality and the respect of minority rights. The in Serbia, Morocco, Croatia as well as “venturing BIM’s previous Twinning experience in Turkey infor- out” to Ukraine (with possible Twinning activities med the research, especially with regard to gender also with the Ukrainian Supreme Court). Also, the equality. Presenting also the cases of Bosnia and team is currently sounding further specific project Herzegovina and Serbia, the study concludes with opportunities in Macedonia, Montenegro, Serbia as policy recommendations regarding all three coun- well as Morocco, Moldova and Georgia. In addition, tries as well as enlargement policy at large. 2017 may bring the opportunity for the BIM to pro- long its activities for the promotion of rule of law in Apart from the enlargement and ENP context, the Kyrgyzstan beyond the current project. team also in 2016 contributed its experience in pub- lic sector reform to the EU Development Coope- In terms of translating between theory and practice, ration Instrument project on promoting rule of law the team will also look into further research possi- in Kyrgyzstan, which the BIM, due to its Twinning bilities after the end of the FRAME project in 2017. experience, had been invited to participate in three years ago. BIM activities centre on oversight Work with and on the FRA will be shaped by the mechanisms and in the past year included capacity- final phase of Manfred Nowak’s mandate, which will building for the Kyrgyz General Prosecutor’s Office be linked not only to another high level event, but and the Ombudsman institution through i.a. study also a publication on the FRA on the occasion of its visits to Vienna and Riga. Another major result of 10th anniversary. the work in 2016 was a two-day high level confe- rence on torture investigation and documentation, Finally, current and coming BIM activities will have to co-organised by BIM in Bishkek in September. be seen against the background of Austria’s OSCE presidency 2017 and its presidency of the Council Bridging internal and external dimensions of the EU in the second half of 2018, which could of EU policy bring important synergies and/or opportunities. Also in 2016 the internal dimension of EU human rights policy, more precisely the work of the EU Agency for Fundamental Rights (FRA), continued to be another node of the team’s activities. Providing

14 Main Projects

Twinning project against Homophobia and Transphobia in Kosovo (2014–2016) This two-year project focused on a wide spectrum of awareness-raising and training activities across the pub- lic sector in order to enhance effective protection against discrimination. Under the motto “normally different”, it furthermore entailed an analysis of the existing anti- discrimination legislation and the institutional structures in relation to sexual orientation and identity as well as measures for improving access for the LGBTI community to legal and psychological counselling. Finally, it supported the work of the national Advisory and Coordination Group for the Rights of the LGBTI Community in order to foster pertinent sustainable cooperation between government, civil society, the international com- munity and regional stakeholders.

Twinning project “Support to the Advancement of Human Rights and Zero Tolerance to Discri- mination in Serbia” (2015–2017) With this project the BIM aims to support Serbia’s continuing efforts to harmonise its legislation with the EU acquis and establish an efficient and effective system for protection against discrimination, protection of the rights of minorities and human rights defenders. The project shall strengthen the existing capacities of the Office for Human and Minority Rights (OHMR), the Commissioner for Protection of Equality (CPE) and other key sta- keholders such as judges, prosecutors, the police and National Councils of National Minorities (NCNMs) for the implementation of human rights and to make anti-discrimination policies more effective at national and local level.

Twinning project “Strengthening the Promotion of the respect of Rule of Law Capacities of the National Human Rights with particular emphasis on Transparency Council in Morocco” (2015–2017) and Accountability in the Kyrgyz Republic With the mandate (2014–2017) of the Moroccan The Kyrgyz Government has placed the strengthe- National Human ning of the Rule of Law at the top of its political, Rights Coun- economic and social agenda. This major EU funded cil (CNDH) for project supports this focus. As Austrian partner in a protection and consortium composed of EU Member States under promotion of human rights having been expanded the lead of the German GIZ, the BIM is responsible by the constitutional reform of 2011, the activities for implementing specific activities related to human of the Twinning project focus on three main fields: rights under Component 1 “Enhancing the Capa- accompanying the establishment and strengthe- city and Effectiveness of Oversight Mechanisms” ning the new organisational structure of the CNDH; in close cooperation with the Danish Institute for strengthening the technical capacities of the mem- Human Rights. At the BIM, staff from different teams bers and the administrative staff of the CNDH and its are jointly working on the implementation, bringing regional human rights commissions; and increasing together relevant expertise from the human dignity the visibility of the CNDH and its constituent bodies. and public security, the anti-discrimination as well as The BIM is mainly involved in the human resource the European Neighbourhood Policy background. development part, i.a. through training activities on investigation of possible human rights violations.

15 Important Events

Closing event of the Twinning light project “Promo- tion of the Ombudsman competences and enhance- ment of its capacities” in Macedonia This ceremony hold on 2 February officially closed the Twinning light project implemented successfully in 2015 in cooperation between the Office of the Ombudsman of the Republic of Mace- donia, the Austrian Ombudsman Board and the BIM. The event highlighted the significant role of independent Ombudspersons Closing event in Skopje in protecting human rights by empowering people to address © EU Delegation to FYROM violations and maladministration in a country.

Final event of the Twinning project against Homopho- bia and Transphobia in Kosovo This event on 1 April was organised by the Kosovo Office for Good Governance in cooperation with the Ludwig Boltzmann Institute of Human Rights and the Finnish National Institute for Health and Welfare. Based on an exit strategy, which has been developed by the experts from Austria and which pre- sents milestones of the project as well as recommendations for Final event in Pristina further input, the project team had the opportunity to discuss © Jetmir Idriz the lessons learnt, the results of the project and the challenges ahead. Project implementation closed with the ensuing “nor- mallydifferent Fiesta”, opened by Project Leader Fiona Steinert and Resident Twinning Adviser Dieter Schindlauer.

Visit of High Level Delegation from Kyrgyzstan In April, the BIM welcomed a joint delegation of the Kyrgyz Par- liament and the Kyrgyz Ombudsman office in Vienna. During the three-day study visit organised by BIM within the EU Rule of Law project, the procedures of the Austrian Parliament and the Ombudsman’s Office, the cooperation between them and the human rights situation in Austria were discussed. Meetings and discussions focused on respecting the rule of law, the preven- Kyrgyz delegation at the BIM tion of torture and the role of the Ombudsman in a democratic © Gerrit Zach state.

Conference on “Istanbul Protocol Implementation” in Bishkek This international high level event on 21 and 22 September dedicated to the exchange of national, regional and internati- onal experiences in investigating and documenting torture in line with the Istanbul Protocol. The BIM co-organised the legal working sessions in the framework of the EU Rule of Law pro- ject in Kyrgyzstan and was represented by Moritz Birk, Claudia BIM experts at the conference Hüttner, Dmitry Nurumov, Karl Schönswetter and Gerrit Zach. © Karl Schönswetter

16 Selected Publications

Bischof, Karin et al. Awareness Raising for Equality – Manuals for trainers: Administra- tion / Education / Judiciary / Police. Pristina [et al.]: Ludwig Boltzmann Institute of Human Rights [et al.], 2016. Within the Twinning project against Homophobia and Transphobia, 15 trainers working in different sectors in Kosovo public service have undergone a thorough train-the-trainer programme, in which they obtained the knowledge and skills to conduct awareness raising training sessions for their peers. The four manuals should be useful for further trainings and – eventually – for the experienced trai- ners to train more trainers in the years to come.

Ludwig Boltzmann Institute of Human Rights and The Office for Good Governance at The Prime Minister’s Office normallydifferent – Exit Strategy – Milestones and Recommendations. Pristina [et al.]: Ludwig Boltzmann Institute of Human Rights [et al.], 2016. 20 pp. This Exit Strategy, developed at the end of the above-mentioned Twinning pro- ject and summarizing all achieved milestones as well as recommendations for further measures, shall serve as a tool for fostering sustainability of the project results.

Commissioner for Protection of Equality/Ludwig Boltzmann Institute of Human Rights (eds.) Citizens’ Attitudes on Discrimination in Serbia. Belgrade, 2016. The survey, conducted in the course of June 2016, considers previous surveys conducted by the Commissioner for the Protection of Equality (CPE) and provi- des an insight into the changes of the attitude of citizens towards discrimination in the last three years. It points to positive shifts in the visibility of and confidence in the CPE, while still finding major challenges for the state in the protection of citizens against discrimination

Fraczek, Susanne/Huszka, Beáta/Körtélyesi, Zsolt The role of human rights in the EU’s external action in the Western Balkans and Turkey. Work package No. 6 – Deliverable No. 2 of the FRAME project, 2016. IX, 378 pp. This report demonstrates, on the basis of three country case studies (Bosnia and Herzegovina, Serbia, Turkey), how the EU’s instruments of enlargement policy have been used for human rights promotion, what human rights priorities these instruments reveal, how these priorities have changed over time and how consistent they have been, and what they reveal about the weight and place of human rights within the EU’s general conditionality policy in the enlargement context.

17 Human Dignity and Public Security

Research Questions as well as on procedural rights of suspects in cri- minal proceedings. Particular consideration was put Freedom from torture is universally recognised as on persons in a situation of vulnerability, e.g. child- an absolute and non-derogable right and interna- ren or persons with mental impairments. tional human rights treaties and standards contain numerous preventive obligations. Nevertheless, torture remains a problem in the majority of States Main Results worldwide, often even on a widespread or systema- tic scale. States fail to implement their obligations To this end, at the beginning of the year, the team due to a lack of political will or adequate capacities, has started to conduct extensive research on the or to a lack of efficient preventive measures. Inter- most important international instrument for the national and national oversight mechanisms do not prevention of torture and ill-treatment – the UN achieve to effectively follow up their recommenda- Convention against Torture (CAT) and its Optional tions to provide the necessary support to or exert Protocol (OPCAT) – In order to publish a revised pressure on the responsible authorities. edition of the Oxford University Press Commentary. The ongoing research focuses on the interpretation The Human Dignity and Public Security team is spe- of the States obligations by the CAT Committee cialised in the prevention of torture and ill-treatment and the Subcommittee for the Prevention of Torture and the protection of human rights in the criminal (SPT), as well as other international, regional and justice system. The team was established in 2004 to domestic monitoring bodies. support Manfred Nowak’s mandate as UN Special Rapporteur on Torture. Observing the lack of follow- The team has further contributed to the advance- up and implementation of recommendations for the ment of the research on the effectiveness of torture prevention of torture, it has since then carried out prevention measures by participating in the compa- extensive research on the effectiveness of torture rative study “Does Torture Prevention Work?” led prevention measures. by Richard Carver. The study – involving more than 20 researchers from 16 countries and covering a In 2016, the Team Human Dignity and Public Secu- 30-year period (1984–2014) – provides solid evi- rity has been dealing with the following Research dence that the risk of torture decreases when pre- Questions: ventive measures are in place, notably effective procedural safeguards in the earliest moments of • What measures and mechanisms are effective detention. in the prevention of torture and ill-treatment and the protection of detainees’ rights? Recognising the importance of procedural safe- guards and the increasing role of EU law in safe- • How can existing legal and institutional frame- guarding human rights the team has further conso- works be strengthened to more effectively lidated its research on the implementation of the EU prevent torture and protect human rights, directives on procedural rights for persons accused especially the rights of detainees? and suspected of crime. The team has engaged in several EU-wide projects looking into the legal • How can monitoring and oversight mechanisms and practical application of the EU procedural rights ensure the implementation of national and package on the rights of suspects in criminal pro- international human rights obligations? ceedings in Austria and comparing it to other EU member states.

New Developments Finally, as part of its commitment to transform the research results and experience into direct impact In 2016, the team decided to increase its focus on on the ground, the team has continued to provide basic and applied research concerning the internati- assistance and expertise to States and civil society onal obligations to prevent torture and ill-treatment, in the global fight against torture and ill-treatment.

18 The 2016 activities in this regard focused strongly rights treaties in the field prevention of torture and on the strengthening of National Preventive Mecha- ill-treatment. nisms in the EU. To this end, a focus has been on providing advice to NPMs, for example on what role In order to disseminate results more widely as well they can play in the prevention of ill-treatment in the as to provide an extensive information platform application of EU law on detention as well as on how on the subject of torture prevention, the team will to strengthen the follow up of recommendations. relaunch its website “Atlas of Torture”. The website will continue to be used as a platform for docu- Targeted advice and support were also provided menting torture and ill-treatment worldwide but at to State authorities in Kyrgyzstan and Georgia and the same time complemented by a comprehensive human rights monitoring and coordination bodies in database collecting and organising key documents Morocco, inter alia, on the prevention of torture and by international and national actors. All documents ill-treatment, immigration detention and the investi- collected in the framework of the CAT Commentary gation of human rights violations. revision process will for example be included in the database and available to the general public. At the Austrian level, the team continued to support the NPM by coordinating a regional visiting Com- The team will further work on procedural rights of mission and conducting relevant research. accused and suspects of crime, especially in the EU context and with a focus on practical application Teaching activities of team members in 2016 inclu- of EU instruments. The focus on vulnerable groups ded a course on civil and political rights as well as including children and persons with mental impair- on liberty and security at the European University of ment will equally be maintained. Viadrina Frankfurt (Oder). Similarly, the team will further pursue its activities aiming at strengthening NPMs. To this end and Outlook building on two studies on enhancing the impact of NPMs in the EU context, the team will provide its The team will continue to the carry out research on expertise to the EU and the Council of Europe regar- the interpretation and effective application of human ding the establishment of a new EU NPM network.

Main Projects

Revision of the Commentary to the UN Convention against Torture (2016–2017) Almost ten years after its first edition, Manfred Nowak and a team of BIM experts and affiliated researchers are working on a completely revised edition of “The United Convention Against Torture: A Commentary”, initially published in 2008 by Oxford University Press.

The Commentary is one of the most comprehensive resource tools for anyone working on the prohibition and prevention of torture. The new edition aims to ensure that the Commentary continues to serve as a comprehen- sive and up-to-date guide, providing researchers and practitioners worldwide with guidance on the interpreta- tion of state obligations to prevent torture and ill-treatment. The revised Commentary will include all relevant developments concerning the interpretation of the UN Convention against Torture and its Optional Protocol.

Moreover, all the primary resources and materials that are gathered during the research will be made available through an online platform embedded in the Atlas of Torture’s website (www.atlas-of-torture.org). The platform, to be launched in 2017, will offer an additional and accessible tool to human rights defenders and researchers in their fight against torture. The Project is funded by the Austrian Science Fund (FWF) for a period of 24 months.

Strengthening cooperation between the judiciary and torture monitoring bodies in the Euro- pean Union (2015–2017) Judicial cooperation in criminal matters within the EU is rooted in the mutual recognition of judicial decisions. The European Arrest Warrant (EAW) and the “common rules on detention”, which include three mutual reco- gnition Framework Decisions on detention, were created to enhance judicial cooperation in the EU. Their

19 implementation is based on the principle of mutual trust, which implies that conditions of detention and proce- dural safeguards offer equivalent protection in all EU Member States. In reality, and as evidenced by case law from the CJEU and the ECtHR large discrepancies exist, which potentially raise significant fundamental rights concerns.

Currently 24 NPMs carry out monitoring visits to places of detention in the EU and thus possess a considerable expertise about the treatment and conditions of detention in their countries. While NPMs could potentially play an important role in the prevention of ill-treatment in the EU context, the project highlighted that many judges were unaware of the existence of NPMs, and at the same time, only few NPMs are familiar with developments on the EU level and many did not know how to reach out to judges. The BIM, in conjunction with the Academy of European Law (ERA) aimed to fill this gap through this project by increasing the awareness of the judiciary of NPMs and the relevance of the latter in the application of the EAW and Framework Decisions on Detention.

In addition to research, surveys and interviews were conducted in the context of this project together with a consultation workshop for judges held in April in Trier, Germany. This was followed by a second consultation workshop, in June, organised in Vienna, aimed specifically for NPMs. Finally, in November 2016 in Vienna, the team organised a final conference in Vienna, with judges and NPMs from across the EU, as well as experts from the European Commission, the EU Agency for Fundamental Rights, the CPT, SPT, Fair Trials, the Confe- deration of European Probation and the Council of Europe.

The final study, which considers the challenges and chances to the prevention of ill-treatment in the EU as well as the role of NPMs will be published in March 2017.

Enhancing procedural rights of suspects or Legal and practical application of the EU accused with intellectual and/or psychiatric procedural rights package on the rights impairments in criminal proceedings within of suspects and accused in criminal the EU (2016–2018) proceedings Judicial cooperation within the European Union The main objective of the project is to analyse the (EU) has for a long time primarily focused on faci- legal and practical application of the EU procedu- litating prosecution. Procedural rights of suspects ral rights package on the rights of suspects and and accused were often neglected which poses a accused in criminal proceedings (rights to interpre- range of human rights challenges. As a response, tation and translation; to information about rights the EU has been striving to achieve common mini- in criminal proceedings; to access to a ; to mum standards in the criminal proceedings across communicate with family members, employers and the EU. consular authorities; to protection for vulnerable suspects). The focus of this project lies on the recommenda- tion on procedural safeguards for vulnerable per- The project officially commenced in October 2016 sons suspected or accused in criminal proceedings, and will last for two years. Nine countries are invol- in specific on persons with intellectual and/or psych- ved in the research: Austria, Bulgaria, Hungary, Italy, iatric impairments. Lithuania, Poland, Romania, Slovenia, and Spain. Each of the nine countries will prepare a detailed The project started with drafting a national baseline written country report presenting the findings of the study containing an analyses about the legal and study – BIM will be responsible to draft the coun- practical implementation of the recommendation in try report on Austria. Additionally, there will also be each partner country (Bulgaria, Czech Republic, one comparative report, highlighting good practices Lithuania and Slovenia) highlighting good practice from all project countries. examples, as well as the identified gaps. It overall strives to enhance the awareness and capacities of In terms of methodology it is envisaged to conduct professional stakeholders involved in criminal pro- primarily observational research, placing resear- ceedings and as a consequence to strengthen the chers inside police stations and having researchers procedural rights of suspects or accused with intel- accompany as they go about their work. lectual and/or psychiatric impairments. This would be coupled with interviews of relevant stakeholders as well as desk research for the legal analysis. 20 Important Events

Conference on the role of the judiciary and NPMs in prevention of ill-treatment in the application of EU law related to detention The conference was organised by the BIM in cooperation with the Academy of European Law (ERA) in the framework of the EU-funded project on strengthening interactions between the judiciary and torture monitoring bodies in the European Union. Representatives of the judiciary and NPMs from across the EU Participants of the final conference as well as international experts from the European Commis- sion, the Fundamental Rights Agency, the SPT, CPT and civil society discussed during two days how they could contribute to the prevention of ill-treatment in the application of the Frame- work Decisions related to detention. 16–17 November 2016, Vienna, Austria

Istanbul Protocol Implementation: Transforming Regional Experiences into International Norms for Effective Torture Investigation and Documentation The international High Level Conference “Istanbul Protocol Implementation: Transforming Regional Experiences into Inter- national Norms for Effective Torture Investigation and Docu- mentation” was organised by the BIM in the framework of the EU Project “Promotion of Rule of Law in Kyrgyzstan”. The BIM co-organised three working sessions dealing with legal aspects

BIM expert Dmitry Nurumov at the conference on of the Istanbul Protocol, an important instrument in the field in the Istanbul Protocol conference in Bishkek investigation and documentation of torture. Moritz Birk, Head of the HUDI team, presented the results of a global comparative study on the effectiveness of detention-related safeguards in the prevention of torture. Gerrit Zach, researcher in the HUDI team and key expert in the EU Rule of Law project moderated a panel discussion on effective legal investigation and prose- cution. Dmitry Nurumov, BIM key expert in the EU Rule of Law project facilitated the plenary session on effective adjudication and redress. 21–22 September 2016, Bishkek, Kyrgyz Republic

South East Europe NPM Network Meeting This event was organised by the current chair of the South- East Europe NPM Network’s Legal Group in cooperation with the Human Dignity and Public Security Team at the Ludwig Boltzmann Institute of Human Rights. The event was part of the activities of the SEE-Network, a forum for NPMs of the region to exchange practices and discuss joint topics of concern. The workshop focused on the role of NPMs regarding the current South East Europe NPM Network Meeting situation of refugees, implementation of Mandela rules as well as follow-up to recommendations. Jean Tomkin and Gerrit Zach of the BIM moderated and presented research findings at the conference. 29–30 November 2016, Zagreb, Croatia

21 Selected Publications

Birk, Moritz/Baijumanova, Aida/Ismailova, Lira: Kyrgyzstan. In: Carver, Richard/Handley, Lisa (eds.) Does torture prevention work? Liverpool: Liverpool University Press. 2016, pp. 549–590 A comparative study recently published by Richard Carver and Lisa Handley and overall involving more than 20 researchers and covering a 30-year period (1984–2014) provides solid evidence that the risk of torture decreases when pre- ventive measures are in place. The research commissioned by the Association for the Prevention of Torture took place in 14 countries, among them in Kyrgyzs- tan which was conducted by a team of researchers from the Ludwig Boltzmann institute of Human Rights (BIM) and the Tian Shan Policy Center at the American University of Central Asia. The research specifically emphasised the importance of effective detention safeguards in the prevention of torture.

Defence for Children International (DCI/Ludwig Boltzmann Institute of Human Rights (eds.): Monitoring places where children are deprived of liberty – Practical guide. Brussels: DCI, 2016. 166 pp The EU-funded project “Children’s Rights Behind Bars – Human rights of child- ren deprived of liberty: improving monitoring mechanisms” was created with the aim of improving international juvenile justice standards to protect the needs of incarcerated children. It was concluded with a “Practical Guide: monitoring places where children are deprived of their liberty.” The guide is available for free for download, and is the first of its kind in Europe. Tiphanie Crittin and Helmut Sax contributed to its drafting over the last two years as one of the partners in the project. The Institute was also in charge of the elaboration of the national report on Austria, a research and analysis of complaints and monitoring mechanisms of juvenile detention facilities in the country.

Vanhove, Adelaïde/Duroy, Sophie Hört mich jemand? Beteiligung von Kindern in der Jugendgerichts- barkeit. Ein Handbuch zur kindgerechten Gestaltung der Jugend- gerichtsbarkeit in Europa. Bruxelles [et al.]: International Juvenile Justice Observatory/Ludwig Boltzmann Institute of Human Rights, 2016. 106 pp. The project focused on improving national juvenile justice systems by exchanging promising practices concerning juvenile offenders subject to sanctions or measures. Moritz Birk, Sabine Mandl and Helmut Sax participated in the development of the training program and handbook and participated in joint trainings in Brus- sels. Furthermore, two workshops were organised in Austria for practitioners and professionals dealing with children in residential care or detention. The results of the project were presented at a conference in Brussels in January 2017.

22 Human Rights in Business and Development Cooperation

Research Questions with the most comprehensive ESC rights instrument on the European level, the European Social Char- The team engages with the following Research ter, continues to show the negative impact of the Questions: crisis on social rights, particularly in Greece, Spain and Portugal. • How can a Human Rights-Based Approach to Development Cooperation and Business be UN Guiding Principles on Business and further implemented? Human Rights, Follow-Up Process The human rights responsibilities of companies • How can international challenges such as the were further analysed in the follow-up to and imple- financial crisis and the growing political influence mentation of the UN Guiding Principles – “Respect, of non-state actors be addressed? Which inter- Protect, Remedy” – of the UN Representative on national standards must be developed and Human Rights and Business, John Ruggie. The enforced in view of these challenges? human rights and business team at BIM continued its research on the third pillar of the UN Principles Looking at the international “development coopera- (“Access to Remedy”). This research focuses on tion and business” discourse from a human rights complaint mechanisms established by companies perspective, the economic crisis and its impact on and multi-stakeholder initiatives to give victims of economic, social and cultural rights (ESC rights), human rights violations by companies the right to the follow-up process to the UN Guiding Principles an effective remedy. In addition, a comprehensive on Business and Human Rights, and the Post-2015 dissertation project has analysed state and corpo- Sustainable Development Goals (SDGs) remain at rate human rights responsibilities of national deve- the core of the debate. The implementation of the lopment and export credit agencies. In this context, UN Convention on the Rights of Persons with Disa- the team will continue analysing the effectiveness bilities continues to be a primary focus of the BIM’s of non-judicial grievance mechanisms for victims of work in the development area. corporate-related abuse.

Post-MDGs and SDGs Process New Developments The eight Millennium Development Goals (MDGs) concentrated on the needs of the poorest persons The Economic Crisis in the world by fulfilling measurable targets until The Economic Crisis and its negative impact on 2015. The core issues for the development of a ESC rights continue to be of grave concern on a Post-MDGs agenda refer to globally valid objecti- global scale. The UN and the Council of Europe ves while taking into account local contexts, indica- institutions emphasised the need for maintaining tors for their achievement, and how affected groups a functioning social network while responding to can be supported from the perspective of a human national situations of austerity. The Council of rights approach. The political process culminated in Europe Commissioner for Human Rights suggests the adoption of the Sustainable Development Goals a detailed agenda for safeguarding human rights, (SDGs) with strong human rights implications, also such as conducting syste- for the “countries of the North”. The team contribu- matic human rights and tes to the Post-MDGs and SDGs debate through equality impact assess- the research project GLOBAL VALUE – Assessing ments before and after cri- the Impacts of Multinational Corporations on GLO- sis response policies are BAL Development and VALUE Creation – bridging adopted. The European the two core team topics of development and busi- Union initiated a “Pillar on ness in relation to human rights, and its consultancy Social Rights”. The 2016 activities for the Austrian Development Agency. conclusions on compliance

23 The rights of persons with disabilities development programmes must actively support The UN Convention on the Rights of Persons with the realisation of the rights of persons with disabili- Disabilities (UNCRPD) is the most important inter- ties and assure overall inclusion. The implementa- national legal instrument for persons with disabili- tion of the UNCRPD sets a considerable challenge ties. Article 32 of the UNCRPD includes a provision for development agencies and policy makers. on development cooperation which implies that

Main Projects

GLOBAL VALUE – Assessing the Impacts of Multinational Corporations on GLOBAL Develop- ment and VALUE Creation (2014–2017) This research project assesses the impacts of multinational corporations on sustainable development. It will provide a framework for assessing impacts on development related issues such as human rights, transparency, and anti- corruption, a toolkit for companies and a set of recommendations for decision makers in policy, business and CSOs on how to enhance responsible compe- titiveness and complementarity of public and private sector activities in the development context. This lead inter alia to a consultation process for the Austrian Development Agency on the operationalisation of its social, gender and environmental standards for projects and strategic partnerships.

FRAME – Fostering Human Rights among European Policies (2013–2017) FRAME analyses the internal and external EU human rights law and policies and develops recommendations for policy-makers in a collaborative effort of 19 partner institutions in Europe, China, India, Morocco, Peru, South Africa, and the US. In 2016, case study reports on national human rights institutions and on European Enlargement Policy were developed, as well as two journal articles on factors influencing human rights protection and human rights institutions and instruments. BIM researchers participated in FRAME conferences on various topics, for example on business and human rights, and reviewed a number of FRAME research reports, inter alia on EU Engagement in regional organisations and on the coherence of EU policies. http://www.fp7-frame.eu/

Business and Human Rights challenges for cross border litigation in the European Union (2014–2016) The aim of this project is to explore judicial and non-judicial remedies within the EU to make companies domiciled in a Member State liable for human rights violations for which they or their subcontractors are responsible, wherever the damage might have occurred. Within the project consortium, the BIM team mainly covers the research on non-judicial redress mechanisms, building on the research results of previous projects in this field. In September 2016, the final conference took place, presenting the project’s research outputs, including a report on the “Removal of Barri- ers to Access to Justice in the European Union” and a handbook for civil society organisation and human rights defenders. http://humanrightsinbusiness.eu/

24 Important Events

Conference: “Economic Development, Innovation and Sustainability in the context of the Olympic Sum- mer Games 2016 in Rio de Janeiro” At this conference, organised by the Austrian Latin America Ins- titute, international and national experts as well as representati- ves of Austrian companies discussed whether Olympic Games or major sport events can be economically, ecologically and socially sustainable. The panel discussion was an event within Nosso Jogo panel discussion the project “Nosso Jogo – Initiative for global Fair Play” which aims at raising awareness on human rights and social issues in the context of the Olympic Games. Barbara Linder represented BIM at this event. 13 June 2016, Vienna

How to integrate a Human Rights Based Approach into the Austrian Development Agency’s (ADA). New country strategy for Ethiopia and the EU’s joint programming process for Ethiopia Presentation by Katharina Häusler and Gerrit Zach to Austrian Ministry of Foreign Affairs and Austrian Deve- lopment Agency staff. 11 April 2016, Vienna

The EU’s Response to Economic Crises Lecture by Karin Lukas on the European Union’s response to the effects of the economic crisis with a focus on the austerity measures of Greece and their impact on economic, social and cultural rights, and the need to close the accountability gap within the EU regarding these rights, FRAME Policy Roundtable. 6 June 2016, Brussels

Selected Publications

Linder, Barbara/Sprenger, Claudia/Tutzer, Judith Zur Frage der staatlichen und unternehmerischen Verantwortung. In: Nosso Jogo (ed.): Rio 2016 – Sportgroßereignisse und Menschenrechte. Dossier. Vienna: Vienna Institute for internatio- nal Dialogue and Cooperation, 2016. pp. 14–17.

Lukas, Karin/Linder, Barbara/Kutrzeba, Astrid/Sprenger, Claudia Corporate accountability. The role and impact of non-judicial grievance mechanisms. Chel- tenham [et al.]: Elgar, 2016. 432 pp.

Häusler, Katharina/Lukas, Karin/Planitzer, Julia Non-Judicial Remedies. Company-Based Grievance Mechanisms and International Arbitra- tion. Executive summary of research findings In: José Álvarez Rubio, Juan/Yiannibas, Katerina (eds.): Human Rights in Business. Removal of Barriers to Access to Justice in the European Union. Executive Summary, 2016.

25 Women’s Rights | Children’s Rights | Trafficking in Human Beings

Research Questions the CoE’s Group of Experts on Action against Traf- ficking in Human Beings (GRETA) monitoring the During 2016 the team continued to follow its unique implementation of the Anti-trafficking Convention, crosscutting, group-focused approach, dealing with contributed to the Panel on Children on the Move. women’s rights/gender dimension, children’s rights/ Protection of children from violence will remain one age dimension and rights of victims of human traf- of five thematic pillars of the CoE Strategy, together, ficking, comprising of both a gender and anage inter alia, with ensuring access to child friendly jus- dimension. Furthermore, following up on the Boltz- tice. In respect to the first area, mention should be mann Association’s regular review of the Institute’s made of a global high-level conference on corporal performance in late 2015, the team developed punishment in Vienna in June 2016, upon invitation further its three main Research Questions identified by the Austrian Ministry for Families and Youth; as during the assessment process: far as juvenile justice and child-sensitive safeguards are concerned, new standards have been set by • What are the current challenges to the prevention the European Union through its Directive 2016/800 of and protection from violence and exploitation adopted in May 2016, which introduces measures of specific target groups? designed to safeguards a package of rights con- sistent with the reasoning of the European Court of • What are the main gaps in ensuring access to Human Rights and the Guidelines of child-friendly justice for the three target groups and what are justice. effective means to improve access to justice? Regarding women’s rights, Austria was among the • What are the essential elements of effective first two countries to be evaluated by GREVIO, monitoring of human rights implementation in which is the independent expert body responsible relation to the specific target groups? for monitoring the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence New Developments (). Sabine Mandl contributed to the Austrian NGO-Shadow Report, which was coor- The team’s activities during 2016 were set against dinated by the Association of Austrian Autonomous a background of major upheaval in the European Women’s Shelters and Domestic Abuse Interven- region, due to refugees from conflict zones in Syria, tion Centre in Vienna. One of the main results refer- Iraq and Afghanistan still arriving in large numbers red to the lack of data and research in the area of in Austria, and exposing blatant weaknesses both in violence against women. the EU’s and national asylum and reception regimes and political responses. Team members addressed The Global Report on Trafficking in Persons pub- those challenges, including failure of child protec- lished by UNODC in December 2016 highlighted tion systems along migration routes, including the once again the strong regional differences across prevention of unaccompanied children going mis- the globe, both in terms of types of exploitation and sing from reception centers and other institutions, target groups of exploitation, and further analyzed and the failure to identify potential victims of human the apparent difficulties in prosecuting and passing trafficking along those routes, on various occasions convictions against traffickers. On the regional level, in public appearances and research activities. GRETA decided to use for the first time its procedure for urgent requests in relation to worrying reports As far as protection of children’s rights is concer- from Italy about forced return flights without due ned, reference should be made to the new Coun- regard for Nigerian women to be properly identified cil of Europe’s Strategy for the Rights of the Child as possible victims of trafficking; in September 2016 2016–2021 launched in Sofia in April 2016; during GRETA undertook its first such country assessment this event, Helmut Sax, in his capacity of Member of mission to Italy under this urgency procedure.

26 Main Results tive 2014/95 requires non-financial reporting also on human rights related matters by large compa- On foot of the new 2016 EU Directive on procedu- nies in the EU, transparency in supply chains and ral safeguards for children suspected or accused obligatory reporting started to be highly relevant in criminal matters and in order to assist the mem- matters. In the UK, for instance, the Modern Slavery ber states of the EU to implement this Directive, an Act introduced a clause on transparency in supply EU-funded project led by the International Juvenile chains focusing on “modern slavery”. Research at Justice Observatory, was developed with the aim BIM develops recommendations on how clauses to put the voice of the child at the heart of juvenile like this should be implemented in order to prevent justice systems by providing information and know- trafficking in human beings. ledge (elaboration of a training manual) as well as training to juvenile justice national authorities and Furthermore, in 2016, Julia Planitzer and Helmut staff working in this field. In Austria, Sabine Mandl Sax successfully applied for a research grant of together with Moritz Birk organised a Workshop with the Austrian Research Fund (FWF) and started about 50 professionals on juvenile justice in Aust- their work on a legal Commentary to the Council of ria, in close cooperation with the Ministry of Justice. Europe Convention on Action against Trafficking in As far as local processes are concerned, BIM still Human Beings. This project will last for three years supports the Vienna municipality government in its and will result in a major book publication edited by efforts to implement activities following its official the two experts. Based on this project, the focus of declaration as a “City of Human Rights” in 2014; the research on trafficking in human beings at the this includes an emphasis on the rights of the child BIM will shift towards basic research. The resear- in the urban context and Helmut Sax contributed to chers aim to establish the first up-to-date and com- a Round Table in November on prevention and pro- prehensive analysis of the Convention. It should tection of violence against children. Moreover, the form a guide to the Convention, provide an in-depth project “Children’s rights behind bars” (2014–2016) analysis of its provisions and thereby contribute to a on monitoring standards for children deprived of better understanding of trafficking in human beings their liberty was finalized in 2016, by launching a and human rights obligations of States Parties. first Practical Guide for monitoring during a major conference in Brussels (see: http://www.childrens- rightsbehindbars.eu/outputs/practical-guide). Outlook

Sabine Mandl examined violence against refugee In addiction to that major piece of work on traf- and asylum seeking women and girls by carrying ficking and exploitation, which will remain a core out a desk-research on existing international and project until 2018, BIM will further strengthen also European legal instruments and empirical studies. its research focus on “violence” and in particular on The research revealed there is still very limited data gender-based violence against people with disa- available on the extent and nature of violence refu- bilities over the next years. In 2017 BIM will carry gee and asylum seeking women and girls in Austria out a representative prevalence study on “violence are exposed to. In that context Sabine Mandl pre- against people with disability”, together with two sented her findings within a multiplier seminar for national partners. the catholic women’s movement. In the area of children’s rights BIM is going to pursue Concerning trafficking in human beings, a major the issue of juvenile justice with special emphasis part of research was focusing on trafficking in on the counter-terrorism context, as a consortium human beings for the purpose of labour exploitation of EU partners including BIM has been awarded and its links to corporate liability. Ensuring access to another major EU-funded project on “Strengthening unpaid wages for exploited workers by holding com- Juvenile Justice Systems in the counter-terrorism panies liable was one of the main Research Ques- context: capacity-building and peer-learning among tions of the ongoing research. The link between the stakeholders” in June 2016. areas of business and human rights and trafficking in human beings have been strengthened by Julia Evidence of the team’s expertise can be found in Planitzer’s research on enhanced transparency in various memberships of professional groups and supply chains and its potential to prevent trafficking enhanced visibility among the academic commu- in supply chains. The research led to a publication nity: Sabine Mandl is part of an inter-ministerial/ins- in a peer-reviewed journal in 2016. Since EU Direc- titutional group on women, peace and security (UN

27 SR Resolution 1325) and Julia Planitzer and Hel- on his academic career, BIM supported Helmut Sax mut Sax are advisory members of the Task Force during his educational leave in 2016 to finalize his against Human Trafficking, the key coordinating dissertation in the child rights field. Consequently, body in Austria. Furthermore, Helmut Sax conti- it was decided to dissolve the current team, with nues to be member of the Council of Europe Expert Sabine Mandl and Julia Planitzer joining the social Group on Action against Trafficking in Human justice team led by Karin Lukas, while Helmut Sax, Beings (GRETA). Julia Planitzer presented at seve- upon his return in 2017, will start developing a new ral conferences on corporate liability for trafficking research programme in the field of intergenerational in human beings in 2016 and contributed to several justice and a life-cycle approach to human rights, publications in this field. linking children’s rights and human rights of older persons. On the internal level, following recommendations from the LBG review in 2015, a process of restruc- turing of the current formation of teams started in 2016. At the same time, in order to allow progress

Main Projects

Improving Juvenile Justice Systems in Europe: Training for Professionals (2015–2017) This project aimed to practically link new EU legislation in the field of rights of victims and suspects of crime with existing standards, specifically on juvenile justice, through a collection of good practices as a basis for a Training Toolkit and Manual, in order to ensure a consistent application of these standards across the Euro- pean region. The implementation was focused on two core activities: a train-the-trainer-program, based on the Manual developed by the project lead, International Juvenile Justice Observatory (IJJO) Brussels; and interdisciplinary national workshops on child-friendly justice for relevant stakeholders, such as lawyers, social workers and prison staff. Special attention was paid to individualized concepts of juvenile support and on alter- natives to detention. The IJJO-led toolkit and manual have been translated also into national languages and used in the workshops as well as distributed to all participants.

In Austria, the national juvenile justice workshop, organised by Sabine Mandl, took place on 23rd/24th of June 2016 at the Fede- ral Ministry of Justice in Vienna. Some 50 experts working at the police, in the juvenile justice system, probation service, civil soci- ety, academia, etc. shared their practical experiences and contri- buted to an agenda for next steps. A training manual was transla- ted into German and distributed to about 100 staff members of the juvenile justice system in Austria. Furthermore an online-course National juvenile justice workshop with Renate Winkler as guest speaker was developed to raise the awareness and knowledge of experts working in this field. The findings of the Workshop and recommendations are available on the website: http://bim.lbg.ac.at/en/story/workshop-juvenile-justice-austria

Corporate Liability regarding Trafficking in Human Beings for the purpose of Labour Exploi- tation and Access to Effective Remedy (2015–2017) Trafficking in human beings (THB) for labour exploitation is a serious global issue but the protection of rights of trafficked persons, in particular ensuring their access to justice, is fragmented internationally and at national levels. As the complexity of global supply chains combined with high economic pressure and unequal power relations bear high risks of labour exploitation, the private sector can be involved in THB for labour exploita- tion in several ways. For example, suppliers provide goods or services that are produced by exploited per- sons. Although legal standards at regional (Council of Europe, European Union) and at national level should ensure access to remedy including the possibility to claim compensation from corporations, victims of corpo- rate human rights abuses often face barriers to gain redress. The research explores possibilities for holding companies accountable for THB by criminal and civil law.

28 Important Events

Upholding the rights of children on the move: learning from the “refugee crisis” In the course of the High-level Conference “Reaching the heights for the rights of the child”, organised by the Council of Europe, and launching the new CoE Child Rights Strategy 2016–2021, Helmut Sax presented findings from GRETA’s monitoring work about missing safeguards for children on the move in Europe. 5 April 2016, Sofia, Bulgaria

Searching for Accountability of the Private Sector for Trafficking in Human Beings Julia Planitzer and Katharina Haeusler presented preliminary findings of the project “Corporate Liability regarding Trafficking in Human Beings for the purpose of Labour Exploitation and Effective Remedy” at the annual confe- rence of the International Association for the Study of Forced Migration. 12–15 July, Poznan, Poland

Active for peace. Women for an equal world. During a seminar focusing on women in the context of peace and armed conflicts for multipliers working for the catholic women’s movement, Sabine Mandl held a presentation on violence against refugee and asylum seeking women. 11–13 November 2016, Linz, Austria

Die Rechte des Kindes in der Praxis – kinderfreundliche Justiz Helmut Sax delivered an introductory lecture on international standards and child-friendly justice and held a Work- shop (together with Astrid Podsiadlowski/FRA) for legal professionals at the European Law Academy/Europäische Rechtsakademie (ERA). 14 November 2016, Trier, Germany

Anforderungen an ein nationales Unterstützungsverfahren zum Schutz der von Menschenhan- del betroffenen Kinder Helmut Sax presented key elements for a national referral mechanism for trafficked children as part of a larger child protection system, at a conference on the National Action Plan on sexual violence against children in Ger- many, organised by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, ECPAT Germany and “Die Kinderschutzzentren”. 18 November 2016, Berlin, Germany

Progress in developing an effective policy and practice against exploitation and trafficking of children in the Baltic Sea region In the context of the seminar “Promoting the Human Rights and Best Interests of Children in Transnational Child Protection Cases”, organised by the Council of the Baltic Sea States (CBSS) Helmut Sax offered a presentation on findings from GRETA’s monitoring work on child trafficking in the region. 7 December 2016, Stockholm, Sweden

Selected Publications

Planitzer, Julia Trafficking in Human Beings for the Purpose of Labour Exploitation. Can Obligatory Reporting By Corporations Prevent Trafficking? In: Netherlands Human Rights Quarterly 34/4, 2016. Utrecht: The Netherlands Institute of Human Rights, 2016. pp. 318–339.

Mandl, Sabine Gewalt gegen Frauen – ein vielschichtiges und oft unerkanntes Phänomen. In: Menschenrechts- befund 2016. Vienna: Österreichische Liga für Menschenrechte, 2016. pp. 24–27.

With contributions from Tiphanie Crittin and Helmut Sax: Defence for Children International (DCI/Ludwig Boltzmann Institute of Human Rights (eds.): Monito- ring places where children are deprived of liberty – Practical guide. Brussels: DCI, 2016. 166 pp. – available online at: http://www.childrensrightsbehindbars.eu/outputs/practical-guide

Sax, Helmut Kinderhandel, Kinderflucht, Kinderschutz – mehr Lücken als System? In: Global View 2/2016. Vienna: ÖGAVN [et al.], 2016. pp. 6–8. 29 Human Rights Education and Education for Democratic Citizenship

• How can we contribute to sensitizing educators and educational institutions regarding the topic of violence against girls and women? (→ For more information see the project “Educational Measures on the topic of Violence against Women”)

• Which needs and wishes do teachers have with regard to educational material for citizenship education with the target group of eight- to twelve-year-old students? (→ For more infor- In 2016, the focus of the team’s work again was on mation see the project “ENGAGE – Building Education for Democratic Citizenship (EDC) and together European Learning Material on Educa Human Rights Education (HRE) in schools. The tion for Citizenship”) unit has been running polis, the Austrian Centre for Citizenship Education in Schools since 2006, which means that in 2016 polis celebrated its tenth anni- New Developments versary (→ for having an insight into the work of the service centre as well as important developments The curriculum introducing compulsory modules for in Austrian citizenship education in the last decade, citizenship education in all schools from grade 6 on see the brochure “10 Jahre polis”: www.politik-ler- was finalized and announced in 2016. polis sup- nen.at/jahresberichte). ported Austrian teachers with information, material and training courses for the implementation of the polis – a project on behalf of the Austrian Federal curriculum. Ministry of Education – is the central pedagogical service institution for citizenship education in Aus- Moreover, polis continued its efforts of highligh- trian schools. Its main tasks are of a very practical ting the European Charter on EDC/HRE in Austria nature and very much focusing on the implemen- and supporting the Council of Europe’s EDC-pro- tation of EDC/HRE in Austrian schools. polis ser- gramme as well as its No-Hate-Speech-Campaign ves as an information platform and advisory centre, through dissemination activities in Austria. develops new teaching materials, plays a part in European and Austrian discussions on citizenship To support the implementation of the National education, has an influential role in teacher training Action Plan on Violence Against Women, polis put and organises events for students. a special emphasis on women’s rights and provided teachers and multipliers with a series of educational offers with regard to gender-based violence. Research Questions In 2016, the Federal Ministry of Education assig- In line with the main projects of polis, in 2016 the ned polis with the coordination of a series of school team’s staff put a special emphasis on the following workshops addressing prejudices and stereotypes, Research Questions: reflecting on sensitive language and gender roles as well as ways of respectful interaction. More than • How can we best support teachers and multi- 550 workshops were carried out in school classes pliers in addressing the topic of hate speech with throughout Austria. The feedback from the students young people in school or extracurricular youth and teachers was encouraging and the trainers work? (→ For more information see the project confirmed that teachers specifically wish for exter- “Bookmarks – Combating hate speech online nal support regarding topics such as the prevention through human rights education”) of violence and social learning.

30 The joint initiative by the Austrian Federal Ministry of Schools, Professionalization of Teachers. The of Education, the Austrian Representation of the results of the study will be published in 2017: http:// European Commission and the Information Office of eacea.ec.europa.eu/education/eurydice/. the European Parliament on the topic of “European Citizenship Education” was pursued in 2016, culmi- nating in the kick-off event of the network “EUrope Outlook in School” in autumn. In 2017, polis will continue to support teachers and Many other activities closely related to the BIM in multipliers in providing their students with insights the field of human rights education and training are into important (socio-)political questions and cur- implemented with contributions of different teams, rent topics with relevance to human rights. The e.g. the European Master’s Degree in Human Rights periodical for teachers will focus, inter alia, on the and Democratization (E.MA), the Vienna Master of topics of “Welfare State”, “International Politics” and Arts in Human Rights, the Fundamental Rights Trai- “Human Rights Education (Universal Declaration of nings for Austrian Judgeship Trainees or the Stra- Human Rights, European Convention on Human niak Academy for Human Rights and Democracy. Rights, and Convention on the Rights of the Child)”. To further disseminate the Council of Europe’s No-Hate-Speech-Campaign, in spring 2017 polis Main Results will publish a second revised and extended edition of the German version of the manual “Bookmarks”. In 2016, members of the team participated in numerous advisory councils, networks and asso- The topical focus of “European Citizenship Educa- ciations on citizenship education and human rights tion” will be further deepened by the implementation education, e.g. the Network of Children’s Rights or of the program “Ambassador Schools for the Euro- the board of the Austrian Interest Group Citizenship pean Parliament”, in cooperation with the Informa- Education. In this function, polis co-organised the tion Office of the European Parliament. 7th annual meeting of the interest group on 26–27 February. The lectures and workshop-sessions The project First Vienna Protest Path will see the focused on topics such as “inclusive citizenship realisation of two new stations: the first station education”, “equality and difference in school, ext- addressing the fight for women’s suffrage, the racurricular work and adult education” or “equality second one dealing with the upcoming jubilees in and difference in the media” and will be publis- 2018: 70 years since the Universal Declaration of hed as a conference documentation: www.igpb.at/ Human Rights and 60 years since the ratification publikationen. of the European Convention on Human Rights by Austria. Within the framework of the project “ENGAGE – Building together European Learning Material on Education for Citizenship”, polis analysed the status quo of citizenship education in Austria and carried out an empirical study questioning Austrian teachers for their needs and wishes with regard to the teaching of citizenship education.

Haupt, Maria; Turek, Elisabeth: Citizenship educa- tion with children aged 8–12 in Austria. In: DARE Blue Lines. DARE network (ed.), 2016.

Staff members of polis were also part of the Aust- rian team of experts collecting and preparing data for the comparative study “Citizenship Education in Europe”, published by the educational information network Eurydice (European Commission) for the second time. The questionnaire covers five core areas: Policy Background, Curriculum, Learning Citizenship, Student Assessment and Evaluation

31 Main Projects

Bookmarks – Combating Hate Speech Online through Human Rights Education Since 2014 polis has been supporting the Council of Europe’s No-Hate- Speech-Movement (www.nohatespeechmovement.org) by organising coope- ration events with the European Wergeland Center and the Austrian Parlia- mentary Administration within the framework of the Austrian Citizenship Days. During these sought-after workshops, exercises and ideas from the Council of Europe’s manual “Bookmarks” were presented to teachers and multipliers. “Bookmarks” is an appropriate tool to address this topic on the interface of preventing violence, digital skills and human rights issues in school as well as in extracurricular education. In 2016, polis coordinated the trans- lation of the manual into German language. Moreover, polis is a member of the newly-founded national No-Hate-Speech-Committee, which aims at linking representatives from ministries, institutions in the federal states as well as NGOs and at raising awareness for the topic within their respective target groups.

Educational Measures on the topic of “Violence against Women” As a contribution to the National Action Plan on Violence against Women, in 2016 polis continued and intensi- fied its educational measures on the topic of “Violence against Women”. The set of materials, which contains publications on gender-based violence and women’s rights, was complemented with four more publications. These manuals address the topics of Female Genital Mutilation and Forced Marriage, and provide recommen- dations for non-discriminatory school books as well as gender-sensitive children’s and youth books. Teachers and multipliers can download the set of materials for free and the access numbers show that there is a conti- nuous demand for material that addresses the topic of violence in school and provides advice and recommen- dations for action.

ENGAGE – Building together European Lear- Workshops for school classes: ning Material on Education for Citizenship Respect, togetherness and equality of The project aims at women and men developing teaching In 2016, the Austrian Federal Ministry of Education material on the topic again provided schools throughout Austria with free of citizenship educa- workshops that were coordinated by polis, the Aus- tion for the target group of eight- to twelve-year-old trian Centre for Citizenship Education in Schools. students. All partner organisations of ENGAGE The workshops put an emphasis on issues such (based in Germany, France, Poland, Spain and the as strengthening the class community, addressing UK) evaluated the status quo of citizenship educa- prejudices and stereotypes, reflecting on sensitive tion in their respective countries and assessed the language and gender roles as well as respectful needs of students and teachers on the national level interaction with others in general. (analysis with both theoretical and empirical part). Subsequently, on this basis the material was deve- The trainers used a variety of different approaches: loped and tested. Results of this testing period and presentations and subsequent discussions, role of the exchange of good practices between the par- play, educational theatre elements, group work, ticipating European partners were integrated and games, use of media, etc. Each workshop was served as a guideline for finalizing and publishing concluded with a round of reflection. Under the the teaching material. umbrella of polis, 46 organisations offered 117 diffe- rent workshop topics. In total, 552 workshops were The eleven teaching modules developed within carried out in 2016. The feedback from the students the framework of the project focus on the topics: and teachers was encouraging and the trainers Democracy | Diversity and Discrimination | History confirmed that teachers specifically wish for exter- and Memory | Exploring Emotions and Identity | nal support regarding topics such as the prevention Children’s Rights | Conflict Resolution | Media Edu- of violence and social learning. cation | Human Rights | Sustainable Development | Participation | Solidarity

32 Important Events

Austrian Citizenship Days 2016 The Austrian Citizenship Days, initiated by the Austrian Federal Ministry of Education and organised by polis, each year offer more than 200 events for students, teachers and multipliers as well as the broad public from 23 April to 9 May. The Citizen- ship Days are a forum for all topics related to citizenship educa- tion and provide an opportunity to discuss and try out manifold approaches, including outreach programmes and methods. The guiding idea and European umbrella is the Council of Europe’s slogan “Learning and Living Democracy” within its Education Austrian Citizenship Days 2016 for Democratic Citizenship and Human Rights programme. In 2016, the Austrian Citizenship Days put a special emphasis on the topic of “Women and Politics | Women in Politics”.

Human Rights – Challenges in the 21st Century Within the framework of the Austrian Citizenship Days 2016, Patricia Hladschik, Manfred Nowak and Dorothea Steurer offe- red two training courses for teachers and multipliers, which were organised by the Teacher Training College Salzburg (25– 26 April) and the Teacher Training College Carinthia (2–3 May). The lectures focused on topics such as “history and importance of human rights”, “children’s rights and women’s rights”, “torture The programme of the Austrian Citizenship Days and detention” or “current obstacles, chances and challenges 2016 with regard to human rights”.

Presentation of the German version of “Bookmarks – A manual for combating hate speech online through human rights education” On 3 May, polis – the Austrian Centre for Citizenship Educa- tion in Schools and the Austrian Parliamentary Administration organised a panel discussion as well as workshop-sessions to introduce the manual “Bookmarks” to young people, teachers, youth workers and multipliers. The event was initiated as a con- Presentation of “Bookmarks” tribution to the Austrian Citizenship Days 2016 and the Council © Parlamentsdirektion / Thomas Jantzen of Europe’s No-Hate-Speech-Movement.

Network Meeting “EUrope in Schools” 120 headmasters and teachers from schools throughout Aus- tria participated in the event on 28 November, organised by polis. The meeting was the kick-off to the new network “EUrope in Schools”, initiated by the Austrian Federal Ministry of Educa- tion, the Representation of the European Commission in Aus- tria and the European Parliament’s Information Office, which aims at supporting school principals and teachers in strengthe- ning European Citizenship Education at their school. Kick-off “EUrope in Schools” © European Commission – Representation in Austria / Martin Hörmandinger

33 Selected Publications

Keen, Ellie/Georgescu, Mara Bookmarks. Bekämpfung von Hate Speech im Internet durch Men- schenrechtsbildung. Ed. by polis – Austrian Center for Citizenship Edu- cation in Schools. Vienna: Edition polis, 2016. 215 pp. The manual introduces ideas and exercises for young people on the question of how to combat hate speech online through human rights education. It further- more provides lots of background information for teachers, youth workers and multipliers. It was first published by the Council of Europe to support its No-Hate- Speech-Campaign. In 2016, polis coordinated the translation of the manual into German language.

Hladschik, Patricia Recommendations for non-discriminatory schoolbooks. Focus gender and sexual orientation. Ludwig Boltzmann Institute of Human Rights. Pristina: BIM, 2015. 100 pp. The publication reflects for possible discrimination in school books and provides teachers and students, school book authors and editors with a practice-oriented tool they can use when analysing texts and pictures.

Haupt, Maria Gender-sensitive children’s and youth books with a focus on the prevention of violence. Vienna: Edition polis, 2016. 28 pp. The brochure recommends children’s and youth books, which are suitable for the educational work regarding the prevention of violence. In addition, the pub- lication provides ideas and suggestions on how to consider the dimension of gender within the presented books.

Periodical for teachers “polis aktuell”. Vienna: Zentrum polis, 2016. Every issue is dedicated to a particular topic of citizenship education, providing an editorial part with general background information, exercises for the class- room, tips for links and background reading. In 2016, the issues focused on the following topics: 1. Mandl, Sabine/Steurer, Dorothea/Tadic, Matea Forced marriage 2. Turek, Elisabeth Transcultural and intercultural learning 3. Liebentritt, Sabine Taxes – what for? 4. Liebentritt, Sabine/Turek, Elisabeth Citizenship education curricula 2016 5. Turek, Elisabeth/Peham, Andreas Fanatization as a challenge for citizenship education 6. Haupt, Maria Law and politics

34 Staff

TEAM OF DIRECTORS

Patricia HLADSCHIK Managing Director Manfred NOWAK LBI Director Fiona STEINERT Managing Director Hannes TRETTER LBI Director

PERMANENT STAFF

ANTIDISCRIMINATION, ASYLUM, MIGRATION

Barbara LIEGL Resident Twinning Advisor in Serbia Project: Support to the advancement of human rights and zero tolerance to discrimination (Twinning)

Katrin WLADASCH Head of Team Anti-discrimination, diversity

Jane HOFBAUER Anti-discrimination, migration (until February 2016)

Margit AMMER Anti-discrimination, asylum

Monika MAYRHOFER Anti-discrimination, migration

Dieter SCHINDLAUER Resident Twinning Advisor in Kosovo (until April 2016) Project against Homophobia and Transphobia

EUROPEAN NEIGHBOURHOOD AND INTEGRATION POLICY

Susanne FRACZEK Head of Team

Heidrun AIGNER Project management (sabbatical)

Claudia HÜTTNER Project management

Jana FRÜHAUF Project management (until August 2016)

Anna MÜLLER-FUNK Fundamental Rights Agency

Agnes TAIBL Project management

Christian WAWRINEC Project management

35 WOMEN’S RIGHTS, CHILDREN’S RIGHTS, TRAFFICKING IN HUMAN BEINGS

Helmut SAX Head of Team Children’s rights, Trafficking in Human Beings, Development cooperation

Sabine MANDL Women’s rights

Julia PLANITZER Women’s rights, Trafficking in Human Beings

HUMAN RIGHTS IN DEVELOPMENT COOPERATION AND BUSINESS

Karin LUKAS Head of Team Development cooperation, Business and Human Rights

Katharina HÄUSLER Business and Human Rights, EU external policies,

Development cooperation (until August 2016)

Barbara LINDER Business and Human Rights, CSR

Claudia SPRENGER Development cooperation, Rights of people with disabilities

HUMAN DIGNITY AND PUBLIC SECURITY

Moritz BIRK Head of Team Torture prevention

Tiphanie CRITTIN Torture prevention (until October 2016)

Stephanie KRISPER Torture prevention

Caroline PAAR Coordination of Commission 4 of the Austrian Ombudsman Board

Andrea SCHÜCHNER Torture prevention

Gerrit ZACH Torture prevention

HUMAN RIGHTS EDUCATION

Patricia HLADSCHIK Head of Team (until February 2016) polis – Austrian Centre for Citizenship Education in Schools

Sabine LIEBENTRITT Head of Team (since February 2016) polis – Austrian Centre for Citizenship Education in Schools

Ingrid AUSSERER polis – Austrian Centre for Citizenship Education in Schools

Maria HAUPT polis – Austrian Centre for Citizenship Education in Schools

Dorothea STEURER polis – Austrian Centre for Citizenship Education in Schools

36 Elisabeth TUREK polis – Austrian Centre for Citizenship Education in Schools

Marijana GRANDITS European Master on Human Rights and Democratisation

ADMINISTRATION, ASSISTANCE, UNIVERSITY LECTURES

Margit BRAUN Secretariat

Grazyna CZEMRYSZEWSKA Cleaning

Patrik HLADSCHIK Administration

Julia HOLZMAYER Secretariat, apprentice (until December 2016)

Rainer JANTSCHER IT-Support

Petra MACHACEK Library

Simon MACHLEIDT Sir Peter Ustinov Institute (until December 2016)

Corinna METZ Sir Peter Ustinov Institute

Martin NEUBAUER Administration, accounting

Isolde PROMMER Project development

Nina RADOVIC Student assistant, Project management Straniak Academy for Human Rights and Democracy, Civil Society in Bosnia Herzegovina

Karl SCHÖNSWETTER Accounting

Barbara WEICHSELBAUM University Assistant to Prof. Tretter

RESEARCH CENTRE HUMAN RIGHTS (University of Vienna)

Sandra BENECCHI Events co-ordination

Ana JAGODIC Trainee

Julia KOZMA Torture prevention (until July 2016)

Anna MÜLLER-FUNK Research co-ordination

Isolde PROMMER Funding co-ordination

Katherine Thompson Researcher

37 STAFF CHANGES

2016 began with the start of a new FWF-funded project – the update of the comprehensive Commentary on the Convention against Torture. Giuliana Monina took over the task of co-ordinating the contributing authors and the overall project.

With the anniversary of polis, the centre for human rights and citizenship education at the BIM, which has been established and led by Patricia Hladschik for ten years, she handed over its management to Sabine Liebentritt in February. Jane Hofbauer left the BIM in spring 2016 after final work in a project on climate policies and their human rights implications. Jane joined the team of Prof. Binder at the law faculty of the University of Vienna. After successfully finalising the Twinning project against homophobia in Kosovo in his function as Resident Twinning Adviser Dieter Schindlauer now works as an associated expert in BIM projects, most intensively in the Twinning project on anti-discrimination in Serbia. Jana Frühauf who was responsible for the management of the Kosovo project left the BIM in summer after completion of the project audit and is now working in the area of knowledge management.

Dorothea Keudel-Kaiser joined the institute on a short-term basis to co-ordinate the study “A new asylum policy for Europe?! Opting for a rights-based approach” during the first half of 2016.

The Human Dignity and Public Security department saw a number of changes: Jean Tomkin was seconded to the BIM by its partner organisation European Law Academy to contribute her expertise to a project on the co- operation between National Preventive Mechanisms and the judiciary. Nóra Katona joined the team and works on several projects in the field of criminal justice. In autumn 2016, Tiphanie Crittin left the BIM to work at the United Nations Office on Drugs and Crime.

Patrik Hladschik joined the administrative team and provided support in the BIM’s secretariat.

Katharina Häusler left the BIM in summer 2016 and now feeds her experiences as a legal researcher into her new job as a lawyer.

Simon Machleidt who assisted the Secretary General as part of the BIM’s co-operation with the Sir Peter Usti- nov Institute left at the end of 2016.

At the Research Centre Human Rights the contract of Julia Kozma ended in summer 2016. She continues working as an expert on torture prevention with the Committee for the Prevention of Torture of the Council of Europe.

We welcome the new team members and wish those who left us in the course of 2016 all the best with regard to their personal and career development. We would like to sincerely thank all of them for their commitment and dedication to human rights work at the BIM.

38 Finances

BIM projects and other activities are implemented via two legal entities: the Ludwig Boltzmann Association and the BIM Research Association. Furthermore, the BIM closely collaborates with the Research Centre Human Rights at the University of Vienna.

In 2016, the budget of the Ludwig Boltzmann Institute was € 2.3 million. The Research Association operated with a budget of € 920,000.

Funding of the LBI and the Research Association comes from a broad range of sources and is mainly project-based.

The following charts show how funding is divided according to donors.

Funding LBI Research Human Rights International foundations Organisations 8% Basic funding 1% LBG Private 9% Foundations 2%

Public funds 5%

European Commission 75%

Funding BIM Research Association Foundations Universities 9% Donations 2% 6% Private business / organisations 4%

Public funds - EC/int. 7%

Public funds - federal 72%

39

40 Events

BIM Conferences, Workshops and Trainings

Training on Fundamental Rights for Judgeship Trainees 25 to 27 January 2016, Reichenau an der Rax, Austria Julia Planitzer, Christof Tschohl and Curd Steinhauer implemented a three-day training on fundamental rights for judgeship trainees.

Closing Event of the Twinning Light Project “Promotion of the Ombudsman competences and enhancement of its capacities” 2 February 2016, Skopje, Macedonia The event was organised by the Office of the Ombudsman of the Republic of Macedonia in cooperation with the Austrian Ombudsman Board and the BIM, and attended by representatives of media, civil society, the EU Delegation as well as the Austrian Embassy in Skopje. Among the speakers were Ixhet Memeti (Ombudsman and Project Leader, Macedonia), Gertrude Brinek (Ombudswoman and Project Leader, Austria), Aivo Orav (Head of Delegation of the EU to the FYR of Macedonia), Renate Kobler (Austrian Ambassador to Macedonia) and Peter Kastner (Senior Expert of the Austrian Ombudsman Board).

Annual Conference of the “Interessengemeinschaft Politische Bildung” 25 to 26 February 2016, Vienna, Austria polis – The Austrian Centre for Citizenship Education in Schools was co-organiser of the 7th annual confe- rence of the “Interessengemeinschaft Politische Bildung”. The lectures and workshop-sessions focused on topics such as “inclusive citizenship education”, “equality and difference in school”, “extracurricular work and adult education” or “equality and difference in the media”.

ClimAccount-Workshop “Human Rights Performance in EU Climate Policy” 17 March 2016, Vienna, Austria The participants of this workshop discussed the findings of the ClimAccount project: Felismino Alcarpe (EIB, Luxembourg), Jane Hofbauer (BIM, University of Vienna), Monika Mayrhofer (BIM), Florian Mersmann (Wup- pertal Institut), Jeanette Schade (University of Bielefeld), Maartje van Putten (Global Accountability), Juliane Voigt (Carbon Market Watch, Brüssel), Gertraud Wollansky (Vienna, Ministry of Environment).

Final event of the Twinning Project against Homophobia and Transphobia in Kosovo 1 April 2016, Pristina, Kosovo The event was organised by the Kosovo Office for Good Governance in cooperation with the BIM and the Finnish National Institute for Health and Welfare. Based on an exit strategy, which was developed by the Austrian experts and which presented milestones of the project as well as recommendations for further input, the project team had the opportunity to discuss the lessons learned, the results of the project and challenges ahead. Sadete Demaj-Kajtazi (RTA Counterpart from the Office of Good Governance in Kosovo) noted that there had been positive movements within the various project activities in the last two years, but that further engagement regarding LGBTI rights was necessary. In line with the exit strategy, this should be done within the Advisory and Coordination Group for the rights of the LGBTI Community, to further support and sustain an active, fruitful, partnership-oriented and sustainable network of government, civil society, the international community and regional stakeholders.

Strengthening Cooperation in Criminal Matters between the Judiciary and National Preven- tive Mechanisms – Consultation Workshop for Judges 21 to 22 April 2016, Trier, Germany The workshop, organised jointly by the BIM and the Academy of European Law (ERA) in Trier, targeted judges from EU Member States. It aimed to enhance their knowledge of the Framework Decisions on detention and the European Arrest Warrant (EAW), with a focus on human rights implications in their implementation. Judges

41 increased their knowledge of the mandate of National Preventive Mechanisms (NPMs) and reflected on how a cooperation with NPMs could support an implementation of EU law in accordance with human rights. Tiphanie Crittin, Gerrit Zach and Moritz Birk presented the main findings of the project’s baseline study.

Austrian Citizenship Days 2016 23 April to 9 May 2016, throughout Austria The Austrian Citizenship Days offered more than 200 events for students, teachers and multipliers as well as the broad public. The annual Citizenship Days are a forum for all topics related to citizenship education and provide an opportunity to discuss and try out manifold approaches, including outreach programmes and methods. The guiding idea and European umbrella is the Council of Europe’s slogan “Learning and Living Democracy” within its “Education for Democratic Citizenship and Human Rights” programme. In 2016, the Austrian Citizenship Days put a special emphasis on the topic of “Women and Politics | Women in Politics”. www.aktionstage.politische-bildung.at

Visit of a High Level Delegation from Kyrgyzstan 24 to 27 April 2016, Vienna, Austria The BIM welcomed a joint delegation of the Kyrgyz Parliament and the Kyrgyz Ombudsman Office in Vienna. During the study tour organised by BIM under the EU funded project “Promoting the rule of law in Kyrgyzstan with special emphasis on transparency and accountability”, the procedures of the Austrian Parliament and the Ombudsman’s Office, the cooperation between them and the human rights situation in Austria were discussed. Meetings and discussions on respecting the rule of law, the prevention of torture and the role of the Ombuds- man in a democratic state were held with the BIM experts Hannes Tretter, Stephanie Krisper, Gerrit Zach and Dmitry Nurumov. From Vienna, the delegation travelled to Copenhagen, where the Danish Institute for Human Rights presented its activites.

Roundtable Discussion with the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein 26 April 2016, Vienna, Austria In order to gain insight into the current human rights situation in Austria, a discussion with a particular focus on human rights and migration between the High Commissioner and representatives of the civil society was organised. A large number of well-known civil society initiatives attended the forum and contributed to a lively discussion.

Migration: Why human rights matter 29 April 2016, Vienna, Austria On the occasion of his visit to Austria the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, held a public lecture, followed by a Q&A session with the audience. Manfred Nowak moderated this presenta- tion, which was jointly organised by the Office of the High Commissioner for Human Rights, the Research Cen- tre Human Rights of the University of Vienna, the BIM and the Austrian Federal Ministry of Science, Research and Economy (BMWFW).

Training on Fundamental Rights for Judgeship Trainees 2 to 4 May 2016, Reichenau an der Rax, Austria Julia Planitzer, Christof Tschohl, Hagen Nordmeyer and Werner Nageler-Petritz implemented a three-day trai- ning on fundamental rights for judgeship trainees.

No Hate Speech – Presentation of the German Version of “Bookmarks – A manual for combat- ting hate speech online through human rights education” 3 May 2016, Vienna, Austria Within the framework of the Austrian Citizenship Days 2016, polis – The Austrian Centre for Citizenship Edu- cation in Schools and the Austrian Parliamentary Administration organised a panel discussion as well as work- shop-sessions to introduce the manual to young people, teachers, youth workers and multipliers. The transla- tion of the manual into German language was supported by: Austrian Federal Ministry of Education, Austrian Parliament, Austrian Federal Ministry of Families and Youth, Saferinternet.at.

42 Juvenile Justice in Austria 23 to 24 June 2016, Vienna, Austria Workshop in the framework of the EU project “Improving juvenile justice system in Europe – Training for pro- fessionals” organised by the BIM together with the Ministry of Justice with the aim to increase the awareness of international and european human rights standards for juveniles who were in conflict with the law. The partici- pants (e.g. police officers, judges, social workers, psychologists, etc.) discussed measures in order to improve the juvenile justice system in Austria. A new training manual for professionals was presented and distributed. Moritz Birk and Sabine Mandl from the BIM participated with presentations.

Strengthening Cooperation in Criminal Matters between the Judiciary and National Preven- tive Mechanisms – Consultation Workshop for NPMs 7 to 8 June 2016, Vienna, Austria This workshop for National Preventive Mechanisms (NPMs), organised jointly by the BIM and the Academy of European Law (ERA), discussed developments regarding EU law and relevant for the monito- ring bodies, as well as the potential role of NPMs in contributing to the human rights compliant implementation of EU law. Gerrit Zach gave two presentations: one on the CJEU case Aranyosi-Caldarau and a second one on findings of the baseline study on relationships between NPMs and the judiciary, in addition to moderating working groups.

Workshop “Kultur der Menschenrechte jetzt. Anregungen für Kultur und Menschenrechte” 20 to 23 June 2016, Vienna, Austria In the course of the Fundamental Rights Forum in Vienna, Human Rights Office of the City of Vienna, the FRA, and the Ludwig Boltzmann Institute of Human Rights organised the workshop “Culture and Human Rights Now: Proposals for a Human Rights Culture”. The central idea of the workshop was to stimulate the discussion about new concepts and projects for the City of Vienna on the one hand, but also as suggestions for other cities and municipalities. The panelists were: Anna Badora (Artistic Director, Volkstheater), Matti Bunzl (Direc- tor, Wien Museum), Matthias Naske (Artistic Director, Wiener Konzerthaus), Alf Netek (Chief Marketing Officer, Kapsch AG), Ula Schneider (Artistic Director, SOHO in Ottakring). Moderation: Beate Winkler.

Istanbul Protocol Implementation: Transforming Regional Experiences into International Norms for Effective Torture Investigation and Documentation 21 to 22 September 2016, Bishkek, Kyrgyzstan The conference was organised by Kyrgyz authorities in cooperation with SOROS, Physicians for Human Rights, the BIM and others. In the framework of the conference, Gerrit Zach moderated the session on effec- tive legal investigation and prosecution, Moritz Birk presented the results of a study “Does torture prevention work” and Dmitry Nurumov moderated a session on admissibility of evidence obtained under torture.

Panel Discussion: Legal and Institutional Framework in Bosnia and Herzegovina 21 October 2016, Vienna, Austria The European Commission’s Directorate-General for Neighbourhood and Enlargement Negotiations (DG NEAR), the Institute for the Danube Region and Central Europe (IDM) in cooperation with the BIM and the Austrian Institute for International Affairs (OIIP) invited to this panel discussion. All EU Member States fully and firmly support Bosnia and Herzegovina’s EU perspective as a future member of the EU, consistent with the Thessaloniki Declaration of 2003. In February 2016, Bosnia and Herzegovina formally applied for EU membership in Brussels. However, on EU level it is clear that this accession process will take years. Despite of the efforts done by Bosnia and Herzegovina, the functioning of the judiciary remains a problem, with a clear need to develop an independent and impartial judiciary, accountable governments and transparent procedures respecting the rule of law. Hannes Tretter and Nina Radovic participated with inputs to the panel, which was chaired by Marijana Grandits.

43 Ensuring Fundamental Rights Compliant Implementation of Framework Decisions related to Detention – The role of the Judiciary and National Preventive Mechanisms 16 to 17 November 2016, Vienna, Austria BIM and the Academy of European Law (ERA) organised this conference for judges and NPM representatives. Gerrit Zach gave a presentation on the possibilities of coordination between judiciary and NPMs and modera- ted one of the working groups. Moritz Birk moderated the session on the role of the international community and one of the working groups. Jean Tomkin gave a presentation of chances and challenges of the Framework Decisions with regard to the prevention of ill-treatment and moderated a working group as well.

Kick-off: Network “Europe in Schools” 28 November 2016, Vienna, Austria 120 headmasters and teachers from schools throughout Austria participated in the event, which was organised by polis – The Austrian Centre for Citizenship Education in School. The meeting was the kick-off of the new network “Europe in Schools”, initiated by the Austrian Federal Ministry of Education, the European Parliaments Information Office in Austria and the European Commission – Representation in Austria. The network aims at fostering European Citizenship Education in Austrian schools.

Conference of the South East European NPM network 29 to 30 November 2016, Zagreb, Croatia The conference was organised by the Croatian Ombudsperson together with the BIM. It dealt with the follow- up to NPM recommendations, the Mandela rules and the role of NPMs in the EU “refugee crisis”. Gerrit Zach gave a presentation of the follow-up to NPM recommendations and presented results of the respective working group discussions. Jean Tomkin moderated one session and presented results of the working group discus- sions on the Mandela Rules.

IMPAIR Roundtable 15 December 2016, Vienna, Austria The IMPAIR project focuses on enhancing procedural safeguards for criminal suspects and accused with intellectual and/or psychiatric impairments. The national roundtable assembled national experts, in particular judges, attorneys, medical staff, NGO representatives, legal representatives, police and penitentiary staff. The goal was to present the project and to identify practical challenges and good practices during the criminal procedure. The BIM was represented by Barbara Linder, Stephanie Krisper, Claudia Sprenger, Moritz Birk and Nora Katona.

FRA Roundtable: Civil Society 15 December 2016, Vienna, Austria On the occasion of this year’s Fundamental Rights Forum, but also in the light of the progress of Vienna as a Human Rights City and the commitment of private individuals to the care and support for refugees, the roundtable was dedicated to cooperation with civil society. In view of the important role of civil society and the intensified cooperation between governmental institutions, international organisations, NGOs, social move- ments and individuals, new challenges, experiences and potentials arise. The following panelists joined the discussion: State Secretary Muna Duzdar (Secretary of State for Diversity, Public Service and Digitization, Federal Chancellery), Waltraud Heller (Civil Society Coordinator, EU Fundamental Rights Agency), MEP Ulrike Lunacek (Vice-President of the European Parliament) and Josef Missethon (Talents for Austria). Moderation: Manfred Nowak.

44 Roundtable Series of the Viennese Human Rights Office

The BIM supports the Viennese Human Rights Office in elaborating a human rights action plan for the City of Vienna by co-organising roundtable discussions on the two main focus areas of the action plan: children’s rights and security and human rights. The results of the discussions will feed into a Viennese Human Rights Action Plan.

Roundtable on Security and Human Rights: Focus Human Rights and Security Policy in Vienna 13 January 2016, Vienna, Austria The first roundtable on security and human rights brought together representatives of different departments of the City of Vienna and of the police in order to discuss future cooperation and exchange in view of the Regional Dialogue Forums established by the Ministry of the Interior. Moritz Birk, Katrin Wladasch and Fiona Steinert participated in the discussion.

Roundtable on Children’s Rights: Focus Unaccompanied Minor Refugees 26 January 2016, Vienna, Austria The roundtable was organised by the Focus Group Children’s Rights, which is co-ordinated by the Viennese Human Rights Office. Civil society representatives, officers of the City of Vienna and other experts discussed measures to improve the situation which has become specifically challenging after the increase of refugee numbers in summer/autumn 2015. Patricia Hladschik moderated the discussion, and Helmut Sax participated and contributed concluding remarks.

Roundtable on Children’s Rights: Focus Child Poverty 18 May 2016, Vienna, Austria The Focus Group Children’s Rights together with the Human Rights Office of Vienna invited to a roundtable on local measures against child poverty in Vienna. Representatives of the City of Vienna, civil society and other experts discussed possibilities to co-ordinate and improve existing actions. Moderator: Patricia Hladschik.

Roundtable on Security and Human Rights: Security and Sense of Security in Public Space 30 June 2016, Vienna, Austria The roundtable with stakeholders from different departments of the City of Vienna, the police, civil society and academic experts analysed the status quo, collected ideas and developed first measures for a human rights based local security policy. Fiona Steinert and Anna Müller-Funk supported the Human Rights Office in the conceptual preparation and follow-up.

Roundtable on Children’s Rights: Focus Violence against Children 22 November 2016, Vienna, Austria As third in the series of roundtables on children’s rights this roundtable brought together city and civil society representatives as well as other experts to discuss prevention measures and develop recommendations for a human rights action plan of the City of Vienna. Helmut Sax participated in the discussion, which was modera- ted by Patricia Hladschik.

Roundtable on Security and Human Rights: Human Rights Based Communication Measures regarding Security in Vienna 1 December 2016, Vienna, Austria As follow-up to the roundtable in June the Viennese Human Rights Office invited representatives of different departments of the City of Vienna, the police, civil society as well as media and academic experts to discuss how the narrative of Vienna as a “safe city” can be re-shaped and based on human rights. Fiona Steinert supported the preparations of the roundtable and took part in the discussion together with Anna Müller-Funk.

45 Lectures, Panel Discussions, Presentations

JANUARY Monitoring of Places of Detention: Purposes and Principles of Monitoring, Interview Techniques, Follow-up Workshop for the representatives of the Migration Department of the Ministry of the Interior of Geor- gia held by Moritz Birk and Tiphanie Crittin. 18 to 19 January 2016, Kvareli, Georgia

N-O-W Conference 2016 Panel input by Manfred Nowak. 21 to 22 January 2016, Vienna, Austria

What role does the Safe Harbor Decision of the European Court of Justice play for Law, Economy and Society in Austria? Lecture by Hannes Tretter at the Jour-Fixe-Event of the Wissenschaftliche Interessensgemeinschaft IT-LAW.AT and Universitätslehrgang für Informations- und Medienrecht (University Course for Infor- mation and Media Law). 22 January 2016 Vienna, Austria

E.MA Teaching Week on Field Missions and Practical Human Rights Work Presentations held by Manfred Nowak at European Inter-University Centre for Human Rights and Democratisation (EIUC). 10 to 15 January 2016, Venice, Italy

BSA-Talk: “Was zu tun wäre, damit in Österreich etwas weitergeht” Manfred Nowak discussed at Bund Sozialdemokratischer AkademikerInnen. 25 January 2016, Vienna, Austria

Inauguration of UNESCO-Chair Christiane Druml for Bioethics Statement by Manfred Nowak at the inauguration ceremony at Medical University of Vienna. 26 January 2016 Vienna, Austria

FEBRUARY Wiener Advokatengespräche / 44. Europäische Präsidentschaftskonferenz (European Presidential Conference 2016) Lecture by Hannes Trettner about refugees in Europe and law related questions. 5 February 2016, Vienna, Austria

Torture and Disappearances in International Human Rights Law and Practice Course held by Manfred Nowak at the Faculty of Law of Auckland University. 7 to 17 February 2016, Auckland, New Zealand

Trafficking in Human Beings: Standards to prevent Trafficking in Human Beings and the role of Human Rights Lecture for students of the Masterprogramme “Human Rights” of the Danube University Krems, giving an overview of all relevant legal standards concerning trafficking in human beings and current issues in implementing these standards, held by Julia Planitzer. 21 February 2016, Krems an der Donau, Austria

Being a Citizen – Engagement of the Civil Society in Bosnia and Herzegovina Presentation by Nina Radovic held during the teachers’ seminar “Crises and in Eastern and Southeastern Europe – current situation, perspectives and solutions” organised by the Institute for the Danube Region and Central Europe (IDM). 25 Febraury 2016, Vienna, Austria

An Overview of detention-related Issues in Europe and the Level of Protection gran- ted by the ECHR Presenation by Moritz Birk at the seminar of the European Academy of Law (ERA) on “Improving conditions related to detention – the role of the ECHR, the Strasbourg Court and National Courts”. 25 to 26 February 2016 Strasbourg, France 46 MARCH 31st Session of the UN Human Rights Council in Geneva Participation of Manfred Nowak with an input in current developments in human rights. 29 February to 24 March 2016, Geneva, Switzerland

10 Years of the UN Human Rights Council: Achievements and Challenges FRAME High Level Lecture held by Manfred Nowak at Leuven Centre for Global Governance Stu- dies.7 March 2016, Brussels, Belgium

Menschenrechte an der Grenze Panel participation of Manfred Nowak at an event organised by JUNOS – Junge Liberale Studie- rende. 10 March 2016, Vienna, Austria

Dialogforum Sport und Menschenrechte (Sports and Human Rights) Panel input by Karin Lukas on human rights issues such as resettlement and corruption around big sports events. Workshop on how Austrian associations can promote human rights and sustainibility standards on the local and international levels, moderated by Katharina Häusler. 10 March 2016, Vienna, Austria

U.S. Torture Practices during the So-Called War on Terror, from an International Law Perspective Keynote speech held by Manfred Nowak at the 4th symposion “U.S.Torture of Detainees as a Human Rights Violation”, at the The Lori E. Talsky Center for Human Rights of Women and Children at Michi- gan State University College of Law. 25 March 2016, East Lansing, Michigan, USA

Syria Interview with Simone Sibilio by Manfred Nowak at the “Festival Internazionale di Letteratura a Vene- zia – Incroci die Civiltá”, Università Ca’ Foscari. 31 March 201, Venice, Italy

Rewriting the Ghetto of Venice for the 21st Century Interview with Doron Rabinovici by Manfred Nowak at the “Festival Internazionale di Letteratura a Venezia – Incroci die Civiltá”, Università Ca’ Foscari. 31 March 2016, Venice, Italy

APRIL Addressing Environmental Causes for Migration Presentation by Monika Mayrhofer at the Policy Conference: Refugees and Migration in Europe and Asia organised by the Konrad Adenauer Stiftung. 4 to 5 April 2016, Manila, The Philippines

Upholding the Rights of Children on the Move: Learning from the “Refugee Crisis” Statement on behalf of GRETA by Helmut Sax at the high-level conference “Reaching the heights for the rights of the child”, organised by the Council of Europe. 5 April 2016, Sofia, Bulgaria

Global Perspectives on Solitary Confinement – Practices and Reforms Eorldwide Presentation by Manfred Nowak at the panel: “Current Trends with Respect to Soliltary Confinement” at the conference “International and Inter-Disciplinary Perspectivers on Prolonged Solitary Confine- ment”. 5 to 16 April 2016, Pittsburgh, Pennsylvania, USA

Global Campus of Human Rights Evento Especial 2016 – Assessing Individual Free- doms and Collective Challenges in the XXI Century Opening speech held by Manfred Nowak. 6 April 2016, Buenos Aires, Argentina

Human Rights and Business Lecture by Karin Lukas on Human Rights on Business aimed at giving an introduction to the topic in particular the legal regime and the current debates and political and legal developments. It equally discussed the case of Belo Monte in Brazil. 6 April 2016, Vienna, Austria

47 Overview of BIM’s Work and Current Projects Presentation of BIM’s projects on violence against women with disabilities and trafficking in human beings for the purpose of labour exploitation for students of the Masterprogramme “Social work, social policy and social management” of the Management Centre Innsbruck, held by Julia Planitzer. 7 April 2016, Vienna, Austria

How to integrate a Human Rights Based Approach Report on how to integrate a Human Rights Based Approach into the Austrian Development Agency’s new country strategy for Ethiopia and the EU’s joint programming process for Ethiopia to the Austrian Ministry of Foreign Affairs and the Austrian Development Agency staff – presentation by Katharina Häusler and Gerrit Zach. 11 April 2016, Vienna, Austria

Human Rights Challenges in the 21st Century Within the framework of the Austrian Citizenship Days 2016, Patricia Hladschik and Manfred Nowak offered a training course for teachers and multipliers, organised by theTeacher Training College Salzburg. 25 to 26 April 2016, St. Wolfgang, Austria

The Legal Aspect of Genocide Input by Hannes Tretter during the seminar “Al-Anfal, Halabja, Sinjar: How to prevent genocide in the future?” by The Diplomatic Academy of Vienna and the Representation of the Kurdistan Regional Government – Iraq in Austria. 27 April 2016, Vienna, Austria

MAY Human Rights Challenges in the 21st Century Within the framework of the Austrian Citizenship Days 2016, Dorothea Steurer and Elisabeth Schaf- felhofer-Garcia Marquez offered a training course for teachers and multipliers, organised by the Teacher Training College Kärnten. 2 to 3 May 2016, Klagenfurt, Austria

Menschenrechte ohne Grenzen: Menschenrechtliche Unternehmensverantwortung bei Auslandsaktivitäten Panel input by Manfred Nowak at the presentation of the brochure on this topic. 3 May 2016, Vienna, Austria

Able and Willing? The EU’s Commitment to Human Rights and the Strategic Use of Its Policy Toolbox Keynote lecture and introductory comments to “Concluding General Discussion & the way forward” by Manfred Nowak at FRAME-EIUC conference “The strategic use of the EU fundamental and human rights toolbox” of EU project FRAME. 5 to 6 May 2016, Venice, Italy

Refugees from ex-Yugoslavia, especially Bosnia Lecture by Nina Radovic within the framework of the lecture series “Asylum and asylum legislation in Austria since the First World War” at the University of Vienna. 9 May 2016, Vienna, Austria

Lectures on “The Phenomen of Torture” and “The Phenomen of Enforced Disappearance” Lectures held by Manfred Nowak at “European Regional Master in Democracy and Human Rights in South-East Europe”, Center for Interdisciplinary Postgraduate Studies, Sarajevo University. 16 to 17 May 2016, Sarajevo, Bosnia-Herzegovina

The legal Standards related to Trafficking in Human Beings (THB) Short overview of BIM’s work and introduction to standards related to combating THB for students of the Master Programme of Peace Research and International Politics at the University of Tuebingen (Germany), held by Julia Planitzer. 20 May 2016, Vienna, Austria

48 Der Schutz der Grundrechte in Gerichtsentscheidungen Lecture by Katharina Häusler about protection of fundamental rights in court decisions. 20 May 2016, St. Pölten, Austria

Rechtsbehelfe und Sanktionen bei Diskriminierungen aufgrund des Geschlechts Lecture by Katrin Wladasch in the context of an ERA Seminar about discrimination based on sex and the EU equality law. 23 May 2016, Trier, Germany

The International Struggle against Torture: Experiences of the Former UN Special Rapporteur on Torture Lecture for Students of Chicago University, held by Manfred Nowak at University of Vienna. 25 May 2016, Vienna, Austria

EU draft Legal Aid Directive – Austrian perspective Presentation to Commissioner Vĕra Jourová and EU Commission staff ofAustrian perspectives on the EU draft Legal Aid Directive presented by Gerrit Zach. 25 May 2016, Brussels, Belgium

JUNE recht tolerant Katrin Wladasch participated in a panel discussion in the context of the Richter/innenwoche 2016. 3 June 2016, Hermagor, Austria

FRAME Annual Policy Roundtables Roundtable on “Economic and social rights in times of economic hardship” with participation of Karin Lukas, roundtable on “Human rights aspects of the EU’s response to the threat of terrorism” with par- ticipation of Manfred Nowak. 6 June 2016, Brussels, Belgium

Institutional factors hindering and enabling HR protection in the EU Presentation by Monika Mayrhofer at FRAME internal research event. 7 June 2016, Leuven, Belgium

Besonders schutzbedürftige Personen im Asylverfahren Panel input by Manfred Nowak at the podium discussion organised by the Aca- demy. 8 June 2016, Vienna, Austria

Wer ist ein Flüchtling und woher kommen Flüchtlinge? Lecture by Manfred Nowak at Wiener LernZentrum w@lz. 9 June 2016, Vienna, Austria

Nichtstaatliche Akteure als Menschenrechtsverletzer Keynote speech held by Manfred Nowak at 41th Völkerrechtstag, Department of Public International Law/Salzburg University. 9 June 2016, Mattsee, Austria

Economic Development, Innovation and Sustainability in the context of the Olympic Summer Games 2016 in Rio de Janeiro Panel input by Karin Lukas. Event within the project “Nosso Jogo – Initiative for global Fair Play” which aims as raising awareness on human rights and social issues in the context of the Olympic games. 13 June 2016, Vienna, Austria

In the Best Interest of...whom? Unaccompanied Children & Minors Panel input by Helmut Sax at the International Roundtable “Beyond Human Trafficking and Modern Day Slavery – Turning Global Threats and Challenges Into Prospects”, organised by IDM/Regional Implementation Initiative 2016 on Preventing & Combating Human Trafficking. 17 June 2016, Vienna, Austria

49 Klimawandel und Migration – Herausforderungen aus einer menschenrechtlichen Perspektive Keynote speech by Monika Mayrhofer about the challenges on climate change and migration from the human rights perspective at the Oberösterreichischer Umweltkongress 2016 “Klimawandel und Migration – die neuen Flüchtlinge?” 21 June 2016, Linz, Austria

Protecting children on the move Panel statement by Helmut Sax on behalf of GRETA (Working Group 11) at the EU FRA Fundamen- tal Rights Forum. 21 June 2016, Vienna, Austria

Petition to Commissioner Vĕra Jourotion – the Council of Europe’s and International Bodies’ Work in Improving Detention Conditions Presentation by Gerrit Zach on: Cooperation between NPMs and the judiciary as a possibility to improve fundamental rights conform implementation of EU instruments related to detention at a Seminar organised by Academy of European Law (ERA). 23 to 24 June 2016, Strasbourg, France

Child trafficking and children on the move Presentation by Helmut Sax at the International Forum on Trafficking in Human Beings and the new migration challenges: strengthening the multidisciplinary cooperation on identification and assistance of migrant victims of human trafficking, organised by OSCE Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings and Bulgarian National Commission for Combating Trafficking in Human Beings. 27 June 2016, Sofia, Bulgaria

Contemporary Human Rights Challenges Presentation by Manfred Nowak at the conference “Human Rights as our Responsibility”. 24 June 2016, Venice, Italy

Presentation of the Regional Comparative Study on “Legal Protection against Discri- mination in South East Europe” Presentation of the study by Barbara Liegl at the regional conference on “Legal Protection against Discrimination in South East Europe” organised by “Deutsche Gesellschaft für internationale Zusam- menarbeit (GIZ)”. 28 to 29 June 2016, Budva, Montenegro

JULY The Prohibition of Torture and Gender-Based Violence in International Law: Experi- ences of the Former UN Special Rapporteuer on Torture Presentation by Manfred Nowak at the conference “Generi di tortura”, EIUC and Università Ca’ Fos- cari. 1 July 2016, Venice, Italy

Searching for Accountability of the Private Sector for Trafficking in Human Beings Presentation held by Julia Planitzer and Katharina Haeusler to disseminate preliminary findings of the project “Corporate Liability regarding Trafficking in Human Beings for the purpose of Labour Exploitation and Access to Effective Remedy” at the International Association for the Study of Forced Migration. 13 July 2016, Poznan, Poland Right to Liberty and Security Summer Course “The European System of Human Rights Protection”, held by Moritz Birk. 20 July 2016, Frankfurt (Oder), Germany

AUGUST Forum Alpbach: Human Rights on the Run I In the course of the legal symposium of Forum Alpbach Hannes Tretter participated in a panel dis- cussion about the various human rIghts challanges with regard to asylum and migration. 28 August 2016, Alpbach, Austria

50 SEPTEMBER The Right to Work Presentation by Julia Planitzer about the access of young cancer survivors to the labour market at the conference of the Austrian Childhood Cancer Organisation. 7 September 2016, Vienna, Austria

Review and Discussion: Bosnia and Herzegovina today – Challenges and Perspectives Lecture held by Nina Radovic together with Vedran Dzihic in the framework of the Straniak Academy 2016. 7 September 2016, Ulcinj, Montenegro Non-Judicial Remedies: Company-Based Grievance Mechanisms and International Arbitration Presentation by Julia Planitzer at the final conference of the project “Human Rights in Business – Business and Human Rights Challenges for Cross-Border Litigation in the European Union”. 8 Sep- tember 2016, Brussels, Belgium

Searching for Accountability of the Private Sector for Trafficking in Human Beings: Corporate Criminal Law Presentation by Julia Planitzer at the general conference of the European Consortium for Political Research (ECPR). 10 September 2016, Prague, Czech Republic Interdisciplinary Panel Discussion on Asylum Panel input by Margit Ammer at the Fourth Conference of Migration and Integration Research in Austria (Austrian Academy of Sciences and Research Platform for Migration and Integration). 12 September 2016, Vienna, Austria

Preventing and Combating Child Traffic and Exploitation in Europe International Roundtable organised by the Regional Implementation Initiative on Preventing & Combating Human Trafficking. Julia Planitzer gave an input on “Corporate Liability for Trafficking in Human Beings” at the panel discussion “Decent Work for Everybody – Utopia or Realistic Perspec- tive in Preventing Human Trafficking & Exploitation?” Helmut Sax talked about “Re-framing Mind- sets: From Protection Failures and Escape Strategies to More Effective Protection and Prevention of Trafficking in Children and Minors”. 30 September 2016, Vienna, Austria

OCTOBER Flight and Migration – Challenges for Development Cooperation Panel discussion with Petra Dannecker, Manfred Nowak, Hedwig Riegler, and Helene Unterguggen- berger. 3 October 2016, Vienna, Austria

The International Struggle against torture – Experiences of a former UN Special Rap- porteur on Torture Keynote lecture by Manfred Nowak at the Conference of International Investigators 2016, Internatio- nal Anti-Corruption Academy. 5 October 2016, Laxenburg, Austria

Annual Meeting of National Preventive Mechanisms from the OSCE Region The meeting was organised by the Association for the Prevention of Torture and ODHIR. Gerrit Zach gave a presentation on the role of NPMs and the judiciary in the prevention of torture and ill-treat- ment, particularly in cross-boarder proceedings. Moritz Birk spoke on strategic cooperation of NPMs with other actors. 13 to 14 October, Vienna, Austria

Citizenship Education in Practice Workshop presenting teaching material in order to foster the implementation of the new curriculum on citizenship education by Dorothea Steurer. 17 October 2016, Feldkirch, Austria

Counteracting Phenomena of Discrimination, Racism, Xenophobia and Islamophobia Input and facilitation of a panel session by Barbara Liegl. The panel aimed at analyzing the status quo, fostering dialog and promoting the exchange of experiences and good practice examples on

51 integrating anti-discrimination policies and measures into (re)integration policies targeting migrants and asylum seekers. The Working Group Meeting was organised by the International Center for Mig- ration Policy Development (ICMPD). 18 to 19 October 2016, Belgrade, Serbia

Accountability of the Private Sector for Trafficking in Human Beings and Access to Justice for Trafficked Persons in Europe – A Focus on Criminal Liability of Corpora- tions for Labour Exploitation Presentation by Julia Planitzer at the conference “Business and Human Rights” organised by the Leuven Centre for Global Governance Studies and the University of Seville as part of the FP7 FRAME project. 20 to 21 October 2016, Seville, Spain

EU ET2020 Working Group on Promoting Citizenship and the Common Values of Freedom, Tolerance and Non-Discrimination through Education The working group assists the European Commission in the preparation of legislative proposals and policy initiatives regarding citizenship education. Elisabeth Turek from polis – The Austrian Centre for Citizenship Education in Schools made an input on into current developments and the implementa- tion of citizenship in Austria. 27 to 28 October 2016, Vienna, Austria

Experiences of Resident Twinning Advisers The event aimed at presenting the experiences of Resident Twinning Advisers (RTAs) with the imple- mentation of their respective projects to the representatives of the European Commission DG Near and the EU Delegation in Belgrade. Input by Barbara Liegl on experiences with partner institutions, their administrative capacities and the sustainability prospects of the Twinning Project “Support to the advancement of human rights and zero tolerance to discrimination”. 27 October 2016, Belgrade, Serbia

NOVEMBER Filing 100 % on principle: Post 9/11 legal sagas Keynote and statement by Manfred Nowak at the ECCHR-Conference “Challenging the Powerful with Legal Means”. 3 November 2016, Berlin, Germany

Reviewing the Concept of Vulnerability in the Context of Climate/Environmental Change and Migration from a Human Rights Perspective Monika Mayrhofer presented the paper “Reviewing the concept of vulnerability in the context of cli- mate/environmental change and migration from a human rights perspective” at the Hugo Conference on Environment, Migration, Politics. 3 to 5 November 2016, Liège, Belgium

The UN Human Rights System: Strengthening, Reforming Panel input by Manfred Nowak at the conference of the International Colloquim of the Centre de Recherche sur les Droits de L’Homme et le Droit Humanitaire (CRDH) of the University Panthéon- Assas Paris II. 7 November 2016, Paris, France

Justification of juror judgments Panel input by Hannes Tretter at the Regional Court for Criminal Matters. 8 November 2016, Vienna, Austria

Ensuring cross-border Justice for all in the EU: Sharing Practices and Experiences from the Ground The conference was organised by the EU Fundamental Rights Agency and the Slovak Presidency of the EU. Gerrit Zach moderated the session on “How to ensure effective cross-border justice by pro- moting mutual recognition?” and presented results in the sub-sequent plenary session. 10 November 2016, Bratislava, Slovakia

52 How can Labour Exploitation be prevented in Supply Chains? In the context of the ministerial working group on labour exploitation, coordinated by the Federal Ministry of Labour, Social Affairs and Consumer Protection, Julia Planitzer gave a short presentation on transparency in supply chains and current legal initiatives in Europe and Austria and on criminal corporate liability for trafficking in human beings. 10 November 2016,ienna, V Austria

A Case for two: The CoE and the EU Human & Fundamental Rights Protection Sys- tem – a Luxury? Guest lecture by Hannes Tretter at the Center for European Union Research at the Central Euro- pean University, chaired by Marie-Pierre Granger. 11 November 2016, Budapest, Hungary

Women for a just world Seminar on women in the context of peace and armed conflict, for multipliers of the “catholic women”. Sabine Mandl held a presentation on violence against refugee women. 11 to 13 November 2016, Linz, Austria

Civil and Political Rights Two-day module held by Moritz Birk as part of the Master’s Program on International Human Rights and Humanitarian Law at the European University Viadrina. The course dealt with the entire range of civil and political rights. The focus was on the provisions in the ICCPR and ECHR, their interpre- tation, limitations and implementation illustrated by leading and recent case law. 14 to 15 November 2016, Frankfurt (Oder), Germany

Children’s rights and the judiciary Workshop with input by Helmut Sax in the training seminar “The rights of the child in practice”. 14 November 2016, Trier, Germany

Death Penalty Event organised by Amnesty International Austria with Manfred Nowak, Heinz Patzelt und Sonja Bet- tel. 14 November 2016, Vienna, Austria

Writers in Prison Day Event of the Austrian chapter of the P.E.N. Club on the occasion of writers in prison day. Manfred Nowak presented Mario Villani/Fernando Reati: DESAPARECIDO. 15 November 2016, Vienna, Austria

OPCAT 10 Years of Preventing Torture; Added Value and Lessons Learnt Panel input by Manfred Nowak on the occasion of the 10th anniversary of OPCAT. 17 November 2016, Geneva, Switzerland

Ceremony of the Dr. Karl-Renner-Awards 2016 of the City of Vienna Hannes Tretter held the honorific speech for the award winners. 18 November 2016, Vienna, Austria

Requirements for a National Support Procedure for the Protection of Children concerned Input by Helmut Sax at the conference “Action Plan in Dialogue” on the implementation of the action plan against sexual violence and exploitation of children, organised by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and ECPAT Germany. 18 November 2016, Berlin, Germany

Concrete Challenges of Data Collection and Ways of Tackling these Challenges for Different Equality Groups – SOGI Data Paper presentation by Monika Mayrhofer at the conference “Good practices of collecting (in)equality data”. 29 November 2016, Zagreb, Croatia

53 DECEMBER Promoting the Human Rights and Best Interests of Children in Transnational Child Protection Cases Presentation by Helmut Sax for a seminar, organised by the Council of the Baltic Sea States 7 December 2016, Stockholm, Sweden

High Commissioner’s Dialogue on Protection Challenges Input by Manfred Nowak at the panel on “Operationalisting Children”. 8 December 2016, Geneva, Switzerland

Brown Bag Lunch

Since 2007 the socalled Brown Bag Lunch (BBL) has been established at BIM to enhance exchange within the institute. In an informal setting, BIM staff members and affiliates present recent research outcomes and discuss their work.

Making a Human Rights Based Approach operational in the Ethiopian Context ADA tasked Katharina Häusler and Gerrit Zach to elaborate recommendations for applying a human rights based approach to EU Joint Programming and the ADC’s new country programming in Ethiopia (2016-2020). Ethiopia is a country that has strongly fostered economic development during the past years and at the same time has cracked down on civil society, with a rights-discourse in general being extremely sensitive. During the BBL they talked about their mission to Addis Ababa, where they met various stakeholders (other donors, NGOs, government officials, etc.) to get their perspectives and experiences. 3 March 2016

Prof. Alison Brysk, Global Studies and Political Science, University of California Julia Planitzer organised this BBL with Alison Byrsk who was a “Duncan and Suzanne Mellichamp” professor at the University of Vienna. Byrsk spoke about one of her last books “Speaking Rights to Power: Constructing Political Will”. The book can be described as the most comprehensive case study of human rights campaigns; it features groundbreaking new communication politics analysis; it addresses cutting-edge debates on cosmo- politanism, charismatic leadership, framing, political theater, and the role of social media; it combines human rights theory and practice. http://www.alisonbrysk.org. 21 April 2016

“Mindestsicherung” Barbara Cargnelli-Weichselbaum talked about the current political and public discussions on the “Mindestsi- cherung” with a special focus on what this means for those who are seeking asylum or subsidiary protection. The public discussion was characterized by planned reductions, which affected both nationals and foreigners. The aim of this BBL was to stress important aspects like the fact, that the “Mindestsicherung” is insufficient and inadequate in many cases and that aspects concerning fundamental and human rights are not present in the media discussion about “Mindestsicherung”. 18 May 2016.

Sapere Aude: Citizenship Education in Prison Patricia Hladschik organised this BBL on the occasion of a project of Sapere Aude bringing citizenship edu- cation to young people deprived of liberty. Patrick Danter, director of Sapere Aude, introduced the work of his organisation. Sapere Aude works with different target groups (students, trainees, youth workers, multipliers) and uses methods that are applicable in curricular and extra curricular settings. Patrick Danter tried out some of these methods with the participants. http://www.sapereaude.at/englisch-version. 31 May 2016.

LOIS – Lab for Open Innovation in Science Julia Planitzer held this BBL as a participant of the LOIS programme of the Ludwig Boltzmann Association. She explained what “open innovation” means and discussed with the particpants how human rights research could make use of the concept. For more information about open innovation see: http://www.openinnovatio- ninscience.at. 22 June 2016

54 German Library Day 2016 in Leipzig Petra Machacek informed about new developments in library work with a focus on research and human rights. Topics were e.g. open access concepts, prison libraries and new search engines. 20 July 2016

Human Rights Talks

In spring 2009, a new series of discussion events was established by the research platform “Human Rights in the European Context” in cooperation with the BIM. In 2014, the research platform was transferred into the Research Centre Human Rights, which continues these events series. Austrian and international experts discuss current human rights relevant topics from interdisciplinary points of view. BIM staff usually contributes to this events series as panelists or moderators. Detailed information can be found at: http://human-rights.univie.ac.at/veranstaltungsreihen/human-rights-talks

HUMAN RIGHTS TALK: LGBTQI movements – Leaps, Bounds and Baby Steps 3 March 2016, Vienna, Austria A discussion about the interconnectivity of efforts made in the fight for equal rights of LGBTQI movements around the world. Together with a special guest from Canada, Erin Aylward (Trudeau Foundation), Marty Huber, Komil Radzhabov and Dennis Van der Veur took part in the debate, moderated by Irene Brickner.

HUMAN RIGHTS TALK: Displaced by European climate policy? How can we ensure Access to Justice for Affected Populations? 17 March 2016, Vienna, Austria A discussion about the access to justice for people whose rights were violated by climate policy projects, com- plaint mechanisms as part of climate treaties, the role of international finance institutions such as the European Investment Bank and about recognisable differences from other human rights protection mechanisms. Maartje Van Putten, Felismino Alcarpe, Juliane Voigt and Gertraud Wollansky took part in the debate, moderated by Irene Brickner. This HRT took place in the course of the research project “Human Rights Accountability of the EU and Austria for Climate Policies in Third Countries and their possible Effects on Migration” (ClimAccount).

HUMAN RIGHTS TALK: Mit Kunst die Welt retten? 19 May 2016, Vienna, Austria Discussion about artists as influencers with: Can Gülcü, Heinz Patzelt, Katharina Stemberger and Hannes Tretter. Moderation: Irene Brickner (Der Standard).

HUMAN RIGHTS TALK: Human Rights under Pressure – Exceptional Circumstances as the new normal in Europe? 18 October 2016, Vienna, Austria Basic human rights are seriously under threat in Hungary, Poland and Russia, to name a few; whilst Turkey, in the wake of the failed coup of July 2016, declared a state of that was swiftly followed by the arrest and detention of judges, journalists and political opponents. Rubina Möhring (Reporters without Borders), Manfred Nowak), Lukas Oberndorfer (AK Wien), Hannes Tretter (Ludwig Boltzmann Institute of Human Rights) and Şerife Ceren Uysal (Turkish lawyer) discussed these challenges. Moderation: Eva Zelechowski (Wiener Zeitung).

HUMAN RIGHTS TALK: Lücken im sozialen Netz – Hält die österreichische Sozialpolitik was sie verspricht? 15 November 2016, Vienna, Austria Social policy is the vehicle with which economic, social and cultural rights are brought to the people. Which policies and strategies are effective? Barbara Cargnelli-Weichselbaum, Erich Fenninger, Karin Heitzmann and Daniela Krömer discussed. Moderation: Jan Michael Marchart.

55 Cinema and Human Rights

“Cinema and Human Rights” is a series of events in cooperation with the Research Centre Human Rights and the Viennese Top Kino. Documentaries on human rights topics are screened and discussed. The film evenings are also part of a seminar at the University of Vienna. Detailed information can be found at: http://human-rights. univie.ac.at/veranstaltungsreihen/cinema-and-human-rights

A Syrian Love Story Sean McAllister // UK // Documentary // 2015 //80 min 29 March 2016, Vienna, Austria The film charts an odyssey to political freedom of Syrian comrades and lovers Amer and Raghda. The scree- ning was followed by a Q&A session with Herbert Langthaler, Ramirez Castillo and Thomas Schmidinger, moderated by Anna Müller-Funk. Event was held in English.

This Changes Everything Avi Lewis, Naomi Klein // Canada // Documentary // 2015 // 89 min // Original Version (English) 14 April 2016, Vienna, Austria Film adaptation of Naomi Klein’s bestseller “This Changes Everything”, an ambitious cinematic exploration of the vast challenge of climate change, which portrays the immediacy of the struggle for communities across the globe and provides a theoretical overview of the connection between the carbon in the air and the economic system which continues to put it there. The screening was followed by a Q&A session with Christian Felber and Iris Frey, moderated by Kate Thompson.

Lampedusa in Winter Jakob Brossmann // Austria, Italy, Switzerland // Documentary // 2015 // 93 min // Original Version (with English subtitles) 28 April 2016, Vienna, Austria Jakob Brossmann spent two winters on the tiny Italian island of Lampedusa. The film serves to put Europe’s struggles to arrive at humane and cooperative solutions to the arrival of refugees into perspective. The scree- ning was followed by a Q&A session with Jakob Brossmann and Manfred Nowak, moderated by Sandra Benecchi.

Watchers of the Sky Edet Belzberg // USA, Netherlands, France, Chad, Rwanda // Documentary // 2014 // 114 min 12 May 2016, Vienna, Austria The film is inspired by Samantha Power’s Pulitzer Prize-winning book, A Problem from Hell, and interweaves four stories, while setting out to uncover the forgotten life of Raphael Lemkin – the man who created the term “genocide,” and believed that the law could protect the world against mass atrocities. The screening was follo- wed by a Q&A session with Walter Manoschek, moderated by Anna Ramskogler-Witt.

Sonita: Screening on the occasion of the Sakharov Award 2016 Germany – Switzerland – Iran // Rokhsareh Ghaem Maghami // 2015 // Documentary // 91 min 2 December 2016, Vienna, Austria Sonita Alizadeh’s life is a battle – between traditional expectations of marriage to the highest bidder and her aspirations of being a celebrated rapper. Incredibly talented and with a gift for communicating her emotions and the pain of other girls like her through her music, she shows unbelievable determination and courage in the face of obstacles unimaginable to other 18-year-olds. We watch as filmmaker Maghami struggles not to get involved in the life of her enchanting subject as she moves forwards, through life, back and forth between countries, but always closer and closer to her dreams. The screening was followed by a panel discussion with Ilkim Erdost, Ulrike Lunacek, Heinz Patzelt, Hiba Wardeh, Yasmo. Moderation: Anna Müller-Funk.

56 Swagger France // Olivier Babinet // 2016 // Documentary // 84 min 5 December 2016, Vienna, Austria Both optimistic and ominous, teen docu-drama, Swagger, is a glimpse into the astonishing minds and ima- ginations of eleven young people growing up in some of the most underprivileged neighborhoods in France. Through interviews, comedy, science fiction and music, we watch the kids of Sevran and Aulnay ponder their French identity, other minority groups, money troubles, moral dilemmas and how to achieve their ambitions. They all have big dreams, but what will win out – the challenges they face at every turn or their seemingly unassailable determination? The screening was followed by a panel discussion with Elisabeth Bernroitner and Manfred Nowak. Moderation: Irene Brickner.

CINEMA & HUMAN RIGHTS WORKSHOP: What makes a “good” human rights film? 5 December 2016, Vienna, Austria Human rights film can inspire, inform and move. But are there rules that need to be followed by filmmakers hoping to showcase a relevant story? Must the film be beautifully made to be worthwhile; is it appropriate for the crew to get involved when a protagonist is in danger; and what is most appropriate – documentary, fiction, a mixture of both? This workshop united academics and filmmakers to try to find out what makes a “good” human rights film.

Train of Hope – A Portrait of Humanity Austria // Anna Ixy Noever // 2015 // Documentary // 51 min 6 December 2016, Vienna, Austria An inspiring and truly moving glimpse of the faces and personalities that make up the Train of Hope movement at one of Vienna’s main train stations – where volunteers gathered to help feed, clothe, heal and guide refu- gees ending long journey s or passing through. With raw and unique footage from the heart of the movement, this short film shows us not only why the volunteers are there, what they do for the refugees and what the refugees do for them, but also that anyone, from any walk of life, can have a huge impact on the lives of others who are suffering, struggling or looking for a new start. The screening was followed by a panel discussion with Faika El-Nagashi, Caiomhe Gallagher, Anna Ixy Noever, Julian Pöschl and Ruth Simsa. Moderation: Anna Müller-Funk. The event took place in cooperation with Grüne Bildungswerkstatt Wien.

Babai Germany – Macedonia – France // Visar Morina // 2015 // Documentary // 104 min 7 December 2016, Vienna, Austria “Babai” follows Gesim and Nori, a father and son duo struggling to make a living selling cigarettes in nineties Kosovo. Despite Nori trying everything to keep his father close, Gesim slips away, migrating to Germany to look for a better life. Feeling angry and abandoned, ten-year-old Nori embarks alone on the perilous trip over land and sea to find his father. In this beautiful and heartrending film by Visar Morina, we watch as an illegal journey and the search for a loved one leave deep marks on a child’s mind, and test a father-son bond to its limit. The screening was followed by a panel discussion with Margit Ammer and Katarzyna Winiecka. Modera- tion: Katherine Thompson.

57 University Courses

During summer term 2016 and winter term 2016/17 BIM staff members offered inter alia the following courses and guest lectures:

Law Faculty, University of Vienna

Anna Müller-Funk, Manfred Nowak Cinema and Human Rights

Hannes Tretter • Herausforderung islamischer Fundamentalismus – Wie streitbar kann und soll ein demokratischer Rechtsstaat sein? • Überwachte und erfasste Kommunikation – Werden wir zu digital bewegten und normierten Menschen? • Terrorbekämpfung – ein Balanceakt zwischen Sicherheit und Freiheit • Europäischer Menschenrechtsschutz (EU, Europarat, OSZE) • Herausforderung islamischer Fundamentalismus – Wie streitbar kann und soll ein demokratischer Rechtsstaat sein? • Überwachte und erfasste Kommunikation – Werden wir zu digital bewegten und normierten Menschen? • Terrorbekämpfung – ein Balanceakt zwischen Sicherheit und Freiheit

Manfred Nowak • Pflichtübung aus Völkerrecht • International Criminal Justice • International Human Rights Regime • Völkerrecht II • Grundlagen des Völkerrechts – Einführung in die internationalen Grundlagen des Rechts • Torture and Disappearences in International Human Rights Law and Practice • DissertantInnenseminar: Aktuelle Themen des internationalen Rechts

Master Courses at the University of Vienna

Vienna Master of Arts in Human Rights

Katrin Wladasch Human Rights and Non-Discrimination

Barbara Linder Human Rights and Business

Manfred Nowak • Freedom of Expression, Association and Assembly • Human Rights and Privatisation • Human Rights, Peace and Security • Refugee Law • Human Rights from a legal perspective • HR Standards and Mechanisms of the UN • Human Rights Systems of OSCE, CoE and EU

Julia Planitzer Prohibition of Trafficking in Human Beings

58 Helmut Sax Human Rights of Children & Young People

Karin Lukas European Social Charter

European and International Business Law

Karin Lukas Business and Human Rights

Other Courses at the University of Vienna

Katrin Wladasch • Menschenrechtliche und europarechtliche Grundlagen von Gleichheit und Nichtdiskriminierung: • Equality/Diversity – Gleichheit und Ungleichheit

Sabine Mandl, Helmut Sax, Dorothea Steurer, Katrin Wladasch Politische Bildung 2: Konfliktstrategien und Konfliktmanagement

Straniak Academy for Democracy and Human Rights

Hannes Tretter and Ivana Jelić Initial lesson & discussion: What does democracy, rule of law and human rights mean? Is there a coherence of them? What are the powers in a modern democracy, how does the system of checks & balances work?

Vedran Džihić and Marijana Grandits Concepts & standards, strengths & weaknesses of modern democracies; Reality of democracy, rule of law and human rights in Western Balkan States

Ivana Jelić and Manfred Nowak The Universal Declaration of Human Rights, and the development, actual status and challenges of the UN Human rights protection system

Manfred Nowak and Vasilka Sancin together with Thomas Pittman – ICTY Outreach Programme The UN Charter, transitional justice, individual criminal responsibility and (ICTY, UNICTR, SCSL, Khmer Rouge Tribunal, ICC, national courts)

Vedran Džihić and Nina Radović Review and discussion: Bosnia and Hercegovina today – challenges and perspectives

Vasilka Sancin and Manfred Nowak Responsibility to protect (R2P) – Peace enforcement, humanitarian intervention & UN case studies (Bosnia and Hercegovina, Ruanda, Kuwait-Iraq, Sudan, Libya, Iraq, Syria

Hannes Tretter and Vasilka Sancin The Organisation for Security and Cooperation in Europe (OSCE) – its history and mission & OSCE in practise (human dimension, conflict prevention, early warning, crisis management, mediation)

Manfred Nowak, Vasilka Sancin, Yuval Shany, Jelena Jovanović Role play: How to overcome the current refugee drama ̶ negotiations, trying to find alternatives to real develop- ments and approaches according to international and CoE/EU human and refugee rights standards

59 Hannes Tretter and Ivana Jelić Introduction into the human rights regime of the Council of Europe, including European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR)

Ivana Jelić and Hannes Tretter Protection of Minorities by the CoE

Hannes Tretter and Vesna Knežević Predić The fundamental rights framework of the EU – Treaty of Lisbon, EU Charter of Fundamental Rights (CFR), the relationship between the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR) before and after the accession of the EU to the European Convention on Human Rights (ECHR), the role of the EU Fundamental Rights Agency (FRA)

Hannes Tretter and Vasilka Sancin Freedom of expression, independence and pluralism of the media as preconditions for a living democracy

Aleksa Ivanović and Christof Tschohl Data protection and access to information

Hannes Tretter and Vasilka Sancin Prohibition of torture and inhuman and degrading treatment including CPT, OPCAT, NPM and the rights of prisoners and other people restricted in their personal freedom

Lana Vukmirović-Mišić (Harrison Solicitors), Nina Radović, Christof Tschohl, Moderation: Olivera Komar Evening discussion “Are civic movements and social media shaping a new power within contemporary demo- cratic societies?”

Davor Derenčinović and Christof Tschohl Independence and impartiality of the judiciary and procedural rights & right to personal liberty and security

Katrin Wladasch, Mehmed Dječević The principles of equality and non-discrimination & Combating discrimination and hate speech, and underlying ideologies like racism, anti-semitism, xenophobia, islamophobia and homophobia

Karin Lukas and Vladimir Savković Human rights and corporate social responsibility

Karin Lukas and Nikola Dožić Social rights and poverty reduction

60 Publications

BIM Position

Mandl, Sabine: Frauen und Mädchen auf der Flucht. (BIM Position 7). Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 5 pp. http://bim.lbg.ac.at/sites/files/bim/attachments/bim_position_nr._7_frauen_und_maedchen_auf_der_flucht.pdf

Co-edited Publications

Benedek, Wolfgang/Kettemann, Matthias C./Klaushofer, Reinhard/Nowak, Manfred (eds.): European Year- book on Human Rights 2016. Antwerp; Vienna; Graz: nwv [et al.], 2016. 502 pp.

Binder, Christina/Hofbauer, Jane A./Piovesan, Flávia/Steiner, Anna-Zoe/Steiner, Elisabeth (eds.): Social Rights in the case law of regional Human Rights Monitoring Institutions. The European Court of Human Rights, the Inter-American Court of Human Rights and the African Commission on Human and People’s Rights. Antwerp; Vienna; Graz: nwv [et al.], 2016. 531 pp.

Defence for Children International (DCI/Ludwig Boltzmann Institute of Human Rights (eds.): Monitoring places where children are deprived of liberty – Practical guide. Brussels: DCI, 2016. 166 pp.

Défense des Enfants International/Ludwig Boltzmann Institute of Human Rights (eds.): Monitoring des lieux où des enfants sont privés de liberté. Guide Pratique. Bruxelles: Défense des Enfants International, 2016. 166 pp.

Individual Publications and Articles

Birk, Moritz/Baijumanova, Aida/Ismailova, Lira: Kyrgyzstan. In: Carver, Richard/Handley Lisa (eds.): Does tor- ture prevention work? Liverpool: Liverpool University Press. 2016, pp. 549–590.

Dürager, Sonja/Kotschy, Waltraut: Neuerungen zur Zustimmung (Einwilligung) nach der DS-GVO. Debatten- beitrag zur Datenschutz-Grundverordnung. Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 11 pp. http://bim.lbg.ac.at/sites/files/bim/duerager_kotschy_zustimmung.pdf

Haupt, Maria (red.): EUROPA in der Schule. Aktionsideen, Projekte und Angebote für SchulleiterInnen und Lehrkräfte. Eine Initiative des Bundesministeriums für Bildung, der Vertretung der Europäischen Kommission in Österreich und des Informationsbüros des Europäischen Parlaments. Vienna: Zentrum polis, 2016. 44 pp.

Haupt, Maria/Steininger, Sigrid/Ziegelwagner, Sonja: EUropa-Pass JUNIOR – Bist du fit für Europa? (aktuali- sierte Neuauflage 2016). Vienna: Zentrum polis, 2016. 16 pp.

Haupt, Maria/Ziegelwagner, Sonja: EUropa-Pass TEACHER – Sind Sie fit für Europa? (aktualisierte Neuauf- lage 2016). Vienna: Zentrum polis, 2016. 16 pp.

Haupt, Maria: Geschlechtssensible Kinder- und Jugendbücher mit Fokus Gewaltprävention. Buchempfehlun- gen für PädagogInnen, Eltern und andere Bezugspersonen. Vienna: Edition polis, 2016. 28 pp.

Haupt, Maria/Turek, Elisabeth: Citizenship education with children aged 8–12 in Austria. In: Dare Network (ed.): ENGAGE. Learning democracy with children aged 8–12. (Vol. I). Berlin: Dare Network, 2016. pp. 42–56. http://www.politik-lernen.at/dl/kolOJKJKoOoNkJqx4KJK/Report_ENGAGE_learning_democracy_with_child- ren_aged_8_12.pdf

61 Hladschik, Patricia: Empfehlungen für nicht-diskriminierende Schulbücher. Fokus Gender und sexuelle Orien- tierung. Vienna: Edition polis, 2016. 35 pp.

Hladschik, Patricia: Guidelines on How to Identify Discrimination in Textbooks, Focusing on Gender and Sexual Orientation. Ludwig Boltzmann Institute of Human Rights: Pristina, 2015. 100 pp.

Hofbauer, Jane, A./Mayrhofer, Monika: Panama “Barro Blanco” Case Report. (COMCAD Working Papers Series on Environmental Degradation and Migration, 144/2016). Bielefeld: Centre on Migration, Citizenship and Development (COMCAD), 2016. 119 pp.

Hofbauer, Jane A.: Foreign investments meet free, prior and informed consent (FPIC). Whose ? In: Austrian Review of International and European Law 18/2016. Leiden [et al.]: Nijhoff [et al.], 2016. pp. 71–98.

Keen, Ellie/Georgescu, Mara: Bookmarks. Bekämpfung von Hate Speech im Internet durch Menschenrechts- bildung. Ed. by polis – Austrian Center for Citizenship Education in Schools. Vienna: Edition polis, 2016. 215 pp.

Keudel-Kaiser, Dorothea/Monina, Giuliana/Scholdan, Bettina/Wladasch, Katrin: A new asylum policy for Europe?! Opting for a rights-based approach and what this would mean. Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 77 pp.

Kotschy, Waltraut: Zweckbindungsprinzip und zulässige Weiterverarbeitung. Debattenbeitrag zur Datenschutz- Grundverordnung. Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 11 pp. http://bim.lbg.ac.at/sites/files/bim/kotschy_zweckbindungsprinzip_-endfassung.pdf

Kozma, Julia/Nowak, Manfred: Menschenrechte in der Sozialarbeit. In: Loerbauer, Brigitte (ed.): Recht für Sozialberuf. Vienna: LexisNexis, 2016. pp. 1–21.

Liegl, Barbara: Legal protection against discrimination in South East Europe. Synthesis report. In: Center for South East Law Schools (ed.): Legal protection against discrimination in South East Europe. Regional Study. Skopje: 2016. pp. 13–75.

Linder, Barbara/Sprenger, Claudia/Tutzer, Judith: Zur Frage der staatlichen und unternehmerischen Verant- wortung. In: Nosso Jogo (ed.): Rio 2016 – Sportgroßereignisse und Menschenrechte. Dossier. Vienna: Vienna Institute for international Dialogue and Cooperation, 2016. pp. 14–17.

Linder, Barbara/Sprenger, Claudia/Tutzer, Judith: Olympia-Hoffnungen für österreichische Unternehmen in Rio 2016? Herausforderungen, Potentiale und unternehmerische Verantwortung für Menschenrechte. Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 55 pp.

Lukas, Karin/Linder, Barbara/Kutrzeba, Astrid/Sprenger, Claudia: Corporate accountability. The role and impact of non-judicial grievance mechanisms. Cheltenham [et al.]: Elgar, 2016. 432 pp.

Mandl, Sabine: Frauen und Mädchen auf der Flucht. In: Rundbrief, Sozialplattform Oberösterreich. Juli/August 2016, pp. 16–17.

Mandl, Sabine: Gewalt gegen Frauen – ein vielschichtiges und oft unerkanntes Phänomen. In: Menschen- rechtsbefund 2016. Vienna: Österreichische Liga für Menschenrechte, 2016. pp. 24–27.

Mayrhofer, Monika: Not good enough politically. A political science analysis of the EU’s human rights framework. In: Benedek, Wolfgang, Kettemann/Matthiasd C./Klaushofer, Reinhard/Nowak, Man- fred (eds.): European Yearbook on Human Rights 2016. Antwerp; Vienna; Graz: nwv [et al.], 2016. pp. 213–222.

Mayrhofer, Monika: Climate Change and Migration – Dimensions, Concepts and policy Responses from a Human Rights Perspective. In: Panorama – Insights into Asian and European Affairs, 1/2016. Singapore: Konrad-Adenauer-Stiftung, 2016. pp. 141–153. 62 Mayrhofer, Monika/Mersmann, Florian: Displaced, evicted or resettled by climate change measures. Neglec- ting the rights of affected communities in the case of the Bujagali hydropower plant. In: Kurswechsel, 3/2016. Vienna: BEIGEWUM, 2016. pp. 65–74.

Nowak, Manfred: Flüchtlingskrise oder Krise in der Flüchtlingspolitik. In: JuristI – Zeitung der Fakultätsvertre- tung Jus, 4/2015. Vienna: ÖH Wien, 2015. pp. 12–15.

Nowak, Manfred: Human Rights or global capitalism. The limits of privatization. Pennyslvania: University of Pennsylvania Press, 2016. 256 pp.

Nowak, Manfred: 10 years UN Human Rights Council. Achievements and challenges. In: European Yearbook on Human Rights 2016. Ed. by Wolfgang Benedek, Matthias C. Kettemann, Reinhard Klaushofer and Manfred Nowak. Antwerp; Vienna; Graz: nwv [et al.]. 2016, pp. 417–436.

Nowak, Manfred/Walter, Antonia Elisabeth: The crisis of the European refugee policy. In: Benedek, Wolfgang, Kettemann/Matthiasd C./Klaushofer, Reinhard/Nowak, Manfred (eds.): European Yearbook on Human Rights 2016. Antwerp; Vienna; Graz: nwv [et al.], 2016. pp. 31–56.

Nowak, Manfred/Walter, Antonia: Die Krise der europäischen Flüchtlingspolitik als Chance für umfassende Reformen. In: Fluchtbedingte Migration – Herausforderung für die EZA. Ed. by Österreichische Forschungs- stiftung für Internationale Entwicklung. Vienna: Südwind-Verl. 2016, pp. 21–27.

Nowak, Manfred: UN-Leitprinzipien für Wirtschaft und Menschenrechte (UNGPs). In: Gragruber-Kerl, Romy/ Gruber, Laura (eds.): Menschenrechte ohne Grenzen – menschenrechtliche Unternehmensverantwortung bei Auslandsaktivitäten. Eine Einführung. Vienna: Resch, 2016. pp. 11–12.

Nowak, Manfred: Světový soud pro lidská práva – návrh v šuplíku připravený k použití. In: Bulletin of the Czech Center for Human Rights and Democratization, 2/2016. pp. 3–6.

Nowak, Manfred: Die Zivilgesellschaft kann sehr viel bewirken. In: Südwind Magazin, 5/2016. Vienna: Südwind Verein für Entwicklungspolitik und globale Gerechtigkeit, 2016. pp. 36–39.

Nowak, Manfred: Wird Österreich wie Ungarn oder Polen werden? In: We the people – Gazette für globale Sozialbewegung, 15/2016. Vienna: Verein die Bunten, 2016. pp. 12–13.

Nowak, Manfred: Sag leise Abschied vom AAI. In: Bittner, Gerhard/Kandlhofer, Josef/Hödl, Heinz/Zapotoczky (eds.): Afro Asiatisches Institut Wien 1959–2016. Vienna: Verl. Südwind, 2016. pp. 152–153.

Nowak, Manfred: Krise der Demokratie. Es ist noch nicht zu spät. In: Democracy International (2016-08-23). Cologne: Democracy International, 2016. https://www.democracy-international.org/de/interview-nowak

Nowak, Manfred: Vorwort. In: Villani, Mario/Reati, Fernando (Eds.): Desaparecido. Erinnerungen einer Gefan- genschaft. Vienna: Löcker, 2016. pp. 13–20.

Nowak, Manfred: Menschenrechte und Flucht. In: Hemayat – Betreuungszentrum für Folter und Kriegsüberle- bende. Festschrift <<Über Leben>>. Vienna: Hemayat, 2016. pp. 6–11.

Planitzer, Julia: Trafficking in Human Beings for the Purpose of Labour Exploitation. Can Obligatory Reporting By Corporations Prevent Trafficking? In: Netherlands Human Rights Quarterly 34/4, 2016. Utrecht: The Nether- lands Institute of Human Rights, 2016. pp. 318–339.

Sax, Helmut (ed.): Roma Communities in Österreich als Betroffene des Kinderhandels? Ergebnisse eines Forschungsprojekts 2013–2015. Vienna: Ludwig Boltzmann Institute of Human Rights, 2015. 57 pp.

63 Sax, Helmut/Winkler, Astrid: Länderbericht Österreich. In: Sax, Helmut (ed.): Roma Communities in Österreich als Betroffene des Kinderhandels? Ergebnisse eines Forschungsprojekts 2013–2015. Vienna: Ludwig Boltz- mann Institute of Human Rights, 2015. pp. 5–32.

Sax, Helmut/Tiefenbacher, Barbara: Vielversprechende Initiativen zu Kinderschutz und Armutsmigration in Österreich. In: Sax, Helmut (ed.): Roma Communities in Österreich als Betroffene des Kinderhandels? Ergeb- nisse eines Forschungsprojekts 2013–2015. Vienna: Ludwig Boltzmann Institute of Human Rights, 2015. pp. 35–40.

Sax, Helmut/Maric, Gordana: Runder Tisch Kinderschutz und Armutsmigration, März 2015. In: Sax, Helmut (ed.): Roma Communities in Österreich als Betroffene des Kinderhandels? Ergebnisse eines Forschungspro- jekts 2013–2015. Vienna: Ludwig Boltzmann Institute of Human Rights, 2015. p. 43.

Sax, Helmut: Pilotmediation Kinderschutz und Roma. In: Sax, Helmut (ed.): Roma Communities in Österreich als Betroffene des Kinderhandels? Ergebnisse eines Forschungsprojekts 2013–2015. Vienna: Ludwig Boltz- mann Institute of Human Rights, 2015. pp. 45–48.

Sax, Helmut: Kinderhandel, Kinderflucht, Kinderschutz. Mehr Lücken als System? In: Global View 2/2016. Vienna: ÖGAVN [et al.], 2016. pp. 6–8.

Tretter, Hannes/Berka, Walter: The Polish Interim Broadcasting Act in the light of Article 10 ECHR. Good governance standards in public broadcasting. In: MR-Int, 3/2016. Vienna: Medien und Recht, 2016. pp. 118–131.

Tretter, Hannes: “Wir hassen bald, was oft uns Furcht erregt”. In: Social Media Newsletter 11/2016. Vienna: GIT Gesellschaft für Informations- und Kommunikationstechnik im OVE, 2016. pp. 1–2.

Tutzer, Judith: The roles of NGOs in the Council of Europe Convention on Action against Trafficking in Human Beings. In: Benedek, Wolfgang, Kettemann/Matthiasd C./Klaushofer, Reinhard/Nowak, Manfred (eds.): Euro- pean Yearbook on Human Rights 2016. Antwerp; Vienna; Graz: nwv [et al.], 2016. pp. 357–368.

Studies, Background Papers, Reports

Ammer, Margit/Hofbauer, Jane A./Mayrhofer, Monika/Mersmann, Florian/Obergassel, Wolfgang/Schade, Jea- nette: Human Rights performance in EU climate policy. The role of European States in climate measures, and access to justice for affected populations. Synthesis Report ClimAccount. Vienna: Ludwig Boltzmann Institute of Human Rights [et al.], 2016. 120 pp. http://bim.lbg.ac.at/sites/files/bim/attachments/report_climaccount_final_11082016.pdf

Bischof, Karin [et al.]: Awareness raising for equality. Manual for trainers: police. Pristina [et al.]: Ludwig Boltz- mann Institute of Human Rights [et al.], 2016. 110 pp.

Bischof, Karin [et al.]: Awareness raising for equality. Manual for trainers: judiciary. Pristina [et al.]: Ludwig Boltzmann Institute of Human Rights [et al.], 2016. 100 pp.

Bischof, Karin [et al.]: Awareness raising for equality. Manual for trainers: education. Pristina [et al.]: Ludwig Boltzmann Institute of Human Rights [et al.], 2016. 139 pp.

Bischof, Karin [et al.]: Awareness raising for equality. Manual for trainers: administration. Pristina [et al.]: Lud- wig Boltzmann Institute of Human Rights [et al.], 2016. 110 pp.

Fraczek, Susanne/Huszka, Beáta/Körtélyesi, Zsolt: The role of human rights in the EU’s external action in the Western Balkans and Turkey. Work package No. 6 – Deliverable No. 2 of the FRAME project, 2016. IX, 378 pp. Available at http://www.fp7-frame.eu/wp-content/uploads/2016/09/Deliverable-6.2.pdf

64 Hofbauer, Jane A.: Climate-policy induced migration. Bridging Categories. (Working paper series in the context of “ClimAccount – Human Rights Accountability of the EU and Austria for Climate Policies in Third Countries and their possible Effects on Migration”). Bielefeld; Vienna; Wuppertal, 2016.

Ludwig Boltzmann Institute of Human Rights [et al.] (ed.): Normally different. Exit strategy – milestones and recommendations. Ludwig Boltzmann Institute of Human Rights [et al.], 2016. 20 pp. http://bim.lbg.ac.at/sites/files/bim/attachments/exit_strategy_normallydifferent.pdf

Mayrhofer, Monika (ed.): International Human Rights Protection. The role of National Human Rights Institu- tions – a Case Study, Work Package No. 4 – Deliverable No. 3 of the FRAME project, 2016. http://www.fp7-frame.eu.

Nowak, Manfred: Amnesie und Amnestie. In: Die Presse/Spektrum (2016-04-09).Vienna: Die Presse, 2016. p. VI.

Nowak, Manfred: Politik darf nicht außerhalb des Rechts stehen. Kommentar der Anderen. In: Der Standard (2016-01-25). Vienna: Verl. Österreich, 2016. p. 19.

Nowak, Manfred: Mit den Menschenrechten bleibt der Mensch auf der Strecke. Interview mit Manfred Nowak. In: Reitan, Claus (ed.): Die neuen Völkerwanderungen. Ursachen der Migration. Vienna: Ed. Steinbauer, 2016. pp. 13–20.

Nowak, Manfred: Was passiert gerade in Aleppo? Menschenrechtsexperte Manfred Nowak im Interview. Vienna: uni:view, 2016. https://medienportal.univie.ac.at/uniview/wissenschaft-gesellschaft/detailansicht/artikel/was-passiert-gerade- in-aleppo-menschenrechtsexperte-manfred-nowak-im-interview/

Planitzer, Julia/Páisan Ruiz, Pablo: Non-Judicial Remedies. Company-Based Grievance Mechanisms and International Arbitration. In: José Álvarez Rubio, Juan/Yiannibas, Katerina (eds.): Human Rights in Business. Removal of Barriers to Access to Justice in the European Union. Executive Summary, 2016. http://humanrightsinbusiness.eu/wp-content/uploads/2016/09/EXECUTIVE_SUMMARY_HRB_Research_ Results.pdf

Planitzer, Julia/Sax, Helmut: Human Trafficking. In: Heikkilä, Mikaela/Mustaniemi-Laakso, Maija (eds.): (FRAME) Large-Scale FP7 Collaborative Project – Work Package No. 11 – Deliverable No. 11.2. Report criti- cally assessing human rights integration in AFSJ policies, 2016. pp. 141–173. http://www.fp7-frame.eu/report-on-human-rights-integration-in-afsj-policies/

Radovic, Nina: Supporting informal citizens’ groups and grass-roots initiatives in Bosnia and Herzegovina. Final report. Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 32 pp. https://issuu.com/erste-foundation/docs/supporting_informal_citizens__group

Radovic, Nina: Straniak Academy for Democracy and Human Rights. 4–17 Sept. 2016, Ulcinj/Montenegro. Final report. Vienna: Ludwig Boltzmann Institute of Human Rights, 2016. 31 pp.

Sax, Helmut: Think-piece on the rights of the child as cross-cutting issue. In: Vivona, Maddalena/Möstl, Mar- kus/Starl, Klaus (eds.): (FRAME) Large-Scale FP7 Collaborative Project – Work Package No. 13 – Deliverable No. 13.2, 2016. pp. 116–129.

Tretter, Hannes: Flüchtlingskrise – Vorübergehender Schutz als möglicher Ausweg? Die Presse, (2016-02-01). Vienna: Die Presse, 2016. p. 1.

Zach, Gerrit: Beschuldigtenrechte in der EU und in Österreich. “Die haben es doch irgendwie eh verdient!” In: LIGA, 2/2016. Vienna: Österreichische Liga für Menschenrechte, 2016. pp. 80–83.

65 Periodicals

polis aktuell. Magazine for teachers and multipliers

1/2016 Zwangsheirat.

2/2016 Transkulturelles und Interkulturelles Lernen.

3/2016 Steuern – Muss das denn sein?

Update: 2/2010 Weibliche Genitalverstümmelung. 4/2015 Politische Bildung im Lehrplan Geschichte und Sozialkunde/Politische Bildung (Sek I 2016).

www.politik-lernen.at/polisaktuell

polis electronic Newsletter Electronic newsletter on a regular basis with comprehensive information on citizenship education and human rights education.

www.politik-lernen.at/newsletter

66 Projects

A New Asylum Policy for Europe?! Opting for a Rights-Based Approach……………………...…….69

Austrian Development Cooperation: Consultation in the Thematic Fields of Governance, Human Rights and Peace Keeping...... 70

Austrian Ombudsman Board: Support to Commission 4...... 71

Bosnia and Herzegovina – Civil Society as a Factor for Change...... 72

Business and Human Rights Challenges for Cross Border Litigation in the European Union...... 73

CAT Commentary: Revision of the Commentary to the UN Convention Against Torture...... 74

Children’s Rights Behind Bars – Human Rights of Children Deprived of Liberty: Improving Monitoring Mechanisms...... 75

CITYCoP – Citizen Interaction Technologies Yield Community Policing...... 76

ClimAccount: Human Rights Accountability of the EU and Austria for Climate Policies in Third Countries and Possible Effects on Migration...... 77

Corporate Liability regarding Trafficking in Human Beings for the Purpose of Labour Exploitation and Access to Effective Remedy...... 78

European Master’s Degree in Human Rights and Democratisation (E.MA)...... 79

EU Fundamental Rights Agency: Assistance to the Management Board...... 80

EU Twinning – Support to Gender Equality in Croatia...... 81

EU Twinning – Project against Homophobia and Transphobia in Kosovo...... 82

EU Twinning – Strengthening the Capacities of the Interministerial Delegation for Human Rights in Morocco...... 84

EU Twinning – Strengthening the Capacities of the National Human Rights Council in Morocco...... 85

EU Twinning – Support to the Advancement of Human Rights and Zero Tolerance to Discrimination in Serbia...... 86

EU Twinning Light – Promotion of the Macedonian Ombudsman’s Competences and Enhancement of its Capacities...... 87

FRAME: Fostering Human Rights Among European (External and Internal) Policies...... 88

GLOBAL VALUE: Assessing the Impacts of Multinational Corporations on Global Development and Value Creation...... 89

67 ILECUs – Strengthening the Rule of Law and Good Governance in South East Europe...... 90

IMPAIR: Enhancing Procedural Rights of Suspects and Accused with Intellectual and/or Psychiatric Impairments...... 91

Improving Juvenile Justice Systems in Europe: Training for Professionals...... 92

Inside Police Custody: Legal and Practical Application of the EU Procedural Rights Package...... 93

Judging the Charter...... 94

Legal Protection against Discrimination in South East Europe...... 95

MIND THE GAP – Measuring (In)equality in Croatia...... 96

Non-judicial Complaints: Striking a Balance between Business and Human Rights Interests...... 97

Nosso Jogo: Initiative für globales Fair Play...... 98

polis – Austrian Centre for Citizenship Education in Schools...... 99

polis – Bookmarks: Combating Hate Speech Online through Human Rights Education...... 100

polis – Educational Measures on Violence against Women...... 101

polis – ENGAGE: Building together European Learning Material on Education for Citizenship....102

polis – “EUrope in School” network...... 103

polis – First Vienna Protest Path...... 104

polis – Workshops for School Classes: Respect, living together and equality of women and men...... 105

Promotion of Rule of Law in the Kyrgyz Republic...... 106

StartClim2016: Migration, Climate Change and Social and Economic Inequalities...... 107

Straniak Academy for Democracy and Human Rights...... 108

Strengthening the fundamental-rights based implementation of EU law in criminal matters through cooperation between judiciary and NPMs...... 109

This Human World: Human Rights Film Festival...... 110

Trafficking in Human Beings in Europe: A Commentary to the Council of Europe Convention on Action against Trafficking in Human Beings...... 111

Training Curriculum on Fundamental Rights for Judgeship Trainees...... 112

Vienna – Human Rights City...... 113

Vulnerabilities and Antidiscrimination: Overlaps, Contradictions and Complementarities of Two Popular Human Rights Concepts...... 114

68 A New Asylum Policy for Europe?! Opting for a Rights-Based Approach

The study which was funded via the Call4Europe initiative of the Contact crowdfunding platform respekt.net provides an overview of the Katrin Wladasch international obligation to protect, an analysis of the EU asylum [email protected] acquis and its deficiencies from a human rights perspective, presents current proposals for change and seeks to provide Persons involved recommendations for steps towards a new asylum policy in and for Europe. Project Coordinator Dorothea Keudel-Kaiser Driven by a rights-based approach the study intends to provide a counterbalance to the predominant discourse about so-called Project Supervision irregular migration and asylum abuse. Fiona Steinert Katrin Wladasch

Authors Publication Dorothea Keudel-Kaiser Keudel-Kaiser/Monina/Scholdan/Wladasch (2016): A new asylum policy Giuliana Monina for Europe?! Opting for a rights-based approach, available at: Bettina Scholdan bim.lbg.ac.at/sites/files/bim/anhang/publikationen/a_new_asylum_policy Katrin Wladasch _for_europe.pdf

Countries Europe

Lead organisation Ludwig Boltzmann Institute of Human Rights

Funded by respekt.net

Starting/end date January 2016 to June 2016

69

Austrian Development Cooperation: Consultation in the Thematic Fields of Governance, Human Rights and Peace Keeping

Contact In 2016, the Ludwig Boltzmann Institute of Human Rights extended Claudia Sprenger its longstanding cooperation with the Austrian Development [email protected] Agency (ADA) through a framework contract to further root and Sabine Mandl develop Human Rights, Democracy and Good Governance, as [email protected] well as Peace Keeping and Conflict Prevention within the work of ADA and the Austrian Federal Ministry for European and Persons involved International Affairs. Researcher, Coordination Claudia Sprenger In fall 2016, the cooperation mainly focused on the internal Sabine Mandl coordination and communication procedures between Saferworld, ADA and BIM as well as the exploration of possible assignments. Team Leader, Researcher Karin Lukas

Researchers Margit Ammer, Moritz Birk, Tiphanie Crittin, Katharina Häusler, Patricia Hladschik, Claudia Hüttner, Barbara Linder, Karin Lukas, Sabine Mandl, Manfred Nowak, Julia Planitzer, Helmut Sax, Andrea Schüchner, Claudia Sprenger, Hannes Tretter, Christian Wawrinec, Gerrit Zach; Jan Pospisil (external expert)

Country Austria

Lead organisation Ludwig Boltzmann Institute of Human Rights, AT

Partner organisation Saferworld, International Peace Building Organisation, UK

Funded by Austrian Development Agency

Starting/end date September 2016 to September 2019

70

Austrian Ombudsman Board: Support to Commission 4

The Commissions of the Austrian Ombudsman Board, which were Contact set up on 1 July 2012, are an integral part of the Austrian National Caroline Paar Preventive Mechanism (NPM). Their mandate is based on the [email protected] Optional Protocol to the Convention against Torture and other [email protected] Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). They control the implementation of the CAT as well as of Art 16(3) Persons involved of the Convention on the Rights of Persons with Disabilities (CPRD). Commission Director Ernst Berger The Commissions carry out unannounced visits and have unrestricted access to all places of “deprivation of liberty” and to Commission Members institutions and facilities for people with disabilities. They also Andrea Berzlanovich, monitor the use of force by police authorities, e.g. demonstrations, Thomas Frühwald, Karin Fischer, deportations and police operations. The Commissions report the Helfried Haas, Hannes Lutz, results of their findings to the Austrian Ombudsman Board. In Matthias Petritsch, Christine Pramer, these reports they can make recommendations, suggest Nora Ramirez Castillo, determinations of cases of maladministration and measures of Barbara Weibold supervisory control. Coordination In 2016, the commissions focused on detention of mentally-ill Caroline Paar persons, conditions of detention, use of force by the police in the public sphere, restriction of physical freedom (especially by Country medication in retirement and nursing homes and hospitals) and on Austria the prevention of violence in child and youth welfare facilities. The coordination of Commission 4 (chaired by Ernst Berger) is Lead organisation residing at the BIM. Ludwig Boltzmann Institute of Human Rights – Research Association, AT

Partner organisation Austrian Ombudsman Board, AT

Funded by Austrian Ombudsman Board

Starting/end date Ongoing since July 2012

71

Bosnia and Herzegovina – Civil Society as a Factor for Change in

Contact In February 2014, citizens’ protests took place in Bosnia and Nina Radovic Herzegovina (BiH) in order to demonstrate the deep resentment [email protected] and long lasting disappointment of the citizens regarding the political gridlock and the catastrophic economic and social situation in the country. Persons involved

Project Leader Inspired by the protests, the question came up how to support the Hannes Tretter citizens in BiH and strengthen their participation and ownership in order to boost the much needed social changes in the country, Project Coordinator based on human rights, democracy and the rule of law. Nina Radovic In this context the conference “Civil Society as a Factor for Change Countries in Bosnia and Herzegovina” was organised in September 2014 in Bosnia and Herzegovina Vienna. Various NGOs and informal civil society groups from Austria Bosnia and Herzegovina as well as Austrian and international civil society representatives and experts came together to discuss Lead organisation current developments and the future of BiH, to network and create Ludwig Boltzmann Institute of Human new cooperation possibilities. Starting from the needs of the Rights – Research Association, AT citizens of BiH, common recommendations were developed, which served as a starting point for further activities. As a result, the initiative for supporting informal civic groups and grass-root Funded by movements in Bosnia and Herzegovina was developed. Funded Austrian Federal Ministry for Europe, by the partners of the initiative – ERSTE Foundation, Swiss Integration and Foreign Affairs Embassy in Sarajevo and the Ministry for Europe, Integration and ERSTE Foundation Foreign Affairs of the Republic of Austria – seven informal grass- Swiss Embassy in Sarajevo root groups from Bosnia and Herzegovina receive financial support

in order to respond to local needs and implement respective Starting/end date activities. The aim of the initiative is to strengthen the civil society July 2015 to July 2017 in BiH in the long term thus contributing to the realisation of human rights, democracy and the rule of law.

72

Business and Human Rights Challenges for Cross Border Litigation in the European Union

National civil courts have the potential to provide appropriate Contact redress for victims of human rights abuses caused by multinational Julia Planitzer corporations but, many times, they lack jurisdiction or adequate [email protected] procedural rules. The most common jurisdictional principles in tort cases call for the jurisdiction of the courts of the country where the Persons involved tort took place (such as article 5.3 Regulation (EC) 44/2000). Certain situations of massive human rights violations, armed Researchers conflicts or institutional discrimination that may have taken place Karin Lukas in that country may, however, go hand in hand with an inadequate, Katharina Häusler biased or easily manipulated judiciary. Furthermore, the applicable Julia Planitzer law will probably be “the law of the country in which the damage occurs” (cf. art. 4.1 Regulation (EC) 864/2007), which may be a Countries country with insufficient legal norms. Europe

The aim of the project was to explore judicial and non-judicial Lead organisation remedies within the EU to hold companies domiciled in a Member Instituto de Gobernanza Democrática State liable for human rights violations for which they or their “Globernance”, San Sebastian, ES subcontractors are responsible, wherever the damage might have occurred. The BIM was mainly responsible for non-judicial Partner organisations remedies, building on the research results of previous projects in 13 European partner organisations, this area. among which:

Stichting Katholieke Universiteit In addition to the research results, the project also developed a Brabant / Tilburg University, NL practical handbook on judicial and non-judicial redress Frank Bold Society, CZ mechanisms for human rights abuses by European corporations Universidad de Navarra, ES and offered trainings for stakeholders in the area of business and Universitat Rovira i Virgili, ES human rights. At the final conference on 8 September 2016 in Universteit Utrecht, NL Brussels, the outcomes were presented. Further information, Cuatrecasas Gonçalves Pereira SLP, videos and podcasts of the four training seminars can found on the ES project’s website. Pravni fakultet Sveučilišta u Rijeci, HR

→ www.businesseurope.eu Funded by European Commission, Publication Directorate General Justice; Austrian Federal Ministry of Labour, Human rights in business. Removal of barriers to access to justice in the Social Affairs and European Union. Ed. by Juan José Álvarez Rubio and Katerina Consumer Protection; Yiannibas. Abingdon [et al.]: Routledge, 2017. 146 pp. Chamber of Labour Vienna

Starting/end date September 2014 to September 2016

73

CAT Commentary: Revision of the Commentary to the UN Convention Against Torture

Contact Almost ten years after the first edition of the United Nations Giuliana Monina Convention against Torture – A Commentary, Prof Nowak and a [email protected] team of experienced researchers the Ludwig Boltzmann Institute of Human Rights (BIM) are working on a new revised edition of the Persons involved Commentary to be published by Oxford University Press.

Editors The Commentary is one of the most comprehensive resource tools Manfred Nowak for anyone working on the prohibition and prevention of torture. Moritz Birk The new edition aims to ensure that the Commentary continues to Giuliana Monina serve as a comprehensive and up-to-date guide, providing

researchers and practitioners worldwide with guidance on the Contributors interpretation of state obligations to prevent torture and ill- Margit Ammer, Moritz Birk, treatment. The revised Commentary will include all relevant Kerstin Buchinger, Stephanie Krisper, developments concerning the interpretation of the UN Convention Johanna Lober, Giuliana Monina, Against Torture (CAT) and the Optional Protocol to the Convention Roland Schmidt, Andrea Schuechner, Against Torture (OPCAT), with particular focus on the practice of Gerrit Zach the UN Committee against Torture as well as the work of the UN

Special Rapporteur against Torture and other UN treaty and Lead organisation charter bodies, human rights monitoring mechanisms, and key Ludwig Boltzmann Institute developments at the national level. The new edition also aims to of Human Rights, AT make the manuscript and the Convention more user friendly for academics and practitioners alike. Funded by Austrian Science Fund (FWF) Moreover, all the primary resources and materials that are gathered during the research will be made available – subject to Starting/end date copyright laws – through an online platform, which will be embedded in the Atlas of Torture’s website, thus offering an January 2016 to December 2017 additional and accessible tool to human rights defenders and researchers in their fight against torture.

→ www.atlas-of-torture.org

74

Children’s Rights Behind Bars – Human Rights of Children Deprived of Liberty: Improving Monitoring Mechanisms

Several international, regional and national human rights Contact institutions conduct monitoring visits to places of detention, such Helmut Sax as the UN Special Rapporteur on Torture, the Council of Europe [email protected] Committee for the Prevention of Torture (CPT), the UN Subcommittee on the Prevention of Torture (SPT) or the National Persons involved Preventive Mechanisms (NPM) under the OPCAT. Several of these monitoring bodies, including the National Preventive Researchers Mechanism in Austria under the Ombudsman Board, implement Tiphanie Crittin regular visits specifically to places of deprivation of liberty of Tamara Majnek children, including juvenile detention facilities, police holding cells Helmut Sax or residential institutions, to verify conditions of placement of children. Yet, practical and comprehensive guidelines for the Countries monitoring of such institutions not exist, despite children’s European Union particular needs and rights. Lead organisation This project was, thus, created to close this gap, aiming to improve Defence for Children International monitoring standards and practice in juvenile justice and other (DCI), BE areas of deprivation of liberty of children in order to enhance the protection of their rights. The BIM was in charge of the elaboration Partner organisations of the national report on Austria, based on research and analysis Organisations from: of existing monitoring and complaints mechanisms for children in Belgium, Estonia, France, Ireland, places of deprivation of liberty in the country. The final guide is Italy, Latvia, Luxembourg, based on the results drawn by each national report. Netherlands, Poland, Romania,

Spain, United Kingdom, Serbia Consequently, the main outcome of the project has been the

“Practical Guide – Monitoring places where children are deprived Associate partner of liberty”, launched by Defence for Children International (DCI) on Council of Europe behalf of all partners at a conference in Brussels in February 2016, chaired by the CPT President, with contributions from the UN Special Rapporteur on Torture, the European Commission and the Funded by Council of Europe. Download (see below), application and European Commission, feedback is strongly encouraged in order to contribute to stronger Directorate General Justice, harmonization of policies and practices between monitoring Austrian Federal Ministry of Justice bodies. Starting/end date → bim.lbg.ac.at/de/artikel/childrens-rights-behind-bars-nationaler- March 2014 to February 2016 bericht-osterreich → www.childrensrightsbehindbars.eu/outputs/practical-guide

Publication Crittin/Majnek/Sax: Human Rights of Children Deprived of Liberty: Improving Monitoring Mechanisms – Austria National Report, 2014.

Defence for Children International (DCI): Practical Guide – Monitoring places where children are deprived of liberty, 2016.

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CITYCoP – Citizen Interaction Technologies Yield Community Policing

Contact The theories underlying community policing received new impetus Anna Müller-Funk with the recent advent of smartphones and social media and [email protected] especially the notion of user-generated content (UGC) where the users are citizens engaged in closer interaction with their local Persons involved community and law enforcement agency. The five years 2010- 2014 have seen a rapid upsurge of smartphone apps aimed at Researchers improving crime reporting and other forms of UGC and interaction Johanna Lober associated with community policing. Anna-Müller Funk

Karl Schönswetter CITYCoP sets out to learn what are the common features and the Petr Kudelka best practices embraced by apps which may have been successful Andrea Schüchner worldwide and determine why apparently promising ones may Hannes Tretter have failed. It then goes on to produce a uniquely European

solution including a smartphone app and an on-line portal, which Project Coordination are capable of being deployed in every European city while still Anna Müller-Funk retaining the “local flavour” and diversity. Fiona Steinert

BIM develops a human rights framework for this project to ensure Countries that the human rights of all those involved in the use of the app are global protected and safeguarded.

Lead organisation In September, 2016, BIM hosted a workshop at the Research University of Groningen (RUG), NL Centre Human Rights, where together with experts from other partner institutions parameters for the creation of an ethical and legal compliance matrix for the CITYCoP App were elaborated. Partner organisations

22 partner organisations, including: At the Steering Committee meeting in Rome in November 2016, a University of , MT prototype of the CITYCOP App was already successfully Fraunhofer Institut für Intelligente presented. BIM is thereby working on ensuring the app’s Analyse- und Informationssysteme, DE compliance with national and international human rights and data Hoplite Software, ES protection laws. City of Florence, IT

South Yorkshire Police, UK Additionally, BIM will be hosting the upcoming CITYCoP Steering Leibnitz Universität Hannover, DE Committee Meeting in Vienna, which takes place in May 2017 in Polícia de Segurança Pública Vienna. Portuguesa, PT

 citycop.eu Funded by European Commission, Directorate General Research, Horizon 2020 Publication

“Human Rights Considerations for Community Policing.” The report will Starting/end date be available in 2017 on the project website www.citycop.eu. June 2015 to May 2018

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ClimAccount: Human Rights Accountability of the EU and Austria for Climate Policies in Third Countries and Possible Effects on Migration

Measures to address climate change can result in human rights violations Contact when the rights of affected populations are not taken into consideration. Monika Mayrhofer Climate change projects in so-called ‘developing’ countries are often [email protected] financed and/or also implemented by industrialised countries. The research project ClimAccount focused on the accountability of the EU Persons involved and its Member States with regard to negative impacts of climate change Project Leader measures they are involved in on human rights in third countries – Monika Mayrhofer especially those associated with ‘migration effects’. Based on three case studies – projects registered under the Kyoto Protocol’s Clean Researchers Development Mechanism – the human rights dimension of climate Margit Ammer change action was discussed, areas of human rights concerns that were Jane Hofbauer discernible in all three case study projects were identified, the issue of extraterritorial human rights obligations was analysed and the subject of Project Assistance access to justice was scrutinized. Margit Braun The research project concluded that human rights are inadequately incorporated into the global climate change policy and legal framework Countries which leaves project affected communities vulnerable to violations of EU, Panama, Kenya, Uganda their human rights. The case studies indicate that there are three common areas of concern with regard to ensuring the human rights of Lead organisation the project affected population: participation, migration/resettlement/ Ludwig Boltzmann Institute relocation and due diligence. of Human Rights, AT

The case studies revealed that it is crucial to ensure the participation of project affected people in all phases of the project, to carry out Partner organisations resettlement activities in accordance with human rights obligations and Bielefeld University, Research to guarantee a thorough and adequate environmental and social impact Unit on Transnationalization, assessment that takes into account the impact of the project on the Development and Migration, DE human rights of the affected communities. Wuppertal Institute for Climate, Environment and Energy, DE The question of holding the EU and its member states accountable for human rights violations in this context is a particularly challenging one. Funded by Although the case for extraterritorial human rights obligations in this context is very hard to make, they play an important role in determining Austrian Climate and the expected conduct by states at the international level, i.e. in particular Energy Fund the obligation to refrain from conduct which impairs the enjoyment of human rights outside of their territory. With regard to access to justice, Starting/end date project affected people are very often left to non-judicial grievance March 2014 to June 2016 mechanisms of multi- and bilateral financing institutions, which are important for ensuring their rights but also show some shortcomings (e.g. accessibility, independence).

In 2016, a dissemination event (Human Rights Talk) and a workshop with stakeholders was organised, a Policy Brief and a Synthesis Report were drafted and published and several articles were submitted to and accepted by peer-reviewed academic journals.

Publications Hofbauer/Pérez/Mayrhofer/Calzadilla (2017): Rethinking the role of development banks in climate finance: Panama’s Barro Blanco CDM project and human rights, in: Law, Environment & Development Journal, Vol. 12, No. 1, pp. 1-19; http://www.lead-journal.org/content/16001.pdf 77

Corporate Liability regarding Trafficking in Human Beings for the Purpose of Labour Exploitation and Access to Effective Remedy

Contact In recent years more knowledge has been gained on trafficking in Julia Planitzer human beings for the purpose of labour exploitation. More and [email protected] more cases have come to the fore in many economic sectors, including agriculture, construction, garments, care and cleaning Persons involved work. Nevertheless, access to effective remedies is often out of reach for trafficked persons. Additionally, it is often difficult for Lead Researcher those affected to hold companies accountable in case of labour Karin Lukas exploitation.

Researchers This project analyses corporate liability regarding trafficking in Julia Planitzer human beings (THB) for the purpose of labour exploitation and Katharina Häusler exploited workers’ existing possibilities to have access to effective Barbara Linder remedies. The project identifies legal avenues that can be used in

order to claim compensation from corporations. Exploited workers Administration and their legal possibilities to claim compensation from Margit Braun corporations by criminal or civil proceedings are at the centre of

this project. Country Austria The study focuses on Austria and assesses to what extent the Austrian legislation provides for means of sanctioning corporations Lead organisation in the context of THB. Thereby it feeds into ongoing research on Ludwig Boltzmann Institute THB and compensation for corporate human rights violations. of Human Rights, AT During 2016, the researchers presented preliminary findings at different conferences and the first publications were prepared. Funded by Austrian National Bank Jubilee Fund

Starting/end date May 2015 to April 2017

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European Master’s Degree in Human Rights and Democratisation (E.MA)

The European Master’s Degree in Human Rights and Contact Democratisation (E.MA) is a one-year, inter-university and inter- Marijana Grandits disciplinary postgraduate programme. The programme aims at [email protected] educating experts in the field of human rights and democratisation and to prepare them for their future work in international and Persons involved human rights oriented organisations, such as the EU, UN, OSCE and NGOs. E.MA National Director Christina Binder During the first term, which is taught in Venice, the students receive a comprehensive introduction into the historical, E.MA National Coordinator and philosophical, anthropological, political and legal fundamentals of Organiser of the Kosovo field trip international human rights. At the end of the first term, the BIM Marijana Grandits organises a field trip to Kosovo. The students spend the summer semester in one of the 41 participating universities all over the EU, Countries where they take part in seminars and write their master thesis. EU Member States

In 2016, three Master students (“Masterini”) from Australia, Russia Lead organisation and the US came to Vienna during their second semester. Their European Inter-University Centre for theses focused on the death row phenomenon self-harm in Human Rights and Democratisation immigration detention and an analysis of the power of local (EIUC) governments, to protect migrants’ human rights.

Partner organisations → www.emahumanrights.org 41 participating universities in all → www.eiuc.org EU Member States

Funded by Publication European Commission E.MA Awarded Theses Collection Regione del Veneto, IT Municipality of Venice, IT United Nations Educational, Scientific and Cultural Organization (UNESCO) Office of the United Nations High Commissioner for Human Rights (OHCHR) Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ)

Starting/end date ongoing since September 1997

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EU Fundamental Rights Agency: Assistance to the Management Board

Contact The European Union Agency for Fundamental Rights (FRA) Anna Müller-Funk provides the relevant institutions and authorities of the EU and its [email protected] member states with assistance and expertise relating to fundamental rights when implementing the Community law. Above Persons involved and beyond giving advice to institutions and Member States, FRA Vice Chair of FRA Management is in charge of the collection and analysis of comparable Board information and data on the fundamental rights situation and its Manfred Nowak development in the EU, as well as developing methods and standards to improve the quality and comparability of data at EU Scientific and level. The Agency’s main tasks further comprise the realisation Administrative Assistance and promotion of scientific research and surveys as well as Anna Müller-Funk cooperation with civil society and awareness-raising, aimed at the establishment of a network through the Fundamental Rights Platform. On 11 March 2013 the Council adopted the new Country Multiannual Framework for the Agency according to which FRA is Austria primarily engaged in the following issues: access to justice, victims of crime, including compensation to victims, information society Lead organisation and, in particular, respect for private life and protection of personal Ludwig Boltzmann Institute of Human data, Roma integration, judicial cooperation (except in criminal Rights – Research Association, AT matters), rights of the child, discrimination, immigration and integration of migrants, visa and border control and asylum, Funded by racism, xenophobia and related intolerance. Austrian Federal Chancellery Hannes Tretter was the Austrian independent member of the Management Board (MB) of FRA since 2008, since July 2012 this Starting/end date appointment is held by Manfred Nowak. The MB is in charge of the ongoing since September 2007 formulation of a Multiannual Framework Programme for the Agency, the determination of FRA’s annual work programme and budgeting, the adoption of the annual report and the appointment and dismissal of the Agency’s director. In 2008 the MB decided to appoint Morten Kjærum from Denmark as first Director of the Agency. His successor is the Irish human rights expert Michael O’Flaherty. In his function as vice chair of the FRA MB Manfred Nowak is also member of the Executive Board, which prepares the decisions of the MB and consults the director.

In the exercise of these functions the scientific assistance provided by the BIM includes the organisation and managing of Round Table discussions, the coordination of scientific institutions, NGOs, political actors and public authorities in Austria, as well as the dissemination of information on FRA’s activities amongst the latter and the public. The 2016 Round Table took part on December 15th at the house of the European Union: “The civil society joins in. New perspectives, challenges and opportunities in the Human Rights work frame.” Among others, Secretary of State for Diversity, Public Service and Digitalisation, Muna Duzdar, participated in the roundtable as a speaker, adding her voice to numerous engaged members of the Austrian public who also took part in the event.

→ fra.europa.eu

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EU Twinning – Support to Gender Equality in Croatia

The objective of this project is to develop institutional capacities in Contact Croatia for coordinated implementation, monitoring and evaluation Agnes Taibl of national and international gender equality principles and to raise [email protected] public awareness and trust into the capacities of the Republic of Croatia to protect citizens from gender-based discrimination. Persons involved

The project thus comprehensively targets the Croatian national BIM Experts institutional mechanism for gender equality, which consists of the Julia Planitzer Governmental Office for Gender Equality, the Gender Equality Dieter Schindlauer Ombudsman, the Parliamentary Committee for Gender Equality, coordinators for gender equality in state administration bodies and Project Manager offices as well as local (municipal/town and county) committees for Susanne Fraczek gender equality. In addition, the project aims at strengthening the Agnes Taibl efficiency of the Croatian judiciary related to gender-based discrimination and hence also closely cooperates with the Judicial Country Academy. Croatia

The kick-off event of the project was held in Zagreb on 24 May Lead organisation 2016 at the premises of the Parliament of the Republic of Croatia. National Institute for Health and It was opened by Helena Štimac Radin, Director of the Office for Welfare, FI Gender Equality in Croatia. The meeting was well-attended by relevant stakeholders and had good media coverage. Partner organisation

Ludwig Boltzmann Institute In 2016, BIM experts contributed to project component 5 focusing of Human Rights, AT on strengthening professional capacities, competences and knowledge of the judiciary in the area of the implementation of Beneficiary institution (HR) gender equality legislation. They conducted a training needs Governmental Office for analysis for judges in misdemeanour (magistrate), civil and Gender Equality criminal (penal) courts at municipal and county level in the area of implementation of the gender equality legislation. Thereafter, BIM experts prepared a comprehensive tailored-made training Funded by programme and training materials based on the analysis. The European Commission, trainings will focus on case studies discrimination on grounds of Directorate General European sex and age, indirect discrimination, discrimination in relation to Neighbourhood Policy and labour and sexual harassment, and will include relevant case law Enlargement Negotiations from Croatia. BIM experts together with Austrian and Croatian judges conduct the trainings in February and March 2017. Starting/end date May 2016 to July 2017

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EU Twinning – Project against Homophobia and Transphobia in Kosovo

Contact Under the motto “normally different” the overall objective of this Susanne Fraczek project was to contribute to enhancing human rights protection in [email protected] Kosovo by tackling homophobia and transphobia as one face of discrimination and social exclusion. In order to enhance diversity as Persons involved normality, the project took a multi-faceted approach by 1) tackling existing anti-discrimination legislation and the institutional structures Project Leader in relation to sexual orientation and identity, 2) providing capacity Fiona Steinert building for Kosovo authorities as well as journalists and media

representatives, 3) improving access for the LGBTI (lesbian, gay, Resident Twinning Adviser bisexual, transgender, intersex) community to legal and Dieter Schindlauer psychological counselling, 4) supporting the work of the national

Advisory and Coordination Group for the Rights of the LGBTI Project Manager Community in order to foster pertinent cooperation between Jana Frühauf government, civil society, the international community and regional Susanne Fraczek stakeholders.

BIM Experts The final project phase in 2016 could build on important results Karin Bischof, Niall Crowley, achieved in the two previous years: recommendations on legal Patricia Hladschik, Barbara Liegl, reform as well as action plans and sector strategies; Anna Müller-Funk, Hannes Tretter recommendations on a monitoring system regarding equal

treatment of LGBTI persons; a comprehensive training of trainers Country course in the fields of administration, education, justice and police, Kosovo including pilot peer trainings and four specific handbooks; guidelines on school textbooks; awareness-raising for journalists; the project Lead organisation website and a communication strategy for equal treatment of LGBTI Ludwig Boltzmann Institute persons; workshops with members of the civil society on counselling of Human Rights, AT standards.

Partner organisations In 2016 the project intensified its support to the Advisory and Coordination Group for the Rights of the LGBTI Community with two National Institute for Health and strategy workshops and a discussion event on “LGBTI coverage on Welfare (THL), FI mainstream media”. A jointly organised sustainability conference, Ombud for Equal Treatment, AT which centred on recommendations for continuing the equality Vienna Anti-Discrimination Unit trainings, brought together high-rank representatives from the EU, for Same-Sex and Transgender from Kosovo line ministries, the Kosovo Institute for Public Ways of Life, AT Administration, from the justice sector and police as well as NGOs.

The participants signaled commitment to follow up on the Beneficiary institution (KS) recommendations and to carry forth the “normally different” idea. An Office for Good Governance in Exit Strategy, summarizing all milestones of the project and the Office of the Prime Minister recommendations for further measures, served as another tool for

fostering sustainability. Funded by

European Commission, Both a project-internal evaluation and an external Result Oriented Directorate General for Enlargement Monitoring on behalf of the European Commission found that the Kosovo Office for Good Governance highly appreciated the project Starting/end date cooperation and gained considerable expertise through it. The April 2014 to August 2017 extensive anti-discrimination experience of the team was rated as highly as was the ability to transfer their positive attitude and to encourage commitment.

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With all activities successfully completed, project implementation closed with the “normallydifferent Fiesta” on 1 April 2016.

→ bim.lbg.ac.at/de/artikel/aktuelles/abschlussveranstaltung-des- twinning-projekts-gegen-homophobie-transphobie-kosovo → www.normallydifferent.com

Publications Bischof et.al.: Awareness Raising for Equality – Manual for trainers: Administration.

Bischof et.al.: Awareness Raising for Equality – Manual for trainers: Education.

Bischof et.al.: Awareness Raising for Equality – Manual for trainers: Judiciary.

Bischof et.al.: Awareness Raising for Equality – Manual for trainers: Police.

Hladschik: Guidelines on How to Identify Discrimination in Textbooks, Focusing on Gender and Sexual Orientation. normallydifferent – Exit Strategy – Milestones and recommendations.

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EU Twinning – Strengthening the Capacities of the Interministerial Delegation for Human Rights in Morocco

Contact The Interministerial Delegation for Human Rights (Délégation Claudia Hüttner Interministérielle aux Droits de l’Homme, DIDH) has been [email protected] established in the course of the Moroccan constitutional reform in 2011. Its task is to supervise government compliance with human Persons involved rights standards and to ensure the implementation of international human rights conventions. The project aimed at supporting the Junior Project Leader activities of the Delegation and to strengthen its organisational Patricia Hladschik structures and technical capacities.

Project Management Main activities of the project were the improvement of structures Claudia Hüttner and operational procedures by devising handbooks, elaborating a

training curriculum, holding trainings, analysing legislation and the BIM Key Experts supervision of the implementation and evaluation of the national Moritz Birk human rights action plan. The targeted results of the project Barbara Linder included an improved dynamic of the structure of the DIDH, an Manfred Nowak expansion of the technical capacities of the DIDH, and an

integration of the human rights approach in programmes and Country policies of the respective Moroccan public institutions. Morocco BIM’s participation in project activities was manifold, consisting of Lead organisation the elaboration of a staff development and training curriculum, the Fundación Internacional y para formulation of a thematic handbook on the rights of persons Iberoamérica de Administración y deprived of liberty as well as of a methodological handbook for Políticas Públicas (FIIAPP) together monitoring UN human rights recommendations. Furthermore, with Ministry of the Presidency/Centro BIM’s experts also conducted a coaching for the DIDH’s CAT Task de Estudios Políticos y Force, a perspective on the work done by the DIDH and assistance Constitucionales, Ministry of Foreign in the preparation of the 2017-2020 Strategic Plan. Affairs, Ministry of Justice, ES

Partner organisations Ludwig Boltzmann Institute of Human Rights, AT Commission Nationale Consultative des Droits de l’Homme together with France Expertise Internationale, FR

Beneficiary institution (MA) Délégation Interministérielle aux Droits de l’Homme, DIDH

Funded by European Commission, Directorate General European Neighbourhood Policy and Enlargement Negotiations

Starting/end date October 2014 to October 2016

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EU Twinning – Strengthening the Capacities of the National Human Rights Council in Morocco

The Moroccan National Human Rights Council (CNDH) has been Contact strengthened under the constitutional reform of 2011 and is Christian Wawrinec responsible for the protection and promotion of human rights in [email protected] Morocco. It emerged from the Consultative Human Rights Council, which was in turn established in the context of a national Persons involved institutional and legislative reform wave in 1990. Junior Project Leader

Patricia Hladschik The international obligations of the Kingdom of Morocco, the events of the Arab Spring and the political situation in the Project Management neighbouring countries of Northern Africa, as well as the Christian Wawrinec increasing expectations of the Moroccan population in regard to the implementation of human rights in everyday life are challenging BIM Key Experts the CNDH in its role of being the main actor in the implementation Moritz Birk, Tiphanie Crittin, of national and international human rights mechanisms. Katharina Häusler, Stephanie Krisper,

Barbara Linder, Manfred Nowak, In this context, the competencies of the staff of the CNDH as well Gerrit Zach as its Regional Human Rights Commissions are strengthened on an organisational and thematic level to ensure that they are properly prepared to exercise the CNDH’s function and Country responsibilities in the promotion of human rights, for example in Morocco the areas of conflict prevention techniques and peaceful settlement of disputes, electoral observation, investigation of Lead organisation possible violations of human rights, the establishment of a National Commission Nationale Consultative Preventive Mechanism for preventing torture, methodology for the des Droits de l’Homme together with preparation of reports and advice to the United Nations, and rights France Expertise Internationale, FR of migrants and asylum seekers. Partner organisations Main activities of the project are the formulation of a human Ludwig Boltzmann Institute resources development plan, of training plans and implementation of Human Rights, AT of trainings in the abovementioned areas, the organisation of study Center for International Legal visits to share experience and practices from EU Member States, Cooperation, NL and the establishment of an operational management and a quality management system. Beneficiary institution (MA) Conseil National des Droits de l’Homme

Funded by European Commission, Directorate General European Neighbourhood Policy and Enlargement Negotiations

Starting/end date July 2015 to June 2017

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EU Twinning – Support to the Advancement of Human Rights and Zero Tolerance to Discrimination in Serbia

Contact The EU Twinning project supports Serbia’s continuing efforts to Agnes Taibl harmonise its legislation with the EU acquis and establish an [email protected] efficient and effective system for protection against discrimination, protection of the rights of minorities and human rights defenders. Persons involved The aim is to strengthen the existing capacities of the Office for Human and Minority Rights (OHMR), the Commissioner for Project Leader Protection of Equality (CPE) and other key stakeholders such as Hannes Tretter judges, prosecutors, the police and National Councils of National

Minorities (NCNMs) for the implementation of human rights and to Resident Twinning Adviser make anti-discrimination policies more effective at national and Barbara Liegl local level.

Project Management Activities of the project aim at supporting the OHMR in Agnes Taibl implementing and monitoring the implementation of various action

plans – in 2016 the focus was on the Action Plan for the Realisation BIM Key Experts of the Rights of National Minorities, which was adopted in March, Karin Bischof, Niall Crowley, and on strengthening the capacities of the NCNMs. The activities Anna Müller-Funk, Dieter Schindlauer, with the Commissioner for Protection of Equality as the equality Katrin Wladasch body to prevent and combat discrimination focused on improving

the quality of recommendations issued as well as on enhancing Country the data collection capacities. By way of a training of trainers Serbia program targeting the CPE staff, the project will contribute to further developing communication and lobbying skills of the CPE Lead organisation staff and raising the capacities of the staff in doing outreach work Ludwig Boltzmann Institute at national, regional and local level. E-learning tools promoting the of Human Rights, AT Law on Prohibition of Discrimination, raising awareness for the concepts and recognition of discrimination and supporting the Partner organisations development of awareness raising and preventive anti- discrimination measures have been conceptualised and will target Office for Minority Rights, SI municipalities as well as NCNMs. National Institute for Health and Welfare (THL), FI In 2016, BIM experts contributed to a wide range of project

activities, including the implementation of training activities Beneficiary institutions (SR) targeting police officials, judge trainees and representatives of the Office for Human and Minority Rights NCNMs, the development of e-learning tools raising awareness for (OHMR) discrimination, and the support in developing communication Commissioner for Protection strategies and awareness raising campaigns on the rights of of Equality (CPE) national minorities and the right to non-discrimination. Funded by

European Commission, Directorate General for Publication Neighbourhood and Enlargement Citizens’ Attitudes on Discrimination in Serbia, Belgrade, 2016. Negotiations

Starting/end date August 2015 to June 2017

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EU Twinning Light – Promotion of the Macedonian Ombudsman’s Competences and Enhancement of its Capacities

The Twinning Light project which supported the Macedonian Contact Ombudsman Office was successfully completed in close Christian Wawrinec cooperation with the Austrian Ombudsman Board under the overall [email protected] project leadership of Gertrude Brinek, Chairperson/Member of the Board. Persons involved

BIM Senior Key Expert The overall objective of the Twinning Light project was to enhance Katrin Wladasch the capacities of the Office in protection of fundamental rights and freedoms, to further promote the visibility of the Ombudsman Project Management competencies among the citizens and relevant institutions and to Christian Wawrinec enhance the capacity of the Ombudsman and the quality of the staff in line with international standards and best practices. Apart BIM Key Experts from the central office in Skopje, BIM experts also worked with the Moritz Birk, Tiphanie Crittin, Deputy Ombudspersons and their staff in six regional offices in Stephanie Krisper, Anna Müller-Funk, Bitola, Kichevo, Kumanovo, Shtip, Strumica and Tetovo, which Helmut Sax, Andrea Schüchner, handle complaints and maintain communication at a local level. Karl Schönswetter The Macedonian Ombudsman actively involved himself in the implementation of all activities and thereby strengthened his position to be a protector of fundamental and human rights. Country Operational recommendations developed and presented by BIM Macedonia and the Austrian Ombudsman Board took into account the financial limits of the Macedonian partners so various Lead organisation improvements could be implemented despite external constraints. Austrian Ombudsman Board in For example, through a more comprehensive use of all relevant cooperation with Ludwig Boltzmann media (traditional, online and social media), the Ombudsman Institute of Human Rights, AT Office will be able to improve its outreach to all age groups and thereby gain a higher public visibility, especially among the young Partner organisation citizens of Macedonia. The Ombudsman can furthermore motivate Beneficiary institution (MK) public administrative bodies to refer to him for guidance on how to Office of the Ombudsman of the respect citizens’ rights and how to integrate a rights’ culture into Republic of Macedonia their system. With such an approach, the Ombudsman Office can develop from an individual problem solver to a change agency and Funded by firmly establish its position as a champion of fundamental rights in Macedonia. European Commission, Directorate General Neighbourhood and Enlargement Negotiations Activities consisted of on-the-job trainings for the staff of the six regional offices, establishing outreach and awareness-raising campaigns with a focus on online media, organising roundtable Starting/end date events (on the situation of detention places for migrants and April 2015 to March 2016 asylum seekers, on street children’s access to rights, on Roma inclusion in primary education, and on children with autism in elementary education), strengthening staffs skills in performing prevention and protection monitoring visits (to daily centres for street children, social care centres, centres for persons with disabilities, centres for elderly persons, and centres for asylum seekers and refugees) as well as producing written recommendations on the improvement of the office’s working standards in line with international requirements.

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FRAME: Fostering Human Rights Among European (External and Internal) Policies

Contact The Treaty of Lisbon established human rights as fundamental Karin Lukas principle and goal of EU measures. The EU faces a number of [email protected] challenges, for example the fragmentation of competencies of the EU and its Member States in the area of human rights, or the Persons involved contestation of the universality of human rights by EU partner countries. FRAME analyses the internal and external EU human Cluster Lead, rights policies and makes suggestions for example on how to Steering Committee Member better conceptualize and operationalize human rights, democracy Karin Lukas and the rule of law within the EU, but also regarding other States

and organisations. In 2016, case study reports on national human Work Package Lead WP 4 rights institutions and on European Enlargement Policy were Monika Mayrhofer developed, as well as two journal articles on major findings of Work

Package 2 (Factors influencing human rights protection) and Work Researchers Package 4 (Human rights institutions and instruments). BIM Susanne Fraczek, Anna-Müller Funk, researchers participated in FRAME conferences on various topics, Patrick Harris, Katharina Häusler, for example on Business and Human Rights, and reviewed a Claudia Hüttner, Julia Planitzer, number of FRAME research reports, inter alia on EU Engagement Helmut Sax, Katrin Wladasch in regional organisations (FRAME report 5.2) and on the

coherence of EU policies (FRAME report 8.3). Project Administration

Karl Schönswetter → www.fp7-frame.eu

→ bim.lbg.ac.at/en/publikation/frame-fostering-human-rights- Countries among-european-external-and-internal-policies global

Lead organisation Publications Centre for Global Governance In 2016 BIM contributed to the following FRAME reports: Studies, Leuven, BE

Fraczek/Huszka/Körtvélyesi: The role of human rights in the EU’s external Partner organisations action in the Western Balkans and Turkey. 2016. 19 Partner organisations, including: Danish Institute of Human Rights, DK Mayrhofer [ed.]: International Human Rights Protection: Åbo Akademi, FI The Role of National Human Rights Institutions – a Case Study. 2016. Sevilla University, ES Nottingham University, UK Mayrhofer: Not Good Enough Politically: A Political Science Analysis of Eötvös Loránd University, HU the EU’s Human Rights Framework, in: Benedek, W., Benoît-Rohmer, Pretoria University, ZA Florence, Kettemann, Matthias C., Klaushofer, R. & Nowak, Manfred Indian Society of International Law, IN (Eds.) European Yearbook on Human Rights, Graz, 2016, pp 213–222.

Funded by European Commission, Directorate General Research, 7th Framework Programme

Starting/end date May 2013 to April 2017

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GLOBAL VALUE: Assessing the Impacts of Multinational Corporations on Global Development and Value Creation

The private sector is an important actor in addressing global Contact development challenges. Despite the calls for corporate Barbara Linder accountability, comprehensive frameworks supporting [email protected] multinational companies (MNCs) to manage and measure their development impacts are still lacking. The GLOBAL VALUE Persons involved Project aims at addressing this need. Project Management It offers: Barbara Linder

 An evidence-based, credible and independent impact Researchers assessment framework, including an indicator set, and toolkit Karin Lukas for MNCs. Barbara Linder  A policy roadmap and recommendations for decision makers in Claudia Sprenger policy, business and civil society organisations.  Empirical evidence enriching the academic discourse on Countries development impacts of MNCs and the interrelations between global responsible business practices, competitiveness, and official development assistance. Lead organisation Institute for Managing Sustainability Methodological advancements in corporate impact assessment, (RIMAS), AT stakeholder engagement, as well as crowd intelligence and design thinking in a research context. Partner organisations The BIM supports the project with human rights expertise. 11 Partner organisations, including:

Aalto University, FI In 2016, the toolkit was further developed. Another focus laid in the Öko-Institut e.V., DE dissemination of project results. Thu BIM together with the lead Nottingham University, UK partner RIMAS started a consultation process for the Austrian Central European University, HU Development Agency (ADA) on the operationalisation of the social, BRAC, BD gender and environmental standards for projects and strategic Sokoine University, TZ partnerships in the frame of ADA’s business partnerships. The aim is the determination of manageable minimum and monitoring standards for projects and strategic partnerships based on ADA’s Funded by Manual Environmental and Social Impact Management European Commission, (environmental standards, human rights standards, and social Directorate General Research, standards). 7th Framework Programme

→ www.global-value.eu Starting/end date January 2014 to April 2017

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ILECUs – Strengthening the Rule of Law and Good Governance in South East Europe

Contact The project aimed at the sustainable improvement of national, Barbara Liegl international and regional cooperation in the fight against [email protected] transnational organised crime, which contributes to strengthening the rule of law and good governance in South East Europe. Persons involved Beneficiaries of this project were the International Law Enforcement Coordination Units (ILECUs) in South Eastern Project Leaders Europe as well as in the Republic of Moldova and in the Republic Barbara Liegl of Georgia in the course of this project. An ILECU is a national Fiona Steinert coordination contact point dealing with criminal matters for a

diverse range of European and international law enforcement Experts cooperation organisations. Sabine Mandl

Julia Planitzer The activities within the project aimed at strengthening the Christof Tschohl cooperation of the ILECUs and further developing their standard

operating procedures via the Heads of ILECUs network. The Financial Management Heads of ILECUs network is an important tool for promoting crucial Karl Schönswetter human rights issues such as data protection, protection of the

rights of victims as well as offenders and for integrating these Countries aspects into the quality standards of the daily work of the ILECUs. Albania, Bosnia and Herzegovina, Croatia, Georgia, Kosovo, In 2016, the project team focused on the evaluation done by an Macedonia, Moldova, external expert and the drafting of the final report. During the Montenegro, Serbia course of the project, the BIM primarily focused on contributing to the development and implementation of training activities targeting Lead organisation ILECUs staff, but also police in Moldova and Bosnia and Criminal Intelligence Service Austria, AT Herzegovina. Furthermore, BIM experts were involved in further Ludwig Boltzmann Institute of Human developing Police Equal Performance (PEP) in the area of Rights – Research Association, AT Trafficking in Human Beeings, a tool supporting the assessment of the standards in regards to professional ethics, human rights and Funded by especially victim and data protection of the project target countries. Austrian Development Agency PEP contributes to sustainably enhancing and reinforcing the national, international and regional cooperation in the fight against cross-border organised crime by strengthening the rule of law and Starting/end date good governance in the target countries. February 2013 to March 2016

90

IMPAIR: Enhancing Procedural Rights of Suspects and Accused with Intellectual and/or Psychiatric Impairments

In this project the Ludwig Boltzmann Institute of Human Rights Contact (BIM) in cooperation with partners from Bulgaria, the Czech Barbara Linder Republic, Lithuania, and Slovenia, analyses the implementation of [email protected] the European Comission Recommendation on procedural safeguards for vulnerable persons suspected or accused in Persons involved criminal proceedings (C(2013) 8178/2). Project Leader

Barbara Linder The project focus lies on strengthening the procedural rights of criminal suspects and accused with intellectual and/or psychiatric Researchers impairments. In line with the Recommendation, the assessment Barbara Linder, Claudia Sprenger, period extends from the moment of suspicion until the verdict. Stephanie Krisper, Nóra Katona, While pre-trial detention will be covered in the project, the situation Karin Lukas, Moritz Birk after the sentencing, i.e. the execution of the prison sentence, will not be covered in this project. Countries The overall aim of the project is to identify good-practices, as well Austria, Bulgaria, Slovenia, as gaps and shortcomings of each project partner’s national Czech Republic, Lithuania criminal justice system (Austria, Bulgaria, Czech Republic, Lithuania, and Slovenia) with regard to the implementation of the Lead organisation Recommendation and to elaborate recommendations at the Ludwig Boltzmann Institute national and EU-level. It strives to enhance the awareness and of Human Rights, AT capacities of professional stakeholders involved in criminal proceedings (in particular law enforcement authorities, legal Partner organisations practitioners, medical personnel, the judiciary, NGOs and Peace Institute (SI) representatives of persons with intellectual and/or psychiatric Mental Health Perspectives (LT) impairments) to understand the complex situation and barriers Bulgarian Helsinki Committee (BG) which these persons encounter. Liga for Human Rights (CZ)

The national situation in the partner countries will be outlined in Funded by five National Baseline Studies. The project aims at extensive stakeholder involvement which is ensured by stakeholder European Commission, interviews and a European Expert Workshop. In addition the Directorate General Justice research is accompanied by five National Advisory Groups which are composed of representatives of all stakeholders. The results Starting/end date of the research is summarised in a Handbook for professional August 2016 to July 2018 stakeholders including a comparative report of the five partner countries, criteria for identifying good practice examples, case studies as well as practical and policy recommendations.

91

Improving Juvenile Justice Systems in Europe: Training for Professionals

Contact In 2016 the EU “Directive on procedural safeguards for Sabine Mandl children suspected or accused in criminal proceedings” [email protected] entered into force. This project aimed to practically link these guidelines with existing standards, specifically on juvenile Persons involved justice, through a collection of good practices as a basis for a Training Toolkit and Manual, in order to ensure a consistent Project Management application of these standards across the European region. Sabine Mandl

The implementation was focused on two core activities: a train- Researchers the-trainer-program, based on the Toolkit developed by the Sabine Mandl project lead, the International Juvenile Justice Observatory Moritz Birk (IJJO), Brussels; and interdisciplinary national workshops on

child-friendly justice for relevant stakeholders, such as Countries lawyers, social workers and prison staff. Special attention was 13 EU Member States: paid to individualised concepts of support for juveniles and on Austria, Belgium, Cyprus, alternatives to detention. IJJO developed a toolkit and manual Czech Republic, Finland, France, Greece, translated into national languages and used in the workshops Ireland, Italy, Latvia, as well as distributed to all participants. Portugal, Spain, United Kingdom In Austria, the national workshop took place in June 2016 at Lead organisation the Federal Ministry of Justice in Vienna. All together 50 International Juvenile Justice Observatory, experts from the police, juvenile justice system, probation IJJO, BE service, civil society and academia attended. The results can be found on this website: Partner organisations → bim.lbg.ac.at/en/story/workshop-juvenile-justice-austria Centre for Public Policy PROVIDUS, LV → www.oijj.org/en/improvingjjs-introduction Ludwig Boltzmann Institute of Human Rights, AT Hope for Children – UNCR Policy Centre, CY Rubikon Centrum, CZ Association Diagrama, FR Greek Ministry of Justice, GR Istituto Don Calabria, IT Portuguese Ministry of Justice, PT Fundación Diagrama, ES Include Youth, UK Finish Forum for Mediation, FI The University of Cork, IE Leiden University, NL

Funded by European Comission Directorate General Justice, Fundamental Rights and Citizenship Programme Austrian Federal Ministry of Justice

Starting/end date March 2015 to February 2017

92

Inside Police Custody: Legal and Practical Application of the EU Procedural Rights Package

The project aims to contribute to the successful implementation of Contact EU legislation on the procedural rights of suspects in criminal Gerrrt Zach matters. [email protected]

The core of the project is to do observational research with police Persons involved and lawyers on the practical application of the procedural rights of suspects during police detention, with an aim to develop Gerrit Zach recommendations for legislative and policy changes to ensure Moritz Birk better enforcement of the EU procedural rights’ Directives. Countries The Ludwig Boltzmann Institute of Human Rights is tasked to Austria, Bulgaria, Hungary, Italy, conduct the research for Austria. Lithuania, Poland, Romania, Slovenia, Spain Research questions tackled during the project are as follows: Lead organisation  The extent to which European standards and domestic Irish Council for Civil Liberties, IE regulations on procedural rights of suspects in police detention are implemented in practice; Partner organisation  The practical obstacles and challenges to the effective Ludwig Boltzmann Institute implementation of these rights; of Human Rights, AT  The wider professional context of defence lawyers, police and

other criminal justice actors in facilitating effective provision of suspects’ procedural rights; and Funded by  Any differences in the provision of these rights in cross-border European Commission, cases. Directorate General Justice

In each jurisdiction, researchers will seek access to police stations, Starting/end date and will accompany defence lawyers who provide legal assistance October 2016 to October 2018 to criminal suspects at the stage of police detention. In addition, on-site interviews with the practitioners involved will be conducted. For this purpose, close cooperation with the Austrian Ministry of Interior and Ministry of Justice is sought.

Nine country reports will be produced, as well as a comparative report for all nine jurisdictions. Results will also be discussed in each jurisdiction with the relevant decision makers and stakeholders.

93

Judging the Charter

Contact The project Judging the Charter, having started in September Katrin Wladasch 2016, aims at increasing competencies of judges and other legal [email protected] professionals in relation to the Charter of Fundamental Rights of the European Union, in particular at sharing knowledge, how Persons involved judiciary and academia are interpreting crucial questions relating Project Leader to the applicability of the Charter and the rights and principles Katrin Wladasch enshrined by the Charter. The project components in an overview:

Researchers Margit Ammer  Judicial training and development of training materials: The Nóra Katona project seeks to provide an overview of what is already there in terms of training materials on the Charter. The project website Research Assistance is envisaged to function as a portal providing access to all Elena Dietenberger materials directly or via a link. E-learning tools will aim at acquainting with the topic in an interactive way and at enabling Countries users to “test” the potentials the Charter might provide. Trainings for judges and legal professionals on questions of Austria, Croatia, Greece, Italy, general interest as well as on concrete legal fields such Poland, Romania aslabour law, familiy law or social rights will be organised in all

partnering countries. Lead organisation  The Charter and the right to asylum: Based on existing research Ludwig Boltzmann Institute the significance of the Charter for the European as well as for of Human Rights, AT national asylum law systems shall be analysed. Research findings will feed into training materials on the Charter and its Partner organisations applicability in judiciary practise in the field of asylum law. In the Instituto di Studi Giuridici course of elaborating materials two pilot trainings will be Internazionali, IT conducted in each partnering country. Institute for Law and Society, PL  Sharing experience and dissemination: Two working Office of the Ombudswoman, HR conferences for judges and legal professionals in Vienna and Center for European Constitutional in Athens aim at providing a platform for sharing experiences in Law, GR applying Charter rights. Project findings will also be Federal Ministry of Justice, AT disseminated to a wider public via panel discussions and at an international conference in Rome. Funded by European Commission, The project is implemented in cooperation with the Judical Directorate General Justice Acadmies of Croatia, Italy, Romania and Slovenia. Austrian Federal Ministry of Justice

Starting/end date September 2016 to August 2018

94

Legal Protection against Discrimination in South East Europe

The countries in South East Europe (SEE) have very comprehensive laws Contact on anti-discrimination, most of which meet the international, CoE and EU Barbara Liegl standards. However, just like in most of the EU member states awareness [email protected] for these laws is rather low and the institutional and structural framework conditions are not conducive to effective implementation of the legal Persons involved provisions. The aim of the project is to improve the capacities of relevant Project Leader and Expert stakeholders such as equality bodies, ombud institutions, state authorities, Barbara Liegl courts as well as legal practitioners to act against discrimination in SEE. The project supports improving the quality of education on anti- Countries discrimination anchored in legal training, establishing a regional dialogue Albania, between relevant stakeholders and facilitating national and regional Bosnia and Herzegovina, exchange of experiences and transfer of successful solutions/models on Croatia, Kosovo, Macedonia, anti-discrimination. The project is implemented by way of three work Montenegro, Serbia packages (WP): The implementation of a regional study on “Legal protection against discrimination” (WP 1), facilitation of developing regional Lead organisation approaches to combat discrimination (WP 2) and establishment of common regional standards for anti-discrimination curricula at law faculties (WP 3). Open Regional Fund for South East Europe – Legal Reform The BIM focused on the research conducted within WP 1, which identifies (GIZ), DE good practices as well as challenges and systemic obstacles for effective legal protection against discrimination in the SEE countries. The study looks Partner organisations into the implementation of anti-discrimination provisions by equality bodies, Ludwig Boltzmann Institute ombud institutions and the judiciary covering aspects like access to justice, of Human Rights, AT social awareness of legal protection and other practical aspects. South East European Law Furthermore, the study maps out whether law departments at universities, School Network (SEELS), MK which are members of the South East European Law School Network Judicial Training (SEELS), offer courses on anti-discrimination law or integrate anti- Institutions of SEE discrimination aspects in their educational programmes. The BIM Equality bodies and developed the structure for the country reports, the guidelines for ombud institutions of SEE implementing the desk research as well as the interviews. Based on the country reports, the BIM developed a synthesis report including Funded by recommendations on how the capacities of relevant stakeholders such as Deutsche Gesellschaft für equality bodies, ombud institutions, state authorities, courts as well as legal Internationale Zusammen- practitioners can be strengthened in order to be able to more effectively and arbeit (GIZ) efficiently implement legal provisions on anti-discrimination and support victims of discrimination in gaining access to justice more easily. The results Starting/end date of the country and the synthesis report were presented at a multi- October 2015 to August 2016 stakeholder conference held in Budvar, Montenegro, in June 2016. The conference set a framework for the first exchange of experiences among relevant stakeholders promoting anti-discrimination in SEE. The European Commission against Racism and Intolerance of the Council of Europe has already shown interest in the country studies and synthesis report as valuable input to their work on individual countries.

Publication Liegl: Legal Protection against Discrimination in South East Europe – Synthesis Report, in: Center for South Eastern Law Schools (SEELS) (ed.): Legal Protection against Discrimination in South East Europe – Regional Study, Skopje, 2016: http://www.seelawschool.org/pdf/Book-Legal-Protection-Against-Discrimination- SEE.pdf

95

MIND THE GAP – Measuring (In)equality in Croatia

Contact The project aims at enhancing the system of protection from Monika Mayrhofer discrimination in Croatia through training of relevant stakeholders, [email protected] awareness raising activities and research. Furthermore, it aims at establishing and maintaining system of (in)equality data collection Persons involved in Croatia, but also exchange of good practices in the field of data collection among CSOs, institutions and academia in Europe. Monika Mayrhofer

Objective 1 is to raise quality of implementation of Country antidiscrimination legislation through raised level of knowledge of Croatia most important stakeholders – judges, state attorneys and human rights lawyers, in this field. Lead organisation Centre for Peace Studies, HR Objective 2 is to raise the quality of antidiscrimination policies through systematic data collection and enhancement of Civil Partner organisations Society Organisations’ research and monitoring of implementation of antidiscrimination policies. Ludwig Boltzmann Institute of Human Rights, AT Objective 3 is to decrease the level of discriminatory behaviour by Office for Human Rights and the raising level of awareness of general public about consequences Rights of National Minorities, HR and prohibition of discrimination and to increase awareness and Ombudsman of the Republic of knowledge of vulnerable groups of their legal possibilities of Croatia, Judicial Academy, HR protection against discrimination. Serbian National Council, HR

The project includes the following work streams: Funded by

European Commission,  Education of lawyers, judges and state attorneys on hate Directorate General Justice speech, hate crime and antidiscrimination legislation  Research on the causes of discrimination and system of Starting/end date protection from discrimination January 2016 to December 2017  Awareness raising campaign on discrimination  Exchange of good practices in equality data collection  Development of an equality data collection system

In November 2016 a two-day conference on “Good practices of collecting (in) equality data” with national and international stakeholders was organised in Zagreb.

96

Non-judicial Complaints: Striking a Balance between Business and Human Rights Interests

The international human rights system is traditionally State-based. Contact It provides legal remedies for conflict resolution, however, these Barbara Linder are usually lengthy, complex and often unsatisfactory. In [email protected] consequence, there exists a gap in legal protection or redress for Persons involved victims of corporate human rights violations. Extrajudicial Lead Researcher complaint mechanisms can provide an alternative to legal action. Karin Lukas In this project, nine non-judicial complaint mechanisms are analysed, including those of the World Bank, a well-known Researchers manufacturer of sports equipment and the Fair Labor Association. Barbara Linder Claudia Sprenger

The research project strongly relates to the effectiveness criteria Country of the UN Guiding Principles on Business and Human Rights and Austria previous research work of the BIM (study on the “Right to Remedy”, 2013). Lead organisation Ludwig Boltzmann Institute In 2016, the main focus of the work was on the finalisation of the of Human Rights, AT publication at Edward Elgar Publishing and on the conclusion of Funded by the research project. Austrian Science Fund (FWF)

Our research shows a growing body of non-judicial mechanisms Starting/end date with mixed results in terms of effectiveness, and critical attention January 2013 to April 2016 to be paid to the linkages between judicial and non-judicial remedies in the future.

The project is part of a growing international research landscape on extrajudicial grievance mechanisms and will offer critical insight on effective protection for victims of corporate abuse.

Publication Lukas, Linder, Kutrzeba, Sprenger: Corporate Accountability. The Role and Impact of Non-Judicial Grievance Mechanisms, 2016

97

Nosso Jogo: Initiative für globales Fair Play

Contact 2016 the Olympic (5 – 21 August) and Paralympic Games (7 – 18 Barbara Linder September) took place in Rio de Janeiro. Austria was represented [email protected] in Rio by more than 30 sports federations and around 100 active athletes. Additionally, Austrian companies were directly or Claudia Sprenger indirectly benefitting from Olympia. [email protected]

Nosso Jogo used the public attention on this global sports event Persons involved for manifold educational work and information activities. Besides Researchers the respect for human rights at large sports events, the initiative Barbara Linder aimed at presenting a differentiated picture of Brazil – without Claudia Sprenger falling back into stereotypes. “Nosso Jogo” is Portuguese and means “our game” and refers to the positive values of sports like Research Assistance fairness, inclusion, diversity, equality and internationality. Judith Tutzer The networking initiative Nosso Jogo pursues three objectives: Countries Austria, Brazil  Drawing attention towards projects and activities relating to Rio 2016 and usage of the inclusive potentials and popularity of sports Lead organisations (AT)  Making the public aware of a non stereotype, dynamic Vienna Institute for International perception of Brazil as well as knowledge and expertise transfer Dialogue and Cooperation, VIDC towards development issues Frauen*solidarität  International networking and lobbying for binding human rights Dreikönigsaktion standards at large sports events and set up of strategic Lateinamerika Institut partnerships Südwind BIM drafted the study “Olympia-Hoffnungen für österreichische Partner organisations Unternehmen in Rio 2016? Herausforderungen, Potentiale und unternehmerische Verantwortung für Menschenrechte”. Ludwig Boltzmann Institute of Human Rights, AT Globalista, AT The authors Barbara Linder, Claudia Sprenger und Judith Tutzer analysed and discussed challenges, potentials and corporate

responsibility for human rights in the context of the major sports Funded by events, specifically looking into the situation in Rio the Janeiro. Austrian Development Agency → nossojogo.at Starting/end date February 2016 to January 2017 Publication Linder/Sprenger/Tutzer: Olympia-Hoffnungen für österreichische Unter- nehmen in Rio 2016?. 2016

98

polis – Austrian Centre for Citizenship Education in Schools

polis – the Austrian Centre for Citizenship Education in Schools Contact supports teachers in putting citizenship education into practice. Patricia Hladschik Apart from knowledge transfer activities polis also engages in [email protected] awareness raising and sensitisation for all issues concerning politics, democracy and human rights. Persons involved polis works under contract to the Austrian Federal Ministry of Director Education/Department I/6 (Citizenship Education). Patricia Hladschik (until March 2016 and from March 2017) The main tasks of polis are, among others: Sabine Liebentritt (March 2016 to February 2017)  Production of a periodical for teachers “polis aktuell”  purchase, publishing and distribution of teaching materials on Staff Members citizenship education Ingrid Ausserer  in-service teacher trainings Maria Haupt  workshops for school classes Dorothea Steurer  organisation of events, e.g. Austrian Citizenship Days Elisabeth Turek  coordination of the Competition for Civic Education (organised by the German Federal Agency for Civic Education) in Austria Country  consultation and support of teachers Austria  editorial supervision for the Encyclopedia on Politics for Young People Lead organisation  national and international cooperation in networks such as Ludwig Boltzmann Institute of Human DARE, EDC, NECE or with the United Nations Rights – Research Association, AT  further projects: Vienna's First Protest Path, ENGAGE – building together European learning material on education for Funded by citizenship Austrian Federal Ministry of Education

→ www.politik-lernen.at Starting/end date Established in February 2006 Publications Emerged from the Service Centre Monthly for teachers “polis aktuell” for Human Rights Education (since 1997 at the BIM) and the Service Centre for Civic Education (since 2002 at the BIM).

99 polis – Bookmarks: Combating Hate Speech Online through Human Rights Education

Contact Since 2014 polis has been supporting the Council of Europe’s No- Patricia Hladschik Hate-Speech-Movement by organising cooperation events with [email protected] the European Wergeland Center and the Austrian Parliamentary Administration within the framework of the Austrian Citizenship Persons involved Days.

Project Leaders Hate speech is a current topic and the Council of Europe’s manual Sabine Liebentritt “Bookmarks” is an appropriate tool to address this topic on the Patricia Hladschik interface of preventing violence, digital skills and human rights

issues in school as well as in extra-curriculareducation. In 2016, Project Implementation polis coordinated the translation of the manual into German. Ingrid Ausserer

In 2016 polis and the Austrian Parliamentary Administration Country (Demokratiewerkstatt) organised a panel discussion and Austria workshopsessions to introduce the manual to young people, teachers, youth workers and multipliers. Lead organisation Ludwig Boltzmann Institute of Human Moreover, polis is a member of the national No Hate Speech Rights – Research Association, AT Committee, which was founded in 2016. It aims at linking representatives from ministries, institutions in the federal states as Funded by well as NGOs and at raising awareness for the topic within their respective target groups. First edition (2016):

Austrian Parliament → www.nohatespeechmovement.org Federal Ministry of Education

Federal Ministry of Families and Youth Saferinternet.at with funds from the Publication European Union Council of Europe (ed.): Bookmarks – Bekämpfung von Hate Speech im Second revised edition (2017): Internet durch Menschenrechtsbildung. Translation: Brita Pohl. Edition Federal Ministry of Education polis, 2nd revised edition, 2017.

Starting/end date August 2015 to February 2017

100

polis – Educational Measures on Violence against Women

As a contribution to the National Action Plan on Violence against Contact Women, polis continued and intensified its educational measures Patricia Hladschik on the topic of “Violence against Women” in 2016. The set of [email protected] materials, which contains publications on gender-based violence Maria Haupt and girls’ and women’s rights, was complemented with four more [email protected] publications. The manuals focused on the topics Female Genital Mutilation and Forced Marriage and provided recommendations Persons involved for non-discriminatory school books as well as gender-sensitive Project Leaders children’s and youth books. The publications provided within the Patricia Hladschik set of materials describe the causes of violence, suggest possible Maria Haupt solutions and provide exercises and methodological inputs. Teachers and multipliers can download the set of materials for Project Staff free. Ingrid Ausserer Maria Haupt Additionally, all new teaching ideas and didactic examples from Sabine Mandl the set of materials were incorporated into the online database of Dorothea Steurer the website, which provides teaching suggestions, lesson plans and practical ideas for projects in the classroom. Country

Austria The Austrian Citizenship Days 2016 allowed for numerous possibilities to highlight the measures and contributions to the Lead organisation National Action Plan on Violence against Women and to support teachers in addressing these issues in class: In May 2016, a new Ludwig Boltzmann Institute of Human online-module for teachers and multipliers on the topic of Forced Rights – Research Association, AT Marriage was published as topic of the month on the Citizenship Education Portal. On 5 May 2016 three new keywords for the Funded by Encyclopedia on Politics for Young People were launched in the Austrian Federal Ministry framework of the Austrian Citizenship Days: Prevention of of Education, Violence, Human Trafficking/Trafficking of Women and Department School Psychology Extremism/Radicalism. Starting/end date → www.politik-lernen.at/praxisboerse September 2015 to December 2016

101 polis – ENGAGE: Building together European Learning Material on Education for Citizenship

Contact The project aimed at developing teaching material on the topic of Maria Haupt citizenship education for the target group of eight to twelve-year- [email protected] old students. Elisabeth Turek [email protected] All partner organisations of ENGAGE evaluated the status quo of citizenship education and assessed the needs of pupils and Persons involved teachers on the national level (analysis with both theoretical and empirical part). Subsequently, on this basis the material was Project Leaders developed and tested in the countries of the partner organisations. Maria Haupt Results of this testing period and of the exchange of good Elisabeth Turek practices between participating European partners were

integrated and served as a guideline for finalizing and publishing Countries the teaching material. Austria, France, Germany, Poland, Spain, UK Regular partner meetings facilitated the coordinated development of material and contributed to applying it in different European Lead organisation countries. National expert groups – teachers, school heads, Association Civisme et scientists, representatives of pedagogical colleges and ministries Démocratie, FR (e.g. Austrian Federal Ministry of Education/Department Citizenship Education) – accompanied the whole process of the Partner organisations project and provided valuable input based on different fields of experience. Arbeitskreis Deutscher

Bildungsstätten, DE The eleven teaching modules developed within the framework of Center for Citizenship Education, PL the project focus on the topics: Democracy | Diversity and Cives, ES Discrimination | History and Memory | Exploring Emotions and Community Service Volunteers, UK Identity | Children’s Rights | Conflict Resolution | Media Education La Ligue de l’Enseignement de | Human Rights | Sustainable Development | Participation | Bourgogne, FR Solidarity Democracy and Human Rights

Education in Europe (DARE-Network) → www.politik-lernen.at/engage Ludwig Boltzmann Institute of Human

Rights – Research Association, AT

Publication Starting/end date Haupt/Turek: Citizenship education with children aged 8–12 in Austria. September 2014 to January 2017 Conceptual research findings & empirical investigation within the framework of the European project “Engage – building together European learning material on education for citizenship”. In: DARE Blue Lines. DARE network (ed.), 2016.

102

polis – “EUrope in School” network

In 2016, the Federal Ministry of Education, the Representation of Contact the European Commission in Austria and the European Ingrid Ausserer Parliament’s Information Office implemented a network for [email protected] European citizenship education in school. In reference to the general ordinance on Citizenship Education as a Cross-curricular Persons involved Educational Principle, the network supports European political education as an integral part of citizenship education. Project Leaders Patricia Hladschik The kick-off of the new network EUrope in School took place in Sabine Liebentritt November 2016 at the premises of the Austrian Federal Ministry of Education and was organised by polis – the Austrian Centre for Projekt Implementation Citizenship Education in Schools. 120 participants from all over Ingrid Ausserer Austria followed the invitation. Maria Haupt Dorothea Steurer In order to support school heads and teachers to strengthen Elisabeth Turek European political education at their school sites, polis developed a manual, which provides teaching ideas and recommendations Country on how to address Europe and the European Union as a topics in Austria class. Lead organisation The first edition of the guide was published on 9 May 2016 – the Ludwig Boltzmann Institute of Human Europe Day. On the occasion of the kick-off event of the network, Rights – Research Association, AT the publication was issued as an updated version in November 2016. Partner organisations

Federal Ministry of Education, AT Representation of the European Publication Commission in Austria Haupt (ed.): EUROPA in der Schule. Aktionsideen, Projekte und European Parliament's Information Angebote für SchulleiterInnen und Lehrkräfte. polis, 2nd revised edition Office in Austria 2016.

Funded by Representation of the European Commission in Austria

Starting/end date since 2014 ongoing

103 polis – First Vienna Protest Path

Contact The First Vienna Protest Path is a project organised by polis, the Patricia Hladschik Austrian Centre for Citizenship Education in Schools in [email protected] cooperation with the writer Martin Auer for young people and politically interested individuals to experience Vienna from a Persons involved different perspective. The project highlights past struggles for many rights we enjoy today. It shows how people organised and Project Leader achieved political demands – and in which way these struggles Patricia Hladschik and achievements left their mark on the cityscape of Vienna today.

Project Implementation Signboards at buildings and locations Martin Auer (author) throughout the city of Vienna Ingrid Ausserer commemorate the spots of social Maria Haupt movements that are part of the Protest

Path. Mobile tags on the signboards allow Country for school classes as well as passers-by to Austria connect directly to the internet using their smart phone. Hence, the social movement Funded by that formed the scene becomes vivid in texts, sounds and images. respekt.net The users can read about the history of the movement, listen to City of Vienna and various districts original recordings or watch photos and videos. All contents of the of Vienna now sixteen stations are provided on www.protestwanderweg.at Austrian Federal Ministry of Education as well. Thus, teachers or educators visiting the Protest Path with Federal Ministry for Women and their students can prepare the excursion in advance. the Civil Service National Fund of the Republic of Austria In 2016, the Protest Path was nominated as a “Place of Respect” for Victims of National Socialism for the national award, initiated by the platform respekt.net. GPA-djp WUK → www.protestwanderweg.at

Starting/end date Since January 2012 ongoing Publication Ausserer/Hladschik: First Vienna Protest Path. Manual for teachers and multipliers. Vienna: polis, updated version 2015

104

polis – Workshops for School Classes: Respect, living together and equality of women and men

In 2016, the Austrian Federal Ministry of Education provided Contact schools throughout Austria with free workshops that were Ingrid Ausserer coordinated by polis, the Austrian Centre for Citizenship Education [email protected] in Schools. The workshops put an emphasis on issues such as strengthening the class community, addressing prejudices and Persons involved stereotypes, reflecting sensitive language and gender roles as well as respectful interaction with others in general. Project Leader Ingrid Ausserer The trainers used a variety of different approaches: Presentations and subsequent discussions, role play, educational theatre Country elements, group work, games, use of media etc. Each workshop Austria was concluded with a round of reflection. Lead organisation Under the umbrella of polis, 46 organisations offered 117 different Ludwig Boltzmann Institute of Human workshop topics. In sum, 552 workshops were carried out in 2016. Rights – Research Association, AT

The feedback from students and teachers was encouraging and Partner organisation the trainers confirmed that teachers specifically wish for external 46 Austrian institutions carrying out support regarding topics such as the prevention of violence and the workshops in schools social learning.

Funded by Austrian Federal Ministry of Education

Starting/end date January 2016 until December 2016

105

Promotion of Rule of Law in the Kyrgyz Republic

Contact The activities of this large-scale project aim at reforming the Claudia Hüttner Kyrgyz justice sector and at supporting the enhancement of [email protected] transparency, and accountability. Gerrit Zach [email protected] The Austrian Ministry for Foreign Affairs supports BIM’s participation in the project as Austrian partner in a consortium led Persons involved by the German Gesellschaft für Internationale Zusammenarbeit.

Project Management The Danish Institute for Human Rights together with the BIM is Claudia Hüttner responsible for the implementation of activities relevant to human Gerrit Zach rights in component 1, which is geared to strengthening capacities Karl Schönswetter and increasing the efficiency of control and supervisory functions

of relevant State institutions. Mid Term Expert

Dmitry Nurumov Component 1 consists of an analysis of the institutional

prerequisites and legal foundations of the supervisory functions of Short Term Expert the above mentioned institutions. Coordinating partner on the Moritz Birk Kyrgyz side is the Ministry of Justice. Parliamentary committees, the Ombudsman Institution and the General Prosecutor’s Office Country are cooperation partners. Civil society organisations have been Kyrgyz Republic integrated in the planning and implementation.

Lead organisation A multitude of activities took place during 2016, for instance: GIZ – Gesellschaft für Internationale The BIM supported the General Prosecutor’s Office in developing Zusammenarbeit, DE a new communication strategy in order to enhance cooperation with journalists and civil society; co-organised an international high level conference in Bishkek on Partner organisations the implementation of the Istanbul protocol on torture investigation Ludwig Boltzmann Institute and documentation; of Human Rights, AT organised study visits to Riga on criminal justice reform for Kyrgyz Danish Institute for Human Rights, DK prosecutors and to Vienna for the Kyrgyz Ombudsman and the Justice Coopération Internationale, FR parliament to exchange with their sister institutions; Stiftung für Internationale Rechtliche Recommendations on strengthening the process of complaints Zusammenarbeit, DE handling at the Ombudsman institute were drafted and a civil International Development Law society forum on women’s participation in the electoral process Organization, IT were organised in cooperation with a Kyrgyz CSO platform.

Funded by BIM’s work is based on a partnership approach which considers European Commission, the Kyrgyz partner organisations as experts for the further Directorate General Development development of their institutions and thus all steps are closely and Cooperation – EuropeAid planned, coordinated and implemented together with them.

Starting/end date August 2014 to November 2017

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StartClim2016: Migration, Climate Change and Social and Economic Inequalities

The impact of climate change on migration is a multi-faceted and Contact complex phenomenon. Climate change not only directly triggers Monika Mayrhofer migration, for example as a result of rising sea levels, but also [email protected] exerts indirect effects which are channelled through and interlinked with social, economic, political and other aspects, for example the Persons involved shortage of economic resources. Project Leader Based on desktop research and a review and analysis of academic Monika Mayrhofer literature the project aims at comprehensively reviewing the state of research on migration scenarios in the context of climate change Expert with a specific focus on those which are relevant for Europe and Margit Ammer Austria. It further aims at analysing on how these scenarios take into consideration social, economic and political aspects and Country inequalities between different social groups and how these Austria aspects could be better integrated in the scenarios. Lead organisation In a second step and by means of the analysis of secondary Universität für Bodenkultur, statistical data it should be ascertained whether there is Department für Wasser-Atmosphäre- meaningful statistical data available to quantify migration Umwelt, Institut für Meteorologie, AT scenarios. Partner organisation In 2016 the project started with a key note speech on “The Ludwig Boltzmann Institute challenges concerning climate related migration from a human of Human Rights, AT rights perspective” at the Upper Austrian Environment Congress on “Climate Change and Migration – the New Refugees?” in Linz. The kick-off workshop of the project took place in October. Funded by Umweltbundesamt

Starting/end date July 2016 to July 2017

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Straniak Academy for Democracy and Human Rights

Contact The Straniak Academy was established in 2013 by the Ludwig Nina Radovic Boltzmann Institute of Human Rights – Research Association in [email protected] cooperation with the Faculties of Law and Sociology of the University of Vienna and the Faculties of Law and Political Science Persons involved of the University of Montenegro. The Academy bears the name of its main sponsor, the Hermann and Marianne Straniak Foundation. Director The two-week programme provides a link between the academic Hannes Tretter and practical knowledge in the fields of human rights, democracy

and the rule of law which is also promoted through an Deputy Director interdisciplinary and interactive format. In addition to the basic Ivana Jelic training, the Academy deals with specific topics which are

especially relevant for the region. Coordinator

Nina Radovic The programme of the Academy offers a broad spectrum of topics,

reaching from the meaning and conception of democracy, the rule Countries of law and human rights, the principle of human dignity and the Austria, Montenegro culture of human rights, the most important international and European instruments, organisations and mechanisms for Lead organisation providing and facilitating human rights, up to the current Ludwig Boltzmann Institute of Human challenges and threats to these fundamental values of democratic Rights – Research Association, AT societies.

Partner organisations Additionally, the programme also addresses important specific topics such as the prohibition of torture and inhuman treatment and Law Faculty and Faculty of Social punishment, efficiency, independence and impartiality of the Sciences, University of Vienna, AT judiciary, guarantees for a fair trial, transparency of the Law Faculty and Faculty of Political administration and the fight against corruption, freedom of Sciences, University of Montenegro, expression and freedom of the media, minority rights, women’s ME rights and rights of the child, equality and protection against

discrimination, social and economic rights and poverty reduction, Funded by etc. Straniak Foundation Central European Initiative – CEI The target group of the Straniak Academy are students with Association for Social Justice different academic backgrounds who are about to graduate, as Association of Friends of the well as graduates standing at the beginning of their careers. The Law Faculty in Vienna Academy is limited to 35 students, thus ensuring the interactive Hotel Palata Venezia Ulcinj format. The lecturers of the Academy are professors and experts Humboldt association in Montenegro from the University of Vienna, the Ludwig Boltzmann Institute of Law firms and lawyers: Human Rights, partner universities and selected national and Noll, Keider; Grilc, Vouk, Škof; international institutions and organisations. Haslinger, Nagele & Partner; The lectures are held in form of tandem teaching, meaning that a Rohregger Scheibner Bachmann; lecturer from Austria and a lecturer from the Western Balkan Participation fees of the students region prepare and hold the lessons together.

Starting/end date ongoing since September 2013

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Strengthening the fundamental-rights based implementation of EU law in criminal matters through cooperation between judiciary and NPMs

The main objectives of the project is to strengthen awareness and Contact engagement between the judiciary and national mechanisms for Jean Tomkin the prevention of torture and ill-treatment in the EU as well, in the [email protected] context of implementing the Framework Decisions on detention, Gerrit Zach namely, the European Arrest Warrant (EAW), European [email protected] Supervision Order (ESO) The Framework Decision on Probation and Alternative Sanctions, and on the Transfer of Prisoners. Persons involved Researchers The project is divided into three phases. Phase one was a Jean Tomkin comprehensive desk study on the implementation of the EAW and Gerrit Zach Framework Decisions on detention, potential fundamental rights Moritz Birk concerns as well as the cooperation between the judiciary and Nóra Katona National Preventive Mechanisms (NPMs) in extradition procedures. Countries Austria, Belgium, Bulgaria, Phase two involved judges from EU Member States and EU Croatia, Cyprus, Czech Republic NPMs. The workshops provide a platform for representatives of Estonia, Finland, France, Germany, NPMs and the judiciary to gain awareness of each other’s roles, Greece, Hungary, Ireland, Italy, and to think of ways to develop modalities for a dialogue in the Latvia, Lithuania, Luxembourg, application of the EAW and other Framework Decisions related to Malta, The Netherlands, Portugal, detention. Poland, Romania, Slovakia, Slovenia, Spain, Sweden

The final phase included a conference in Vienna with NPMs, judges as well as relevant stakeholders, with the purpose of Lead organisation identifying concrete ways to strengthen cooperation. The project Ludwig Boltzmann Institute concluded with the publication of the study on judicial cooperation of Human Rights, AT and the role of NPMs to strengthen the consistent and correct implementation of EU law in criminal matters. The study includes Partner organisation good practice examples and recommendations identified during Academy of European Law, DE research the consultations on how to improve cooperation between judges and NPMs for a more consistent implementation Funded by of EU law in line with fundamental rights standards, targeting European Commission, judiciary, NPMs and EU institutions. Directorate General Justice

Starting/end date October 2015 to 15 March 2017 Publication

Tomkin/Zach/Crittin/Birk: The Future of Mutual Trust and the Prevention of Ill-Treatment, 2017

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This Human World: Human Rights Film Festival

Contact Top Kino and the Ludwig Boltzmann Institute of Human Rights, Anna Müller-Funk together with the Czech Centre in Vienna and the One World film [email protected] festival in Prague, founded the ‘this human world’ film festival to th Sandra Benecchi mark the 60 anniversary of the Universal Declaration of Human [email protected] Rights.

Persons involved And so it follows that the festival is dedicated to human rights, as well as to raising awareness of human rights violations. The list of Anna Müller-Funk films dealing with issues of freedom and dignity, justice and Sandra Benecchi democracy as well as other global problems, is long. Despite this,

with such a commercialised film industry, which focuses almost Country solely on pure entertainment, these films are rarely given space. Austria But, every year, in the first two weeks of December, they do have a platform. Human rights themes are dealt with first Lead organisation cinematographically and then explored in more detail in expert This Human World Film Festival/ panel discussions which follow each film. Top Kino Overall, more than 80 films will be shown during each festival Partner organisations which is attended by around 5,000 guests each year.

Ludwig Boltzmann Institute ‘this human world’ has already established itself as a firm fixture in of Human Rights, AT the Austrian cinema landscape: in the coming years it will develop Research Centre Human Rights, AT further, building on the success of the many human rights film

festivals flourishing across Europe. Funded by

Research Centre Human Rights (University of Vienna) European Parliament.

Starting/end date Ongoing since December 2008

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Trafficking in Human Beings in Europe: A Commentary to the Council of Europe Convention on Action against Trafficking in Human Beings

The Council of Europe Convention on Action against Trafficking in Contact Human Beings (CoE Convention against THB) is the first legal Julia Planitzer instrument concerning trafficking in human beings (THB) that [email protected] frames THB as a human rights violation. Although the CoE Convention against THB has been in force since 2008 and ratified Persons involved by almost all Member States of the Council of Europe (46 out of Lead Researcher 47 Member States), a comprehensive commentary to the Julia Planitzer Convention does not yet exist. Bearing in mind the significant importance of the Convention, this forms a remarkable gap which Researchers needs to be filled. Barbara Linder Helmut Sax Research at the Ludwig Boltzmann Institute of Human Rights (BIM) concerning THB traditionally approaches the issue of THB Countries from a human rights perspective and numerous projects have Member States of the been conducted in this area since 1999. Consequently, the Council of Europe institute forms an excellent environment for elaborating the commentary. The BIM researchers involved in this project, have Lead organisation significant experience in conducting research on different matters Ludwig Boltzmann Institute of THB linked to human rights, including children’s rights, of Human Rights, AT compensation of trafficked persons or access to justice. Further high-level academics with expertise concerning certain matters of Funded by THB will also contribute to the commentary. Austrian Science Fund (FWF)

Although the CoE Convention against THB clearly frames THB as Starting/end date a matter of human rights and formulates obligations of State November 2016 to October 2019 Parties, the actual extent of the human rights obligation of States concerning THB is still controversial. The commentary aims to establish the first up-to-date and comprehensive analysis of the Convention. It should form a guide to the Convention, provide an in-depth analysis of its provisions and thereby contribute to a better understanding of THB and human rights obligations of States Parties.

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Training Curriculum on Fundamental Rights for Judgeship Trainees

Contact Since 2008, fundamental rights are part of the final Julia Planitzer examination of Austrian judgeship trainees and are thus [email protected] included in their mandatory training curriculum. Questions of human rights protection in the daily business of Persons involved prospective judges and public prosecutors are being addressed in the context of three-day seminars on a very Legal Researchers, Lecturers practical level. Julia Planitzer

Christof Tschohl (Research Institute) The course has a strong focus on the rights and freedoms

guaranteed by the European Convention on Human Rights Project Leader and the Charter of Fundamental Rights of the EU, e.g. the right Hannes Tretter to liberty and security, the right to a fair trial, the right to respect

for private and family life, freedom of expression and the Country prohibition of discrimination. Austria The so-called “Fundamental Rights Curriculum” was Lead organisation developed in a joint effort by the Association of Austrian Ludwig Boltzmann Institute Judges (Fundamental Rights Section), the Federal Ministry of of Human Rights, AT Justice, the BIM and two other Austrian human rights institutes, ETC Graz and ÖIM Salzburg. Partner organisations Up to four fundamental rights trainings take place in the Higher Association of Austrian Judges Regional Courts’ districts (Graz, Innsbruck, Salzburg and (Fundamental Rights Department) Vienna) each year. These seminars are based on teaching in Federal Ministry of Justice tandem, which means that human rights experts from the Austrian Human Rights Institute (ÖIM) three institutes train the participants together with senior of the University of Salzburg judges. European Training Centre for

Democracy and Human Rights (ETC) Due to the close cooperation of all actors involved in the Higher Regional Courts of Vienna, project, the fundamental rights training module has Graz, Linz and Innsbruck continuously been modified and optimised based upon both

the lecturers’ experiences and the participants’ feedback. Funded by In 2016, the Ludwig Boltzmann Institutes of Human Rights Federal Ministry of Justice (concept, organised two 3-day trainings in Reichenau/Rax. script) Higher Regional Courts of Vienna, Graz, Linz and Innsbruck (seminars) Publication

Apostolovski/Czech/Planitzer/Steinkellner/Tschohl [et al.]: Grund- Starting/end date rechte im gerichtlichen Berufsalltag, Skriptum zum RiAA-Grund- ongoing since April 2007 rechtsmodul. Vienna: Federal Ministry of Justice, 2015 (3rd edition/January 2015).

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Vienna – Human Rights City

Since 2013, the Ludwig Boltzmann Institute of Human Rights is Contact involved in the process of Vienna becoming a Human Rights City. Fiona Steinert After the important milestones of adoption of the declaration [email protected] “Human Rights City Vienna” by the City Council on 19 December 2014 and the nomination of a Human Rights Commissioner, the Persons involved process saw the opening of the Human Rights Office of the City of Vienna in September 2015. Project Leader Fiona Steinert Based on focus areas identified in 2015 the work in 2016 consisted of the elaboration of measures in the fields of children’s rights and Experts local security policies. In the child rights field a focus group of Patricia Hladschik representatives of child related departments of the city Anna Müller-Funk administration was set up which agreed on three Round Table Julia Planitzer topics for 2016: unaccompanied minor refugees, child poverty and Helmut Sax violence against children. In all three areas measures were elaborated to be fed into a human rights action plan. Country Austria In the area of human rights and security policy a specific focus was put on the role of communication measures and their human rights Lead organisation aspects. Ludwig Boltzmann Institute of Human Rights, AT BIM also contributed to a working group on the local implementation of the recommendations of the Group of Experts Funded by on Action against Trafficking in Human Beings to Austria. City of Vienna – Human Rights Office As part of the Fundamental Rights Forum, the Human Rights

Office hosted the event “Culture of Human Rights Now: Perspectives in and for the Human Rights City Vienna” in June Starting/end date 2016 which was conceptually supported by the BIM. ongoing since 2013

Main outcomes of the process so far to which the BIM contributed are:

 The study “Vienna – City of Human Rights” by Manfred Nowak supported by a number of BIM experts, 2012/13  The declaration “Vienna – City of Human Rights”  The conference “Human Rights in the City: A City for All”, 10 December 2014, organised by the BIM with the Research Centre Human Rights  An analysis of the structure and capacities of the Viennese Contact Point Combatting Discrimination  Outline Action Plan Human Rights in Vienna  Measures to improve children’s rights protection  Measures and a policy paper on human rights based local security policy

→ www.menschenrechtsstadt.wien.at

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Vulnerabilities and Antidiscrimination: Overlaps, Contradictions and Complementarities of Two Popular Human Rights Concepts

Contact The project aimed at analysing the definitions, problematic aspects Monika Mayrhofer and potential of the concept of vulnerability, which has gained in [email protected] importance in the field of human rights over the last decades by comparing it with the concept of discrimination and pointing out Persons involved overlaps, contradictions and similarities. The results of the research should on the one hand contribute to the academic Lead Researcher debate and on the other hand be of use for political stakeholders Monika Mayrhofer in order to gain knowledge on the potentials as well as the pitfalls

of the concept of vulnerability. The research, thus, aimed at Country contributing to an adequate political use of the concept. This is Austria specifically important for decisions on measures designed to combat inequalities at local, national but also international level, Funded by as those are dependent on adequate and appropriate concepts Wiener Stadt- und Landesarchiv (MA 8) and definitions in order to be able to effectively address Hochschuljubiläumsstiftung der inequalities. Stadt Wien In 2016, a paper was presented at an academic conference and a Starting/end date journal article was drafted

April to December 2016

Publication Conference paper by Monika Mayrhofer: Dismantling vulnerability. The implicit racism and sexism of the vulnerability discourse.

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