Convention on the Rights of the Child (CRC) by Austria Was Effected by Depositing the Ratification Document on 6 August 1992 (Published in Federal Law Gazette No
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UNITED CRC NATIONS Convention on the Distr. Rights of the Child GENERAL CRC/C/83/Add.8 8 July 2004 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Second periodic report of States parties due in 1999 AUSTRIA∗ ** [11 November 2002] * For the initial report submitted by Austria, see CRC/C/11/Add.14; for its consideration by the Committee on 29 of January 1999, see CRC/C/SR.507 a 509 and CRC/C/15/Add.98. The annexes may be consulted in the files of the secretariat. ** The present document has not been formally edited before being sent to the United Nations translation services and is being circulated as received. GE.04-42873 CRC/C/83/Add.8 page 2 CONTENTS Page 1. INTRODUCTION 3 2. GENERAL INFORMATION 5 3. GENERAL MEASURES FOR THE IMPLEMENTATION OF THE COMMITTEE O THE RIGHT OF THE CHILD 9 4. DEFINITION OF THE CHILD 14 5. GENERAL PRINCIPLES 22 6. FUNDAMENTAL RIGHTS AND FREEDOMS 35 7. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 45 8. HEALTH AND WELFARE 67 9. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 97 10. SPECIAL PROTECTIVE MEASURES: CHILDREN IN DISTRESS 113 11. SPECIAL PROTECTIVE MEASURES: CHILDREN IN CONFLICT WITH THE LAW 122 12. SPECIAL PROTECTIVE MEASURES: CHILDREN IN EXPLOITATIVE RELATIONSHIPS 128 13. INTERNATIONAL HUMANITARIAN COOPERATION AND RELIEF ACTION FOR CHILDREN IN NEED 143 14. ACRONYMS AND ABBREVIATIONS 146 15. INFORMATION ABOUT THE COMPILATION OF THIS REPORT 147 16. ANNEX 148 CRC/C/83/Add.8 page 3 1. INTRODUCTION 1. The ratification of the UN Convention on the Rights of the Child (CRC) by Austria was effected by depositing the ratification document on 6 August 1992 (published in Federal Law Gazette no. 1993/7) and formally entered into force on 5 September, 1992. The initial report of Austria (CRC/C/11/Add.14) was examined by the Committee of the United Nations on the Implementation of the Convention on the Rights of the Child at its 507th to 509th session (see CRC/C/SR. 507-509) on 12 and 13 January, 1999. In its Concluding Observations the Committee responded positively to the Austrian report with respect to the implementation of the Convention on the Rights of the Child, highlighting in particular the following positive aspects: The prohibition of all forms of corporal punishment as from 1989, further efforts to increase protection of children from maltreatment and abuse the functioning system of children's and adolescents' ombudsmen at federal and Länder levels, the functioning system of comprehensive pupils' representation extraterritorial jurisdiction for the sexual exploitation of children. 2. The second State Party Report of Austria under the CRC describes Austrian legislation as it relates to the rights of the child. However, the focus is on measures closely related to the Concluding Observations of the Committee on the Rights of the Child (hereinafter referred to as "Concluding Observations") and to the measures implemented from 1996 to April 2002, as well as, changes in national, regional and local legislation and practice. The activities of the Länder were summarized in 2000/2001. They should be understood as examples, as are the projects and measures of the federal state, and the list is by no means exhaustive. 3. During the period under review, many suggestions raised in the Concluding Observations were implemented in the Parent Child Relation Amendment Act (Kindschaftsrechts- Änderungsgesetz 2001 – KindRÄG 2001 (Federal Law Gazette I. no. 135/2000) in the spirit of the CRC. 4. The act strengthens the legal position of adolescents and young people by lowering the age of majority from 19 to 18, the enhanced consideration of their wishes in the context of custody matters and extended rights to file applications and legal capacity in proceedings of minors over 14. 5. In the relations of parents and children, responsibility for the child is emphasized to a greater extent as the powers summarized under the notion of "custody" are not primarily to be understood as rights but as tasks of the parents, and the "right to visitation" is also laid down as a right of the child; its enforcement has been improved and joint custody after divorce is now possible. 6. If they are mature enough, children must give their consent to medical treatment and diverging decisions of the parents in serious medical matters may have to be examined by a court if the child is expressly against these. Civil law now prohibits the permanent inability to reproduce to be caused in children and the possibility that a curator can give his/her consent was restricted to serious medical-somatic cases when a disabled or physically ill person is of age. 7. The present report also describes new measures of family support, adaptations of legislation applying to immigrant and refugee children, changes in juvenile justice – to name but CRC/C/83/Add.8 page 4 a few – in which the recommendations of the Committee were borne in mind. Apart from legal innovations the report also contains a few important measures and activities of the federal state and the Länder relevant to the rights of the child. 8. Data and statistics on CRC-relevant topics, resolutions and government decisions, contributions by NGOs and the Concluding Observations of the Committee on the rights of the child are attached in the annex. Legislation can be viewed in the legal information system of the Federal Chancellery, RIS at www.ris.bka.gv.at. 9. Further information on children and adolescents in Austria and related issues are also found in the reports "4. Österreichischer Familienbericht: Familie – Zwischen Anspruch und Alltag“ (1999) and "Gewalt in der Familie. Von der Enttabuisierung zur Professionalisierung“ (2001) as well as "3. Bericht zur Lage der Jugend in Österreich“ (1999) (all available on the website of this Ministry, www.bmsg.gv.at ). 10. Austria has made all possible efforts to secure and foster the value of children in society by many dispositions, based on the recommendations of the Committee on the rights of the child. Those responsible are aware of the fact that the public sector and policymakers are constantly called upon to continue pursuing this goal for the benefit of children in this country. Ministries – Responsibilities 11. The report quotes the ministries in charge by using abbreviated names referring to the relevant policy area for convenience. This is to avoid recurrent indications that some ministry names changed in February 2002. The short versions stand for 12. Ministry of Youth = the ministry in charge of children and adolescents:Until 2000: Federal Ministry for Environment, Youth and Family Matters (BMUJF) (1996: BMJF) Since April 2000: Federal Ministry for Social Security and Generations (BMSG) 13. Family Ministry = the ministry in charge of families: Until 2000: Federal Ministry for Environment, Youth and Family Matters (BMUJF) (1996: BMJF) Since April 2000: Federal Ministry for Social Security and Generations (BMSG) 14. Ministry of Social Affairs = the ministry in charge of social security: Until 2000: Federal Ministry for Labour, Health and Social Security (BMAGS) Since April 2000: Federal Ministry for Social Security and Generations (BMSG) 15. Ministry of Labour = the ministry in charge of labour market matters: Until 2000: Federal Ministry for Labour, Health and Social Security (BMAGS) Since April 2000: Federal Ministry for Economic Affairs and Labour (BMWA) 16. Ministry of Economic Affairs = the ministry in charge of economic matters: Until 2000:Federal Ministry for Economic Affairs: Since April 2000: Federal Ministry for Economic Affairs and Labour (BMWA) 17. Ministry of Women's Affairs = the ministry in charge of women's general concerns: Until 2000: Federal Chancellery – Federal Ministry of Women's Affairs and Consumer Protection: Since April 2000: Federal Ministry for Labour, Health and Social Security (BMSG) CRC/C/83/Add.8 page 5 18. Ministry of Health = the ministry in charge of health matters: 1996-97: Federal Ministry for Health, Sport and Consumer Protection (BMGSK): Until 2000: Federal Ministry for Labour, Health and Social Security (BMAGS) Since April 2000: Federal Ministry for Social Security and Genera (BMSG) 19. Ministry of Education = the ministry in charge of education matters: Until 2000: Federal Ministry of Education and Cultural Affairs (BMUK) Since April 2000: Federal Ministry for Education, Science and Culture (BMBWK) 20. Foreign Office = the ministry in charge of foreign affairs Federal Ministry for Foreign Affairs (BMaA) 21. Interior Ministry = the ministry in charge of home affairs Federal Ministry of the Interior (BMI) 22. Ministry of Justice = the ministry in charge of justice matters Federal Ministry of Justice (BMJ) Important Acronyms: 23. CRC = UN Convention on the Rights of the Child. Concluding observations = concluding observations of the Committee of the United Nations on the Implementation of the Convention on the Rights of the Child which examined the Austrian initial report at its 507th to 509th session (see CRC/C/SR. 507-509) and published the observations on 12 and 13 January 1999. UN United Nations ECHR European Court on Human Rights ECHR European Convention on Human Rights NGOs Non-governmental organizations 2. GENERAL INFORMATION The Status of the Convention in the Austrian Legal System 24. Under Austrian Federal constitutional law (art. 9 para. 1 of the Federal Constitutional Law (B-VG)), the “UN Convention on the Rights of the Child“ (CRC) is seen as an integral part of Austrian law. Therefore, domestic legal rules must be interpreted so that they do not contradict the Convention. Since the Convention was approved by the Nationalrat (National Council) with a reservation as to its execution, it cannot be directly applied as such but requires the adoption of laws. This procedure is in complete accordance with article 4 of the Convention.