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COMMITTEE ON THE RIGHTS OF THE CHILD STARTS CONSIDERATION OF AUSTRIA'S REPORT
12 January 1999
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MORNING
HR/CRC/99/3
12 January 1999
COMMITTEE ON RIGHTS OF CHILD STARTS CONSIDERATION OF AUSTRIA'S REPORT
The Committee on the Rights of the Child this morning started its consideration of a report presented by the Government of Austria on efforts undertaken by that country to implement the provisions of the Convention on the Rights of the Child.
Franz Cede, Legal Advisor at the Ministry of Foreign Affairs of Austria, introduced his country's initial report, saying that Austria attached great importance to the promotion and protection of children's rights both at the national and international levels.
The Austrian delegation also included Werner Schütz and Michael Stormann, from the Ministry of Justice; Ewald Filler, from the Ministry of the Environment, Youth and Family; Christine Kisser, from the Ministry of Education and Cultural Affairs; Andrea Jellinek from the Ministry of Interior; Elisabeth Riederer from the Permanent Mission of Austria to the United Nations Office at Geneva; and Stefan Siedler, a student.
In the course of their consideration of the report, Committee experts raised questions on such issues as the implementation of equal rights in the different decentralized regions; the role of non-governmental organizations; and the absence of a central coordinating and monitoring body for child rights, among other things.
Austria, as one of the 191 States parties to the Convention, is obliged to present periodic summaries to the Committee on how it is implementing the international treaty.
The Committee will reconvene at 3 p.m. to continue its consideration of the Austrian report.
Report of Austria
The initial report of Austria (document CRC/C/11/Add.14) reviews the administrative and legislative measures undertaken by the Government to implement the provisions of the Convention on the Rights of the Child. It says that the Government is fully aware of the need for further legislative initiatives regrading provisions for the protection and participation of children.
The report states that in spite of the density of the social network and the medical and educational structure of an affluent society, and despite modern medicine, educational theories and psychology, more and more children are becoming psychologically and physically ill.
In addition, the report says that Austria, as a State party to the Convention to the Rights of the Child, not only intends to secure children's rights at the national level, but also to ensure their observance worldwide and it intends to express its solidarity with other States and other relevant legal instruments pertaining in particular to children.
Introduction of Report
FRANZ CEDE, Legal Advisor in the Ministry of Foreign Affairs of Austria, affirmed that the implementation of the Convention was essential to Austria at the national and international levels. Austria attached great importance to the promotion and protection of children's rights. It advocated the well-being of and healthy development of youth, not only at the national level but also at the European one.
Mr. Cede said that Austria attached great importance to the fight against child abuse in all its facets. Austria had developed a series of proposals at the national and European levels aimed at eliminating child pornography and other phenomenon detrimental to the development of children.
Mr. Cede added that the writing of the present initial report had stimulated more interest in the field of child protection and promotion. The report included the latest legislative measures undertaken by the Government.
Discussion
In response to written questions prepared by Committee members in advance, the delegation said that Austrian legislators had taken a major step forward by approving a specific law on protection against violence in the family. In the case of violence or danger of violent acts, police were entitled to remove aggressors from the family home and to prohibit their return to it. In addition, a campaign against violence in the family and against any type of violence directed at children had been in force since 1994.
The delegation said that the Government had established norms that allowed children of alien persons residing in Austria to enjoy the same rights as Austrian children in all spheres. Children born and brought up in Austria were considered as part of the society and were under the protection of the State. On 1 January 1998, a new aliens act entered into force which prohibited the residence ban of people who were born and brought up in Austria. Furthermore, the law allowed family reunification of migrants already residing in the country.
An expert said that a single coordination and monitoring body regarding the promotion and protection of children did not exist in Austria. The expert also encouraged the Government to invite non-governmental organizations to participate in efforts to disseminate awareness of the question of child rights.
Another Committee member was of the view that important legal measures had been taken by the Government in the field of child abuse and protection of the child. Nevertheless, the expert was worried that more and more attention was being given to decentralization and to the membership of the federation and expressed fear that inequalities of rights might arise within the various components of the union. The expert asked if the Government was aware of ways and means to guarantee and ensure that the rights under the Convention were equally applied in all parts of the decentralized regions.
Other experts also queried the members of the delegation on such issues as the reservations made by Austria on article 17 of the Convention on children's access to information; articles 13 and 15 of the Convention on the right to freedom of expression and freedom of association; implementation of equal rights in all municipalities and local states; participation of non-governmental organizations in the elaboration of the report; Austria's contribution in the form of international aid aimed at promoting and protecting children's rights; and the effect of the transition to the Euro in the field of promotion and protection of Austrian children's rights, among other things.
In response to oral questions raised by Committee members, the delegation said that representatives of non-governmental organization had played a key role in the preparation of the report as did ombudsmen and representatives of Länders. However, although a German version of the report already existed in Vienna, its dissemination had not yet been realized. Despite the existence of minorities in the country, the report was not translated into those languages.
The delegation said that there was no need, at least for the moment, to establish an ombudsman at the federal level. So far there were 10 ombudsmen, out of which 9 were at the state level and one was at the national level. Given the Federal Government’s structure, it was, however, difficult to establish an ombudsman having full competence over the state ombudsmen.
With regard to cuts in allowances for child care, the delegation said that in 1995, a budgetary cut had taken place affecting the family allowance aimed at child protection. However, the Government had rectified the situation by raising the child allowance starting the beginning of 1999.
Efforts had been made to narrow the gap of educational privileges between poor and rich school pupils, the delegation said. In addition, parents and students were made aware of their rights enshrined in the Convention concerning education. The Government had also been engaged in providing financial assistance to children in need.
Concerning Austria's reservations on articles 13 and 15 of the Convention, the delegation said that what the articles said concerning the granting of the right to freedom of expression and freedom of association was slightly different from the rights in the European Convention on Human Rights. It was for that reason that Austria had made reservations on those articles at the time of ratification.
MORNING
HR/CRC/99/3
12 January 1999
COMMITTEE ON RIGHTS OF CHILD STARTS CONSIDERATION OF AUSTRIA'S REPORT
The Committee on the Rights of the Child this morning started its consideration of a report presented by the Government of Austria on efforts undertaken by that country to implement the provisions of the Convention on the Rights of the Child.
Franz Cede, Legal Advisor at the Ministry of Foreign Affairs of Austria, introduced his country's initial report, saying that Austria attached great importance to the promotion and protection of children's rights both at the national and international levels.
The Austrian delegation also included Werner Schütz and Michael Stormann, from the Ministry of Justice; Ewald Filler, from the Ministry of the Environment, Youth and Family; Christine Kisser, from the Ministry of Education and Cultural Affairs; Andrea Jellinek from the Ministry of Interior; Elisabeth Riederer from the Permanent Mission of Austria to the United Nations Office at Geneva; and Stefan Siedler, a student.
In the course of their consideration of the report, Committee experts raised questions on such issues as the implementation of equal rights in the different decentralized regions; the role of non-governmental organizations; and the absence of a central coordinating and monitoring body for child rights, among other things.
Austria, as one of the 191 States parties to the Convention, is obliged to present periodic summaries to the Committee on how it is implementing the international treaty.
The Committee will reconvene at 3 p.m. to continue its consideration of the Austrian report.
Report of Austria
The initial report of Austria (document CRC/C/11/Add.14) reviews the administrative and legislative measures undertaken by the Government to implement the provisions of the Convention on the Rights of the Child. It says that the Government is fully aware of the need for further legislative initiatives regrading provisions for the protection and participation of children.
The report states that in spite of the density of the social network and the medical and educational structure of an affluent society, and despite modern medicine, educational theories and psychology, more and more children are becoming psychologically and physically ill.
In addition, the report says that Austria, as a State party to the Convention to the Rights of the Child, not only intends to secure children's rights at the national level, but also to ensure their observance worldwide and it intends to express its solidarity with other States and other relevant legal instruments pertaining in particular to children.
Introduction of Report
FRANZ CEDE, Legal Advisor in the Ministry of Foreign Affairs of Austria, affirmed that the implementation of the Convention was essential to Austria at the national and international levels. Austria attached great importance to the promotion and protection of children's rights. It advocated the well-being of and healthy development of youth, not only at the national level but also at the European one.
Mr. Cede said that Austria attached great importance to the fight against child abuse in all its facets. Austria had developed a series of proposals at the national and European levels aimed at eliminating child pornography and other phenomenon detrimental to the development of children.
Mr. Cede added that the writing of the present initial report had stimulated more interest in the field of child protection and promotion. The report included the latest legislative measures undertaken by the Government.
Discussion
In response to written questions prepared by Committee members in advance, the delegation said that Austrian legislators had taken a major step forward by approving a specific law on protection against violence in the family. In the case of violence or danger of violent acts, police were entitled to remove aggressors from the family home and to prohibit their return to it. In addition, a campaign against violence in the family and against any type of violence directed at children had been in force since 1994.
The delegation said that the Government had established norms that allowed children of alien persons residing in Austria to enjoy the same rights as Austrian children in all spheres. Children born and brought up in Austria were considered as part of the society and were under the protection of the State. On 1 January 1998, a new aliens act entered into force which prohibited the residence ban of people who were born and brought up in Austria. Furthermore, the law allowed family reunification of migrants already residing in the country.
An expert said that a single coordination and monitoring body regarding the promotion and protection of children did not exist in Austria. The expert also encouraged the Government to invite non-governmental organizations to participate in efforts to disseminate awareness of the question of child rights.
Another Committee member was of the view that important legal measures had been taken by the Government in the field of child abuse and protection of the child. Nevertheless, the expert was worried that more and more attention was being given to decentralization and to the membership of the federation and expressed fear that inequalities of rights might arise within the various components of the union. The expert asked if the Government was aware of ways and means to guarantee and ensure that the rights under the Convention were equally applied in all parts of the decentralized regions.
Other experts also queried the members of the delegation on such issues as the reservations made by Austria on article 17 of the Convention on children's access to information; articles 13 and 15 of the Convention on the right to freedom of expression and freedom of association; implementation of equal rights in all municipalities and local states; participation of non-governmental organizations in the elaboration of the report; Austria's contribution in the form of international aid aimed at promoting and protecting children's rights; and the effect of the transition to the Euro in the field of promotion and protection of Austrian children's rights, among other things.
In response to oral questions raised by Committee members, the delegation said that representatives of non-governmental organization had played a key role in the preparation of the report as did ombudsmen and representatives of Länders. However, although a German version of the report already existed in Vienna, its dissemination had not yet been realized. Despite the existence of minorities in the country, the report was not translated into those languages.
The delegation said that there was no need, at least for the moment, to establish an ombudsman at the federal level. So far there were 10 ombudsmen, out of which 9 were at the state level and one was at the national level. Given the Federal Government’s structure, it was, however, difficult to establish an ombudsman having full competence over the state ombudsmen.
With regard to cuts in allowances for child care, the delegation said that in 1995, a budgetary cut had taken place affecting the family allowance aimed at child protection. However, the Government had rectified the situation by raising the child allowance starting the beginning of 1999.
Efforts had been made to narrow the gap of educational privileges between poor and rich school pupils, the delegation said. In addition, parents and students were made aware of their rights enshrined in the Convention concerning education. The Government had also been engaged in providing financial assistance to children in need.
Concerning Austria's reservations on articles 13 and 15 of the Convention, the delegation said that what the articles said concerning the granting of the right to freedom of expression and freedom of association was slightly different from the rights in the European Convention on Human Rights. It was for that reason that Austria had made reservations on those articles at the time of ratification.