N/A
- State under Review
- Recommendation
Thereby, Austria undertakes to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse and to include children's rights into the Austrian Federal Constitution according to the Convention on the Rights of the Child. In addition to the existing criminal law provisions, which have already made any form of torture a punishable offence113, the inclusion of a definition of torture in the Criminal Code is currently underway. Work is also being done to implement the crimes under the Rome Statute for an International Criminal Court, which includes crimes against humanity and war crimes, into the Austrian penal code. Genocide is already a punishable offence under Austrian criminal jurisdiction
- Recommending State
- Session
- 10 - January 2011
- Action Category
- 5 - Specific action
- Response
- Supported
- Cycle
- Cycle 1 (2008 - 2012)
- Issues
- Detention
- Enforced disappearances
- International instruments
- Justice
- Rights of the Child
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ratify as soon as possible the Optional Protocol to the Convention against Torture or other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT)
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Speed up the process of the ratification of the OP-CAT
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ratify OP-CAT and designate a National Preventive Mechanism for places of detention
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
As a high priority, ratify OP-CAT and establish a National Preventative Mechanism
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ensure the establishment of an independent supervision mechanism which would have access to all detention centres with a view to facilitating the prompt ratification of OP-CAT
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ratify OP-CAT without further delay
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Strengthen the federal legislation to combat discrimination and ensure an effective implementation with a view to a better protection of the rights of vulnerable persons, in particular children, persons in detention and persons with disabilities
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- Disability rights
- Rights of the Child
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Enact legislation to ensure the humane treatment of prisoners
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Implement specific steps to combat the high level of deaths of indigenous persons in places of detention
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- Indigenous peoples
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Introduce a requirement that all deaths in custody be reviewed and investigated by independent bodies tasked with considering prevention of deaths and implement the recommendations of Coronial and other investigations and enquiries
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- Justice
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Implement measures in order to address the factors leading to an overrepresentation of Aboriginal and Torres Strait Islander communities in the prison population
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- Indigenous peoples
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Examine possibilities to increase the use of non-custodial measures
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Supported
- Issues
- Detention
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Repeal the provisions of the Migration Act 1958 relating to the mandatory detention
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Asylum-seekers - refugees
- Detention
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Review its mandatory detention regime of asylum-seekers, limiting detention to the shortest time reasonably necessary
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Supported
- Issues
- Asylum-seekers - refugees
- Detention
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Address the issue of children in immigration detention in a comprehensive manner
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- Migrants
- Rights of the Child
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ensure that no children are held in detention on the basis of their migratory status and that special protection and assistance is provided to unaccompanied children
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- Migrants
- Rights of the Child
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Take efficient measures to improve the harsh conditions of custody centres in particular for minorities, migrants and asylum-seekers
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Asylum-seekers - refugees
- Detention
- Migrants
- Minority rights
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Consider alternatives to the detention of irregular migrants and asylum- seekers, limit the length of detentions, ensure access to legal and health assistance and uphold its obligations under the Vienna Convention on Consular Relations
- Recommending State
- Action Category
- 3 - Considering action
- Response
- Supported
- Issues
- Asylum-seekers - refugees
- Detention
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Do not detain migrants other than in exceptional cases, limit this detention to six months and bring detention conditions into line with international standards in the field of human rights
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Detention
- International instruments
- Migrants
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Accede to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT) and harmonize its domestic legislation with human rights treaties, and in particular, incorporate torture as a criminal offense in its domestic legislation. In accordance with its policy on "zero tolerance", harmonize in a non-restrictive manner the Convention on the Rights of the Child (CRC)
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Rights of the Child
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Sign and ratify OP-CAT
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ratify OP-CAT
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ratify OP-CAT
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Ratify OP-CAT
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Pursue, as a matter of priority, the ratification of OP-CAT, recommended in 2010 by the Committee against Torture, and include in the national Criminal Code a definition of torture as contained in the Convention against Torture
- Recommending State
- Action Category
- 2 - Continuing action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Treaty bodies
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Continue implementing OP-CAT, through its national law passed to this effect
- Recommending State
- Action Category
- 2 - Continuing action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Conclude the ratification process of OP-CAT and the Convention for the Protection of All Persons from Enforced Disappearances (CED), as earlier as possible
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Supported
- Issues
- Detention
- Enforced disappearances
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
To ensure an effective national preventive mechanism, as requested in OP-CAT, provide in its draft law for the full independence of this institution
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- International instruments
- Torture and other CID treatment
- Date added
- Sep 26, 2019
N/A
- Cycle
- Cycle 1 (2008 - 2012)
- Session
- 10 - January 2011
- State under Review
- Recommendation
Further address the issue of treatment by law enforcement personnel towards criminal suspects, detainees and prisoners, in line with relevant human rights standards
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- Detention
- Date added
- Sep 26, 2019