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 OVERVIEW
OF GENDER EQUALITY ISSUES IN AUSTRIA
Prepared by the State College of Education in Vienna, Austria
INTRODUCTION
Austria ratified ILO Convention No.100 concerning Equal Remuneration
for Women an Men Workers for Work of Equal Value in 1953 and ILO
Convention No.111 concerning Discrimination in Respect of Employment and
Occupation in 1973.
Based on the concept of equal pay for work of equal value as stated
in ILO Conv. No.100 the Equal Treatment Act 1979 was introduced.
For constitutional reasons it can only regulate private sector labour
contracts. At first it contained only equal pay regulations. It was
amended in 1982, 1985, 1990 and 1993 to contain also regulations on
equal working conditions and sexual harassment in the workplace as well
as gender discrimination. In 1990 the Equal Treatment Advocacy was
implemented. The latest amendment in 2001 introduced a special status
for the chair of the Equal Treatment Commission (for the private
sector – specialised complaint board).
In 1993 the Federal Equal Treatment Act for Civil Servants and
Employees was passed. This
deals with work contracts and working conditions of federal personnel as
well as with career advancement for the least represented sex. This act
contains regulations for a specialised complaint board (Federal Equal
Treatment Commission) for the federal civil service. In 1993 to 1995
in preparation for Austria’s accession first to the European Common
Market and then to the European Economic Community the acquis
communautaire had to be implemented also within the equal treatment
framework. Consequently some amendments were implemented in both federal
acts, e.g. more effective damages. The accession also led to the
implementation of gender equality laws at provincial government level.
These acts deal with the labour contracts and working conditions of
personnel working for provincial administrations and affiliated public
institutions such as hospitals.
In 1998 the Austrian Constitutional Act was amended to meet
the demand of the UN Convention on the Elimination of all Forms of
Discriminations Against Women (CEDAW – ratified in 1984) and now
contains in Art 7 (2) the responsibility to consider and implement the
principle of actual gender equality on all levels of policies and legal
enactments.
Austria is about to implement EC directive 2000/78/EC (framework
directive) and EC directive 2000/43/EC (race directive) as well as parts
of EC directive 2002/73/EC (amendment of the equal treatment directive)
into national law. Apart from people with disabilities, for whom
separate comprehensive anti-discrimination legislation is planned,
discrimination prohibitions, damages provisions and corresponding
organisational regulations for all other groups concerned will be
implemented within the framework of the two federal equal treatment laws.
The new provisions will be enacted by 2004-07-01. The provinces are
going to implement separate laws. As far as can be seen up to now some
of the provinces are planning comprehensive anti-discrimination
legislation in addition to their already existing gender equality
legislation.
GENDER EQUALITY MACHINERY
The gender equality structure (limited to the institutions which are
specifically dealing with
gender issues) is provided in Picture1.
This report only takes federal legislation into consideration,
because the Equal Treatment Act and the Equal Treatment Act for Federal
Civil Servants and Employees cover the widest scope of equal treatment
instruments. Most of the provincial enactments took up the models set by
federal legislation.
Federal legislation is introduced by Parliament, which
consists of two chambers. The Main Chamber is organised in boards with
specialised areas of work. Since 1993 the Equal Treatment Board
deals with gender equality legislation.
On the Governmental level there are two Inter-ministerial
Working Groups– IMWG. The IMWG for Gender Equality in accordance
with the Federal Equal Treatment Act 1993 can make proposals and give
advice to the government on all matters concerning equal treatment and
career advancement for women in the federal public service. The task of
the IMWG for Gender Mainstreaming is to develop strategies
and methods for implementing the gender-mainstreaming concept within
ministerial frameworks and on a political level.
Within every ministry at least one person is assigned as Equal
Treatment Commissioner. Their task is to counsel federal civil
servants and employees and to monitor all cases of gender discrimination
that are brought to their notice. As gender discrimination and sexual
harassment are also disciplinary misdemeanours within the federal civil
service system the equal treatment commissioners are entitled to lodge
complaints with the appropriate boards. The equal treatment
commissioners are members of the Equal Treatment Boards of the
ministries that are established to monitor and to further career
advancement for female civil servants.
In both the Equal Treatment Act 1979 and the Federal Equal Treatment
Act 1993 victims of gender discrimination are individually entitled to
damages. Complaints must be taken to the regular work and social courts
or to the civil courts. There are no separate gender or
anti-discrimination departments within the court system.
Both acts have from the beginning contained regulations for
specialised complaint boards, the Equal Treatment Commission for the
private sector and the Federal Equal Treatment Commission. Both are
tripartite bodies entitled to give advisory opinions on single cases, or
issue expert opinions on questions concerning gender discrimination in
the workplace or within collective agreements. These expert opinions
carry no judicial weight. They can however be taken to court as part of
the evidence in discrimination cases.
The Equal Treatment Advocacy for the private sector was
implemented through the Equal Treatment Act 1979 in 1990. It is located
within the framework of the Ministry for Health and Women’s Affairs. Its
members are federal employees who counsel victims of discrimination and
who can take complaints to the board. They also make reports on the
status of equal treatment developments to the minister and to Parliament.
Single complainants can apply either directly to the two separate
complaint boards or – in cases pertaining to the private sector – to the
Equal Treatment Advocacy or – in federal civil service cases – to the
Equal Treatment Commissioners within the ministries.
Gendered statistical data is gathered by Statistic Austria and by
provincial statistics units where required by community or by national
law. Besides legal requirements gendered statistical data is collected
only if authorised by clients.
The Austrian system of Social Partnership is characterised by
the autonomy of the organizations from the state and by a relatively
high degree of cooperation between the state and by employers and
employees´ organizations. Except for the Chamber of Agriculture all
social partners are represented on the complaint board for the private
sector according to the Equal Treatment Act 1979.
Trade unions, especially the Trade Union of Private Employees, are
constantly working on the implementation of gender equality measures at
the level of independent private enterprise. Traditionally the NGO
sector is not very structured and quite varied; male crisis centres have
existed for several years in Vienna and Salzburg.
CHALLENGES FOR GENDER EQUALITY
Unlike other countries Austria has no clear concept of gender
equality. Except for the civil service at federal level and in some of
the provinces, no legal measures for positive action or for the active
promotion of gender equality have been taken. Most of the gender
equality policies in Austria remain on the level of announcements (see
e.g. the government activities concerning gender mainstreaming).
Anti-discrimination legislation is being prepared according to the
directives based on Art 13 EC treaty.
Picture 1. Gender Equality Structures in Austria
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