Racism Report 2003 - Zara

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Page 66 Our Demands Racism Report 2003• We demand an anti-discrimination law rendering comprehensive and complete protection to all victims of discrimination.• We demand an anti-discrimination law which grants equal protection against discrimination for whatever reasonit may occur and which includes other important reasons of discrimination so far not included (e.g. on the groundsof colour of skin, mother tongue, nationality, place of birth, social origin, etc.).• We demand a professional and independent Equal Treatment Commission which also relies on the know-how ofexisting NGOs.• We demand an Ombudswoman/man for anti-discrimination issues who is genuinely independent and equippedwith adequate and sufficient resources.• We demand for associations and organisations to be vested with the right to engage in legal proceedings on behalfof victims, i.e. the right to engage on their behalf in any judicial and/or administrative procedure.• We demand provisions for out-of-court dispute settlements.• We demand sufficient budgetary means and personnel for the authorities dealing with anti-discrimination.• We demand positive action not only with regard to equality between women and men but also concerning allother groups who are likely to fall victims to discrimination as recognised by both the Directives 2000/43/EG (Art.5) and 2000/78/EG (Art. 7) as well as by the international Convention on the Elimination of All Forms of RacialDiscrimination (Art. 1 para. 4). Positive incentives should be provided by the State for private agents to promoteor employ on a preferential basis persons from groups so far discriminated. Such incentives would have to be ofa nature which would not represent an infringement of the Equal Treatment Act.• We welcome the inclusion of the tried and tested regulation against discriminating classified advertisements.We demand, however, that advertisements calling for „native citizens only“ should also be prohibited.5.4. Demands with regard to International Law5.4.1. International Convention on the Elimination of All Forms of Racial DiscriminationIt is high time that Austria implements the „Convention on the Elimination of All Forms of Racial Discrimination“.The Convention was ratified by Austria in 1972. In particular ZARA demands the implementation of the Conventionwith regard to the following rights:• The right to equal treatment before the tribunals and all other organs administering justice. In cases of racistdiscrimination, ZARA specifically demands the provision of effective ways for filing complaints before the courtsand the authorities.• The right to security of person and protection by the State against violence or bodily harm, whether inflicted bygovernment officials or by any individual, group or institution. We demand effective sanctions against personsguilty of committing offences based on racist motivation and we specifically demand independent investigationsand proceedings if such offences are claimed to have been committed by the authorities or police officers. In suchcases we demand a thorough investigation by independent bodies. The result of such investigations precedingjudicial steps should be published and victims should be entitled to restitution.• The right to freedom of thought, conscience and religion accompanied by effective sanctions in case of infringementsof this right. The protection for victims of racism as set forth in the provisions of the StGB (insult/incitement)is insufficient.• The right to public healthcare, medical care, social security and social services. In cases of discrimination withinthese areas, victims should have the possibility of filing a complaint and/or starting judicial proceedings.• The right to housing accompanied by effective sanctions against such persons who apply discriminating practiceswhen in search of tenants/buyers.• The right to education and training accompanied by effective sanctions against discrimination in schools/universities.• Effective judicial remedies through the courts and/or independent administrative bodies against acts of discriminationcommitted by the authorities or private agents. We demand simple judicial remedies free of cost andcapable of stopping discriminating behaviour and the recognition of the right to compensation.5.4.2. Ratification and/or signing the Convention on the Protection of Migrants and Members of their FamilyIn July 2003 this Convention became legally binding in 10 countries. ZARA recommends that Austria becomes a signatoryparty to this Convention and implements it. It contains the principle of equal treatment of migrant workersand sets forth two catalogues of rights:1) Human rights apply to ALL migrants and members of their family irrespective of their „status“ in the state ofemployment (i.e. to „legal“ and „illegal“ migrants). These rights include the right to life, the right to protection againsttorture and physical abuse, the right to freedom of religion, the right to freedom of opinion, the right to privatesphere, the right to private ownership, the right to physical freedom and safety, the right to human treatment, theright to equal treatment before the law and other authorities.
Racism Report 2003 Our Demands Page 672) Additional rights applying to „legal“ migrants include:• The right to information concerning their rights, in particular concerning their admission, stay and possibilities formodification of their status;• the right to temporary absence from the state of employment;• the right to liberty of movement;• the right to form associations and trade unions;• the right to political participation in their state of origin;• the right to equal treatment with regard to education, vocational guidance, vocational training, housing, theprovision of social and health services, setting up of co-operatives and membership, participation in cultural life;• the right to protection of the family and to facilitation of the reunification of migrant workers with their families;• the right to exemption from import and export duties in respect of personal and household effects;• the right to transfer their earnings and savings to their state of origin;• the right to equal treatment concerning taxation;• the right of residence for at least the same period as their work permit;• the right to work;• in the case of death of a migrant worker granting family members the authorisation to stay;• protection of migrants who have a work permit for a particular purpose and lose their employment for reasonsthey are not responsible for;• the right to freely choose an employment subject to the limitations provided for by the States;• the right to equal treatment with regard to unemployment benefits.5.4.3. Ratification of Protocol No. 12 of the ECHRAustria is a signatory party to Protocol No. 12 of the ECHR but never ratified it. The Protocol has not yet enteredinto force as so far it was ratified by five States only. Article 1 provides for a discrimination ban with regard to alllegally recognised rights. In particular, it bans discrimination on the grounds of gender, race, colour of skin, language,religion, political or other beliefs, national or ethnic origin, belonging to a minority, property, birth or other status.The Protocol extends the jurisdiction of the European Court for Human Rights. ZARA recommends ratification of theProtocol.Gedanken überdie Zukunft!Wann?Heute!ServiceTel:01/401 20-0www.oebv.comIhreVersicherungAdvertisement
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ContentsIntroductionPreface by the
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Racism Report 2003 Introduction Pag
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Racism Report 2003 The Death of Che
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Page 78: The ZARA team at the counselling ce
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Racism Report 2003 - Zara

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