Second President of the National Council Bures emphasizes the signaling effect of making discrimination visible
Vienna (PK) – For two decades, the Klagsverband has been committed to enforcing the rights of victims of discrimination and to further developing the right to equality and anti-discrimination. At the invitation of Second President of the National Council Doris Bures, this anniversary was used as an opportunity to not only look back on the progress achieved so far at a ceremony in Parliament, but also to discuss challenges and necessary improvements in the area of protection against discrimination.
The head of the equal treatment attorney Sandra Konstatzky, the disabled lawyer Christine Steger and the chairman of the lawsuit association Christopher Frank commented on these questions. The head of legal enforcement in the Klagsverband, Theresa Hammer, illustrated the implementation of strategic litigation in anti-discrimination law using specific cases. In a subsequent panel discussion, representatives from seven of the Klagsverband’s 69 member organizations formulated demands for a discrimination-free society in the future.
The experts still saw a need for action and advocated in particular for a statutory minimum compensation for damages, a legal right to eliminate discrimination and the expansion of the right to take collective action.
Bures calls for a basic consensus across society
Second President of the National Council Doris Bures was convinced that there was no better place than the Austrian Parliament to celebrate the 20th anniversary of the Klagsverband, as anti-discrimination has a lot to do with legislation. In her opinion, what is needed above all is a basic, humanistic consensus on this issue across society as well as a willingness to really live inclusion.
The Litigation Association, as a unique institution in Europe, has been focusing on people’s right to diversity for two decades, emphasized Bures. He always stands by those who are confronted with discrimination in a wide variety of realities. The model proceedings conducted by the Litigation Association would not only lead to greater clarity and legal certainty in discrimination cases, but would also send an important social signal by making discrimination visible.
Review and wishes for the 20th anniversary
It’s not just about successful lawsuits, but also about legal policy, emphasized Christopher Frank, chairman of the board of the lawsuit association. Concrete examples of this include statements in the legislative process, monitoring the UN Convention on the Rights of Persons with Disabilities or the preparation of the CEDAW shadow reports. In his view, the Austrian anti-discrimination legislation of the last 20 years has not been a success story. With small exceptions, improvements have only ever occurred when decisions by the ECJ or EU directives have made it unavoidable, Frank pointed out.
It is time to take the next important steps, also pleaded the head of the equal treatment attorney Sandra Konstatzky, who saw the lawsuit association as a bridge between civil society and the state. In her opinion, protection against discrimination must finally apply in all areas of life for all reasons for discrimination. “Good collective action rights” are also of central importance in order to take effective action against discriminatory practices and to be able to address those who cause discrimination. Konstatzky informed that very current guidelines on standards for equal treatment bodies would now even provide the legal framework for these rights of action.
Christine Steger, the Disability Advocate for the Republic of Austria, emphasized the importance of the role of the Litigation Association, which has “knocked down a few pegs” in the field of legislation over the last 20 years. However, she agreed with the previous speakers that there were some “construction sites” and that there was still a lot to do. One of Steger’s wishes was a common house of human rights where intersectional action could be taken against discrimination.
Successes and challenges of strategic litigation
Since the founding of the Litigation Association, it has been clear that, in addition to information and networking work, the focus of its activities must be on lawsuits and court decisions, explained Theresa Hammer. Ideally, these should be cases that have significance beyond the individual case. The legal recognition of discrimination experienced would mean a lot for those affected and court rulings could serve as an encouraging example for other affected people, emphasized the co-managing director and head of legal enforcement in the Klagsverband. Existing judgments would also make access to justice easier in the future because there is already “model case law” that other cases could build on. The lawsuit association has now conducted around 60 court proceedings, she said.
As an example, Hammer reported that numerous children with disabilities were prevented from attending regular school due to the lack of suitable personal assistance. The first representative action brought under the Disability Equality Act was successful and led to the Minister of Education re-regulating assistance for students with disabilities with a decree last year. This created the basis for an individual review of who needs this support in the future.
However, there are still many hurdles in enforcing the law, Hammer pointed out. There is an urgent need for legal action for removal and injunction in order to enable barrier-free access. She also considered it important to have an “appropriate, actually deterrent statutory minimum compensation” as well as a solution to the problem of cost risk. We also have to think about other sanction options, suggested Hammer. Finally, she reminded once again that there is still no legal protection against discrimination for all people in all areas of life.
Experts formulate demands in a panel discussion
Representatives from seven member organizations of the Klagsverband then exchanged ideas in a panel discussion. Founding member Martin Ladstätter from BIZEPS – Center for Self-Determined Living looked back and forward. The goals when founding the Klagsverband were to learn from each other as organizations, to obtain better rights and to enforce them. The fact that there are different rights for different reasons for discrimination must change. Ann-Sophie Otte from HOSI Vienna also explained that people are still not protected from discrimination when accessing goods – for example when looking for an apartment or entering restaurants – because of their sexual orientation. There is also a need for more precise language in the legal texts.
Rhonda D’Vine from Venib – Association Non-Binary emphasized the importance of mutual solidarity. Because there is not just one level of discrimination. Non-binary people are often affected by racism or have a disability. It is therefore important to keep an eye on all agendas, says D’Vine. For Ümmü Türe from the Islamophobia and Anti-Muslim Racism documentary center, broad solidarity in civil society is also important. “Just because I am not affected by a form of discrimination does not mean that it does not concern me,” she emphasized.
For Isolde Kafka from the Equal Treatment and Anti-Discrimination Service of the State of Tyrol, in addition to strong anti-discrimination law, it is important that all laws always pay attention to whether they exclude anyone. Among other things, she would like to see improvements in the resources of the anti-discrimination bodies and in the uniformity of the system. Kafka also advocated an expansion of the right to take collective action. Bernadette Feuerstein explained that the association SLIÖ – Self-determined Life Austria still has many ideas for representative actions in the interest of people with disabilities. Raising awareness is “all well and good”, but only rights and their enforcement through lawsuits would advance the community.
Fiorentina Azizi-Hacker from Zara – Civil Courage & Anti-Racism Work underlined the demand for a higher minimum compensation. Because only then will it hurt the perpetrators to discriminate. They would then think about it more carefully in the future. (End) sue/kar
A NOTICE: Photos from this event as well as one Review of past events you find in Parliament web portal.
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