Furthermore, a central register for sperm or egg donations is to be set up
Vienna (PK) – Im Justice Committee MPs voted today for adjustments to parenthood and the establishment of a central register of sperm or egg donations. Numerous opposition motions were postponed.
Adjustments to parenthood through the new Parentage Rights Adjustment Act
Adjustments as a result of several findings by the Constitutional Court are provided for in an initiative proposal from the governing parties for a 2023 Parentage Rights Adjustment Act, which provides for changes to the General Civil Code (3754/A). Legal parenthood should be linked solely to the fact that the mother and her partner are married or live in a registered partnership at the time of the birth. This and other regulations are intended to take into account same-sex parenthood and counteract discrimination based on gender. To this end, regulations are also made for non-medically assisted reproduction. Furthermore, the legal initiative linguistically covers the “third gender” and emphasizes parenthood instead of just fatherhood. The proposed law was approved with the votes of ÖVP, Greens, SPÖ and NEOS. By means of a further motion, which was submitted to the committee and approved unanimously, the committee spoke out in favor of making the relevant adjustments to the relevant provisions of the Personal Status Act in this context.
The MPs also voted on the establishment of a central register for sperm or egg donations using a motion for a resolution submitted by the government parties. This was proposed to enhance the child’s right to know his or her genetic ancestry (3755/A(E)). The motion was accepted by a majority without the votes of the SPÖ.
Children born in a marriage automatically legally have a second parent, but so far this only applies to marriages of heterosexual couples. With this change in the law, this circumstance will be remedied so that this is also the case for children born in a same-sex marriage or registered partnership, explained Agnes Sirkka Prammer (Greens). The solution presented fits in with the previous voting law and is thus a “harmonious system” that “helps us advance as a whole,” said Prammer.
Children have a right to know their own ancestry, this comes from the European Convention on Human Rights, said Gudrun Kugler (ÖVP). Children who were conceived with the sperm or eggs of third parties would already have the right to inspect the data records and receive information about them. But because it could happen that a reproductive institute no longer exists at the time when someone wants to ask for information about their vote, an additional central data register should now be created, says Kugler.
The new Parentage Rights Adjustment Act brings us into the social reality of the 21st century, said Nikolaus Scherak (NEOS).
Harald Stefan (FPÖ) emphasized that he understands that this proposed law is implementing something that the Constitutional Court saw, but he does not think it makes sense.
Selma Yildirim (SPÖ) described the proposed law as “absolutely sensible”. However, she has skepticism and reservations about the proposed central register for sperm or egg donations. She called for statements regarding data protection and possibly the involvement of an ethics committee.
Justice Minister Alma Zadić emphasized that the new Parentage Rights Adjustment Act ensures legal certainty. Among other things, it helps family judges with their decisions.
FPÖ wants an evaluation of fundamental rights and civil liberties
A motion from the FPÖ was postponed, which called for an evaluation of all existing legal measures that restrict fundamental rights and freedoms as well as the repeal of excessive measures (1918/A(E)) demanded.
In principle, Nikolaus Scherak (NEOS) said he could gain something from a demand that was about looking at fundamental rights.
This application speaks to the time of the corona pandemic and the measures taken at the time to contain the pandemic, said Eva Blimlinger (Greens) and pointed out that the Academy of Sciences is already working on a scientific review of it.
Restrictions on fundamental rights occur due to balancing of interests, said Selma Yildirim (SPÖ), and the Constitutional Court is examining these cases.
Reimbursement of costs in the event of acquittal and termination of criminal proceedings
A renewed application from the FPÖ addressed the committee with the demand for changes to the Code of Criminal Procedure (293/A) for full reimbursement of costs in the event of acquittal. This has already been announced. However, he lacks faith that the implementation will actually take place, said Christian Ragger (FPÖ).
The 2024 budget already provides for the funds for the implementation of this measure; the reimbursement of costs is planned not only for acquittals, but also for the dismissal of proceedings, emphasized Justice Minister Alma Zadić. There is already a lively exchange with the Bar Association in this regard.
With reference to the ongoing steps towards implementation, the application was postponed again.
NEOS wants a decision for a federal prosecutor in this legislative period
In an application that was also reinstated, the NEOS reiterated their demand for an independent federal public prosecutor (361/A(E)). Four of the five parliamentary parties are now in favor of it, it’s just a matter of the design, said Nikolaus Scherak (NEOS) and called for us to move towards each other on this matter and to decide on this “urgent reform” before the end of this legislative period.
Selma Yildirim (SPÖ) emphasized that we are “further along in this matter than ever before,” and the parliamentary clubs should now come together and “finally take this step.”
Christian Ragger (FPÖ) expressed his strict rejection of this. He fears that parliament could lose control rights if this measure is implemented.
The motion was postponed again by the government parties with reference to the ongoing discussions.
FPÖ for aggravating punishment for criminal migrants
In the case of crimes committed by migrants, the FPÖ called for a reason to aggravate punishment in a renewed application in the Criminal Code (2329/A). Harald Stefan (FPÖ) said this reason should apply to people who come to a country and “take advantage” of the right to hospitality by committing crimes there.
In view of the past few weeks, in which people who have come to Europe have expressed their support for Hamas, there is a need for reflection on this issue, but not in the way suggested in the FPÖ motion, said Gudrun Kugler ( ÖVP). Reasons for aggravation could only apply due to behavior shown, not due to status.
“Being a foreigner is not a reason for difficulty,” emphasized Agnes Sikka Prammer (Greens).
The application was postponed again.
Genital mutilation of girls and young women
All attempts to curb the cruel ritual of genital mutilation of girls through increased education for parents have so far not been successful, according to an FPÖ motion that calls for an expansion of the criminal code (3643/A(E)) and was postponed.
These facts have already been regulated, said Eva Blimlinger (Greens). Education on this topic is crucial; it is not a religious rule, but a cultural practice.
In order to move forward, proper studies are needed on this topic. Prevention is key. Respect for girls must be taught in class, said Gudrun Kugler (ÖVP).
Selma Yildirim (SPÖ) emphasized that this immensely important topic is a taboo subject that must be removed.
Prosecution of “involved Taliban”
An SPÖ motion calling for solidarity with the people of Afghanistan through effective prosecution of “involved Taliban” was postponed (3552/A(E)).
Stephanie Krisper (NEOS) said she agreed with this demand from the SPÖ and emphasized that evidence of war crimes was also needed in Austria.
Austria supports the International Criminal Court both personally and financially, said Justice Minister Alma Zadić. Evidence of war crimes is being collected in Austria, but there is currently no pending investigation in this context in Austria, said Zadić.
“Identity theft” and “deepfakes”
A renewed motion by the FPÖ, which was again postponed, addressed the diverse forms of identity abuse on the Internet. Concrete regulations are required to anchor “identity theft” and “deepfakes” in criminal law (2860/A(E)).
This motion addresses two different topics, said Agnes Sikka Prammer (Greens). “Identity theft” is a form of fraud and is already being punished. With regard to “deep fakes”, criminal regulations will be needed, Prammer agreed, and the committee will continue to deal with the issue.
Christian Drobits (SPÖ) said that from his point of view the issue of “identity theft” was “not yet clarified” and that a separate criminal offense should be created for it, he demanded.
Raise students’ awareness of data protection on the Internet
At the SPÖ’s request, the committee addressed the demand for the implementation of the results of the “privacy4kids” project in school lessons and the raising of students’ awareness of data protection on the Internet (3413/A(E)).
This proposal had already been accepted in the teaching committee and its implementation was decided in the National Council in July, but nothing further has happened since then, criticized Christian Drobits (SPÖ). With reference to the decision that had already been made, the motion was postponed by the government parties.
Further postponements: criminalization of espionage, obstruction of assistance
The NEOS called for the criminalization of espionage even if it disadvantages other states and international organizations in a renewed application (3267/A). Pointing out that several departments are involved in this issue and that “complicated discussions” are already being held, the government parties postponed the motion again.
The reopened FPÖ bill, which aims to make obstruction of assistance a criminal offense, was also postponed again (2939/A). (Conclusion of the Justice Committee) bea
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