Proceeding in front of the Equal Treatment Commission

In Austria, in cases of discrimination, it is possible, in addition to judicial actions, to initiate proceedings in front of the Equal Treatment Commission. The Equal Treatment Commission creates reports and carries out individual assessments. If an application is submitted by an entitled person, the commission checks if a violation against the Equal Treatment Law exists. An introduction ex officio is also possible. The procedure in front of the Equal Treatment Commission is not a legal procedure. The courts must recognise the results of the commission but are not obliged to follow them because they do not have the force of law. The commission cannot pronounce a claim for damages even though discrimination was determined. That is the responsibility of the courts. In comparison to a legal procedure, the procedure in front of the commission is free and non-public.

Within a procedure at the Equal Treatment Commission, applicants can be represented through a representative or an NGO (cf. § 12 II GBK/GAW-Law). Furthermore, they can be represented by an Equal Treatment Advocate. The Equal Treatment Advocate is a public institution that enforces the right of equal treatment and protects from discrimination. It operates independently. The basis of its work is the Austrian Equal Treatment Law. The advocate consults people affected by discrimination and informs them about legal remedies. Furthermore, the advocate can accompany the affected person to settlement discussions and hearings and initiate a procedure at the Equal Treatment Commission. The consultation and support are free and private.

Litigation Association

In Austria, a litigation association exists (Litigation Association for the Implementation of Rights of Victims of Discrimination) that is an umbrella association of different NGOs. Its aim is to help victims of discrimination to enforce their rights. According to § 62 Equal Treatment Act the litigation association can appear as an intervenor in a legal procedure. An intervenor is somebody who is not a party to a suit but has a legal interest regarding the procedure and participates in order to support a party. In general, everybody can be an intervenor. § 62 Equal Treatment Act names the Litigation Association explicitly so that it does not have to state legal interests. Legal interests are assumed. The intervenor can take own actions with regard to the procedure if they do not contradict with the plaintiff’s interests. The specific procedure is regulated in §§ 17, 19 Code of Civil Procedure.