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Basic Social Rights - Austria - PICUM Flipbook PDF
Basic Social Rights - Austria 1. Right to Shelter Can an undocumented migrant receive accomodation in apublic housing sh
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Basic Social Rights - Austria 1. Right to Shelter
Can an undocumented migrant receive accomodation in a public housing shelter or in a private shelter that receives public funding?
Rejected asylum seekers may spend short periods in shelters maintained by NGOs, which mainly cater to the needs of asylum seekers, and which are supposed to be refunded by the government (the government only shelters about a third of asylum seekers). However, the refunding has recently been problematic.
Is it legal for a landlord to rent out an apartment to an undocumented migrant?
In Austria, a landlord has to make sure that his/her tenant registers with the authorities. Thus, there is no legal way to rent out an apartment to undocumented migrants. This relegates them to the gray market, which leads to overpriced and unsanitary living quarters. For this reason, there are also several associations in Austria that rent apartments where undocumented migrants can get accommodation.
2. Right to Health Care
Do undocumented migrants have access to public health care / is there a special health service only for undocumented migrants?
No. Even for asylum seekers, access to (free) health care is not guaranteed. However, there are some NGOs that try to meet asylum seekers’ and undocumented migrants’ needs in this field. Undocumented migrants can always be private patients, but the costs are high. Some organizations intervene at the stage when a bill cannot be paid, either trying to get it cancelled or reduced, or by footing it themselves.
Do health care professionals have the duty to report an undocumented migrant to the authorities?
No, there is not such obligation.
3. Right to Fair Labour Conditions
Does national labour law stipulate that an employer is obliged to pay an undocumented migrant for work done, even if the worker does not have a legal residence or work permit?
No information provided.
If an undocumented migrant has an accident at the workplace, can s/he receive coverage from Social Security (via accident insurance) to cover the costs of treatment or care?
No information provided.
Can an undocumented migrant bring a court case against an employer for withheld wages?
No information provided.
4. Right to Organise
Do undocumented migrants have the right to organise?
No information provided.
Can an undocumented migrant be a member of a trade union?
The ÖGB, the confederation of Austrian trade unions, is not supportive of undocumented migrants. Although they advocate a crackdown on the employers rather than the employees, the effect on the undocumented migrant worker is still immediate deportation. Membership of undocumented migrant workers in trade unions in Austria is not considered.
5. Right to Education and Training
Can undocumented children under the age of 18 enroll in schools?
In Austria, school attendance is obligatory for nine years (starting at the age of six). Therefore, residence status does not exclude minors from education. However, in the Traiskirchen reception center, children are not allowed to attend school. There have also been cases, especially involving African children, where the school authorities refused the children because of their residence status. Problems usually get worse at the level of vocational training (because there is also an element of work, which means that there has to be a work permit).
Are schools obliged to report the presence of undocumented children/adolescents to the authorities?
No information provided.
Do schools receive any funding for these children/adolescents?
No information provided.
Do undocumented adults (over the age of 18) have the right to education and training?
No. There are, however, several NGOs that offer training (German courses, computer training, etc.) to undocumented migrants.
6. Right to a Minimum Subsistence
Do undocumented migrants have a right to welfare benefits from the government?
Social support and welfare benefits are subject to regulations of each individual federal state in Austria. Therefore, the system is quite complicated. However, the trend is to generally exclude undocumented migrants, as well as asylum seekers, from public assistance.
7. Right to Family Life
Can an undocumented migrant legally get married or legally cohabitate?
The right to marriage and family life, as laid down in the European Convention on Human Rights, Art. 8, has constitutional status in Austria. Therefore, in theory there is a right to marriage. Nevertheless, the authorities do try to make marriage difficult for undocumented migrants.
Is it legal to deport an undocumented migrant without his/her spouse or child/ren?
No information provided.
8. Right to Moral and Physical Integrity
Are there rules and regulations upholding the right to integrity of undocumented migrants in this country?
No information provided.
Has this country been condemned for not respecting international agreements concerning protection of the personal integrity of undocumented migrants?
Detention practices in Austria have been criticized several times over the last years, by international organisations such as the UNHCR, the Committee for the Prevention of Torture, Amnesty International, and by Austrian NGOs and human rights experts. The main issues were the lack of a review by a judge (detention is decided upon by the Foreigners Police), the detention of asylum seekers, the detention of particularly vulnerable individuals such as minors or victims of torture. But also the sanitary, medical and social circumstances of detention, the right to appeal and visiting rights were criticized.
Are detention centres accessible to non-governmental organisations?
The detention in order to ensure a procedure of deportation, expulsion or of a ban from staying in Austria usually takes place in special sections of prisons. The law stipulates that it should be as short as possible, but it can be extended to up to two months, in exceptional cases up to six months. Since 1998, the government has had contracts with NGOs to ensure the care of detainee (“Schubhaftbetreuungsverträge”). The goal of these contracts is to ensure social, humanitarian and psychological care and juridical advice for detainees. However, there is no general visiting right for NGOs that have such contracts. The detainee him/herself has to apply. This procedure is explained to the detainees in a short leaflet they receive.
9. Right to Legal Aid
Are undocumented migrants entitled at any time to free legal aid from a jurist or lawyer?
There are several NGOs which offer free legal counseling to undocumented migrants.
Can undocumented migrants freely assert their rights in court and in the appeals court?
No information provided.