Summary of children’s rights…
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B. Austria
1. Definition of a child…
Pursuant to Article 1 a child means every human being below the age of eighteen years…
In Austria there are two legal bases which represent the principles of children’s…
The Convention on the Rights of the Child…
The Convention on the Rights of the Child was signed by Austria on 26 January 1990,…
1. Optional Protocol to the Convention on the Rights of the Child on the involvement…
2. Optional Protocol to the Convention on the Rights of the Child on the Sale of…
3. Optional Protocol to the Convention on the Rights of the Child on a Notification…
Federal Constitutional Act (BVG) on the Rights of the Child(30)…
On 20 January 2011, the National Council passed the Federal Constitutional Act on…
The Convention on the Rights of the Child is based on four principles which have…
1. The right to equal treatment: No child shall be disadvantaged on any ground such…
2. The best interests of the child have priority: Whenever decisions are made that…
3. The right to life and development: Every country is committed to ensuring the…
4. Respect for the opinion of the child: All children should be taken seriously and…
Beside that children and youth work is subject to certain legal and institutional…
Based on Austria’s federalist structure, the responsibilities for youth policy and…
Legal framework protecting children against bullying, exploitation, and abuse online…
In relation to child bullying, there are some relevant legal texts that can be relevant.…
Law on School Education…
The Law on school education contains provisions on the information of legal guardians,…
School Organisation Act (SchOG)…
The SChOG contains mainly supervisory duties of the school and the teaching staff.…
Protection against Violence Act…
The Protection against Violence Act (in force since 1 May 1997) provides for the…
Since August 2013, the ban on returning children affected by domestic violence (up…
Criminal Code (StGB)…
The Austrian Criminal Code contains some relevant provisions relating to the protection…
Persistent persecution §107a…
Persistent persecution may also play a role in bullying, but criminal sanctioned…
Continued harassment by means of telecommunications or a computer system §107c Since 1 January 2016, cyberbullying has been punishable by law. The title of the offence used in the Criminal Code (StGB) is “Continued harassment by way of telecommunications or of a computer system”.…
Insulting §115…
The provision of the penal code in the case of insult, provides for sanctions if…
Pornographic representation of minors (§207a)…
§207a of the Criminal Code (“Pornographic Images of Minors”) aims to protect children…
The criminal sanctions for the pornographic representation of minors are very strict…
Incitement (§283)…
The provisions of criminal law concerning incitement to violence, in particular mobbing…
Media Act…
The media law also provides for compensation for victims of slander and abuse, ridicule…
If an objective offence of slander, insult, mockery or defamation is committed in…
Copyright law…
In addition, copyright law grants protection for letters and pictures. Letters, diaries…
Child and Adolescent Employment Act…
Furthermore, the Child and Adolescent Employment Act also protects children from…
Child labour is generally prohibited, according to the Child and Adolescent Employment…
In certain individual cases the employment of children is possible:…
In the case of music performances, theatre performances and other performances as…
Austrian Federal Act against Unfair Competition (“UWG”)…
In the Austrian Federal Act against Unfair Competition (“UWG”), protection against…
To put it simply, advertising that addresses children directly and encourages them…
Advertising restrictions can also be derived from the Austrian laws for the protection…
Austrian Data Protection Act…
The Austrian Data Protection Act grants children a certain level of protection. Mainly…
Laws of the federal states…
In addition to the regulations at the federal level, each federal state has its own…
Additional Notes…
Worth mentioning is also that Austria is one of the countries where children’s rights…
The National Youth Council acts as an advocacy group established by law for all children…
