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Austria - Consideration of reports submitted by States parties under Article 12(1) of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography: Initial reports of States parties due in 2006 [2007] UNCRCSPR 24; CRC/C/OPSC/AUT/1 (12 September 2007)
UNITED NATIONS
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CRC
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Convention on the Rights of the Child
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Distr.
GENERAL CRC/C/OPSC/AUT/1 12 September 2007
Original: ENGLISH
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COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF
REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 12 (1) OF THE OPTIONAL
PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN,
CHILD PROSTITUTION
AND CHILD PORNOGRAPHY
Initial reports of States parties due in 2006
AUSTRIA
[20
July 2007]
GE.07-44025
Article 3 (paras. 1 and
3)
- With
respect to the term “child” which, for the purposes of the
Convention on the Rights of the Child (CRC), is used in
relation to persons
under 18 years of age, several concepts used in Austrian law must be explained
in more detail. According to Section
74 paragraphs 1(1) and (3), of the Austrian
Criminal Code (StGB), an underage person (Unmündiger) is a
person under 14 years of age, a minor (Minderjähriger), a
person under the age of 18, while an adolescent (Jugendlicher) is a
person who has completed the 14th year of age, but not yet the
18th year of age (Section 1, subparagraph 2 of the Youth Court Act
[Jugendgerichtsgesetez – JGG].).
Article 3, paragraph 1(a) (i)
- According
to Section 104, paragraph 1 of StGB, any one who trafficks in slaves
(Sklavenhandel) is punished by imprisonment from ten to twenty
years. Paragraph 2 of this Section also makes punishable anyone who induces the
enslavement
of another person or causes him or her to be brought into a
slavery-like situation or causes this person to submit to slavery or
to a
slavery-like situation. The concept "slavery-like situation"
(sklavereiähnliche Lage) also includes debt bondage
(Schuldknechtschaft), serfdom (Leibeigenschaft) and forced
or compulsory labour, including forced or compulsory recruitment of children for
their involvement in armed conflict.
- Section
104(a) of StGB specifically serves the purpose of implementing article 3 (1)
(a)(i) in conjunction with article 2(a) of the
Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography
(OPSC), and already penalizes certain acts
and actions preparing for a subsequent exploitation of a person. Under this
section, anyone
who recruits, harbours or otherwise accommodates,
transports or offers or passes a minor on to another person with the
intention to exploit the minor sexually or by removing of his organs
or by exploiting his labour, is to be punished by imprisonment up to three
years.
- Anyone,
who commits the above-mentioned offence by using force or serious threat, is to
be punished by imprisonment from six months
to five years. If the offence has
been committed by a person, who is a member of a criminal organization against
an underage person,
by using serious violence or in such a way, that the
offence, either deliberately or by gross negligence, constitutes a danger for
the victim’s life or results in a particularly severe disadvantage for the
victim, is to be punished by imprisonment from one
to ten
years.
- Taking
into account the special vulnerability of underage persons, the Austrian
Government decided to generally qualify the commission
of a criminal offence
against underage persons as a penalty-increasing qualification
- Exploitation
(Ausbeutung) means that the vital interests of the victim are suppressed
to a substantial extent and with a lasting effect. This connotes that an
offence constitutes a crime of sexual exploitation when minors are forced or
induced to perform a sexual act or to be involved
in sexual acts which are
harmful to their normal sexual and moral development. According to
Section 90 of StGB, exploitation by removal of organs means the retrieval of
organs from a living person without his/her
consent and for the benefit of a
third party, or if such consent cannot be legally given. The term "no legally
effective consent"
of the victim applies therefore, if the consent (of the
person entitled to child custody) was obtained by force, threat or deceit,
or if
it violates public morals or it was not given at all. In this context, it is
worthy to note that under Austrian civil law,
underage persons can never give a
legally effective consent to such acts of legal significance due to the absence
of their full legal
capacity. In such cases, consent of the legal representative
or other persons entitled to child custody, also requires a permission
of the
Guardianship Court (Pflegeschaftsgericht)
- Exploitation
of labour (Ausbeutung der Arbeitskraft) means reckless exploitation of
the victim. It thus criminalizes any behaviour which does not yet constitute
slavery or a situation
similar to slavery, but nevertheless, is harmful to the
vital interests of the victim, e.g. if labour is not or absolutely
insufficiently
remunerated, the permissible or reasonable working hours have
been excessively extended over a longer period of time, or the working
conditions are unacceptable.
- As
with other offences, this provision does not only penalize offenders who act for
their own benefit, but also the exploitation by
a third party.
- As
an accompanying measure, the sale of children by their parents or legal guardian
can also constitute the offence of negligence
of care, education or supervision,
and is punishable under Section 199 of StGB by imprisonment up to six
months or a fine of up to 360 daily rates.
- Since
parents have a guarantor's position (Garantenstellung)
concerning the physical and mental integrity of their children according to
Section 2 of StGB, their acceptance of the sale of a child
for the purpose of
sexual exploitation, exploitation by removal of organs or by engagement in
forced labour, may also result in criminal
liability by omission (Sections 2 and
104(a)) (if the parents are not already criminally liable as immediate or
assisting offenders).
As soon as a minor under 16 years of age is taken away
from his/her legal guardian, the elements constituting the offence of child
abduction (Kindesentziehung) under Section 195 are
fulfilled as well.
Article 3, paragraph 1(a)(ii)
- Section
194 of StGB specifically serves the purpose of implementing article 3(ii) of
OPSC. Under Section 194, paragraph 1, anyone
who, by granting an advantage to
that person or to a third party, makes a person, who is entitled to give that
consent, consent to
the adoption of a minor by another person, shall be
sentenced by imprisonment up to two years. The offender does not have to grant
an advantage to himself/herself, and the mere fact that he/she acts as an
intermediary granting an advantage to a third party, such
as the prospective
adoptive parents or to a person whose consent is required, or to a third party,
is sufficient to incriminate
him/her[1]. The decisive
circumstance is that the person consents to the adoption because of the
advantage granted to him or her, or in other
words, he/she consents to the sale
of the child for adoption. The constituent element of "advantage" has a wide
meaning and it comprises
not only material objects or pecuniary benefit
(Vermögensvorteil), but also everything that may constitute an
indirect, and in some cases only an (substantial) immaterial advantage. The
advantage
must have been granted either to persons whose consent is required or
to a third party, e.g. to a close relative. Paragraph 2 of
the cited Law
provides for a penalty-increasing qualification; if the offender commits this
offence with the intention of deriving
a pecuniary benefit for himself/ herself
or for a third party (Section 5, para. 2 of StGB), with imprisonment up to three
years.
- This
provision is directed against persons who act as intermediaries in an intended
adoption, where a person whose consent is required
receives a benefit in return.
This provision shall prevent the preparation or encouragement of such adoptions
by a third party. To
prevent the adopting married couple from being considered
as an intermediary in relation to each other, paragraph 3 of the cited
Law
explicitly excludes the adopter and also the adopted child from liability to
penalty.
Article (3)(b)
- Sections
206 and 207 of StGB penalize any sexual contact with underage persons. Under
Section 206, anyone who has sexual intercourse
or performs a sexual act equal to
sexual intercourse with an underage person, or induces an underage person to
perform a sexual act
or to have a sexual act performed on him, shall be
sentenced to imprisonment up to ten years. The offence is qualified by bodily
injury, pregnancy or the death of the underage person, in the latter case the
imposition of life imprisonment is also possible. Section
207 penalizes other
sexual acts performed on underage persons, the basic penalty being imprisonment
of six months and up to five
years. Under Sections 201 and 202, if the offender
performs such sexual acts by using force, deprivation of freedom or by serious
threat, he or she fulfils also, due to simultaneous commission of two or more
offences during an illegal act (Idealkonkurrenz), the elements
constituting the offence of rape or sexual coercion (geschlechtliche
Nötigung)..
- Under
Austrian criminal law, the uniform “protective age”
(Schutzalter) for self-determined, consensual sexual acts by minors is
fourteen years. However, the law provides for a very extensive criminal
protection of under 18 year-old persons from sexual
exploitation.
- Section
207(b) of StGB also aims to protect adolescents who have not yet completed the
16th or 18th year of age from sexual abuse.
This provision has been adopted to
protect juveniles who, for certain reasons, are not sufficiently mature to
understand the meaning
of a sexual act or to act according to this understanding
or whose capability to do so is clearly limited. Under paragraph 3 of the
cited
Law, anyone who induces a minor (under 18 years of age) to perform a sexual act
or to have a sexual act performed on him by
directly offering him/her money,
shall be sentenced to imprisonment up to three years. It is also worth
mentioning Section 208 which
protects persons under the age of 16 from moral
endangerment, and Section 212 which penalizes the abuse of a position of
authority
(Missbrauch eines
Autoritätsverhältnisses).
- Section
214 of StGB penalizes procuring sexual contacts with underage persons in return
for remuneration. Anyone who, with the aim
of gaining a pecuniary or another
advantage, arranges a personal contact between an underage person and a third
party for the performance
of a sexual act, is to be punished by imprisonment of
six months up to five years. If the person has reached the age of 14, the
maximum
term of imprisonment is reduced to two years.
- Under
Section 215 of StGB, anyone who induces another person to engage in prostitution
is to be punished by imprisonment up to two
years. According to Section 74
paragraph 1(9), prostitution is defined as performing sexual acts or having
sexual acts performed
on oneself in exchange for remuneration with the intention
to derive a continuous income for oneself or a third party from recurrent
performance of this kind of activity. For the purposes of this provision, to
“induce” a person to something means the
exertion of strong
influence targeted to change the whole life of the person causing him or her to
submit to prostitution.
- Section
215(a) of StGB explicitly serves the purpose of implementing article 3(1)(b) in
conjunction with article 2(b) of OPSC and
penalizes the promotion of
prostitution (Förderung der Prostitution) and
pornographic performances involving minors (pornographische
Darbietungen Minderjähriger). Anyone who recruits or offers or
procures a minor to a third party, regardless of whether he/she already
engages in prostitution, to engage in prostitution or to participate
in
pornographic performances, or offers or procures such a person to another person
for that purpose, shall be sentenced to imprisonment
up to three years. The same
punishment shall be imposed on anyone who exploits a minor engaged in
prostitution or participating in a pornographic presentation in order to
obtain a pecuniary benefit for himself/ herself or for a
third
party.
- Anyone
who commits any of the aforementioned offences as a member of a criminal
organization, by using serious violence against a
person, or in such a manner
that the offence, either with intent or gross negligence, jeopardises
the life of that person or results in a particularly severe
disadvantage for him/her, shall be sentenced to imprisonment from six months
to
five years. Anyone who commits such an offence against an underage person (under
14 years) shall be sentenced to imprisonment
from one to ten
years.
- The
aforementioned provisions aim at providing a very extensive protection to minors
from sexual exploitation, by penalizing not only
persons offering children for
sexual exploitation but also consumers. The victim is not punishable as he/she
is the “object”
protected by this provision, and his/her consent
(e.g. on account of the remuneration received) is of no legal
relevance.
- Under
Section 215(a) of StGB, "Recruiting" (anwerben) means to commit somebody
to engage in prostitution or to participate in a pornographic presentation.
"Offering" (anbieten) is the explicit or implied declaration of the
willingness to arrange a personal contact between the potential "customer" and a
minor,
for a professional performance, whether active or passive, of a sexual
act for remuneration (prostitution); the same is applicable
to procuring
participation in a pornographic presentation. An offer as such is sufficient to
incriminate regardless if it is accepted
or not .Thus it is not only punishable
to personally offer such kind of contacts to somebody, but also to make such
offers through
advertisements. The term “procuring”
(vermitteln) means arranging such contact as an intermediary. In
case of procuring a sexual contact without remuneration for the purpose of
gaining
a pecuniary benefit for oneself, Section 214 must be considered.
- A
pecuniary benefit could be money, but also real values (e.g. board and lodge).
“Exploitation“ (Ausnützen) means that the
offender provides none or only negligible service in return for material
advantages received which exceed the value
of a tip. “Participation”
(Mitwirken) means direct (active or passive) participation in a
presentation which has to be considered pornographic. A person participates in
a
pornographic presentation if he/she performs a sexual act as an act in itself,
independent from any other expressions of life for
the sexual stimulation of an
observer, on himself/herself, on another person or with an animal, has such a
sexual act performed on
him/ herself by another person or presents his/her
genitalia or pubic area in such a manner (legal definition in paragraph 3 of the
cited Law). "Performance" (Darbietung) means any kind of live
presentation meant to be watched by spectators, e.g. within the scope of a
theatrical or dance performance,
a striptease or a so-called "peep
show".
- A
penalty-increasing qualification applies if the offence is committed as a member
of a criminal organization (kriminelle
Vereinigung)[2], by using serious
violence (schwere
Gewalt)[3] or in such a manner
that the offence, either with intent or gross negligence, jeopardizes the
life of the minor, or results in a particularly severe disadvantage for
him/her.
- Furthermore,
Section 216 of StGB (procurement) (Zuhälterei) which penalizes
exploitation of a prostitute (this provision is construed neutrally as to
gender) and Section 217 (transborder trafficking
for prostitution)
(grenzüberschreitender Prostitutionshandel), which aim at protecting
persons, irrespective of their age or gender or whether they are already engaged
in prostitution or not,
from being procured or recruited for prostitution in a
foreign State.
Article 3, paragraph 1(c)
- Section
207(a) of StGB explicitly serves the purpose of implementing article 3
(1)(c) in conjunction with article 2(c) of OPSC, and criminalizes all forms of
production of, and trade in pornographic representations of minors as
well as the acquisition and possession of such representations (imprisonment up
to three
years). Under this provision, anyone who, for the purpose of
dissemination, produces or imports, transports or exports or offers,
procures,
makes available, presents or otherwise makes accessible to a third party any
pornographic material involving a minor, commits
a punishable offence. This
provision thus penalizes any kind of child pornography traffic and
dissemination. A pornographic representation involving minors
(pornographische Darstellung Minderjähriger) is defined in
Austrian criminal law as the realistic representation of a sexual activity
performed on an underage person (person under
14 years) or of an underage person
on him/herself, on another person or with an animal, as well as a realistic
representation of
activities involving an underage person which, due to their
nature, produce the impression of showing a sexual activity performed
on an
underage person or a sexual activity performed by the underage person on
himself/herself, on another person or with an animal.
In addition, this applies
to all realistic representations of genitals or the pubic area, insofar as they
are distorted for no purpose
other than to arouse sensation, and independent
from any other expressions of life for the sexual stimulation of an observer, as
well as to all visual representations, which as a result of a modification or
not, under given circumstances convey the impression
to be such a
representation.
- As
regards minors who have reached the age of consent (14 to 18 years of age),
generally the same applies as to minors under the age
of consent, only that in
this case the representation of the aforementioned sexual activities or
aforementioned actions must be in
the same way distorted for no purpose other
than to arouse sensation, and independent from any other expressions of life for
the
sexual stimulation of an observer, to fulfil the elements constituting this
offence.
- The
method, medium, material or storage device of the representation is legally
irrelevant. The relevant representation may be a photograph,
slide, any other
kind of visual representation or film, as well as a computer disk, CD-ROM, DVD,
computer game and a similar object.
The term "representation" comprises
unmodified representations of real activities or real events with real persons
or representations
of real persons, as well as virtual pictures, i.e.
representations which are based on a representation of real things and have been
correspondingly altered or generated completely artificially. The Austrian law
also penalizes the offence of "simulated pornography"
(Anscheinspornographie), i.e. representations of real events which
involve a minor in such a way that an objective observer gets the impression of
a real
sexual activity, even when the offender knows that, in actual fact, no
sexual act has been performed.
- A
penalty-increasing qualification applies if the offence is committed on a
commercial basis (Gewerbsmäßigkeit) by a person who is a
member of a criminal organization (kriminelle
Vereinigung)[4], in such a manner
that it results in a particularly severe disadvantage for the minor, or if the
offender produces pornographic material
involving a minor by using serious
violence (schwere Gewalt)[5],
or if he/she, either with intent or by gross negligence, jeopardizes the life of
the depicted minor when producing the pornographic
material.
- The
own private use (Eigengebrauch) of pornographic representations of
minors is punishable insofar as obtaining and possessing such materials
constitutes a criminal
offence (imprisonment up to one year in case of minors at
the age of consent, and up to two years in case of minors under the age
of
consent, respectively). Obtaining such representations on the Internet and their
storage on a storage medium is also punishable
under the same provision.
Importing, transporting and exporting for own use is punishable as well.
The punishability of the production and possession of pornographic
representations of minors at the age of consent is excluded when it
is targeted
for the personal use by the minor and done with his/her free consent. The same
applies to the production and possession
of virtual pornographic materials
showing minors at the age of consent, if no real pornographic material has been
used in the process
of production, and if targeted for own private use, provided
that the act does not entail the risk of it being disseminated.
Article 3, paragraph 2
- According
to Section 12 of StGB, not only the immediate offender, but also anyone who
instigates another person to commit an offence,
as well as any person who
contributes to its commission by aiding and abetting, will face the same level
of punishment. The Austrian
Government thus has decided to stipulate that every
person who causally contributes to the commitment of an offence is considered
an
offender, even if the different forms of participation are defined separately in
the respective provision. The liability to penalty
of two or more persons
involved is independent of each other. Assisting offenders are thus also
punishable if the immediate offender
is exempted from criminal liability due to
for example insanity defence (Schuldunfähigkeit), or is under the
age of criminal liability (Strafunmündigkeit) (monistic model
of perpetration -funktionale Einheitstäterschaft). Every offender is
criminally liable for the committed offence by his/her individual guilt, and
his/her activity must fulfil particular
elements of criminal intent defined for
the respective criminal offence.
- Pursuant
to Section 15 of StGB, the criminal liability for intentionally committed
offences does not only refer to a perpetrated,
but also to an attempted offence
and participation in an attempt. The attempt is thus, generally speaking,
punishable like a perpetrated
offence. The fact that an attempted offence has
not been completed is only a mitigating circumstance according to Section 34,
subparagraph
13. The punishability of an attempt (Strafbarkeit des
Versuchs) does not only apply to the person who directly undertook
the attempt, but also to every person participating in the attempt. Inducing
someone to, and assisting in an offence, which does not get beyond the stage of
attempt, is punishable as an attempt to commit an
offence. In addition, the
attempted committal of an offence as well as the attempt to induce another
person to commit an offence
is also punishable. However, under Austrian law, the
attempt to assist in the commission of an offence is not punishable, provided
that the actual committal has not been “at least” attempted impunity
of attempted assistance (Beitragsversuch).
Article 3, paragraph 4
- The
Austrian Law on Criminal Liability of Enterprises Having Legal Personality
(Verbandsverantwortlichkeitsgesetz – VbVG), entered into force on 1
January 2006, and established the criminal liability of enterprises (legal
entities and certain joint
partnerships (Personengesellschaften) for
every punishable offence, thus also considering all offences prohibited by
article 3, paragraph 1 of OPSC. VbVG establishes
the criminal liability of
decision makers, as well as of employees. Sanctions provided by the Act are
fines based on the economic
capacity of the liable enterprise. Proceedings
against entities are carried out under the Code of Criminal Procedure
(StPO).
Article 4
- According
to Section 62 of StGB, the provisions of the Austrian Penal Code are applicable
to all offences which have been committed
in Austria. According to Section 63,
they also apply to offences committed on board of an Austrian ship or aircraft,
no matter where
it is located.
- In
addition, according to Section 64, paragraph 1(4) of StGB, irrespective of the
law of the territory in which the offence has been
committed, offences
committed abroad are punishable under the Austrian Criminal Code,
particularly in cases of slave trafficking (Section 104), trafficking in
human beings (Section 104(a)) or trans-border trafficking for prostitution
(Section 217), and if the offence violates
Austrian interests or the culprit can
not be extradited. Austrian interests are affected, for example, if the criminal
offence has
been committed against an Austrian national. The extradition is not
possible, if, for example, the offender is an Austrian national
or a national of
a foreign State and all efforts towards his extradition have remained fruitless.
Under paragraph 4(a)of the cited
Law, the provisions of Austrian law ,
regardless of the provisions of the law in the territory in which the offence
has been committed, apply also to criminal offences which have been
committed abroad if they constitute an aggravated sexual abuse of
underage persons (Section 206), sexual abuse of underage persons (Section
207), pornographic representations involving minors under Section 207(a),
paragraphs 1 and 2, or sexual abuse of minors under Section 207(b),
paragraphs 2
and 3, or the promotion of prostitution and pornographic performances
involving minors (Section 215(a)), or pornographic representations involving
minors (Section 207(a), paragraphs 1 and 2), and the offender is an Austrian
national and has his or her habitual residence (gewöhnlicher
Aufenthalt) in Austria. According to this provision, Austrian nationals who
have their habitual residence in Austria are also criminally liable
if they, as
sex tourists, buy a sexual contact with persons under age, even if these
activities are not punishable under the laws
of the respective foreign country.
The same applies to the sexual abuse of minors under 16 years of age (Section
207(b), para 2)
if the offender exploits a situation of distress of the victim,
e.g. drug addiction, illegal stay, homelessness (Ausnützung einer
Zwangslage).
- As
far as Austrian jurisdiction is not already established on ground of the
aforementioned provisions, the general provisions of Section
65 of StGB may also
apply (in case of offences committed abroad). Under this provision, Austrian
nationals as well as foreign nationals
caught in Austria who cannot be
extradited on other ground than the character of their offence, are, subject to
Austrian jurisdiction
also for offences committed abroad, provided that the
principle of double criminality applies.
Article 5
- With
respect to this article, no special measures were required, since international
conventions are, according to Austrian law, self-executing
on
ratification.
- Concerning
paragraph 2, it is noted, that Austria does not make an extradition conditional
on the existence of a treaty.
- Concerning
paragraph 5, reference is made to relevant provisions of Section 65 of StGB.
Article 6
- Austria
can afford mutual legal assistance on the basis of numerous bilateral and
multilateral treaties and arrangements, in particular
the European Convention on
Mutual Assistance in Criminal Matters, of 20 April 1959 and its First Additional
Protocol, as well as
the Convention on Mutual Assistance in Criminal Matters
between the Member States of the European Union of 29 May .2000. Also, in
the
absence of a treaty or arrangement, judicial assistance can be afforded if the
principle of reciprocity applies.
Article 7
- Section
26 of StGB provides for the confiscation of items (Einziehung von
Gegenständen) used or intended to be used to commit an offence
or resulting from an offence, provided that the items, due to their specific
character,
represent the risk of being used for the commitment of new punishable
offences (e.g. falsified documents, counterfeit money).
- The
confiscation of proceeds of crime (Abschöpfung der Bereicherung)
under Section 20 of StGB provides for the seizure and confiscation of
property which the offender derived from criminal activities.
A confiscation may
also be imposed on persons who have not committed an offence, but, received an
economic advantage from criminal
offences and thus benefited from proceeds of
crime, since it is legally insignificant if a person did actually know about the
criminal
origin of the property. The confiscation of proceeds of crime can also
be applied to legal persons. This provision does not require
the property
derived from offences to be still directly accessible. It can already also have
been transformed through money laundering
into other forms of property. In
addition, property controlled by a criminal organization or deriving from an
offence which is not
punishable under Sections 62 to 65, may be declared
forfeited (verfallen) under Section 20(b).
Article 7 (b)
- Requests
by another State party for seizure or confiscation can be executed on the basis
of the European Convention on Mutual Legal
Assistance in Criminal Matters of 20
April 1959, (Federal Law Gazette No. 41/1969), and from Member States of the EU
also on the
basis of the Framework Decision of 22 July 2003 on the execution in
the European Union of orders freezing property or evidence, (Official
Journal of
the European Union L 196 of 2 August 2003), or the Framework Decision of 6
October 2006 on the application of the principle
of the mutual recognition to
confiscation orders, (Official Journal of the European Union L 328 of 24
November 2006) (the implementation
period concerning the latter has not yet
expired). In the absence of a treaty or another arrangement, such requests may
be executed
on the basis of Section 56 et seq. and 64 et seq. of the Law on
Extradition and Mutual Judicial Assistance (ARHG), provided that
the principle
of reciprocity applies.
Article 8 (para. 1(a) to (d) and (g) and para. 3)
- According
to the Austrian Code of Criminal Procedure (StPO), witnesses in pre-trial
proceedings (Vorverfahren) are basically heard by the investigating judge
without the presence of other parties or witnesses (Ausschluss der
Parteienöffentlichkeit). Every witness, however, has the right
to have a trusted person present during the interrogation (Section 162, para. 2
of StPO). In
case of an examination of persons under 14 years of age, the
presence of a trusted person is generally required, as far as this serves
their
interests (Section 162, para. 3). If charges are filed, the witness has to
appear before the court at the main trial and to
give evidence again (principle
of immediacy), to wit generally in presence of all parties involved.
Nevertheless, according to Section
250, paragraph 1, the court (presiding judge)
may exceptionally temporarily exclude the accused from the courtroom while a
witness/co-defendant
is testifying. This provision shall give the
witness/co-defendant the opportunity to give evidence without fear or favour.
There
is a similar provision for juvenile defendants (see Section 41 of the
Juvenile Court Law - JGG). According to Section 229, paragraph 2 of StPO,
the court may, ex officio or upon request, exclude the public from the main
hearing if details about the private or intimate sphere of the defendant,
witness or a third party is to be discussed, and the protection
of vulnerable
interests so requires.
- The
Austrian Code of Criminal Procedure does not define any age-limit allowing or
requiring a child to be heard as witness in court.
Hence, it lies in the
discretion of the respective court and its consideration of evidence to assess
the capacity of a witness to
give evidence in court (Section 151, para. 1(3)of
StPO). According to established precedents, children from the age of five are
considered
capable of being examined (in the presence of a child psychologist).
However, this jurisprudence does not exclude in general the
capability or
capacity of even younger children to testify. Since a child victim is often the
only person, that can, from his or
her own perception, give evidence about the
circumstances of a crime, his/her examination is usually necessary to establish
the material
truth. The failure to examine a child victim as a witness may even
constitute a ground of nullity under Section 281, paragraph 1(4)-
violation of
the rights to defence (art. 6, paras. 1 and 3 (d) of the European Convention on
Human Rights).
- Nevertheless,
in order to prevent that children be required to describe, in presence of the
accused/defendant, humiliating and painful
treatment they have suffered, the
Criminal Procedure Amendment Act (Strafprozessrechtsänderungsgesetz)
adopted in 1993, (Federal Law Gazette. No. 526/1993) provides for the
instruments of adversary and considerate witness examination
(Section 162(a) of StPO).
- The
Criminal Procedure Amendment Act of 1998 (Federal Law Gazette. I No. 153/1998)
further intensified and extended the range of application
of the adversary
examination and considerate examination. This was not only, on the one hand, a
crucial step to improving the examination
of children in court, which always
entails a great emotional strain and distress for the young witnesses, but, on
the other hand,
it was also a vital contribution to improve the process of
establishing the material truth, particularly since witness statements
of the
victims are in many cases decisive in a court trial.
- An
adversary examination (kontradiktorische Vernehmung) under Section
162(a), paragraph 1 of StPO, has to be conducted in such a way that the public
prosecutor, the accused and his/her defender
as well as the private participant
(Privatbeteiligter) are given the opportunity to take part in the
examination and to put questions to the witness. An adversary examination is
required
if there are reasons for the assumption that an examination of the
witness in the main hearing will not be possible for reasons of
fact (e.g.,
illness) or law (e.g., right to refuse to give evidence). This measure provides
the victim with the opportunity to make
a statement – having still a vivid
recollection of the criminal act and with living emotions – while avoiding
an immediate
confrontation with the accused.
- The
so called “considerate” examination (schonende Vernehmung)
provided for by Section 162(a), paragraph 2 of StPO is a special form
of adversary examination and allows the witness to stay in a separate room when
questioned by the public prosecutor, the defendant and his/her defence counsel,
without violating the rights of the accused and the
public prosecutor in
accordance with article 6, paragraphs 1 and 3(d) of the European Convention on
Human Rights. Such “restricted”
examination is mandatory in relation
to underage victims of criminal offences that may have been harmful to their
sexual sphere.
This connotes that persons underage have the right, in the course
of a judicial proceeding only once, to be examined by the investigating
judge
and an expert in presence of a trusted person (e.g. mother or other relatives)
in a considerate way and with restricted participation
of the parties involved,
and to refuse thereafter to testify again, in particular in the main hearing
(Section 152, paragraph 1(3),
and Section 252, paragraph 2(a) of StPO). In
addition, Section 162(a), paragraph 3 provides for the right to considerate
examination
to all other underage victims, witnesses who are relatives of the
accused and all other persons who may have been harmed by a criminal
act in
their sexual privacy (Section 152, paragraph 1(2)(a)) if they so
request.
- In
order to improve the implementation of this regulation, appropriate examination
rooms for children have been established within
Provincial Courts
(Landesgericht). In these rooms children can be, in surroundings
suitable for children, informed about their rights by an expert (a child
psychologist,
child psychotherapist or child psychiatrist) in a language
suitable for children in presence of the judge, and questioned about the
circumstances of the offence. The public prosecutor, the defence counsel and the
accused have the opportunity to follow the examination
and to ask supplementary
questions in a separate room using audio-visual equipment. The record of this
examination can be read out
and the respective videotape recording can be shown
in the main hearing (Sections 152, paragraph 1(3), 162(a), paragraph 2, 252,
paragraph 1(2)(a)of StPO); the videotape recording is, according to Section
271(a), last sentence of paragraph 2, part of the court
file and may not be
deleted). The considerate examination is also applicable (Section 250, paragraph
3) in the main hearing. This
provision shall reduce the risk of exposing
traumatised persons to secondary victimization to a minimum.
- In
addition, victims who may have been harmed by a criminal act in their sexual
sphere have a relative right to refuse to give evidence,
i.e. they can refuse to
answer questions relating to unbearable details of the criminal offence or their
very private sphere (Section
153, paragraph 2 of StPO). However, the court may
require a victim to testify when his/her statement is crucial for the trial
(para,
1 of the cited Law). An additional measure to protect the privacy of the
witness provided for by the Austrian Code of Criminal Procedure
is to allow the
witness to choose if he/she wishes to declare his/her permanent residence or
another address, suitable for the serving
of summons. The witness is thus not
required to declare his/her residential address, and the accused has also no
unconditional right
to learn the place of residence of the
witness.
- The
Federal Act of 1 January 2006 amending the Code of Criminal Procedure of 1975,
the Public Prosecution Act (Staatsanwaltschaftsgesetz) and the Act
on the Erasure of Convictions and Limitation of Information
(Tilgungsgesetz), (Federal Law Gazette. I, No. 119/2005), was another
crucial step towards the improvement of the rights of the victim. It provides
for the unconditional right of the victim and the obligation of all authorities
involved in criminal proceedings to treat the victim
with respect and dignity,
give due consideration to his/her rights and interests and instruct him/her on
his/her rights in criminal
proceedings as well as on the possibility to receive
compensation or assistance throughout the legal process. In addition to that,
victims of violent or sexual crimes have a right to receive psychosocial and
legal assistance and must be informed about this right
during their initial
examination taking reference to specialized victims of crime support
organizations (Opferschutzeinrichtungen).
- In
this context, psychosocial assistance includes preparation of the victim for the
trial and the emotional stress inherent to it;
accompanying him/her to
examinations in the preliminary proceedings and main trial; and legal assistance
includes legal advice as
well as representation by a counsel (Section 49(a) of
StPO). The particularly urgent concern of improving the rights of the victim
has
been considered by implementing a legal right to psychosocial and legal
assistance (psychosoziale und juristische Prozessbegleitung) to victims
of deliberate offences which exposed them to serious violence or serious threat
and may have been harmful to their sexual
integrity, as well as to close
relatives of a person whose death could have been caused by a criminal offence,
or other relatives
who have been witnesses of an offence (Section 49(a), first
sentence of paragraph 1). A person is entitled to receive this assistance
if it
is required for the protection of his/her rights as a victim of an offence, a
fact that has to be assessed by the respective
institution. In addition, victims
now have, regardless of their respective position as an injured party or private
participant, at
every stage of proceedings the right to access to files (Section
49(a), last sentence of paragraph 1).
- Other
essential measures to improve the protection of victims include the extension of
the obligations to inform and notify the victim
about certain facts. Thus, all
authorities involved in a criminal proceeding have the duty (Section 47(a),
paragraph 1(1)of StPO)
to inform the victim of compensation or assistance he/she
may be entitled to receive, e.g. under the Victims of Crime Act
(Verbrechensopfergesetz), as well as of the requirements to receive
psychosocial or legal assistance and about respective victims of crime support
organizations,
to wit before the first examination (Section 47(a), paragraph
1(2)). In addition, victims of sexual offences must be instructed on
their right
to considerate examination in preliminary proceedings and main hearings, on the
possibility to refuse to answer certain
questions, as well as on their right to
request exclusion of the public from the main hearing (Section 47(a), paragraph
2 in conjunction
with Section 229, paragraph 2). The duties of the public
prosecutor's offices and courts have also been expanded in this area. These
authorities have now the duty to inform the victim in case of an early
termination of criminal proceedings in minor or less severe
cases under Title
IXa (Diversion), or in case of a termination or discontinuation of the
proceeding against a known offender or a
continuation of the proceeding. In
addition, victims which are entitled to psychosocial or legal assistance must be
notified about
the release of the suspect/accused from custody (Section 177,
last half sentence of paragraph 2, and Section 195). In addition to
that,
victims have the right to free assistance by a translator or interpreter, as far
as this is required for the protection of
their rights in criminal proceedings,
in particular their right to join the proceeding as a private participant
(Section 47(a), paragraph
4 in conjunction with Section 38(a), paragraph 1). In
addition, the costs of psychosocial or legal assistance are now included in
the
catalogue of procedural costs to be borne by the accused (Section 381, paragraph
1(9)).
Article 8, paragraph 1(e)
- Protection
of the identity of victims is provided for in Section 7(a) of the Austrian Media
Act (Mediengesetz), (Federal Law Gazette No. 314/1981, amended by Federal
Law Gazette I, No. 151/2005). According to this provision, in particular
cases
the disclosure of the identity of a person by the media is prohibited. Under
paragraph 1(1) of this law, if the name of a victim
or his/her image or other
particulars which are likely to lead to the disclosure of his/her identity are
published, the victim shall
have a claim against the owner of the media
(publisher) for damages for the injury suffered. The additional requirement of
Section
7(a), paragraph 1, namely that the publication must injure legitimate
interests of the person concerned, will generally be always
fulfilled according
to Section 7(a), paragraph 2(1) in case of child victims of offences mentioned
under article 3 of OPSC. The latter
provision stipulates that the legitimate
interests of the person concerned are in any case injured if the publication is
such as
to give rise to an interference with the victim’s private life or
to his/her exposure.
- Also
relevant in this context, is Section 56, paragraph 1(7) of the Security Police
Act (Sicherheitspolizeigesetz - SPG) according to which security
authorities may transmit personal data, in particular of victims of crime
support organizations
and media enterprises, only for very specific purposes
defined in this Act.
Article 8, paragraph 2
- The
Austrian criminal procedure follows the principle that the police and the
prosecution authority (Offizialprinzip) have a legal duty to investigate
and prosecute criminal offences (Legalitätsprinzip) as well as to
establish the material truth (materielle Wahrheitsforschung) (Sections 2,
3 and 34 of StPO). Offences liable to public prosecution
(Offizialdelikte) fall under the remit of the public prosecutor
(exclusive right to institute criminal proceedings) (Anklagemonopol). The
public prosecutor has the duty, on the basis of suspicious facts established
during the investigation, to decide whether or
not to bring a criminal charge
against the suspect. However, a charge is to be brought only if it is likely
that the accused will
be sentenced. In order to assess this probability,
evidence gathered in the course of investigation must be evaluated by the public
prosecutor. Under Section 3, in conjunction with Section 34, paragraph 3, the
public prosecutor is officially obliged to take every
measure to establish the
material truth (the same applies to other authorities involved in criminal
proceedings). He/she has the
duty of taking every measure likely to throw light
on the truth or falsehood of the suspicion.
Article 8, paragraph 4
- Within
the scope of advanced training schemes for judges and public prosecutors, the
Austrian Federal Ministry of Justice has been
offering for three years already a
seminar on victims of violent criminal offences before the court, intended in
particular for judges
and public prosecutors having a special competence for
proceedings concerning sexual abuse of children and adolescents. In this
seminar,
experts from different fields of psychology focus on issues relevant to
examination in court of minor victims of violence and the
resulting
consideration of evidence. It includes, inter alia, aspects of the psychosocial
background of sexual violence; the psychodynamics
of children and adolescents
who have been exposed to sexual and/or mental violence; the abuse dynamics and
the abuse cycle; the consequences
of these dynamics on the willingness to
testify and the behaviour of victims of violence as witnesses in judicial
proceedings; the
characteristics of a social-environmental situation which
allows the victim to file a complaint and the consequences of a complaint
for
the victim and his/her environment; the meaning of examinations by experts as
well as of the approach of providing the victim
with psychosocial and legal
assistance throughout the legal process.
- Within
the scope of the four-year-course for Appropriate Dispute Resolution (ADR)
judges (Außerstreitrichter) and family judges
(Familienrichter), carried out for the second time and organized by the
Association of Austrian judges (professional group for Appropriate Dispute
Resolution Law (Außerstreitrecht) and Family Law
(Familienrecht) and the Federal Ministry of Justice, family judges are
trained on how to deal with children victims of sexual abuse.
- In
addition , the Federal Ministry of Justice and the presidents of the higher
regional courts (Oberlandesgerichte), also in cooperation with
various victims of crime support organizations, offer on a regular basis,
advanced training schemes intended
to improve the understanding of judges and
public prosecutors of the situation and behaviour of traumatized crime victims.
- In
addition, advanced training schemes are offered on a regular basis concerning
trafficking in human beings (including child trafficking).
Article 9, paragraph 1
- In
addition to legal measures adopted directly in the process of implementing OPSC,
the preparation of a National Action Plan for
the Rights of Children and
Adolescents was discussed by an Inter-Ministerial Working Group. This Programme
adopted by the Federal
Government on 22 November 2004 provides for a package of
measures to prevent offences referred to in the Optional Protocol.
- Furthermore,
on 28 March 2007, the Austrian Government adopted the National Action Plan
against Human Trafficking, which draws attention
to child-specific aspects. This
Plan has been worked out by the Task Force “Human Trafficking”,
which was founded in
year 2004. In May 2007, the Task Force decided to set up an
operative “sub-Task Force” to identify concrete demand-oriented
measures for victims of child trafficking.
- From
the perspective of civil law, Section 146 (a), last half sentence of the
Austrian Civil Code (ABGB), renounces any type of physical or mental
abuse of children as a means of education. The legal provision is perfectly
clear stating
that the use of violence and the infliction of physical or mental
harm by parents as a means to discipline their children are unlawful.
This
applies not only to bodily harm and the causing of physical pain, but to every
other treatment that violates human dignity,
even if such treatment is not
perceived by the child as negative.
- In
case of any unreasonable treatment, by parents or other persons with right to
custody which is harmful to the well-being of the
minor, as for example a
continuous violation of the absolute prohibition of violence as a form of
education as set out in Section
146(a) of ABGB, the court has the duty,
according to Section 176, to undertake measures required for the
protection of the well-being of the child. In particular, the court may in such
cases withdraw or restrict custody rights. Proceedings related to measures
imposed under Section 176 can be initiated either ex officio
or upon application
by certain persons explicitly mentioned in the law.
- An
entity such as a youth welfare institution for example is entitled to file such
an application according to Section 176, paragraph
2 of ABGB
(Jugendwohlfahrtsträger). According to Section 215, paragraph
1, it has the legal obligation to apply for child custody related court orders
required to protect the welfare
of minors. This connotes that it is obliged to
file the relevant applications as soon as circumstances which require child
custody
related legal measures to protect the minor’s well-being come to
its attention. Concerning matters of childcare and education,
the competent
youth welfare office may, in case of imminent danger (Gefahr im
Verzug), provisionally apply the necessary measures itself, and in
this case, these measures remain in effect until the issuance of a court
order
(for which it has to apply within eight days).
Article 9, paragraph 2
- The
main objectives of sexual education at schools are to strengthen the
minor’s own competence, to build up relationship and
communication
abilities and to prevent exposure of pupils to sexual
violence:
(a) Mein Körper gehört mir (My body
belongs to me)
The Federal Ministry of Education, the Arts and Culture
launched the project "My body belongs to me". The heart of this project is
an
interactive stage play for elementary schools. Child protection organizations
provide professional assistance. Accompanying events
such as a parents' evening
and a school staff meeting complement the project.
(b) Teaching materials
"Hör auf dich – lass dein Selbst laut werden" (Listen to
yourself – allow yourself to speak out loudly)
These teaching
materials for female pupils in 1st to 12th grades aim at
prevention, explain strategies used by offenders and take intercultural aspects
into consideration.
(c) Information booklet entitled
"Beziehungsraum und Begegnungsraum" (A room for relations, a room
to meet)
The target groups are teachers, educators and parents. This
booklet provides information on the possibilities and opportunities to
support
and set up protective measures at both the school and class levels.
- The
educational and school psychological service centres/psychological student
service centres serve as low-threshold counselling
institutions, and assist
teachers and parents in cases of suspected child abuse or sexual exploitation by
offering advice and guidance.
The school psychological service centers closely
cooperate with local networks as for example the Child and Youth Advocate
Offices
(Kinder- und Jugendanwaltschaften), specialized advice centres
and other competent authorities.
- The
Federal Ministry of Health, Family Affairs and Youth informs about and supports
the activities of competent NGOs in promoting
public awareness in this field,
such as the exhibition “Hinschauen statt wegschauen” (Look
– not look away) organized by ECPAT Austria (platform against commercial
sexual exploitation of children). The
exhibition draws attention to sexual
exploitation of children by tourists. It was first shown in 2005 at the
Wien-Schwechat airport,
and also at other commonly frequented places in
Austria.
- The
in-flight-video "Child abuse is not a peccadillo" launched by the Federal
Ministry of Health, Family Affairs and Youth is shown
on Austrian Airlines
flights to Southeast Asia.
- The
brochure "(K)ein sicherer Ort" (An (un)safe place) promotes
awareness-raising on sexual violence and offers information on possible aid for
children and young
people exposed to violence.
- The
website of the Federal Ministry of Health, Family Affairs and Youth www.kinderrechte.gv.at offers
resource persons and adolescents comprehensive information on the Convention on
the Rights of the Child and the Optional Protocol.
- The
Federal Ministry of Health, Family Affairs and Youth supports facilities devoted
to the protection of child victims of violence.
Article 9, paragraphs.3 and 4
- Under
the Victims of Crime Act (Verbrechensopfergesetz), victims of sexual
abuse are entitled to receive, inter alia, therapeutic treatment financed by the
State.
- In
addition, victims of mental, physical and sexual violence are entitled to
receive support from youth welfare institutions operated
by Federal Provinces.
- Child
protection centres which are open to all child victims of violence receive
approximately € 200,000 of financial support
from the Federal Ministry of
Health, Family Affairs and Youth.
- The
Child and Youth Advocate Offices (ombudsmen services) on the federal level
(Federal Ministry of Health, Family Affairs and Youth)
and, in particular, their
counterparts in the nine federal provinces offer assistance to children and
minors exposed to violence.
However, they also promote public awareness through
information and other appropriate means.
- In
cases of suspected use of violence, child protection groups established in all
children’s hospitals in Austria, offer counselling
services by
multidisciplinary teams and provide support in setting up assistance measures.
- In
Vienna, the so called “Kinderdrehscheibe” ("Children’s
Roundabout") takes care of victims of child trafficking and returns them to a
youth welfare institution
in their homeland. The “Children’s
Roundabout” also supports relevant local organizations in Romania and
Bulgaria
in the development of adequate facilities as well as in staff
training.
- Children
and minors who became victims of sexual and/or physical violence, receive
professional assistance in legal proceedings which
is also supported by the
Federal Ministry of Health, Family Affairs and Youth through financing of
training and advanced training
schemes in the field of psychological and legal
assistance to girls, boys and adolescents victims of sexual abuse (evaluation
from
2002; see also article 8).
Article 9, paragraph 5
- Under
Section 281 of the Austrian Criminal Code (StGB), anyone who incites general
disobedience of a law, and makes it accessible
to a wide general public, whether
in a publication, through broadcasting media or by any other means, is
punishable by imprisonment
up to one year. It therefore constitutes a criminal
offence, irrespective of the motive, if a person incites to generally and
basically
ignore a particular law (in the formal sense). If the incitement,
however, relates to the commitment of a punishable criminal offence,
Section 281
is subsidiary to Section 282, paragraph 1. The latter sanction penalizes the
incitement to commit a punishable offence
on the one hand, and to express
approval of an already committed criminal act on the other hand. If the offender
has incited to commit
a particular concretized criminal offence, he/she,
depending on the respective penalty range, may be criminally liable as an
inducing
offender (Bestimmungstäter) under Section 12, 2nd
case of StGB, in conjunction with the respective provision of the criminal law,
as well as under Section 282,
paragraph 1, 1st case of StGB.
- There
are no specific regulations contained in the Broadcasting Acts
(Rundfunkgesetze) which explicitly prohibit the dissemination of child
pornography. However, both Section 10, paragraph 11 of the Federal Law on the
Austrian Public Service Broadcaster ORF - (ORF G), as well as Section 32,
paragraph 1 of the Law on Private Television stipulate
that broadcasted
programmes may not contain pornography. The same is provided for in Section 16,
paragraph 3 of the Private Radio
Act. According to the present interpretation of
Law on Private Television, the prohibition of pornography relates to the
criminally
relevant concept of pornography defined in the Pornography Act
(Pornographiegesetz), (see for example the decision issued by the
regulatory authority KommAustria, KOA 2.100/03-49 of 5 November
2003).
- In
addition, under Section 10, paragraph 11 of ORF G, any broadcasts which are
harmful to the physical, mental or moral development
of minors are prohibited.
Concerning programmes which (only) impair the physical, mental or moral
development of minors, Section
10, paragraph 12 stipulates that the broadcasting
company shall make sure, by choosing an appropriate broadcasting time or by
other
measures, that these programmes are not commonly seen or listened to by
minors. Both provisions may relate to material which does
not fall under the
criminal concept of pornography.
- The
legal situation under the Law on Private Television is comparable to that under
ORF-G. However, broadcastings which are mainly reduced to the
"unreflected representation of sexual acts“, or contain such elements,
must, on top of that, be encrypted according to Section 32, paragraph 4 of the
Law on Private Television.
- It
must also be mentioned, that according to Section 14, paragraph 1(1) of
ORF-G, and Section 37, subparagraph 1 of the Law on Private Television,
advertisements may not injure human dignity. It can thus be assumed
that –
in addition to the already mentioned prohibitions – spots that make child
pornography a subject of the advertisement
in a way that injures human dignity
are likewise inadmissible.
Article 10 (para.
1)
- Austria
has not signed any bilateral or multilateral agreements to strengthen
international cooperation in criminal cases which are
especially related to the
offences described in the Protocol. However, it must be mentioned in this
context that Austria is State
party to several bilateral and multilateral
agreements on extradition and legal assistance in criminal matters which are
applicable
also to the criminal offences described in the
Protocol.
Article 10, paragraphs 3 and 4
Child trafficking:
(a) “Transnational Action against Child Trafficking” (TACT III)
(€ 350.000): Project against exploitation and abuse
of children in
Albania as well as for the protection and reintegration of trafficked children.
Interventions are taking place on
local levels in order to establish an
effective child protection programme.
(b) "Call for proposals" for a project against trafficking in human
beings in South-East Europe (€378.984): Invitation for submission
of applications for a two-year project aiming to support young women in
Bosnia-Herzegovina
to make self-confident decisions.
(c) "Call for proposals" for a project against trafficking in women and child
trafficking in Albania (€ 350.000): scope: granting
rights to trafficked
women, victims of white slavery and other high risk groups of human trafficking
(such as orphans) and enforcing
access to preventive and protective measures,
including reintegration. These measures should also make contribution to
strategies
concerning protection systems of children and families in Albania.
(d) Project of police cooperation between Austria and several countries of
South-East Europe to fight trafficking in human beings
(€1.9 million):
training schemes and development of capacities;
(e) Programme for the protection of children and juveniles in Moldova: a
training programme which serves indirectly also the purpose
of protecting
children from human trafficking. The programme represents a new and
comprehensive approach in the protection of especially
vulnerable children and
juveniles in the Republic of Moldova (fight against institutionalization,
disregard and abuse of children
and adolescents, trafficking in human beings,
poverty and poor education).
Child prostitution:
- Submission
of the international NGO ECPAT/Respect: exposition, established in 2005, touring
across several countries; sensitization
of the tourism industry.
- Two
projects which are committed to lobbying for a "Code of Conduct" against child
prostitution in the context of tourism are being
carried out, one in Kenya and
the other on the Black Sea coast (Romania / Bulgaria):
(a) Measures against sexual abuse of children and adolescents in the tourism in
Kenya, financial support provided by the Austrian
Development Cooperation and
Cooperation with Eastern Europe (OEZA) in the tune of €73.000 (total
project costs: €146,060.50)
(b) Implementing a Code of Conduct against child trafficking and child
prostitution, financial support provided by OEZA in the tune
of €61.000
(total project costs: €123,295.84).
-----
[1] Section 181 of the
Austrian Civil Code (ABGB), or Sections 1 and 26 of the International Private
Law Act (IPRG).
[2] A criminal organization is an
association of two or more persons formed over a long period with the aim of
committing an offence
or offences, other serious violent crimes against life and
limb (...), either by one or by several of its members. (Section 278,
para.1 of
StGB).
[3] Serious violence is the use of
superior physical strength which reaches a high level of intensity or
dangerousness, with the aim
to overcoming real or only expected resistance by
the victim.
[4] See footnote 1
above.
[5] See footnote 2
above.
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