BackThe members of the Austrian Ombudsman Board (AOB), Mr Bernhard Achitz, Mr Walter Rosenkranz and Mr Werner Amon presented on the basis of the annual report the AOB’s investigation results from 2020 and gave, on the basis of some selected complaints and their own perceptions, an insight into the work of the monitoring and human rights institution. Due to the Covid-19 pandemic, the AOB published its annual report in three volumes for the first time. In addition to Volume 1 ‘Monitoring of public administration’ and Volume 2 ‘Preventive human rights monitoring’, Volume 3 ‘Covid-19’ covers all those observations related to the 2020 Covid-19 measures.
The AOB regularly reports about its work to the Austrian National Council and the Federal Council. This report is thus sent to the Austrian Parliament simultaneously with the press conference and will also be debated in person with the members of Parliament in the relevant committee in June.
In the press conference, the members of the AOB mentioned amongst others the following examples:
Covid-19 – Lack of acceptance by the public due to non-transparent communication
More than 1,200 people have contacted the AOB with very diverse concerns arising from the Covid-19 pandemic. The Covid-19 pandemic undoubtedly makes it difficult for politicians to always strike the right balance between the necessary protection from the disease and fundamental rights and freedoms. Yet, we must always discuss this extensively and in a transparent matter, because “every restriction of human rights must remain an exception, we as a society must not get used to”, said OM Bernhard Achitz.
This was especially difficult at the beginning of the pandemic, when little was known about Covid-19, and at that time one also had to concede that politics could not always make the right decisions at the required pace.
But the more time has passed, the more scientific evidence is available, the stricter standards must be applied to all decisions and acts of administration. Every single measure, whether taken by politicians or the administration, must be backed up by justification as to why an encroachment on fundamental rights and freedoms is necessary and proportionate, and whether a different, less human rights-threatening approach would not have sufficed. The longer the restrictions endure, the more closely public administration has to be monitored – amongst others by the AOB.
A-levels during the Covid-19 pandemic
Several complaints in the education sector concerned the delivery of or problems related to the Matura (Austrian school-leaving examination, A-levels equivalent). In 2020, the Matura at the AHS (a type of secondary school) was held in writing in German, a foreign language and maths. Due to Covid-19, the oral Matura was not taken following an announcement by the Minister of Education. Since maths was not mandatory for the written Matura at BHS (upper secondary schools), those Matura candidates who had opted for the oral Matura in maths were spared entirely from taking this subject. One candidate who had not opted for oral maths prior to the announcement that the oral Matura would be cancelled, complained because she then was no longer able to opt out of the subject. She had to sit the written examination as originally planned.
Covid-19 related subsidies
Despite the many well-functioning Covid-19 related subsidies provided by the federal government to citizens, the AOB nevertheless received a total of 259 complaints concerning the fiscal authorities. For example, many foreign 24-hour care workers approached the AOB because they did not receive support from the Hardship Fund as long as they did not hold an Austrian bank account, despite a high drop in income due to border closures. The Federal Ministry of Finance argued that a resident account was necessary in order to avoid abuse. "It is a fact that there is a European Union regulation, the so-called SEPA (Single Euro Payments Area) regulation," OM Amon clarified - "which means that any account in another EU member state is just as good as an Austrian account." Therefore, the AOB was unable to understand what kind of abuse the Ministry of Finance was concerned about. Since then, the Ministry of Finance has changed its position, and it is now possible for carers to apply for and receive support from the Hardship Fund, even without an Austrian bank account.
To watch the press conference and to download the three volumes of the report in German please click here. Volume 2 and 3 will shortly be available in English.
Source: Austrian Ombudsman Board (AOB)
