Litigation association

from Wikipedia, the free encyclopedia
Litigation association
purpose Enforcement of the rights of victims of discrimination
Chair: Dieter Schindlauer
Establishment date: 2004
Seat : Vienna
Website: www.klagsverband.at

The Klagsverband (full name: Klagsverband to enforce the rights of victims of discrimination ) is an Austrian association based in Vienna . It was founded in 2004 by ZARA , BIZEPS and HOSI Vienna and is designed as an umbrella organization for non-governmental organizations (NGOs) that are active in the field of combating discrimination and advising victims of discrimination.

Work area

The main area of ​​responsibility of the Klagsverband is the strategic litigation under anti-discrimination and equality law. There are seven legally protected grounds for discrimination in Austria :

The work of the Klagsverband covers all seven grounds of discrimination, both in terms of discrimination in the world of work and in access to goods and services. In total there are around 50 laws that prohibit discrimination in Austria. Due to the fragmentation of the law, it is hardly possible to name all legal bases without gaps. The Equal Treatment Act (GlBG) and the Disability Equality Act , consisting of the Federal Disability Equality Act (BGStG) and the Disability Employment Act (BeinstG), are particularly relevant for the work of the Klagsverband .

deals

Enforcement

The Klagsverband supports model proceedings under anti-discrimination law with the aim of interpreting this area of ​​law as comprehensively as possible. The proceedings are brought to the Klagsverband by the member associations. The Klagsverband does not provide an initial consultation. In recent years, the Klagsverband has repeatedly been able to bring about trend-setting judgments with its proceedings. In 2016, for the first time in Austria, the Klagsverband supported a procedure in which the close relationship according to the Equal Treatment Act (GlBG) was taken into account. In 2014, the Klagsverband initiated the first proceedings under the Tyrolean Anti-Discrimination Act because a Croatian citizen living in Tyrol did not get any school start-up aid for his children. At that time Croatia was not yet a member of the European Union . After the positive outcome of the proceedings, the eligibility requirements for Tyrolean school start-up assistance were changed. No longer the nationality, but the place of residence is now decisive. The Klagsverband also exhausts the legal possibilities of international treaties. In 2014, the Klagsverband supported an individual complaint under the UN Disability Rights Convention . It was the first complaint from Austria under the UN Disability Rights Convention.

Opinions and shadow reports

With statements on amendments to the law, the Klagsverband tries to actively participate in political processes and to influence legislation in the interests of comprehensive equality and anti-discrimination policy. In recent years, the Klagsverband has increasingly participated in the form of shadow reports to monitor and improve the implementation of various international conventions that Austria has ratified.

documentation

The Klagsverband documents relevant legal decisions by European and national courts on its website.

Discussion series

"The Klagsverband discusses" is the name of a series of discussions that the Klagsverband started in 2016. On four evenings a year, the association invites you to a meeting where renowned experts from various disciplines discuss current gender equality issues with the Klagsverband. The discussion evenings take place in Vienna and in the federal states and deal with a wide variety of topics, from legal equality for intersex people to successful concepts of equal opportunities and protection against discrimination for refugees . The audience is invited to take part in the discussion . With this format, the Klagsverband would like to offer a space for reflections that go beyond legal aspects.

Monitoring work

The Klagsverband is a member of two monitoring committees for monitoring the implementation of the UN Disability Rights Convention.

  • Lower Austrian Monitoring Committee (since 2013)
  • Vienna Monitoring Center (since 2016)

Legal Status

  • The Klagsverband is an association.
  • In implementation of EU Directives 2000/43 / EC , 2000/78 / EC and 2002/73 / EC , the Klagsverband is authorized by the Austrian Equal Treatment Act (GlBG) to act as an intervener in a legal dispute to enforce claims under this law at the request of those affected to join (§ 62 GlBG).
  • Article 2, § 13 para. 1 of the Federal Behindertengleichstellungsgetzes (BGStG) speaks to the Litigation Association, the right to collective action for a declaration as well as large corporations as defined in § 221 para. 3 Commercial Code (UGB) and for restraint and elimination of discrimination on the basis of a Disability too.
  • The right to class action in insurance contracts for the Klagsverband is regulated in Article 2, Section 13, Paragraph 2 of the Federal Disability Equality Act (BGStG).

literature

  • Symposium: No breathing space. History is made . Conference documentation. Klagsverband, Vienna 2014 ( full text [PDF; 1,2 MB ]).

Web links

Individual evidence

  1. ↑ General information on equal treatment. In: help.gv.at. Federal Chancellery of Austria, accessed on November 15, 2017 .
  2. ↑ RIS - Equal Treatment Act - Consolidated Federal Law, version dated November 15, 2017. Retrieved November 15, 2017 .
  3. ↑ RIS - Federal Equal Opportunities for People with Disabilities Act - consolidated federal law, version dated November 15, 2017. Retrieved November 15, 2017 .
  4. ↑ RIS - Disability Employment Act - consolidated federal law, version dated November 15, 2017. Retrieved November 15, 2017 .
  5. ↑ Klagsverband. Retrieved November 15, 2017 .
  6. ↑ Klagsverband. Retrieved November 15, 2017 .
  7. ↑ Klagsverband. Retrieved November 15, 2017 .
  8. ↑ Klagsverband. Retrieved November 15, 2017 .
  9. ↑ Klagsverband. Retrieved November 15, 2017 .
  10. ^ Klagsverband »Events. Retrieved November 16, 2017 .
  11. ^ The Lower Austrian Monitoring Committee - Province of Lower Austria. Retrieved November 16, 2017 .
  12. ↑ Rights of people with disabilities - Vienna Monitoring Center. Retrieved November 16, 2017 .
  13. ↑ Directive 2000/43 / EC of the Council of June 29, 2000 on the application of the principle of equal treatment regardless of race or ethnic origin , accessed on November 15, 2017
  14. ↑ Council Directive 2000/78 / EC of November 27, 2000 establishing a general framework for equal treatment in employment and occupation , accessed on November 15, 2017
  15. ↑ Directive 2002/73 / EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207 / EEC on the implementation of the principle of equal treatment for men and women with regard to access to employment, vocational training and vocational training Rise and Working Conditions , accessed on November 15, 2017
  16. ↑ ris.bka.gv.at. Retrieved November 15, 2017 .
  17. ↑ ris.bka.gv.at. Retrieved November 15, 2017 .
  18. ↑ ris.bka.gv.at. Retrieved November 15, 2017 .