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Austria
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Criminal Code at section 104 which criminalises slave trafficking, deprivation of freedom in the form of slavery, and causing a person to be enslaved.
Practices similar to slavery
Provisions related to institutions and practices similar to slavery are found in Criminal Code at section 104 which criminalises deprivation of freedom in the form of slavery-like situations and causing a person to be brought into a slavery-like situation.
Servitude
There appears to be no legislation in place in Austria that prohibits servitude.
Forced or compulsory labour
There appears to be no legislation in place in Austria which prohibits forced labour.
Human trafficking
Provisions related to trafficking in persons are found in the Criminal Code at section 104a. The 2018 amendment to the Criminal Code which criminalises transnational prostitution at Article 217 could also be applied to sex trafficking cases.
Forced marriage
Provisions related to forced marriage in Austria are found in the 2016 Criminal Code, which addresses at Article 106a those who marry by force or through dangerous threat, including threats of termination or deprivation of family contacts, with a potential penalty of imprisonment of six month to five years Provisions related to forced marriage in Austria are also found in the 1938 Marriage Act, which addresses marriage determined by fraudulent deception regarding circumstances that, known and properly assessed, would have prevented the spouse from entering into marriage at Article 28. Article 39 also addresses marriage unlawfully determined by threat.
Consent to marriage
There appears to be no legislation in Austria that requires consent to marriage.
Servile marriage
There appears to be no legislation in Austria that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Austria that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Austria is 18, without differentiation by gender, as set out on Section 1 of the 2017 Marriage Act. Where marriages are conducted involving a person below the minimum age, the marriage is null and void, as set out on Section 35 of the 2017 Marriage Act. However, marriages below this age are permitted provided that the individual requests it, appears mature enough for the marriage and obtains the consent of the legal representative, as set out on Section 35 of the 2017 Marriage Act. These exceptions are not differentiated by gender, and allow marriages as early as 16.
Region
Western Europe and Others
Regional Court
Not party to a court
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- European Union
- Council of Europe
Legislative Provisions
AWAD REPORT
Paragraph 53
Article 16 of the generally applicable Civil Code of 1 June 1811 provides that slavery and serfdom and the exercise of any power based thereon shall not be allowed in Austria.
Paragraph 54
In pursuance of these basic provisions, the Court Decree of 19 August 1826 specified that any slave becomes free as soon as he becomes an Austrian national.
Paragraph 56
The Court Decree is further supplemented by “Provisions against the Trade in and Maltreatment of Slaves…
Paragraph 59
Article 95 of the Austrian Penal Code reiterates the principle laid down in the aforementioned Court Decree of 1826 and, in addition, provides for the punishment of any person who, in preventing a slave acquired by him from exercising his personal freedom, or in disposing of him as a slave in Austrian territory or abroad, commits the crime of public violence by treating a human being as a slave. The same offence is committed by a master of a ship who undertakes merely to convey a slave or slaves or who, ether personally or through others, prevents a slave who has boarded an Austrian ship from exercising the personal freedom thereby acquired. These offences are punishable y rigorous imprisonment for a term of one to twenty years.
Paragraph 62
Slavery and every kind of vassalage and servitude are prohibited, as a matter of constitutional law, by the State Constitution Act of 21 December 1867 (RCBI. No. 142) concerning the general rights of citizens. Article 7 provides that every relationship of vassalage and servitude shall be abolished in perpetuity, that every encumbrance or charge attaching to real property by reason of the division of ownership shall be redeemable ,and that in future no real property shall be encumbered with any such irredeemable charge.
CONSTITUTION OF AUSTRIA 1920 (REINST. 1945, REV.2013)
Article 9A
- Austria subscribes to comprehensive national defence. Its task is to preserve the Federal territories outside independence as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. In this connection, too, the constitutional establishments and their capacity to function as well as the democratic freedoms of residents are to be safeguarded and defended against acts of armed attack from outside.
- Universal national defence comprises military, intellectual, civil and economic national defence.
- Every male national is liable to military service. Female nationals may render voluntary service in the Federal Army as soldiers and have the right to terminate such service.
4. Conscientious objectors who refuse the fulfilment of compulsory military service and are exonerated therefrom must perform an alternative service (civilian service).
CRIMINAL CODE 1974, AMENDED 2019
Section 104 Slavery
(1) Anyone who practices slave trafficking or otherwise deprives personal liberty from another person in the form of slavery or a slavery-like situation shall be punished with a sentence of 10 to 20 years’ imprisonment.
(2) It is also necessary to punish who causes another to be enslaved or brought into a slavery-like position, or that another person shall enter into slavery or slavery-like situation.
Section 104a Human trafficking
(1) Anyone who takes, or otherwise accepts, promotes, or offers to a person other than a person of the age with the intention that he is exploited (paragraph 3) with the use of unfair means (para Imprisonment of six months to five years.
(2) Unfair means are the use of force or threat, the deception of facts, the use of an authority position, a compulsory condition, a spirit sickness or a condition that makes the person helpless, the intimidation and the granting or acceptance of an advantage for the Surrender of rule over the person.
(3) Exploitation includes sexual exploitation, exploitation by organ harvesting, exploitation of labor, exploitation of begging, exploitation to commit violent acts.
(4) Anyone who commits the act in the context of a criminal organization, with the use of force majeure or so that the life of the person is intentionally or grossly negligently endangered (§ 6 para 3) or the act a particularly serious disadvantage for the Person is to be punished with imprisonment of one to ten years.
(5) A penalty of up to ten years shall also be imposed on the person who is hunted, accommodated or promoted, promoted or offered to a minor, with the proviso that he is exploited (paragraph 3).
Article 217 Cross-border trade in prostitution
(1) Any person who, even if he or she is already engaged in prostitution, provides or encourages prostitution in a State other than that of which he is a national or of a habitual residence, shall be imprisoned for six months up to five years, however, if he commits the crime professionally, to punish him with imprisonment of one to ten years.
(2) Anyone who misleads or misleads a person (paragraph 1) by misrepresentation or intent to do so in a State other than that of which he is a national or habitant is engaged in forced prostitution or dangerously threatening to move to another state, or by force or by taking advantage of their error on this project in another state, shall be punished with imprisonment of one to ten years.
BASIC LAW OF 21 DECEMBER 1867 ON THE GENERAL RIGHTS OF NATIONALS IN THE KINGDOMS AND LÄNDER REPRESENTED IN THE COUNCIL OF THE REALM
Article. 4.
[1] There is no restriction on freedom of movement by the individual and his possessions inside the boundaries of the state.
Article. 12.
Austrian nationals have the right of assembly and to constitute associations. The exercise of these rights will be prescribed in special laws.
Article. 18.
Everyone has the right to choose his vocation and to train for it how and where he wishes.
LAW ON PERSONAL FREEDOM 27 OCT 1862
Section 5
No one can, without legally substantiated requirement, be restricted (interned, confined) to a stay in a particular place or area. In the same way, except in cases specified by law, no one may be expelled from a particular place or area.
CRIMINAL CODE 1974, AMENDED 2019
Section 106a Forced marriage
(1) Who a person with violence or by dangerous threat or threat with the Break off or withdrawal of family contacts in order to get married or to establish a registered partnership is subject to imprisonment from six months to five years punish.
(2) Anyone who intends to reside in a state other than into the one whose nationality she has or in which she has her habitual residence Marriage or to establish a registered partnership (para. 1)Deception about this project enticed or by force or by dangerous threat or threat if family contacts are broken off or withdrawn, forced to move to another state, or by force or taking advantage of their mistake about this project in another state promoted.
(3) Section 106 (2) applies accordingly.
MARRIAGE ACT 2017
| Section 1 Marital status
(1) Anyone who is of legal age and capable of making decisions is eligible for marriage. (2) The court shall have a person who has reached the age of 16 to be eligible for marriage upon their application to declare when the future spouse is of legal age and she appears mature for this marriage; the Underage persons require the consent of their legal representative to enter into marriage. If the latter refuses to give their consent, the court shall have them at the request of the minor needs to be replaced if there are no justified reasons for the refusal.
Section 22 Lack of marital capacity (1) A marriage is null and void if one of the spouses is incapable of marrying at the time of the marriage and there is no reason for cancellation of Section 35. (2) However, the marriage is to be regarded as valid from the beginning if the spouse after the onset of The ability to marry indicates that he wants to continue the marriage.
Section 28 (1) If a marriage is void on the basis of Section 22 (1), one of the two spouses can Seek annulment. If a marriage is null and void on the basis of Section 23 (1), only the public prosecutor can seek annulment. (2) In all other cases of nullity, the public prosecutor and each of the spouses, in the case of Section 24, the former spouse or registered partner also request a declaration of invalidity. Is marriage dissolved, only the public prosecutor can seek annulment. (3) If both spouses have died, the declaration of invalidity can no longer be sought.
Section 35 Lack of consent of the legal representative A spouse can request annulment if he is at the time of the marriage was a minor and his legal representative did not give consent to the marriage, unless this or the spouse has subsequently consented or that after reaching the age of majority Court replaces the refused subsequent consent of the legal representative.
Section 36 Error about the marriage or about the person of the other spouse (1) A spouse can request annulment of the marriage if he did not know at the time of the marriage has that it is a question of a marriage, or if he knew this, but an explanation, to want to enter into marriage did not want to give up. The same applies if the spouse is in the other spouse’s person has made a mistake. (2) Cancellation is excluded if the spouse recognizes the error after discovering the error has given that he wants to continue the marriage.
Section 37 Error about circumstances affecting the other spouse (1) A spouse can request annulment of the marriage if he or she is about to get married the person of the other spouse was wrong about the circumstances which he knew of the facts and if the nature of marriage had been properly assessed, they would have discouraged marriage. (2) Cancellation is excluded if the spouse recognizes the error after discovering the error has given that he wants to continue the marriage, or if his desire to annul the marriage with Consideration of the previous structure of the marital life of the spouses morally not justified appears.
Section 38 Wilful deception (1) A spouse can request the annulment of the marriage if he has fraudulently entered into the marriage Deception about such circumstances has been determined, which made him aware of the facts and with proper appreciation of the nature of marriage would have deterred marriage. (2) Cancellation is excluded if the deception is carried out by a third party without the knowledge of another spouse has been perpetrated, or if the spouse is committed after discovery of the deception has indicated that he wants to continue the marriage. (3) The marriage cannot be annulled due to deception about financial circumstances to be desired.
Section 39 Threat (1) A spouse can request the annulment of the marriage if it is illegal to enter into the marriage has been determined by threat. (2) Cancellation is excluded if the spouse ceases to be threatened has made known justified predicament that he wants to continue the marriage.
Section 40 Term of action (1) The action for annulment can only be brought within one year. (2) In the case of Section 35, the period begins at the point in time at which the receipt or the Confirmation of marriage becomes known to the legal representative or the spouse becomes capable of making decisions, in the cases of Sections 36 to 38 when the error or deception becomes known, in the case of Section 39 with the end of the predicament. (3) The running of the period is suspended as long as the spouse entitled to sue is within the last six Months of the deadline for action due to an inevitable accident in the filing of the action for annulment is prevented. (4) If a spouse entitled to sue who is incapable of making a decision does not have a statutory spouse Representative, the period of action does not expire six months after the date from which can independently bring the action for annulment against the spouse.
Section 49 One spouse can seek divorce if the other is due to serious misconduct or through dishonorable or immoral behavior has culpably shattered the marriage so deep that the Restoration of a life community corresponding to their nature cannot be expected. Serious misconduct exists in particular if one spouse broke the marriage or the inflicted physical violence or severe emotional distress on others. Whoever is a misconduct has committed, cannot seek divorce, if according to the nature of his misconduct, in particular because of the connection between the misconduct of the other spouse and his own fault Divorce petition is not morally justified if the nature of the marriage is properly assessed.
Section 66 The sole or predominantly guilty spouse has the other, insofar as his income from Assets and earnings from gainful employment that are expected of him under the circumstances may not be sufficient to receive adequate maintenance according to the living conditions of the spouses grant.
Section 68 If both spouses are guilty of the divorce, but neither spouse is predominantly to blame, then it can the spouse who cannot support himself is granted a contribution to his / her maintenance, if and to the extent that this takes into account the needs and the financial and employment relationships of the other spouse is equitable. The contribution obligation can be limited in time. Section 67 Paragraph 1 sentence 2 applies accordingly.
Section 68a (1) To the extent and for as long as a divorced spouse on the basis of care and upbringing of a common child, taking into account his or her well-being, cannot be expected to maintain himself, the other person has to support him regardless of the fault in the divorce to grant his life needs. The unreasonableness of self-preservation is presumed as long as that Child has not yet reached the age of five. If the maintenance claim is determined by a court, it is to be limited accordingly, beyond the fifth year of the youngest child’s age for a maximum of three years. Is due to the particular circumstances of the case, especially one special need for care of the child, not to predict when the divorced spouse in the Will be able to sustain itself, the court can dispense with a time limit. (2) Has a spouse met during the marriage on the basis of the consensual arrangement of the marital Cohabitation of household management and, if necessary, the care and upbringing of one joint child or the care of a relative of one of the spouses and may be dedicated to him Due to the resulting lack of employment opportunities, for example due to a lack of professional opportunities Education or training, the duration of the marital partnership, his or her age Health, not being expected to maintain himself in whole or in part, he has to that extent other spouses, regardless of their fault in the divorce, receive maintenance based on their living needs to grant. If the maintenance claim is determined by a court, the court has it open to be limited to a maximum of three years if it can be expected that the divorced spouse will then be in the Will be able to secure his livelihood, in particular through reasonable gainful employment. (3) The maintenance claim according to Paragraph 1 or 2 is reduced or does not exist if the Granting the maintenance would be unreasonable because the needy is unilaterally particularly serious Has committed marital misconduct or grossly culpably caused his need or something similar there is serious reason, in the case of paragraph 2 also because the marriage lasted only a short time. Ever The more weighty these reasons are, the more likely it is to be demanded of the needy to support himself through the Income from other than reasonable gainful employment or from the stock of his assets cover up. (4) Section 67 (1) applies accordingly.
Section 79 (1) If a divorced spouse has to support a joint child, then the other one from the income of his property and the earnings of his employment to make an appropriate contribution to the maintenance costs, unless these are due to the usufruct on Child assets are covered. The entitlement is not transferable. (2) If the contributory spouse is entitled to care for the person of the child, he may Withhold contribution for own use for the maintenance of the child.
Section 81 (1) If the marriage is divorced, annulled or declared null and void, this is matrimonial To distribute utility assets and marital savings among the spouses. In the division are the debts which are combined with the conjugal household and the conjugal savings in one internal connections are to be brought into position. (2) Matrimonial property is tangible or immovable property, which served the use of both spouses during the normal marital partnership; this also includes household items and the married home. (3) Marital savings are assets of any kind that the spouse maintains during marital partnership and which, by their nature, are usually for a Recovery are intended.
Section 83 (1) The division is to be carried out fairly. It is especially on weight and Extent of the contribution of each spouse to the acquisition of the marital utility property and to the To take care of the accumulation of marital savings and the welfare of the children; further on Debts that are related to the marital living expenses, unless they are already in accordance with § 81are to be brought into position. (2) The contribution to maintenance and participation in the acquisition, insofar as they are not The remuneration is different, the management of the common household, the care and education common children and any other marital assistance. |