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.
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).
Constitution of Austria 1920 (PDF)
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.
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.
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.
