unbekannter Gast

Grundrechte#

Fundamental Rights and Freedoms (constitutional liberties): liberties of the individual vis-a-vis the state, laid down in the Austrian constitution. The constitutional liberties in Austria are not embodied in a single document, but distributed over several laws. They are to be found in the Federal Constitution, the Fundamental Laws of 1867 ("Staatsgrundgesetz", passage "ueber die allgemeinen Rechte der Staatsbuerger", "on the general rights of the citizens"), the Treaties of Saint-Germain (1919) and Vienna (1955), the European Convention on Human Rights of 1958, the law on community service ("Zivildienstgesetz") and the law on protection of data privacy.


The following liberties are embodied in Austrian constitutional legislation ("Oesterreichisches Verfassungsrecht"): equality before the law (together with obligation of objectivity for the legislative, executive and judicial authorities); equal access to public posts; freedom of movement of persons and property; freedom of residence, entry and emigration; right to unviolability of property (restricted by the possibility of expropriation); freedom of purchase of real property; abolition of the bond of serfdom and obedience (1848); freedom of gainful employment (restrictable on some factual grounds); protection of personal freedom (only to be restricted by court order); right to due process of law before the competent judge; unviolabitlity of right to privacy; protection of the secrecy of letters and telecommunications (both restrictable by court order); right of petition; freedom of association; right of assembly; freedom of speech; freedom of the press; prohibition of preliminary censorship; freedom of religion; freedom of conscience; freedom of science, teaching and the arts; freedom of instruction; right to education and training; free choice of trade and training; rights of minorities; right to live; right to protection of data privacy; right to exemption from compulsory military service.


These rights provide for a personal space in which the state cannot interfere, while the political liberties ("politische Grundrechte") allow for a participation of the individual in the development of state objectives (e.g. right to vote and right to stand for election).

Literature#

F. Ermacora, Grundriss der Menschenrechte in Oesterreich, 1988.