Legislative and policy framework
The principle of equality is embedded in Article 7 of the Federal Constitutional Act (Bundes-Verfassungsgesetz),[1] which states that ‘all nationals are equal before the law’ and excludes any privilege based on sex. In 1998, an amendment to this article provided the constitutional basis for the implementation of gender mainstreaming by introducing the responsibility for authorities at all levels (federal, state and municipality) to implement measures to achieve equality between women and men. Additionally, according to Articles 13(3) and 51(8)[1] of the Federal Constitutional Act, federal, state and local governments must strive for the actual equality of women and men in financial management, which translates into a federal commitment to gender budgeting.
The Equal Treatment Act of 1979 is the primary national-level law, other than the constitution, relating to the promotion of gender equality, although it covers only discrimination at work. Part I of the law focuses exclusively on the equal treatment of women and men in the workplace. Part II covers other types of discrimination in the working sphere, including discrimination on the grounds of sex, ethnic origin, religion or beliefs, age and sexual orientation.
The Supervisory Boards Act of 2017 introduced a quota whereby women must constitute at least 30 % of members of supervisory boards of listed companies and large companies with more than 1 000 employees.[2]
The earliest government measure on gender mainstreaming dates back to a cabinet decision in 2000 that established the Interministerial Working Group on Gender Mainstreaming/Budgeting (Interministerielle Arbeitsgruppe Gender Mainstreaming/Budgeting (IMAG GMB)) to implement gender mainstreaming at the federal level, as a cross-cutting strategy involving all ministries. In 2011, another cabinet decision established gender mainstreaming criteria for all ministries and departments, as well as for legislation, funding programmes and public procurement.
There are sectoral action plans on specific aspects of gender equality (e.g. in health, education, architecture) but no overall national action plan or strategy dedicated to gender equality. Nevertheless, IMAG GMB published a report in 2020 on progress in implementing gender mainstreaming to mark the 20-year anniversary of the start of gender mainstreaming efforts in Austria.[3]
Structures
Governmental gender equality body
Division III: Women’s Affairs and Equality (Sektion III: Frauen und Gleichstellung) is the governmental body responsible for gender equality. Founded in 1997, it is now a division within the Federal Chancellery. Division III comprises seven departments that share information, raise public awareness and support gender-specific projects. It publishes a triannual newsletter and annual reports on gender equality in political leadership roles. Division III also promotes women’s projects, supporting around 250 projects each year, chiefly providing counselling and support services to women. Other key areas include gender equality in the professional sphere and the prevention of violence against women. Division III monitors and reports on issues such as the elimination of discrimination against women and the equal treatment of women, reporting to the Committee on the Elimination of Discrimination against Women.
Functions of Division III: Women’s Affairs and Equality
- Supporting and monitoring the implementation process of gender mainstreaming in all departments and at all political levels.
- Exchanging information and best practices on gender mainstreaming in other departments, including domestic and foreign best practice examples.
- Developing criteria for the implementation of the gender mainstreaming strategy.
- Monitoring and evaluating ongoing projects and measures and progress towards gender mainstreaming objectives.
Division III manages IMAG GMB, which was set up in 2000 to create a basis for implementing the gender mainstreaming strategy at the federal level.[4] Members are termed ‘GM agents’ (GM Beauftragte) and are appointed within Austria’s ministries and supreme bodies (Constitutional Court, Supreme Administrative Court, Court of Auditors, Ombudsperson Board and Parliamentary Directorate). As part of the interministerial coordination process, gender-oriented outcome goals are discussed annually during IMAG GMB’s planning phase.
Division III is regularly consulted by departments and ministries about the gender impact of new or existing policies, laws or programmes in fields other than gender equality; this leads to adjustments in less than 25 % of cases.
Within Division III, the Commission on Equal Treatment [5] and the Federal Equal Treatment Commission[6] deal with questions involving discrimination in employment and in other areas of life based on sex, ethnic origin, religion or beliefs, age or sexual orientation. The Commission on Equal Treatment was set up to scrutinise matters relating to discrimination under the Equal Treatment Act and is designed to support the labour, social and civil courts.
The federal budget for the Directorate-General for Women and Equality, excluding administrative costs (but including salaries), is EUR 3 360 000. This is the general budget for gender equality and gender mainstreaming and is managed by the Federal Chancellery. As of 2024, the personnel resources of Division III consisted of 51 employees and 6 administrative trainees.
The second governmental body responsible for promoting gender equality is Department III/C/10 within the Federal Ministry for Arts, Culture, Civil Service and Sport, which focuses on strategic performance management and administrative innovation. This department coordinates cross-departmental strategies in the context of ‘impact orientation’, particularly regarding equality between women and men.
Within Department III/C/10, the Federal Performance Management Office (FPMO) is responsible for operating a reporting process in the field of gender equality. Since 1 January 2013, all federal ministries and the highest national bodies have been obliged to specify a maximum of five outcome objectives for the annual budget, with at least one objective related to gender equality.
The role of the FPMO is to develop and support activities undertaken to achieve the gender equality objectives and monitor the results. The federal ministries must set out specific measures intended to achieve the gender equality objectives and the appropriate indicators to evaluate the results. The FPMO then evaluates the efforts undertaken and the progress concerning the interministerial coordination processes and reports this annually to parliament and the public.[7] This report provides an overview of the progress in gender equality in Austria in various areas (labour and education, health, infrastructure and environment) based on quantitative indicators.
The federal budget for Department III/C/10 is not available. Within the Federal Ministry for Arts, Culture, Civil Service and Sport, there are fewer than five employees who devote their time to gender equality issues.
The Federal Ministry for Arts, Culture, Civil Service and Sport monitors, supports and develops the methods, processes and results of gender equality objectives and activities, involving non-governmental organisations in the coordination process.
Independent gender equality body
The Ombudsperson for Equal Treatment (Gleichbehandlungsanwaltschaft) is the independent equality body in Austria. It is the main point of contact for all persons who have been discriminated against in employment and occupation on the grounds of sex, ethnic origin, religion or beliefs, age or sexual orientation. It was set up under Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation and took effect on 1 July 2004. The Ombudsperson for Equal Treatment is sometimes contacted by ministries or entities to discuss its input on new or existing policies, laws or programmes. Policymakers are not obliged to take the ombudsperson’s feedback on board, and consultations lead to adjustments in less than 25 % of cases.
Functions of the Ombudsperson for Equal Treatment
- Conducting research on gender equality issues.
- Publishing and disseminating gender-equality-related information and conducting training.
- Providing legal support for victims of discrimination on the grounds of sex or gender.
- Monitoring progress in achieving gender equality.
The Ombudsperson for Equal Treatment has 31 employees, who spend approximately 50–75 % of their time on requests related to gender equality, as around two thirds of requests to the ombudsperson relate to sex-based discrimination. The budget of the ombudsperson is unknown.
Parliamentary body
The Equal Treatment Committee (Gleichbehandlungsausschuss) is the parliamentary body in charge of gender equality and women’s policy.[8] The Equal Treatment Committee deals with all bills, motions and reports relating to the equal treatment of women and men and the equal treatment of persons who are discriminated against based on ethnicity, age, religion or beliefs, or sexual orientation. This includes combating gender disadvantages and discrimination and promoting gender equality in all policy areas.
Regional structure
Austria consists of nine Länder (federal states), which have an important role in implementing gender equality and women’s policy. In the Austrian Federal Constitution, the federation, Länder and municipalities all commit to the equal status of women and men as a goal. Although the national-level obligation is the same for all Länder, implementation depends on political commitment, funding and the priority given to gender equality and women’s policy by the various federal state governments and administrations. At the Länder level, resolutions on the implementation of gender mainstreaming have been passed by provincial parliaments, local governments and numerous municipalities.
Consultation with civil society
To promote gender equality, non-discrimination and the elimination of violence against women, the federal budget includes structural funding through women’s project funding. Applications are open to projects that contribute to the 2030 Agenda for Sustainable Development, such as women’s and girls’ counselling centres, projects to break the silence around violence against women, and awareness-raising and practical projects.
The 2024 funding call for the submission of project proposals resulted in a total of EUR 2 000 000 being allocated to 18 projects.[9]
Methods and tools
Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Austria.
Gender impact assessment
Ex ante impact assessments of laws, directives and major programmes proposed at the federal level must explicitly consider the potential effects on gender equality. Outcome-oriented impact assessments looking at the effects of such legislation on gender equality must be carried out by the relevant ministry for every regulatory project or project of financial importance, no later than five years after implementation. Yearly reports are sent to the federal government, which compiles the information.[10]
In addition, an annual report, The consideration of actual equality between women and men within the framework of outcome orientation, is prepared and submitted to parliament.
Gender budgeting
Gender budgeting is well developed in Austria, having been enshrined in the constitution since 2009. Articles 13(3) and 51(8) of the Federal Constitution Act provide the legal basis for gender budgeting, covering the federation, Länder and municipalities. Since 1 January 2013, all federal ministries and the highest national bodies have been obliged to specify five outcome objectives for the annual budget, with at least one objective relating to gender equality, with one corresponding measure and one indicator. The federal government’s cross-departmental impact controlling office provides a reporting format, ensures the quality of the information and consolidates the ministries’ reports.
Training and awareness raising
Although training is provided within the individual ministries, there is no legal obligation to conduct specific training or awareness-raising activities. Despite this, the Federal Academy for Civil Servants (Bundesverwaltungsakademie) offers specific courses to enhance gender competence among civil servants. These courses aim to improve understanding of the legal framework to facilitate its implementation, train executives to support equal treatment of women and men as employees, and train women employees to communicate their aims and preferences with regard to career goals. Participation in these courses in voluntary.
In 2001, the Council of Ministers issued a recommendation that particular attention should be paid to gender-sensitive language in the ministries. Furthermore, the Federal Chancellery published guidelines to raise awareness of the importance of gender-sensitive language among ministries and other governmental bodies, as well as a document outlining examples of gender-equitable language.
Gender statistics
Statistics Austria, the national statistical institute, is the most important agency for gender statistics in Austria. There is an operational unit in charge of producing sex-disaggregated statistics (among other tasks). The mandate of the unit includes the collection, compilation, communication and publication of gender-relevant data and analyses. There is no legal obligation for the national statistical institute to collect and/or disseminate data disaggregated by sex.
Statistics Austria compiles and presents data and facts about the situation of women and men in the country on its website.[11] The aim is to use selected statistics to provide a brief overview of the economic and social situation of women and men in different areas of life. Gender statistics on the topics of demography, education, the labour market, reconciliation of work and family life, income, pensions and the at risk of poverty or social exclusion rate, at both the national and regional levels, are available on the Statistics Austria website. The website includes descriptions and visualisations of the data, as well as links to download the data.
Key publications are available through the Federal Chancellery, which produces several publications and compiles gender statistics. The main publication is its Gender Index report, which has been published each year since 2011, with the most recent edition, published in 2024, entitled Women and Men in Austria – Figures, data and facts 2024.[12]
Monitoring progress
Austria’s institutional mechanisms for gender equality and gender mainstreaming stand above the EU average and show progress compared with 2021.
Explore Austria’s scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action.
Austria: Institutional mechanisms for gender equality and gender mainstreaming