|Original name:||Bundesverfassungsgesetz über die Rechte von Kindern|
|Name:||Federal Constitutional Act on the Rights of Children (Children's Rights Act) (BGBI. 4/2011).|
|Subject(s):||Elimination of child labour, protection of children and young persons|
|Type of legislation:||Law, Act|
|Entry into force:|
|Published on:||Bundesgesetzblatt Teil I, 2011-02-15, vol. 4, pp. 1-2
|Bibliography:||Bundesgesetzblatt Teil I, 2011-02-15, vol. 4, pp. 1-2
Act on-line in German/English Bundeskanzleramt, Rechtsinformationssystem (RIS), Austria PDF Act as of 2015 (English/German) (consulted on 2018-05-16)
|Abstract/Citation:||This Act defines the rights of children. It contains eight articles. Article 1 deals with the right of children to protection and care as is necessary for his/her well-being and development. The child's best interest is to be of primary consideration.
Article 2 provides that every child has the right to regular personal relations and direct contact with both parents, unless that is contrary to his or her interests and that any child who is permanently or temporarily deprived of his/her family environment is entitled to special protection and assistance from the state.
Article 3 prohibits child labour. It provides that, with the exception of certain for limited cases provided by law, the minimum age for entry into the workforce shall not fall below the age at which compulsory education ends.
Article 4 provides that every child has the right to adequate participation and consideration of his/her opinion in all matters affecting the child, taking into consideration age and developmental differences.
Article 5 provides that every child has the right to non-violent upbringing. Corporal punishment, the infliction of mental suffering, sexual abuse and other abuses are prohibited. Every child has the right to protection from economic and sexual exploitation. The second paragraph provides that every child who is a victim of violence or exploitation has a right to adequate compensation and rehabilitation.
Article 6 provides the rights for children with disabilities. They have the right to the same protection and care to suit his/her needs. Within the meaning of Article 7 § 1 of the Federal Constitution, the equal treatment of disabled and non-disabled children in all areas of daily life must be guaranteed.
Article 7 provides for the interpretation of this Act with respect to the Constitution. Article 8 contains the final provisions with respect to the competent authority under this Act.