Embarrassing political mishap

Glitch: ÖVP “got it wrong” with gender law

ÖVP security spokesperson Wolfgang Gerstl

(Bild: APA/ROLAND SCHLAGER)

When a clarification causes confusion: In the last National Council session of the current period, a small amendment to the Federal Equal Treatment Act was passed, which caused a great deal of confusion - and will probably not come after all. The ÖVP (Austrian People's Party) only voted in favor of the amendment on gender equality by mistake.

An embarrassing political farce in the last parliamentary session before the national elections: The ÖVP, after all the Chancellor's party, inadvertently approved an amendment to the Federal Equal Treatment Act. For the time being at least, the amendment would have "only" applied to federal civil servants. The amendment would have included changes relating to "equality and equal treatment of women and men".

About the Equal Treatment Act

The Federal Equal Treatment Act (B-GlBG) has existed in Austria since 1993. The B-GlBG has already been amended several times in the past, partly to reflect developments in EU law. The B-GlBG deals with equal treatment on the basis of gender, ethnicity, religion or belief, age and sexual orientation.

Gender Act: The ÖVP voted in favor by mistake.

(Bild: APA/ROLAND SCHLAGER)

The passage should be changed to equal treatment and equality "on the basis of gender", and the concept of gender should no longer be regulated solely by gender characteristics, but also by "gender identity, gender role and gender expression". The "social dimensions" of gender should also be taken into account.

Changes that have also caused a stir among the Greens. Vienna National Council member Faika El-Nagashi even stayed away from the vote. There was astonishment around parliament, especially because of the approval of the conservative ÖVP. Until the Chancellor's party rowed back on Thursday.

"The People's Party firmly rejects the amendment to the definition of gender that was passed as part of the amendment to the civil service law. The original definition of gender would have been perfectly adequate, a change in the legal situation was unnecessary. Unfortunately, with the amendment to the Equal Treatment Act on Wednesday during the last sitting day of the National Council before the election, a provision has been adopted that we firmly reject," states ÖVP constitutional spokesman Wolfgang Gerstl.

The amendment to the employment law is exempt from this, but according to Gerstl it is an excellent overall package - which is in the interests of teachers in particular. "At the constituent meeting, we will repair the error regarding gender definitions," Gerstl continued.

One thing is certain: The inadvertently adopted and soon probably "repaired" changes take into account the case law of the Constitutional Court (VfGH). The Constitutional Court dealt with intersexuality in 2018. In its ruling, the Constitutional Court relied on the opinion of the Bioethics Commission and the European Convention on Human Rights.