In the 18th century people in Europe increasingly began questioning the idea that the right to rule was God-given.

In 1848, about 60 years after the French Revolution, new ideas were being voiced under the Habsburg Monarchy. People took to the streets and demanded a Constitution, a Parliament elected by the people, and fundamental rights. Although the 1848 revolution failed, many of the revolution’s demands were realized from the 1860s onwards, for instance, that everyone is considered equal before the law. The principle of equality, mentioned at the previous station, is one of the fundamental rights valid under law since 1867.

When the parties were drafting the Constitution in 1920, they were unable to agree on a list of new fundamental rights. In the end, they opted to keep the version from 1867.

Here is a selection of further fundamental rights. The purpose of these rights is to keep the state from making arbitrary decisions that impact the lives of its citizens.

In Austria, fundamental rights are found in the Constitution as well as in other legislation and legal documents.

Human Rights play a key role here: In response to the crimes of the Nazi regime, in 1948 the United Nations created the General Declaration of Human Rights. The first article states: “All human beings are born free and equal in dignity and rights.” Its 30 articles include: protection from discrimination, the right to life, to liberty and security of person, or the prohibition of torture and slavery.

The General Declaration of Human Rights serves as a guideline, which is however not legally binding. The European Convention on Human Rights, signed by Austria in 1958, is however legally binding. Since 1964, it has the same legal status as the constitution, enabling violations of human rights to be tried in a court of law.

Therefore, fundamental and human Rights in Austria are protected through various different legal instruments.

However, not all fundamental rights apply to all people living in Austria. Some fundamental rights are only for Austrian citizens, while others are only for citizens of the EU.

While many people might take the existence and protection of fundamental rights for granted today, they are the product of a long process, which is always on-going.