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Mümtaz Karakurt v. Austria

Legal case |
Mümtaz Karakurt v. Austria

 

(Communication No. 965/2000), CCPR/C/74/D/965/2000

Subject:

Article 26 – Discrimination on the ground of other status – nationality, objective and reasonable justification:

A Turkish citizen resident in Austria was prevented from being a representative on a work council because he was not an Austrian or EEA national.

Conclusion:

Violation of Article 26: According to the Human Rights Committee it is not reasonable to base a distinction between aliens concerning their capacity to stand for election for a work council solely on their different nationality, but the claim concerning different treatment between Austrian nationals and aliens is inadmissible pursuant to Austria’s reservation to Article 26.

(Paragraphs 8.3, 8.4, 9)

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