This factsheet was prepared by the Secretariat in March 2023.

It has been updated with information submitted by the Government of Austria in March 2025 displayed in orange and blue text boxes.

The orange boxes contain information submitted by the State Party regarding progress made towards the implementation of the recommendation.

The blue boxes contain examples of national promising practices that respond to “invite” recommendations made by the Committee.

·                    The Committee therefore requires Austria, as it provides for exemptions for adults as regards the criminalisation of possession of CSGSIV to ensure that:

- the child depicted on such images has reached the legal age for sexual activities and has given his/her consent for the possession of such images and/or videos, and that

- the person possessing the CSGSIV and the child depicted on them are of similar ages and maturity (e.g., by setting a maximum age difference among them) in line with para 129 of the Lanzarote Convention’s Explanatory Report, and that

- the production and possession of the mentioned images and/or videos did not involve any abuse.[9]

Follow-up actions:

According to Sec. 207a para 5 CC the exemption for adults is limited only to images of children who have reached the age of sexual consent.

The exemption is only applicable in cases, where free and informed consent is given and, therefore, no abuse is involved. If e.g. the adult coerces the minor to share the image with him, this is not considered to be consensual and the adult will be punishable under Sec. 207a CC.

In 2023 a bill was drafted to amend Art. 207a CC. Besides other changes an age limit to the exemption was proposed: in accordance with the recommendation of the Lanzarote Committee the maximum difference in age among the minor and the adult should be 5 years. During the public consultation a lot of concerns where expressed. Therefore, the age limit was deleted and the bill entered into force without that change. The reason for the concerns is that in Austria consensual, non-abusive sexual activities between a minor, who has reached the age of sexual consent, and an adult who is not a peer is legal. Limiting the exemption in Sec. 207a para 5 CC would have lead to a major contradiction which could be illustrated by the following example: A 24-year-old male would be allowed to be in a (sexual) relationship with a 17-year-old female and have children with her. The 24-year-old would, however, not be allowed to produce and possess sexual explicit images of his partner. He would be liable to prosecution if he had a sexual explicit image of his partner, which was voluntarily transmitted by her, on his mobile phone. A conviction in such a case would have far-reaching consequences – possibly including a ban from his profession and occupation. That result does not seem to be in the best interest of a minor who has reached the age of sexual consent and has a consensual relationship with an adult.

·                    The Committee however requests Austria to ensure in its legal framework[13] that a child will not be prosecuted when he/she possess:

- their own self-generated sexually suggestive or explicit images and/or videos;

- self-generated sexually suggestive or explicit images and/or videos of another child with the informed consent of the child depicted on them;

- the self-generated sexually suggestive or explicit images and/or videos of another child as a result of receiving them passively without actively asking for them.[14]

Follow-up actions:

The exemption in Sec. 207a para 5 CC is not limited to adults but refers to all persons. Therefore, a minor who has reached the age of sexual consent is not criminalised for possessing own self-generated sexually suggestive or explicit images and/or videos or those of another child with the informed consent of the child depicted on them. As for the last point: if child A received a sexually suggestive or explicit image and/or video of  child B by child B and keeps it (without distributing it), that would also be covered by the exemption of para 5.

However, this only refers to images and/or videos of children who have reached the age of sexual consent.

There is a further exemption in Art 207a para 6 CC: A person who possesses his or her own self generated images and/or videos is exempt from criminalisation.

The introductory decree to the Federal Act  mentioned on page 7 also deals with the approach of the public prosecutor's offices regarding the possession of CSGSIV depicting a child, who has not reached the age of sexual consent by a minor, who has reached the age of sexual consent. In summary, criminal charges should only be filed against children in special cases (e.g. if there are relevant cases of re-offending).

The Committee therefore requests Austria:

·                    to ensure that the distribution or transmission by children of self-generated sexually explicit images and/or videos of other children is prosecuted as a last resort when such images and/or videos qualify as “child pornography” in accordance with Article 20(2) Lanzarote Convention.[16]

Follow-up actions:

As pointed out in the paragraph above, Austria is in compliance with this recommendation. The distribution of such material of other children is criminalised in Austria and will, therefore, be prosecuted as a last resort.

Promising practices:

With the Federal Act amending the Criminal Code, the Code of Criminal Procedure 1975, the Communications Platforms Act and the Audiovisual Media Services Act, Federal Law Gazette I No. 135/2023, the term “child pornography” in the Austrian Criminal Code was replaced by the term “pictorial sexual child abuse material and pictorial sexual depictions of minors” taking into account the international terminology guidelines and the recommendation II-1 of the Lanzarote Committee in this report.

As to the recommendation concerning the prosecution of possessing CSGSIV and the act of extortion Austria wants to highlight that indeed both crimes would be prosecuted and – if those conducts can be proven beyond a reasonable doubt – the perpetrator would be convicted for both crimes.

Concerning the last invite recommendation Austria would like to point out, that according to Sec. 208a CC the solicitation of children for sexual purpose is punishable if the perpetrator suggests a meeting and makes some specific preparations for it. However, it is not required, that an actual meeting takes place.

Mindful of the different contexts in the Parties as recalled in para 235 of the Explanatory Report, the Committee requests those Parties that are not already doing so to ensure that law enforcement and prosecution units, services or persons specialised in ICT facilitated sexual offences against children are adequately financed to ensure sufficient resources, including staff, equipment and training.[44]

Follow-up actions:

By resolution of the Council of Ministers of 25.1.2023, the Federal Government adopted a package of measures to protect children and young people from violence with a focus on sexual violence: effective prevention and effective prosecution. A key pillar of this package of measures is the increase in personnel at the Cyber Competence Center at the Federal Criminal Police Office and the procurement and implementation of special software that enables automatic image comparison and thus simplifies investigations.

It should be noted that budgeting in the area of justice in Austria is carried out at the level of the four Austrian Higher Regional Courts and the necessary budget funds for the individual courts and public prosecutor's offices dealing with ICT facilitated sexual offences against children are taken into account within this framework. Since there have been significant increases in the judicial budget in recent years, the budget funds required to cover personnel and material expenses are also available for the handling of cases concerning ICT facilitated sexual offences against children.

The Committee requires all Parties to ensure that investigations and criminal proceedings in ICT facilitated sexual offences against children are treated as priority and carried out without any unjustified delay.[53]

Follow-up actions:

Section 9 of the Austrian Code of Criminal Procedure states that every accused has the right for proceedings to be concluded within a reasonable period. Proceedings must always be conducted expeditiously and without undue delay. Should the accused be detained the proceedings are to be conducted with particular expedition.

Hence, this not only has an impact on accused persons but also on children who are victims.

Since December 2024, a new software solution has been available to the Criminal Intelligence Service Austria to support investigators in receiving, pre-sorting and graphically processing suspicious activity reports from the US NGO NCMEC (National Center for Missing and Exploited Children). This allows such suspicious activity reports to be screened more quickly for acts of abuse and the information to be forwarded to the Criminal Investigation Departments within the scope of local jurisdiction. The procurement and operation of the tool is being financed by the Internal Security Fund (ISF) as part of an EU project.

Promising practices:

The challenges raised by CSGSIV and ICT facilitated coercion or extortion of children and ICT-facilitated sexual offences against children are discussed at the regular seminar on combating sexual offences. The Cybercrime certificate course also addresses the different dangers of sexual offences against children associated with new technologies.

·                    The Committee requests Parties that are not already doing so, including Austria, to endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with the Lanzarote Convention where the offence is committed against one of its nationals or a person who has his or her habitual residence in their territory.[65]

Follow-up actions:

Austria constantly endeavors to further develop its criminal law in order to efficiently fight sexual abuse of children. According to Art. 64 para 1 lit. 4a CC Austria has established jurisdiction over most of the offences covered by the Convention in cases where the crime is committed against an Austrian national. The dual criminality principle is not a prerequisite for prosecution in those cases.

Promising practices:

The Committee requests all Parties, including Austria:

·                    to extend their international cooperation with other Parties to improve the effective implementation of the Lanzarote Convention.[74]

Follow-up actions:

CIS (Criminal Intelligence Service) is in a constant exchange of experience and information with Europol – in particular the European Cybercrime Centre (EC3), INTERPOL and the Law Enforcement Authorities worldwide.

Austria persistently endevaours to promote mutual legal assistance and extradition based on multilateral conventions with the broadest possible field of application. Austria therefore strongly supports on-going projects to support the accession of third states to CoE conventions on mutual legal assistance and on extradition. The further development of the MLA and extradition framework of the CoE e.g. through the work on Draft Third Additonal Protocol to the European Convention on MLA in PC-OC or the work of the T-CY on the Budapest Convention and its protocols is also of utmost importance in strengthening international cooperation, in particular in combating CSGSIV and other forms of on-line sexual exploitation of children.  Austria regularily revies its national MLA and extradition legislation to keep it in line with international instruments and to solve potential difficulties reported by practitioners.

Promising practices:

See above.

The Committee requires Austria:

·                    to take the necessary legislative or other measures to encourage and support the establishment of information services, such as telephone or internet helplines, to provide advice to child victims of sexual exploitation and sexual abuse facilitated by ICTs as well as persons wishing to help them, in a confidential manner or with due regard for their anonymity. These information services should be made available as widely as possible. This can be done in several ways: the service is available at extended hours, it is delivered in a language that the caller, and especially the child, can understand, and it is free of charge.[86]

Follow-up actions:

 Various NGOs are funded by the Criminal Intelligence Service of Austria in order to provide services related to child victims of sexual abuse. This funding occurs on a regular basis and is also carried out currently.

The Länder (federal states) are also taking measures in this area, e.g.:

The Vienna Child and Youth Services supports the telephone helpline for children and young people Rat auf Draht, which is available around the clock for underage victims of sexual violence. The Möwe child protection centre, which specialises in sexual violence and offers online counselling (e-mail), is also supported.

The Vienna Child and Youth Services have established an online helpline called “Talkbox”, operated by psychologists. In addition, the general service helpline of the child protection authorities offers initial support through social workers with in-depth knowledge of the Austrian child protection system. This service is also equipped to identify cases of child sexual exploitation and abuse facilitated by ICT and ensure their referral to the appropriate services.

The service hotline of the Vienna Child and Youth Services is available from 8.00 am to 3.30 pm.

In Tyrol there is a state-wide network of various protection facilities (e.g. child protection groups, violence protection centers, etc.). Minors and young adults can turn to child protection centers, crisis facilities and school social work as well as the district administrative authorities themselves. . In order to ensure quality in this area, further training is funded and a child protection concept must be submitted as part of the approval process (see comment in chapter X. for details). Further quality assurance features are anchored in the law and regulations. Also, staff training on these topics is required by law.

·                    to take the necessary legislative or other measures to assist child victims of sexual exploitation and abuse, in the short and long term, in their physical and psycho-social recovery, these measures must take due account of the child’s views, needs and concerns.[87]

Follow-up actions:

 .  Programmes related to long term physical and psychological recovery are being provided by Austrian NGOs that receive substantial funding from the Austrian government. This funding is currently carried out.

The Länder (federal states) are also taking measures in this area, e.g.:

The Viennese child protection authority continues to invest in a specialized facility (“Krisenzentrum Drehscheibe”) as a first accommodation child victims of sexual exploitation and abuse deprived of his or her family environment where psychological support is possible.

The Vienna's child and youth welfare services offer comprehensive help for underage victims of sexual violence, such  as counselling, early help and psychotherapy as well as outpatient socio-educational care as part of support for parenting or inpatient socio-educational care if it is not possible to remain in the family (Sections 29 and 30 of the Child and Youth Welfare Act 2013).

Promising practices:

Health:

In August 2024 a special directive called “Strengthening crisis intervention” came into force in Austria. As part of this special directive, Austrian child protection centers will receive a total of 10 million euros in funding until 2026. The 34 child protection centers in Austria offer easily accessible counselling for young people and their families as well as psychological and psychotherapeutic treatment for traumatized children. The family environment and educational and care institutions are always involved.

The primary aim of the special directive “Strengthening crisis intervention in Austria” is to enable institutions and measures that are essential for psychosocial (crisis) care, but which are heavily dependent on funding, donations and generally mixed financing, to provide the general population with the best possible support in coping with current general and personal crises given the increasing need. The funding should therefore be available for the (temporary) increase in staff, the improvement of technical equipment, the expansion of extended services (e.g. chat advice, strengthening foreign language services or interpreting services) and innovative approaches.

Promising practices:

The Vienna Child and Youth Services is part of the network against sexual violence against girls, boys and adolescents, for detailed information on participating institutions see: https://wienernetzwerk.at/. Within the framework of this network, regular meetings of the participating institutions take place in which current topics and developments are discussed as well as the services offered by the participating institutions. Once a year, a symposium is organised on issues relating to sexual violence. The symposium is aimed at professionals from the education sector (kindergartens, after-school care centres, schools), socio-educational institutions, psychotherapists and psychologists, as well as professionals from the police and judiciary.

Promising practices:

As of the academic year 2024/25, a mandatory child protection policy, which includes a risk analysis, has been introduced in all schools, Austria-wide. This includes the formation of a ‘child protection team’ at each school, the establishment of codes of conduct and the definition of clear procedures - for example, on how to deal with suspected cases of sexual abuse. The implementation of this new policy will raise awareness of preventive measures and provide clear guidance on how to respond in suspected cases.

The Safer Internet Digital Child Protection Unit (“Safer-Internet-Fachstelle digitaler Kinderschutz”) supports professionals who work with children and young people at the interface between the digital world and child protection. A particular focus of its work is the prevention of sexual exploitation and abuse on the internet. The aim of this unit is to keep practitioners and organisations abreast of current developments and to be available to them as a point of contact. This is done through the provision of expertise and materials, the organisation of training courses and workshops, and by supporting the development of child protection policies.

Furthermore, Safer Internet workshops and information events are organised in schools for pupils, teachers, parents and guardians. The importance of this issue for Viennese educational institutions and school partners is demonstrated by the participation of numerous Viennese schools on Safer Internet Day and at the Safer Internet Symposium for teachers, parents and guardians.

The Vienna Child and Youth Services hire social workers and child caretakers exclusively from candidates with specific qualifications. As part of their training curriculum, education on identifying any situation of sexual exploitation and sexual abuse of children is a mandatory component. All socio-educational facilities of the Viennese child and youth welfare services must have a concept for violence prevention and sex education.The employees of Vienna's child and youth welfare services receive specific training on forms of harassment, exploitation and abuse of children and young people on the internet and in social media. All new employees must complete further training as part of a qualification programme on sex education and protection against violence. There are also guidelines on how to proceed in the event of suspected sexual offences.In discussions with minors, the dangers of creating and/or sharing sexual images and/or Videos of themselves are emphasised.

The Committee requires all Parties, including Austria:

·                    to ensure that all children at primary and secondary level receive information about the risks of child sexual exploitation and sexual abuse facilitated by ICTs. Organising lectures and/or activities on this topic should not be left to the discretion of schools or teachers.[117]

Follow-up actions:

New curricula for primary and lower secondary schools were introduced at the beginning of the academic year 2023/24. A focus of the new curricula is placed on developing interdisciplinary compe-tencies such as motivation, self-awareness and self-confidence, social skills and study skills. Sex education and reflexive gender education and equality are overarching topics that are a mandatory part of the new curricula. The competence objectives for this subject at the end of primary school (grade 4) include the following:

Pupils can

- Identify and express their own emotions (e.g. joy, fear, affection, and loneliness), wishes, personal boundaries and needs, in an age-appropriate manner, as well as to recognise, accept and respect those of others.

- Ask questions or seek help from relevant people or organisations when faced with problems.

The competence objectives at the end of lower secondary school (8th grade) include:

Pupils can

- Deal with feelings (such as falling in love, disappointment, anger, fear and insecurity), speak about them and gain self-confidence with regard to their own desires and personal boundaries.

- Speak up against discriminatory and abusive behaviour and seek help.

The subject of Basic Digital Literacy (Digitale Grundbildung) has been established in school curricula as a compulsory subject since the academic year 2022/23, starting in fifth grade. The curriculum places a particular focus on the secure handling of personal data, and the safe use of social media and the internet.

Promising practices:

The specialist unit combating sexual violence against children and young people, Selbstlaut, provides materials for schools in the form of a brochure, 'Mindful School. Guidelines for the structural preven-tion of sexual exploitation and abuse' (Achtsame Schule. Leitfaden zur strukturellen Prävention von sexueller Gewalt).

The following links and organisations support schools with the implementation of the demands of the new curricula and developing competencies in the areas of sex education and reflexive gender education and equality:

- General information on the overarching topic of sex education can be found on the Federal Ministry for Education, Science and Research website for school psychology(Sexualpädagogik - Schulpsychologie - Bundesministerium Bildung, Wissenschaft und Forschung).

- Eduthek is the teaching material data bank of the Federal Ministry for Education, Science and Research, it too provides teaching materials on various topics related to sex education.

- Schools also have the option of using external organisations to provide sex education con-tent. Quality-assured services are listed at www.sexualpaedagogik.education.

- GIVE - Centre for the Promotion of Health in Austrian Schools (Servicestelle für Gesund-heitsförderung an Österreichs Schulen) an initiative of the Federal Ministry for Education, Science and Research, the Federal Ministry for Social Affairs, Health, Care and Consumer Protection and the Austrian Youth Red Cross (ÖJRK). This website provides material on sex education in schools, for all school levels: https://www.give.or.at/material/sexualerziehung-in-der-schule-alle-schulstufen/.

- Selbstlaut, a specialist unit for combating sexual exploitation and abuse of children and young people. Brochure: 'Mindful School. Guidelines for the structural prevention of sexual exploitation and abuse' (Achtsame Schule. Leitfaden zur strukturellen Prävention von sexueller Gewalt). https://selbstlaut.org/wp-content/uploads/Selbstlaut-Leitfaden-20201003_Web.pdf

- Austrian Society for Family Planning (Österreichische Gesellschaft für Familienplanung) In-formation and materials on contraception, sexual and reproductive health, e.g., contraception kits, posters, brochures etc.: https://oegf.at/shop/.

- Austrian AIDS Support Organisation (Aids Hilfen Österreichs) - Information and resources regarding sexual health for educators and young people https://aids.at/praevention/jugendarbeit/.

In addition, the Committee requires Austria:

·                    to ensure that teaching or training on the rights of children and their protection for persons who have regular contacts with children (i.e. in the education, health and social protection sectors and in areas relating to sport, culture and leisure activities) is not optional.[128]

Follow-up actions:

Dealing with sexual assault and the prevention of sexual exploitation and abuse is a fundamental part of the Austrian teacher-training curriculum. However, it is seldom a separate major subject area, but rather embedded in a series of pedagogical, educational science or legislative modules. This equips trainee teachers with the basics they need to act appropriately in an emergency and be pro-active in terms of prevention. For those who wish to pursue the subject in more depth, there are opportunities for further training and in-depth study at universities, university colleges of teacher education or through external specialist organisations (e.g. child protection services).

The following examples of further education seminars are taken from the professional development programmes for school staff at the University College of Teacher Education for Vienna (Pädagog-ische Hochschule Wien), the private University College of Teacher Education of Christian Churches Austria (KPH Wien/Krems) and the Centre for Teacher Education at the University of Vienna:

- Let's Talk About Sex?! Age-appropriate sex education made easy! (Altersgerechte sexuelle Bildung leicht gemacht)

- Prevention of violence against women and girls by raising awareness (Gewaltprävention für Mädchen und Frauen durch Bewusstseinsbildung)

- Prevention of sexual exploitation and abuse of children (Prävention von sexualisierter Gewalt an Kindern)

- Child protection policies in practice (Kinderschutzkonzepte in der Praxis)

- Self-perception, role models and perception of gender: children and young people on the Internet (Selbst-, Rollen- und Genderbilder: Kinder und Jugendliche im Internet)

- Bullying and cyberbullying - what really helps! Informational event hosted by the Regional Police Department for Vienna (Mobbing und Cybermobbing - was wirklich hilft! Informationsveranstaltung der Landespolizeidirektion, Wien)

- Respect online - social media, diversity, and human rights (Respekt im Netz - soziale Medien, Diversität und Menschenrechte)

- Practicing child protection in everyday educational settings (Kinderschutz im pädagogischen Alltag leben)

- Kija (Child and Youth Advocacy): Child protection in secondary schools - current developments, practical examples, and implementation at school (Kija - Kinder- und Jugendanwaltschaft: Kinderschutz in der Sekundarstufe: aktuelle Entwicklungen, Praxisbeispiele und Umsetzung an der Schule)

- Child and Youth Protection: Fundamentals, Prevention, Intervention (Kinder- und Jugendschutz: Grundlagen, Prävention, Intervention)

- Sexual education and prevention (of sexual exploitation and abuse) in school contexts (Sexualpädagogik und Prävention in schulischen Kontexten)

- Dealing with child welfare endangerment - in-depth and case studies (Umgang mit Kindeswohlgefährdung - Vertiefung und Fallarbeit)

The ‘Guidelines for dealing with material depicting sexual exploitation and abuse of children and sexual depictions of minors’ (Handlungsleitfaden zum Umgang mit bildlichen sexualbezogenem Kindesmissbrauchsmaterial und bildlichen sexualbezogenen Darstellungen minderjähriger Personen) inform professionals in psychosocial and educational institutions of the legal framework, describe step-by-step procedures and also include information on preventive measures. The aim is to create safe and supportive environments for those affected and to protect professionals from the risk of inadvertently violating the law. The terminology used in this guideline follows the recommendations of the ‘Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse’ (see Implementation Report/II. Legal framework). Saferinternet.at/ Austrian Institute for Applied Telecommunications (Österreichisches Institut für angewandte Telekommunikation - ÖIAT) Manual for Educators: Sex and Violence in Digital Media (Handbuch für PädagogInnen: Sex und Gewalt in digitalen Medien) https://www.saferinternet.at/fileadmin/categorized/Materialien/Sex_und_Gewalt_in_digitalen_Medien.pdf.

As part of their training, doctors are trained according to the contents of the so-called grid certificates. Upon receiving the grid certificate, doctors have acquired the competences described therein. The teaching content can be found in the Ordinance of the Austrian Medical Association on Knowledge, Experience and Skills in the Training of General Practitioners and Specialists, as well as on the design and form of the grid certificates, examination certificates and training books (KEF and RZ-V 2015).

As part of their basic training, doctors must acquire knowledge of documentation, the duty of confidentiality, disclosure and reporting obligations as well as medical information, the ability to give consent and the consent of patients or their representatives to medical treatment in connection with criminal and civil liability provisions.

The teaching content of the special subject of gynaecology and obstetrics includes recognising signs of abuse and caring for women after violence, including female genital mutilation. The special subject of paediatrics and adolescent medicine is according to the aforementioned ordinance intended to provide doctors among other things with knowledge about the function and working methods of child protection groups and about crisis intervention for children, adolescents and accompanying persons.

The healthcare sector has an important role in victim protection and violence prevention. Austria has a number of activities in place to improve the recognition and documentation of violence and the support of victims in and by healthcare organizations. Hospitals are legally obliged to implement child protection groups (already since 2004) and victim protection groups (for adult victims, since 2011/12). These groups take on a central role in the procedures against mistreatment, abuse and neglect.

The personnel composition depends on the range of services offered by the hospital. Usually, there are medical doctors (ideally trauma surgery, gynaecology and obstetrics), representatives of nursing service and psychological or psychotherapeutic care. The (main) task of the protection group is to train and sensitize health care staff in order to be able to provide high-quality early detection of domestic violence or abuse in patients presenting at the hospital. Training also covers the documentation of violence or abuse. This is important in order to be able to use evidence for any subsequent criminal prosecution. For that purpose, hospitals provide material resources such as premises, technology, cameras, printing costs, etc..

In Tyrol, under the Tyrolean Child Education and Childcare Act (TKKG),   a child protection concept is required for every childcare facility. Sect. 17 of the TKKG obliges all providers of childcare facilities to set up and implement a child protection concept. This concept is specifically aimed at protecting children in facilities such as crèches, kindergartens and after-school care centers and ensures that the handling of potential threats to child welfare is regulated. The child protection concept is not a one-off measure, but an ongoing process that requires regular review and adaptation of the concept.

The concept hast to include the following specific content: risk analysis, a code of conduct, guidelines for dealing with complaints and suspected cases and a plan for implementation. It is crucial to recognize the risks for children in different contexts in order to protect them from any form of violence in the best possible way.

The child protection concept also includes measures to prevent child endangerment. This includes the identification of risk indicators and the implementation of procedures for the early detection of potential risks. Childcare staff should be sensitized to recognize warning signs of mistreatment, neglect or sexual abuse and respond appropriately. The implementation of effective protective measures ensures that children are protected from violence, abuse, neglect or exploitation.

The Code of Conduct aims to create a safe and secure environment for the children. In the course of their work, childcare staff are responsible for the well-being and safety of the children. The Code of Conduct sets out standards for treating children with respect, regardless of their age, gender, stage of development, religion, origin or other distinguishing features, and treats them as equals. A central component of the child protection concept is the definition of clear instructions on how to proceed in the event of suspected child endangerment. This includes, among other things, the obligation to report to the relevant authorities and cooperation with external specialist agencies (e.g. the police).

The child protection concept must be accessible and transparent for all parties involved. This means that parents as well as childcare staff and other involved parties must be informed about the existing regulations. It should be clearly communicated how child protection is ensured in the facility and what steps are taken in the event of suspicion. The providers of childcare facilities are obliged to implement all child protection measures in a documented manner and to evaluate them regularly. The concept must be evaluated at least every two years and adapted if necessary. The child protection concept in accordance with Sec. 17 TKKG thus ensures that a comprehensive and targeted approach to the protection of children in childcare facilities is pursued in Tyrol. It obliges the providers of childcare facilities to take preventative measures and to follow clear instructions in the event of suspicion. The concept is therefore an important instrument for recognizing and preventing child endangerment at an early stage.

The childcare staff must not only deal intensively and comprehensively with the rights of children and their protection on a voluntary basis, but above all due to the binding requirements of the child protection concept, in order to ensure a safe and respectful environment for the children. This discussion is therefore not just an optional measure, but a necessary responsibility that is legally enshrined in the Tyrolean Child Education and Childcare Act and applies to all childcare staff.

·                    to ensure that the persons who have regular contact with children are equipped to identify any situation of sexual exploitation and sexual abuse of children and are informed of the possibility for them to report to the services responsible for child protection any situation where they have “reasonable grounds” for believing that a child is a victim of sexual exploitation and sexual abuse of children:

- in the education sector

- in the health sector

- in the social protection sector

- in areas relating to sport, culture, and leisure activities.[129]

Follow-up actions:

See answer above.

Furthermore, in Vorarlberg a victim protection group has been set up at Dornbirn City Hospital, which also advises and, if necessary, supports the other hospitals in Vorarlberg. Doctors and nursing staff working in the outpatient clinics must complete a mandatory six-hour training course on victim protection and repeat this training every two years. It is planned that staff at other regional hospitals will also be able to take part in such training courses in future.

The training consists of several modules and is designed to provide participants with knowledge on how to recognise (sexual) violence, how to communicate with patients, parents and other agencies, how to secure and preserve evidence and how to proceed in the event of a complaint.

In addition to the victim protection group, the child protection group has also been set up at Dornbirn Hospital. This group supports and advises doctors and nursing staff in cases of suspected sexual abuse of children and adolescents. Some members of the child protection group have attended a special course on child protection at the German Society for Child Protection in Medicine in Kassel (Germany).

In the context of child and youth welfare, the State of Lower Austria regularly offers

training and further education measures with regard to prevention, recognition and dealing with sexual exploitation and sexual abuse of minors.

As part of the basic training for social workers at district administrative authorities, a two-day seminar is held on the topic of “Dealing with sexual violence in child and youth welfare”.

In addition, further training measures are regularly offered for employees in the area of educational support and social services. In 2023, for example, a seminar was held on the topic of “Sexual abuse”; in 2024, seminars were held on the topics of “Dealing with sexually conspicuous persons” and “Child trafficking”.

Networking meetings are held to promote regular exchanges between people working in the field of child and youth welfare, with the aim of raising awareness among those involved in order to be able to identify and respond more quickly to circumstances that indicate (attempted) sexual exploitation or (attempted) sexual abuse of minors.

In Tyrol, the child protection concept includes guidelines for dealing with complaints and suspected cases as well as a plan for implementation and enforcement. The overall goal of this concept is to protect children from any form of abuse or neglect. The guidelines are intended to ensure that care staff know exactly how to react appropriately and responsibly in cases of suspicion or complaints. It is essential that all childcare staff receive regular training in the areas of child protection, recognizing symptoms of abuse and the correct way to deal with suspected cases. The provider of the facility must ensure that childcare staff are adequately trained to recognize risks and respond appropriately. In addition to responding to specific incidents, it is equally important to integrate preventative measures relating to child protection into everyday teaching in order to minimize the risk of abuse and neglect. These include clearly defined rules of conduct and regular discussions with the children in order to create a trusting and safe environment in which the children feel protected. This promotes a feeling of security. The child protection concept is a dynamic, continuously evolving instrument that establishes a culture of protection and attentiveness to the rights and well-being of children. It is crucial that all childcare staff are actively involved in the implementation of the concept and receive regular training in the relevant areas. The legal obligation to set up a child protection concept in every childcare facility ensures that childcare staff are able to recognize signs of sexual exploitation and sexual abuse and react accordingly. This is intended to ensure that suspected cases are handled correctly and to establish a culture of vigilance and responsibility that serves to protect children. In addition, Section 36 (2) TKKG obliges all caregivers to immediately report any suspicion of neglect, mistreatment or sexual abuse of children in their care to the child and youth welfare services. This applies if there is reasonable suspicion that a specific child has been mistreated, sexually abused, neglected or is otherwise at considerable risk. caregivers are also provided with comprehensive information about their reporting obligations and the relevant contact points to report any situation in which there are “reasonable grounds” to believe that a child may have been the victim of sexual exploitation or sexual abuse. This is done both through the guidelines for dealing with complaints and suspected cases as well as through preventative protective measures and training.

Promising practices:

E.g.

- in Vorarlberg, if sexual abuse of a minor is suspected, special (internal) procedures are followed:

A distinction is made between so-called ‘acute cases’ and cases that have been announced via the Institute for Social Services (IFS), for example. The announced (suspected) cases are usually brought to the child protection outpatient clinic within 72 hours for the purpose of securing evidence. A doctor of gynaecology or, if necessary, another specialist (depending on the case) is always consulted. It is always organised in such a way that a person accompanying the minor can be present. Children and their parents are always interviewed separately as part of the documentation, which is carried out using a separate documentation form for male and female minors. The record of the admission, forensics and the interview with the patients and their accompanying persons is kept in case a complaint is made.

- in Tyrol, in order to further promote the awareness and commitment of educational professionals and assistants to child protection, the Department of Elementary Education and General Education of the Office of the Tyrolean Provincial Government is offering workshops on the topic of “Child Protection” for the management of elementary educational institutions in the 2024/25 childcare year. The focus of these workshops is to provide educators with scope for action. The aim is to ensure that children grow up in a safe and supportive environment that promotes their development into self-confident and strong personalities.

In the area of prevention, especially in the training and information of professionals,  the further training offered by the University College of Teacher Education Tyrol (PHT) can be mentiones. It  is supported by state funds. For the year 2025, the PHT is offering further training in particular to raise awareness of sexuality and its boundaries in children:

- The importance of children's sexuality for the development of their own identity (“nose, belly and bottom”): This training course addresses the question of how childhood sexuality manifests itself and what role it plays in the development of personal identity. The importance of prevention work is also addressed, particularly with regard to recognizing and preventing abusive behaviour.

- “Show me what you've got!” (Linguistic support for the sexual development of children): This training course deals with the sexual development of children and explains key concepts of sexual education. It also introduces methods for dealing with questions about girls' and boys' bodies and gender differences in a sensitive and age-appropriate way.

Promising practices: