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20 Jul 2012 by Ludwig Boltzmann

Basic social services for asylm seekers in Austria must be raised significantly

Press Release – 07/20/2012
The judgment of the German Federal Constitutional Court on asylum seekers should prompt a significant increase in financial assistance for asylum seekers in Austria, urges the Ludwig Boltzmann Institute of Human Rights (BIM).

Vienna, 20 July 2012 – The German Federal Constitutional Court ruled on 18 July that the basic benefit rates for German asylum seekers are incompatible with the German Constitution as they are inhumane and therefore, must be raised immediately.

Since 1993, an asylum seeker in Germany has received about 224 Euro per month, 150 Euro less than a citizen receiving social assistance; although the social assistance rate is already considered the minimum subsistence income.

“In Austria, where in big cities the costs of living are sometimes even higher than those in Germany, the rates for asylum seekers are even more inadequate. They are in urgent need of reform,” says Hannes Tretter, director of BIM.

In Austria, an asylum seeker, who has been provided with accommodation, receives a maximum of 190 Euro, 150 Euro of which may be provided in kind for food. The remaining 40 Euro that are always paid out in cash must suffice for physical care, a haircut and the bus fare. Consequently, an asylum seeker has a maximum of 6.30 Euro per day for food and other expenses available.

“It is obvious that this is absolutely inadequate – especially if you consider that the minimum social assistance rate in Austria lies at about 770 Euro,” said Tretter.

The Austrian government, like the German government has apparently defined different subsistence levels for asylum seekers and citizens. Even in early 2006, the UN Committee monitoring the implementation of the ICESCR criticised that support provided for asylum seekers is often considerably lower than benefits for Austrians and recommended Austria to change this practice. Corresponding obligations for Austria exist also under the EU Charter of Fundamental Rights, which protects human dignity and social security.

“This approach reflects discrimination and disrespect for asylum seekers that is no longer tolerable. All human beings have similar needs and supermarkets do not sell food to asylum seekers for a lower rate,” says Tretter.

In its judgment, the German Federal Constitutional Court reminds the legislature that it is not merely the physical existence of asylum seekers that needs to be guaranteed, but that any financial assistance must also allow for minimum participation in social, cultural and political life.

“Six Euro a day are not sufficient to secure three meals, let alone to buy soap, toothpaste and a bus ticket. Going to the movies, visiting a museum or a swimming pool are certainly out of question under these conditions,” says Tretter.