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1

Up to which age is one regarded as a child and young person respectively?

 

There is no single definition about „child“ and „young person”. You are considered as a minor, If you haven´t completed your 18th birthday (§ 21 para 2 Civil Code).
According to the law for the protection of the youth of the states Steiermark, Kärnten, Tirol and Vorarlberg, person are children up to 14 years of age. Person from the age of 14 up to 18 years of age are considered as young people.
The law for the protection of the youth of the state Oberösterreich determine all person up to 18 years of age as young people.
The law for the protection of the youth of the states Wien, Niederösterreich and Burgenland is using “young people” up to 18 years of age instead of saying children or young person.
You become a major with 18 years.

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2

Are children/teens allowed to stay in public places?

 

Vienna, Lower Austria, Burgenland:
A person up to 14 years of age (accompanied by their parent) is allowed to stay in public places between 5am and 10 pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and 1 am of the following day (accompanied by their parent).  
   
Styria:   
A person up to 14 years of age is allowed to stay in public places between 5am and 9pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and 11pm.
From 16 years of age a person is allowed to stay in public places between 5am and 2 am of the following day.
If the person is accompanied by their parents, the time limit does not apply.
From 14 years of age a person is allowed to stay in schools or youth organisations after 11pm without being accompanied by their parents.      

Carinthia:
A person up to 14 years of age is allowed to stay in public places and during events between 6am and 10pm. A person up to 14 years of age is allowed to stay in restaurants between 6am and 10pm when accompanied by their parents. A person up to 14 years of age is allowed to stay in public places between 6am and 1 am of the following day when accompanied by their parents.
From 14 up to 18 years of age a person is allowed to stay in public places and during events between 6am and midnight.
From 14 up to 18 years of age a person is allowed to stay in public places and during events between 6am and 2am if the following day will be a Sunday or official holiday.      

Upper Austria:
A person up to 14 years of age is allowed to stay in public places between 5am and 10pm. These restriction does not apply, if the person is accompanied by their parents.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and midnight. There is no restriction from 16 years of age.      

Salzburg:
A person up to 12 years of age is allowed to stay in public places between 5am and 9pm.
A person up to 14 years of age is allowed to stay in public places between 5am and 10pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and 11pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and midnight if the following day will be a Sunday or official holiday.      

Tyrol:
A person up to 14 years of age is not allowed to stay in public places between 10pm and 5am of the following day. From 14 up to 16 years of age person are not allowed to stay in publick places between 1am and 5am without accompanied by their parents.
A person up to 14 years of age is allowed to stay at public events till 10pm. If they are accompanied by their parents, they are allowed to stay till midnight.
A person up to 16 years of age is allowed to stay at public events till 1pm. There are no restriction for school events, events from denominations accepted by law, events from churches and in the context of institution of the Youth care when accompanied by their parents.      

Vorarlberg:
A person up to 12 years of age is allowed to stay in public places between 5am and 10pm.
From 12 up to 14 years of age a person is allowed to stay in public places between 5am and 11pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and midnight.
From 16 up to 18 years of age a person is allowed to stay in public places between 5am and 2am of the following day.   

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3

Are children/teens allowed to stay in restaurants or dance halls / ballrooms?

 

In addition to above mentioned time regulation it is also important to note that the event is allowed for children and young people. 

Vienna, Lower Austria, Burgenland:
A person up to 14 years of age (accompanied by their parent) is allowed to stay in public places between 5am and 10 pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and 1 am of the following day (accompanied by their parent).      

Styria:
A person up to 14 years of age is allowed to stay in public places between 5am and 9pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and 11pm.
From 16 years of age a person is allowed to stay in public places between 5am and 2 am of the following day.
If the person is accompanied by their parents, the time limit does not apply.
From 14 years of age a person is allowed to stay in schools or youth organisations after 11 pm without being accompanied by their parents.      

Carinthia:
Children unaccompanied by their parents are not allowed to stay without good cause in venues serving patrons of the hospitality industry. This prohibition applies to young persons in the period from midnight to 5:00am and in the night before Sunday and holidays to young people up to 16 years of age from 2:00am to 5:00am. Children accompanied by their parents may stay until midnight at the latest. "Good cause" means, for example, staying to eat meals or to bridge waiting times, provided their parents approve.

Upper Austria:
A person up to 14 years of age is allowed to stay in public places between 5am and 10pm. These restriction does not apply, if the person is accompanied by their parents.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and midnight. There is no restriction from 16 years of age.      

Salzburg:
A person up to 12 years of age is allowed to stay in public places between 5am and 9pm.
A person up to 14 years of age is allowed to stay in public places between 5am and 10pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and 11pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and midnight if the following day will be a Sunday or official holiday.      

Tyrol:
Children up to 14 years of age are only allowed to stay in restaurants if accompanied by a parent or in the case of good cause. Young people up to 16 years of age are allowed to stay in restaurants and dance halls until 1:00am unaccompanied by their parents.      

Vorarlberg:
A person up to 12 years of age is allowed to stay in public places between 5am and 10pm.
From 12 up to 14 years of age a person is allowed to stay in public places between 5am and 11pm.
From 14 up to 16 years of age a person is allowed to stay in public places between 5am and midnight.
From 16 up to 18 years of age a person is allowed to stay in public places between 5am and 2am of the following day.

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4

Are children/teens allowed to stay in night clubs, bars, casinos, places for gambling etc.?

 

Definitions of "places harmful to young people" vary somewhat, but everywhere minors are prohibited from entering such places. Access to bars and nightclubs is also prohibited to minors.

Vienna:
Young people may not stay in playing halls or other places dedicated largely to gambling or which are mostly intended for the operation of gaming machines through which money, tangible assets or other cash equivalents can be received. Young people may not play gaming machines through which money, tangible assets or other cash equivalents can be received. Young people up to 14 years of age may not stay in playing halls or other public places where more than two gaming machines through which money, tangible assets or other cash equivalents can be received have been set up.

Lower Austria:
Persons up to 14 years of age are prohibited from staying in gambling halls.

Burgenland:
Persons up to 18 years of age are prohibited from staying in betting halls and gambling halls. Young persons are prohibited from entering premises in which gaming machines are set up separately. Persons in whose premises gaming machines are operated separately are obliged to warrant that young people cannot gain access to such premises and to assure in this spirit through an identification system that young people cannot enter such premises.

Styria:
It is not allowed to stay in brothels or similar establishments.
Up to 14 years of age persons are not allowed to stay in gambling halls as well as to use gambling machines except when accompanied by their parents. Persons under 18 years of age are not allowed to enter areas where gambling machines positioned.
Persons under 15 years of age are not allowed to use gambling machines and to stay in areas which offer gambling machines. Participation in gambling (lotto, the numbers, class lottery) is prohibited for persons under 18 years.

Carinthia:
Up to 18 years of age a person must not stay in night clubs, public houses and restaurants as well as brothels or similar establishments.      

Upper Austria:
Up to 18 years of age a person must not stay in night clubs, brothels or similar establishments.
Persons under 18 years of age are not allowed to stay in betting shops and casinos. They are also not allowed to use gambling machines.
Participation in gambling (lotto) is prohibited for persons under 14 years.

Salzburg:
Up to 18 years of age a person must not stay in night clubs, brothels or similar establishments as well as sex shops and public houses and restaurants.
Persons under 18 years of age are not allowed to stay in casinos. Participating in gambling is prohibited for persons under 18 years except magisterial approved tombola. lotterie or toto

Tyrol:
Up to 18 years of age a person must not stay in brothels or similar establishments as well as sex shops.
Up to 14 years of age a person is not allowed to stay in areas which offer gambling machines.

Vorarlberg:
Persons up to 18 years of age are prohibited from staying in betting shops and venues with slot machines. 

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5

Is it allowed to sell spirits to children/teens?

 

Vienna:
It is prohibited to consume alcoholic beverage under 18 years of age in schools. It is forbidden to sell alcoholic products topersons under 16 years of age. A person under 16 years of age must not consume alcoholic beverage in public.      

Burgenland:
A person under 16 years of age is not allowed to buy, consume or possess alcoholic products. Serving or Offering alcoholic products to persons under 16 years of age is prohibited.      

Lower Austria:
A person under 16 years of age is not allowed to buy, possess or consume alcoholic beverages in public (as well as cocktails and alcopops). Serving alcoholic products to a person under 16 years of age is prohibited.      

Styria:
It is forbidden up to 16 years of age. From 16 years old a person is allowed to consum alcoholic beverages above 14 volume percent. Serving and selling alcoholic products to a person under 16 years of age is prohibited.

Carinthia:
Young persons from 16 years of age may not drink spirits or mixed drinks containing spirits, whether ready-made (e.g. alcopops) or self-produced. In all cases, young persons from 16 years of age may only drink alcoholic beverages up to a volume assuring that their blood alcohol content is less than 0.5 pro mille or their breath alcohol content is less than 0.25 mg per l. Children may also not be sold any alcoholic beverages which they are not permitted to consume.    

Upper Austria:
A person under 16 years of age is not allowed to buy and consume alcoholic products. From 16 years old a person must not consum spirits and cocktails. The excessive consumption of alcohol is prohibited as well. These ban applys also for powdery alcoholic products, alcoholic pastes or similar beverages. Serving and selling alcoholic products to children and young people under 16 years of age is prohibited.      

Salzburg:
A person under 16 years of age is not allowed to buy, consume or possess alcoholic products. From 16 years old a person must not consum, possess and buy cocktails, spirits and alcopops. Alcoholic beverages must not consume until the obiviously state of intoxication. Serving and selling alcoholic products to children and young people under 16 years of age is prohibited.      

Tyrol:
Children and young people under 16 years of age are not allowed to buy and possess alcoholic beverages in public. From 16 years old a person must not consum, possess and buy cocktails, spirits and alcopops. Serving and selling alcoholic products to children and young people under 16 years of age is prohibited.      

Vorarlberg:
Children and young people under 16 years of age are not allowed to buy, consume and possess alcoholic beverages in public. From 16 years old a person must not consum, possess and buy cocktails, spirits and alcopops. The excessive consumption of alcohol is prohibited as well.
Serving and selling alcoholic products to children and young people under 16 years of age is prohibited.

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6

Which restrictions are there for children/teens to visit public film screenings?

 

The youth protection legislation in all federal states fundamentally prohibits showing media to young people under 18 years of age if aggression or violence is thereby promoted, people are discriminated against due to race, religion, sex, origin, handicap or sexual orientation or sexuality is portrayed in disregard of human dignity.

There are also special provisions in the following federal states:

Lower Austria:

Young persons under 18 years of age may only attend public film screenings if such persons have reached the minimum age for which the screenings were approved in accordance with the Lower Austrian Cinematographic Performances Act and the Lower Austrian Events Act.

Carinthia:

Children and teens may not attend public film screenings if such screenings have not been not declared by the organizer to be suitable for children or teens. When declaring the approval of films for youth, the organizer must take into account the respective assessments and recommendations for age ratings of media products by the Youth Media Commission of the Federal Ministry for Education, the Arts and Culture. Children up to 12 years of age may only attend film screenings when accompanied by their parents.

Salzburg:

Children and young people may not attend public theater performances and film screenings if their attendance has been declared unsuitable by the organizer or if the state government has declared the performance or screening unsuitable for children or young people up to a particular age or if the performance or screening ends after the times listed below:

a) for children up to 12 years of age after 9:00pm

b) for young people up to 14 years of age after 10:00pm and the night before Sunday or a holiday after 11:00pm

c) for young people between 14 and 16 years of age after 11:00pm and the night before Sunday or a holiday after midnight

These times are to be extended by one hour each if the child or young person is accompanied by a parent.

Children up to 6 years of age must always be accompanied by a parent when attending public theater performances or film screenings.

Vorarlberg:

Children and young people may only attend public film screenings when such films have been approved by the organizer for their age level. Organizers of public film screenings must publicly declare the age level for which the screening is intended.

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7

Are children/teens allowed to smoke in public?

 

Vienna   
Persons under 16 years of age are not allowed to buy and consume tabacco products in public.
Selling tabacco products to persons under 16 years of age is prohibited. The consumption of tobacco products in schools is prohibited to persons under 18 years of age.

Burgenland   
Persons under 16 years of age are not allowed to buy, to possess and to consume tabacoo products in public. Selling and serving tabacco products to persons under 16 years of age is prohibited. (except for officially approved test purchases).      

Lower Austria   
Persons under 16 years of age are not allowed to buy, to possess and to consume tabacoo products in public. Selling and serving tabacco products to persons under 16 years of age is prohibited.      

Steiermark   
It is prohibited for persons under 16 years of age. Selling and serving tabacco products to persons under 16 years of age is prohibited.      

Carinthia   
It is prohibited for persons under 16 years of age. Selling and serving tabacco products to persons under 16 years of age is prohibited.      

Upper Austria   
Persons under 16 years of age are not allowed to buy, to possess and to consume tabacoo products in public. Selling and serving tabacco products to persons under 16 years of age is prohibited.      

Salzburg   
Persons under 16 years of age are not allowed to buy, to possess and to consume tabacoo products in public. Selling and serving tabacco products to persons under 16 years of age is prohibited.      

Tyrol   
Persons under 16 years of age are not allowed to buy, to possess and to consume tabacoo products in public. Selling and serving tabacco products to persons under 16 years of age is prohibited.      

Vorarlberg   
Persons under 16 years of age are not allowed to buy, to possess and to consume tabacoo products in public. Selling and serving tabacco products to persons under 16 years of age is prohibited.   

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8

Is it allowed for children/teens to go to internet café?

 

They are allowed to go to internet cafés.

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9

Which restrictions are there about carrying knifes, martial arts equipment, weapons?

 

Youth protection legislation in all federal states prohibits possession of objects that can endanger the development of young persons or promote aggression and violence. The provisions of the Weapons Act also apply. The Vienna Youth Protection Act prohibits persons under 18 years of age from possessing air soft guns or imitation firearms that can be confused with real weapons.

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10

Which regulations are there concerning sexual relations with children/teens?

 

Sexual contacts between two under 14 year old persons are prohibited. Both couldn’t be punished because they are non-accountable. If only one of them is under 14 years old, the elderly is basically culpable.
Sexual contacts did not subjecte to prosection if their action did not end up in sexual intercourse
and the age different wasn’t over 4 years and the parnter wasn’t younger than 12 years.
Sexual intercourse of minors will not be punished if the age difference doesn’t amount to 3 years and the younger person already completed their 13th Birthday.
From 14 years it is allowed to have sexual relations.

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11

Which restrictions are there if foreign young people want to work temporarily?

 

While young persons from non-EU countries require a work permit, there are no restrictions on the labor market for young persons from EU countries.

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12

To which institutions can children/teens turn to if they need help?

 

German embassy
Metternichgasse 3, 1030 Vienna
phone: + 43 1 711 54 -0 / Fax: + 43 1 713 83 66
info@wien.diplo.de
See: www.wien.diplo.de/Vertretung/wien/de/02/Botschaft.html (website in german)
 
Bund: Dr. Ewald Filler, Dw 3245
Federal Ministry of Social Security, Protectiono of the generations and consumers
Franz Josefs Kai 51, 1015 Vienna,   
phone: 01 71100 0 / Fax: 0800-240264
ewald.filler@bmsg.gv.at       

Burgenland: Mag. Christian Reumann, Dw 2808
Hartlsteig 2, 7001 Eisenstadt   
phone: 057 600 2808 / Fax: 057 600 2187
christian.reumann@bgld.gv.at       

Kärnten: Mag. Barbara Fuchs, Dw 31354 
8.-Mai-Str. 18, 9020 Klagenfurt   
phone: 080022 1708 / 050 536 31355 / Fax: 050 536 31340
kija@ktn.gv.at / www.kija.at       

Niederösterreich: Mag. Gabriela Peterschofsky-Orange, Dw 16379
„Tor zum Landhaus“, Rennbahnstr. 29, Im Würfel, 3109 St. Pölten   
phone: 02742 90811 / 02742 9005 0 / Fax: 02742 9005 15650
post.kija@noel.gv.at / www.kija.at       

Oberösterreich: Mag. Christine Winkler-Kirchberger,  Dw 14000
Promenade 37, 4021 Linz   
phone: 0732/7720-14001 / Fax:  0732/7720 14077
kija@ooe.gv.at / www.kija.at
       
Salzburg: Dr. Andrea Holz-Dahrenstaedt, Dw 3230
Museumsplatz 4/2. Stock, 5020 Salzburg   
phone: 0662 430550 / 0662 8042 3221 / Fax: 0662 430550 3010
kija.sbg@kija.at / www.kija.at      

Steiermark: Mag. Christian Theiss, Dw 4922
Nikolaiplatz 4a, 8020 Graz
phone:0810 500777 / 0316 877 4921 / Fax: 0316 877 4925
kija@stmk.gv.at / www.kija.at      

Tirol: Mag. Elisabeth Harasser, Dw 3790
Sillgasse 8, 6020 Innsbruck   
phone: 0512 508 3792 / Fax: 0512 5083795
kija@tirol.gv.at / www.kija.at     

Vorarlberg: DSA Michael Rauch, Dw 12
Schießstätte 12, 6800 Feldkirch   
phone 05522 84900 / Fax: 05574 511 923270
kija@vorarlberg.at / www.kija.at      

Wien: DSA Monika Pinterits und Dr. Anton Schmid
Alserbachstraße 18, 1090 Vienna   
phone: 01 7077000 / 01 4000 85905 / Fax: 01 4000 99 85905
post@jugendanwalt.wien.gv.at / www.kja.at   

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13

Useful internet sites about youth protection

14

More information

 

Based on the provisions of the Austrian Federal Constitution, the federal states are responsible for matters of youth protection in terms of legislation and enforcement. Therefore, different youth protection laws apply in each federal state. The full legislative texts of the federal states may be found in the legal information system of the Federal Chancellor's Office at www.bka.gv.at. For children and young persons, the law of the federal state in which they are currently staying is applicable.

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source:
Federal Ministry for Health, Families and Young People; division: youth welfare service and children’s rights (10/2008)

Disclaimer:
For the accuracy, completeness and timeliness of the information we can not guarantee.