26.01.2014

The End of the Enlightenment?

The EU-parliament wants to criminalize sex work in the whole Union. This is the first time since the French Revolution that in Europe heterosexual sex between consenting adults shall be recriminalized.

http://menschenhandelheute.net

http://www.huffingtonpost.co.uk


JUS AMANDI Issue 1/2014 published

VfGH: Samenspendeverbot für lesbische Paare ist verfassungswidrig
OGH: Homosexualität ist nicht mehr ehrenrührig

Europäisches Parlament fordert EU-Aktionsplan gegen Homo- und Transphobie
 

JUS AMANDI Ausgabe 1/2014 | JUS AMANDI Archiv (in german)


17.01.2014 | Austria

Constitutional Court Turns Down Insemination-Ban for Lesbian Couples
Rechtskomitee LAMBDA (RKL): “A great day for human rights”

Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo-, bisexual and transgender people, celebrates the fifth victory of its registered-partnership-litigation-offensive. As the first supreme court in the world doing so the Austrian Constitutional Court (the world´s oldest constitutional court) turned down the statutory ban on donor insemination for lesbian couples as violating human rights.


22.11.2013 | Science

Conference Sexual Citizenship & Human Rights (University of Texas)
RKL-President Dr. Helmut Graupner gave the keynote-lecture at the conference "Sexual Citizenship & Human Rights - What Can the US Learn from the EU and European Law?" at the University of Texas at Austin (22 Nov 2013)

Link: www.utexas.edu
 
       
               
         


JUS AMANDI Issue 4/2013 published

EGMR: Opfer der homophoben Strafgesetze müssen rehabilitiert werden
Peter Schieder: Ein leidenschaftlicher´Verfechter der LGBTIRechte ist nicht mehr unter uns

HIV: Kriminalisiert, gemobbt, gefeuert und alleingelassen
7.11.2013: Ein denkwürdiger Tag für Europa

JUS AMANDI Ausgabe 4/2013 | JUS AMANDI Archiv (in german)


08.11.2013

European Court of Human Rights convicts Austria for not having rehabilitated the victims of former homophobic sex laws
Rechtskomitee LAMBDA (RKL) urges Austrian law-makers to pass the Amnesty, Rehabilitation and Compensation Act.

E.B. et. al. v Austria, applications nos. 31913/07, 38357/07, 48098/07, 48777/07 and 48779/07 www.echr.coe.int.


11.10.2013

Rechtskomitee LAMBDA expresses great sadness over the death of Peter Schieder
A Passionate Advocate of LGBTI-Rights is no longer with us

With great sadness we had to learn today about the death of our honorary-board-member Peter Schieder. With Peter Schieder a passionate advocate of LGBTI-rights has passed away. Already back in his times as a young member of Austrian parliament he had played an essential role in the repeal of the total ban and later-on as early as in his inauguration speech Mr. Schieder made LGBTI-issues one of his priorities in his work as president of the Parliamentary Assembly of the Council of Europe.

All of his life Dr. Peter Schieder supported the rights of sexual minorities whenever he had an opportunity to do so. For his outstanding life-time-achievement in 2009 he received the Karl-Heinrich-Ulrichs-Award of the International Lesbian, Gay, Bi, Trans & Intersex Law Association (ILGLaw). ILGLaw-director for Europe and RKL-president Dr. Helmut Graupner had the honour of handing over the award to him personally.

In his acceptance speech President Schieder recalled the words enshrined in Ulrich’s tombstone in L’Aquila: „exul et pauper“, „exiled and poor“: „No gay, no lesbian, no bisexual, no transgender should be “excul et pauper” in our society because he or she (or undecided if he or she) is gay, lesbian, bisexual, transgender or undecided. And this is not their task – it is the task of everybody dedicated to equality, law and human rights“.

„If everyone in politics would be like Peter Schieder we would not still have to struggle with legal discrimination and society would be a lot more just and liveable", Graupner praises the true humanist and his good friend Peter Schieder, „Persons like Peter however are rare treasures, that is why his loss so endlessly hurts“.

Links:

40 Jahre Ende des Totalverbots RKL-Kuratoriumsmitglied und Zeitzeuge Peter Schieder erinnert sich: „Prägende Momente mit der Prägungstheorie“ www.rklambda.at (News vom 13.08.2011)

Peter Schieder receives Karl-Heinrich-Ulrichs Award www.rklambda.at (News 27.04.2009) (with laudation and acceptance-speech)

Photogallery www.rklambda.at

The 2009 karl -austria's peter schieder www.ilglaw.org

The karl heinrich ulrichs award www.ilglaw.org


JUS AMANDI Issue 3/2013 published

Diskriminierungen der EP halbiert
Das Diversity-Referat der Wirtschaftskammer Wien

Erste EP zwischen Häftlingen
VfGH beseitigt Amtsraumzwang

JUS AMANDI Ausgabe 3/2013 | JUS AMANDI Archiv (in german)


08.07.2013 | Registered Partnership

Constitutional Court lifts Office-Room-Compulsion - Government reintroduces
Rechtskomitee LAMBDA (RKL): "Insistment of Christian-Democrats is shameful"

In a judgment delivered last week (VfGH 19.06.2013, G 18, 19/2013) the Austrian Constitutional Court has struck down the statutory prohibition on performing registered partnerships outside the authority´s office-rooms. The governing coalition of Social- and Christian-Democrats however had again inserted such a prohibtion into a new law coming into force next fall. Thus the office-room-compulsion will be reintroduced by 1 November 2013 and the Christian-Democrats - despite the Consitutional Court´s judgment - do insist on this reintroduction. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, denounces this as unbearable chicanery.


JUS AMANDI Issue 2/2013 published

EU & UNO bekämpfen Homophobie: Österreichs Justiz versagt bei homophober Gewalt
Betriebspension: Eingetragenes Paar siegt über die Valida

Standesamtsverbot: Beschwerde beim EGMR eingebracht

JUS AMANDI Ausgabe 2/2013 | JUS AMANDI Archiv (in german)


27.05.2013 | Exclusion from Registrar´s Office

Sexual Apartheid goes Strasbourg
Rechtskomitee LAMBDA: “Constitutional Court violated its own case-law”

The Austrian Constitutional Court last October has affirmed the exclusion of same-sex couples from the civil registry offices where civil marriages are performed. Deportation ofr same-sex couples to the regional administrative offices would fall into the legislator´s margin of appreciation. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, expressed shock about the Constitutional Court having violated its own case-law and last week took the case to the European Court of Human Rights.


JUS AMANDI Issue 1/2013 published

Gleiche Zeremonie für Ehe und EP
Straßburg verurteilt Österreich wegen Adoptionsverbot

Bundesverfassungsgericht eröffnet Paaradoption für gleichgeschlechtliche Paare
Wieder verurteilt Gericht Pensionskasse zu Witwerpension für homosexuelle Paare

JUS AMANDI Ausgabe 1/2013 | JUS AMANDI Archiv (in german)


19.02.2013

Strasbourg Court finds violation in lesbian step-parent-adoption case
In its judgment delivered today in the case X et al. v Austria the Grand Chamber of the European Court of Human Rights held that Austria violated the European Convention on Human Rights by banning step-parent adoption in same-sex couples. The judgment was taken by a majority of 10 against 7. The applicant family have been represented by RKL-president Dr. Helmut Graupner. For details, for the full text of the judgment and for the webcast of the two oral hearings see: www.echr.coe.int


19.02.2013

German Constitutional Court paves the way for joint adoption by same-sex couples
In a judgment delivered today the German Federal Constitutional Court has held that the ban of successive adoption in same-sex registered couples violates fundamental rights. Thus registered partners will be able to adopt children which their same-sex partner has adopted before so that both partners are sharing joint legal parenthood, what so far has been a privilege exclusively for married couples of opposite gender. For details and for the full text of the judgment see: www.bundesverfassungsgericht.de.


11.02.2013 | Constitutional Court

Dutch Married Couple Sues for Recognition of their Same-Sex Marriage
Rechtskomitee LAMBDA continues its litigation offensive

Chretien van der Leest und Edwin Veldt are living in Tyrol and are running holiday homes in St. Jakob im Haus. Both are citizens of the Kingdom of the Netherlands and had entered there into a registered partnership. When the Netherlands opened up marriage for same-sex couples in 2001, they married. With the support of Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, the couple has started a lawsuit for recognition of their same-sex marriage in Austria.


18.01.2013 | Registered Partnership

Constitutional Court: Same Ceremony as for Marriage
Rechtskomitee LAMBDA sees governing coalition disgraced

In a decision delivered today the Austrian Constitutional Court has ordered to apply the same ceremony (wedding vow, witnesses etc.) for the formation of registered partnerships as for marriage. And it started proceedings to repeal the law prohibiting the performance registered partnerships outside the authority´s office-rooms. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, welcomes the decision and sees the federal governing coalition disgraced as just last month they have passed this law anew.


21.12.2012 | Hiv

Prosecutor Accepts Acquittal in Vienna Oral Sex Case
Rechtskomitee LAMBDA urges Minister of Justice to stop such prosecutions

The prosecutor did not appeal the acquittal of the Hiv-positive man who had to stand criminal trial last Monday for practising safer sex propagated by the state and by the publicly funded aids service organisations. The prosecutor had indicted him for “oral sex without ejaculation” (!), exactly what has been propagated as safer sex for decades. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, urges the Minister of Justice, for the sake of public health, to make sure that such prosecutions won´t take place anymore.


20.12.2012 | Hiv in Austria

Defendant Acquitted in Graz Blackmail-Case
Rechtskomitee LAMBDA urges Minister of Justice to take action

Once again an Austrian state-prosecutor attempted to criminalize state endorsed safer sex rules. This time in the Styrian capital Graz. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, urges the Minister of Justice, for the sake of public health, to stop such prosecutions.


13.12.2012 | Austria

Hiv-positive Man Prosecuted for Safer Sex
Trial next Monday in Vienna

An Hiv-positive man stands criminal trial next week for practising safer sex propagated by the state and by the publicly funded aids service organisations. The prosecutor indicted him for “oral sex without ejaculation” (!), exactly what has been propagated as safer sex for decades.


JUS AMANDI Issue 4/2012 published

Verfassungsgerichtshof bestätigt sexuellen Rassismus
Auch Regierungskoalition hält an Diskriminierung fest

SexualwissenschafterInnen fordern gleichen Schutz für alle Gewaltopfer
Erfolg für homosexuellen Polizisten

JUS AMANDI Ausgabe 4/2012 | JUS AMANDI Archiv (in german)


13.11.2012 | Exclusion from Registrar´s Office

Registered Partnership: Constitutional Court Affirms Sexual Apartheid
Rechtskomitee LAMBDA: “We are shocked”

The Austrian Constitutional Court has affirmed the exclusion of same-sex couples from the civil registry office. Their deportation to the regional administrative offices would fall into the legislator´s margin of appreciation. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, expresses shock and will take the case to the European Court of Human Rights.


08.11.2012 | Compensation for 36 years of discrimination

Success for Gay Policeman in Austrian Supreme Administrative Court
Rechtskomitee LAMBDA (RKL) urges quick resolution of the case

Back in 1976 a long-serving and highly decorated constable had been discharged on the basis of having been convicted under Austria’s infamous anti-homosexual offence, Art. 209 Criminal Code. The disciplinary sanction continues to perpetuate: the pension of the man is still cut by 25%. The Ministers of Interior and of Finance flatly denied his claim for compensation. The Administrative Supreme Court just quashed their decisions. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, now hopes for a speedy resolution of the case.


JUS AMANDI Issue 3/2012 published

Polizist wendet sich an den Menschenrechtsgerichtshof
Mündliche Verhandlung im Stiefkindadoptionsfall

Gericht: Pensionskasse muss Hinterbliebenenpension für eingetragene Paare zahlen
IP-Adressen ohne Gerichtsbeschluss

JUS AMANDI Ausgabe 3/2012 | JUS AMANDI Archiv (in german)


02.10.2012 | European Court of Human Rights

Hearing in lesbian step-parent adopton case
The Grand Chamber of the European Court of Human Rights will hold a hearing in the case X et al. v Austria on 3rd Octber 2012.

The case concerns two women and teh son of one of them who have been living in a family for many years. The stepmother wants to adopt the son of her partner but, unlike in unmarried heterosexual couples adoption by the stepparent in same-sex couples effects the loss of parental rights for the biological parent.

The Chamber (7 judges) already held a hearing last year (1 Dec 2012) and then relinquished jurisdiction to the Grand Chamber (17 judges). The Grand Chamber is Europe´s very final authority in human rights. 150.000 cases are currently pending before the Court. The Grand Chamber is dealing with only 19 of these. The applicants are represented by Dr. Helmut Graupner, president of Rechtskomitee LAMBDA (RKL) (www.RKLambda.at).

The press release of the Court and the webcast of the hearings can be accessed on the Court´s website (www.echr.coe.int).

Press release and Webcast: http://www.echr.coe.int


JUS AMANDI Issue 2/2012 published

Zweiter großer Erfolg der RKL-Klagsoffensive
Prozessbegleitung der Männerberatung Wien – Hilfe für Betroffene von Gewalt

Sex zwischen Hiv-Positiven ist nicht strafbar
§ 2 0 7 b Justizministerin Karl verweigert Auskunft
Wien schafft Vermerk im Reisepass ab

JUS AMANDI Ausgabe 2/2012 | JUS AMANDI Archiv (in german)


24.04.2012 | Austria

One More Inequality between Marriage and Registered Partnership turned down by Constitutional Court
Rechtskomitee LAMBDA calls on the government to allow reason to prevail

In a decision delivered today the Austrian Constitutional Court turned down another discrimination of registered vs married couples. Registered partners could acquire a joint surname only at registration while spouses can choose a joint family name also at any time later. Such a statutory provision discriminates against registered couples and violates equality before the law. The Constitutional Court therefore turned it down and stressed again that also same-sex couples enjoy the constitutional protection of the family. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, called on the federal government to allow reason to prevail and repeal all the differences between registered partners and spouses.


24.04.2012 | Prosecution rejected

Appeals Court: Sex between Hiv-positives is no criminal offence
Rechtskomitee LAMBDA welcomes dismissal of weird prosecution

A state-prosecutor in Graz (Styria) intended to criminalize state endorsed safer sex rules and sex between hiv-positives. The Regional Court and the Appeals Court rejected his prosecution. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, welcomes the dismissal of the weird prosecution.


19.04.2012 | Registered Partnership

Vienna stops Outing Practice in Passports
Rechtskomitee LAMBDA urges the other eight Austrian states to follow

Yesterday, Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, has made the City of Vienna aware of an outing practice by entries made into the passports of registered partners who are non-Austrian citizens. These entries had been based on federal stamp duty regulations. As a rule an entry that stamp duty had been paid has to be made into any document which is presented to an Austrian authority.

Within just 24 hours the City of Vienna reacted on RKL´s advice. From now on the entry will be worded in a completely neutral way without any indication of registered partnership. Thus registered partners and spouses can no longer be distinguished from these entries. In addition Sandra Frauenberger, member of the Vienna state-government, took the occasion to renew the state of Vienna call for opening up marriage (which is a matter of federal legislation).

„Wir are thanking the City of Vienna for its exemplary reaction securing fundamental rights“, says president of Rechtskomitee LAMBDA (RKL) Dr. Helmut Graupner, “And we do hope that the other eight Austrian states will follow soon and stop their outing practice by entries into the passports of registered partners ”.

Presseaussendung der Stadt Wien


18.04.2012 | Registered Partnership

Entry in Passports out Same-Sex Partnerships
Rechtskomitee LAMBDA urges termination of administrative practice

A man enters into registered partnership (RP) and weeks later he notices on the last page of his passport an entry on the RP with file number, date and the stamp of the authority. This outs him as living in a homosexual partnership. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, urges immediate termination of this administrative practice.


JUS AMANDI Issue 1/2012 published

Justiz verweigert lesbischer Arbeitnehmerin Schutz
Seit 1.1.2012: Zwangs-Hiv-Tests

Buchtipp: Neuer Kommentar zum Ehe-/Partnerschaftsrecht
Richter erklärt Sex mit Kondom zum kriminellen Akt

JUS AMANDI Ausgabe 1/2012 | JUS AMANDI Archiv (in german)


16.01.2012 | Criminal Procedure Code

From 1 January 2012: Forced Hiv-Testing
Rechtskomitee LAMBDA supports case in the Constitutional Court

The Prevention of Terrorism Act 2011 also amended the Criminal Procedure Code. It makes forcible Hiv-testing legal as of 1 January 2012, despite the fact that the Constitution prohibits taking blood by force. A case has already been brought to the Constitutional Court.


30.12.2011 | Austria

From 1 January 2012
Austria Extends Incitement-to-Hatred-Law to Sexual Orientation

RKL’s application to the European Court of Human Rights (ECHR) made an impact. From 1 January 2012 after long struggle also lesbians, gays and bisexuals will be protected against incitement to hatred. The conservative coalition partner, ÖVP, however also connected this progress to pinprick. The price for extending the offence was it´s castration.


14.12.2011 | Forced out for complaint against discrimination

Austrian Courts: No Protection for Lesbian Employee
Rechtskomitee LAMBDA: “Courts are undermining antidiscrimination legislation”

A lesbian employee complains against discrimination by a colleague and addresses the Chamber of Labour. The shop committee feels outraged and takes the matter to the company’s supervisory board. This board instructs the executive directors to take action. The directors then pressure the woman to sign consensual termination of contract, otherwise she would be dismissed. She submits and leaves the company. The Austrian Supreme Court sees no disadvantageous treatment and declares lawful the company’s actions …


JUS AMANDI Issue 4/2011 published

Rosa Winkel des Namensrechts aufgehoben
Verhetzungsschutz ab 2012

Mündliche Verhandlung im Stiefkindadoptionsfall
Stadt Wien beendet Zwangsouting für Transsexuelle

JUS AMANDI Ausgabe 4/2011 | JUS AMANDI Archiv (in german)


03.12.2011 | European Court of Human Rights
European Court of Human Rights Held Hearing on Stepparent Adoption in Same-Sex Families
1st December 2011 the Court held a Chamber hearing in the case of X. and Others v. Austria. The case concerns the complaint by two women, who live in a stable homosexual relationship, about the Austrian courts’ refusal to grant one of the partners the right to adopt the son of the other partner without severing the mother’s legal ties with the child (second-parent adoption). The applicants (the two women and the son) are represented by RKL-president, Dr. Helmut Graupner.

The press release of the Court and the webcast of the hearing can be accessed at the website of the Court (www.echr.coe.int).

Direct links:
Press release  (http://cmiskp.echr.coe.int)
Webcast (www.echr.coe.int).


15.11.2011 | Exemplary

City of Vienna Ceases Transsexuals’ Forced Outing
Rechtskomitee LAMBDA delighted

The City of Vienna issues marriage certificates for transsexuals different then proscribed by the Minister of Interior and thereby ceases forced outing of transsexuals. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, expresses delight and thanks the City of Vienna for its exemplary administration.


12.11.2011 | Austria

Constitutional Court: Same-Sex Couples are Family
Rechtskomitee LAMBDA calls on the government to allow reason to prevail


In a decision delivered yesterday the Austrian Constitutional Court ceased hyphen-discrimination of registered partners. Also same-sex couples enjoy the constitutional protection of the family. Disadvantageous treatment of registered versus married couples require particularly serious reasons. Separation as an end in itself (on principle) is inadmissible. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, now calls on the federal government to allow reason to prevail and repeal all the differences between registered partners and spouses.


12.11.2011 | Austria

Constitutional Court Affirms Sexual Apartheid
Rechtskomitee LAMBDA speaks out against preferential treatment of homosexuals


In a decision delivered yesterday the Austrian Constitutional Court declared admissible the exclusion of heterosexual couples from registered partnership, which bounds couples more loosely then marriage and is easier to dissolve. Heterosexuals would be no historically disadvantaged group. Their exclusion from registered partnership would not exceed legislature’s margin of appreciation. Rechtskomitee LAMBDA (RKL), Austria’s LGBT civil rights organisation, speaks out against disadvantageous treatment of heterosexuals and announced to bring the case before the European Court of Human Rights.


JUS AMANDI Issue 3/2011 published

Noch immer keine Gleichberechtigung
Holländisches Paar klagt Anerkennung seiner Ehe ein

Kein Pflegekind für lesbisches Paar
Zahlreiche Ungleichbehandlungen entdeckt

JUS AMANDI Ausgabe 3/2011 | JUS AMANDI Archiv (in german)


JUS AMANDI Issue 2/2011 published

OGH: Fortpflanzungsverbot für Lesben ist verfassungswidrig
Gleiches Recht für homosexuelle Paare

Hetze gegen Homosexuelle bleibt erlaubt
Keine Gerechtigkeit für schwulen Polizisten

JUS AMANDI Ausgabe 2/2011 | JUS AMANDI Archiv (in german)


10.05.2011 | Römer v. City of Hamburg

ECJ: Equal Treatment of Same-Sex Couples
Rechtskomitee LAMBDA: “Groundbreaking case for the whole of Europe“

In its judgment delivered today in the case Jürgen Römer vs. City of Hamburg (C-147/08) (litigated by RKL-President Graupner) the Grand Chamber of the Court of Justice of the European Union ruled that same-sex couples must have access to all the employment benefits for married couples.


14.04.2011 | Austria

Supreme Court Asks Constitutional Court to turn down Insemination-Ban for Lesbian Couples
Rechtskomitee LAMBDA (RKL): “delighting and groundbreaking”

With introduction of registered partnership by 1st January 2010 Austria explicitly banned medically assisted procreation for lesbian couples. The Austrian Supreme Court now asks the Constitutional Court to turn down that ban as unconstitutional. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, is delighted.


24.03.2011 | Enduring Discrimination

Constitutional Court: No Justice for Gay Policeman
Rechtskomitee LAMBDA (RKL) hopes for Administrative High Court

Back in 1976 a long-serving and highly decorated constable had been discharged on the basis of having been convicted under Austria’s infamous anti-homosexual offence, Art. 209 Criminal Code. The disciplinary sanction perpetuates even these days: the pension of the man is still cut by 25%. The Constitutional Court refused to deal with the case. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, now hopes for the Administrative Supreme Court.


11.03.2011 | Austria

Constitutional Court: Incitement to Hatred Against Homosexuals Remains Legal
Rechtskomitee LAMBDA: „Case goes up to Strasbourg"

The Austrian Constitutional Court has decided: while other minorities are protected by specific statutes against incitement to hatred and against discrimination (also outside of the workplace), gays and lesbians stay unprotected in Austria. The Constutional Court thus follows the Austrian federal government which, before the court, defended the lack of protection for homosexuals and which had argued that incitement to hatred against and discrimination of lesbians and gays lacks sufficient social disturbance. The case now goes up to the European Court of Human Rights.


JUS AMANDI Issue 1/2011 published

Verwaltungsgerichtshof entscheidet gegen Zwangsouting für Transsexuelle
Erwachsene Kinder und Harry Potter als Kinderporno?

VwGH: Pröll muss über Rosa Winkel des Namensrechts entscheiden
Jugendliche und junge Erwachsene sind keine Kinder

JUS AMANDI Ausgabe 1/2011 | JUS AMANDI Archiv (in german)


09.03.2011

Adolescents and Young Adults are no Children
After the German-speaking sexological associations alerted politicians and the public last Monday, now also the European Federation of Sexology (EFS) criticizes the pending EU-Childpornography-Directive, which would ban adult pornography, art and coming-of-age movies.

Commentary on the EU-Directive


07.03.2011

Adult Children and Childporn Harry Potter?
A new EU-Directive would criminalize adult pornography, art and coming-of-age movies. German-speaking sexology now alerts politicians and the public.
The European Commission's proposal for a "Directive on Combating Child Pornography and Sexual Exploitation of Children" not only provides for the blocking of internet-sites but also obliges all 27 member-states to criminalise erotic depictions of adults. Not only pornography is banned but any kind of sexually connotated pictures, making no exception for arts or science. Movies like “The Tin Drum” or common coming-of-age movies like "American Pie", even the new Harry-Potter movie, could be criminalised. Even mere private possession of such films will be sanctioned and everybody will be obliged to report such “crimes”. These absurd measures endanger effective combat of real child-pornography by flooding law enforcement agencies with useless criminalisation of acts which have nothing to do with child pornography, wasting resources instead of concentrating them on real child pornography.

The German speaking sexological associations now alert the public with a joint declaration. With their declaration sent to all MEPs, to the Commission and to the Council the German Society for Sexual Research (DGfS), the German Society for Sex Education (DGG), the German Society for Sexual Medicine and Sexual Therapy (DGSMT), the Society for Sexology (GSW), the German Society for Socio-Scientific Sexual Research (DGSS) and the Austrian Society for Sexual Research (ÖGS) appeal to delete from the directive such absurd censorship which even exceeds U.S.-legislation of this kind and at the same time endangers the fight against real child-pornography.

Declaration


02.02.2011 | Marriage Certificate

Administrative Supreme Court Ends Transsexuals’ Forced Outing
Rechtskomitee LAMBDA delighted

The Administrative Supreme Court of Austria spoke out against forced outing of transsexuals by marriage certificates. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, expresses delight.


15.01.2011 | New Directive

New EU-Directive Criminalizes even Art & Coming-of-Age-Movies
Anew analyses of the new EU-directive on combating child-pornography and sexual exploitation of children shows that my assessment of last November (news of 23 Nov 2010) was still too optimistic.


JUS AMANDI Issue 4/2010 published

Verfassungsgerichtshof hebt Rosa Winkel des Namensrechts nicht auf
Verfassungsgerichtshof bestätigt Zwangsouting für Transsexuelle

Folter von Zeugen geht Angeklagte nichts an

JUS AMANDI Ausgabe 4/2010 | JUS AMANDI Archiv (in german)


25.11.2010 | Austria’s Supreme Court

Torture of Witnesses is Nothing to the Defendant
RKL: a case for the European Court of Human Rights

Austria’s Supreme Court ruled that a defendant cannot (always) bring a complaint when the police exert illegal pressure upon witnesses in order to gain statements against him. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, sees a clear case for the European Court of Human Rights.


24.11.2010 | Marriage Certificate

Constitutional Court Confirms Transsexuals’ Forced Outing
Rechtskomitee LAMBDA announces application to European Court of Human Rights

The Constitutional Court of Austria confirmed forced outing of transsexuals by marriage certificates. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, hopes for the European Court of Human Rights.


23.11.2010 | New Directive

EU Criminalizes Erotic Depictions of Adults
A new EU-directive on combating child-pornography and sexual exploitation of children provides not only for the blocking of internet-sites but also obliges all 27 member-states to criminalize erotic depictions of adults. Not only pornography is banned but each kind of sexually connotated pictures.


JUS AMANDI Issue 3/2010 published

Bundesregierung: Hetze gegen Homosexuelle soll erlaubt bleiben!
Sexuelle Welten – Vielfalt Leben

Gleiche Rechte für homosexuelle Paare in allen 27 Mitgliedstaaten

JUS AMANDI Ausgabe 3/2010 | JUS AMANDI Archiv (in german)


27.08.2010 | Austria

16-year-olds Prosecuted for Own Nude Pictures
A 15- and two 16-year-old teenagers sent pictures of their genitals through their mobile-phones. Vienna Prosecution Services initiated criminal proceedings against them under the Austrian child pornography law

Extension of the severe laws against child-pornography from 14 to 18 years of age, and therefore to depictions of persons sexually of age and entitled to vote, even in the private and non-commercial sphere, has been highly controversial. The experts heard by federal parliament unanimously disapproved of this undifferentiated extension. It nevertheless, implementing an EU-framework-decision, became law in 2004 (Art. 207a Criminal Code).


23.08.2010 | Same-Sex Couples

Advocate General Asks ECJ for Equal Treatment in all 27 Member-States
Rechtskomitee LAMBDA: “Groundbreaking case for the whole of Europe“

RKL-President Graupner represents ILGA-Europe (the European Region of the International Lesbian and Gay Organisation ILGA) in a landmark case before the Court of Justice of the European Union (ECJ). In Jürgen Römer vs. City of Hamburg (C-147/08) the Advocate General asks the Court to decide that same-sex couples must have access to employment benefits for married couples in all 27 member-states.


JUS AMANDI Issue 2/2010 published

Lesben und Schwule wehren sich!
Wir sind Familie

Bindestrich-Diskriminierung

JUS AMANDI Ausgabe 2/2010 | JUS AMANDI Archiv (in german)


23.04.2010 

RKL-President Graupner again before the German Bundestag
RKL-president Dr. Helmut Graupner again was invited to give evidence as expert in the German Bundestag. This time the Justice Committee of the German federal parliament held a public hearing on inclusion of “sexual identity” into the federal constitution’s bill of rights
.

4 of the 9 experts heard supported inclusion of „sexual identity“ as an explicitly protected ground into the constitution’s equality clause. They pointed out that homo- and bisexual women and men are the last of the main target-groups of the national-socialists regime, which is not yet explicitly protected by this clause, while the Charta of Fundamental Rights of the European Union and numerous national constitutions in Europe and outside of Europe explicitly do protect sexual orientation.

The other 5 experts objected to the constitutional amendment and argued that such an amendment could lead to same-sex marriage, to joint adoption of same-sex couples and even to legalisation of pedophilia and polygamy. And it has been voiced that integration of Muslims into German society could be compromised. Upon naturalization, so the argument, new German citizens have to accept the constitution, and for religious Muslims it would be much harder to do that if the constitution would explicitly protect homosexuals.

All three female experts supported the amendment but only one of the six male experts. Dr. Graupner was the only expert heard from outside Germany.

The written testimonies of the experts and, soon, also the minutes of the hearing can be found at www.bundestag.de.


16.04.2010

Austrian Supreme Court Confirms:
Jail for MightBe-Youthpornography
7 months imprisonment without probation for possession of 5 (!) pictures of two nude young men, according to expert evidence, aged between 16 and 21 years of age. This verdict has been confirmed recently by the Austrian Supreme Court.


JUS AMANDI Issue 1/2010 published

Eingetragene Partnerschaft: Vier Paare gegen die Diskriminierung
Operationszwang für Transsexuelle

JUS AMANDI Ausgabe 1/2010 | JUS AMANDI Archiv (in german)


17.03.2010 | Mandatory Surgery for Transsexuals

Austrian Supreme Court Reprimands Ministry of Interior
Rechtskomitee LAMBDA: “Misuse of power must lead to consequences”

In a sensationally speedy decision the Austrian Administrative Supreme Court quashed as unlawful a decision by the Ministry of Interior, which – despite constant case-law to the contrary – required a transsexual woman to remove her genitals. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, calls for the misuse of power committed in the Ministry of Interior to lead to consequences.


16.02.2010 | EU-Agency for Fundamental Rights

RKL accepted to the Fundamental Rights Platform
The European Union Agency for Fundamental Rights (http://fra.europa.eu) accepted Rechtskomitee LAMBDA (RKL) as a member of its Fundamental Rights Platform. The Fundamental Rights Platform (FRP) (http://fra.europa.eu) is a network for cooperation and information exchange, set to act as the main channel for FRA's cooperation with civil society and to ensure a close cooperation between the Agency and relevant stakeholders. Also the European Commission on Sexual Orientation Law (ECSOL) (www.sexualorientationlaw.eu), whose coordinator is RKL-president Helmut Graupner, has been accepted to the Platform.


JUS AMANDI Issue 4/2009 published

Eingetragene Partnerschaft: "Willkommen im vorigen Jahrhundert!"
Montenegro - Justice in the Balcans

JUS AMANDI Ausgabe 4/2009 | JUS AMANDI Archiv (in german)


10.12.2009 | Same-Sex Couples

Welcome in the Past Century!
Rechtskomitee LAMBDA (RKL): "Austria adopted worst partnership law in Europe"

Austrian federal parliament (the “Nationalrat”) today (on the International Day of Human Rights) passed a law on registered partnership for same-sex couples (110 : 64 votes). When the law enters into force on 1st Jan 2010 Austria will become the 18th state in Europe legally recognizing same-sex couples. Rechtskomitee LABDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, welcomes that Austria finally found its way into the 20th century, and deplores that it did not make it into the 21st century.


Wollen Sie so heiraten? (Is that the way you want to marry?)


30.11.2009 | Registered Partnership

Forced Outing for Gay Couples
Rechtskomitee LAMBDA (RKL): "One more cruelty by the government"

Austrian Minister of Interior just sent out a draft for a directive based upon the partnership bill recently introduced into parliament. This draft highlights an incredible discrimination hidden in the bill. Both registered partners will lose their family-name and will be branded by a new name-category (“surname”).


23.11.2009 | Government Bill on Registered Partnership

72 differences to marriage
On 17 November 2009 Austrian Federal Government adopted a bill on registered partnership for same-sex couples. A first analysis brings to light at least 72 differences between registered and married couples. This unequal treatment extends to almost every area of law. It contains inequalities in divorce and maintenance regulations as well as in labour, industrial and social security legislation and many more. RKL-president Graupner heavily criticized the law on national TV.


 
ZIB 13:00 (17.11.2009)   ZIB 24 (18.11.2009)


01.11.2009 | Worst partnership law of the world

No to Registered Discrimination!
Rechtskomitee LAMBDA (RKL): "Won't take up any bone thrown before our feet"

Austrian Minister of Justice Claudia Bandion-Ortner from the Conservative Party yesterday presented a draft for a registered partnership for same-sex couples. If adopted it would be the worst partnership law of the world.


JUS AMANDI Issue 3/2009 published

Sechs Verfahren: Menschenrechtsgerichtshof beschäftigt sich mit „untotem“ § 209
VANGARDIST.COM - Das neue Online-Magazin für Männer, die Männer mögen

PARTNERSCHAFT - Kommt ein Diskriminierungsgesetz?

JUS AMANDI Ausgabe 3/2009 | JUS AMANDI Archiv (in german)


04.10.2009  | Register Now!

Justice in the Balkans: Equality for Sexual Minorities
The DAAD Alumni Club of Montenegro is hosting the conference Justice in the Balkans: Equality for Sexual Minorities in Podgorica 23-25 October 2009. The European Commission on Sexual Oriention Law (ECSOL) gladly serves as a partner to this outstanding event in a very sensitive region. Ministers and representatives of Balkan governments, lawyers, academics and activists from Europe and North America will be present. Register now!

We will share strategies for bringing about legal and social change in the Balkans, discuss the experiences of other countries, and discuss the impact and context of European integration for these countries as they grapple with these challenges.

Human rights in the Balkan countries are not fully enjoyed, in part because they run counter to the legal, social and religious traditions of those countries. Individual rights and freedom of choice, including sexual and reproductive rights, are compromised or even negated. States, as the responsible bodies for protecting human rights, have not adequately fulfilled their obligations to civil society and to the general population within their boundaries. The full acknowledgement of human rights and the protection of the sexual freedom of all residents, including the LGBT population, should be organized along the lines of the contemporary standards of international and European human rights.

The DAAD Alumni Club of Montenegro is hosting a conference to address these issues—Justice in the Balkans: Equality for Sexual Minorities. Ministers and representatives of Balkan governments, lawyers, academics and activists from Europe and North America will be present. We will share strategies for bringing about legal and social change in the Balkans, discuss the experiences of other countries, and discuss the impact and context of European integration for these countries as they grapple with these challenges.

I invite you to join us in Podgorica, Montenegro from Friday, October 23 to Sunday, October 25 (inclusive), 2009, to participate in this important conference. Although there is no fee for attending the conference, you must cover your own travel, accommodation and meals costs, and provide your own health and travel insurance coverage. See below the conference programme for your perusal. Also, find below Podgorica destination guide you could estimate your possible costs.

Human rights are for all human beings, whatever our nationality, place of residence, sex, sexual orientation, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights and to live free of discrimination. Your support will enable us to expand our work throughout the Balkans, will contribute to a better understanding and awareness of the problems we are addressing, and lead to an increase in tolerance and acceptance in these societies.

Pre-registration (via the form below) is required, and attendance is limited. After your pre-registration form is received, a confirmation form will be e-mailed to you within 3 bussines days. Please, bring a copy of our confirmation with you to the Registration Desk when you first arrive at the Conference to pick up your accreditation and conference material. Confirmation letters will be only e-mailed to you: providing a valid email address will ensure a response to your registration. DAAD Alumni Club Montenegro does not trade or sell email addresses; they are kept confidential. Please, note: the organizer reserve the right to accept or refuse any pre-registration without giving any reason whatsover.

Please, e-mail to kojicic@daad-alumni.de your pre-registration no later than October 16, 2009 (until 5PM European time).

If any required blank space in the pre-registration form is left unfilled or any question is left unanswered the pre-registration will not be considered.

With warmest regards,
Dr. iur. Jovan Kojičić, Conference Chair
President, DAAD Alumni Klub Montenegro
Jovana Tomaševića Strasse bb
81000 Podgorica, Montenegro
E-mail: kojicic@daad-alumni.de

DAAD Alumni MNE - ESM Brochure

Programme
Podgorica Destination Guide for Conference Participants
CommHR/DV/sf 106-2009
Pre-Registration form
 


23.09.2009 | Morality-Case

European Court of Human Rights Deals With “Undead” Homophobic Law
RKL calls for rehabilitation of victims

Years after repeal by the Constitutional Court the Vienna Appeals Court justified former anti-homosexual Art. 209 of the Austrian Criminal Code as morally understandable (OLG Wien 13.06.2006, 20 Bs 155/06z). The European Court of Human Rights now communicated the case to the Austrian government (E.B. vs. Austria III, 27783/09).


15.09.2009 | Criminal Record includes Anti-Homosexual Convictions

European Court of Human Rights Starts 5 Sets of Proceedings Against Austria
Rechtskomitee LAMBDA (RKL): “Hope for belated justice”

The European Court Human Rights these days has initiated five sets of proceedings against Austria on the basis that the nation-wide registry of prior convictions (the Criminal Record) still includes convictions under former anti-homosexual Art. 209.


JUS AMANDI Issue 2/2009 published

RKL-Präsident Graupner erhielt Zivilcouragepreis des CSD-Berlin
Bahnbrechend: Laudatio von Dr. KlausLederer

Strassenfest:„andersrum ist nicht verkehrt“
Günstig Bahn fahren auch für Regenbogenfamilien

JUS AMANDI Ausgabe 2/2009 | JUS AMANDI Archiv (in german)


09.06.2009

RKL-president Dr. Helmut Graupner received Civil Courage Award 2009 by the CSD-Berlin
As just announced RKL-president Dr. Helmut Graupner will receive this year’s Civil Courage Award by the CSD-Berlin.
CSD-Berlin (www.csd-berlin.de) in explaining the reasons said, that Graupner “by manifold litigation contributed to the placement of LGBT- and queer-issues on the European agenda” and that “the decisions brought about by his commitment pushed our movements forward and supplied them with legal instruments to improve our lives”.

Award
Award-Ceremony-Report
Award-Ceremony-Podcast


JUS AMANDI Issue 1/2009 published

Peter Schieder erhielt Karl-Heinrich-Ulrichs Award
Verwaltungsgerichtshof hebt Operationszwang für Transsexuelle auf

Fekter: Eingetragene Partnerschaft per 1.1.2010
Edwin Cameron wurde Verfassungsrichter

JUS AMANDI Ausgabe 1/2009 | JUS AMANDI Archiv (in german)


28.04.2009 | Sensational

Austrian Administrative High Court lifts Mandatory Surgery for Transsexuals
Rechtskomitee LAMBDA: “A historic decision”

As just announced the Austrian Administrative High Court in a landmark judgment of 27 February 2009 declared mandatory sex change surgery for transsexuals unlawful. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, speaks of a historic decision.


27.04.2009

International Lesbian, Gay, Bisexual, Transgender & Intersex Law Association
Peter Schieder receives Karl-Heinrich-Ulrichs Award
The International Lesbian, Gay, Bisexual, Transgender & Intersex Law Association (ILGLaw) awarded this year’s Karl-Heinrich-Ulrichs-Award Peter Schieder, Honorary President of the Parliamentary Assembly of the Council of Europe and member of RKL’s board of trustees. ILGlaw-Director for Europe and RKL-President, Dr. Helmut Graupner, appreciated the life-achievement of President Scheider for LGBT-rights in Europe.

Schieder-Laudation-2009
Speech of Thanks Schieder
Speech Schieder LA March 2009

Gallery


27.01.2009
Edwin Cameron appointed Constitutional Court Judge
Edwin Cameron, key-note speaker at the ceremonial act "Against Sexual Apartheid - 15 Years of Rechtskomitee LAMBDA" in Austrian federal parliament (www.rklambda.at) has been appointed by South Africa's president to the country's Constitutional Court.

Edwin Cameron is the first openly gay man in the world having been appointed to a Supreme Court after his coming out. Edwin Cameron is also world's first openly hiv-positive Supreme Court judge.

We are congratulating from the deepest of our hearts!

www.nytimes.com
www.constitutionalcourt.org.za


20.12.2008 | Austria

Jail for MightBe-Youthpornography
7 months imprisonment without probation for possession of 5 (!) pictures of two nude young men, according to expert evidence, aged between 16 and 21 years of age. This verdict has been confirmed recently by the Vienna Appeals Court.


JUS AMANDI Issue 4/2008 published

Regierung zurück an den Neustart?
ECSOL tagte in Wien

Molterer hebt Porno-Erlass auf
Verfassungsgerichtshof hebt Operationszwang nicht auf

JUS AMANDI Ausgabe 4/2008 | JUS AMANDI Archiv (in german)


10.12.2008 | Transsexuals

Austrian Constitutional Court Upholds Mandatory Surgery
Rechtskomitee LAMBDA hopes for Administrative High Court

The Austrian Constitutional Court recently decided not to deal with complaints against mandatory sex change surgery for transsexuals. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, deplores these decisions and is now hoping for the Administrative High Court.


JUS AMANDI Issue 3/2008 published

§ 207b - Bundesregierung beschließt extreme Verschärfung des § 209-Ersatzes
BLUTSPENDEDISKRIMINIERUNG - Kdolsky macht Rückzieher

Gesetzwidrig: Molterer lässt Homo-Pornos beschlagnahmen!
BZÖ - Jörg Haider tot

RKL-Präsident Helmut Graupner wieder vor dem Bundestag
The Global Arc of Justice: Sexual Orientation Law Around the World

JUS AMANDI Ausgabe 3/2008 | JUS AMANDI Archiv (in german)


10.09.2008 | International Lesbian and Gay Law Association

Call for Papers
The Global Arc of Justice: Sexual Orientation Law Around the World

March 11-14, 2009 Los Angeles & West Hollywood, California The Williams Institute on Sexual Orientation Law and Public Policy, at UCLA School of Law, and the International Lesbian and Gay Law Association (ILGLaw) Conference will host “The Global Arc of Justice: Sexual Orientation Law Around the World” in Los Angeles and West Hollywood, California, U.S.A., from March 11-14, 2009. We will be accepting presentation and panel proposals until 17h00 Pacific Standard Time (i.e., 1700 GMT - 8) on Saturday, November 15, 2008. In addition to doctrinal and theory-based approaches, we welcome proposals that focus on practical skills or strategies as well as contributions from the social sciences. RKL President Dr. Graupner is also Vice-President for Europe ILGlaw.


JUS AMANDI Issue 2/2008 published

Rot, Schwarz, Grün, Blau, Orange, Gelb... - Die Bilanz
 

JUS AMANDI Ausgabe 2/2008 | JUS AMANDI Archiv (in german)


20.06.2008 | All Over for Same-Sex Couples
Ministry of Interior Prohibits Residence Permits
Rechtskomitee LAMBDA: „Directive to the City of Vienna is scandalous aggression“
While Austria’s Minister of Interior vehemently fights the introduction of registered partnership his ministry now even stopped the few ways same-sex partners had up to now to live a joint live in Austria. Rechtskomitee LAMBDA (RKL), Austria’s civil rights organisation for homo- and bisexual as well as transgender women and men, criticizes this as an act of aggression unheard of.


19.06.2008
RKL-President Graupner again before the German Bundestag
RKL-president Dr. Helmut Graupner again was invited to give evidence as expert in the German Bundestag. This time the Justice Committee of the German federal parliament held a public hearing on (same-sex) registered partnership and its equalization with (mixed-sex) marriage.

6 of the 8 experts heard supported to put registered partnerships on the same legal footing as marriage. In addition it was suggested to open civil marriage for same-sex couples or at least to include a blanket clause establishing the rule that registered partnership produces the same legal consequences as marriage.

Dr. Graupner was one of two experts heard from outside Germany.

The written opinions of the experts and (soon) the minutes of the hearing can be found at www.bundestag.de.


13.06.2008

Press-Conference THE WORST PARTNERSHIP LAW IN THE WORLD?
Austria's lgbt NGOs are rejecting draft partnership bill
Austrian Minister of Justice, Maria Berger (Social-Democrat) last May presented a draft registered partnership bill which is out for consultation until next Monday.

In a joint press-conference Austria's lgbt-organisations are vehemently opposing that law. It would create the worst partnership law in the world.
It regulates only civil- and criminal-law-issues, i.e. mutual civil rights and obligations of the partners (maintenance, assistance, joint residence, faithfulness, division of property etc.).

It does not however contain the social rights which are attached to marriage exactly because spouses take over these mutual obligations (nothing in tax law, pension insurance, health insurance, employment, immigration, citizenship, etc. etc.; and nothing on the level of the law of the nine states). Even in civil- and criminal-law the draft does not create equality but establishes 24 deviations from marriage. The Minister of Justice insists on the 24 deviations and says, that the other areas will follow later; and if not, then same-sex couples could go to the courts and sue for equality.

On 13 June Austria's lgbt-organisations addressed the public with a joint press conference sending out a strong joint message: if this bill will not be improved by creating equality in all areas of the law the status quo would be better then this bill. Today same-sex couples don’t have the rights which married couples do enjoy. But neither they have the obligations. If this bill would become law same-sex registered partners would have all obligations of marriage without the rights attached to marriage. This would be unacceptable to the lgbt movement. It will be strongly resisted.

The bill and the outcome of the consultation process can be found at http://www.parlament.gv.at.

Joint Position of Austria's lgbt NGOs

Pictures from the joint press conference of Austria's lgbt NGOs


JUS AMANDI Issue 1/2008 published

EU-Gerichtshof ordnet Gleichbehandlung an
Schwul, Lesbisch, Transgender, Bisexuell in der Firma?

Berger-Entwurf so nicht akzeptabel
RKL gratuliert Stefan Rutzowitzky

JUS AMANDI Ausgabe 1/2008 | JUS AMANDI Archiv (in german)


01.04.2008 | Tadao Maruko v. Versorgungswerk der deutschen Bühnen
ECJ says Registered Partners musst be Treated Equally to Marriage
Rechtskomitee LAMBDA: „Historic victory“
RKL-President Graupner represented ILGA-Europe (the European Region of the International Lesbian and Gay Organisation ILGA) in a landmark case before the European Court of Justice (ECJ). The highest court in the EU today decided that registered (same-sex) partnerships have to be treated on the same footing as marriage and that employers and pension schemes must not restrict benefits to married partners.


JUS AMANDI Issue 4/2007 published

Berger-Entwurf ist nicht akzeptabel
Homosexuelle interessieren Regierung nicht

VfGH bestätigt Diskriminierung bei der Mitversicherung mit zynischer Begründung
Familienheimfahrten und doppelte Haushaltsführung auch bei homosexuellen Lebensgem. abzugsfähig

JUS AMANDI Ausgabe 4/2007 | JUS AMANDI Archiv (in german)


JUS AMANDI Issue 3/2007 published

Sensation in der ÖVP
Regierungsarbeitsgruppe eingesetzt
Etappensieg vor EuGH

JUS AMANDI Ausgabe 3/2007 | JUS AMANDI Archiv (in german)


06.09.2007 | Tadao Maruko v. Versorgungswerk der deutschen Bühnen
Advocate General Advices ECJ to Decide in Favour of Same-Sex Couples
Rechtskomitee LAMBDA: „Promising first victory“
RKL-President Graupner represents ILGA-Europe (the European Region of the International Lesbian and Gay Organisation ILGA) in a landmark case before the European Court of Justice (ECJ). The highest court in the EU has to decide if registered (same-sex) partnerships have to be treated on the same footing as marriage or if employers and pension schemes may restrict benefits to married partners. The advocate general now recommended the first.


21.08.2007 | Austria
Conservative Party’s Working Group calls for Same Sex Marriage
After last year’s lost federal elections Austria’s Conservative Party (ÖVP) has started a large-scale reform process. Under the title “Perspectives 2010” it called on its basis to rethink traditional positions and to elaborate the future of the conservative party. This was done by way of internet discussions and working-groups and under inclusion of experts, politicians and the civil society at large (www.perspektiven2010.at).

One of the 16 incentive-groups was devoted to “Family and Children” with one of its working-groups devoted to “Family and the Law”. This working-group also dealt with same-sex partnerships and invited RKL-president Dr. Helmut Graupner to speak on June 21st. In his lecture he pleaded for registration at the civil registry office and in particular for the repeal of the marriage-ban as being the only way to achieve full equality. The discussion as the whole event were a highly interesting experience (http://community.zukunft.at/forums/thread/5481.aspx).

Now some weeks after a sensation followed. The working-group “Family and the Law” presented its findings and calls for the abolishment of the marriage ban and the opening up of civil marriage to same-sex couples. Same-sex spouses should be put on the same footing as childless opposite-sex spouses (adoption shall not be possible). This sensational development even more astounds as the working-group was dominated not by the Conservative Party’s liberal wing but by proponents of the “Family Alliance” (“Familienbund”) which belongs to the ÖVP’s conservative core.

During upcoming fall we will see whether the steering–committee of the reform process “Perspectives 2010” and then the Conservative Party’s leadership will follow or if it will even affront its own basis. The next step will be on October 1st when Federal Minister of Agriculture and Environment Josef Pröll, head of “Perspectives 2010”, will present the findings of the 16 incentive-groups and – as “Perspectives 2010” website says - thus “the future of the ÖVP”.


14.08.2007 | 5 Years Deletion of Art. 209
Supreme Court Severely Extends Protection of Human Rights, Except for Victims of Art. 209
RKL supports applications to the European Court of Human Rights
Today it is five years that the last anti-homosexual criminal statute has been deleted from the books. Exactly on the day of this anniversary the Supreme Court delivered a judgment as sensational for protection of human rights in general as it seems cynical for victims of Art. 209. While in future all victims of human rights violations by the judiciary will be entitled to address the Supreme Court directly, this still is not the case for Art. 209-victims. Their convictions remain registered in the nationwide Registry of Convictions stigmatising the victims for years to come. Rechtskomitee LAMBDA (RKL) supports applications to the European Court of Human Rights (ECHR).


JUS AMANDI Issue 2/2007 published

Entscheidet der EuGH für gleichgeschlechtliche Paare?
RKL-Präsident Graupner bei RichterInnenwoche
RKL dankt Kdolsky

JUS AMANDI Ausgabe 2/2007 | JUS AMANDI Archiv (in german)


29.06.2007 | Tadao Maruko v. Versorgungswerk der deutschen Bühnen
Will the ECJ decide in favour of Same-Sex Couples?
Rechtskomitee LAMBDA: „Landmark Case for the whole of Europe“
RKL-President Graupner represents ILGA-Europe (the European Region of the International Lesbian and Gay Organisation ILGA) in a landmark case before the European Court of Justice (ECJ). The highest court in the EU has to decide if registered (same-sex) partnerships have to be treated on the same footing as marriage and if employers and pension schemes may restrict benefits to married partners.

Oral Observations


21.06.2007
RKL-President Graupner before the German Bundestag
RKL-president Dr. Helmut Graupner was, in his function of lawyer in private practice and co-president of the Austrian Society for Sex Research (ÖGS), invited to give evidence as expert in the German Bundestag. The Justice Committee of the German federal parliament held a public hearing on the Government bill implementing the EU-framework decision on combating child pornography and child prostitution.

7 of the 8 experts heard criticized the enormous scope of the offences proposed and the equation adolescents (14 to 18) with children (under 14).

Dr. Graupner was the only expert heard from outside Germany.

The written opinions of the experts, the press release and (soon) the minutes of the hearing can be found at www.bundestag.de.


JUS AMANDI Issue 1/2007 published

Justizministerin Berger und RKL einig für das Standesamt
Ja zum Standesamt, Nein zum Notariatsakt

JUS AMANDI Ausgabe 1/2007 | JUS AMANDI Archiv (in german)


22.11.2006 | Austria

Supreme Court: No Second Parent Adoption
RKL announces application to the European Court of Human Rights
After the great successes gained on tax law, health insurance partner benefits and TransX-marriage RKL-litigation offensive for same-sex partners’ rights goes into its next, the European round. The District Court of Neusiedl refused to approve the adoption of a minor child by the same-sex partner of her mother. After the Regional Court of Eisenstadt now also the Supreme Court confirmed this decision. The case is now going to the European Court of Human Rights.

Beschluss des OGH im Wortlaut


JUS AMANDI Issue 4/2006 published

15 Jahre RKL - Alles über die weltweit erste Ehrung einer LesBiSchwulen Organisation in einem Parlament

JUS AMANDI Ausgabe 4/2006 | JUS AMANDI Archiv (in german)


19.10.2006 | Austria

Constitutional Court Upholds Stigmatisation of Anti-Homosexual Legislation’s Victims
RKL announces application to the European Court of Human Rights
Just two days after historic Ceremonial Act “Against Sexual Apartheid” celebrating 15 years of RKL in Austrian federal parliament the Austrian Constitutional Court brings about severe disappointment for the victims of Austria’s former anti-homosexual criminal legislation. With their judgment just delivered (VfGH 04.10.2006, B 742/06) the Constitutional Court’s judges uphold the continuing nationwide storage of such convictions in the Registry of Convictions. Rechtskomitee LAMBDA (RKL) announced an application to the European Court of Human Rights (ECHR).

Erkenntnis des VfGH im Wortlaut


29.09.2006 | Art. 209
Vienna Appeals Court says: Art. 209 Was Morally Right
RKL: „Not our constitution’s morality“ The Upper Regional Court of Vienna in a decision of last June (OLG Wien 13.06.2006, 20 Bs 155/06z) said that former anti-homosexual Art. 209 of the Austrian Criminal Code was morally understandable. Rechtskomitee LAMBDA (RKL) criticizes this decision as shocking and announces an application to the European Court of Human Rights.


05.07.2006 | Austria

Constitutional Court Strucks Down Government Pressure on TransX Same-Sex Spouses to Divorce
RKL: „Government should promote families, not destroy them“ Rechtskomitee LAMBDA (RKL) highly welcomes Austrian Constitutional Court’s judgment to struck down Interior Ministry’s Decree on Transsexuals which pressured same-sex spouses to dissolve their marriage (VfGH 08.06.2006, V 4/06).


19.06.2006 | Austrian Government Affronts Constitutional Court

Discrimination in Health Insurance Partner Benefits Prolonged
RKL will put the case to Strasbourg. In the course of RKL-litigation offensive for the rights of same-sex partners last October the Constitutional Court of Austria struck down statutory partner benefits in social health insurance legislation on the basis that those benefits were restricted to partners of opposite-sex. The governing coalition now passed a new law reintroducing this discrimination.


JUS AMANDI Issue 2/2006 published

Diskriminierung bei der Mitversicherung neuerlich beschlossenn
RKL begrüsst Forderung der SPÖ Wien nach Öffnung der Ehe
Festakt „Wider die sexuelle Apartheid“ im Parlament
Homosexuelle NS-Opfer nur rehabilitiert, wenn sie selbst Angehörige der NS-Staatsmacht waren

JUS AMANDI Ausgabe 2/2006 | JUS AMANDI Archiv (in german)


24.04.2006 | Austria

RKL Welcomes Call of Vienna Social-Democrats for Same-Sex Marriage
Rechtskomitee LAMBDA: No Statutory Ghettos but Equal Rights for All! Rechtskomitee LAMBDA (RKL), Austria’s Lesbian and Gay Rights Organisation, with great pleasure welcomes Saturday’s resolution of the Vienna Social-Democrat Party Convention calling for same-sex marriage and full adoption rights for same-sex couples. RKL now calls on the governing coalition to end resistance to equal rights.


06.04.2006 | RKL-Litigation Offensive Continues

Court of Appeals Refuses Stepparent-Adoption
RKL: "Now it’s the turn of the Supreme Court". After the great successes gained in tax law and regarding health insurance partner benefits RKL-litigation offensive for same-sex partners’ rights goes into its next round. The District Court of Neusiedl refused to approve the adoption of a minor child by the same-sex partner of her mother. Upon appeal the Regional Court of Eisenstadt confirmed this decision. The case is now pending before the Supreme Court.


JUS AMANDI Issue 1/2006 published

Pararagraph 209: Höchstgerichte ordnen die Vernichtung manueller Daten an
Menschenrechtsgerichtshof verurteilt Österreich in aufsehenerregendem § 209-Fall
Scheidungszwang: VfGH leitet Aufhebung des Transsexuellenerlasses ein
RKL-Klagsoffensive: Landesgericht Eisenstadt gegen Stiefkind Adoption

JUS AMANDI Ausgabe 1/2006 | JUS AMANDI Archiv (in german)


25.01.2006 | Art. 209

Police Data - Also Constitutional Court Orders Deletion of Manual Data
Platform Against Art. 209: Rehabilitation Bill Must be Dealt with Immadiately!
Platform Against Art. 209 welcomes with pleasure the Constitutional Court’s judgment on Art. 209- police data. As the Administrative High Court some days ago (VwGH 19.12.2005, 2005/06/0140), the Court found that those data have not only to be deleted from computer data banks but also from manual records on paper (VfGH 15.12.2005, B 1590/03).

Erkenntnis des VfGH im Wortlaut


19.01.2006 | Homosexual Victims of Nationalsocialism

Ministers of Justice and of Social Affairs Confirm:
Austria Rehabilitates Homosexual NS-victims only if Former NS-officials

RKL: „Outraging“. Rechtskomitee LAMBDA says Austrian federal government has to act immediately as the Ministers of Justice and of Social Affairs respectively confirmed that homosexual victims of the Third Reich still have not been rehabilitated. With the only exception of those who themselves had been officials of the NS-state!


19.01.2006 | Rehabilitation Bill

Serious Blow Again for Federal Government -
European Court of Human Rights Condems Austria in Sensational Art. 209-Case

Platform Against Art. 209: “Rehabilitation Bill must be dealt with speedily”
As Platform Against Art. 209 just has been informed the European Court of Human Rights again condemned Austria for its years of criminal persecution of gay and bisexual men (R.H.  vs. Austria). The case of R.H. caused sensation in 2002 as Austrian police authorities and judiciary expressed exceptional severity within the last days of Art. 209 thereby even breaking the law and conducting unfair criminal proceedings. Austria now has to pay EUR 44.000,-- as compensation.


13.01.2006 | Art. 209
Police Data - Administrative High Court Orders Deletion (also) of Manual Data
RKL: „Government should promote families, not destroy them“. Rechtskomitee LAMBDA (RKL) highly welcomes the Constitutional Court’s decision to initiate procedures for the repeal of Interior Ministry’s Decree on Transsexuals which pressures same-sex spouses to dissolve their marriage (VfGH 02.12.2006, B 947/05).

VfGH-Beschluss


12.01.2006 | TransX
Austria - Favourable Decision in Constitutional Court’s TransX Same-Sex Marriage Case
RKL: „Government should promote families, not destroy them“
Rechtskomitee LAMBDA (RKL) highly welcomes the Constitutional Court’s decision to initiate procedures for the repeal of Interior Ministry’s Decree on Transsexuals which pressures same-sex spouses to dissolve their marriage (VfGH 02.12.2006, B 947/05).

VfGH-Beschluss


9.01.2006 | Adoption
RKL-Litigation Offensive Continues: District Court of Neusiedl Refuses Stepparent-Adoption
RKL: „Now it’s the turn of the Regional Court of Eisenstadt“. After the great successes gained in tax law and regarding health insurance partner benefits RKL-litigation offensive for same-sex partners’ rights goes into its next round. The District Court of Neusiedl refused to approve the adoption of a minor child by the same-sex partner of her mother. Upon appeal the case is now pending before the Regional Court of Eisenstadt.

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