IUS AMANDI issue 3/2019 released
29 September 2019
Hiv-Positive Employee Fired: Court Orders State of Tyrol Once Again to Pay Compensation
Vienna: Courts Awards Citizenship to Austrian Woman´s Children, which Government Refused Them
Federal Parliament: FPÖ Tabled Bill to Reintroduce the Marriage Ban
Austria Issued First Third Gender Documents
15 January 2019
Following its June 2018 Constitutional Court´s landmark judgment recognizing the non-female/non-male gender identity of intersex persons Austria now has issued the first documents displaying a third gender. Sucessful plaintiff Alex Jürgen received a passport with the gendermarker "X" and a birth certificate with "divers". Rechtskomitee LAMBDA (RKL), Austria lgbti-rights organisation, expresses delight over the historic moment and deplores persistent violations by the Minister of Interior.
EU-Court: Compensation for Gay Policeman
15 January 2019
Dismissed Back in 1976
Back in 1976 a long-serving and highly decorated constable had been discharged on the basis of having been convicted under Austria’s infamous homophobe offence, Art. 209 Criminal Code. The disciplinary sanction continues to perpetuate: the pension of the man is still cut by 25%. The Federal Administrative Court even in 2016 refused compensation saying the contacts, back then legal for heterosexuals (and today for all), would constitute one of the most serious violations of duty" and the dismissal would therefore not constiutute discrimination. The Court of Justice of the European Union (CJEU) now ruled that Austria must compensate the man for his longstanding discrimination (E.B. v BVA). Rechtskomitee LAMBDA (RKL), Austria’s LBTI civil rights organisation, expresses delight that the man finally experienced justice after ten years of court proceedings.