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.

 From 1 January 2019: Marriage (not) for All?  
 Passport with X: Deadline approaches
 Hiv-Discrimination: Tyrol State Government Delays Court Proceedings
 ECtHR: Change of Forename Prior to Completion of Gender Transition Process
 

JUS AMANDI Ausgabe 4/2018 | JUS AMANDI Archiv

A historic day of joy

This morning the first same-sex couple in Austrian history gets married in Vienna. The couple tieing the knot today is the one which, together with RKL-president Helmut Graupner, last December successfully challenged the marriage ban in the Austrian Constitutional Court. Rechtskomitee LAMBDA (RKL) heartily congratulates and wishes a happy and wonderful wedding year 2019 to all the same-sex couples and their families

 Against the Constitutional Court:
    Will Government Re-introduce the Marriage Ban?  

 Third Gender: Minister of Interior Turns to Supreme Adminsitrative Court
 

JUS AMANDI Ausgabe 3/2018 | JUS AMANDI Archiv

 Austria first country in Europe recognizing third gender as a human right

 CJEU 1: EU-member states must recognize same-gender marriages

 CJEU 2: divorce-requirement inadmissisible for pension rights
 

JUS AMANDI Ausgabe 2/2018 | JUS AMANDI Archiv