Die Gleichstellung homosexueller Beziehungen

Abstract

The extensive case-law of the European Court of Human Rights clearly shows that equality in today’s Europe also includes the elimination of discrimination based on sexual orientation. This article sheds light on the development of this case-law and the resulting gradual change in the legal situation in Austria. This ranged from the abolition of the criminal liability for homosexual relationships as “unnatural” to the beginnings of registered partnerships and adoption to “marriage for all”. This development was triggered by the long-standing tabooing of the subject of homosexuality in public, the legislator’s default and the associated disadvantages for those affected. This had caused an increase in individual complaints before the courts. It was precisely for the equality of homosexual relationships that the ECHR proved to be an engine of legal development and a gradual opening of society.