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 ECSOL-co-coordinator 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
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.
Ms Ladele was a Registrar of Births, Deaths and Marriages, and Mr McFarlane a Relate counselor. They complained about their dismissal, confirmed by the British courts, for refusing to carry out certain of their duties which they considered would condone homosexuality.
The Court has held, it could not be said that national courts had failed to strike a fair balance when they upheld the employers’ decisions to bring disciplinary proceedings. In each case the employer was pursuing a policy of nondiscrimination against service-users, and the right not to be discriminated against on grounds of sexual orientation was also protected under the Convention.
Eweida v UK: Documents
The European Court of Human Rights in three judgments of today has found that media reports about homosexual acts in a catholic seminary are admissible. In view of the Roman Catholic Church’s position condemning homosexuality, the public had a right to be informed about the conduct of a dignitary of the Church which was in open contradiction with that position. This included the disclosure of the identity of the persons concerned but not the publication of intimate photographs (Küchl v A, Rothe v Austria, Verlagsgruppe News GmbH & Bobi v A).
The judgments can be found here: Documents