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Refusal to investigate hate-speech comments about same-sex kiss on Facebook was discriminatory | European Court of Human Rights

14 January 2020, the ECtHR found sexual orientation discrimination (violating Article 14 taken with Article 8 EConHR) in Beizaras & Levickas v. Lithuania (litigated by ECSOL-members Robert Wintemute and Tomas V. Raskevicius). The case concerns failure to investigate anti-LGB hate speech (including threats of violence) posted on Facebook, after a male-male couple posted to Facebook a photo of themselves kissing.


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CJEU: Compensation for Gay Policeman Dismissed Back in 1976 | European Union

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, represented by ECSOL-member Helmut Graupner for his longstanding discrimination (E.B. v BVA).


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First European Country Recognizes Third Gender Recognition as a Human Right | Austria

By a judgment of 15 June 2018, delivered 29 June 2018, the Austrian Constitutional Court, in proceedings litigated by ECSOL-member Helmut Graupner, has ordered, with immediate effect, that sex entries in the civil registries and in identity documents have to reflect individual self-determined gender identity. This judgment of the world´s first and oldest Constitutional Court makes Austria the first country in Europe and the third world-wide recognizing third gender as a human right.


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