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).>
With a large majority, Resolution 2239(2018) on "Private and family life: achieving equality regardless of sexual orientation" has been adopted by the Parliamentary Assembly of the Council of Europe on 10 October 2018. It gives a minimum list of partners’ rights that should be made available to same-sex couples in all member states of the Council of Europe.
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.
In a judgment handed down on 27 June 2018 the UK Supreme Court unanimously declared that the ban preventing opposite-sex couples from obtaining a civil partnership was incompatible with their human rights and amounted to discrimination.