For Immediate Release: August 13, 2002

SAN FRANCISCO - After years of pressure and protest across Europe, an Austrian law equalizing the age of consent for both heterosexual and homosexual relations comes into effect today. Article 209 of the Penal Code--which had maintained a higher age of consent for homosexual relations (18 years) than for heterosexual ones (14 years)--is officially removed from Austria's books.

"This is an important victory for Austrians, for Europe, and for equality," stated Scott Long, Program Director at the International Gay and Lesbian Human Rights Commission (IGLHRC). "We congratulate Austrian activists who struggled for decades to achieve repeal. We applaud their colleagues throughout Europe who spoke out for simple justice. They deserve credit for setting a major precedent against prejudice."

Article 209 was used as late as 2000 in order to prosecute homosexual relations that would have been legal for heterosexuals. On July 19, 2000, a young man of 20 years stood trial at the Vienna Criminal Court because, as 19 year-old, he engaged in sexual contacts with his then almost 17 year-old boy-friend. The 17 year-old emphasized that he had been sure of his homosexuality since he was 14 and that it was always him who initiated the contacts with his elder partner.

The discrimination imposed by Article 209 was in clear violation of recognized international human rights standards.

In a related case the European Human Rights Commission had found in 1997 "that no objective and reasonable justification exists for the maintenance of a higher minimum age of consent to male homosexual, than to heterosexual, acts" (paragraph 66 of the opinion) and concluded that the right to privacy and the right to be free from discrimination had been violated [application #25186/94, Euan Sutherland against United Kingdom]. ...... The European Parliament had urged Austria repeatedly to repeal article Article 209 and to pardon persons unjustly jailed under this statute. On November 11, 1998, the Human Rights Commission of the United Nations called on Austria to remove the discriminatory minimum age of consent (in its "Concluding Observations" to Austria's report on its compliance with the International Covenant on Civil and Political Rights).

Platform Against Art. 209 --a coalition of over 30 Austrian organizations-- and ILGA-Europe--the European branch of the International Gay and Lesbian Association--had strongly and successfully pressed the Austrian government and European institutions to act against this discriminatory law.

Those calls have finally been addressed. Today the Criminal Law Amendment Act 2002 has been published in the Austrian Federal Law Gazette (BGBl I 134/2002, p. 1407). According to Art. I lit. 19b of the Act (p. 1410) Art. 209 CC is repealed. According to Art. IX of the Act (p. 1421) (in connection with Art. 49 par. 1 of the Federal Constitution Act 1920) Art. 209 ceases to be effective by the end of this day. The transitional provisions can be found in Art. X of the Act (p. 1422); therefore Art. 209 CC still has to be applied in all proceedings where on 14th August 2002 (0.00) the judgement of first instance will already have been delivered.

The full text of the Criminal Law Amendment Act 2002 can be found (in German) at http://www.bgbl.at

Additional links:

• For IGLHRC's position on age of consent laws, see our Statement of Principles Regarding the Rights of Children: http://www.iglhrc.org/news/factsheets/Rights_child.html
• Austrian Coalition Against 209: http://www.platform209.com (in German)
• ILGA-Europe: http://www.ilga-europe.org/

###