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Austria: Activists Call for Repeal of Anti-Gay Laws
05/01/1996

Austrian activists are calling for an international campaign to bring about the repeal of three anti-gay laws.

Article 209 sets the minimum age for consensual sex between gay men at 18, four years above the age of 14 set for lesbians and heterosexuals, and allows for prison sentence of six months to five years. Article 220 prohibits the production or distribution of any materials which present homosexuality in a positive way and carries a sentence of up to six months. Article 221 prohibits the existence of any group whose aims include the promotion of homosexuality and imposes prison sentences of up to six months. Although gay and lesbian groups are active in Austria, there are several documented cases of Art. 220 being used to censor publications, and the unequal age of consent law has been enforced numerous times against gay men.

On 15 January 1996, the first day of the new Austrian parliamentary session, the Social Democrats, the Greens, and the Liberals, which together hold 93 of the 183 seats, introduced new bills to repeal Articles 209, 220 and 221. The proposals to repeal the laws received strong opposition from the religious People's Party and the far right Freedom Party. When Parliament postponed discussion of the bill until November 1996, the Austrian Lesbian and Gay Forum responded by setting a 100 day deadline for considering the proposal.

This deadline passed on 24 April, and the Austrian Lesbian and Gay Forum is now calling for letters to pressure the Austrian government into considering the proposal as soon as possible. The Forum is also encouraging people to organize local protests (for example, outside the Austrian Embassy or the offices of Austrian Airlines) and boycotts of Austrian goods.

Letters should call for the repeal of Articles 209, 220 and 221, stressing the following points:

1. Laws such as Articles 209, 220 and 221 are a disgrace to a democratic society. With such discriminatory laws in force, Austria is in violation of the principles of non-discrimination and equal protection that are the foundation of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the European Convention on Human Rights, all of which Austria has signed.
2. Articles 209, 220 and 221 contradict the Recommendation of the Council of Europe's Parliamentary Assembly (#924/1981), which "urge[s] member states to apply the same age of consent for homosexual and heterosexual acts" and the Resolution of the European Parliament (A3-0028/94), which "calls for the same age of consent to apply to homosexual and heterosexual activities alike" and "calls on the Member States to abolish all legal provisions which criminalize and discriminate against sexual activities by persons of the same sex."

Send letters to:

Dr. Heinz Fischer
President of the Austrian Parliament

Parliament
A-1017 Vienna
Austria

Dr. Franz Vranitzky
Federal Chancellor

Ballhausplatz 2
A-1014 Vienna
Austria

Dr. Wolfgang Schussel
Vice-Chancellor

Ballhausplatz 2
A-1014 Vienna
Austria

Please send copies to IGLHRC along with information on any local protests or boycotts which take place.