Austria moves to compensate gay men convicted under discriminatory laws
Gay people were prosecuted in Austria until as late as 2001 under discriminatory laws. Now their convictions are set to be repealed and they will receive compensation.
Austria has officially apologised for discrimination against gay people, and is set to compensate gay men convicted of fair and discriminatory laws in a landmark reform, the state’s justice secretary has announced.
"The prosecution of homosexual people was a dark chapter of the Second Republic and a great injustice,” Alma Zadić, Justice Minister of the Green Party, posted on X, previously Twitter.
She continued: “Therefore, on behalf of the entire judiciary, I apologise for this injustice to all people who were prosecuted because of their sexual orientation.” The Second Republic is the post-war state of Austria.
Men who were convicted of any consensual sexual acts are set to receive a share of €33 million from the federal budget in compensation as part of the Rehabilitation and Compensation Act.
This will compensate gay men convicted of laws that would not have been illegal if they were heterosexual between 1971, when homosexuality was decriminalised, and 2002, when the last of these laws were repealed.
After Austria decriminalised homosexuality in 1971, gay and hetero relationships faced different laws, including different ages of consent - 18 for gay men and just 14 for heterosexual relationships.
Under these laws a 19-year-old gay man who had sex with an 18 year old could have been jailed for up to five years. Gay sex work was also illegal, unlike heterosexual sex work.
Until now, those prosecuted under these laws were still considered convicted offenders.
Zadić continued that it was shameful “that queer people in Austria were prosecuted until the 21st century” and said that though compensation does not make up for the suffering inflicted “as a state we take responsibility for the injustice.”
The Ministry of Justice expects 11,000 application for compensation and rehabilitation to repeal these convictions.
Those who apply will receive a flate rate of €1,500 for any economic and psychological damage done, €3,000 for each overturned judgment, an additional €1,500 for each year spent in prison and €500 for each court case initiated.
Vienna’s Homosexual Initiative (HOSI) welcomed the step, calling it an “important signal for the victims” while also calling for the pension contributions lost due to time spent in prison to be paid for victims.
Rechtskommitee Lambda also pointed out that under European Court of Human Rights guidelines the compensation for imprisonment should be 83 times higher.
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Austria has officially apologised for discrimination against gay people, and is set to compensate gay men convicted of fair and discriminatory laws in a landmark reform, the state’s justice secretary has announced.
"The prosecution of homosexual people was a dark chapter of the Second Republic and a great injustice,” Alma Zadić, Justice Minister of the Green Party, posted on X, previously Twitter.
She continued: “Therefore, on behalf of the entire judiciary, I apologise for this injustice to all people who were prosecuted because of their sexual orientation.” The Second Republic is the post-war state of Austria.
Men who were convicted of any consensual sexual acts are set to receive a share of €33 million from the federal budget in compensation as part of the Rehabilitation and Compensation Act.
This will compensate gay men convicted of laws that would not have been illegal if they were heterosexual between 1971, when homosexuality was decriminalised, and 2002, when the last of these laws were repealed.
After Austria decriminalised homosexuality in 1971, gay and hetero relationships faced different laws, including different ages of consent - 18 for gay men and just 14 for heterosexual relationships.
Under these laws a 19-year-old gay man who had sex with an 18 year old could have been jailed for up to five years. Gay sex work was also illegal, unlike heterosexual sex work.
Until now, those prosecuted under these laws were still considered convicted offenders.
Zadić continued that it was shameful “that queer people in Austria were prosecuted until the 21st century” and said that though compensation does not make up for the suffering inflicted “as a state we take responsibility for the injustice.”
The Ministry of Justice expects 11,000 application for compensation and rehabilitation to repeal these convictions.
Those who apply will receive a flate rate of €1,500 for any economic and psychological damage done, €3,000 for each overturned judgment, an additional €1,500 for each year spent in prison and €500 for each court case initiated.
Vienna’s Homosexual Initiative (HOSI) welcomed the step, calling it an “important signal for the victims” while also calling for the pension contributions lost due to time spent in prison to be paid for victims.
Rechtskommitee Lambda also pointed out that under European Court of Human Rights guidelines the compensation for imprisonment should be 83 times higher.
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