Woditschka and Wilfing & Ors v Austria - 69756/01 [2009] ECHR 2274 (3 December 2009)

Woditschka and Wilfing & Ors v Austria - 69756/01 [2009] ECHR 2274 (3 December 2009)

The maintenance and application of Article 209 of the Austrian Criminal Code, which criminalized consensual homosexual acts between adult men and adolescents aged 14-18 but not comparable heterosexual or lesbian acts, constituted unjustified discrimination and an interference with the applicants' right to private life, in violation of Article 14 taken in conjunction with Article 8 of the Convention.

Citation
[2009] ECHR 2274
Parties
Applicants: Woditschka and Wilfing; Applicant: Ladner; Applicants: H. G. and G. B.; Applicant: Wolfmeyer; Applicant: R. H.; Respondent: Austria
Jurisdiction
European Union
Judgment Date
03 December 2009
Procedural Posture
Human Rights Application / Execution of Judgment
Outcome
Execution of judgment closed; Austria found to have complied with obligations under Article 46(1) of the Convention.
Legal Topics
Discrimination, Right to Private Life, Sexual Orientation, Criminal Procedure
Human Rights Law Criminal Law Discrimination Right to Private Life Sexual Orientation Criminal Procedure

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Parties

Woditschka and Wilfing

Applicants

Ladner

Applicant

H. G. and G. B.

Applicants

Wolfmeyer

Applicant

R. H.

Applicant

Austria

Respondent

Procedural Posture

Human Rights Application / Execution of Judgment

Legal Issues

  1. 1 Whether Article 209 of the Austrian Criminal Code constituted a discriminatory restriction of the right to private life in violation of Article 14 combined with Article 8 of the European Convention on Human Rights.

Ratio Decidendi

The maintenance and application of Article 209 of the Austrian Criminal Code, which criminalized consensual homosexual acts between adult men and adolescents aged 14-18 but not comparable heterosexual or lesbian acts, constituted unjustified discrimination and an interference with the applicants' right to private life, in violation of Article 14 taken in conjunction with Article 8 of the Convention.

Court Disposition

Execution of judgment closed; Austria found to have complied with obligations under Article 46(1) of the Convention.

Orders

  • Austria paid just satisfaction to all applicants as ordered by the Court.
  • Applicants may seek reopening of domestic proceedings to erase consequences of convictions.