The rights of homosexuals in a Europe-wide comparison

July 2017, Werner T. Bauer, 26 pages

The treatment of homosexuals and their legal status are important indicators for the social constitution of a country. The study provides an overview of the most important subject areas in a Europe-wide comparison. Concerning this aspect, Austria does not assume a top position within Europe. Admittedly, on the issue of social acceptance of homosexuality, Austria is above EU average and is therefore regarded as a “tolerant country”. However, in respect of equality of homosexual partnerships, Austria, together with several East European states, where homophobia and discrimination are widespread, was for a long time positioned at the tail end. Only in November 2009, following long debates, the Great Coalition agreed to allow registered partnerships. Since then, homosexual couples in civil partnerships are treated equal to heterosexual married couples in respect of civil, labour, aliens and pensions as well as tax law. It was the Constitutional Court that made politics come around adoption rights and in-vitro fertilization for same sex couples. Austria is therewith the only country in Europe, that grants same sex couples the same reproductive rights as heterosexual couples without introducing marriage equality.

zur Studie (pdf)