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are now cited as landmark judgments in law and academia.By participating in these cases, Professor Wintemute has helped to improve the human rights of lesbian and gay individuals and same-sex couples living in the 47 countries falling under the European Court’s jurisdiction – including Britain – and the 23 nations party to the American Convention on Human Rights.In 2003 a Chilean judge lost custody of her three daughters because, staggeringly, her sexual orientation was thought to put their development at risk.These situations may have different locations and subjects, and be drawn from diverse legal systems, but they all have one thing in common.In 1996 an Austrian was evicted from his late partner’s apartment because as a gay man, under Austrian law, he lacked the same rights as a heterosexual.
On the occasion of the European Day on the Protection of Children Against Sexual Exploitation and Sexual Abuse, the CDMSI joins and wishes to express its full support for the Council of Europe’s activities aimed at raising awareness of and preventing such crimes against children.Defence laywer, Helmut Graupner, told the court: “They are attempting to criminalise people who do exactly what the state wants them.This accusation is simply a scandal.” (Under Articles 178 and 179 of Austria’s criminal code, disclosure is not a defence to potential HIV exposure, and so this case was not about non-disclosure, per se, but rather about whether the complainant was, in fact, exposed to HIV via oral sex without ejaculation.) The complainant claimed on the witness stand that he had suffered mental anguish due to the fear of acquiring HIV, and he had brought the case partially because he wanted compensation for this.Access to services is regulated by law, the most important legislative basis being the General Social Insurance Act (ASVG).All insured people have a legal right to a large number of benefits.
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However, Judge Eva Brandstetter agreed with the defence that ‘safer sex’ guidance was followed.