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Austria should compensate people who are persecuted because of their sexual orientation

Austria, despite decriminalizing relationships between people of the same sex in 1971, will use discriminatory legal exceptions to rehabilitate thousands of people convicted of their homosexuality until the 2000s.

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Around 11,000 of them could now receive compensation if they come forward, Justice Minister Alma Zadic (Greens) announced on Monday at a press conference in Vienna.

Their sentence will be canceled and they will be paid 3,000 euros, plus 1,500 euros for each year of imprisonment.

Those who have been prosecuted without conviction will also be compensated, especially if they have suffered moral or professional harm.

“It is clear that this financial compensation can never eliminate the suffering and injustice suffered, but it is crucial that Austria as a state finally recognizes its responsibility,” emphasized Ms. Zadic.

The law, which allocates an amount of 33 million euros for these purposes, must be passed by parliament by the end of the year so that it can come into force in February 2024, a ministry spokesman told AFP.

Even after decriminalization, 26,500 sentences were imposed until the early 2000s, mostly against men.

Gay prostitution was banned until 1989, the right to organize remained closed to LGBT+ activists until the 1990s, and the age of consent for sexual relations between men was 18 until 2002 (compared to 14 for sexual relations between heterosexuals), well after Austria joined to the European Union (EU) in 1995.

After the dark hours of Nazism in an Austria annexed by Adolf Hitler in 1938, the LGBT+ community needed time to see their rights recognized due to the hostility of the Catholic Church and the conservative ÖVP party, which opposed any development.

Austria legalized adoption and same-sex marriage in 2019 through a Supreme Court decision and the issue now enjoys widespread support in public opinion.

However, the minister called for continuing the fight against hatred and violence against lesbian, gay, bisexual and transgender people, citing increasing reports.