Helmut Graupner

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Graupner gives his speech against sexual apartheid. 15 years RKL in the National Council Chamber of the Austrian Parliament

Helmut Manfred Leopold Graupner (born January 26, 1965 in Tullnerbach ) is an Austrian lawyer based in Vienna and European activist for the rights of homosexual, bisexual and transgender women and men. He develops national and international lectures and publications on (human) rights, sexuality, in particular child and youth sexuality, homosexuality, pornography and prostitution, has been heard several times as an expert by legislative bodies, is a leading member of several European organizations in this field and since 1991 the president of the Lambda Legal Committee .

Life

Graupner was born in Tullnerbach ( Lower Austria ) as the first child of the restaurateur Edith and the commercial clerk Helmut Gustav Leopold . After graduating from the BRG Wien 14 with distinction, he began studying law at the University of Vienna . He conducted additional partial studies in economics , sinology and Japanese studies . After he had been involved in the Paneuropean Union from the age of 14 to 19 , he became a member of HOSI Vienna in 1985 and was chairman of the legal group and board member from 1985 to 1991. This was the beginning of his commitment to equal rights for homosexual , bisexual , transgender and adolescents as well as his writing for numerous monthly magazines. From 1987 to 2000 he worked on a voluntary basis for apprentice and youth protection in the Chamber for Workers and Salaried Employees for Vienna. Graupner sponded to master's degree in 1989 and in the same year, in collaboration with Kurt Krickler, published the basis for discussion and documents on homosexuality in Austrian criminal law at HOSI Vienna. In the summer he took part in the annual conference of the International Lesbian and Gay Youth Organization (IGLYO) with other participants of the HOSI youth group and was elected to the board, of which he was a member until 1990.

In 1991 there were differences of opinion in the HOSI Board of Directors about the further strategy against the (then four) anti-homosexual special criminal laws , in particular Section 209 of the Criminal Code (StGB) , and so he founded the Lambda Legal Committee (RKL) together with some other fellow campaigners , an "association for the protection of the rights of same-sex women and men", of which he has been president since the beginning. In 2006, on the occasion of its 15th anniversary, the RKL was honored in a national parliament as the world's first organization of the homosexual movement. In his function as President of the RKL, Graupner was also elected spokesman for the platform against § 209 , a non-partisan association of more than 30 Austrian organizations that advocated the deletion of the paragraph without replacement. In the same year he brought out the overview of homosexuality and criminal law in Austria at the Lambda Legal Committee as a basis for work , which was revised and reissued eight times by 2001. Since the first issue in 1992, he has been writing a lot for the association's own publication "Ius Amandi, magazine for same-sex love and law" , which regularly provides information on current developments. In the same year he was elected co-president of the Austrian Society for Sexual Research (ÖGS) founded by Ernest Borneman in 1979. On August 28, 1993, his first article appeared in the national daily newspaper Der Standard with the title Unequality as a rule . Several more articles followed over the years. On October 20, 1995, Graupner was one of the 13 experts who were heard by the Judicial Committee of the Austrian National Council on the repeal of the special criminal provisions for homosexuals (Sections 209, 220, 221 StGB). In 1996 Graupner received his doctorate with distinction as a doctor of law with a thesis on the subject of sexuality, youth protection and human rights - on the right of children and young people to sexual self-determination . In autumn 1996 Graupner was appointed by the Federal Minister of Justice to his working group for the revision of the Austrian sex criminal law, and in 1997 he published both his first contribution in an Anglo-American sexual science publication and his dissertation as a book, which was published on the occasion of the International Human Rights Day in the Parliament building was presented; in the second volume it contains a very extensive international collection of material on the subject. Graupner has been a member of the World Association for Sexual Health (formerly: World Association for Sexology - WAS ) since 1999 .

After his time as a legal intern, employee of a chartered accountant's office, trainee lawyer in Vienna and an internship in a law firm in Prague, Graupner passed his bar exam with distinction before the bar examination commission of the Higher Regional Court of Vienna and was admitted on February 18, 2000. In addition, he has been admitted to practice under Austrian law in the Czech Republic since April 27, 2000 . In 2000 he became a member of the editorial board of the Journal of Homosexuality , published by Haworth Press in New York. In September of that year he became Vice President for Europe of the International Lesbian, Gay, Bisexual, Transgender & Intersex Law Association (ILGLaw).

In October 2001, HOSI Linz presented him with the Austrian Gay and Lesbian Award for special services to the legal and social equality of lesbians and gays in Austria. Since this year he has also been a member of the Scientific Advisory Board of the Research Institute for Comparative Law Studies on Sexual Orientation and Gender Identity in Turin .

In 2002 he was included in Hübner's Who is Who in Austria as well as in the Marquis Who's Who in the World and the following year in the Marquis Who is Who in American Law . From 2002 he was a lecturer at the University of Innsbruck and gave lectures on sexuality and law. From October 2002 to 2005 he was a member of the EU expert group set up by the European Commission to combat discrimination based on sexual orientation . On a side event of the Swedish government on the meeting of the UN Human Rights Commission on Equality in Dignity and Rights Regardless of Sexual Orientation - A Fundamental Principle of Human Rights, not a Negotiable Concession in the Palais des Nations , he said, on 10 April 2003 on human rights violations due to sexual orientation. On September 11, 2003, he was one of four experts from the Judicial Committee of the Austrian National Council on the draft of a Criminal Law Amendment Act 2003, and on December 15, 2003, he spoke as an expert before the Austria Convention , which had the aim of developing a new constitution. On March 18, 2003, he was one of the experts on the drafts of equal treatment laws by the Equal Treatment Committee of the Austrian National Council. He is the Austrian representative in the European Commission on Sexual Orientation Law (ECSOL) founded in 2005 .

On June 18, 2007, Graupner, in his capacity as a lawyer and co-president of the ÖGS, was the only non-German expert to be heard by the legal committee of the German Bundestag on the German government's draft law to implement the EU framework decision on combating the sexual exploitation of children and child pornography . Like six other of the eight experts, he criticized the vastness of the proposed provisions. On June 18, 2008, he was heard by the same body regarding an extension of the civil partnership .

Graupner acted in Germany in 2010 as an appraiser for the party of the Greens, the Left and the SPD to support a motion to amend the Basic Law. In Article 3, Paragraph 3, the words “his sexual identity” should be inserted after “because of his gender”: “Nobody is allowed to because of his sex, his origin, his race, his language, his homeland and origin, his belief, his religious or political beliefs are disadvantaged or preferred. ”Since the category“ sexual identity ”can also include pedophilia and would then have to be regarded as a feature worth protecting, the application was rejected by the Legal Affairs Committee. In general, Graupner's role as a reviewer was viewed critically, for example when Graupner wrote in an essay for the American “Journal of Homosexuality” in 1999: “The assumption that sexual relationships with prepubescent children are always and in any case abusive and harmful is correct vague and generalizing. "

He lives and works in Vienna with his long-time partner Jiri Pokorny, who comes from the Czech Republic . His hobbies are his job as well as reading and traveling.

Significant cases

In August 2001, Graupner obtained the first diversion for a 37-year-old man accused of consensual same-sex sexual contact with a young person under Section 209 of the  Criminal Code in the first instance before the Vienna Criminal Court with a payment of ATS 20,000 (around € 1,450). Although this judgment was later overturned by the Vienna Higher Regional Court, it was a great success. Because of this conviction, the Republic of Austria was later sentenced to compensation by the European Court of Human Rights .

Graupner was then also a defense counsel in the case in which the judge of the Innsbruck Higher Regional Court asked the Constitutional Court to review the last Austrian special criminal law against homosexuals (Section 209 of the Criminal Code), which on June 21, 2002 led to the repeal of the criminal provision by the Constitutional Court led.

Also in the cases of SL v. Austria and L. and V. v. Austria , in which the Republic of Austria was sentenced for the first time by the European Court of Human Rights in 2003 for the discriminatory § 209 of revision and payment of damages , he was the representative lawyer, also in the subsequent decisions of the same kind.

Before the Austrian Constitutional Court, Graupner fought for the fundamental knowledge of the equal treatment of same-sex couples in the social health insurance system, the deletion of the police data collected under the previous anti-homosexual special criminal laws and finally the repeal of the transsexual decree due to the mandatory divorce for same-sex spouses stipulated therein (after a sex-reassigning operation of one of the partners) .

For ILGA Europe and with the support of Robert Wintemute and Manfred Bruns , he represented Tadao Maruko before the European Court of Justice (ECJ). Maruko had filed a lawsuit against the pension fund of the German stage (VddB), and the Bavarian Administrative Court in Munich submitted the matter to the European Court of Justice for the interpretation of the EU Equal Treatment Directive 2000/78 / EC of the Council of Europe of November 27, 2000. In this precedent, the ECJ ruled on April 1, 2008 - binding for all 27 member states - that registered civil partnerships, provided they have essentially the same effects as marriages, as in Germany, must be treated equally with them and employers and pension funds do not limit benefits to married couples allowed to.

Honors

Both times, activists were honored for the first time by the City of Vienna and the Federal President for their commitment in the LGBT area.

Publications (selection)

  • Sexuality, protection of minors and human rights. About the right of children and young people to sexual self-determination . 2 volumes, Lang, Frankfurt am Main 1996, ISBN 3-631-31790-5 (dissertation)
  • Homosexuality and criminal law in Austria. An overview . 6th edition, Lambda Legal Committee, Vienna 1998
  • No second class love. Protection against discrimination & partnership for same-sex L (i) ebende . Lambda Legal Committee, Vienna 1998
  • Love vs. Abuse - Crossgenerational Sexual Relations of Minors: A Gay Rights Issue? . In: Journal of Homosexuality . Vol. 37 (4) pp. 23-56, Haworth Press, New York 1999
  • (together with Phillip Tahmindjis as editor): Sexuality and Human Rights: A Global overview . Haworth Press, New York 2005, ISBN 1-56023-554-3
  • (as editor with Vern Leroy Bullough ): Adolescence, Sexuality & the Criminal Law: Multidisciplinary Perspectives . Haworth Press, New York 2005, ISBN 0-7890-2781-X
  • The late human right (part 1). Sexuality in European and Austrian Law . In: Sexology . 11, 2004, pp. 3-4, 119-139. Urban & Fischer, Jena, ISSN  0944-7105 .
  • The late human right (part 2). Sexuality in Swiss Law . In: Sexology . 12, 1-2, 71-77, Urban & Fischer, Jena 2005
  • The 17 year old child. The latest European legal framework for sexuality in the new media . In: Kurt Seikowski (Ed.) Sexuality and New Media . S. 54–79, Pabst Science Publishers, Lengerich 2005, ISBN 3-89967-231-3
    Version dated May 10, 2003 with addendum - Lecture on the occasion of the symposium of the Society for Sexual Science. V. (GSW) in cooperation with the Clinic and Polyclinic for Skin Diseases of the University of Leipzig, conference topic: "Sexuality and New Media"
  • Current sexual criminal law in Austria and Switzerland . In: Baier, Bosinski, Loewit (ed.): Sexualmedizin . Elsevier / Urban & Fischer, Munich / Jena 2005
  • Against sexual apartheid. 15 years of RKL . (PDF; 124 kB) Speech at the ceremony for 15 years of the Lambda Legal Committee (RKL) in the plenary hall of the National Council in Vienna on October 2, 2006

Web links

Commons : Helmut Graupner  - Collection of images, videos and audio files

Individual evidence

  1. ↑ a b c d e f g h i j k l m n Who is who in Austria 18th edition, founded by Ralph Hübner, Verlag für Personenenzyklopädien, Zug 2002, ISBN 3-7290-0038-1
  2. ↑ Press release: Lawyer for Lesbians and Gays as GALA Prize Winner ( Memento of the original from September 27, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , HOSI Linz, October 13, 2001  @1@ 2Template: Webachiv / IABot / www.hosilinz.at
  3. ↑ Research Institute for Comparative Legal Studies on Sexual Orientation and Gender Identity : Members of Cersgosig International Advisory Board ( Memento of the original of June 22, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , as seen on May 30, 2007  @1@ 2Template: Webachiv / IABot / www.cersgosig.informagay.it
  4. ↑ German Bundestag: Age of consent for the representation in pornographic writings in the criticism ( Memento of the original of May 29, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bundestag.de
  5. ↑ Helmut Graupner: Statement for the public hearing of the Legal Committee of the Bundestag on June 18, 2008 on civil partnerships  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF) bundestag.de, June 16, 2008@1@ 2Template: Toter Link / www.bundestag.de  
  6. ↑ http://www.artikeldrei.de/fileadmin/artikel3/dokumente/Stellungnahme_G__rditz.pdf
  7. ↑ Miriam Hollstein: "Sexual Identity" must not be a fig leaf for pedophiles. In: welt.de . April 22, 2010, accessed October 7, 2018 .
  8. ↑ http://www.dijg.de/paedophilie-kindesmissusen/normalisierung-allianzen-lobby/
  9. ^ Regional Court for Criminal Matters Vienna: 2d E Hv 3194/01
  10. ↑ Higher Regional Court Vienna 20 Bs 401/01
  11. ↑ VfGH June 21, 2002 G6 / 02; On-line
  12. ↑ ECHR January 9, 2003 No. 45330/99
  13. ↑ ECHR January 9, 2003 No. 39392/98 and 39829/98
  14. ↑ ECHR: Press release issued by the Registrar - Chamber Judgments in the Cases of L. and V. v. AUSTRIA and SL v. AUSTRIA ( Memento of March 17, 2003 in the Internet Archive ) , January 9, 2003
  15. ↑ VfGH October 10, 2005, G 87-88 / 05, V 65-66 / 05 ( online )
  16. ^ VfGH December 15, 2005, B 1590/03 ( online ), VfGH March 7, 2007, B 3517/05 ( online ), u. a.
  17. ↑ VfGH June 8, 2006, V 4/06 ( online )
  18. ↑ News Lambda Legal Committee: ECJ orders equal treatment of civil partnerships and marriage .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 64 kB) rklambda.at, April 1, 2008@1@ 2Template: Toter Link / www.rklambda.at  
  19. ↑ ECJ: C-267/06 - Tadao Maruko v. Pension fund of the German stage - judgment of the Court of Justice (Grand Chamber) , April 1, 2008
  20. ↑ Dámaso Ruiz-Jarabo Colomer : C-267/06 - Opinion of the Advocate General , 6 September 2007
  21. ↑ Herwig Hakan Mader: Vienna merit mark for Helmut Graupner and Andreas Brunner. In: GGG.at. November 14, 2016, accessed on June 12, 2017 : “Graupner was awarded the Golden Medal of Merit of the State of Vienna, Brunner the Silver. It is the first time that queer activists in Vienna have been awarded a medal for their commitment in the LGBT area. "
  22. ↑ Historical act: Federal President Fischer awarded RKL President Graupner Gold Medal of Honor for Services to the Republic. In: RKLambda.at. June 12, 2017. Retrieved June 12, 2017 .
personal data
SURNAME Graupner, Helmut
ALTERNATIVE NAMES Graupner, Helmut Manfred Leopold (full name)
BRIEF DESCRIPTION Austrian lawyer
DATE OF BIRTH January 26, 1965
PLACE OF BIRTH Tullnerbach , Lower Austria , Austria