Jump to ContentJump to Main Navigation
The European Court of Human RightsImplementing Strasbourg's Judgments on Domestic Policy$
Users without a subscription are not able to see the full content.

Dia Anagnostou

Print publication date: 2013

Print ISBN-13: 9780748670574

Published to Edinburgh Scholarship Online: January 2014

DOI: 10.3366/edinburgh/9780748670574.001.0001

Show Summary Details

European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria

European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria

Chapter:
(p.97) Chapter 4 European Human Rights Case Law and the Rights of Homosexuals, Foreigners and Immigrants in Austria
Source:
The European Court of Human Rights
Author(s):

Kerstin Buchinger

Barbara Liegl

Astrid Steinkellner

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748670574.003.0005

By comparing the ECtHR's judgments concerning the rights of homosexuals, with those related to claims raised by foreigners and immigrants, the chapter on Austria's case seeks to identify the factors that account for divergent patterns of state compliance in these two issue areas. Why has the implementation of the ECtHR's judgments played a central role as a trigger of domestic legal reform and policy change in the former, but has only exerted at best a limited influence on the latter± While civil society mobilisation emerges as an important precondition for the implementation of the ECtHR's judgments and their ability to exert domestic legal and policy change, whether sufficient or effective (general) implementation measures are taken seems to be only marginally dependent on the resources and structures of legal support for the individuals concerned. What seems to be more important is the existence of the political will to initiate changes, as well as the personal commitment and influence of individuals in high level positions within the administrative machinery.

Keywords:   Administrative courts, Asylum seekers, Discrimination, Immigrants, Migration policy, Homosexuals, Section 209 Austrian Criminal Code

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.