Stalking Law Used Against Freedom of Assembly of Pro-Life Christians
Anti-stalking legislation is used against side-walk counselling or picketing. On October 25th, 2011, the state court of Graz, Styria, upheld a judgement of the first instance condemning pro-life side-walk counsellors to pay fines on the grounds of “stalking.”
The counsellors did not aim at the private conduct of the abortionist nor at the person of the abortionist himself – but tried to reach out to the women entering the abortion clinic. Nevertheless, the court surprisingly applied the stalking provisions not in the private (for which the stalking provision was originally instituted) but in the professional realm. The court further interpreted that mere standing in front of the door of the workplace without doing or saying anything qualified as stalking, even though the alleged “victim,” the abortion doctor himself, was not able to see them himself (as he was inside the house). This wide interpretation of stalking creates a problem for freedom of assembly and freedom of expression, as it could be further interpreted as any manifestation calling for an act or an omission in the behaviour of individuals. The Austrian law has so far been applied in a discriminatory manner for specifically Christian concerns. There is also a debate in Austria about the introduction of a prohibition of pro-life manifestations in the proximities of abortion clinics, which could also lead to a violation of the freedoms of Christian citizens. Source and further information: The Observatory's Report 2012 on Legal Restrictions Effecting Christians in Europe