1. Principle of equality and non-discrimination (Recommendations 32–35)
23. The equality of all Liechtenstein citizens before the law is part of the Constitution of the Principality of Liechtenstein of 5 October 1921 (LV) (LGBl. 1921 No. 15) and enshrined in Article 31(1) LV. The scope of this constitutional article was expanded to include gender equality in 1992 (paragraph 2). The rights of foreigners are determined by international treaties or, in their absence, by reciprocity (paragraph 3). In a current judgement (2014/146), the Constitutional Court held "that the principle of equality set out in Article 31(1) LV, despite the reservation of reciprocity contained in Article 31(3) LV, applies to foreigners in accordance with established case law."
24. Liechtenstein is a State party to a large number of international human rights conventions. These conventions all apply to persons who fall under the sovereignty of a State party. For several of these conventions, Liechtenstein has accepted an individual complaints procedure. The rights guaranteed under these conventions can be asserted before the Constitutional Court by way of the individual complaints procedure, analogously to the rights guaranteed by the Liechtenstein Constitution. Individual complaints before the Constitutional Court are available to all persons against final decisions or decrees issued by a public authority. The Constitutional Court considers whether constitutionally guaranteed rights or rights guaranteed by international conventions have been violated for which the legislative power has explicitly recognised an individual right of complaint (Article 15 of the Constitutional Court Act (StGHG); LGBl. 2004 No. 32).
25. Since Liechtenstein's accession to the European Convention on Human Rights (ECHR) and the creation of Article 15(2) StGHG, the fundamental rights laid down in the ECHR are regularly asserted in individual complaints before the Constitutional Court together with the fundamental rights laid down in the Constitution. As a result, there is effective implementation of the principle of equal treatment. No constitutional amendment is therefore being considered at the present time.
26. In April 2016, an amendment to § 283 of the Criminal Code (StGB) entered into force, introducing a comprehensive prohibition against discrimination. While before, only racial discrimination constituted a criminal offence, the offence now also includes publicly inciting hatred or discrimination on the grounds of language, nationality, ethnic origin, religion, ideology, gender, disability, age, or sexual orientation and is punishable with imprisonment of up to two years. It is also punishable to refuse to provide a service intended to be provided to the general public to a person or group of persons on the grounds referred to above. Prosecutors and judges receive further training in regard to these legislative amendments.
27. Apart from the amendment to the StGB referred to above, several special laws contain specific provisions protecting from discrimination. For instance, labour law expressly provides protection of the rights of personality of the employee. The term
"personality" is to be interpreted broadly, including gender, race, nationality, sexual orientation, etc. Non-discrimination provisions are also found in the Gender Equality Act and the Law on the Equality of Persons with Disabilities. This legal framework already ensures comprehensive protection from discrimination in Liechtenstein.
2. Gender equality and protection from violence (Recommendations 36–50 and 71-72) 28. Liechtenstein has achieved de jure equality between women and men, while the achievement of de facto equality remains a challenge, especially in regard to the workplace, compatibility of family and career, and the representation of women in decision-making and leadership positions in politics and the economy. Over the past few years, efforts and measures in this domain have continued to be pursued. The Government Programme 2017-2021 attaches great importance to the compatibility of family and career. The Government is planning further measures to improve the framework conditions in this regard.
Women in politics
29. As in many other countries, a balanced representation of both genders in political bodies has not yet been achieved in Liechtenstein. Liechtenstein has achieved a good balance in its representation of women in the Government, where two out of five ministers are women (40%) in the current legislative term (2017–2021), as was the case in the previous two terms (2009–2013 and 2013–2017). From 2005 to 2017, between 20% and 24% of members of Parliament were women. The parliamentary elections on 5 February 2017 unfortunately saw a significant decline in the number of women represented in Parliament. Three of the 25 members of Parliament are women, corresponding to a share of 12%. This result has caused a widespread lack of understanding among the Liechtenstein public, leading to ongoing discussions about the reasons and feasible countermeasures. In the current term of office (2015–2019), one out of 11 municipalities is headed by a female mayor. At the level of municipal councils, women are represented with a share of 17% in the current term of office (2015–2019).
30. To improve this situation, a politics course for women has been offered for several years, which has been met with a very good response. This course aims to empower and encourage women to get involved in political processes and in public debate. In 2015, a cross-border project entitled "Women Decide" was launched by Liechtenstein jointly with the Swiss canton of Graubünden and the Austrian state of Vorarlberg. The goal of the project is to promote representation of women in leadership and decision-making positions.
It informs and supports sensitisation and awareness-raising in regard to the representation of women in leadership and decision-making positions. The project includes brief courses entitled "Fit for Politics", workshops on using social media, tutorials for media professionals, a cross-border expert symposium, and a Girls' Parliament for young women between the ages of 12 and 20. At the end of 2016, two studies were also presented to the
public with data surveys on the share of women in media reporting and in leadership positions. The overall cross-border project will be concluded at the end of 2017.
Women in the workplace
31. The legal basis for equality on the labour market is provided by the Law of 10 March 1999 on the Equality of Women and Men (Gender Equality Act (GLG), LGBl. 1999 No. 96), which was enacted in 1999 and has since been revised twice. The GLG also governs legal claims and remedies. Employers who do not eliminate existing discrimination in the workplace may be sued and required to pay compensation. In 2016, 40.4% of employees in Liechtenstein were women. Among part-time employees, who make up a total of 27.3% of all employees, that share of women continued to be high at 73.4%. Far less common than employment in general is the number of women in positions at the upper levels of the hierarchy. Women continue to be heavily underrepresented in leadership positions in the economy and the public sector.
32. The difference between the average monthly wages of men and of women has steadily fallen over the past 10 years. According to the most recent Wage Statistics, the difference in 2014 was 16.5% compared with 20% in 2006. Among the youngest group of workers (ages 20 to 24), the wage difference between women and men fell further at an already low level: from 3.4% in 2012 to 1.4% in 2014. According to a study commission by the Swiss Federal Statistical Office, which can be used as a comparison for Liechtenstein given the similar circumstances, it should be assumed that 56% of the wage difference between women and men can be explained with reference to objective factors such as professional experience and position.1
33. In 2014, the "pay respect" project of the Liechtenstein Employees Association (LANV) received the recognition prize in the context of the Equal Opportunities Award.
The Liechtenstein Government has also supported the annual "Equal Pay Day" carried out every year since 2009. Both are projects aiming to raise awareness of wage discrimination against women. In cooperation with Switzerland, the "Wagemobile" – a mobile travelling exhibition – came to Vaduz in 2015. On this occasion, numerous events were held, including brief counselling sessions for young women, a seminar on salary negotiations, and a discussion round with female members of Parliament.
34. With the excellent educational opportunities and success of girls and women and the increase achieved over the past 20 years in the share of girls and women pursuing tertiary studies (in 2015, 48% of all Liechtenstein tertiary students were female), it can be expected that women will in the future considerably expand their share in leadership positions.
35. A crucial factor in this regard is improving the compatibility of family and career.
Various measures have been taken by the Government in recent years. In particular, these measures include promoting the expansion of after-school programmes outside the home, day care centres and other day care arrangements, and the introduction of all-day public schools. Overall, the number of day care spots has more than tripled since 2000. After-school programmes and lunch tables for After-school children have also been strongly expanded thanks to the rising demand. Liechtenstein also has several all-day schools. The Government subsidises after-school programmes and day care options outside the home, which are continuously being optimised with the help of the municipalities and the private sector. In spring 2015, the Government took note of a report on the situation of child care outside the home and decided to provide a new basis for the financing of additionally needed child care spots. A working group is currently developing solutions. Businesses
1 Office of Statistics of the Principality of Liechtenstein: Wage Statistics 2014.
have also become active and have opened and expanded or are planning and implementing their own day care centres. Finally, standardisation of school schedules throughout the country is being considered.
Stereotypes
36. Over the past five years, projects have also been implemented to break down gender-specific role models and stereotypes. The cross-border "concerns: role models"
project from 2012 to 2014 is of particular note in this regard, with the aim of drawing the attention especially of teenagers and young adults to stereotypes and role models in their own environment and to deal with them critically.
Violence against women and domestic violence
37. The violence protection law in force since 2001 and its core, namely the right to expel the perpetrator as a precautionary measure, form the basis for combating domestic violence. Each year, emergency cards are sent to various public offices in Liechtenstein in eight languages, containing information on domestic violence and contact offices for affected persons. In cooperation with various NGOs, the Government also participates in the international campaign "16 Days against Violence against Women", which takes place each year from 25 November (International Day for the Elimination of Violence against Women) to 10 December (Human Rights Day). The goal of the campaign is to sensitise the public to the issue of violence against women, to increase familiarity with counselling offices, and to present violence-free solutions. For 26 years, the Liechtenstein Women's Home has offered counselling and emerging housing to women and children affected by domestic violence. The Government supports this indispensable organisation through a performance agreement in the amount of CHF 320,000 each year, which covers a large portion of the expenses of the Women's Home. Work with perpetrators is also important as a preventive approach against violence. The Liechtenstein Probation Assistance association accompanies suspects, convicts, inmates, and releasees as well as injured parties and victims. It is an important partner in the prevention of violence, especially by working with perpetrators to deal with their offences and in order to achieve social reintegration and prevention of recidivism. The services provided by the association are funded fully by the State as part of an agreement with the Government. Victims of violence and other offences can also count on support from the official Victims Assistance Office, which was established in 2008.
3. Children
Joint custody
38. On 1 January 2015, a reform of the law on parents and children entered into force in Liechtenstein, which in particular provides new rules governing custody. This new custody law assumes that the relationship of the child to both parents as guardians is in principle especially valuable for the development of the child and that custody should therefore be exercised equally and amicably by both parents. Joint custody is therefore the norm after separation or divorce. This new rule corresponds to the international legal development and social transformations with a changed view of the responsibility of mother and father for their common child or children.
39. Under joint custody, parents are in principle called upon to come to a mutual agreement. For that purpose, the court may also employ the instrument of mediation. In all cases in which the parents adjust their custody arrangements by mutual agreement, children aged 14 and older have the right of objection. If the parents are unable to reach an agreement, the court shall decide in accordance with the welfare of the child. The new law
on parents and children prioritizes the welfare of the child and provides a comprehensive list of criteria to assess the welfare of the child, taking account of child-psychological and pedagogical considerations (see § 137b, General Civil Code (ABGB)).
40. With this reform to the law on parents and children, the term "illegitimate" child was eliminated from the General Civil Code as a remaining discriminatory term referring to children whose parents were unmarried. For quite some time, children with married and with unmarried parents have been treated equally under Liechtenstein inheritance law. The law of descent was also revised and modernised.
Promotion of the family
41. Assistance to families is the best measure to safeguard the social integration of children and young people. The family in Liechtenstein takes on a variety of forms. In addition to the traditional family model, i.e., two parents and their children, a number of new family types have developed. It is the responsibility and objective of Liechtenstein family policy to enable children in all family structures to have the same development opportunities. The State therefore endeavours to create the conditions necessary for the parents to reconcile work and family, but also to have enough time for their children, as well as to support families at risk of poverty.
42. The web platform www.familienportal.li maintained by the State was completely revised in 2015 and presented to the public in June 2015. The new platform takes better account of the increased need of families in Liechtenstein for information. The goal is to provide an overview of the multiplicity of existing offerings. The portal is intended to help parents quickly find the right information in the different phases of life of their children. In addition to useful addresses and counselling offerings, information is included on events and courses relating to pregnancy and family. The new family portal also offers a central platform for private providers of support for parents and families. Here, they have the opportunity to present themselves and their services for families.
Protection of children from sexual exploitation and sexual abuse
43. The Ministry of Justice is currently carrying out extensive work to update the Criminal Code. The revision includes revisions to the law on sexual offences and adjustments to the definition of offences and the severity of penalties. This ensures that the protection of children against sexual exploitation and sexual abuse is being further expanded.
Liechtenstein Children's Lobby
44. In 2012, the organisations and institutions working in the field of children and young people joined together to form the Liechtenstein Children's Lobby. The Children's Lobby is a network advocating for the interests of children and young people and sensitizing the public to children’s rights. 20 organisations currently belong to this network. The 2017 annual topic of the Children's lobby is "Being foreign – belonging. Everyone has the same rights." The network is thus focusing on refugee children and children from other cultures living in Liechtenstein.
4. Older people
45. Old-age provision in Liechtenstein is very well developed, generally allowing inhabitants of the country to continue an adequate standard of living after they retire. When Old-Age and Survivors' Insurance and Disability Insurance (AHV/IV), together with additional revenue and the pensioner's assets, no longer suffice to guarantee a minimum income, supplementary benefits are paid out. Due to demographic developments – i.e. the
increase of the share of older persons – as well as changing demands and needs of the older population, the Government believes it is an important task to take a holistic view of old-age policy. Old-old-age policy is dedicated to the principle that older persons and persons in need of care should be able to live as autonomously and independently as possible. The Information and Counselling Centre for Old Age (IBA), which was established in 2008 and is supported by public funds via a performance agreement, offers counselling and support for older persons and provides information on services offered. Thanks to the excellent healthcare system in Liechtenstein, life expectancy at birth has risen steadily over the past decades: in 2015 it was 84.5 for women and 80.9 for men.
Revision of the Law on Old-Age and Survivors' Insurance (AHVG)
46. The comprehensive reform of the Law on Old-Age and Survivors' insurance (AHVG) of 2016 primarily introduced measures to secure the long-term financial security of the AHV and new rules governing the State contribution paid annually to the AHV. The amendments were passed by Parliament in May 2016 and entered into force on 1 January 2017, with the exception of a few articles that will enter into force on 1 January 2018.
47. The package of measures includes, in particular, increasing the contributions from employers and employees by 0.15 percentage points each and increasing the normal retirement age from 64 to 65 (persons born in 1958 and later). Furthermore, it will be possible to enter retirement between the ages of 60 and 70. The flexibility of the system is thus maintained.
48. Pensioners are entitled to child-raising credits for each year in which they took care of children under the age of 16. These are not cash benefits, but rather credits that are taken into account as income in the calculation of pensions. In the case of married persons, half of the credit is divided between the spouses during all years of marriage. In the case of unmarried parents or divorced parents, the child-raising credits are credited to the parent who has sole custody. Since the revision of custody law in 2015, joint custody has been the rule even after divorce or in the case of unmarried parents, so that after a divorce or separation the child-raising credits are still divided irrespective of what the actual custody looks like. This places a large proportion of women at a disadvantage, as they still often tend to be the primary caregivers and, for the most part, work part-time, which means that they are unable to build up the same level of retirement assets. The revision of the AHV law creates the possibility for unmarried and divorced parents to conclude an agreement whereby the child-raising credits are fully credited to the parent providing the primary care.
This amendment was substantially proposed and pursued by the NGO "infra - Information and Counselling Centre for Women", a member of the women's network, and is a positive example of the involvement of civil society organisations in the legislative process.
Revision of occupational pension provision
49. Also in May 2016, Parliament passed a revision of the Law on Occupational Pensions (BPVG) and the Disability Insurance Act (IVG), which entered into force on 1 January 2017 or will enter into force for some articles on 1 January 2018. The revision
49. Also in May 2016, Parliament passed a revision of the Law on Occupational Pensions (BPVG) and the Disability Insurance Act (IVG), which entered into force on 1 January 2017 or will enter into force for some articles on 1 January 2018. The revision