Human Rights Council
Working Group on the Universal Periodic Review Fifteenth session
Geneva, 21 January–1 February 2013
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21
*Liechtenstein
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly
Distr.: General 8 November 2012 Original: EnglishContents
Paragraphs Page I. Introduction ... 1–3 3 II. Methodology ... 4–5 3 III. Legal and institutional framework ... 6–14 3 A. Legal framework ... 6–9 3 B. Institutions for the protection and promotion of human rights ... 10–14 4 IV. Protection and promotion of human rights ... 15–90 6 A. Equality, non-discriminationa dn especially vulnerable groups ... 15–52 6 1. Gender ... 15–23 6 2. Children ... 24–30 8 3. Older persons... 29–33 9 4. Persons with disabilities ... 34–38 10 5. Migration and integration of the forein resident population ... 39–44 11 6. Racism ... 45–50 12 7. Sexual orientation ... 51–52 13 B. Right to life, prohibition of slavery and torture ... 53–55 13 C. Administration of justice, right to equal protection of the law ... 56–58 14 D. Right to seek asylum ... 59–61 14 E. Right to freedom of thought, conscience and religion ... 62–65 15 F. Participation in political life ... 66–69 16 G. Right to work ... 70–73 16 H. Right to social security and an adequate standard fo living ... 74 17 I. Right to education ... 75–84 17 J. Right to physical and mental health ... 85–88 19 K. International solidarity ... 89–90 19 V. Consultation with civil society ... 91–95 20 VI. Concluding remarks ... 96 21
I. Introduction
1. Liechtenstein attaches great importance to human rights and to the values that underlie them. These values include the recognition of equal rights – irrespective of power and influence. This principle also plays a central role in the conduct between States. The promotion and protection of human rights are therefore priorities of Liechtenstein's domestic and foreign policy. With an area of 160 km2 and a population of about 36,000, Liechtenstein is one of the smallest States in the world. Nevertheless, Liechtenstein is convinced that its engagement can make a substantial contribution to the protection and promotion of human rights at the international and national level.
2. Liechtenstein fully supports the mechanism of the Universal Periodic Review (UPR) and attaches great importance to the UPR for the improvement of the human rights situation worldwide. As a logical consequence, Liechtenstein takes the recommendations addressed to it seriously, and it participates as well in the UPR of other countries.
3. Liechtenstein's first assessment as part of the UPR process took place on 5 December 2008. Within the framework of this assessment, a total of 43 recommendations were addressed to Liechtenstein. Liechtenstein has accepted more than three quarters of these recommendations, namely 35 (some of which with a slightly different formulation).
As the report shows, significant progress has been made in regard to many of the recommendations; in part even in areas originally rejected by Liechtenstein.
II. Methodology
4. The present report was prepared by the Office of Foreign Affairs with the involvement of all relevant administrative offices. Before its adoption, the report was sent to the appointed commissions and institutions relevant to human rights as well as to interested civil society organizations. These various bodies had the opportunity to comment on the report in a specially conducted event in the form of a workshop and/or to submit written comments. A summary of the feedback received on the report can be found in Chapter V.
5. The thematic structure of the report is based on the structure of the Universal Declaration of Human Rights. The recommendations from the first UPR that have been accepted by Liechtenstein are discussed in the relevant thematic chapters.
III. Legal and institutional framework
A. Legal framework
6. Articles 27bis to 44 of the Constitution of Liechtenstein contain numerous basic rights and fundamental freedoms. In its case law, the Constitutional Court has derived further basic rights from those enumerated in the Constitution or has recognized them as independent, unwritten basic rights.
7. Liechtenstein follows a monistic tradition in relation to international agreements, i.e.
a ratified agreement becomes part of national law from the date of entry into force, without any need for the creation of a special law. The agreement is also directly applicable if its provisions are sufficiently specific for that purpose.
Recommendations no. 64/2, 64/3, 65/1: Convention on the Rights of Persons with Disabilities and its Optional Protocol, International Convention for the Protection of All Persons from Enforced Disappearance, Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child
pornography.
8. In regard to the ratification of international conventions, Liechtenstein has accepted three recommendations. It is the standard practice of the Liechtenstein Government to decide on accession to a convention only once the relevant legal and practical preconditions have been established domestically. This ensures that all provisions of the convention may actually be applied from the time of entry into force. In the case of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, implementation included the need for amendments to the criminal law relating to sexual offenses, which have meanwhile been undertaken. The proposal to Parliament is currently being prepared, with the goal of ratifying the Optional Protocol before the end of 2012 if possible. In connection with the planned ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, the plan is to expressly include the relevant offenses relating to enforced disappearances in the Criminal Code, for which preparatory work is underway. Once this step is complete, ratification should be accomplished quickly. With regard to the Convention on the Rights of Persons with Disabilities and its Optional Protocol, the Government has appointed an inter-office working group to assess the need for amendments in preparation for ratification.
In light of the ongoing reform of the National Public Administration (see paragraph 13), the final report of the working group has been delayed. The plan is to continue preparations once the administrative reform is complete, with the goal of ratifying the Convention as soon as possible.
9. In 2009, Liechtenstein ratified both the 1961 Convention on the Reduction of Statelessness and the 1954 Convention relating to the Status of Stateless Persons. At the same time, the relevant reservations to the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention relating to the Status of Refugees were withdrawn. Also in 2009, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption was ratified. On 8 May 2012, Liechtenstein became the first State to ratify the amendments to the Rome Statute on the crime of aggression. In recent years, Liechtenstein also signed the following conventions relevant to human rights: the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, the Convention on Cybercrime and its Additional Protocol concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems, the Convention on Cluster Munitions (all 2008) as well as the Council of Europe Convention on the counterfeiting of medicinal products and similar crimes involving threats to public health.
B. Institutions for the protection and promotion of human rights
10. Several institutions exist in Liechtenstein to promote human rights. The Government's Office of Equal Opportunity (SCG) plays an important role and has existed in its current form since 2005. It advocates against discrimination and for the promotion of equal opportunity in the fields of gender equality, disability, migration and integration, social disadvantage and sexual orientation. Over the past decade, new offices and bodies responsible for specific human rights topics have been created both within and outside the National Public Administration. Within the Administration, these include in particular the appointment of an Integration Officer for Integration of the Foreign Resident Population (2008) and the creation of a Victims Assistance Office (2008), which offers counseling as well as medical, psychological and financial assistance to victims of crimes and their
relatives. The Government has also appointed several commissions as advisory bodies on specific topics, for instance the Gender Equality Commission, the Violence Protection Commission, and the Commission on Integration Issues.
11. Another important institution is the independent Corrections Commission (since the beginning of 2008), which is tasked with monitoring compliance with the execution of sentences in the penal system and the treatment of convicts. It also plays the role of national preventive mechanism as set out in the Optional Protocol to the Convention against Torture. Likewise of note is the legislatively established Office for the Equality of Persons with Disabilities, which is administered by the Liechtenstein Association of Persons with Disabilities.
12. The most important innovation at the institutional level in the last four years was the creation of an Ombuds Office for Children and Young People (OSKJ) in 2009. The OSKJ is an independent, neutral and generally accessible contact and complaints office for questions relating to children and young people. The OSKJ's mandate includes receiving questions, concerns and complaints and mediating in the event of difficulties and conflicts between private individuals and offices, authorities and all public organizations dealing with children's and youth issues. All matters are treated with the strictest confidence. A further task of the OSKJ is to monitor implementation of the UN Convention on the Rights of the Child and other international protective regimes for children. The first Ombudsperson was elected by the Liechtenstein Parliament in October 2009 for a term of four years and began her work the beginning of 2010. Also in 2009, the Children and Youth Advisory Council was created as an additional institution at the national level to represent the interests of children and young people. The Advisory Council is composed of the organizations and groups working in the field of children and young people.
13. In the context of an overarching administrative reform, the goal of which is to streamline structures and define clearer responsibilities and powers, the human rights protection regime in Liechtenstein will be modified in certain fundamental ways. Parts of the Office of Equal Opportunity are planned to be integrated into the newly created Office for Social Affairs and Society, together with the human rights activities of various other administrative offices. The goal is to ensure that all topics relating to equal opportunity and non-discrimination are bundled together within the same office. Additionally, the Government has decided to create an independent body for the protection and promotion of human rights. This body will include the areas in which the Office of Equal Opportunity currently exercises an independent mandate. The plan is to design the body in accordance with the Paris Principles (UN General Assembly resolution 48/134 of 20 December 1993).
To create further synergies, the Ombuds Office for Children and Young People is to be integrated into this new, independent body.
14. The data situation in the field of human rights protection and non-discrimination has in the past been a weak point, to which Liechtenstein's attention has repeatedly been directed. In recent years, efforts were strengthened to improve the data situation in the field of human rights, in regard to specific topics as well as to obtain a better overall view. Of special note in this connection is the Government's decision in 2010 to publish an annually updated report on the situation of human rights in Liechtenstein. The report can be accessed under "Publikationen" at www.aaa.llv.li.
IV Protection and promotion of human rights
A. Equality, non-discrimination and especially vulnerable groups
1. Gender
15. In the field of gender equality, Liechtenstein received nine recommendations, of which it accepted eight, some of which with a reformulated wording. The only recommendation Liechtenstein did not accept, namely to introduce ex officio prosecution for all acts of domestic violence, was reviewed and has meanwhile been implemented.
Recommendations no. 64/6, 64/7, 64/8, 64/9, 65/8, 65/9, 65/10, 65/11, 65/12: Combat domestic violence; promote women's participation at all levels and in all areas of public life; promote equal opportunities in the labor market, especially re-entry into the workforce after childbirth; overcome traditional stereotypes; address de facto discrimination with regard to inheritance.
16. Equal opportunities for men and women have been an important concern of the Government for many years. Over the last four years, the efforts to achieve de facto equality of women and men have been steadily advanced, and further progress has been made in this regard.
17. With respect to measures taken in the legal field, the amendment of inheritance law and the new provisions on sexual offenses in the Criminal Code are especially noteworthy.
Inheritance law was fundamentally revised in 2012, in order to improve the legal standing of the surviving spouse or registered partner. For this purpose, especially the legal inheritance share of the surviving spouse or registered partner was increased. Before the reform, a legal inheritance share of one third of the estate went to the surviving spouse or registered partner – apart from the shares received by direct offspring. This in effect disadvantaged spouses who were not working. The new inheritance share is one half of the estate. This accordingly also increases the compulsory share, which is calculated on the basis of the legal inheritance share. The law governing the compulsory share now also includes an abuse clause, which ensures that the surviving spouse is not disadvantaged.
18. The amendments to the law governing sexual criminal offenses aimed to expand the material-legal protection of victims and to supplement at the legal level the practical measures taken by the Government to combat violence against women and children as well as domestic violence. Effective 1 June 2011, the class of criminal offenses to be prosecuted ex officio has been expanded. In cases of dangerous threats against close relatives, stalking ("persistent pursuit"), rape or sexual coercion in marriage or domestic partnerships, as well as coerced marriages, the requirement of authorization by the affected person to prosecute has been eliminated. Ex officio prosecution ensures that no limiting preconditions apply anymore to the various forms of domestic violence. The explicit inclusion of the criminal punishability of female genital mutilation, which also entered into force on 1 June 2011, likewise contributes to the stronger protection of victims of violence.
19. 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. The emergency cards are freely available. Every two to three years, campaigns are conducted in cooperation with one or more NGOs. In 2012, for instance, a two-week campaign against domestic violence is planned in cooperation with the Liechtenstein Women's Home.
20. While the legal equality of women and men in Liechtenstein has been implemented, there continue to be challenges in the realization of full de facto equality. In this area, numerous measures – many of which also in cooperation with civil society – have been initiated and implemented over the past four years. As in many other countries, balanced representation of both genders in political bodies has not yet been achieved in many places.
In Parliament as well as in the Municipal Councils, women occupy approximately one quarter of the seats. To improve this situation, a politics course for women is offered, which has met with a very good response. This course aims to empower and encourage women to contribute their concerns and potential in political bodies and in public. Women deciding to run for a seat in Parliament or a Municipal Council are additionally supported with a specific platform, www.frauenwahl.li, allowing them to increase their visibility. Also for many years, public discussion rounds with women in Parliament have been conducted twice a year on current topics. Apart from these ongoing measures, the Gender Equality Commission commissioned a study on "Non-Candidacies in the 2011 Municipal Elections"
in 2011. This study examined why women and men who were asked to run for office decided not to do so. The study provided indications of factors that might be decisive in the future to motivate more women to run for office.
21. Another important issue for Liechtenstein's gender equality policy is equal opportunity for women and men in the labor market. The legal basis is provided by the Gender Equality Act, which was enacted in 1999 and has been revised twice since then.
Over the past decades, the general trend has clearly been toward increasing employment of women and accordingly toward more similarities with the employment patterns of men. In 2010, the share of women among workers was 40.2%. Nevertheless, marked differences remain. The monthly gross salary of women in 2009 was 19.5% lower than that of men.
Wages are a particularly sensitive area, in which various measures were taken in 2012, including the wage inequality survey conducted for the second time in the National Public Administration. Another planned project is called "Such a (Wage) Drama", in which the population is to be informed and sensitized regarding the wage (in)equality of men and women. The strategic management level of the total of 24 public foundations and establishments as well as of the private enterprises partially owned by the State has a women's share of 24.3%.
22. Closely related to the equality of women and men in the workplace is the promotion of the compatibility of family and work as well as family policy in general. Liechtenstein meanwhile has a well-developed network of daycare facilities for children and other care offerings outside the family, which are very popular. The Government subsidizes daycare offerings outside the home, which are continuously optimized with the involvement of the municipalities and private businesses. Several municipalities also already offer all-day schools. After giving birth, women in Liechtenstein are legally entitled to 20 weeks paid maternity leave. Mothers and fathers additionally have a right to 3 months unpaid parental leave. As an employer, the National Public Administration allows interested employees, to the extent feasible, to work part-time. To raise the private sector's awareness of the advantages of family-conscious corporate and personnel policy as well, an exchange in this regard is sought with the business associations. In this connection, an inaugural event on the topic of "Compatibility of family and work – a gain for businesses!" will be held in November 2012. The Government implements various measures to support mothers during their re-entry into the workforce after an interruption: re-entrants are offered group courses and individual coaching free of charge.
23. Since achieving de facto equal opportunities for men and women is closely connected to attitudes, measures are carried out on an ongoing basis with the goal of raising awareness of stereotypical roles and dissolving them. Various school projects are of note in this connection, in which young adults are sensitized in regard to gender issues, or in which pupils can get to know gender-atypical professions.
2. Children
Recommendations no. 64/4, 65/24, 65/25: Establishment of an independent mechanism mandated to consider complaints of child rights violations; prohibition of all forms of corporal punishment of children; measures for the protection and well-being of children affected by parental detention or imprisonment.
24. On 1 February 2009, the new Children and Youth Act (KJG) entered into force in Liechtenstein. The Act was developed in a participatory process involving both children and young people as well as adults. Children's rights under the Convention on the Rights of the Child and the principle of non-discrimination were expressly included in the Act. Other innovative elements include the establishment of two new independent institutions, namely the Ombuds Office for Children and Young People (OSKJ) and the Children and Youth Advisory Council (see also paragraph 12), as well as the associated enshrinement of participation of children and young people in the matters that concern them at the national and municipal level. The participation of children and young people was additionally also included in the School Act (as revised in 2011).
25. Additional important elements included in the new KJG are the new rules governing the right and duty to report endangerments of the welfare of children, support when children and young people break the law, new rules governing adoptions, strengthening of the legal standing of children in judicial placement proceedings, and strengthening of the protection of children and young people (including new rules on the advertising and sale of alcoholic beverages and tobacco products).
26. Additionally, the right to a violence-free upbringing was included in the new KJG, supplementing the existing provisions in the General Civil Code. The KJG provides that all forms of corporal punishment as well as emotional injuries and other degrading measures are impermissible. This prohibition refers not only to parents, but to all persons involved in education and upbringing.
27. An important expansion of the protection of children from sexual abuse and other forms of sexual violence was realized with the revision of the law governing sexual criminal offenses in 2010 (entry into force on 16 March 2011 and in part on 1 June 2011).
The amendments expand the material-legal protection of victims. New criminal offenses were introduced, including the initiating of sexual contacts with children using information and communication technologies (grooming). Moreover, a comprehensive criminalization of conduct relating to child pornography and child prostitution was included.
Extraterritorial jurisdiction was introduced for several sexual offenses against children and young people. The statute of limitations for criminal acts against sexual autonomy and other sexual offenses was extended by not counting the time before the victim reaches the age of majority. To take account of the preventive aspect as well, the new provisions provide for more intensive monitoring of convicted sex offenders, including the possibility of supervised probation, issuing of instructions upon conditional release, and prohibition of certain types of work.
28. Child rights policy is also family policy: Like other European countries, Liechtenstein is facing major family policy challenges. Social transformations have fundamentally changed family structures and the needs of parents and children. Based on these insights, the Government presented the "Framework for the Liechtenstein Family" in 2011, which provides a framework for a family, child and youth policy that is as true to life as possible. The framework of the family is further specified by a catalogue of measures.
According to the most recent catalogue of measures for 2012 and 2013, the Government is focusing on the four areas of compatibility of family and work, debt prevention among young people, open youth work, and parental education. The ultimate goal is to provide
good conditions for the various forms of life and family and, for this purpose, to bring together and coordinate the actors concerned in all areas.
29. In the first UPR, Liechtenstein received the recommendation that special measures should be taken to protect children whose parents have been detained or imprisoned, taking into account the physical, social and psychological development of the children. Such measures already exist in Liechtenstein: If a parent is detained or imprisoned, an interdisciplinary team consisting of child psychologists, social workers, and educators working for the Office of Social Affairs evaluates the family situation. The team determines whether the child can remain in the close family (with the other parent) or the extended family despite the imprisonment of a parent, and whether specific measures and/or support for the child by the Office of Social Affairs is necessary.
30. In 2011, the two new independent institutions created by the Children and Youth Act, namely the OSKJ and the Children and Youth Advisory Council, conducted a survey of 1,100 children and young people – which corresponds to about 20% of the children in this age group in Liechtenstein. The children were asked about their life situation, their desires, and their problems. The result is a report reflecting the perspective of children and young people, and it was presented to the Liechtenstein public and the UN Committee on the Rights of the Child.1 The study shows that children and young people in Liechtenstein consider their circumstances of life to be satisfactory, and that they are aware of the advantages of the country's small size and material prosperity. The report also identified various areas with further potential for improvement, such as regarding participation and parental custody (demand for prior mediation supported by the State in the event of separation and divorce). The work toward a system of joint custody by both parents is already underway in the responsible ministry.
3. Older persons
31. Old-age provision in Liechtenstein is very well developed, allowing inhabitants of the country to continue an adequate standard of living after they retire. 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 in old-age policy. Old-age policy is dedicated to the principle that persons in need of care should be able to live as autonomously and independently as possible.
32. While earlier structures for the care of older persons were focused heavily on institutionalized care, care options at home as well as preventive care have been strengthened since 2007 in order to implement the principle mentioned above. This strategy includes support for relatives who take care of persons in need of care at home. As part of its old-age policy, the Government adopted a specific "dementia strategy" in 2012, which provides the framework for differentiated treatment of a complex, increasingly important topic.
33. To improve the participation of older persons in the political decisions relating to old-age policy, the Government established a politically neutral and institution-independent Senior Advisory Council as an advisory body in 2007. The Senior Advisory Council serves as the voice of Liechtenstein seniors and contributes their interests and concerns to the national political opinion-making process. The Government also regularly conducts events, campaigns and studies in cooperation with various relevant organizations, in order to
1 The bilingual report is available in German and English and can be downloaded at www.oskj.li, Aktivitäten, Kinder- & Jugendbericht 2011.
promote exchange and solidarity as well as mutual understanding between generations.
With its website www.zukunftalter.li, the Government has additionally created an information and contact platform for all issues relating to old-age policy.
4. Persons with disabilities
34. The legal equality of persons with disabilities in Liechtenstein was achieved through the Law on the Equality of Persons with Disabilities (BGlG), which entered into force on 1 January 2007. The BGlG aims to prevent discrimination and marginalization in everyday life and to facilitate integration to the greatest possible extent. The law also provides for an Office for the Equality of Persons with Disabilities. The Liechtenstein Association of Persons with Disabilities, an independent institution representing the interests of persons with disabilities, performs the function of the Office for the Equality of Persons with Disabilities on behalf of the Government. As part of the overarching reform of the National Public Administration (see paragraph 13), this function is to be performed by a central office within the Administration in the future. This will allow the Association of Persons with Disabilities to focus again exclusively on its role as an NGO.
35. Since entry into force of the BGlG, one of the main goals is to take measures for the de facto equality of persons with disabilities, to raise the population's awareness of the concerns of persons with disabilities, and to promote networking among the various governmental and non-governmental groups working in this field. In regard to this last point, the networking group "Sichtwechsel" is of special note: A total of 20 governmental and non-governmental organizations have joined together in an informal group which exchanges ideas and experiences, launches joint campaigns, and provides information on the topic of disabilities in Liechtenstein via the website www.sichtwechsel.li. The group was formed in 2010 on the occasion of a joint exhibition for the 50th anniversary of Disability Insurance in Liechtenstein. A further awareness-raising measure is the project
"mittendrin": Persons with disabilities write journalism articles which appear regularly in the national newspapers. On 3 December 2012, the articles will appear in a separate newspaper for the first time which will be sent to all households in Liechtenstein. More issues of the newspaper are planned for the coming year.
36. Apart from the BGlG, the Disability Insurance Act (since 1960) continues to serve as a legal basis. Its objective is to promote persons with disabilities so that they are able to support themselves in whole or in part by their own means and are able to lead their lives as independently as possible. They are thus entitled to a range of integration measures such as professional retraining and continuing training, wage subsidies, and additional assistance. If they are not or only partially able to work, they are entitled to a disability pension. In April 2012, the Government adopted implementation of a new concept for the improved integration of persons with disabilities in the workplace. This concept includes the creation of a central contact office for affected persons and third parties (e.g. relatives and employers). The central contact office is to bundle offerings previously provided by several different institutions. A further goal of the concept is to achieve closer cooperation with employers as well as to support and sensitize them. The concept is to be implemented as part of the administrative reform currently underway.
37. The Government has furthermore taken various measures to eliminate barriers for persons with disabilities. To improve access to information, the Government expanded barrier-free access to its official Internet platform www.regierung.li a few months ago by providing a sign language service; the same was done for www.liechtenstein.li, the website for official information about the country. The Government also maintains an online guide entitled "Barrier-free through Liechtenstein", which provides current information on the accessibility of public buildings, restaurants, doctors' offices, etc.
38. The Government is currently reviewing the preconditions for ratification of the Convention on the Rights of Persons with Disabilities (see paragraph 8).
5. Migration and integration of the foreign resident population
Recommendations no. 64/12, 65/17, 65/18, 65/20: Steps to improve the integration of different groups, in particular in the education process; particular attention to the situation of foreigners, respect for diversity of cultures.
39. The law governing foreigners in Liechtenstein distinguishes among three groups of foreigners: Swiss citizens, citizens of member States of the European Economic Area (EEA), and citizens of other States (third countries). This distinction is based on the international treaties concluded with Switzerland as well as EEA law, which contain reciprocal rules governing the treatment of each side's citizens and their relatives as well as free movement of persons (limited by a quota). The legal status of the foreign population has been set out for the first two groups of foreigners since 1 January 2010 in the Law on the Free Movement of EEA and Swiss Citizens (Free Movement of Persons Act, PFZG) and for citizens of third countries since 1 January 2009 in the Law on Foreigners (Foreigners' Act, AuG).
40. The share of foreigners in the permanent resident population of Liechtenstein is 33.3%, which is comparatively high. Of the foreign citizens living in Liechtenstein, about half are from the territory of the EEA, especially Austria and Germany, about one third from Switzerland, and one fifth from third countries.
41. The coexistence of the domestic and foreign population has been largely peaceful for decades, especially also because the foreign population participates in economic success to the same extent as the domestic population and is integrated into the country's social structures. At the same time, the integration of foreigners is a central concern of the Liechtenstein Government. Integration is conceived as a reciprocal process that demands mutual respect and understanding of both the host society and immigrants and is based on the principle of "demanding and promoting". Both the PFZG and the AuG contain these principles of integration: the PFZG as an objective to be achieved, the AuG as a binding performance within the framework of an integration agreement concluded between the citizens of third countries and the responsible Immigration and Passport Office. Pursuant to this agreement, third-country citizens undertake to learn the German language and to acquire basic knowledge of the Liechtenstein legal order and structure of the State. In return, citizens are supported in their efforts to learn German.
42. On 1 September 2008, the Government created the position of an Integration Officer. In December 2010, the Government adopted a comprehensive integration concept entitled "Liechtenstein – Strength through Diversity", which includes a plan of measures for the years 2011 to 2013. The concept contains five principles guiding integration policy: 1) Liechtenstein helps unfold and make use of the potential of the people living there; 2) Liechtenstein values diversity and promotes it in a targeted manner; 3) Liechtenstein positions itself as an "intercultural country" that allows everyone to participate; 4) Liechtenstein is a country with which the people living there can intensively and proudly identify; 5) Liechtenstein actively promotes multilingualism.
43. To better integrate the foreign population, the Law on the Acquisition and Loss of National Citizenship (Citizenship Act, BüG) was revised. Since 10 December 2008, foreigners wanting to acquire Liechtenstein citizenship must show they have mastered the German language and have basic knowledge of the legal order, structure of the State, history, and culture of Liechtenstein. In this way, naturalization can be seen as the conclusion of a successful integration process. As part of the revision, the residence period for naturalization pursuant to marriage was reduced from ten to five years.
44. The school system plays another important role in the integration of the foreign population and the promotion of tolerance and understanding between the domestic and foreign population. Numerous measures have been taken in this regard, as discussed in Chapter I (Right to education).
6. Racism
45. Criminal prosecution of racist conduct is provided for in article 283 and article 33(5) of the Criminal Code.
Recommendations no. 64/11 and 64/13-16: Continue and maintain efforts and measures to combat racism; monitor and document racist incidents.
46. Without reservations, Liechtenstein has accepted all five recommendations it received within the framework of the UPR on the topic of combating racism. Over the past four years, numerous measures have been carried out in accordance with these recommendations and the recommendations of the treaty bodies. Events and campaigns for raising awareness and sensitizing the population have been held, basic research has been conducted, and the statistical analysis of data has been prepared. The Violence Protection Commission plays an important role in this regard: It was appointed by the Government in 2003 as an inter-office body under the leadership of the National Police. The mandate of the Violence Protection Commission includes observing and documenting the situation of right-wing extremist violence in Liechtenstein and drawing attention to dangerous developments early on.
47. In 2009, a sociological study commissioned by the Government on the phenomenon of right-wing extremism and its causes in Liechtenstein was concluded and presented to the public. In the study, the authors also enumerate several recommendations for approaches to be taken by the authorities when combating racism and right-wing extremism. The results of the study were evaluated by the Government's Violence Protection Commission.
Building on this evaluation, the Government adopted a plan of measures against right-wing extremism ("MAX") for the years 2010 to 2015, containing numerous activities.
48. Key points of this catalogue of measures are the creation of the Specialist Office against Right-Wing Extremism in 2010 with the mandate to coach helpers confronted with the issue of right-wing extremism and to build up counseling knowledge, to launch a public outreach campaign against right-wing violence ("Show your face against right-wing violence," 2010), and to offer anti-aggression training to treat violent right-wing extremists and others. A key priority of the catalogue of measures is also to improve the data situation relating to racism and right-wing extremism. In this connection, the Government has commissioned an independent research institute to prepare an annual monitoring report documenting all incidents and measures connected with right-wing extremism in Liechtenstein. The monitoring report on right-wing extremism is published and made available to the public. In April 2012, the 2nd monitoring report REX was published for the year 2011 (available at www.respect-bitte.li; www.landespolizei.li).
49. Apart from the points already mentioned, the catalogue of measures MAX provided the basis for several continuing training sessions for social workers, teachers, etc., in order to sensitize them to the problem of right-wing extremism (recognition of right-wing extremists) and to convey adequate intervention patterns.
50. Schools play an important role in the prevention of racism. At the level of instruction, special importance is attached to historic and political education. Education about National Socialism is a mandatory priority topic in the curriculum for the secondary level. Suitable teaching materials are made available, and the development of textbooks relevant to Liechtenstein is actively promoted. Additionally, campaigns and projects are
offered at schools allowing pupils to critically confront racism and right-wing extremism.
The annual Holocaust Memorial Day is of special note in this regard. Alongside the continuing training courses for teachers mentioned above, measures for dealing with extremist tendencies include low-threshold counseling for pupils (e.g. schoolmate/teacher serving as a confidant) and school social work.
7. Sexual orientation
Recommendation no. 65/13: Law introducing registered partnerships of same-sex couples.
51. With entry into force of the new Law on Registered Partnerships of Sex-Same Couples on 1 September 2011, an important contribution was made to overcoming discrimination and social taboos regarding homosexuality. Since then, same-sex couples have been able to have their partnerships registered. The registered partnership is certified by the Civil Registry Office.
52. Registration forms the legal basis for a life partnership with reciprocal rights and duties: The registered partners must provide each other with information regarding their income, assets and debts. Joint decisions must be made regarding the shared home.
Registered couples are deemed equivalent to married couples in respect of inheritance law, social insurance law, occupational pension law, the law governing foreigners and naturalizations, tax law, and all other areas of public law. For this purpose, various existing laws were amended at the same time the Registered Partnership Act was created. Adoption of children and the use of reproductive medical procedures are not permissible for persons living in a registered partnership.
B. Right to life, prohibition of slavery and torture
53. The right to life, the prohibition of inhuman or degrading treatment or punishment, personal freedom, and protection from slavery are guaranteed by the Liechtenstein Constitution and the European Convention on Human Rights. The death penalty has been abolished.
54. Although authorities have determined that Liechtenstein is neither a transit nor a destination country for organized human trafficking and no cases of human trafficking are known, the efforts to combat and prevent this phenomenon have been further strengthened over the past years. Since 2006, a Round Table on Human Trafficking has existed in Liechtenstein to strengthen cooperation among law enforcement authorities, migration authorities, and victims support institutions in the field of human trafficking. The guidelines for combating human trafficking in Liechtenstein prepared by the Round Table were approved by the Government in 2007. In 2009, the Round Table launched a Prevention Project for Potential Victims of Human Trafficking (MAGDALENA).
55. The project approaches the dancers working in Liechtenstein bars and nightclubs, who are considered a risk group for human trafficking. The dancers have been required since 2009 to take part in an information session at which public officials and the Victims Assistance Office inform women of their legal situation. This session helps prevent possible exploitation in the scene and shows potential victims of human trafficking ways to access counseling and victims assistance organizations. An evaluation of the project has confirmed its positive impact.
C. Administration of justice, right to equal protection of the law
Recommendation no. 64/17: Further efforts to safeguard the rights of detainees awaiting trial in accordance with the recommendations of the Human Rights Committee.
56. Already with the revision of the Code of Criminal Procedure (StPO), which entered into force on 1 January 2008, Liechtenstein implemented the recommendations of the Human Rights Committee regarding safeguards of the rights of detainees awaiting trial.
Upon arrest or immediately thereafter, each detainee must be informed of his or her right to consult a defense lawyer and of the right to remain silent. The detainee is informed that any statement made may serve his or her defense but may also be used against the detainee. The StPO also necessarily requires the appointment of a defense lawyer for the duration of detention pending trial. If the accused does not appoint such a defense lawyer, the court provides a public defender. Every detainee must be questioned by the investigating judge immediately or at the latest within 48 hours of receipt of the application for detention pending trial.
57. In 2011, another revision of the Code of Criminal Procedure further improved the legal standing of the accused and the suspect, i.e. already during an ongoing preliminary investigation. New rules now govern the right to inspect documents, the right to translation help, the right to request production of evidence, the right to free choice of defense lawyer with the opportunity to consult at all times and the right to legal aid, the right to consult a defense lawyer during questioning, and rights to participate and be present.
58. A second focus of this reform was to strengthen the rights of victims in criminal proceedings. Victims of criminal offenses must now be informed of their rights and, upon application, of the release of accused persons from detention and the progress made in the proceedings. Victims of physical, psychological or sexual violence who are especially emotionally burdened by the criminal offense may request special rights to sensitive treatment. Pursuant to a declaration, victims of criminal offenses may also participate as private parties in the criminal proceedings with their own procedural rights. The amendments entered into force on 1 October 2012. The general basis for assistance to victims of criminal offenses continues to be provided by the Victims Assistance Act of 2007.
D. Right to seek asylum
59. On 1 June 2012, the new Asylum Act entered into force in Liechtenstein, replacing the Refugee Act of 1998. The revision became necessary in light of practical experiences and changes at the international level. Of special importance in this regard is Liechtenstein's accession to the Dublin Agreement on 19 December 2011. The Act continues to be based on the principles of the Geneva Refugee Convention and maintains Liechtenstein's humanitarian tradition. The principle of non-refoulement is expressed even more clearly in the new Asylum Act. The law also introduces protection in cases of non-State persecution and the possibility of settling refugees recognized by UNHCR in Liechtenstein. The Asylum Act is designed to guarantee fast and fair proceedings and to ensure that persons in need receive the protection to which they are entitled. The rights of asylum-seekers are further strengthened by the Government's obligation, set out expressly in the new law, to guarantee the access of asylum-seekers to legal counseling and to bear the costs of health insurance if the persons concerned are unable to do so themselves. Like the old Refugee Act, the new Asylum Act provides that asylum-seekers should work where possible for the duration of the proceedings and thus be able to pay for their own cost of living. Minor
children of asylum-seekers and unaccompanied minors are required to attend school for the duration of compulsory schooling and are enrolled in schools as quickly as possible.
60. The number of asylum-seekers in Liechtenstein has fluctuated considerably in recent years. While the numbers declined steadily from 2003 to 2008, they climbed to 294 applications in 2009, the highest since the turn of the century. With about 8.2 asylum- seekers per 1,000 inhabitants, Liechtenstein also reached the highest ratio of asylum- seekers per capita of all industrialized countries in 2009. Since then, the number of applications has declined again (2010: 113, 2011: 75, January-August 2012: 40).
61. In most of the 522 asylum applications submitted between the beginning of 2009 and August 2012, the applicants were unable to state grounds for asylum in accordance with Liechtenstein law and the criteria of the Geneva Refugee Convention, or a different European country turned out to be responsible for the proceedings. In the same time period, 20 persons were recognized as refugees in Liechtenstein. Since 1998, when the replaced Refugee Act entered into force, there had been a total of 46. Additionally, nearly 200 persons over the past 15 years were given the opportunity to live in Liechtenstein following asylum proceedings within the framework of humanitarian admission or family reunification.
E. Right to freedom of thought, conscience and religion
62. The freedom of expression and the right of association and assembly are guaranteed by the Constitution. The Constitution also guarantees freedom of religion and conscience and safeguards civil and political rights irrespective of religious affiliation. The Criminal Code prohibits all forms of discrimination based on religious affiliation.
Recommendations no. 65/14, 65/15, 65/16, 65/19: Promote ethnic and religious tolerance, including through education measures; strategy for the integration of persons of a different ethnic or religious origin; more consideration of minority groups including the Muslim community.
63. A reorganization of the relationship between the State and the religious communities is currently under preparation. Central points of the reorganization are an abolition of the current reference to a "National Church" in the Constitution, the creation of a Religious Communities Act, and the preparation of contractual agreements with the religious communities recognized by the State. At the legal level, goals include providing uniform rules governing the state recognition of religious communities, the granting of rights (religious instruction, pastoral care, etc.) and the financing of religious communities.
Bilateral issues between the State and the religious community in question are to be settled at the contractual level. For instance, the currently close links with the Catholic Church in terms of property law are to be reorganized. The planned reorganization will create a uniform legal basis for the relationship between the State and the religious communities, leading to equal treatment of all religious communities.
64. This takes account of the fact that the Liechtenstein population has become increasingly pluralistic over the past decades. While Catholics still made up more than 95%
of the population in the 1930s and 1940s (and still about 90% in 1970), the share of the population affiliated with the Roman Catholic Church has steadily declined since then.
According to the most recent census from the year 2010, the share of inhabitants affiliated with the Roman Catholic Church has fallen to 76%, the second-largest group consists of members of the Evangelic-Reformed Church at 6.5%, and Muslims are the third-largest group at 5.4%. 5.3% of the resident population state that they have no religious affiliation.
To find constructive solutions for the specific concerns of the Muslim community, the
Government appointed a working group in 2004, which is composed of equal numbers of representatives of the Administration and of representatives of the Muslim community.
65. Special attention is paid in schools to promoting tolerance of religions and worldviews. Tolerance education is especially important in the subjects "Social Education"
and "Religion and Culture". The latter is conceived so that pupils of all religions and religious communities can participate. It is interdenominational and covers all major world religions.
F. Participation in political life
66. The Principality of Liechtenstein is a constitutional hereditary monarchy on a democratic and parliamentary basis. The Liechtenstein system of State is dualistic, in the sense that it is shaped by the collaborative action of the two sovereigns, Prince and People.
67. All citizens living in Liechtenstein have the right to vote and be elected as from their 18th birthday. The Liechtenstein Parliament consists of 25 representatives who are elected every four years in general, direct and secret elections in accordance with the system of proportional representation. The Parliament elects the Government and proposes it to the Reigning Prince for appointment. The Government consists of five members and is the supreme executive authority. Every four years, the citizens of each municipality also elect a Municipal Council headed by a Mayor. The municipal authorities autonomously take care of their business and manage the municipal assets.
68. This system is supplemented by far-reaching direct-democratic rights. 1,000 eligible voters or three municipalities may submit a legislative initiative. 1,500 signatures or the resolutions of four municipalities are necessary for an initiative to change the Constitution.
The same minimum numbers as for the submission of initiatives also apply to referenda against legislative or constitutional resolutions of Parliament. Citizens may also avail themselves of referenda against the decisions of municipal authorities.
69. Participation of the foreign population in political discourse is an important factor for the social integration of its members. This circumstance is taken account of by the annual Integration Conference convened by the Government since 2011. The Integration Conference offers a useful platform for direct dialogue between representatives of the foreigners' associations and the members of the Government. Experience shows that the foreign population has recently become more active politically. An example is the catalogue of measures developed by the umbrella organization of the foreigners' associations and submitted to the Government as a follow-up to the 2012 Integration Conference.
G. Right to work
70. Liechtenstein is a modern and diversified business location employing 35,410 people as of the end of 2011. In relation to the total population of 36,400, this is a very high figure. Compared internationally, unemployment is accordingly low (May 2012: 2.5%). Of the persons working in Liechtenstein, 16,764 reside in Liechtenstein while 17,570 commute from the neighboring countries.
71. The individual right to work and the protection of workers are enshrined in article 19(1) of the Liechtenstein Constitution. Legislative provisions set out further details on these rights and protections.
72. The Law on the General Validity of Collective Bargaining Agreements, enacted in 2007 as part of the package of measures to preserve and strengthen the social partnership,
constitutes the legal basis for extending a collective bargaining agreement concluded between the social partners to the entire economic sector in question. Meanwhile there are more than 10 generally binding collective bargaining agreements governing minimum wages, working hours and other employment conditions for the purpose of counteracting any social or wage dumping.
73. Every person employed in Liechtenstein must be insured against the risk of unemployment. Apart from the financial support of unemployed persons, several measures exist to support job-seekers. One main focus in the fight against unemployment is on the further development of early intervention strategies. The programs for combating youth unemployment such as "Opportunity Liechtenstein", "Job Speed Dating", and six-month internships abroad for young job-seekers as part of the EU project MOJA have had a great impact. By 2011, youth unemployment fell continuously to the lowest level in 10 years, namely 2.7%. To address the disadvantages of older persons on the job market, organizations involved in adult education and education services launched the project
"45plus – Making use of potential for Liechtenstein". As a result, the competence center arbeitsleben.li was founded, which advises companies on generation and personnel management.
H. Right to social security and an adequate standard of living
74. Liechtenstein is a welfare State with a very high standard of living and a well- developed social net. The Liechtenstein system of social security encompasses health insurance, old-age insurance, disability insurance, survivor's insurance, accident insurance, unemployment insurance, supplementary benefits, helplessness allowances, maternity allowances, and allowances for blind persons. There is no absolute poverty in Liechtenstein. Persons unable to pay for their cost of living despite the social insurances enumerated above may claim financial social assistance as a minimum income. In part thanks to these social benefits, Liechtenstein has a low ratio of low-income households compared with other countries.
I. Right to education
75. Liechtenstein has a smoothly functioning education system that allows people to engage in lifelong learning and gives everyone in the country the best educational opportunities. There are nine years of compulsory education. Schooling is available free of charge to all children and young people regardless of their origin, religious affiliation, gender or any disability. Also free of charge is attendance of kindergarten before compulsory education begins. Individual promotion and equal opportunity are the overarching goals of the Liechtenstein education system.
76. Tolerance is a central and binding principle for instruction at all school levels. The curriculum of the compulsory schools defines as an overarching goal that pupils must be given the tools to grasp the diversity of human beings and respect otherness. As part of human rights and democracy education, pupils learn to understand the key principles and orient their conduct accordingly. The schools implement the curricular goals seriously in this regard as well as those promoting intercultural competences and ethnic and religious tolerance, for instance in the numerous thematic project weeks and elective subjects offered.
77. Girls generally exhibit higher academic achievement than boys. It continues to be the case that children with a migration background are overrepresented in the type of school with lower academic demands. However, migration background is only one factor among
many that influence the scholastic success of a child. National tests showed also for Liechtenstein that especially socio-economic status and the education background of parents have a substantial impact on educational success.
78. An important innovation in this context are the new Education Statistics to be regularly compiled and published starting in 2012. The statistics will improve the determination of typical educational careers and the influence of migration and social background.
79. Numerous support measures exist to ensure that all children have the same opportunities. Foreign-language children are offered intensive language instruction in the special subject "German as a second language", which aims to give them the ability to follow instruction in ordinary classes or kindergarten with as few language difficulties as possible. In addition, there is a wide range of offerings in special education, social- pedagogical and school-supporting measures. For disabled children and young people and for those with learning difficulties who, despite the integration measures, are unable to following ordinary instruction, a school for special education exists in Liechtenstein that is also available to children and young people from the neighboring countries.
80. In light of the increasingly prevalent insight that measures must be applied as early as possible so that differences in achievement can be compensated, the Government is increasingly implementing projects for early childhood education and parental education.
Different pilot projects at the municipal level are in the implementation phase.
81. Also at the secondary level, various reform projects are underway with the goal of ensuring more individualized promotion of young people and improvement of educational opportunities for everyone. Also in this connection, the Government adopted an overall concept for support measures in the educational field in summer 2012.
82. After completing their compulsory schooling, young people have the option of enrolling either in vocational and professional education and training or in a baccalaureate school, which prepares them for tertiary education. Vocational and professional education and training combines practical work in training companies with education in vocational schools and specialized courses, and it can be completed in combination with a vocational baccalaureate. After completion of compulsory education, the Office of Vocational Training and Career Guidance helps young people identify their path for continuing studies.
Young people who have not decided on a path two months before leaving school are assisted by employees of the Office. The same Office also conducts an annual mentoring program for interested young people in the last semester of compulsory education. A very low rate (less than 5%) of young people without a solution for continuing their studies is the gratifying result of these measures. The dual-track vocational education and training program (apprenticeships) is also an important factor for the success of the Liechtenstein economy and one of the reasons for the low rate of youth unemployment (see Chapter IV, G).
83. Liechtenstein has three universities and one university-like institution, but because of the small size of the country they do not offer the full range of subjects. Various international treaties and agreements ensure that students from Liechtenstein can enroll in universities and similar institutions in Switzerland and Austria under the same conditions as the citizens of those two neighboring countries.
84. State promotion of adult education was introduced by law in 1979 and has been under the patronage of Liechtenstein Adult Education, a foundation under public law, since 1999.
J. Right to physical and mental health
85. Every person living in Liechtenstein has compulsory health insurance and accordingly enjoys access to medical care. Compulsory health insurance is paid through a per capita premium, half of which is covered by employers in the case of employees. Low- income persons benefit from a reduced premium, young people up to the age of 16 pay no premiums, and persons under the age of 20 do not have to participate in health care expenses. To keep premiums for all insured persons low, the State additionally pays an annually determined contribution toward the costs of compulsory health insurance. Public health care is ensured both by the high density of physicians and by the Liechtenstein hospital. Contracts with hospitals and psychiatric facilities in foreign countries also exist.
The high standard of health care is seen in indicators such as the high life expectancy and the low infant and maternal mortality.
86. In accordance with the Health Act, the State takes measures to promote public health and prevent disease. Several governmental offices, specialist offices and private service providers are entrusted with this mandate. Every person living in Liechtenstein is invited by the Office of Public Health for periodic medical check-ups, which are free of charge.
Special attention is paid to children; they are invited for periodic medical check-ups nine times during their childhood. To draw the attention also of the foreign population to the importance and benefits of the check-ups for children, the invitation to these check-ups is translated into Turkish, Serbian/Croatian, and Albanian.
87. The various health campaigns organized over the past years show that prevention is taken seriously. The broadly based Government campaign "conscious living" between 2006 and 2009 sensitized the population to the three areas of nutrition/exercise, emotional health, and health promotion in businesses. Since the end of the campaign, the focus has been on individual prevention projects in these three areas. One of these projects is the "heart matters" campaign. Cardiovascular diseases are one of the leading causes of death in Liechtenstein. The project accompanies a scientific hypertension study with various events on the topic of healthy lifestyles. In October 2011, the Liechtenstein Alliance Against Depression, a further project continuing the "conscious living" campaign, was founded as part of a European initiative of 19 partner countries existing since 2004. The Alliance cooperates with various professional groups and institutions, including organizations of people with a migration background.
88. The addiction prevention campaign "YOU say how!" addressed to young people between 2006 and 2009 aimed to reduce the consumption of legal substances, i.e. alcohol, nicotine, and benzodiazepine. The campaign was evaluated in 2012 with a study surveying the consumption of addictive drugs by 15-16-year-olds. The study showed that regular consumption of both alcohol and cigarettes has fallen substantially. Only the development of the consumption of illegal drugs, which was not addressed by the campaign, is less positive. While cannabis consumption has been nearly halved since 2005, the consumption of other illegal drugs has nearly doubled for all substances. Specific measures for risk groups are under development.
K. International solidarity
Recommendation no. 65/26: Pursue actions in the area of official development aid with a view to meeting the voluntary ODA commitments.
89. Liechtenstein's understanding of itself – as a wealthy country and as a reliable partner in the international community – means that it makes its financial contribution to international solidarity. The focus is on International Humanitarian Cooperation and
