| Click here for a summary of Liechtenstein’s review at the first cycle and/or third cycle. |
15th UPR session
Date of review: 30 January 2013
Date of report adoption: 7 June 2013
Working Group report: A/HRC/23/14
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SUMMARY SOGIESC issues during Liechtenstein’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Take all necessary legislative, administration and other measures to ensure the right to found a family, including through access to adoption or assisted procreation, without discrimination on the basis of sexual orientation or gender identity.
- Consider applying the Yogyakarta Principles to assist policy making in this regard.
II. Excerpts from input reports
National report
III. Legal and institutional framework
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.
IV. Protection and promotion of human rights
A. Equality, non-discrimination and especially vulnerable groups
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.
Compilation of UN information
There were no references to sexual orientation or gender identity.
Summary of stakeholder information
There were no references to sexual orientation or gender identity.
III. References to SOGI during the Working Group review
A. Presentation by the State under review
18. The new law on the registered partnership of same-sex couples also entered into force on 1 September 2011. Registered couples are now treated virtually equally to married couples. This has made an important contribution to overcoming the discrimination and social taboos regarding homosexuality.
B. Interactive dialogue and responses by the State under review
47. Switzerland welcomed efforts by Liechtenstein to uphold the rule of law and its contribution to the International Criminal Court. It expressed appreciation that the two recommendations it had made during the first UPR cycle on adopting legislation to establish a civil partnership for same-sex couples and introducing the automatic prosecution of domestic violence had been implemented. Switzerland commended Liechtenstein for its plans to consider the legal framework for the voluntary termination of pregnancy.
77. Brazil noted steps to strengthen the legal and institutional framework to counter discrimination and racism and ensure the free movement of persons. However, it expressed concerns over gender equality and over the detention of asylum-seekers solely on grounds of illegal entry, as well as their lack of access to legal aid. It requested to know whether further actions would be taken to promote the rights of the lesbian, gay, bisexual and transgender (LGBT) people.
IV. Conclusions and/or recommendations
The following recommendations enjoyed the support of Liechtenstein:
94.37. Develop a comprehensive strategy to eliminate discriminatory gender stereotypes (Republic of Moldova);
94.38. Develop a comprehensive strategy to eliminate gender stereotypes and promote gender equality (Brazil);
94.39. Continue pursuing appropriate, efficient policies, including awareness-raising campaigns, to eliminate discriminatory gender stereotypes (Slovakia);
94.70. Take the necessary measures to raise awareness among the population against homophobia, and in general, in favour of the non-discrimination on the basis of sexual orientation, undertaking global public awareness campaigns (Spain).
V. Adoption of the Report
The draft report of the Working Group is due to be adopted at the 23rd session of the Human Rights Council in June 2013
Response of the State under review
Regarding recommendation 94.70, Liechtenstein noted that the vote on the Domestic Partnership Act for same-sex couples in June 2011 showed that the large majority of voters were sensitized to the problems and concerns of homosexual persons. 68.8% voted in favour of the law. Nevertheless, the Liechtenstein Government was aware that raising awareness on this subject was a long-term task.
Regarding anti-discrimination legislation, Liechtenstein noted that the Constitutional Court had already recognised equality before the law for all. While protection from discrimination on the basis of personal characteristics was not defined in comprehensive anti-discrimination legislation, such protection was provided on the basis on specific provisions in specialised legislation. For instance, in law labour, protection of the personality should be interpreted broadly to cover gender, race, nationality, sexual orientation etc.
VI. Further information
UPR Documentation
National report: A | C | E | F | R | S
Compilation of UN information: A | C | E | F | R | S
Summary of stakeholders’ information: A | C | E | F | R | S
Questions submitted in advance: E
Addendum 1 : E
Addendum 2 : E
Addendum 3 : E
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Addendum 1: A | E | F | R | S