| Click here for a summary of Liechtenstein’s review at the second cycle and/or third cycle. |
3rd UPR session
Date of review: 5 December 2008
Date of report adoption: 7 January 2008
Document number: A/HRC/10/77
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SUMMARY SOGIESC issues during Liechtenstein’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
II. GENERAL FRAMEWORK
B. Legal and institutional framework
11. Institutions for the promotion and protection of human rights: In order to fulfill the responsibility of the State in regard to the promotion and protection of human rights, not only are the adequate institutional structures needed, but also a comprehensive understanding of the nature of human rights. The establishment of the inter-office Equal Opportunity Commission with its operational Office of Equal Opportunity in 2005 was an important step in this regard. The focus of the Office of Equal Opportunity’s activities is on combating discrimination and advancing de jure and de facto equal opportunity in the areas central to the protection of human rights, such as gender equality, disability, migration and integration of foreigners, social disadvantages and sexual orientation. The Equal Opportunity Commission defines strategies on questions of equal opportunity with social relevance, develops recommendations for action, observes developments, monitors implementation measures, and advises the Government. The Office of Equal Opportunity maintains documentation and makes it available to the public, advises private individuals, organizations, and companies free of charge, and serves as a contact office for victims. It is also active on behalf of awareness-raising measures, drafts opinions on legislative proposals, consultations, and ordinances, and coordinates measures within the Administration to bring about equal opportunity. By centralizing all questions relating to equal opportunity within the Commission and the Office of Equal Opportunity, the interdependencies of discrimination in different areas can be covered more effectively and multiple discrimination can be combated. Initial preparations are underway for an evaluation of the Office of Equal Opportunity with the goal of reviewing the mandate and powers of the Office and the Commission as well as their staffing needs and effectiveness. Where needed, structural or organization-specific improvements will be initiated.
IV. CHALLENGES AND PRIORITIES
B. Basic research and statistical data
56. The data situation in the field of human rights protection and non-discrimination was deemed insufficient by various treaty bodies in the context of the United Nations human rights reporting mechanisms. In 2004, a research mandate was granted to the Liechtenstein Institute to identify the data deficits with respect to discrimination on the basis of nationality, race, religion, culture, and language. In 2007, additional mandates were awarded for basic research in the areas of “Integration of the foreign population”, “The social situation of people with disabilities”, and “Homosexuals and discrimination in Liechtenstein”. With the help of these studies, weaknesses in the data situation were identified, and recommendations were made on the expansion of systematic and regular data gathering, the consolidation of existing datasets and registers, the disaggregation of data, and additional basic research. Various improvements have already been initiated. For instance, the new wage statistics published in 2008 for the first time grant in-depth insights into the wage structure of employees in Liechtenstein, providing data that can be compared internationally. However, action is still needed in several areas. For this reason, the Government has mandated a project group to initiate concrete measures for improving the data situation. Based on the European Handbook on Equality Data, this project group is currently elaborating a strategy for the systematic compilation of data in all equality areas.
Equal opportunity and non-discrimination
62. Equality and non-discrimination with respect to sexual orientation: Liechtenstein’s experience as a small State with a rural character confirms the findings of several foreign studies that gay men and lesbian women often leave their home region to settle in large cities. In 2007, a survey on the topic of homosexuality was conducted among the resident population for the first time, along with interviews of homosexuals. Overall, homosexuals continue to be confronted with many of the well-known problems, even though the general situation has improved. As a further step in the equality of homosexuals in Liechtenstein, Parliament mandated the Government in autumn 2007 to draft a law on the registered partnership of same-sex couples, eliminating legal discriminations and creating possibilities to secure relationships legally.
III. Excerpts on SOGIESC issues by UN agencies
C. Institutional and human rights infrastructure
9. In 2006 CESCR noted with appreciation the establishment of the Office of Equal Opportunities and welcomed the Office’s broad mandate to combat discrimination based on gender, religion, disability, national origin and sexual orientation. In 2007, the Committee on the Elimination of Racial Discrimination (CERD) also noted with appreciation the establishment, in 2005, of the Office and its accompanying Commission.
10. In 2006, CESCR expressed its concern that the Office of Equal Opportunities, which replaced the Office of Gender Equality, might not have sufficient means to ensure that its work will continue to have a strong gender focus, in addition to its new responsibilities in the fields of integration of foreigners, disability, age, religion and sexual orientation. It recommended that Liechtenstein take adequate measures to ensure that the work of the Office will continue to have a strong gender focus. In 2007, the Office was commended by CEDAW for the implementation of training and awareness-raising programmes on different aspects of gender equality.
IV. References to SOGIESC issues during the Working Group review
12. Responding to questions sent in advance by other countries, Liechtenstein indicated that the Equal Opportunity Commission and its operational Office of Equal Opportunity were established in 2005. The Commission defines strategies on questions of equal opportunity with social relevance, develops recommendations for action, observes developments, monitors implementation measures and advises the Government. The Office focuses its activities on combating discrimination and advancing de jure and de facto equal opportunity in areas such as gender equality, disabilities, migration and integration of foreigners, social disadvantage and sexual orientation.
25. While welcoming the positive steps taken to extend equal rights to same-sex couples, the Netherlands recommended that sexual orientation and gender identity be included in equality laws and initiatives.
34. Switzerland […] recommended that Liechtenstein introduce ex-officio prosecution for all acts of domestic violence and that it pursue its work to draft and enact a law allowing registered partnerships for same-sex couples.
36. The issue of gender equality is taken very seriously. The Office of Equal Opportunity covers all rights of women. Responding to a question raised by Switzerland, the delegation explained that there is no de jure discrimination against women in the area of inheritance, but that a case of potential de facto discrimination is currently the subject of an expert study mandated by the Ministry of Justice. The study is being undertaken while a reform to the inheritance law has been initiated, with the aim to, inter alia, improve the rights of surviving spouses. The Government is also considering ways of allowing de facto and same-sex couples to benefit from the right to inheritance.
47. Cuba noted that the national report, in particular, describes steps taken to ensure equal opportunity in key areas such as gender equality, disabilities, social inequalities and sexual orientation, as well as those measures aimed at combating all forms of discrimination. The establishment of the commission and the Office of Equal Opportunity represents an important measure in this context. Cuba recommended that Liechtenstein continue efforts to elaborate and implement policies aimed at eliminating all forms of discrimination and ensuring equality and full enjoyment of all human rights for all citizens.
59. Slovenia commended Liechtenstein for the establishment of the Equal Opportunity Commission and noted that the Parliament mandated the Government to draft a law on registered partnership of same-sex couples, and enquired on when the draft law is expected to be presented for adoption and how civil society was included in its preparation.
V. Conclusions and/or recommendations
Liechtenstein accepted the following recommendations:
10. Pursue work to draft and enact a law establishing registered partnership for samesex couples (Switzerland).
Liechtenstein noted the following recommendations:
13. Include sexual orientation and gender identity in equality laws and initiatives (Netherlands).
VI. Further information
You will find all documents relating to Liechtenstein’s first review at UPR-Info and OHCHR’s websites.