| Click here for a summary of Liechtenstein’s review at the first cycle and/or the second cycle. |
29th UPR session
Date of review: 4 January 2018
Date of report adoption: 29 June 2018
Document number: A/HRC/38/16
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SUMMARY SOGIESC issues during Liechtenstein’s 3rd UPR review |
I. SOGIESC issues/recommendations identified by NGOs and other stakeholders
No references.
II. Excerpts on SOGIESC issues from the national report
Principle of equality and non-discrimination (Recommendations 32–35)
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.
Sexual orientation (Recommendation 70)
73. With entry into force of the Law on Registered Partnerships of Same-Sex Couples (Registered Partnership Act, Part G, LGBl. 2011 No. 350) in 2011, an important contribution was made to overcoming discrimination and social taboos regarding homosexuality. Since then, same-sex couples in Liechtenstein have been able to have their partnerships registered. Registration forms the legal basis for a life partnership with reciprocal rights and duties. Registered couples are largely deemed equivalent to married couples. Adoption of children and the use of reproductive medical procedures are not permissible for persons living in a registered partnership, however.
74. In September 2016, Parliament adopted a reform of the law governing the names of registered partners. With the change to the law, the law governing the names of registered partners was placed on an equal footing with the law governing the names of married couples. Registered partners now have the option of either retaining their own surname – as before – or of declaring to the Civil Registry Office when registering the partnership which of their surnames they wish to use as a shared name. In the latter case, the partner whose name is not used as the shared name may, by declaration to the Civil Registry Office, add their previous surname before or after the shared name, thus creating a double surname. The reform entered into force on 1 January 2017.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
13. UNESCO noted that the Act on Children and Youth (2009) protected children and young persons from discrimination based on sexism, racism, political radicalization or violence.
14. UNESCO also noted that, during the previous review cycle, it had been recommended that Liechtenstein take additional steps regarding gender equality and diversity programmes in order to promote ethnic and religious tolerance in education and combat gender-based violence, including through educational measures. It noted that no specific action had been taken in those areas, and encouraged Liechtenstein to adopt measures to promote gender equality, diversity and non-discrimination in education.
Right to education
33. UNESCO noted that very little reference could be found regarding the legal coverage of the right to education within the national legal framework, and that neither the Constitution nor the School Act explicitly recognized the right to education. It recommended that Liechtenstein enshrine the right to education in its national legal framework, in the Constitution and School Act. It recalled that it had been recommended in the last review cycle that Liechtenstein take additional steps regarding gender equality and diversity programmes, to promote ethnic and religious tolerance in education and to combat gender-based violence, including through educational measures. However, to the knowledge of UNESCO, no specific action had been taken in those areas by Liechtenstein, which it observed could be further encouraged to adopt measures to promote gender equality, diversity and non-discrimination in education.
Migrants, refugees, asylum seekers and internally displaced persons
44. The Committee on the Elimination of Discrimination against Women recommended that Liechtenstein apply a standard procedure to identify victims of sexual or gender-based violence when considering the admissibility of asylum applications on formal grounds or the return of applicants, and ensure that international protection needs were determined comprehensively, including by recognizing refugee claims on the basis of sexual or gender based violence and by taking into account the factual situation of asylum-seeking women and girls in their countries of origin.
48. The Committee against Torture was concerned that victims of sexual or other forms of gender-based violence could, in practice, be overlooked during the refugee status determination procedures. It recommended that Liechtenstein ensure that a gender-sensitive approach was applied during the refugee status determination procedure that enabled victims of sexual or gender-based violence to be identified.
IV. References to SOGIESC issues during the Working Group review
45. Brazil invited Liechtenstein to consider becoming a party to the Convention on the Civil Aspects of International Child Abduction. In addition, it commended Liechtenstein for its comprehensive anti-discrimination legislation and related initiatives, especially with regard to the promotion of vulnerable groups, such as lesbian, gay, bisexual, transgender and intersex persons.
54. In 2011, under the guidance of the head of delegation in her ministerial role, Liechtenstein had introduced the Law on Registered Partnerships of Same-Sex Couples and was working to further strengthen equality in that area. In 2017, Liechtenstein had introduced a reform of the law governing the names of registered partners.
69. In 2016, an amendment to article 283 the Criminal Code had entered into force, introducing a comprehensive prohibition on discrimination, including all types of hate speech. While previously only racial discrimination had constituted a criminal offence, public incitement to hatred or discrimination on the grounds of language, nationality, ethnicity, religion, ideology, gender, disability, age, or sexual orientation had been made a criminal offence, punishable by up to two years’ imprisonment.
72. Ecuador welcomed the 2016 amendment of article 283 of the Criminal Code, incorporating a broad definition of discrimination that included language, nationality, ethnic origin, ideology, disability, age and sexual orientation. Ecuador also welcomed the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
79. Iceland commended Liechtenstein on progress regarding the rights of lesbian, gay, bisexual, transgender and intersex persons. It welcomed projects aimed at raising awareness of the gender pay gap and at empowering and encouraging women to participate in political processes and public debate. It hailed the leadership role adopted by Liechtenstein in promoting accountability in the Syrian Arab Republic via the drafting of General Assembly resolution 71/248.
V. Conclusions and/or recommendations
Liechtenstein accepted the following recommendation:
108.43 Continue its efforts to combat instances of discrimination against lesbian, gay, bisexual, transgender and intersex persons, and to improve social inclusion (Australia);
VI. Further information
You will find all documents relating to Liechtenstein’s third review at UPR-Info and OHCHR’s websites.