Liechtenstein
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape, including spousal rape, is a criminal offense. Penalties for rape and sexual violence vary between six months’ and 15 years’ imprisonment, depending on the degree of violence and humiliation of the victim, and between 10 years’ and lifetime imprisonment if the victim is killed. The penalties are the same for rapes of women and men. The government effectively prosecuted individuals accused of such crimes.
The law prohibits all forms of domestic violence and provides for restraining orders against violent family members. Police may prohibit an abuser from returning to the victim’s home where the violence was committed. Penalties for domestic violence range from monetary fines to lifetime imprisonment if the victim is killed. According to the law, victims who migrated to the country and who have been married to a citizen for less than five years are required to prove their victim status or sufficient integration into the country’s society to avoid losing their marriage-based residence permits. The government enforced the law effectively.
There were reports of violence against women, including spousal abuse. Police reported 32 cases of domestic violence in 2019.
Witnesses’ willingness to testify in abuse cases sometimes limited efforts to prosecute cases. In July the court acquitted a 28-year-old who in April allegedly hit and kicked his wife several times, including allegedly throwing a drawer at her. Since the wife, being the only witness, did not testify, the court acquitted the defendant for lack of evidence.
In April the Equal Opportunities Department of the Social Services Office sent out emergency cards labeled “violence has no home” in eight different languages that included updated contact addresses and guidelines for addressing domestic violence.
In 2019 the country’s only women’s shelter, Frauenhaus, assisted 13 women.
Sexual Harassment: Sexual harassment is illegal and punishable by up to six months in prison or a fine, and the government effectively enforced these prohibitions. Stalking is a criminal offense. The government also considers “mobbing,” including pressure, harassment, or blackmail tactics in the workplace, to be a crime. In 2019 the national police recorded three cases of sexual harassment, and the women’s resource and counseling NGO Infra assisted in 21 cases of sexual harassment.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children and had access to the information and means to do so, free from discrimination, coercion, or violence. Sex education at schools was obligatory; contraceptive methods were first taught when students were approximately 11 years old. The government provided access to sexual and reproductive health services for survivors of sexual violence.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Women enjoy the same legal rights as men. The government’s enforcement of the labor contract law and equal opportunity law was not entirely effective. The LHRA and the NGO umbrella organization Women’s Network stated that a lack of human and financial resources as well as inadequate strategies and competencies prevented the Department for Equal Opportunity from effectively enforcing the law. According to the LHRA, long-term strategies and policies for equal opportunities were lacking and no central coordination office for integration existed. The Women’s Network asserted that the government increasingly relinquished its responsibilities regarding equal opportunity policies to NGOs.
Birth Registration: Citizenship is derived at birth from a child’s parents. Either parent may convey citizenship. A child born in the country to stateless parents may acquire citizenship after five years of residence. All children are registered at birth.
Child Abuse: The law protects children against sexual exploitation and sexual abuse, including inside the family. The law stipulates a reporting obligation for the Office of Social Services if it learns of or suspects sexual abuse of children and adolescents. There is an Ombuds Office for Children and Young People. There is also a Victim’s Assistance Office, specializing in assistance and support for individuals who have been affected directly in their physical, psychological, or sexual integrity, including children. An interdisciplinary Expert Group against the Sexual Abuse of Children and Young People facilitates the protection of children against sexual exploitation and sexual abuse. In 2019 the country’s only women’s shelter, Frauenhaus, assisted 16 children.
Child, Early, and Forced Marriage: The legal minimum age of marriage for both girls and boys is 18 years.
Sexual Exploitation of Children: The law prohibits the prostitution of minors. Penalties for the sexual exploitation of minors range from one to 10 years’ imprisonment. Possession or distribution of child pornography is a criminal offense, with penalties including up to three years in prison. Authorities effectively enforced these prohibitions. In 2019 the national police recorded four cases of child sexual abuse of minors. The law sets the minimum age for consensual sex at 14.
In September 2019 the country released its first-ever report on the sale of children, child prostitution, and child pornography. This report aims to set out the legal, administrative, and other measures taken by the government at a national level to address these problems.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The Jewish community consisted of approximately 20 individuals. There were no reports of anti-Semitic acts.
There were no confirmed reports during the year that Liechtenstein was a source, destination, or transit country for victims of human trafficking.
The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities.
The government’s implementation of laws and programs to ensure that persons with disabilities readily had access to employment, buildings, information, health services, the judicial system, and communications was not entirely effective. According to the research institute the Liechtenstein Institute and the Liechtenstein Association for Persons with Disabilities, persons with disabilities were not sufficiently integrated into the labor market and education systems.
In 2018 the UN Human Rights Committee cited a lack of appropriate infrastructure and regulations for enabling access by persons with disabilities to the labor market. The law mandates that public kindergartens and schools as well as public transportation systems must be accessible to persons with disabilities. Children with disabilities were able to attend public schools or a segregated school established by the country’s remedial center. According to the Liechtenstein Association for Persons with Disabilities, few children with disabilities attended public schools. The association also noted only one-third of all public kindergartens and schools were barrier free and that there was a shortage of barrier-free, affordable housing for families with children with disabilities.
The law requires public buildings constructed before 2002 to be barrier free by 2019 and public buildings constructed between 2002 and 2007 to be barrier free by 2027. There were no reports that the barrier-free requirement was not implemented or of any public buildings that were not barrier free. According to the Liechtenstein Association for Persons with Disabilities, during the year the barrier-free project was expanded. The government collaborated with the Swiss organization Pro Infirmis to update and expand the existing database and to make the information available via an “app.” Information is also expected to be available on other platforms, such as the country’s tourist information website.
The law defines discrimination based on gender and sexual orientation as a criminal offense. It also prohibits debasement, slander, and incitement to hate based on an individual’s gender and sexual orientation. The law further prohibits the refusal of general services based on an individual’s gender and sexual orientation. The government enforced the law.
The country’s lesbian, gay, bisexual, transgender, and intersex (LGBTI) community issued no formal complaints of abuse or discrimination, including against persons with HIV/AIDS. The LHRA noted, however, that there is no legal basis for a change of civil status, such as gender reassignment or changed gender identify. It stated there is also no possibility of indicating a third sex on official documents.
Vanuatu
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Women
Rape and Domestic Violence: Rape–regardless of the victim’s gender–is a crime with a maximum penalty of life imprisonment. The law does not specifically criminalize spousal rape, but it can be prosecuted under related statutes that cover assault and domestic violence. The law criminalizes domestic violence and seeks to protect the rights of women and children. Violators could face maximum prison terms of five years, a fine, or both. The law also calls for police to issue protection orders for as long as there is a threat of violence.
Police were frequently reluctant to intervene in what they considered domestic matters. There is, however, a “no drop,” evidence-based policy under which police are not supposed to drop reported domestic-violence cases. The Police Academy and the New Zealand government provided training for police in responding to domestic-violence and sexual-assault cases.
Violence against women, particularly domestic violence, was common. According to the most recent survey data available, 60 percent of women in a relationship experienced physical or sexual violence by a partner. According to a 2017 report from Correctional Services, more than 60 percent of prison inmates were charged with sex-related offenses. Most cases, including rape, were not reported to authorities because women, particularly in rural areas, were ignorant of their rights or feared further abuse.
In November the Vanuatu Women’s Center reported that the number of domestic-violence cases surged after the March border closure imposed by COVID-19 travel restrictions, with triple the average number of reports for previous years, adding that there was also much violence between families and their landlords. The center provides telephone counseling, face-to-face counseling, and free legal services to ensure the safety of women and children, with support from the Australian government.
In November, Prime Minister Loughman launched a countrywide government information program to address domestic violence. Also in November the Vanuatu Women’s Center introduced a national toll-free help-line number for free counselling, referral, and support services to women and children survivors of domestic violence. The toll-free line can be accessed on the country’s two network providers.
The Department of Women’s Affairs played a role in implementing family protection. Nongovernmental organizations (NGOs) like the Vanuatu Women’s Center played an important role in educating the public about domestic violence and helping women access the formal justice system, but they lacked sufficient funding to implement their programs fully.
Other Harmful Traditional Practices: Customary bride-price payments continued and contributed to the perception of male ownership of women.
Sexual Harassment: The law does not prohibit sexual harassment, and it was a problem. Sexual harassment was widespread in the workplace.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and to have access to the information and means to do so, free from discrimination, coercion, or violence. Only a small proportion of women cited a lack of knowledge of contraceptive methods, a lack of access, or cost as the main reason they did not use family planning and contraceptive methods. The government made it a priority under the law to promote gender equality and reduce gender-based violence. The government provided access to sexual and reproductive health services for survivors of sexual violence through provincial hospitals, health centers, dispensaries, and mobile reproductive health outreach clinics.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides women the same personal and religious rights as men. Laws regarding marriage, criminal procedures, and employment further enshrine women’s rights as equal to those of men.
Although the law does not prohibit women from owning or inheriting property or land, tradition generally bars women from land ownership or property inheritance.
Women were slowly emerging from a traditional culture characterized by male dominance, but women continued to experience discrimination in access to employment, credit, and pay equity for substantially similar work. The Department of Women’s Affairs worked with regional and international organizations to increase women’s access to the formal justice system and educate women about their rights under the law, holding multiple open workshops throughout the year that coincided with public holidays to encourage participation at the local community level.
Birth Registration: Children born in country to one citizen parent, through either birth or naturalization, are entitled to citizenship. Parents usually registered the birth of a child immediately, unless the birth took place in a very remote village or island. Failure to register does not result in denial of public services.
Education: The government stressed the importance of children’s rights and welfare, but significant problems existed with access to education. Although the government stated its commitment to free and universal education, school fees and difficult geography were barriers to school attendance for some children.
School attendance is not compulsory. In general boys received more education than girls. Although attendance rates were similar in early primary grades, proportionately fewer girls advanced to higher grades. An estimated 50 percent of the population was functionally illiterate.
Child Abuse: The country does not have a legal definition of child abuse, but the law addresses sexual abuse of children and states that parents must protect children from violence within the family setting. The national child protection policy recognizes the government’s responsibility to protect all children from violence, abuse, exploitation, and neglect and includes the need to introduce a child protection bill.
NGOs and law-enforcement agencies reported increased complaints of child abuse, incest, and rape of children in recent years. A 2017 UNICEF report stated that eight of 10 children from ages two to four experienced violent discipline at home. It also stated that one in three children experienced severe physical punishment at home and that sexual abuse before the age of 15 affected three of 10 children. The government did little to combat the problem.
In August a former school principal was sentenced to 13 years in prison for sexually abusing three underage children who attended his school. In June a man was sentenced to almost four years in prison for raping an underage girl in April 2019.
Child, Early, and Forced Marriage: The legal age for marriage is 21 years, although boys as young as 18 and girls as young as 16 may marry with parental permission. In rural areas and outer islands, some children married at younger ages. In 2018 UNICEF reported that approximately 21 percent of children married before age 18.
Sexual Exploitation of Children: The law addresses statutory rape, providing a maximum penalty of five years’ imprisonment if the child is older than 13 but younger than 15, or 14 years’ imprisonment if the child is younger than 13. The law also prohibits commercial sexual exploitation of children, the sale of children, and the offering or procuring of a child for the purpose of prostitution or pornography. There were no criminal cases dealing with pornography or child sexual exploitation during the year.
The maximum penalty for publishing child pornography is five years’ imprisonment, and for possession it is two years’ imprisonment.
Under the law the age of consensual sex is 16 regardless of sex or sexual orientation. Some children younger than 18 engaged in prostitution.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The country’s Jewish community consisted of a few foreign nationals, and there were no reports of anti-Semitic acts.
In 2018, four Bangladeshi nationals were arrested for trafficking 101 Bangladeshi nationals in Vanuatu. At their hearing, all four pleaded not guilty. The trial in the Supreme Court began in November 2019. At year’s end, the case was pending judgment and possible sentencing. Of the 101 victims, 26 remained in country as potential witnesses and 16 provided testimony against their alleged traffickers. The government withdrew its limited financial support for the remaining victims during the year. A small number of the remaining victims were reportedly attempting to return to Bangladesh but faced difficulty finding options due to the COVID-19 pandemic. At least one victim made a claim for asylum through UNHCR.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
No law specifically prohibits discrimination against persons with disabilities. Although the building code mandates access for persons with disabilities to existing and new facilities, they could not access most buildings.
The government did not effectively implement national policy designed to protect the rights of persons with disabilities. Access to services through the Ministry of Health’s mental-health policy was very limited. Schools were generally not accessible to children with disabilities.
The government generally relied upon the traditional extended family and NGOs to provide services and support to persons with disabilities. The high rate of unemployment in the general population, combined with social stigma attached to disabilities, meant few jobs were available to persons with disabilities.
No laws criminalize sexual orientation or consensual same-sex sexual conduct, but there were reports of discrimination and violence against lesbian, gay, bisexual, transgender, or intersex (LGBTI) persons. LGBTI activist group V-Pride Foundation reported the perception within the LGBTI community that police would tolerate violence and discrimination against LGBTI persons; therefore, harassment, discrimination, and criminal acts go unreported. LGBTI groups operated freely, but there are no antidiscrimination laws to protect them.
Traditional beliefs in sorcery fueled violence against persons marginalized in their communities, although there were no documented cases during the year. Women were often targets of opportunity.