2018 Country Reports on Human Rights Practices: Liechtenstein

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

According to bilateral treaties with Austria and Switzerland, as of January 1, the country’s authorities accommodated Liechtensteiner prisoners in Austria and housed prisoners undergoing release procedures in detention centers in Switzerland. The new agreements are the result of a 2017 government report which concluded that the country’s only prison failed to comply with international standards.

Individuals undergoing pretrial detention or awaiting deportation continued to be housed in the country’s only prison, which had a 20-bed capacity. Since the facility served as a short-term prison, authorities asserted they could not always separate different categories of detainees. Female detainees had their own section with a total of four beds. Due to lack of space and the generally very low number of juvenile detainees, authorities usually accommodated juveniles in the women’s ward.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police maintain internal security and report to the Department of Civil Defense. The country does not have an army. Civilian authorities maintained effective control over the regular and auxiliary national police, and the government had effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police arrest a suspect based on an arrest warrant issued by the national court. According to the criminal procedure code, every detainee must be informed of the reasons for the detention at the time of detention or immediately thereafter. Within 48 hours of arrest, police must bring suspects before an examining magistrate, who must either file formal charges or order the suspect’s release. Authorities respected this right. The law permits the release of suspects on personal recognizance or bail unless the examining magistrate has reason to believe the suspect represents a danger to society or will not appear for trial. Alternatives to bail include supervision by a probation officer and restrictions on movement. The law grants suspects the right to a lawyer of their own choosing during pretrial detention, and the government provided lawyers at its own expense to indigent persons. Authorities also must advise detainees of their right to contact legal counsel and a relative. During investigative detention authorities may monitor visits to prevent tampering with evidence. The Committee for the Prevention of Torture expressed concern that police can question juveniles and request them to sign statements in the absence of a lawyer or trusted person, and that inmates, including juveniles, could be held in solitary confinement for disciplinary reasons for up to four weeks. The committee also criticized authorities’ ability to surveil conversations between detainees and their lawyers, and called on the government to re-establish a register at the police station for recording information related to a person’s incarceration.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants enjoy the presumption of innocence and the right to be informed promptly and in detail of charges. Trials were conducted in a fair and timely manner. While most trials were public, some were closed proceedings. Defendants have the right to be present at their trial.

Defendants are allotted adequate time and facilities to prepare a defense. Defendants have access to free interpretation as necessary from the moment they are charged through all appeals. Defendants may challenge witnesses and evidence and present witnesses and evidence on their own behalf. Defendants have the right not to testify or confess guilt. Convicted persons have the right to appeal, ultimately to the Supreme Court.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals and organizations may seek civil remedies for human rights violations through domestic courts. Individuals and organizations may appeal cases involving alleged violations of the European Convention on Human Rights to the European Court of Human Rights.

PROPERTY RESTITUTION

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution and law prohibit such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law prohibits public insults, including via electronic means, directed against a race, people, or ethnic group, with a possible prison sentence of up to two years for violations. Authorities did not file any charges for public insults through October.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to data from the International Telecommunication Union, almost all of the country’s residents used the internet as of 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status. The government has established a system for providing protection to refugees, but persons entering the country from another safe country are not eligible for asylum. The law allows asylum seekers under deportation orders to be granted an appeal hearing if requested within five days after the decision. The law permits persons from safe countries of origin who are ruled to be ineligible to be processed for denial of asylum within a maximum of seven days.

The nongovernmental organization (NGO) Liechtenstein Refugee Aid reported that asylum seekers’ access to appropriate legal representation was inadequate, as asylum proceedings were only partially covered by legal aid. According to the NGO, the government provided legal assistance largely to asylum seekers whose applications were likely to be approved.

In some cases authorities detained unsuccessful applicants for asylum pending their deportation. Conditions of detention were generally satisfactory.

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

As a hereditary monarchy, the country’s line of succession is restricted to male descendants of the Liechtenstein dynasty.

Elections and Political Participation

Recent Elections: In February 2017, the country held parliamentary elections. There were no reports of irregularities.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and they did participate.

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. Bribery in the private sector is also a criminal offense. There were no reports of government corruption during the year.

Financial Disclosure: Public officials are not subject to comprehensive financial disclosure laws.

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

The Liechtenstein Human Rights Association (LHRA) operated as an independent entity, and the government supported it with 350,000 Swiss francs ($350,000) annually. The LHRA advises authorities and individuals on human rights abuses, supports victims of human rights violations, informs the public on the country’s human rights situation, carries out human rights investigations, recommends appropriate human rights measures to authorities and individuals, and promotes dialogue as well as national and international cooperation on human rights.

Women

Rape and Domestic Violence: Rape, including spousal rape, is a criminal offense. Penalties for rape and sexual violence vary between one 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 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 site. According to the law, however, victims who migrated to Liechtenstein and who have been married to a citizen for less than five years are required to prove their victim status or sufficient integration into Liechtenstein society in order not to lose their marriage-based residence permits. The European Commission against Racism and Intolerance (ECRI) noted that the country’s only women’s shelter, Frauenhaus, was not allowed to accept undocumented women fleeing domestic violence.

There were reports of violence against women, including spousal abuse. In 2017 Frauenhaus assisted 27 women and 36 children. The shelter observed a decrease in restraining orders issued by authorities and stated their care for victims had become more complex and time-intensive due to victims suffering increased psychological trauma.

On June 8, a man physically beat his wife unconscious after the couple, with their seven-month-old child, returned from visiting friends. The case received widespread media attention. Police arrested the husband and placed him in pretrial detention, where he remained awaiting trial as of October. The Department for Social Services took the child into protective custody.

The Department for Equal Opportunity within the Department for Social Services collaborated with various NGOs, including Frauenhaus and Infra, a women’s information and counseling organization, on a media campaign to publish regular articles in the Sunday newspaper Liewo in order to raise awareness of the issue of domestic violence.

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”–pressure, harassment, or blackmail tactics–in the workplace to be a crime. In 2017 the national police recorded eight cases of sexual harassment, and Infra assisted in four cases of sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

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 according to the LHRA and the Women’s Network (an umbrella organization of women’s NGOs), which stated that a lack of human and financial resources within the Department for Equal Opportunity prevented it from effectively enforcing the law.

Children

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. Children are registered at birth.

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. In 2017 the national police recorded five cases of child sexual exploitation. The law sets the minimum age for consensual sex at 14; penalties for statutory rape are between one and 10 years’ imprisonment.

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.html.

Anti-Semitism

The Jewish community consisted of approximately 30 individuals. There were no reports of anti-Semitic acts.

Trafficking in Persons

There were no confirmed reports during the year that Liechtenstein was a source, destination, or transit country for victims of human trafficking.

Persons with Disabilities

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. 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. The UN Human Rights Committee cited a lack of appropriate infrastructure and regulations for limiting disabled persons’ access 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 special school established by the country’s remedial center. According to the Liechtenstein Association for Disabled Persons, however, only a third of all public kindergartens and schools were barrier-free, and there was a shortage of barrier-free, affordable housing for families with children with disabilities.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law defines discrimination based on gender and sexual orientation as a criminal offense. It also prohibits incitement to hate and bias-motivated crimes based on an individual’s gender and sexual orientation.

The country’s lesbian, gay, bisexual, transgender, and intersex (LGBTI) community issued no formal complaints of abuse or discrimination. According to ECRI, LGBTI students still experienced intolerance at schools, with many LGBTI students only deciding to come out after completing their schooling. LGBTI persons also experienced discrimination in housing and employment.

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the rights of all workers, including foreigners, domestic workers, agricultural workers, and public-sector employees, to form and join independent unions of their choice and to bargain collectively. The law is silent on the right to strike, including for public servants and essential services. The law neither prohibits antiunion discrimination nor requires reinstatement of workers fired for union activity.

The government adequately enforced applicable laws. Penalties in the form of fines were adequate to deter violations. The resources, inspections, and remediation were also adequate and sufficient to deter violations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties for violations include prison sentences of up to 10 years. The resources, inspections, and remediation, including penalties for violations, were adequate and sufficient to deter violations, and there were no reports that forced labor occurred.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor and sets the minimum age for employment at 16, with exceptions for limited employment of children 14 years old. Children between the ages of 14 and 16 may engage in certain categories of light work, including running errands, housework, and babysitting, for no more than eight hours per week during the school year and 35 hours per week during school vacations. Children aged 15 years and younger may be employed for the purposes of cultural, artistic, sport, and advertising events. Working hours for youths between the ages of 15 and 18 who have completed compulsory education are not to exceed 40 hours a week. The labor law prohibits children younger than 17 from working overtime and prohibits children younger than 18 from engaging in night work and Sunday shifts. The labor law stipulates that an employer must consider the health of minors and provide them a proper moral environment within the workplace; the law also stipulates that employers may not overexert minors and that employers must protect the child from “bad influences” within the workplace.

The Office for Worker Safety of the Department of National Economy effectively enforced child labor laws and devoted adequate resources and oversight to child labor policies. Legal penalties, which take the form of fines or prison sentences of up to six months, were sufficient to deter violations. There were no reports of illegal child labor.

d. Discrimination with Respect to Employment and Occupation

The law prohibits employment discrimination based on gender, disability, race, nationality, age, and sexual orientation, among other characteristics. The LHRA and NGOs stated that the government’s enforcement of the law was not entirely effective.

Violations may result in the award of compensation to a prospective or dismissed employee equal to at least three months’ salary. Penalties were not sufficient to deter violations, according to the LHRA and Infra. Women, particularly migrant and Muslim women wearing headscarves, persons with disabilities, and LGBTI individuals experienced discrimination in the labor market.

While the law explicitly requires equal pay for equal work, women still experienced discrimination in the workplace. According to Infra, a marked difference between men and women persisted in professional promotions; women were severely underrepresented in top-level management positions in private industry and the national administration.

e. Acceptable Conditions of Work

The law does not provide for a national minimum wage. The Liechtenstein Workers Association negotiates voluntary collective bargaining agreements annually with the Chamber of Commerce and the Chamber for Economic Affairs on a sector-by-sector basis. Collective bargaining agreements were effectively enforced. Penalties were sufficient to deter violations.

The law sets the maximum workweek at 45 hours for white-collar workers, employees of industrial firms, and sales personnel; and 48 hours for other workers. Some exceptions to overtime limits were authorized in the areas of nursing and medical treatment. The law provides for a standard workweek, including overtime, which may not exceed an average of 48 hours a week over a period of four consecutive months.

The law sets occupational safety and health standards, which were appropriate for the main industries in the country. The labor standards also cover the thousands of workers who commuted daily from neighboring countries. There are additional safeguards for youths, pregnant and breastfeeding women, and employees with family duties. Responsibility for identifying unsafe situations remains with occupational safety and health experts and not with workers.

The Office of Labor Inspection, a part of the Department of National Economy, is responsible for enforcing labor laws. The agency’s three inspectors were sufficient to enforce compliance with the law: one inspector for examining workplace conditions, such as wages and occupational health and safety, and two inspectors for controlling construction sites or work permits. Penalties took the form of fines and prison sentences between three and six months and were sufficient to deter violations.