Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Nicole Mathé
• Pages: 36-39

36

11Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1General (legal) context

11.1.1Surveys and reports about the particular difficulties related to obtaining legal

redress

In Liechtenstein no reports have been published that provide insights into particular

difficulties that victims of gender discrimination face in practice in obtaining legal redress.

11.1.2Other issues related to the pursuit of a discrimination claim

To the expert’s knowledge there are no other issues in relation to the topic.

11.1.3Political and societal debate and pending legislative proposals

There is very little debate on the topic.

11.2Victimisation

Article 7(a) GLG has implemented the provisions on victimisation in national legislation.

The GLG includes a provision concerning the prohibition of any reprisals for the employee

him/herself and any other employees involved in the case, as a reaction to a complaint

within the business or to any legal proceedings aimed at enforcing compliance with the

principle of equal treatment. Furthermore, specific protection in the case of so-called

revenge dismissals is foreseen where persons are dismissed as a reaction to a complaint

within the business or to any legal proceedings aimed at enforcing compliance with the

principle of equaltreatment (Article 10 GLG). In the expert’s opinion, the protection

against victimisation complies with the Directives.

11.3Access to courts

11.3.1Difficulties and barriers related to access to courts

From a legal point of view, Article 5 GLG safeguards for everyone who is discriminated

against on the grounds of sex the access to courts or administrative boards in order to use

the proper remedy. In Liechtenstein there is still no case law concerning anti-

discrimination law and it is not easy to identify the reasons for this. Combined with other

factors such as fear of victimisation, it is imaginable that people are deterred from filing a

complaint by the specific situation in Liechtenstein. After all, it is a very small country

where nearly everybody knows everyone else, and anti-discrimination lawsuits are still

considered as very delicate issues in spite of all the useful awareness-raising campaigns

initiated by the former Office of Equal Opportunities, now the Office for Social Services.

11.3.2Availability of legal aid

As referred to in Article 19(2)(a) GLG, since January 2017, the Office of Social Services

supports alleged victims of gender discrimination in pursuing their complaints.

Furthermore, the section with regard to women’s issues in the LANV (employee

association) is available to address problems concerning gender discrimination. A new

independent institution called Association for Human Rights (Verein für Menschenrechte,

VMR) in Liechtenstein was created by law.23 Its main task is to protect and promote human

rights in Liechtenstein according to Article 4(1) of the Law on the VMR (VMRG). Pursuant

23 Law on the VMR, LGBl. 2016/504.