Compliance and enforcement aspects (horizontal provisions of all directives)

AuthorNicole Mathé
Pages36-39
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 experts 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 experts 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.

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