Exceptions

• Author: Hornich, Patricia
• Pages: 41-49

41

4 EXCEPTIONS

4.1 Genuine and determining occupational requirements (Article 4)

In Liechtenstein, national legislation provides for an exception for genuine and

determining occupational requirements.

It should be noted that, according to Article 10(3) AEPD, there is no discrimination if a

characteristic related to disability ‘constitutes an essential and determining occupational

requirement by reason of the nature of a particular occupational activity or of the context

in which it is carried out and provided that the objective is legitimate and the

requirement is reasonable’. This does not mean, however, that far-reaching restrictions

on access to jobs can be introduced for people with disabilities. An assessment must be

made of which characteristics actually constitute an ‘essential and decisive’ occupational

requirement. As long as there are obvious reasons for specific requirements to be made,

this would not be interpreted as discriminating against people with other characteristics.

In addition, public service jobs can be restricted to Liechtenstein citizens, but race and

ethnicity would not be permitted as selection criteria.

There are no such reservations for other grounds.

4.2 Employers with an ethos based on religion or belief (Article 4(2) Directive

2000/78)

In Liechtenstein, national law does not provide for an exception for employers with an

ethos based on religion or belief.

Apart from the ECHR, there is no specific legislation dealing with discrimination against

people in the case of employers with an ethos based on religion or belief. Like several

other international treaties, the ECHR is relevant to Constitutional Court decisions and

thus can have an effect on decisions regarding discrimination.

− Conflicts between rights of organisations with an ethos based on religion or belief

and other rights to non-discrimination

In L iechtenstein, there are specific provisions relating to conflicts between the rights of

organisations with an ethos based on religion or belief and other rights to non-

discrimination in the context of employment. The Catholic Church still enjoys a special

status in comparison with other religious communities. Article 37 of the Constitution

states that freedom of faith and conscience is guaranteed for everyone. The same article

goes on to state that the Roman Catholic Church is the national church and, as such,

enjoys the full protection of the state. Other denominations shall be guaranteed the

exercise of their profession and the holding of their worship within the bounds of morality

and public order.

The ongoing Government’s efforts to establish a plan for ‘disentangling’ the state and the

church are proving a challenge.91 While 9 of the country’s 11 communities have reached

an agreement with the Roman Catholic Church, the reform has not yet been successfully

completed. The new regulations on the relationship between church and state were

based on a planned agreement between the Principality of Liechtenstein and the Holy

See, which is no longer under discussion as of 2019. Under the changed circumstances,

the Government has stated that it is prepared to bring a new solution to the Parliament.

The latest ECRI report, published in 2017, recalls that differential treatment of religious

minorities, in particular with regard to their legal recognition and funding, may constitute

91 Latest statement of the Government regarding ‘disentangling the state and the church’, (Trennung von

Staat und Kirche), 06.11.2019, available at:

https://www.landtag.li/files/temp/kleineanfrage_18271.pdf?t=637174736484329244.