Executive summary

• Author: Hornich, Patricia
• Pages: 6-13

6

EXECUTIVE SUMMARY

1. Introduction

The Principality of Liechtenstein is one of the smallest countries in Europe, with only

38 557 inhabitants. Political power is shared equally between the elected Parliament/the

people and the monarch. The Parliament decides on new legislation, which can be

amended by the electorate by means of popular initiative or referendum. New laws must

be sanctioned by the Prince. Criminal and civil law is handled by the ordinary courts, and

appeals are dealt with by the Upper Court in the first instance, and ultimately by the High

Court. However, in cases of dispute between citizens and organs of the state, the

Administrative Court and the Constitutional Court act as the relevant courts of law.

Liechtenstein follows a monist approach to the adoption of international law. The legal

system requires that all acts must conform to the Constitution of the Principality of

Liechtenstein and relevant international treaties.

Directives 2000/78/EC and 2000/43/EC are based on Article 13 of the EC Treaty. The

directives have not been incorporated into the EEA Agreement. Liechtenstein, as a

Member State of the EEA and a non-member of the European Union, has refrained from

implementing the directives autonomously. The reluctant at titude of Liechtenstein can be

explained by the lack of administrative resources and the overriding objective to keep

regulatory density as low as possible.

Liechtenstein has neither signed nor ratified the United Nations Convention on the Rights

of Persons with Disabilities (CRPD), which is regarded as a global standard.

The ratification of the CRPD by Liechtenstein has been demanded by the relevant human

rights institutions for years. In 2018, this recommendation was made by the UN Human

Rights Council in its universal periodic review (UPR) of Liechtenstein and by the

Committee on the Elimination of Discrimination against Women (CEDAW) in its

concluding observations on the fifth periodic report of Liechtenstein. In 2019, the

Government commissioned a legal opinion in order to clarify the consequences and

necessary legal adjustments in connection with a possible ratification of the CRPD. The

result will be presented by the Government in early 2020.

No official case law has been available in Liechtenstein in 2019 regarding discrimination

on grounds of race or ethnic origin, religion or belief, disability, age or sexual

orientation.1

There is no case law in respect of Roma. As of the date of this report, there are very few

Roma in Liechtenstein.

2. Main legislation

In Liechtenstein, there exists no specific anti-discrimination law covering all five grounds

under the directives. Besides the anti-discrimination provisions in various national acts

listed below, judicial interpretation is required to confirm whether the general anti-

discrimination provisions in the Constitution and the Criminal Code are sufficient to

protect against discrimination.

1 In its ruling 2018/154, the Constitutional Court noted that the prohibition on registered couples adopting

stepchildren violates the European Convention on Human Rights: it violates the equality principles, as

people with a certain sexual orientation (same-sex couples) are restricted by law with regard to adoption in

comparison with heterosexual couples. The full Constitutional Court decision is not yet available, but it

should be published shortly at: https://www.gerichtsentscheidungen.li/default.aspx?z=XwwLKn-e-0-

Zy8bCALSk1m05MvW_C9FV0.

The press release can be found at: https://www.vaterland.li/liechtenstein/politik/lukas-und-dario-wollten-

heiraten-duerfen-aber-nicht;art169,406563.