General legal framework

• Author: Hornich, Patricia
• Pages: 17-18

17

1 GENERAL LEGAL FRAMEWORK

Constitutional provisions on protection against discrimination and the

promotion of equality

Articles 27bis to 44 of the Liechtenstein Constitution enshrine numerous fundamental

rights and freedoms. In particular, the Constitution guarantees the following rights

dealing with non-discrimination:

Article

Type of clause

Grounds covered

Material scope

Article 27bis48

A general clause, not listing

any specific grounds of

discrimination. The article

says: ‘Human dignity must be

respected and protected. No

one shall be subjected to

inhuman or degrading

treatment or punishment.’49

Basic principle of

human dignity of

all Liechtenstein

citizens; prohibits

inhuman or

degrading

treatment

General

Article 31

A general clause on equality

between persons with

Liechtenstein citizenship.

Basic principle of

equality of all

Liechtenstein

citizens

General

Article 37(1)10

An explicit clause that

guarantees freedom of

religion and conscience

Religion, belief

General

Article 3910

A specific clause stating that

the exercise of civil and

political rights is not

dependent on religious

affiliation

Religion, belief

General

Article 4010

A clause covering freedom of

speech (Meinungsfreiheit)

Religion, belief

General

Article 4110

A clause covering the right of

assembly and association

(Vereins- und

Versammlungsrecht)

Not explicitly

specified

General

These provisions do not apply to all areas covered by the directives. Their material scope

is not broader than those of the directives. These provisions are directly applicable.

These provisions can be enforced against private individuals (as well as against the

state).

The case law of the Constitutional Court has derived further fundamental rights from

those enumerated above or has recognised them as independent, non-codified

fundamental rights. Some fundamental rights only apply to Liechtenstein citizens. In

particular, these include political rights and freedom of residence. While the text of the

Constitution provides equality before the law only to Liechtenstein citizens, the case law

of the Constitutional Court has extended the principle of equality before the law to

foreigners.

Liechtenstein uses the incorporation or monist system, whereby a ratified agreement

becomes part of domestic law on the date when it enters into force, without the need for

48 Constitution of the Principality of Liechtenstein (Verfassung) (for English version, copy the following link into

web browser): https://www.gesetze.li/lilexprod/dloadpdf.jsp?smatik=201.

49 As far as the author is aware, this article has never been interpreted or challenged to include protection on

the basis of sexual orientation.