Goods and services (Directive 2004/113)
Author | Nicole Mathé |
Pages | 32-33 |
32
9Goods and services (Directive 2004/113)18
9.1General (legal) context
9.1.1Surveys and reports about the difficulties linked to equal access to and supply of
goods and services
In Liechtenstein no reports have been published that provide insights into difficulties that
men and women may face in terms of equal access to and supply of goods and services.
9.1.2Specific problems of discrimination in the online environment/digital
market/collaborative economy
To the expert’s knowledge no specific problems have emerged concerning the topic.
9.1.3Political and societal debate
There is very little debate on this topic.
9.2Prohibition of direct and indirect discrimination
Directive 2004/113 has been transposed into national legislation by amendment of the
GLG which entered into force on 8 June 2011. According to Article 4(a)(1) GLG, direct and
indirect discrimination on grounds of sex in the access to goods and services is prohibited,
as well as harassment and sexual harassment and the instruction to do this (Article 4(b)
GLG).
9.3Material scope
The material scope of Article 4(a) GLG corresponds to the scope of Article 3 of Directive
2004/113. The wording is copied literally from Directive 2004/113 into national law. There
is no case law on the topic.
9.4Exceptions
Article 4(a)(4)(b) and (c) GLG provides for the exceptions from the material scope as
specified in Article 3(3) of Directive 2004/113. The contents of media and advertising and
the field of education are therefore excluded from the prohibition of discrimination.
9.5Justification of differences in treatment
Article 4(a)(5)(b) GLG stipulates that no discrimination exists if the provision of goods and
services exclusively or primarily to members of one sex is justified by a legitimate aim and
the means of achieving that aim are appropriate and necessary. There is no case law on
this topic.
9.6Actuarial factors
National law does not ensure the content of Article 5(1) of Directive 2004/113explicitly
but recognises it implicitly by regulating the specific exceptions of Article 5(2) and (3) of
Directive 2004/113 in the GLG. Differences are still allowed except when costs are related
to pregnancy and maternity.
18 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,
European network of legal experts in gender equality and non-discrimination, available at
https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.
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