Implementation of central concepts

AuthorNicole Mathé
3 Implementation of central concepts
3.1 General (legal) context
3.1.1 Surveys on the definition, implementation and limit s of central concepts of gender
equality law
There have been no surveys or reports published over the last years that provide insight
into legal definition, implementation and limits of central concepts of gender equality law.
3.1.2 Other issues
To the knowledge of t he exp ert ther e are no other issues to mention in relation to the
central concepts of gender equality law.
3.1.3 General overview of national acts
The main concepts of EU gender equa lity law have been implemented i n Liechtenstein by
the Gender Equality Act (Gleichstellungsgesetz, GLG).
3.1.4 Political and societal debate and pending legislative proposals
To the knowledge of the expert there has been no political or societal debate on central
concepts of gender equality so far.
3.2 Sex/gender/transgender
3.2.1 Definition of ‘gender’ and ‘sex’
There are no definitions of these terms in legislation.
3.2.2 Protection of transgender, intersex and non-bi nary persons
Pursuant to A rticle 3 GLG, the definition of the prohibition of discrimination states that
nobody shall be discriminated against directly or indirectly on the grounds of sex. This
could allow the interpretation that the prohibition of sex discrimination also covers
discrimination due to gender reassignment. Such an interpretation is mentioned in the
preparatory notes to the amendment of the GLG implementing Recast Directive 2006/54.3
The principl e o f equalit y between m en and women shall not only apply to sex bu t als o
includes discrimination on the ground of gender reassignment with reference to Recital 3
of Recast Directive 2006/54.
3.2.3 Specific requirements
As the legal norms are not mentioning any of the terms transgender, intersex and non-
binary persons, it can be concluded that they are protected under the characteristic of sex
if the materials to the specific laws b roach the issue of sex. To the experts knowledge,
there has not yet been an y case law applying and interpreting existing legislation on the
topic of transgender persons. Thus, specific catalogues of criteria are no t yet elaborated.
3 BuA No. 132/2010, LGBl. 2011/212.

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