Implementation of central concepts

• Author: Nicole Mathé
• Pages: 8-12

8

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 expert’s 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.