Personal and material scope

• Author: Hornich, Patricia
• Pages: 29-40

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3 PERSONAL AND MATERIAL SCOPE

3.1 Personal scope

3.1.1 EU and non-EU nationals (Recital 13 and Article 3(2), Directive 2000/43

and Recital 12 and Article 3(2), Directive 2000/78)

In Liechtenstein, the following residence/citizenship/nationality requirements are applied

when it comes to protection under the relevant national laws transposing the directives.

The basic rights of Liechtenstein citizens and foreigners are stated in the Constitution of

the Principality of Liechtenstein of 1921 (LC). Article 31 of the Constitution states that all

citizens are equal before the law. The term ‘citizen’ is to be understood as referring to all

persons holding Liechtenstein national citizenship without distinction of sex.71 Foreigners

are excluded from this definition. The rights of foreigners are governed by treaty and, in

the absence of any treaty, by reciprocal law.

The purpo se of the AEPD is to eliminate or prevent discrimination against persons with

disabilities, thereby ensuring the equal participation of persons with disabilities in society

and enabling them to lead their life autonomously. The AEPD does not make a distinction

between Liechtenstein citizens and others, nor are its provisions based on residency

status or the holding of asylum permits.

Special provisions regarding discrimination on grounds of race, nationality or origin are

contained in § 283(1) of the Criminal Code. Like the AEPD, the Criminal Code does not

make any distinction between Liechtenstein citizens and foreigners, nor are its provisions

based on residency status or the holding of asylum permits. Protection against racial

discrimination or discrimination on the ground of origin is independent of citizenship.

There are no further national laws dealing with discrimination based on grounds of race

or origin.

3.1.2 Natural and legal persons (Recital 16, Directive 2000/43)

a) Protection against discrimination

In Liechtenstein, the personal scope of anti-discrimination law covers natural persons for

the purpose of protection against discrimination.

Judicial interpretation is required to a certain extent when it comes to legal persons. The

Personal and Corporate Law Act (PCL)72 distinguishes between a natural per son

(natürliche Person) and a legal person (juristische Person) in the context of protection

and measures against discrimination. As regards protection against discrimination on

grounds of disability, the AEPD focuses on natural persons. This is set out in Articles 2

and 3(2) of the AEPD. As the term ‘person’ is defined as referring to members of both

female and male gender, the law applies to both women and men. Article 23(1) of the

AEPD covers the restitution of any financial losses incurred and compensation for the

personal detriment suffered. Only persons, i.e. natural persons, are mentioned in that

section of the Act.

71 The phrase ‘without distinction of sex’ makes sense because, in German, there is a difference between male

citizens (der Landesangehörige) and female citizens (die Landesangehörige). The Constitution only uses the

male term (der Landesangehörige), but this term also includes women. This was explicitly stated in an act

amending the constitution (LGBl. 1971, No. 22).

72 Personal and Corporate Law Act (Personen- und Gesellschaftsrecht, PGR), 20 January 1926, LGBl. 1926 No.

4, available at: https://www.gesetze.li/konso/pdf/1926004000?version=44.