Positive action (Article 5 Directive 2000/43, Article 7 Directive 2000/78)

• Author: Hornich, Patricia
• Pages: 50-50

50

5 POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive

2000/78)

a) Scope for positive action measures

In Liechtenstein, positive action is permitted in national law in respect of disability.

Essentially, only the AEPD, in implementing Directive 2000/78, states that positive action

is permissible and does not constitute discrimination. Article 4, on positive measures,

states: ‘Specific measures to achieve equal participation of people wi th a disability in

daily life within society are not considered to be discriminatory.’ The AEPD allows for

positive measures to integrate people with disabilities. However, most positive measures

can be described as soft law, and Liechtenstein does not have any kind of quotas. Article

19 of the AEPD covers integration programmes for people with disabilities in education,

employment, accommodation, transport, culture and sport, and Article 20 covers pilot

projects for people’s integration into working life. Other grounds are not covered in the

AEPD.

There are no similar definitions of positive action measures against discrimination based

on religion or belief, age, racial or ethnic origin or sexual orientation in any other specific

national law. This corresponds with the fact that there are no specific laws on these

grounds of discrimination. Furthermore, there is no comprehensive anti-discrimination

act in Liechtenstein covering all grounds of discrimination. Positive action measures on

grounds other than disability are not clearly set out in the law as a legal commitment.

Nevertheless, some measures have been implemented. These have mainly been

communication campaigns, including campaigns in relation to foreigners and old people.

Such activities are directly supported by the Government (via the integration department

of the Immigration and Passport Office or the Office of Social Services) or indirectly

supported by mandating private associations with such tasks.

The Association for Human Rights (Verein für Menschenrechte, VMR) is tasked, inter alia,

with raising public awareness of human rights and combating all forms of discrimination,

in particular racial discrimination, by increasing public awareness through information

and education and using the press and other media.

b) Quotas in employment for people with disabilities

In Liechtenstein, national law does n ot provide for a quota/quotas for the employment of

people with disabilities.

Articles 17 to 20 of the AEPD state that different measures in favour of people with

disabilities may be supported. Article 19(3) of the AEPD specifies that various

programmes may be implemented and supported by the Government, including those on

vocational training, integration and housing. Article 20 states that pilot projects on the

integration of people with disabilities into the work environment may be supported by

society.