Sensitive or controversial issues

• Author: Hornich, Patricia
• Pages: 71-71

71

11 SENSITIVE OR CONTROVERSIAL ISSUES

11.1 Potential breaches of the directives at the national level

Directive 2000/43/EC has not been transposed completely in national law (except in

terms of Annex XVIII, which has been adopted to EEC law and therefore to national law

in Liechtenstein). No further attempts have been made so far to incorporate the directive

into the EEA Agreement or national law.

Directive 2000/78/EC was not incorporated into the EEA Agreement, based on the f act

that the legal background of the directive was not declared compatible with the EEA

Agreement. The directive is based on the former Article 13 of the EEC Treaty (now Article

19 TFEU), which was brought into the EC Treaty by the Amsterdam Treaty. A similar

legal basis does not exist in the EEA Agreement. Therefore, it was concluded that the

directive did not fall within the territory covered by the EEA Agreement. Liechtenstein has

refrained from implementing the directives autonomously. However, regulations with

regard to disability have been transposed from the directive into national law.

11.2 Other issues of concern

The fact that Liechtenstein has still not signed and ratified the CRPD remains an issue of

concern for many NGOs. Back in 2018, when Liechtenstein was reviewed for the third

time by the UN Human Rights Council, a recommendation was officially made to ratify

the CRPD.139 In its corresponding statement, Liechtenstein rejected the recommendation,

but started a process, in cooperation with various organisations and civil society, to

clarify in detail the anticipated effects of ratification.140 As the topic was not given a high

priority, the initial results of this process were not due to be presented to the public un til

February 2020.

A further concern is the continuing absence of comprehensive anti-discrimination

legislation covering a ll prohibited grounds for discrimination. The stated position of the

Liechtenstein Government is that, on the basis of existing laws, Liechtenstein provides

comprehensive protection against discrimination. However, the introduction of a general

anti-discrimination law would contradict the liberal economic order of the country and

could provoke possible conflicts with the principle of freedom of contract. No further

action has been taken by the Government.

A relevant education structure is in place to integrate children with disabilities into

regular schools. In practice, however, many young people with disabilities attend the

Special Education Centre, especially those with intellectual impairment. According to

some DPOs, the inclusion ef fort should be expanded in order to integrate children with

disabilities in regular schools in a much more comprehensive way. In the area of tertiary

education, no measures or policies at a state level are in place.

Furthermore, statistical data and information are lacking for Liechtenstein. One

recommendation is therefore to conduct statistical research to help understand the

situation of young people with disabilities and to support them in an effective and useful

way.

139 Most recent data available.

140 Subsequently, in 2019, the Government of Liechtenstein commissioned experts from the University of

Innsbruck, Austria, to prepare an expert opinion on the legal implications of Liechtenstein ratifying the

CRPD.