Committee on Economic, Social and Cultural Rights

Consideration of reports submitted by States parties under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights

Second and third periodic reports of States parties due in 2011

Liechtenstein *

[Date received: 29 September 2015]

Contents

Page

Abbreviations3

1.Introduction4

2.Implementation of the Covenant in Liechtenstein4

2.1Article 1: The Right of Self-Determination of Peoples4

2.2Article 2: The Realisation of the Rights Recognised and Non-Discrimination5

2.3Article 3: Equal Rights of Men and Women6

2.4Article 4: Limitations on the Rights Guaranteed7

2.5Article 5: Prohibition of Abuse of Law and Reservation of More Favourable Law8

2.6Article 6: The Right to Work8

2.7Article 7: The Right to Just and Favourable Conditions of Work9

2.8Article 8: The Right to Trade Union Activity12

2.9Article 9: The Right to Social Security13

2.10Article 10: The Right of Families, Mothers and Children to Protection and Assistance14

2.11Article 11: The Right to an Adequate Standard of Living and the ContinuousImprovement of Living Conditions18

2.12Article 12: The Right to Physical and Mental Health18

2.13Article 13: The Right to Education19

2.14Article 14: The Obligation to Introduce Compulsory Education Free of Charge22

2.15Article 15: The Right to Take Part in Cultural Life and Scientific Progress and the Right to Copyright Protection22

Abbreviations

ABGBGeneral Civil Code

AHVOld Age and Survivors’ Insurance

ALVGLaw on Unemployment Insurance and Insolvency Compensation

AMS FLLabour Market Service Liechtenstein

CESCRConvention on Economic, Social and Cultural Rights

ECHREuropean Convention on Human Rights

FAKFamily Compensation Office

GAVCollective agreement

GLGGender Equality Act

IVDisability Insurance

LANVLiechtenstein Employees’ Association

LGBlLiechtenstein Law Gazette

LVConstitution of the Principality of Liechtenstein

OHGVictims Assistance Act

OSKJOmbuds Office for Children and Young People

SCGEqual Opportunities Unit

StGBCriminal Code

StGHConstitutional Court

StGHGConstitutional Court Act

StPGState Employees Act

URGCopyright Act

ZPKCentral Joint Commission

ZPOCode of Civil Procedure

1.Introduction

1.This report, which the Government of the Principality of Liechtenstein adopted on 1 September 2015, is being submitted in accordance with article 16 of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 (ICESCR). Legislative, administrative, and other measures which have been taken in accordance with the Covenant since the last report in 2004 are enumerated. This is the combined second and third periodic report of Liechtenstein, covering the time period through 2014.

2.The report is based on the general guidelines of the Committee on Economic, Social and Cultural Rights (CESCR). It reports on the progress made in the implementation of the recommendations addressed by the CESCR to Liechtenstein. These recommendations are reproduced at the beginning of each subchapter.

3.This Second and Third Periodic Report should be read in conjunction with the following documents:

•Initial Report of Liechtenstein Submitted under Article 16 of the International Covenant on Economic, Social and Cultural Rights, July 2004

•Core Document of the Principality of Liechtenstein Forming Part of the Reports of States Parties to the Human Rights Treaties of the United Nations, January 2012

•Concluding Observations of the Committee on Economic, Social and Cultural Rights, May 2006

•Guidelines of the Committee on Economic, Social and Cultural Rights on Treaty-Specific Documents to Be Submitted by States Parties

4.Where no changes are noted, the remarks in the initial report of July 2014 continue to apply.

5.The report was prepared by the Office for Foreign Affairs in cooperation with the offices responsible for the issues in question.

2.Implementation of the Covenant in Liechtenstein

2.1Article 1: The Right of Self-Determination of Peoples

6.The remarks in the initial report on the right of self-determination of peoples continue to apply. There is no indigenous population in Liechtenstein for the purposes of the CESCR. Through the Liechtenstein Institute on Self-Determination founded in 2000 at Princeton University, Liechtenstein promotes research on the topic of self-determination and provides a network for researchers and decision-makers.

2.2.Article 2: The Realisation of the Rights Recognised and Non-Discrimination

2.2.1Establishment of an Independent National Human Rights Institution

21.The Committee recommends that the State party consider the establishment of an independent national human rights institution, in accordance with the Paris Principles (GeneralAssembly resolution 48/134, 20 December 1993), and the adoption of a national plan of action for the promotion and protection of all human rights, including economic, social and cultural rights.

7.At the end of 2013, the Liechtenstein Government appointed a working group under the leadership of the Ministry for Social Affairs. The working group consists of three members each of the Government and of NGOs. The working group has examined to what extent an independent national human rights institution in Liechtenstein would be feasible, and it has made proposals to the Government. The Government is now considering these proposals.

8.Several institutions already exist in Liechtenstein to promote human rights. The Government’s Equal Opportunities Unit (Stabsstelle für Chancengleichheit, SCG), which was established in its current form in 2005, plays an important role in this regard. It works to combat discrimination and to promote equal opportunities in the fields of gender equality, disability, and sexual orientation. Over the past decade, new offices and bodies with responsibilities for specific human rights issues have been established both within and outside the National Administration. In 2007, the Office for the Equality of People with Disabilities was established as part of the Liechtenstein Association for People with Disabilities (Liechtensteinischer Behindertenverband, LBV). Within the National Administration, the establishment of a Victims Assistance Office (Opferhilfestelle) through the Victims Assistance Act (Opferhilfegesetz, OHG, Liechtenstein Law Gazette LGBl. 2007 No. 228) in 2008 is of particular note. The Victims Assistance Office provides counselling as well as medical, psychological, and financial assistance to victims of criminal offences and their family members. Also in 2008, the Liechtenstein Corrections Commission was appointed, which serves as the National Preventive Mechanism under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. In 2009, the Ombuds Office for Children and Young People (Ombudsstelle für Kinder und Jugendliche, OSKJ) was created. Additionally, the Government has appointed commissions and working groups as advisory bodies on specific issues, such as the Violence Protection Commission.

2.2.2Monitoring of Implementation of the Covenant Provisions in the Domestic Courts

22. The Committee requests the State party to ensure that the provisions of the Covenant are given effect by its domestic courts, that legal and judicial training take full account of all Covenant rights, as defined in the Committee’s general comments, and that it promote the use of the Covenant as a source of domestic law.In this regard, the Committee draws the attention of the State party to general comment No.9 on the domestic application of the Covenant.

9.Liechtenstein does not have a university at which law can be studied at the bachelor’s and master’s level. Liechtenstein lawyers therefore usually study at the universities in the neighbouring countries of Switzerland and Austria, in which human rights are part of their studies. Anyone wanting to serve as a lawyer or full-time judge in Liechtenstein must meet certain conditions, including successful completion of the study of law and a passing a lawyer’s examination. The constitutionally guaranteed rights, including fundamental rights and freedoms, are a key point in the written and oral lawyer’s examination. Ethics and human rights are also a focus of training at the one-year police academy.

2.2.3Extension of the Constitutional Equal Protection Clause to the Human Rights ofForeigners

25. The Committee recommends that the State party consider adopting legislative measures, with a view to extending the application of the constitutional equal protection clause to the human rights of foreigners, in particular their economic, social and cultural rights.

10.The equality of all Liechtenstein citizens before the law has been a part of the Constitution of the Principality of Liechtenstein (Landesverfassung, LV) since 1921 and is enshrined in article 31, paragraph 1 LV. The scope of application of this constitutional article was extended in 1992 to include the equality of women and men (paragraph 2). The rights of foreigners are determined by international treaties or, in their absence, by reciprocity (paragraph 3). In a recent judgment (2014/146), however, the Constitutional Court held “that according to established case law, the principle of equal treatment set out in article 31, paragraph 1 LV applies to foreigners despite the reservation of reciprocity in article 31, paragraph 3 LV”.

11.Liechtenstein is a State party to a large number of international human rights conventions. These conventions apply to all persons who are subject to the sovereign rights of a State party. For several of these conventions, Liechtenstein has accepted an individual complaints procedure. The rights guaranteed under these conventions may, analogously to the rights guaranteed by the Constitution, be claimed in individual complaints proceedings before the Constitutional Court. The individual complaint is available to all persons against final decisions or decrees of public authorities. In this regard, the Constitutional Court as the highest national instance has the power to receive individual complaints at the national level (article 15 of the Constitutional Court Act (Staatsgerichtshofgesetz, StGHG); LGBl. 2004 No. 32) and to review whether, in a given case, constitutionally guaranteed rights or rights guaranteed by international conventions have been breached, if the legislative power has expressly envisaged the individual complaints procedure for such rights.

12.Since Liechtenstein’s accession to the European Convention on Human Rights (ECHR) and the creation of article 15, paragraph 2 StGHG, the fundamental rights set out in the ECHR have regularly been claimed together with the fundamental rights set out in the Liechtenstein Constitution in individual complaints before the Constitutional Court.

13.In sum, this means that the principle of equal treatment has been implemented effectively. For that reason, no constitutional amendment is currently being considered.

2.3Article 3: Equal Rights of Men and Women

2.3.1Focus of the Equal Opportunities Unit on Gender Equality

27. The Committee requests the State party to take adequate measures to ensure that the work of the Equal Opportunities Unit will continue to have a strong gender focus.

14.The Office of Gender Equality established in 1996 was expanded into the Equal Opportunities Unit (SCG) in 2004. The SCG performs its responsibilities regarding the equality of women and men in accordance with the provisions of the Gender Equality Act (Gleichstellungsgesetz, GLG, LGBl. 1999 No. 96). The focus of the SCG’s activities is on combating discrimination and promoting de jure and de facto equal opportunity in the fields of gender equality, disabilities, and sexual orientation. Despite the extension of its mandate, the SCG’s focus continues to be on gender equality.

2.3.2Legislative Amendments to Promote Gender Equality

15.The new State Employees Act (Staatspersonalgesetz, StPG, LGBl. 2008 No. 144) adopted in 2008 expressly laid down the guarantee of gender equality as an objective of personnel policy (article 4, paragraph 2(f) StPG).

16.The legislative amendments also include the revision of inheritance law. Inheritance law underwent a fundamental reform in 2012 in order to improve the legal status of the surviving spouse or registered domestic partner. One of the main improvements was to increase the legal inheritance share of the surviving spouse or registered domestic partner. Until the reform, the legal inheritance share was one third of the estate transferred to the surviving spouse or registered domestic partner. This represented a de facto disadvantage for spouses who were not working. The legal inheritance share is now one half of the estate. This also increases the mandatory share, which is calculated on the basis of the legal inheritance share. The law governing the mandatory share also includes an abuse clause, which ensures that the surviving spouse does not suffer any disadvantage.

17.With amendments to the General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB), the Marriage Act, the Law on Persons and Companies, and the Jurisdiction Act in September 2014, Parliament adopted a reform of the law governing names, which entered into force on 1 January 2015. Spouses are now able to retain their previous surname upon marriage without having to use a double surname. At the same time, the option of using a double surname still exists. Spouses are also still permitted to use one of their surnames as the joint surname. The surname of a child of unmarried parents now no longer is the mother’s maiden name, but rather her current surname in order to ensure that the mother and the child have the same surname. The child of married parents, as a general rule, receives the joint surname of the parents. If the parents do not have a joint surname, the parents decide the surname of the child.

18.Also on 1 January 2015, the new law on parents and children entered into force, which now makes joint custody the rule. It is assumed that the relationship of the child to both parents is especially valuable for the development of the child and that divorced or separated parents should exercise custody equally and by mutual agreement. Parents are called upon to find a mutual agreement for custody. If the parents adjust their custody arrangements by mutual agreement, children aged 14 and older have the right of objection. If the parents are unable to reach an agreement, the court shall decide in accordance with the welfare of the child. The new law on parents and children emphasises the welfare of the child and provides a comprehensive list of criteria to assess the welfare, taking account of psychological and pedagogical considerations (see § 137b ABGB).

19.Supplementing these remarks, the comments on the other articles also address the topic of gender equality. Regarding the equality of women and men in Liechtenstein, please also see the reporting on the Convention of 18 December 1979 on the Elimination of All Forms of Discrimination against Women (LGBl. 1996 No. 164).

2.4Article 4: Limitations on the Rights Guaranteed

20.The information provided in the initial report continues to apply.

2.5Article 5: Prohibition of Abuse of Law and Reservation of More Favourable Law

21.The information provided in the initial report continues to apply.

2.6Article 6: The Right to Work

2.6.1The Employment and Labour Market Situation in Liechtenstein

22.Liechtenstein is a modern and diversified business location, providing 36,540 jobs at the end of 2014. Compared with the total population of 37,370 as of 31 December 2014, this is a very high number.

23.At the end of 2013, 17,084 residents of Liechtenstein were working; 19,140 persons and thus 52.8% of all workers in Liechtenstein were cross-border commuters from abroad.

24.Compared internationally, unemployment is very low. The annual average in 2014 was 2.4%. Among foreigners, the average unemployment rate in 2014 at 3.3% was slightly higher than that of Liechtenstein citizens (1.8%).

2.6.2Unemployment Insurance and Support

25.All employees working in Liechtenstein are required to be insured against the risk of unemployment. In addition to financial support for unemployed persons, there are several measures to support jobseekers. During the reporting period, special attention in regard to combating unemployment was paid to the further development of early intervention strategies. Various programmes to combat youth unemployment had a high impact during the reporting period; youth unemployment fell steadily to a ten-year low in 2012 of 2.7%, rising slightly to 2.8% in 2013 and 2.9% in 2014.

26.In addition to services provided by the Labour Market Service Liechtenstein (Arbeitsmarkt Service Liechtenstein, AMS FL), unemployed persons are supported by various private initiatives. For instance, the Brandis job project of the Association for Assisted Living (Verein für Betreutes Wohnen) offers job training at different levels. Chicobello, a sub-organisation of the Brandis job project, is a project tailored specifically to job integration for women.

27.Over the past few years, programmes and projects have also regularly been launched to address disadvantages faced by older persons on the labour market and their reintegration into the labour market. With an annual average of 2.1%, the unemployment rate for workers aged 50 and older in 2014 was lower than for 25-to-49-year-olds, who had an unemployment rate of 2.4%. As part of the efforts to promote older unemployed persons, the Arbeitsleben.li competence centre was founded, which provides advice to companies in the field of generation and personnel management.

2.6.3Women on the Labour Market

28.Compared with men (annual average of 2.1% in 2014), the unemployment rate for women was slightly higher, with an annual average of 2.7%. But measures are taken on an ongoing basis to facilitate career reintegration of women and to lower unemployment for women. In 2007, AMS FL developed a nine-week programme for women returning to work after taking time off for their families. The programme takes place four times a year and in particular covers targeted training in the fields of social and technical skills, communication, and rediscovery of one’s own resources. Funds are available for child care. Group courses and individual coaching is offered free of charge to women returning to the labour market. Some tax breaks are given for continuing education and retraining costs to facilitate re-entry into the workforce.

29.As part of the comprehensive revision of the Law on Unemployment Insurance and Insolvency Compensation (Gesetz über die Arbeitslosenversicherung und die Insolvenzentschädigung, ALVG, LGBl. 2010 No. 452) in 2010, the qualifying periods for benefits and the contribution period were increased for people engaged in child-raising (article 10 ALVG).

2.7Article 7: The Right to Just and Favourable Conditions of Work

2.7.1Amendment to the Gender Equality Act

26. The Committee encourages the State party to adopt the proposed amendment to the Gender Equality Act extending the shift of the burden of proof to the employer also to cases of sexual harassment.

30.The Gender Equality Act (GLG) was revised pursuant to the incorporation and transposition of EU directives in 2006 and 2011. The GLG prohibits discrimination through sexual harassment at work (article 4 GLG). As part of the 2006 revision, the burden of proof for employers in cases of discrimination on the basis of gender was expanded and implemented to include sexual harassment (LGBl. 2006 No. 152). Special legal claims in the case of workplace discrimination were also defined (article 7b GLG).

31.With various projects in this area, the Government implemented measures to prevent and combat sexual harassment and workplace bullying. Since 2006, information campaigns for employees have been carried out. Via the internet, ongoing information is provided to employees about their rights and to employers about their obligations. Information brochures and flyers on the topics of gender equality, wage equality, and sexual harassment in the workplace were sent out to 400 businesses.

32.Additionally, the permanent working group for the promotion of gender equality in the Liechtenstein National Administration has elaborated rules on sexual harassment and workplace bullying that apply to the entire National Administration. Training sessions also regularly take place for the internal and external contact points for sexual harassment and workplace bullying.

2.7.2Equal Treatment of Men and Women in Access to Employment and Promotion

28. The Committee urges the State party to implement the principle of equal treatment of men and women in access to employment and promotion, to intensify its efforts in the field of qualification programmes for women working in low-paid employment and unemployed women, and to enforce the principle of equal remuneration for work of equal value.It invites the State party to include statistical data on the participation of women in the workforce, disaggregated by age, wage, part-time/full-time work and ethnic origin in its next periodic report.

33.The Liechtenstein laws fulfil the EU standard on the equal treatment of men and women. Legal equality in access to employment and promotion was achieved with the creation of the Gender Equality Act (GLG) in 1999 and as part of the transposition of EU directives implementing the principle of equal treatment between men and women in the access to and supply of goods and services as well as in matters of employment and occupation. These directives from 2004 and 2006 were transposed in part through amendments to the GLG and the General Civil Code (ABGB). A combination of various measures is intended to prevent gender discrimination: There is a comprehensive prohibition of discrimination in regard to pay, access to employment and vocational training, working conditions, and the occupational systems for social security. Supplemental provisions include reduction of the burden of proof and compensation claims in the case of discrimination on the basis of gender as well as dissuasive penalties. Liechtenstein will continue its efforts in the domain of de jure and de facto gender equality on the labour market.

34.In 2007, the Office of Human Resources and Organisation was mandated by the Government to propose more women with equal or equivalent qualifications when filling management positions in order to achieve greater representation of women in that area. In the National Administration, the share of women at the management level (head of office/unit) was 14% at the beginning of 2015. 88% of managers are employed full-time, 12% part-time. In recent years, topics such as role models and stereotypes at work, the advancement of women, and the compatibility of family and work have also been included in the continuing education offerings of the National Administration.

2.7.3Statistical Data on Women Employed in Liechtenstein

2.7.3.1Full-Time and Part-Time Employees by Gender in 2013

35.In 2013, a total of 36,224 people worked in Liechtenstein. 40% of all workers are women. Part-time work is considerably more frequent for women than for men.

	Workers	Men	Women
Full-time	26,864	74.2%	19,286	88.9%	7,578	52.1%
Part-time	9,360	25.8%	2,401	11.1%	6,959	47.9%
Total	36,224	100%	21,687	100%	14,537	100%

2.7.3.2Wage Differences by Gender

36.In 2012, the median gross monthly wage in Liechtenstein was CHF 6,380. The median wage for women was CHF 5,694, which was 17.2% lower than the median wage for men (CHF 6,875). Compared with 2010, this means the wage gap between men and women was reduced by 0.6 percentage points. The wage differences between the sexes can be seen in all age groups, but it is significantly smaller for younger employees than for older employees: Among 20-to-24-year-old employees, the gap is merely 3.4%, but it rises continuously until it reaches 26.5% among 55-to-59-year-olds, the second highest gap. After a decrease in the next age category, the highest gap can be seen in the group of 65 and older, namely 26.7%. When assessing wage differences, it should be taken into account that these are in part due to objective factors such as age, education, sector, or job requirements.

Gross Monthly Wage by Age and Sex in Swiss Francs in 2012 (Full-Time and Part-Time Workers)

	Gross monthly wage in CHF
Total	Men	Women	Difference
Total	6,380	6,875	5,694	17.2%
Age 20 to 24	4,462	4,536	4,381	3.4%
Age 25 to 29	5,471	5,610	5,288	5.7%
Age 30 to 34	6,347	6,525	6,038	7.5%
Age 35 to 39	6,908	7,316	6,244	14.7%
Age 40 to 44	7,105	7,766	6,252	19.5%
Age 45 to 49	7,078	7,817	6,001	23.2%
Age 50 to 54	6,988	7,842	6,069	22.6%
Age 55 to 59	7,083	8,000	5,881	26.5%
Age 60 to 64	6,992	7,566	6,081	19.6%
Age 65+	6,208	6,814	4,992	26.7%

2.7.4Employment Contracts Act

29. The Committee recommends that the State party consider amending the Employment Contracts Act, with a view to ensuring that the prohibition of racial and ethnic discrimination applies to all aspects of employment, including recruitment and promotion.

37.As mentioned in Chapter 2.2.3, the case law of the Constitutional Court recognises the principle of legal equality also for foreigners. In addition to the constitutionally guaranteed rights, the rights guaranteed by international conventions can likewise be claimed before the Constitutional Court, if the legislative power has expressly envisaged the individual complaints procedure for such rights. In substantive terms, the rights guaranteed by international conventions thus enjoy constitutional rank. This is true of the rights contained in the International Convention on the Elimination of All Forms of Racial Discrimination as well as for the rights guaranteed by the Convention against Torture, the Convention on the Elimination of All Forms of Discrimination against Women, the ECHR, and the ICCPR.

38.Moreover, § 283 of the Criminal Code (Strafgesetzbuch, StGB, LGBl. 1988 No. 37) prohibits incitement to hatred or discrimination on the basis of race, ethnicity, or religion; the dissemination of ideologies and propaganda with the goal of systematic denigration or defamation of the members of a race, ethnicity, or religion; disparagement and discrimination on the basis of race, ethnicity, or religion in a way that violates human dignity; the denial, gross trivialisation, or justification of genocide; and the denial of a service intended for the general public on the basis of the race, ethnicity, or religion of a person.

39.Labour law also expressly provides for the protection of the personality of the employee and thus a certain protection from discrimination. The term “personality” should be interpreted broadly in this regard, including gender, race, nationality, sexual orientation, etc.

40.In view of the above, no amendments to the Employment Contracts Act are currently planned.

2.7.5Minimum Wage

30. The Committee recommends that the State party consider introducing a legal minimum wage or ensure that wages negotiated in collective agreements are applicable to all employers and employees of an economic sector or a profession, irrespective of membership in the Chamber of Trade and Commerce, and that it secure workers and employees a decent living for themselves and their families, in accordance with article 7 (a) (ii) of the Covenant.

41.As part of a package of measures to preserve and strengthen the social partnership, a Law on the Declaration of General Applicability of Collective Agreements (Gesetz über die Allgemeinverbindlicherklärung von Gesamtarbeitsverträgen, LGBl. 2007 No. 101) was adopted in 2007. The law provides the legal foundation for a collective agreement (GAV) between the social partners to be extended to an entire sector. Meanwhile, there are 14 collective agreements that have been declared generally applicable and that govern minimum wages, working hours, and other employment conditions in order to counter any attempts at social and wage dumping. The social partners founded the SAVE foundation to monitor and enforce the collective agreements that are declared generally applicable. The foundation has appointed a Central Joint Commission (Zentrale Paritätische Kommission, ZPK) for this purpose. The ZPK is endowed with the responsibilities and powers to verify and enforce compliance with the provisions set out in the collective agreements within the relevant scope of application.

2.8Article 8: The Right to Trade Union Activity

2.8.1Recognition of the Right to Strike and Definition of Limitations

31a. The Committee recommends that the State party explicitly recognize the right to strike in its domestic legislation and define the permissible limitations on that right.

42.In Liechtenstein, strikes are unknown in practice, given that unemployment has been at a very low level for years, the working conditions are good, and a fair social partnership is cultivated. There is no prohibition of strikes in Liechtenstein laws or the Constitution. For the Constitutional Court, there has so far been no occasion to consider the question of the freedom to engage in a labour dispute.

43.An express recognition of the right to strike in domestic legislation is not regarded as necessary and is currently not planned. Please also refer to the remarks in the initial report in this regard.

2.8.2Repeal of the Prohibition of the Right to Strike for Civil Servants

31b. [The Committee] encourages the State party to proceed with its initiative to repeal the prohibition of the right to strike for civil servants in the Civil Servants Act.

44.With the adoption of the new State Employees Act (StPG) in 2008, the previous Civil Servants Act was repealed. The prohibition of the right to strike was not included in the new State Employees Act. Article 7, paragraph 2 of the previous Civil Servants Act stated: “Strikes or work refusals may lead to dismissal.” Although this provision did not stipulate an absolute prohibition of strikes, some sources of legal doctrine concluded that dismissal as a possible penalty for strikes came very close to being a de facto prohibition of strikes for all civil servants. This fact was taken into account with the creation of the new State Employees Act, and the provision was not included in the text of the law. The new State Employees Act thus does not contain a prohibition of the right to strike or any other rules on the right to strike, so that, pursuant to article 3 of the State Employees Act, the provisions of the General Civil Code and the Labour Act apply on a subsidiary basis.

45.In Liechtenstein, the Staff Association of the Public Administrations safeguards and promotes the interests of its members vis-à-vis their employers. The rights of participation of the Staff Association of the Public Administrations in Liechtenstein have been strengthened by the rules set out in the new State Employees Act. Article 35, paragraph 2 StPG specifies the matters in which the Government must consult the Staff Association. Article 35, paragraph 4 StPG also expressly states that the representatives of the Staff Association may not be disadvantaged due to their position in the Staff Association for the duration of their mandate and beyond. There thus exists an association in Liechtenstein that represents the interests of employees under public law, and the representatives of that association enjoy a special legal protection.

2.8.3Trade Unions

46.There is one trade union in Liechtenstein (Liechtenstein Employees’ Association, Liechtensteiner ArbeitnehmerInnenverband, LANV), which is a member of the International Trade Union Confederation and the European Trade Union Confederation. It has a total of approximately 1,100 members.

2.9Article 9: The Right to Social Security

2.9.1Reform of the Social Security System

32a. The Committee encourages the State party to continue its efforts to reform the social security system through “socially acceptable” measures, as referred to by the State party [...]. The Committee requests the State party to provide detailed information on the social security reform in its next periodic report, bearing in mind its obligations under article 9 of the Covenant.

47.Liechtenstein has a high standard of living and a very well developed social net. There is no absolute poverty in Liechtenstein. If people are unable to afford their cost of living, they may claim minimum social benefits such as premium reductions for their compulsory health insurance, rental subsidies, and supplemental benefits to their Old Age, Survivors’, and Disability Insurance pensions as well as direct financial assistance on a subsidiary basis. Independent of their income, residents also have a right to a child allowance (see 2.10.5). In part because of these social benefits, Liechtenstein has a low ratio of low-income households compared with other countries. The ratio was 11% in 2008. Without social benefits provided by the State, the ratio would have been 19.2%.

48.Direct financial assistance is the last safety net in the social security system (see initial report); it provides support for people in need. In 2012, 487 households received monetary support in the form of direct financial assistance. The share of persons receiving direct financial assistance is currently 2.1%.

49.As part of the partial revision of the social insurance legislation that entered into force in January 2013, the Public Welfare Commissions were abolished and a new system was established. The Social Assistance Act (Sozialhilfegesetz, LGBl. 1985 No. 17) previously provided that in addition to the Office of Social Services, the Government, and the Court of Justice, the Public Welfare Commissions of the municipalities were entrusted with execution of the law. The payment of direct financial assistance depended on approval by the Public Welfare Commissions. The Public Welfare Commissions have now been replaced by inclusion of the municipal mayor in the decision-making process. This helps modernise the system, while the municipal perspective in the field of social assistance is still ensured.

2.9.2Reintegration of Persons with Physical or Mental Disabilities into the Workplace

32b. The Committee encourages the State party to continue its efforts [...] such as reintegration of persons with disabilities into the workplace to ease the financial burden on disability insurance.

50.In addition to the Law on the Equality of Persons with Disabilities (Behindertengleichstellungsgesetz, LGBl. 2006 No. 243), the Disability Insurance Act (Gesetz über die Invalidenversicherung, LGBl. 1960 No. 5) provides the legal basis for the equality of persons with disabilities. The 2006 revision (LGBl. 2006 No. 244) enshrined the goal of promoting persons with disabilities to the extent that they are completely or partially able to support themselves and lead a life as autonomously as possible. Early recognition and integration into the workplace have thus been improved significantly. The Liechtenstein Disability Insurance (Invalidenversicherung, IV, integrated into the Old Age, Survivors’, and Disability Insurance and Family Compensation Institutions, AHV-IV-FAK-Anstalten) offers a wide range of services to help persons with disabilities reintegrate into the workplace. The Sichtwechsel networking group for persons with disabilities and persons in need of assistance likewise helps persons with disabilities reintegrate into schooling and the workforce. The Therapeutic-Educational Centre (Heilpädagogisches Zentrum) offers jobs for persons with mild to moderate cognitive impairments and low vocational qualifications. There are also permanent jobs available for persons who are difficult to place due to illness or disability. If employment is not possible or only partially possible for an extended period of time or even permanently, there is a right to a disability pension.

2.10Article 10: The Right of Families, Mothers and Children to Protection and Assistance

2.10.1International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

23. The Committee encourages the State party to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

51.Liechtenstein does not plan to ratify this convention.

2.10.2Strengthening of Assistance to Victims of Domestic Violence, Marital Rape and Child Abuse

33. The Committee urges the State party to strengthen its assistance to victims of domestic violence, marital rape and child abuse, as well as its information campaigns and training of law enforcement and medical personnel on the criminal nature of such acts, and to include information on the results of these measures and on the number of victims, perpetrators, convictions, and the types of sanctions imposed, in its next periodic report.

52.The violence protection law that entered into force in 2001, providing for a preventive expulsion of the potential perpetrator by the police and a prohibition on entering the shared abode, forms the basis for combating domestic violence.

53.The general foundation for supporting the victims of criminal offences is the Victims Assistance Act (OHG) of 2007. On the basis of this law, the Victims Assistance Office was established in 2008. The Victims Assistance Office counsels victims of offences and their relatives and provides the necessary medical, psychological, material, and legal assistance from case to case. In cases where it is unable to offer this support itself, the Victims Assistance Office supplies information on other available assistance. Urgent immediate assistance is provided around the clock, and longer-term support is also offered. Victims of domestic violence can find shelter in the Women’s Home run by the Association for the Protection of Abused Women and their Children (Verein zum Schutz misshandelter Frauen und deren Kinder).

54.In 2009 and 2010, an intervention programme against domestic violence was carried out in cooperation with the Austrian state of Vorarlberg. The goal of the project was to inform medical and nursing personnel about the health impact of violence and to establish a cross-border network of system partners. As a further measure to combat domestic violence, emergency cards in eight languages are distributed to public authorities, containing information about domestic violence and contact persons for those affected.

55.In 2011, the law governing sexual offences was adjusted with the goal of expanding the substantive legal protection of victims and the practical measures taken by the Government to combat violence against women and children as well as domestic violence at a legal level. In particular, the range of criminal offences was expanded that must be prosecuted ex officio. These offences now include cases of dangerous threats against close family members, stalking, rape or sexual assault in marriages and domestic partnerships, and coerced marriages. Ex officio prosecution ensures that prosecution is no longer tied to any limiting preconditions for the different forms of domestic violence. The explicit criminalisation of female genital mutilation, which also entered into force in 2011, further strengthens the protection of victims of violence.

56.A second concern of the 2011 reform – which amended the Criminal Code (StGB) and the Code of Criminal Procedure (Strafprozessordnung, StPO, LGBl. 1988 No. 62), the Law on the Criminal Register and the Expungement of Judicial Sentences (Gesetz über das Strafregister und die Tilgung gerichtlicher Verurteilungen, LGBl. 1974 No. 46), and the Law on the Execution of Sentences (Strafvollzugsgesetz, LGBl. 2007 No. 295) – is to strengthen victims’ rights in criminal procedure. Victims of offences must now be informed of their rights and, at their request, must also be informed of the development of the case and if the accused is released from detention. Victims of physical, psychological, or sexual violence whose emotional suffering is particularly severe may assert special rights to gentle treatment. Furthermore, victims of criminal offences may, by way of a declaration, join the criminal proceedings as private parties with their own rights. These amendments entered into force in 2012.

57.In 2012/2013, a working group composed of the Equal Opportunities Unit, the Migration and Passport Office, the Victims Assistance Office and two non-governmental organisations (the Liechtenstein Women’s Home and infra – the Information and Contact Office for Women) analysed the need for action in regard to domestic violence and migrants in Liechtenstein, and it worked to develop practical solutions and professionalisation of the cooperation between the public authorities and the involved specialist offices. In 2013, the working group adopted a white paper intended to support counselling offices and authorities in their work with victims of domestic violence; it reflects the consensus of the working group in its evaluation and treatment of domestic violence.

58.From 2012 to 2014, the Liechtenstein Government, the Liechtenstein Women’s Home, and the Association for a Safe Liechtenstein (Verein Sicheres Liechtenstein) raised public awareness for the topic with the campaign “Domestic violence – no way!” (“Häusliche Gewalt kommt nicht in die Tüte”).

2.10.2.1Interventions by the National Police in Cases of Domestic Violence

	2009	2010	2011	2012	2013	2014
Interventions by the National Police, of which …	32	24	27	20	17	30
… mediations	20	17	17	12	14	26
… expulsions	9	6	9	7	1	3
… prohibitions of entry for men	3	1	1	1	2	1

2.10.2.2Criminal Statistics on Sexual Violence in 2014

	Number of cases	Resolved cases
Rape or sexual assault	4	4
Sexual abuse of underage persons	3	3
Sexual harassment/Exhibitionism	2	2

2.10.3Protection of Children

59.The new Children and Youth Act (Kinder- und Jugendgesetz, LGBl. 2009 No. 29) entered into force on 1 February 2009. The protection and promotion of the rights of the child in accordance with the UN Convention on the Rights of the Child and the principle of non-discrimination are expressly included in the law. In addition to new rules governing reporting rights and obligations if children’s welfare is in danger as well as strengthening of the protection of children and young people, the right to a violence-free upbringing was included in several provisions of the new law, supplementing the General Civil Code (ABGB). The Children and Youth Act provides that all forms of corporeal punishment as well as emotional injuries and other degrading measures are impermissible. With the Ombuds Office for Children and Young People (OSKJ) and the Children and Youth Advisory Council, two new independent institutions were created in this field. In 2012, the organisations and institutions working in the field of children and young people joined together to form the Liechtenstein Children’s Lobby (Kinderlobby Liechtenstein). The Children’s Lobby aims to make it possible for the participants to join forces and harmonise approaches on behalf of the interests of children and young people, to make their voice better heard, and to disseminate knowledge about children’s rights.

60.The measures to protect children from sexual abuse have been intensified in recent years. The interdisciplinary Expert Group against the Sexual Abuse of Children and Young People (Fachgruppe gegen sexuellen Missbrauch von Kindern und Jugendlichen), which was appointed in 1999, is responsible for counselling specialists and institutions and also serves as a contact office for affected individuals and those close to them. It can be called upon when sexual abuse is suspected and is authorised to initiate the necessary measures. In 2013, the Expert Group provided counselling or was informed of suspected sexual abuse of children or young people in 6 cases (2012: 14 cases). In 2008 and 2009, projects were carried out to raise the awareness of teachers of primary school children. Projects with emergency doctors and information events for children and teachers were also carried out. Since 2001, the Expert Group has regularly held issue-specific continuing education events for a wide range of specialists.

61.The revision of the law governing sexual offences, which entered into force in 2011, significantly expanded the protection of children from sexual abuse and other forms of sexual violence. The revision enlarged the substantive legal protections of victims. New criminal offences were introduced, such as the initiation of sexual contact with children through information and communication technologies (“grooming”). Furthermore, the revision extensively criminalised behaviour relating to child pornography and child prostitution. Extraterritorial jurisdiction was introduced for various sexual offences against children and young people. Also, the statute of limitations was extended for criminal offences against sexual autonomy and other sexual offences by omitting the time period until the victim reaches the age of majority. To better implement the preventive aspect, the new provisions require more extensive monitoring of released sexual offenders through supervision of probation and stipulations for conditional release as well as prohibitions of certain types of work.

62.As described above, the 2011 reform also strengthened the rights of victims in criminal proceedings, which is very important especially for victims who are children or young people.

63.In 2013, Liechtenstein ratified the Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This ratification is part of Liechtenstein’s consistent efforts at the national and international level to protect children and strengthen children’s rights.

64.In 2015, Liechtenstein ratified the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention). The Lanzarote Convention makes all forms of sexual exploitation and sexual abuse punishable. It also attaches great importance to prevention in this area.

65.For additional information on developments relating to children and young people, please refer to the Third and Fourth Periodic Report of Liechtenstein under article 44 of the Convention on the Rights of the Child and the Second Periodic Report under Article 8 of the Optional Protocol on the involvement of children in armed conflict.

2.10.4Compatibility of Family and Work

66.The demand for child care outside the home has increased in recent years. To take account of these developments, child care outside the home has been continuously expanded over the reporting period. Additionally, unpaid parental leave has been extended to four months. An affordable system of child care outside the home has improved the compatibility of family and work as well as equal opportunities in the workplace. Since 2009, the high-quality offering of child care outside the home has been supplemented by all-day arrangements for kindergarten and school children, lunch tables, and two all-day schools.

67.Since 2002, the employees of the National Administration have been able to place their children in the day care centre of the National Administration when space is available. One major Liechtenstein company has also offered employees its own day care centre since August 2013.

2.10.5Family Allowances

68.The Family Allowances Act (Gesetz über die Familienzulagen, LGBl. 1986 No. 28) provides the payment of birth and child allowances to all persons residing or employed in Liechtenstein. Since the initial report, the allowance for the birth of a child has risen from CHF 1,900 to CHF 2,300, in the case of multiple births CHF 2,800 are paid per child. Birth allowances are also paid in the event of the adoption of a child under the age of five.

69.Child allowances have also risen since the last report. The monthly child allowance is now CHF 280 per child for families with one or two children. Families with twins or with three or more children receive CHF 330 per month per child. The child allowance generally increases to CHF 330 per month per child above the age of 10. Persons whose claim to a foreign allowance takes precedence over the Liechtenstein allowance receive any difference. The single parent allowance introduced in 1999 has been increased from CHF 100 per child to CHF 110.

2.10.6Human Trafficking

70.Since March 2008, Liechtenstein has been a State party to the UN Convention against Transnational Organized Crime (Palermo Convention), its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and its Protocol against the Smuggling of Migrants by Land, Sea and Air. The definition of human trafficking in the Criminal Code (§ 104a StGB) is compatible with that of the protocol. Human trafficking is subject to ex officio prosecution in Liechtenstein. According to the findings of the Liechtenstein National Police, Liechtenstein is neither a transit nor a destination country for organised human trafficking.

71.Since 2006, Liechtenstein has had a Round Table on Human Trafficking, where various public authorities, victims assistance organisations, and other involved offices come together. The goal of the Round Table is to expose possible cases of human trafficking, to ensure the cooperation of the involved offices, and to raise awareness for the issue. In 2009, the Round Table launched the “Magdalena” prevention project. As an especially vulnerable group, the dancers employed on a temporary basis by bars and nightclubs have been required as part of this project since 2009 to attend an information session at which public officials and the Victims Assistance Office inform the women of their legal situation. This helps prevent exploitation in the scene and shows potential victims of human trafficking ways to access counselling and victim assistance organisations. An evaluation of the project has confirmed its positive impact.

2.11Article 11: The Right to an Adequate Standard of Living and the Continuous Improvement of Living Conditions

2.11.1Collection of Statistical Data on the Situation of Non-Citizens in the Field of Housing

34. The Committee invites the State party to continue to collect statistical data on the situation of non-citizens in the field of housing and to include these data, as well as information on the measures adopted on the basis of such data, in its next periodic report.

72.No statistical data was collected on the situation of non-citizens in the field of housing during the reporting period. However, it should be emphasised that Liechtenstein has sufficient housing space and no homelessness. According to the Building and Housing Statistics, 827 out of a total of 17,247 permanent housing units were vacant on 31 December 2014, corresponding to a vacancy rate of 4.8%. It should also be emphasised that the rental of housing is subject to the freedom of contract. The State attaches great importance to the freedom of contract of private persons and, given the relatively high number of vacant housing units, does not see any need to intervene in this field.

2.12Article 12: The Right to Physical and Mental Health

2.12.1Continuation of Education Campaigns

35. The Committee requests the State party to continue its education campaigns, in particular for minors, on the risks of tobacco, alcohol and drug consumption and to ensure that adequate counselling services are available to all persons affected by tobacco, alcohol and drug addiction. It invites the State party to identify disaggregated indicators and national benchmarks, on an annual basis, in relation to the target groups addressed in its multi-year addiction prevention campaign and to include information on the process of identifying such indicators and benchmarks in its next periodic report.

73.Liechtenstein has intensified its efforts in regard to tobacco, alcohol, and drug consumption. Since 2004, the Office of Social Services has had an addiction officer who heads the secretariat of the Commission on Addiction and is responsible for operational implementation of drug policy.

74.In 2006, the three-year campaign “You say how!” (“Du sescht wia!”) was launched, which is intended to reduce the consumption of alcohol and tobacco among young people and raise the starting age. Since the conclusion of the campaign in 2009, “You say how!” has been continued as a permanent programme with four sub-programmes. As part of “Smartconnection”, youths and young adults up to the age of 24 are awarded prizes at events if they drink little or no alcohol (breath alcohol test of less than 0.03%). In the “Do I know you?” (“Kennidi”) sub-programme, a non-alcoholic fruit beverage is offered to young people at restaurants and events. In school classes, the “Non-Smoking Experiment” (“Experiment Nichtrauchen”) has been carried out on an annual basis for several years, during which non-smokers are discouraged from smoking and smokers are encouraged to stop. As part of the “Freelance” sub-programme, teaching materials on addiction prevention are made available to secondary schools. Given the increase in addiction problems in connection with new media, the teaching materials have recently been updated accordingly.

75.The Liechtenstein student study on alcohol and other drugs, which was conducted in 2011 and published in 2012, shows positive changes in the consumption of addictive substances by 15-year-olds in Liechtenstein, lending itself to the conclusion that the campaigns and programmes in recent years have had an impact. Problems associated with the abuse of nicotine, alcohol, cannabis, and medication – which were the focus of a preceding addiction prevention campaign – have decreased significantly. The number of young people who had consumed alcohol ten times or more in the 30 days preceding the test fell dramatically compared with a 2005 study. The share of young people who had not consumed any alcohol during that time period rose from 22.5% to 34%. The number of binge drinkers also fell. A similar picture can be seen in regard to nicotine consumption: The share of heavy smokers has fallen significantly since 2005. Only 3.8% of the 15-year-olds (2005: 9.7%) responded that they smoked 11 to 20 cigarettes a day, and only 1.4% (2005: 7.2%) smoked more than 20 cigarettes a day. Cannabis consumption likewise declined: While in 2005, every third 15-year-old had experiences with cannabis, only one fifth did in 2012. In contrast, the consumption of illegal drugs other than cannabis increased, albeit only at a very low level. The results of the study at the same time show an increase in intravenous drug consumption, but again at a very low level.

2.12.2State of Health of the Population

76.Public health care is ensured by the high density of medical doctors and one hospital in Liechtenstein. Contractual arrangements also exist with hospital and psychiatric clinics abroad. The good supply of health care can be seen in indicators such as high life expectancy and very low infant and maternal mortality. Life expectancy at birth in Liechtenstein has steadily risen in recent years: In 2013, it was 83.9 for women and 80.7 for men. Infant and maternal mortality is at a very low level: Between 2000 and 2013, an annual average of 1.3 children died before the age of 1.

2.13Article 13: The Right to Education

2.13.1Promotion of Ethnic and Religious Tolerance

24. The Committee calls on the State party to continue and intensify its efforts to promote ethnic and religious tolerance, e.g. by including this subject in school curricula and through training of teachers and public awareness campaigns, and to adopt a comprehensive strategy for the integration of persons of a different ethnic origin or religion.

77.The school system plays an important role in the integration of the foreign population and the promotion of tolerance and understanding between the native and immigrant population. Schools devote a great deal of attention to promoting tolerance in religious and ideological affairs. The goal is to give students the ability to comprehend the diversity of human beings and to respect otherness.

78.Tolerance education enjoys special importance in the “Life Skills” and “Religion and Culture” subjects. “Religion and Culture” is designed so that students from all regions and religions can participate. It has an interdenominational orientation and discusses all the major world religions. As part of human rights and democracy education, students learn to understand the key principles in this field and to act in accordance with them.

79.The schools implement the requirements of the curriculum and promote intercultural competence as well as ethnic and religious tolerance, both in the classroom and in thematic project weeks and electives.

2.13.2Reduction of Linguistic Barriers through Intensive German-language Training for Immigrant Children

36a. The Committee encourages the State party to continue reducing linguistic barriers through intensive German-language training for immigrant children, to offer appropriate catch‑up classes, and to increase family awareness about the importance of education for future professional careers.

80.Liechtenstein is continuing its efforts to steadily reduce linguistic barriers for persons who speak German as a foreign language. Foreign-language children are offered intensive instruction in “German as a second language” by teachers with intercultural training. The goal of this course is to enable them to following classroom instruction in the regular class without linguistic problems. The course was expanded to include kindergarten in 2008. There is also a wide range of special educational, social educational, and co-curricular measures.

81.Children with a migrant background are overrepresented in the school track with lower academic requirements. National tests have shown in Liechtenstein that, alongside language, the social and economic status as well as the education level and motivation of the child’s parents have a significant impact on success at school, an impact that was also observed in other countries. An important development in this regard is the revision of the Education Statistics, which will now offer better information on typical educational progress as well as the influence of migrant and social background.

82.In recent years, the realisation has prevailed that measures must be taken as early as possible in order to ensure equal opportunities for all children in the best possible way. For that reason, the Office of Education is focusing increasingly on early education and parent education. The Office of Education is working together with the Office of Social Services in a pilot project to optimise early education and identification before schooling begins. Another early education measure for all children is therapeutic-educational support in kindergartens, permitting early recognition of developmental and behavioural difficulties as well as special talents and thus the provision of appropriate teaching solutions. This offer has been implemented in all schools in Liechtenstein since 2010.

83.In order to qualify for family reunification or permanent residency in Liechtenstein, foreigners from third countries are required to provide evidence of their German skills with a certificate. Upon application, the Migration and Passport Office provides financial support for individual German language courses in the first five years after a migrant’s arrival. On a project basis, the State also supports collective integration initiatives carried out by private associations.

2.13.3Age at Which Pupils Are Assigned to Different Levels of Secondary School

36b. [The Committee] also encourages the State party to raise the age at which pupils are assigned to one of the three different levels of secondary school from the current 11 years to a later age, with a view to ensuring that children have reached a sufficient stage of development when that decision is taken.

84.The goal of Liechtenstein’s education policy has always been to offer children and young people a varied education programme that allows everyone to develop his or her skills and interests. The basic principle is: No student should be left behind. After the SPES I project – which would have eliminated the three tracks of secondary schooling – was rejected by a popular vote in 2008, Liechtenstein strengthened its efforts to promote permeability and options for transitioning to other educational tracks.

85.According to the Education Statistics for 2013, 23.3% of primary school pupils continued on to the Gymnasium (the most demanding secondary school level), 49.3% to the Realschule (middle track), and 27.4% to the Oberschule (less demanding level). While it was already possible before to switch between the tracks if scholastic achievement was sufficient, permeability was further optimised through various measures in recent years.

86.Since 2012, the transition from compulsory schooling to vocational training or continuing schools has also been optimised. Mandatory talks with all pupils in 8th grade and their parents have been introduced to determine the pupil’s progress. These talks serve to provide career counselling and an individual definition of objectives for the 9th grade, and to strengthen cooperation between schools and vocational training. In combination with a guideline introduced in 2013 governing the transition from the Realschule to the upper-level Gymnasium, this approach is intended to optimise planning of further schooling. Pupils and parents are involved more heavily in the process now. The Office for Vocational Training and Career Counselling also supports young people after completion of their compulsory schooling in identifying their next education options.

87.It should be emphasised that the path to tertiary education is open to young people even if they attend the Realschule or Oberschule after primary school. For instance, a vocational baccalaureate (Berufsmaturität) may be obtained together with an apprenticeship in an integrated or modular form. Moreover, students are able to attend the upper-level Gymnasium or vocational middle schools in Switzerland and Austria pursuant to intergovernmental agreements. This can be seen in the gratifying baccalaureate graduation rate of 42.2% in 2013.

88.The great importance and high quality of higher vocational education should also be emphasised, which can also be achieved on the dual education path without a baccalaureate. Higher vocational education is also part of tertiary education and trains highly qualified specialists with excellent career prospects.

2.13.4Gender Equality in Education

89.The Liechtenstein Education Statistics show that in recent years, much progress has been made in regard to the equality of girls and young women in the education process. In general, girls’ school attainment is very high, and they are now even overrepresented in the Gymnasium. There has also been a clear development in the direction of gender equality in higher education. While only 12 out of 128 higher education students in 1975 were women, nearly half of all higher education students in recent years have been women. Compared with 1990, 13% more women chose an academic education in 2000. Since then, the share of women among students has remained steady. In 2013, 42.9% of higher education students were women, and women are even a majority (57.2%) at universities of applied sciences. Their share at universities was 41.5%.

2.14Article 14: The Obligation to Introduce Compulsory Education Free of Charge

90.Liechtenstein guarantees compulsory education free of charge.

2.15Article 15: The Right to Take Part in Cultural Life and Scientific Progress and the Right to Copyright Protection

2.15.1Cultural Policy

91.In 2007, a new Cultural Promotion Act (Kulturförderungsgesetz, LGBl. 2007 No. 290) was adopted. On that basis, the autonomous Liechtenstein Cultural Foundation was established in 2008. As the central institution for State promotion of private cultural life, it aims to preserve cultural diversity and to promote artistic and cultural activities at as many different levels as possible. The Cultural Foundation is especially dedicated to the promotion of young artists. Twice a year, the Cultural Foundation awards grants to professional young artists who want to spend a working year abroad to study at music or art schools, universities, or studios. In 2011, the Government adopted a Cultural Mission Statement that contains the normative and strategic concept of Liechtenstein cultural policy and defines the goals through 2020.

2.15.2Office of Cultural Affairs

92.As part of the reform of the National Administration, the Office of Cultural Affairs was created in January 2013. The National Archives, the old Office of Cultural Affairs, the Conservation of Historic Monuments Division, and the Archaeology Division (formerly part of the Building and Fire Authority) were consolidated in the new Office of Cultural Affairs. The consolidation of various cultural responsibilities and powers in the Office of Cultural Affairs improves transparency and facilitates a focused approach to cultural policy. The responsibilities of the Office of Cultural Affairs include archiving the documents of all State authorities, compiling documentation and collections on the history of the country, and especially organising and carrying out cultural projects. The Office of Cultural Affairs is part of the Ministry for Foreign Affairs, Education and Culture. The promotion of creative artists continues to be the main responsibility of the Liechtenstein Cultural Foundation.

2.15.3Art Education

93.The State is responsible for public institutions such as the Music School, the School of Art, the National Library, the Kunstmuseum (Museum of Fine Arts), and the National Museum. As already indicated in the initial report, these cultural institutions offer a wide range of opportunities for art education in the form of guided tours, courses of study, and workshops.

2.15.4Children and Culture

94.Liechtenstein strives to involve children in cultural policy and to promote their participation in cultural life. During the reporting period, numerous activities and projects were carried out with and for children in this regard. The TAK theatre in Liechtenstein has a Children and Youth Theatre division, which provides extensive offerings for children and young people as well as parents and teachers. The theatre is also networked with the Liechtenstein schools. The Young Theatre of Liechtenstein is an autonomous association that has realised professionally directed theatre productions with children, young people, and adults every year since 2001.

2.15.5International Cooperation in the Field of Culture

95.Liechtenstein engages in cultural foreign policy at the regional and international level. Culture is considered a means of integration and of international and European dialogue. The high level of importance of Liechtenstein’s cultural foreign policy was incorporated into the objectives of Liechtenstein’s foreign policy in 2007 and 2012. The activities of diplomatic representations also contribute to Liechtenstein’s international exchanges. During the reporting period, numerous cross-border cultural exchange projects took place. For instance, Liechtenstein regularly invites artists from neighbouring countries to exhibit in the Kunstraum Engländerbau (English Building Art Space), which focuses on contemporary artistic creation in Liechtenstein and the region. In 2012, Liechtenstein joined Traduki, the European network for literature and books. The network promotes the translation of literature from, to, and in Southeast Europe.

2.15.6Protection of Cultural Heritage and Cultural Assets

96.In 2007, Liechtenstein adopted a Cultural Asset Immunity Act, which entered into force in 2008 (Kulturgutimmunitätsgesetz, LGBl. 2008 No. 9). This established the legal basis for exhibitors in Liechtenstein to issue immunity declarations and return guarantees for items on loan from abroad. Items on loan from abroad are thus protected from legal claims by third parties. The law also guarantees the return of items on loan to the country of origin.

2.15.7Intellectual Property

97.Since 2004, several amendments to the Copyright Act (Urheberrechtsgesetz, URG, LGBl. 1999 No. 160) have been adopted. These amendments became necessary due to the incorporation of EU directives, such as Directive 2001/84/EC (resale right), Directive 2001/29/EC (information society), Directive 2011/77/EU (term of protection), and finally Directive 2012/28/EU (orphan works). Substantive copyright law has thus been considerably harmonised in order to reduce barriers to trade and adjust the legal framework to new forms of exploitation.