Committee on the Rights of the Child

Combined third and fourth periodic reports submitted by Liechtenstein under article 44 of the Convention, due in 2022 * , **

[Date received: 11 November 2022]

Contents

Page

Introduction3

I.New developments3

II.Rights under the Convention and its Optional Protocols4

III.Statistical information and data32

Introduction

1.This report, which was adopted by the Government of the Principality of Liechtenstein on 31 October 2022, is being submitted to the competent Committee in accordance with Article 44 of the Convention on the Rights of the Child of 20 November 1989. This is Liechtenstein’s third and fourth report, covering the period from April 2006 to October 2022. The report was prepared by the Office for Foreign Affairs in cooperation with the offices and ministries responsible for the subject matters. Following the simplified reporting procedure, it was prepared on the basis of the list of issues of the Committee on the Rights of the Child set out in document CRC/C/LIE/QPR/3-4 of 25 June 2021. It discusses the legislative, administrative, and other measures taken to implement the Convention during the reporting period.

2.All legislative texts and ordinances referred to in the report are available at www.gesetze.li.

I.New developments

Reply to paragraph 2 (a) of the list of issues prior to submission of the combined third and fourth periodic reports of Liechtenstein

3.Liechtenstein attaches the highest priority to the protection and promotion of children’s rights, both nationally and internationally. Liechtenstein is a State party to the UN Convention on the Rights of the Child (LGBl. 1996 No. 163, CRC) and its three Optional Protocols (LGBl. 2005 No. 026; LGBl. 2013 No. 164; LGBl. 2017 No. 031). During the reporting period, Liechtenstein ratified the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (LGBl. 2015 No. 255, Lanzarote Convention) and the Council of Europe Convention on Action against Trafficking in Human Beings (LGBl. 2016 No. 068). In June 2021, Liechtenstein also ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (LGBl. 2021 No. 242, Istanbul Convention).

4.In 2009, Liechtenstein ratified both the Convention on the Reduction of Statelessness (LGBl. 2009 No. 290) and the Convention relating to the Status of Stateless Persons (LGBl. 2009 No. 289). At the same time, Liechtenstein withdrew its corresponding reservations to Article 7 of the CRC, the International Covenant on Civil and Political Rights, and the Convention relating to the Status of Refugees. Also in 2009, Liechtenstein ratified the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (LGBl. 2009 No. 103). In September 2020, Liechtenstein signed the UN Convention on the Rights of Persons with Disabilities.

5.Especially noteworthy at the national level is the entry into force of the Children and Youth Act in 2009 (LGBl. 2009 No. 029, KJG), which was drafted in a participatory process involving both children and adolescents as well as adults. The rights of children under the CRC and the principle of non-discrimination are explicitly included in the Act. Other elements include the establishment of two independent institutions, the Ombuds Office for Children and Young People (OSKJ) and the Children and Youth Advisory Council, as well as the associated enshrining of the participation of children and adolescents in the matters that concern them at the national and municipal levels.

6.In 2017, the Law on the Association for Human Rights in Liechtenstein (LGBl. 2016 No. 504, VMRG) entered into force, creating a national, independent human rights institution in accordance with the Paris Principles. To ensure that the new institution can operate independently, its legal form is a public-benefit association under the Law on Persons and Companies (LGBl. 1926 No. 004, PGR). The new institution is called the Association for Human Rights in Liechtenstein (VMR) and, under the VMRG, it both plays an ombuds role and has a broad mandate to protect and promote human rights in Liechtenstein. The VMR’s tasks include advising public authorities and private individuals on human rights issues, supporting victims of human rights violations, informing the public about the human rights situation in Liechtenstein, conducting investigations and recommending measures, commenting on draft laws and ordinances and on ratifications of international conventions, and promoting dialogue with national and international bodies. The OSKJ, which was established in 2009, has been integrated into the VMR, but it continues to exist under its own name under the umbrella of the VMR.

Reply to paragraph 2 (b)

7.As a response to the Covid-19 pandemic, Liechtenstein took time-limited national measures to ensure public health and safety. These measures have meanwhile been discontinued. The principles of legality, proportionality, necessity, and time-limited restrictions were observed at all times and will continue to be observed in the event of future Covid-19 outbreaks. For example, Liechtenstein schools had the shortest period of remote instruction compared to other countries. During the period of remote instruction, students were provided with tablets (in primary schools) and laptops (in secondary schools) to make remote learning easier to manage. Other responses to the Covid-19 pandemic are described in the replies to the following questions: 24, 26 (f), 28 (a), 29 (b) and 45 (c).

Reply to paragraph 2 (c)

8.Education and the active participation of children play an important role in the Government’s strategy for implementing the UN Sustainable Development Goals (SDGs). The elaboration of Liechtenstein’s Education Strategy 2025, published in 2021, was accordingly a key project for implementation of the SDGs. Sustainable development likewise plays a key role in the Liechtenstein Curriculum (LiLe). Active participation of children and young people is furthermore promoted through projects in specific areas. Examples include projects with the myclimate foundation, where pupils are able to implement ideas for improving sustainability in the areas of energy and climate. Three of Liechtenstein’s eleven municipalities (Eschen, Mauren, and Ruggell) have been recognised as child-friendly municipalities by the United Nations Children’s Fund (UNICEF). The measures introduced by these municipalities include processes for the active involvement of children. The national indicator system for sustainable development also contains indicators for measuring educational goals. Liechtenstein also publishes annual Education Statistics. To improve sustainability in Liechtenstein, the ministries were instructed in March 2022 to include the impact on implementation of the UN Sustainable Development Goals in future reports and motions submitted by the Government to Parliament. This instruction covers all reports and motions to be considered in the April 2022 and later sessions of Parliament.

II.Rights under the Convention and its Optional Protocols

A.General measures of implementation (Articles 4, 42 and 44(6))

Reservations and legislation

Reply to paragraph 4 (a)

9.Liechtenstein abides by the principle of entering into treaty obligations only if they can be fully complied with. Liechtenstein pursues the policy of making a reservation if incompatibility of national legislation with treaty provisions cannot be completely ruled out, provided that the treaty allows reservations. This practice does sometimes lead to a higher number of reservations. The practice reflects Liechtenstein’s fundamental position on compliance with treaty obligations. At the same time, this position has enabled Liechtenstein to accede to a large number of international human rights treaties in a relatively short period of time.

10.On 1 October 2009, Liechtenstein withdrew its declaration on Article 1 CRC concerning the age of majority and its reservation to Article 7 CRC concerning the child’s right to a nationality. In principle, Liechtenstein regularly reviews whether reservations are still appropriate or whether the legal situation has changed such that withdrawal of reservations is possible. The position of the Liechtenstein Government with regard to the reservation to Article 10 CRC has not changed since the last report.

Reply to paragraph 4 (b)

11.The chronology of the Liechtenstein Asylum Act can be found under the following link. Since June 2012, the Asylum Act (LGBl. 2012 No. 029, AsylG) has been in force as the successor to the Refugee Act. The Act has been revised several times since the 2015 refugee crisis, concerning in particular the creation of an accelerated procedure for inadmissible asylum applications. The Asylum Act contains special procedural provisions for children. See also reply to question 30 (d).

Reply to paragraph 4 (c)

12.The participation of children and young people was also enshrined through a 2011 revision of the Education Act (LGBl. 1972 No. 007). An important expansion of the protection of children against sexual abuse and other forms of sexual violence is currently being considered by Parliament through a tightening of sexual criminal law. This tightening of criminal law is expected to enter into force in February 2023. In 2015, a reform of the law on parents and children entered into force in Liechtenstein, including amendments to the following laws: the General Civil Code (LGBl. 1003 No. 001, ABGB), the Non-Contentious Proceedings Act (LGBl. 2010 No. 454, AussStrG), the PGR, the Private International Law Act (LGBl. 1996 No. 194), the Marriage Act (LGBl. 1974 No. 020), and the Law on the Exercise of Jurisdiction and the Jurisdiction of Courts in Civil Matters (LGBl. 1912 Nr. 009/2).

13.Additional information on adjustments undertaken can be found in Chapter IV A 2/3 on Children in Liechtenstein’s second and third UPR reports of 2013 and 2018. See also reply to question 2 (a).

Reply to paragraph 4 (d)

14.See reply to question 2 (a).

Comprehensive policy and strategy

Reply to paragraph 5

15.One priority in the current Government Programme 2021–2025 is the compatibility of work and family life. Promoting this compatibility continues to be an important concern – from the perspective of both society and the economy. To ensure that the supply of childcare places is sufficient and meets the demand, dialogue and coordination with the municipalities and the business community will be intensified. The Ministry of Social Affairs and Culture, in cooperation with the Equal Opportunities Unit of the Office of Social Services (ASD), issues an annual action plan, which is reviewed and adjusted each year.

16.Liechtenstein has a high-quality education system. To continue to ensure this high standard, Liechtenstein will consistently implement the new Liechtenstein Curriculum (LiLe), the Education Strategy 2025plus, the school buildings strategy, and the use of information and communication technologies in schools. Liechtenstein also has a comprehensive integration strategy, with measures in the fields of education and work that facilitate the integration of all children with a migration background, including asylum-seeking children. The current Government Programme also explicitly provides for the integration of foreign-language children through early German-language training. To secure Liechtenstein’s economic success for the future, Liechtenstein promotes the basic and continuing training of young professionals and skilled workers. For this purpose, the Government pursues the consistent implementation of educational strategies such as dual vocational training and STEM education (also referred to as MINT: mathematics, information sciences, natural sciences, and technology).

Coordination

Reply to paragraph 6

17.According to the Children and Youth Act (KJG), the Office of Social Services (ASD) is the competent authority for children and adolescents in Liechtenstein. In particular, the Children and Youth Service within the ASD is entrusted with implementation. To ensure the well-being of children and adolescents, the ASD, the Office of Education, and other national authorities are required to cooperate in a coordinated manner. For this purpose, they must support each other and harmonise their activities with each other, especially by clarifying responsibilities, procedures, and approaches. The Children and Youth Service of the ASD has 8.3 full-time equivalent positions, and the independently operating OSKJ has a further 0.4 full-time equivalent positions. At the Children and Youth Service, these positions cover both operational case work and strategic responsibilities.

Allocation of resources

Reply to paragraph 7

Expenditure in Swiss francs (CHF) under the Children and Youth Act

	2021	2020	2019	2018	2017	2016	2015	2014	2013	2012
Protection of children and adolescents	43 363	29 515	28 781	16 069	27 153	34 805	30 030	35 256	22 931	39 814
Development of children and adolescents	1 285 344	949 518	987 522	958 797	892 607	932 693	922 625	986 697	940 931	952 651
Individual case assistance	3 250 272	3 246 784	3 051 255	3 213 578	3 197 434	1 867 803	1 844 715	1 611 583	1 692 526	2 101 858
Supported institutions	3 807 100	3 215 759	4 229 567	3 749 849	3 177 388	3 840 645	3 886 646	3 843 267	3 844 913	3 827 116
Total expenditure	8 386 079	7 441 576	8 297 125	7 938 293	7 294 582	6 675 946	6 684 016	6 476 803	6 501 301	6 921 439

	2011	2010	2009	2008	2007	2006
Protection of children and adolescents	4 1473	38 005	43 579	36 966	22 651	36 627
Development of children and adolescents	1 382 490	1 395 987	1 649 990	950 694	927 250	1 290 409
Individual case assistance	1 860 536	1 766 650	1 349 976	1 283 480	1 216 937	936 931
Supported institutions	3 825 597	3 736 801	2 833 025	2 543 082	2 344 381	2 291 971
Total expenditure	6 654 856	6 492 150	5 876 570	5 259 515	4 966 459	4 555 938

Data collection

Reply to paragraph 8

18.The “indicator sets” on sustainable development (from 2010) and on gender equality (from 2021) include indicators relating to the issues in the CRC (baccalaureate secondary school graduation rate of nationals and non-nationals, school dropouts in general and by nationality, reading ability of 15-year-olds, staff-student ratio, youth unemployment, enrolment, tertiary education).

19.Since the 2009/2010 school year, the Education Statistics have disaggregated school children by school level (incl. special education), gender, and citizenship. The data is updated regularly; additional disaggregation as called for under the CRC is possible only to a very limited extent for reasons of privacy protection. The planned poverty report in 2024 will disaggregate families affected by poverty. In addition, it should be noted that each office is obliged to document its actions. In this regard, each office prepares evaluations and statistics as part of its administrative reporting.

Independent monitoring

Reply to paragraph 9 (a)

20.See reply to question 2 (a).

Reply to paragraph 9 (b)

21.See reply to question 2 (a).

Reply to paragraph 9 (c)

22.Under the Children and Youth Act, the OSKJ mediates in cases of disagreement. By presenting complaints, suggestions, and petitions, it represents the interests of children and adolescents in relation to courts, public authorities, institutions, and child and youth organisations. It reviews implementation by the courts and the public administration of the CRC and its Optional Protocols as well as other international protection provisions for children and adolescents. It also maintains contact with regional and international monitoring bodies, reports to them, and may conduct its own investigations to fulfil its duties. In addition, it issues opinions on draft laws and ordinances and ratifications of international conventions that particularly affect children and adolescents. It also carries out public relations work within the scope of its responsibilities.

Reply to paragraph 9 (d)

23.As mentioned above, the OSKJ has 0.40 full-time equivalent positions at its disposal. The OSKJ operates under the umbrella of the VMR and is able to use its infrastructure. The VMR receives a contribution from the State of CHF 350,000 per year.

Dissemination, awareness-raising and training

Reply to paragraph 10

24.Teacher training is guided by the new “Liechtenstein Curriculum (LiLe)“ introduced in the 2019/2020 school year. The curriculum expressly refers to children’s rights in the subject Nature, Humans, Society. The goal is for the students to be able to express their own concerns and recognise political processes. In Cycle 2 (grades 3 to 6), this includes the following competence: Students can name the rights and duties of individuals in society. In Cycle 3 (grades 7 to 9), this competence is deepened by discussing and designing Children’s Rights Day and Human Rights Day according to these principles. Participation as an important right of the child is supported and implemented by School Social Work within the schools. The training of professionals who work with children is an important topic within the Administration. The following bodies deal with this on an ongoing basis: Round Table on Human Trafficking, Expert Group on Protection from Sexual Abuse, Threat Management Services, and the Violence Protection Commission.

Cooperation with civil society

Reply to paragraph 11

25.The involvement of civil society plays an important role, both internationally and domestically. The Office for Foreign Affairs (AAA), for instance, has been organizing for many years an annual NGO dialogue at which children’s rights are also addressed. The CRC and the Committee on the Rights of the Child were the focus of the NGO dialogue in 2019, at which Ms. Renate Winter, member of the Committee of the Rights of the Child, gave a presentation. The AAA is also active in organising and participating in events where it presents the CRC and its Optional Protocols and where it reports on new international developments. See reply to question 14 (b), 18 and 19 (b).

Child rights and the business sector

Reply to paragraph 12

26.Vocational training in Liechtenstein relies on the dual education system, in which training takes place in the apprenticeship company and at the vocational school. A large proportion of young people in training are in the private sector, mostly in small and medium-sized enterprises. There is an intensive exchange between the business associations and policymakers.

27.In this context, the Labor Act (LGBl. 1967 No. 006) and related protection provisions for children in the context of education and work are also worth mentioning. Furthermore, the Vocational Training Act (LGBl. 2008 No. 103) and the Vocational Training Ordinance (LGBl. 2008 No. 177) are also relevant and the Office for Vocational Training and Career Guidance exercises supervision over basic vocational training. Vocational trainers also have qualified professional training and appropriate pedagogical and methodological-didactic skills.

International cooperation

Reply to paragraph 13

28.Total ODA spending has increased by 5% since 2016, from CHF 24.2 million to CHF 25.4 million in 2021. Accordingly, significant efforts have been made to strengthen international solidarity. Despite increased spending, Liechtenstein achieved the same ODA share in 2019 as in 2016, namely 0.41%. This is due in particular to the extraordinarily high growth in gross national income (GNI). Because GNI in Liechtenstein is very volatile due to the strong economic links with foreign countries and the very high number of cross-border commuters (more than 20,000 persons), the Government’s options for actively controlling the ODA share through increased spending are severely limited. Nevertheless, the Government strives to increase the ODA share in the medium term.

B.General principles (Articles 2, 3, 6 and 12)

Non-discrimination

Reply to paragraph 14 (a)

29.Legal protection for girls and women against discrimination is guaranteed by the Gender Equality Act (LGBl. 1999 No. 096). The Act regulates the legal rights and possibilities of legal action of girls and women who are affected by discrimination in the workplace or in access to or supply of goods and services.

30.Also in other areas of life, Liechtenstein law ensures legal protection against discrimination. Of particular importance for effective legal protection against discrimination and multiple discrimination is the entry into force in April 2016 of the new § 283 of the Criminal Code (LGBl. 1988 No. 037, StGB), which contains a comprehensive prohibition of discrimination. While before the revision of that provision, only racial discrimination constituted a criminal offence, the new offence – punishable by imprisonment of up to two years – now also includes public incitement to hatred or discrimination on the grounds of language, nationality, ethnic origin, religion or ideology, gender, disability, age, or sexual orientation. The term “gender” covers not only women and men, but also transgender individuals and people with ambiguous sexual characteristics. It is also a criminal offence to refuse to provide a service intended to be provided to the general public to a person or group of persons on the grounds of the characteristics mentioned above. Prosecutors and judges have received continuing training on these legislative amendments.

Reply to paragraph 14 (b)

31.See reply to question 14 (a). The Violence Protection Commission (GSK) also dealt more intensively with the prohibition of discrimination in 2021. A campaign was launched on cyberbullying and respectful behaviour, especially for young people. Moreover, events organised by the Association of People with Disabilities are held in schools to raise awareness of impairments and forms of disability. At these events, children can ride in a wheelchair, for example, or a person with a physical impairment talks about how they experience everyday life and the environment and what obstacles they encounter. In cooperation between the Association of People with Disabilities and the Association for Assisted Living, an exhibition entitled “Encounter” (Begegnung), which was also aimed at school classes, was organised on the topic of physical and mental impairments.

Reply to paragraph 14 (c)

32.The social equality of persons with different sexual orientations and gender identities (LGBTI persons) is a challenge that affects a wide range of areas of public life. The VMR has also been active in the area of discrimination against LGBTI persons over the past two years. In September 2018, the VMR published a first analysis of the situation of LGBTI persons. In addition to a brief analysis of progress in equality so far, the report also highlights the need for action in legislation, including in particular access to marriage and adoption for same-sex couples, the right to donate blood for gay men, and the recognition of a third gender.

33.In January 2020, the VMR organised the first Round Table on the Situation of Young LGBTI People with representatives of various State and civil society actors from the fields of education and youth work. As part of this meeting, the current situation was assessed and further areas of action were defined. A further exchange took place in May 2021, with a special focus on the social environment of (young) LGBTI persons.

Reply to paragraph 14 (d)

34.Children and adolescents in Liechtenstein are sensitised at an early age not to make their education and career choice dependent on their gender identity or the stereotypes associated with it, but rather to let their decisions be guided by their inclinations, interests, and abilities. The transnational “Subject: Role Models” (betrifft : Rollenbilder) project, which was carried out in 2012 to 2014, aimed to broaden the spectrum of roles played by women and men in work and family life, counteract role stereotypes, and encourage young people, women, and men to embark on new and unusual paths. The interactive travelling exhibition created as part of this project has been shown at various schools in recent years. The accompanying workshops are very well attended.

35.A National Future Day has been held in Liechtenstein every year since 2012. At this event, girls and boys switch sides and get to know atypical fields of work and areas of life. The Future Day promotes gender equality in career choices and life planning at an early age. In August 2017, the pepperMINT experimentation laboratory was opened in Liechtenstein with the aim of getting both girls and boys excited about scientific and technical career paths. At the pepperMINT lab, STEM/MINT subjects are more strongly promoted already starting at the kindergarten level. Participation by school classes is voluntary and free of charge.

36.The first Liechtenstein education report will be published in 2023. One focus area will be the coronavirus pandemic and education, and a second will illuminate and establish a monitoring mechanism for the importance and development of STEM/MINT subjects.

37.In special education, the gender differences are considerable. The proportion of boys is substantially higher than that of girls. Other important indicators at the compulsory school level are the standard examinations conducted each year. Differences in performance between the sexes are examined, and appropriate measures are taken where necessary. With respect to career choices as well, various offers support young women in making a career choice that is independent of gender-specific stereotypes.

38.The revision of the Education Act requires that talks take place in eighth grade between teachers and students, with the involvement of parents, to provide a comprehensive assessment of the student’s situation. Building on this, individual support options are provided in ninth grade by the Office for Vocational Training and Career Counselling (ABB) in the form of project instruction and accompanying counselling. These are an important tool to shape the process of choosing a school and a career. The process also includes a self-assessment of the students, contributing to a more conscious career decision. In conversations with students and parents, teachers have the opportunity to point out stereotypical, gender-specific decision-making patterns and to draw attention to alternative educational paths.

39.Various support services also exist for young women when choosing a specific career. The online platform “www.next-step.li” presents all career opportunities available in Liechtenstein on a single website. The selection of teaching materials also pays attention to gender-sensitive presentation. One of the evaluation criteria for “good teaching materials” for publishers is the balanced communication of content with regard to gender. In addition, there are teaching materials that deal directly with gender equality, e.g. “you’re just as good!” (mach es gleich!), a learning portfolio on gender for students ages 12 and up.

Reply to paragraph 14 (e)

40.The working group referred to in question 14 (e) no longer exists in the form described. The GSK was established instead, with a primary focus not on social discrimination, but much more broadly on violence in the public sphere, especially extremism. Nevertheless, the topic of discrimination plays an important role in the work of the GSK, and nationwide campaigns have been carried out in this regard.

Best interests of the child

Reply to paragraph 15

41.The law on parents and children defines the concept of the best interests of the child, making it binding. Joint custody was introduced as the rule. The KJG, introduced in 2008, provides that professionals dealing with issues pertaining to children’s rights must coordinate their work with each other. The best interests of the child are at the centre of the work of authorities and organisations. See also reply to question 7.

Respect for the views of the child

Reply to paragraph 16 (a)

42.According to Article 5 of the Juvenile Court Act (LGBl. 1988 No. 039, JGG), a child attains the age of criminal responsibility at the age of 14. Before that age, a child cannot be questioned as a suspect or accused. Adolescents (14–18 years) are covered by the JGG, which provides special rules for the prosecution of juvenile offences.

43.Pursuant to § 105 StPO, every person is under an obligation to testify as a witness. This also applies to children, even when they are underage. General restrictions on the obligation to testify are set out in §§ 106–108 of the Code of Criminal Procedure (LGBl. 1988 No. 062, StPO). Witnesses have the right to have a person whom they trust present at the examination and the right to be advised, accompanied, and represented by the Victims Assistance Office (§ 115 StPO).

44.Children and adolescents have the right to be questioned only once and to be questioned subject to considerate and adversarial examination rules (§ 115a StPO). As a rule, the questioning is carried out by a person of the same sex and using technical means, so that there is no encounter with the suspect or accused. If the minor witness is the victim of a sexual offence, this type of examination is mandatory. Technical equipment for the transmission of audio and video is available at both the National Police and the Court of Justice and is used regularly.

45.The provisions in the Code of Civil Procedure (LGBl. 1912 No. 009.001, ZPO) corresponding to § 115a StPO are found in §§ 289a and 289b. If the subject matter of the civil proceedings is factually related to criminal proceedings, § 289a(1) ZPO provides that when a person who is a victim in such criminal proceedings within the meaning of Article 1 of the Victim Support Act (LGBI. 2007 No. 228, OHG) is questioned, the participation of the parties to the proceedings and their representatives in the examination shall be restricted, on their application, in such a way that they may follow the examination using technical equipment for the transmission of audio and video and exercise their right to ask questions without being present during the examination. If the victim is an underage minor, a suitable expert shall be appointed to question the victim on the subject matter of the criminal proceedings. The court may, on application, question a person in the manner described in paragraph 1 if the person to be questioned cannot reasonably be expected to testify in the presence of the parties to the proceedings and their representatives in light of the subject matter of the evidence and how the person is affected by that subject matter.

46.If the person to be questioned is a minor, the court may, pursuant to § 289b(1) ZPO, upon application or ex officio, refrain from questioning the person entirely or on individual issues if the examination would endanger the welfare of the minor, taking into account the minor’s mental maturity, the subject matter of the examination, and the minor’s close relationship to the parties to the proceedings.

47.Pursuant to § 289b(2) ZPO, the court may, upon application or ex officio, arrange for the examination to be conducted in the manner described in § 289a(1), where appropriate also by a suitable expert, if the best interests of the minor would not be endangered by the examination itself, but would be endangered by the examination in the presence of the parties or their representatives, taking into account the minor’s mental maturity, the subject matter of the examination, and the minor’s close relationship to the parties to the proceedings. The examination of the minor must be attended by a person whom the minor trusts, to the extent that doing so serves the minor’s interests (§ 289b(3) ZPO).

48.Articles 103a et seq. of the Non-Contentious Proceedings Act (LGBl. 2010 No. 454, AussStrG) govern custody and personal contact between parents and minor children (see in particular also Article 105 AussStrG).

Reply to paragraph 16 (b)

49.Teachers are provided with specialist knowledge in the course of their training. Class teachers are also supported in this process, in particular by the specialist for therapeutic education and School Social Work. Both are given the tools in their training to seek dialogue with children and to initiate the next steps where needed.

Reply to paragraph 16 (c)

50.Section V of the KJG governs the representation of the interests of children and adolescents. It states that children and adolescents must be involved in social decision-making processes at the national and municipal levels. Age-appropriate mechanisms for the participation of children and adolescents and involving them in the design of processes are also envisaged. To ensure this, draft legislation that affects children and adolescents in particular is sent to schools so that students can comment on it. In the case of public planning that affects the interests of children and adolescents, the State and municipalities must likewise publicly state how the project takes into account the interests of children and adolescents.

51.To further ensure the participation of children and adolescents, the Children and Youth Advisory Council (Kijub) was founded. This organisation representing the interests of all children and adolescents in Liechtenstein can also directly promote participatory projects that encourage co-determination by children and adolescents. Kijub is largely financed by the Government and donations. The board of Kijub is composed of members who are delegated by various Liechtenstein children’s and youth bodies. In addition to Kijub, Youth Participation Liechtenstein (jubel) is a platform for young people at the lower secondary level for networking across school classes, schools, and municipalities, both with other young people and with decision-makers in politics and business. jubel serves to give adolescents a right to participate in and help shape matters that particularly affect them. The class representatives of the Liechtenstein school classes are given the mandate to participate in jubel.

Reply to paragraph 16 (d)

52.The Youth Council is a platform for young adults between the ages of 15 and 28 who are interested in political issues and want to get involved. The Youth Council is organised as an association and aims to improve the participation of adolescents and young adults in Liechtenstein in the political process and to promote political education. Furthermore, the Youth Council aims, in a neutral way, to prepare young adults for voting and to encourage them to vote.

53.The Liechtenstein Children’s Lobby is a networking group of organisations and institutions that work with children and adolescents. It is organised and coordinated by the OSKJ. The Children’s Lobby was founded in 2012 and meanwhile has 24 members. The focus is on exchanging ideas and providing information about children’s rights. Each year, the Children’s Lobby chooses a topic relating to children’s rights and draws attention to it through various campaigns and an event on Children’s Rights Day. The guidelines of the Children’s Lobby and a list of member organisations can be found at www.oskj.li.

Reply to paragraph 16 (e)

54.A petition to lower the active voting age to 16 was submitted to the Liechtenstein Parliament by the Junge Liste (Young List) on 10 May 2021. Parliament referred the petition to the Government on 9 June 2021. In March 2022, the Freie Liste (Free List) party submitted a motion to Parliament requesting that Parliament mandate the Government to take the necessary measures to ensure that the active voting age of 16 can be exercised at the municipal and national levels. In May 2022, however, Parliament voted to reject this motion.

C.Civil rights and freedoms (Articles 7, 8 and 13–17)

Nationality

Reply to paragraph 17

55.According to Article 5b(1) of the Law on the Acquisition and Loss of Liechtenstein Citizenship (LGBl. 1960 No. 023, BüG), stateless persons are entitled upon application to be admitted to national and municipal citizenship if they were born in Liechtenstein, have been stateless since birth, and provide evidence of regular Liechtenstein residence of five years. Pursuant to Article 5b(5) BüG, a stateless, underage child is entitled upon application to be admitted to national and municipal citizenship if evidence is provided of regular Liechtenstein residence of five years, one year of which must have been immediately prior to the filing of the application. The child receives the citizenship of the municipality in which they last had their regular residence. The requirement of five years’ residence for naturalisation therefore continues to apply to stateless children.

D.Violence against children (Articles 19, 24(3), 28(2), 34, 37(a) and 39)

Corporal punishment

Reply to paragraph 18

56.The KJG ensures the right to non-violent child-rearing and declares corporal punishment, emotional injuries, and other degrading measures to be impermissible. The Child and Youth Welfare Bureau at the Office of Social Services (ASD) is mandated accordingly to ensure the non-violent treatment of children and adolescents in the family and in society. The legally enshrined prohibition of violence against children and adolescents applies equally to parents, guardians, and caregivers. There is also a statutory duty to report, which stipulates that any person who has a reasonable suspicion or knowledge of a serious violation or endangerment of the welfare of children and adolescents is obliged to report this to the ASD.

57.“Gewalt -FREI” (No Violence) – a multisectoral child and youth campaign for the prevention of violence in child-rearing – has been raising public awareness since 2021. In 2022, the Office of Social Services also concluded a service agreement with Pro Juventute Switzerland, which includes round-the-clock parental counselling. Through this service, parents can receive free and anonymous help 24 hours a day, 365 days a year in crisis situations by phone.

Freedom of the child from all forms of violence

Reply to paragraph 19 (a)

58.Liechtenstein criminal law already contains a large number of offences that criminalise all forms of violence. Due to the abstract nature of the criminal provisions, no distinction is made in principle as to whether the norm’s addressee is male or female. With the last major revision of criminal law, which entered into force on 1 October 2019, new criminal offenses were introduced and existing criminal offences were expanded. Many of these improvements are also relevant to the recommendations regarding the punishment of gender-based violence. A key element in connection with violence against women and children is the new offence of continuous use of violence (§ 107b of the Criminal Code, StGB). This criminalises violence perpetrated over a longer period of time, which is especially relevant in relationships. Acts of violence include physical abuse or acts against life and limb or against liberty. The protected legal interest is the freedom of the individual to lead a life without violence.

59.The extension of the aggravating causes set out in § 33(3) StGB make it possible to increase the punishment for committing an offence against family members. Under certain circumstances, the punishment of violent criminal acts is accordingly more severe. In addition, the Victim Support Act (OHG) forms the general legal basis for providing support to victims of offences. Under this Act, every person is entitled to support whose physical, mental, or sexual integrity has been directly and adversely affected by a criminal offence. Pursuant to the introduction of the OHG, a Victims Assistance Office was also established in Liechtenstein in 2008. It advises victims of offences and their family members and provides the necessary medical, psychological, social, material, and legal assistance in individual cases.

Reply to paragraph 19 (b)

60.Liechtenstein does not have an explicit action plan to protect children from all forms of violence. As a result of international obligations, Liechtenstein instead has a network of interlocking measures, supported and maintained by the authorities and NGOs entrusted with implementation of the Convention. Also noteworthy are the awareness-raising campaigns of the Violence Protection Commission (GSK) on cyberbullying, racism, and violence among young people, as well as training provided by the Expert Group on Protection from Sexual Abuse for professionals working with children.

61.In 2020, Liechtenstein concluded a service agreement with the Institute for Social Services Vorarlberg, Austria, for the provision of low-threshold and specialised counselling in the field of sexual abuse of children and adolescents. On behalf of the Expert Group on Protection from Sexual Abuse, continuing training on sexual abuse for all employees of out-of-home childcare is currently being provided on a systematic basis. The Expert Group on Protection from Sexual Abuse also serves as a contact point for professionals who have questions regarding sexual abuse. The Expert Group is likewise involved in the implementation of the provisions of the Lanzarote Convention.

62.The Ombuds Office for Children and Young People (OSKJ) regularly launches campaigns dealing with children’s rights, some of which fall within the scope of this question. In 2021 and 2022, the Office of Social Services (ASD) and the Office for Foreign Affairs (AAA) co-financed and participated in the nationwide OSKJ campaign “Gewalt -FREI” (No Violence) against violence in child-rearing. Social workers are also active in the schools, where their responsibilities include coming to terms with conflicts.

Reply to paragraph 19 (c)

63.According to Article 53(1) StPO, every public authority is required to file a criminal complaint regarding punishable acts that concern its legal sphere of action. Additionally, Article 20(1) KJG requires persons to report to the ASD who have a reasonable suspicion or knowledge of a serious violation or endangerment of the welfare of children and adolescents. Alongside abuse and other serious uses of violence, gross neglect, the threat of forced marriage, squalor, and addiction, sexual abuse is expressly enumerated as a case of serious violation or endangerment of the welfare of children and adolescents.

64.Anyone who does not comply with the duty to report a suspicion is liable to prosecution under Article 101(b) KJG. Anyone who has a well-founded suspicion or knowledge of a less serious violation or endangerment of the welfare of children and young people is entitled to report this to the Office of Social Services (Article 20(2) KJG). Persons who are subject to official or professional secrecy are released from that obligation in regard to the duty and right to report under Article 20 KJG (Article 22 KJG). In 2021, the Expert Group on Protection from Sexual Abuse’s mandate was expanded by including increased cooperation between authorities on implementation of the Lanzarote Convention, in addition to casework. See also reply to question 19 (b).

Reply to paragraph 19 (d)

65.Surveys and analyses are being expanded step by step by the Office of Statistics. Disaggregation, as called for by the UN Committee on the Rights of the Child, is strictly limited for reasons of privacy. Since 2013, the Victims Assistance Office has reported cases of sexual violence against children as a separate offence. Since 2014, victims of violence have been disaggregated by age group. Since 2018, sexual violence has been distinguished from other offences. Starting in 2020, the annual report of the National Police has disaggregated juvenile victims, perpetrators, and victims under the age of 14 in cases of domestic violence. See statistics in reply to question 42 (d).

Reply to paragraph 19 (e)

66.In the context of ratification of the Istanbul Convention, the protection of victims and witnesses was expanded by amending the Code of Civil Procedure and the Non-Contentious Proceedings Act in line with the Austrian model. This provides the possibility of separate examinations, the questioning of minors by experts, confidentiality of the residential address of victims and witnesses, and legal aid and procedural assistance in civil proceedings. See also reply to question 2 (a).

Abuse and neglect

Reply to paragraph 20 (a)

67.See reply to questions 19 (b) and (c).

Reply to paragraph 20 (b)

68.Under the KJG, children and adolescents, their parents, and other caregivers are entitled to support, such as therapy and placement in suitable facilities. According to Article 7(f) KJG, this support is provided in the event of use of violence, physical or psychological abuse, sexual abuse, or other sexual assaults against children and adolescents. The implementation of child and youth welfare is the responsibility of the Office of Social Services (ASD), subject to the jurisdiction of the Court of Justice.

69.The ASD is primarily responsible for official measures, especially in the area of child protection. Detection, protection, and follow-up mechanisms in case of child abuse and neglect, with a view to providing timely and effective protection, care, and services to the child, is an interdisciplinary process and encompasses the responsibilities of authorities, courts, and private service providers. The ASD has priority responsibility in this area. It receives reports of threats to the best interests of children, conducts enquiries, and initiates measures to safeguard the best interests of the child, for example in cases of imminent danger, provision of assistance outside of institutions, placements in suitable institutions or foster families, conditions and instructions, and custody applications to the Court of Justice. The Court of Justice decides on applications by the ASD that affect parental custody.

70.Liechtenstein has concluded service agreements with private providers for the provision of services and assistance to children and adolescents. These include socio-educational family support, socio-educational youth residential groups, work projects, counselling services, psychotherapy, supervised meetings, and relief services such as out-of-home childcare and family assistance. Children and adolescents, their families, and other caregivers are entitled to these services under the KJG.

71.The National Police has responsibilities relating to the criminal prosecution of individuals. It receives criminal complaints, conducts investigations, and forwards its report to the prosecution authorities. The Victims Assistance Office provides psychosocial and legal assistance to victims and financial assistance under the Victim Support Act. The child and adolescent psychotherapists and psychiatrists provide therapeutic support and trauma work.

Reply to paragraph 20 (c)

72.The Bureau for Sexual Matters and HIV Prevention is an institution whose sexual education work provides young people with the knowledge to engage in self-determined and responsible sexual behaviour. The Bureau advises and supports families in their approach to sexual education. love.li likewise provides sexual education and awareness-raising in the form of workshops for school classes, counselling, and lectures. These activities also make an important contribution to the prevention of sexual violence. As part of its projects on new media, the ASD has also addressed the danger of sexual abuse of children and adolescents. See also the replies to questions 19(b) and (c) in regard to sexual abuse and sexual exploitation of children.

73.The Liechtenstein Women’s Shelter, where mothers can be safe with their children, is a pillar to ensure protection against domestic violence. After every police intervention relating to domestic violence, the ASD invites victims and perpetrators separately, clarifies the situation, makes offers of support, and initiates official measures as needed.

Reply to paragraph 20 (d)

74.The ASD pursues all suspected cases of child or adolescent neglect and implements appropriate assistance in individual cases, regardless of the form of neglect.

Harmful practices

Reply to paragraph 21

75.The prevention and prosecution of gender-based violence is also served by the explicit criminalisation of female genital mutilation in the Criminal Code, which has been in effect since 1 June 2011.

E.Family environment and alternative care (Articles 5, 9–11, 18(1) and (2), 20, 21, 25 and 27(4))

Family environment

Reply to paragraph 22 (a)

76.Joint parental custody has been introduced as the rule in the event of separation; see reply to question 15. Within the framework of joint custody, parents are called upon to find a mutually agreeable arrangement. The court can also order mediation for this purpose. If an agreement between the parents cannot be reached, the court decides in accordance with the best interests of the child pursuant to § 137b of the General Civil Code (ABGB). Pursuant to Article 104(1) AussStrG, minors who have reached the age of 14 have party status in proceedings on care and upbringing or on the right to personal contact and may appear independently before the court. 41 applications for joint custody were filed in 2019, and 36 each in 2020 and 2021. 109 applications were approved, two were withdrawn, and two proceedings are still pending.

Reply to paragraph 22 (b)

77.With the reform of the law of parents and children, the best interests of the child must be taken into account as the guiding consideration in all matters concerning the minor child, in particular custody and personal contacts. A number of important aspects are stipulated by law for assessing the best interests of the child, such as care and a feeling of security, careful child-rearing, satisfaction of basic needs, and esteem. In addition to joint custody as the rule, there is also the possibility of court-ordered mediation in proceedings to determine custody or personal contact.

78.Liechtenstein provides for supervised meetings in which, by order of the Court of Justice or as an official measure to safeguard the best interests of the child, contacts between children and separated parents are accompanied by specialists. The target groups are children and parents from distressed family situations, in contentious separation or divorce situations, in the case of addiction, violence, or abuse problems, in the case of a mental illness of one parent, or in the case of suspected negative influence on the children. The focus is always on the well-being, interests, and safety of the children. The aim is to guide and support parents in the exercise of their right of contact and to enable children to establish or resume contact with the parent who is living separately. First-time maintenance agreements in which the amount of maintenance can be calculated exclusively on the basis of the percentage value method can be concluded at the ASD. They also constitute an executory title after court approval. For modifications of an existing maintenance agreement as well as in case of disagreement and where the percentage value method cannot be applied, the Court of Justice is responsible for determining maintenance.

79.To determine or enforce the child’s maintenance entitlements, the legal representative of the child can apply to the ASD for special counsel (see § 212 ABGB). In this case, the ASD represents the child’s interests in the maintenance proceedings in court free of charge. As soon as there is a legally binding court decision on the amount of maintenance, execution can be applied for, so that salary or assets can be garnished. If the enforcement proceedings are unsuccessful, an application for advance payment of maintenance can be filed with the Court of Justice. The maintenance contribution advanced by the State must be repaid by the person liable for maintenance. The State Treasury is responsible both for paying out advances and for collecting them.

Reply to paragraph 22 (c)

80.Promoting compatibility of work and family life continues to be an important concern for the Government, both from a social policy perspective and on the part of the business community. The number of working parents will likely continue to increase, especially working mothers. The 2018 Family Survey showed that young parents generally want to take care of their own children in the first year of their life. Parental leave in the child’s first year is to be facilitated by the introduction of paid paternity leave and extended parental leave in accordance with Directive (EU) 2019/1158 of the European Parliament and of the Council on work-life balance for parents and carers. The Government has appointed a working group and commissioned it to prepare a consultation report for this purpose.

Reply to paragraph 22 (d)

81.Single parents with one or more children and low-income households with two or more children are entitled to economic social assistance if their income falls below the social subsistence level. The single-parent allowance from the Family Compensation Fund of the Old Age and Survivors’ Insurance, Disability Insurance, and Family Compensation Fund (AHV-IV-FAK) institutions is not included as income. A single parent who receives economic social assistance can devote itself entirely to child-rearing until the child enters kindergarten at the earliest possible age and is not required to pursue employment. After the youngest child enters kindergarten, the parent is required to seek increasing part-time employment. Single parents and low-income households are entitled to child allowances from the Family Compensation Fund as well as monthly rent contributions and annual reductions in health insurance premiums indexed to their income. The prerequisite for this assistance is residence in Liechtenstein, without regard to nationality.

Reply to paragraph 22 (e)

82.The poverty report is expected to be published in 2024.

Reply to paragraph 22 (f)

83.In its judgment of 10 May 2021 (StGH 2020/097), the Constitutional Court annulled Article 25 of the Registered Partnership Act (LGBl. 2011 No. 350, PartG) as contrary to both the European Convention on Human Rights (LGBl. 1982 No. 060.001, ECHR) and the Liechtenstein Constitution. Article 25 PartG provided that persons living in a registered partnership were not eligible to adopt children or to use reproductive medical procedures. The Constitutional Court ruled that the impermissibility of stepchild adoption for same-sex couples in Liechtenstein violated Article 8 in conjunction with Article 14 ECHR, given that stepchild adoption in Liechtenstein was possible only for heterosexual couples, not for same-sex couples. The legal effect of the annulment of this provision was postponed by one year after the decision was announced, so that prompt action by the legislative power was called for. Implementing Constitutional Court ruling 2020/097, a legislative proposal was drafted that legally enshrines stepchild adoption for registered partners and cohabiting partners by way of amendment to the Registered Partnership Act and the General Civil Code. Joint adoption by registered partners (third-party adoption) and successive adoption (adoption of a child already adopted by a registered partner) are to remain prohibited.

Reply to paragraph 22 (g)

84.Liechtenstein has not yet acceded to the Convention on the Civil Aspects of International Child Abduction. There are currently no plans to ratify this convention.

Children deprived of a family environment

Reply to paragraph 23 (a)

85.Assistance provided outside of institutions and family support measures are used to avoid institutionalisation of children wherever possible. The assistance provided includes socio-educational family support, psychotherapy, day care centres and other forms of out-of-home day care, family assistance, and School Social Work. To counteract later institutionalisation at as early a stage as possible, early assistance measures were expanded in 2021. These measures support families of children up to the age of six so as to prevent negative developments.

Reply to paragraph 23 (b)

86.The ASD regularly screens applicants for foster children, verifies that the requirements for a foster care relationship are met, and monitors compliance with standards after the child has been placed. Foster parents receive appropriate compensation and, where needed, supervision and guidance. Foster care relationships are subject to official oversight. Children with disabilities may also be placed with foster families. A placement with a foster family requires a prior decision by a judge, on the basis of which the ASD makes the placement.

Reply to paragraph 23 (c)

87.Liechtenstein offers a residential care facility for 12- to 18-year-olds. This is a socio-educational residential group with seven spots. The ASD conducts regular situation assessments with all the young people placed in the residential group. Regular discussions are also held with the facility, and the ASD carries out unannounced oversight visits.

88.To facilitate compatibility of work and family life, there are 31 out-of-home childcare facilities in Liechtenstein offering voluntary childcare for a fee for a maximum of 60 hours per week. These childcare facilities are also under the ASD’s State oversight and are subject to quality control through regular meetings and unannounced oversight visits.

Reply to paragraph 23 (d)

89.Although care relationships for foster children formally end when the child reaches the age of majority, the former foster children are supported by the ASD on the basis of the KJG until they are able to support themselves, at the longest until they reach the age of 25. As a rule, they remain in the foster family until the end of their vocational training.

Children of incarcerated parents

Reply to paragraph 24

90.Visitation rights are guaranteed and were restricted during the Covid-19 pandemic only to the extent that visits were permitted only behind glass. Mostly only prisoners awaiting trial, prisoners awaiting extradition, and prisoners awaiting deportation are incarcerated in Liechtenstein. Convicts sentenced by Liechtenstein courts are transferred to Austrian prisons for the execution of sentences and are subject to the rules of the Austrian corrections system.

F.Children with disabilities (Article 23)

Reply to paragraph 25 (a)

91.The provisions to this effect are implemented in the Disability Equality Act (LGBl. 2006 No. 243, BGlG). The Disability Equality Act aims to prevent, reduce, and/or eliminate disadvantages for people with disabilities and to create conditions making it easier for people with disabilities to participate in social life. With regard to new buildings, the requirements are implemented consistently, always involving the Association for People with Disabilities. Article 10 BGlG prohibits workplace discrimination against people with disabilities. Liechtenstein has chosen not to implement a quota requiring companies above a certain size to employ a certain number of people with disabilities.

Reply to paragraph 25 (b)

92.Liechtenstein’s Education Strategy 2025 considers inclusion to be part of its mission. The Liechtenstein education system focuses on equal opportunity and inclusion. Inclusion in schools means a culture in which heterogeneity and diversity are seen as an enrichment and an opportunity for constructive cooperation. School management and teachers are given the opportunity to receive continuing training in this field. Training at teacher training colleges also focuses on conveying an inclusive approach to specialist and regular teachers.

93.A new support concept was developed in 2021. To support the inclusive pedagogical approach, a wide range of support measures are available in kindergarten and compulsory education, from differentiated classroom instruction to individualised measures such as therapeutic education, speech therapy, and early education. The involvement of specialists in multiprofessional teams is a key condition for success. Children and adolescents with talents and gifts are promoted just as much as those with difficulties, whether cognitive, linguistic, physical, or socio-emotional. A recent paper provides guidance on compensating disadvantages.

Reply to paragraph 25 (c)

94.In Liechtenstein, free integrative special education is available in all municipalities, given that the school buildings are built or equipped to meet the needs of students with disabilities. Children with disabilities are accordingly able to attend school in their place of residence. Children whose parents decide to enrol them in the only specialist school at the Therapeutic-Educational Centre (HPZ) can use a free transportation service. The child is picked up at home, driven to school, and driven home at the end of the school day. The driving service can also be used for integrative schooling, where needed. If necessary, the child can also be sent to a special school in a nearby country, usually Switzerland.

95.On 1 January 2010, the AHV-IV-FAK institutions introduced a care and nursing allowance. The allowance helps defray costs arising from necessary care and nursing services provided in individual cases at home by third parties for health reasons.

96.The ASD is the supervisory authority for out-of-home childcare, day care centres, day structures, and playgroups. In 2021, a children’s book in easy language was provided free of charge to childcare facilities. The book, “Linus and the Kakapo”, had won the Liechtenstein Equal Opportunities Award in 2020, portraying the everyday life in Liechtenstein of a boy with impairments and highlighting challenges for children with impairments and their families. With this publication, the authors aimed to contribute to the realisation of the SDGs, specifically SDG 4 “Education for all”. The book was distributed to the childcare facilities together with a letter sensitising the facilities to the needs of children with special childcare needs. The letter also drew attention to the importance of providing play materials for children with special as well as different needs, and to familiarise caregivers and children with this topic. The HPZ’s residential group for children established in 2011 has been discontinued, so that no special care facilities with special needs exist in Liechtenstein. Instead, children are provided with care either in their family environments or as part of regular childcare.

Reply to paragraph 25 (d)

97.The HPZ set up a project group for early autistic spectrum disorder up to the age of six. Testing tools, progress tools, and a parent stress questionnaire were established. HPZ staff were also trained on autistic spectrum disorder. Support in the last two project years has been financed by a donation, not public funds.

98.In 2021, the Office of Social Services and the Office of Education received the book “Grüne und Rote Klingel” (Green and Red Bell) published by the Ares Foundation, discussing early detection of autistic spectrum disorder. Specifically, early screening for autistic spectrum disorder is to be instituted for children up to the age of three. The book was made available free of charge to Liechtenstein institutions working with children to raise awareness.

99.With regard to children with learning difficulties, the Office of Education issued guidance on compensating disadvantages in the school system in 2021. According to the guidance, measures to compensate disadvantages are intended to give students with demonstrated impairments the opportunity to make full use of their potential despite the impairment. Possible measures include visual-optical measures, auditory measures, haptic-motor measures, alternative measures, temporal measures, spatial measures, and conversions from oral to written examinations and vice versa. Such compensation for disadvantages in the case of learning difficulties is also provided in vocational training. Because Liechtenstein does not have its own vocational schools, and learners instead attend schools in Switzerland or Austria, the Swiss and Austrian arrangements apply. Both Switzerland and Austria have possibilities for compensating disadvantages in vocational training.

Reply to paragraph 25 (e)

100.As stated in the reply to question 2 (a), Liechtenstein has signed the UN Convention on the Rights of Persons with Disabilities. To properly implement the Convention on the Rights of Persons with Disabilities, several legislative adjustments are required. As a first step, the necessary amendments to the AussStrG, the VMRG, the Statistics Act, and the Public Information Act are to be adopted. Adjustments relating to legal capacity, the law on guardians, and the execution of measures are to be carried out in the medium to long term as part of planned legislative reforms.

GBasic health and welfare (Article 6, 18(3), 24, 26, 27(1)–(3) and 33)

Health

Reply to paragraph 26 (a)

101.The cause of death statistics of the Office of Statistics show only very few deaths in the age group of zero to nine years. In the years 2011 to 2020, there were a total of 14 deaths, from zero to a maximum of four children per year. Because of the low number, no statistically significant conclusions can be drawn about the causes of death. If causes of death were indicated, it would also be possible to infer the identity of individual cases, which is why the figures are not published. Most of the children who died – namely 12 of the total of 14 – were below the age of one. Across all years of observation, the diagnosis “Extreme immaturity of newborn” (ICD-10 code P07.2) is the most frequent in that age group.

Reply to paragraph 26 (b)

102.According to an analysis for 2018, 15.6% of children and adolescents in Liechtenstein are considered overweight across all school levels, of which 3.8% are obese. At preschool age, the share is 10.5%, at primary school age 21.6%, and at secondary school age 16.0%. Outpatient multiprofessional group therapy programmes for overweight and obese children and adolescents are covered by health insurance.

Reply to paragraph 26 (c)

103.In 2014, half of the children in Switzerland were breastfed for at least 30.5 weeks (median duration) after birth (supplementary drinks and foods possible). The other half was breastfed for less than 30.5 weeks. 50% of the children were fed exclusively by breast milk for a median of 12 weeks. Given the similar institutional conditions, it can be assumed that these figures are transferable to Liechtenstein.

104.According to a health survey conducted by the Office of Statistics in 2017, nearly 50% of the respondents indicated that their first child had been breastfed for at least four months. About one quarter of the children were breastfed for less than four months, and another quarter not at all. In light of the small absolute number of respondents to this question, however, the responses showed a high variance and were accordingly not published.

Reply to paragraph 26 (d)

105.According to the reporting system of the Swiss Federal Office of Public Health, there were a total of seven cases of HIV infection in Liechtenstein from 2012 to 2021, between zero and a maximum of two cases each year. In the whole of Switzerland as well as in Liechtenstein, HIV infections affected children only in sporadic individual cases during this period. The topic is accordingly not of great relevance in Liechtenstein.

Reply to paragraph 26 (e)

106.As part of the ESPAD (European School Survey Project on Alcohol and Other Drugs) study, the consumption habits of 15-year-old adolescents in Liechtenstein were surveyed most recently in 2017. 18% of respondents stated that they had not drunk any alcohol in the past year. About 72% said they had drunk alcohol on at least one occasion. 42% indicated that they had never consumed a cigarette in their lives, while the rest responded that they had smoked cigarettes at least once in their lives. About 90% said they had not used cannabis at all, or at most once or twice, in the past year. The rest of the respondents responded that they had used cannabis more often. For other illicit addictive substances, the lifetime prevalence was a maximum of 1.8%.

107.Since 1998, special attention has been paid in Liechtenstein to addiction prevention. This structured and coordinated work is carried out under the name “Addiction Prevention Liechtenstein”, pursuant to a mandate by the Commission on Addiction. The website www.suchtpraevention.li explains current addiction prevention projects and programmes in Liechtenstein, aimed at children and adolescents in a wide variety of situations. The focus is on prevention of behaviour addictions alongside substance-related addictions (both legal and illegal addictive substances).

108.Young people at risk of addiction and their parents can contact the Child and Youth Service of the Office of Social Services free of charge for an initial consultation. After an initial assessment, outpatient, partial inpatient, or inpatient support is initiated as needed and if the young person is willing. Doctors and therapists also serve as contact persons for addiction issues.

Reply to paragraph 26 (f)

109.On prevalence, see reply to question 45 (c). Health insurance is free for children up to the age of 16 and greatly reduced for adolescents up to the age of 20, namely half the adult premium with no cost sharing. Doctors are directly accessible to affected persons, and psychotherapists on a doctor’s order. At the end of 2021, due to the identified need and also as a result of the Covid-19 pandemic, an additional position for child and adolescent psychotherapists was approved, increasing the number from four full-time positions to five.

Reply to paragraph 26 (g)

110.The revision of the Criminal Code (StGB) in 2015 made adjustments to the provisions governing abortion. Especially relevant are the abolition of the principle of extraterritorial jurisdiction under § 64(1)(8) StGB, the decriminalisation of abortion by pregnant women (under certain conditions) through the amendment of § 96(3) StGB, and the introduction of additional grounds for justification of abortion through the amendment of § 96(4)(1) StGB. A pregnant woman who has an abortion performed is no longer subject to criminal prosecution if the conditions set out in the StGB are met. The adjustments required by Recommendation 36 (a) are already partially fulfilled by Liechtenstein law. According to § 96(4)(1) StGB, an abortion is permissible to avert a serious danger to the life or serious damage to the health of the pregnant woman that cannot be averted otherwise, or if the pregnant woman was underage at the time of conception, or if in respect of the pregnant woman a rape or sexual assault was committed and the pregnancy is the result of such an act. Abortion is also permitted if the pregnancy is the result of sexual abuse of a defenceless or mentally impaired person. Further liberalisation of the legal regime on punishable abortion is not currently envisaged.

Reply to paragraph 26 (h)

111.Liechtenstein follows the Swiss regulations and does not specifically regulate access to contraceptives itself.

Environmental health

Reply to paragraph 27 (a)

112.Due to human activities, emissions are released into the air as well as into water or soil. Liechtenstein’s environmental protection legislation establishes criteria for the protection of the public, taking into account the impact on health and the environment. The criteria are determined taking into account the higher vulnerability of the most threatened populations, especially children. The thresholds set out in Liechtenstein legislation are mostly in line with the international recommendations.

Reply to paragraph 27 (b)

113.Environmental protection legislation in principle requires the best technically feasible solutions. This strategy aims to achieve a high standard of environmental protection across the board that benefits all sections of the population.

Reply to paragraph 27 (c)

114.The curriculum since the 2019/2020 school year has included the new module “Education for Sustainable Development”, guided by the basic principles of sustainable development. At the initiative of the Office of Education, the myclimate non-profit foundation is carrying out a major education project in Liechtenstein from 2019 to 2024. For the first time, children and adolescents in an entire country will be sensitised to the topics of sustainability and climate protection and motivated to make a contribution. The project entitled “Energy and Climate Pioneers Liechtenstein” offers all classes from kindergarten to baccalaureate school (Gymnasium) the opportunity to work on climate and energy in a manner appropriate to each level and curriculum. As part of this project, young people are encouraged to discover their creativity by developing and implementing class projects to protect the climate and the environment. The project offers direct support to teachers in implementing parts of the “Education for Sustainable Development” module of the curriculum.

H.Education, leisure and cultural activities (Articles 28–31)

Reply to paragraph 28

115.Rates of school attendance are compiled only up to the age of eight and only for both sexes together, but this is irrelevant given that the rates are close to 100%.

Rates of elementary and primary school attendance by age, 2015–2019

Age	2015	2016	2017	2018	2019
5 years (elementary)		99.7	98.3	100.0	98.4
6 years (elementary and primary)		100.0	100.0	100.0	100.0
7 years (elementary and primary)	100.0	100.0	100.0	100.0	100.0
8 years (elementary and primary)	100.0	100.0	100.0	100.0	100.0

116.No official data exists on school dropout and its causes. Only in the census is data available on the percentage of school and vocational training dropouts, which indirectly encompasses school and vocational training dropouts after completion of lower secondary education: These statistics count people between the ages of 18 and 24 who have completed no more than lower secondary education and are not enrolled in any education or training in the context of the school system, adult education, or a workplace.

117.The share of school dropouts (age 18 to 24) by citizenship is very low among students with Liechtenstein citizenship, falling from 5.7% in 1990 to 2.6% in 2015. The share of school dropouts (age 18 to 24) among students with foreign citizenship is significantly higher than that of Liechtenstein students; however, it fell much more sharply from 1990 to 2015, namely by 64.5%.

118.The annual report of the Office for Vocational Training and Career Counselling (ABB) compiles the dropout figures for basic vocational training, but these dropout figures do not imply that vocational training is abandoned entirely. Rather, it can be assumed that the majority of dropouts either are still able to obtain an apprenticeship position in their desired occupation or complete the same training at a different company. The terminations of apprenticeship agreements presented in the ABB annual reports are not broken down by gender or migration background. The contract terminations also indicate that the pursuit of a given apprenticeship occupation – or an apprenticeship in general – is only the second choice for some young people. Between 2010 and 2018, an average of 76.8% of the contract terminations were initiated by the apprentice and only 6.8% by the company, with a long-term average of 14.9% initiated mutually. The overall termination rate for apprentices from Liechtenstein averaged 8.8% of all apprenticeship agreements between 2011 and 2018.

Reply to paragraph 28 (a)

119.The universal and compulsory education required under Article 16(2) of the Liechtenstein Constitution (LGBl. 1921 No. 015) provides equal access to education that, pursuant to Article 16(3) of the Constitution, is free of charge for all pupils residing in Liechtenstein. Almost all children attend public school. In principle, the very small classes compared to other countries and the favourable teaching and learning environment offer the best conditions for individual support of children and adolescents with a migration background. A long-standing goal of the education system continues to be the promotion of horizontal and vertical permeability of the system, which aims in particular to enable children from socioeconomically weaker households and children with a migration background to advance in education.

120.During the Covid-19 pandemic, Liechtenstein schools had the shortest period of remote instruction compared to other countries. Empirical studies show that the achievement gap between children with and without a migration background widens more during remote instruction than during in-person learning. In addition, all students in Liechtenstein were provided with tablets (in primary schools) and laptops (in secondary schools) to make remote learning easier to manage and to promote important digital skills.

Reply to paragraph 28 (b)

121.Liechtenstein’s Education Strategy 2025 set the goal of creating standards for early childhood education. In the 2022 annual planning, the Integration Strategy also formulates integration measures for early childhood. For more than 25 years, the intensive German as a Second Language course has helped to integrate newly arrived children and adolescents into the school system from the start. The youngest pupils are eight years old and the oldest 18. Children younger than eight are placed immediately in a first grade or kindergarten class at their place of residence. In a one-year course (34 hours per week), the children and adolescents learn the national language and receive instruction in other school subjects. They also learn a lot about the culture, country, and people of Liechtenstein before they are integrated into the regular classes. To support their educational success, children with a migrant background also benefit from the entire range of support services offered by the schools. These include therapeutic education teachers, School Social Workers, and school psychologists. Day schools are another important service for risk groups, offering homework support and other assistance.

Reply to paragraph 28 (c)

122.With respect to career choices, various offers support young women in making a career choice that is independent of gender-specific stereotypes. In specifically designated class lessons, teachers at the lower secondary level prepare young people for their career choice. In July 2010, the “Redesigning 9th grade” project was launched. The goal is to optimise the transition from compulsory schooling to further education and training. See also reply to question 14 (d).

Reply to paragraph 28 (d)

123.Learning social competences (ability to engage in dialog and cooperation, ability to deal with conflict, dealing with diversity) is an important point of the Interdisciplinary Competences module in the curriculum. These competences are promoted by the teacher at each level, with the support of programmes for socio-emotional development as needed. In addition, School Social Work can be asked for advice and support. School Social Work is established at all secondary schools and is being set up at the municipal schools.

124.In cases of bullying, for example, School Social Work implements the “No Blame Approach”, and “fighting games” are used upstream. School Social Work relies on low-threshold presence on site, able to recognise signs of violence or bullying at an early stage. School Social Work is visible and available as a contact. The School Psychological Service and School Therapeutic Education can also be consulted. If the best interests of a child are at risk, procedures are in place to provide guidance to teachers.

125.In 2015, a survey was conducted on violence in schools. According to the survey, physical and psychological violence is rarely observed; all mean values lie between “never” and “rarely”. Differences in the perception of violence between socially privileged and socially disadvantaged children are also relatively small.

Reply to paragraph 28 (e)

126.At the beginning of 2018, a nationwide Coordination and Advisory Office for the Promotion of Early Childhood Development was established. It is the mandated body responsible for early childhood development in Liechtenstein. Its task is to provide support, advice, coordination, information, and awareness-raising relating to early childhood. Target groups are parents, families, professionals, institutions as well as municipalities and municipal institutions. In 2020, the office was expanded and tasked with the further development of early assistance to families with children up to the age of six, including in particular individual support for families with multiple burdens and increased need for counselling. The office is also responsible for conducting home visits for families with young children between the ages of two and four to strengthen parenting skills and for conducting low-threshold parent meetings. A Family Portal was also set up, a digital platform to provide information about useful and interesting services relating to family life in Liechtenstein. The portal provides information, course and event schedules, early support services, a family guidebook, as well as care and counselling services for families.

127.Socio-educational family support is also offered to promote early childhood development. As a family outreach service commissioned by the Office of Social Services to provide counselling on child-rearing, it becomes active where families are in stressful situations and adequate care and support for children and adolescents is not guaranteed. The Liechtenstein Red Cross also offers a free Counselling Service for Mothers and Fathers, providing counselling over the phone, during home visits, and in person at the counselling centres in the municipalities. Each municipality has its own counselling centre. Support is provided to all parents and caregivers of infants and toddlers up to the age of five on topics such as breastfeeding, nutrition, care, development, child-rearing, and parenting roles. The Office of Education organises get-to-know-you events before kindergarten entry.

Rest, leisure, recreation and cultural and artistic activities

Reply to paragraph 29 (a)

128.Children of kindergarten and primary school age in principle have enough free time at their disposal. Access to a wide range of sporting, social, cultural, and artistic and musical clubs is very good. Schools and most parents are aware of the importance of play and leisure for healthy development. In contrast, intensively pursued hobbies often leave little time for free play, which in turn can lead to stress. Conversely, some children are left too much to themselves or to screens in their free time. Some children also have to study a lot for school in their free time, for example because their school performance is inadequate. Homework can also take up a lot of time. To ensure that there is enough unscheduled time, an unwritten rule for homework exists: 10 minutes in 1st grade, 20 minutes in 2nd grade, 30 minutes in 3rd grade, and so on, as well as no homework on weekends. There is also an unwritten rule for sports clubs and musical instruments: No more than 1 hour of sports plus 1 hour of musical instrument per child. Learning and time pressure is considerably greater at the secondary school level, however, with a high number of lessons, especially in the Realschule and Gymnasium secondary schools.

Reply to paragraph 29 (b)

129.An online survey conducted by the Liechtenstein Institute in June 2021 gives insight on how children and adolescents experienced the Covid-19 pandemic. The survey shows that the vast majority of young people are satisfied with their lives and did not perceive the Covid-19 pandemic as a major burden. As expected, the pandemic had an impact on leisure and sports behaviour. 60% use social media more often than before the pandemic, while conversely 68% were less able to make use of cultural activities such as movies, theatre, and concerts. The results are less clear on other questions. For example, about a quarter of children and adolescents said they were doing less sports at the time of the survey than before the first wave of the pandemic, while 29% were doing more sports. According to their own statements, the Covid-19 measures restricted the sports behaviour of male adolescents somewhat more than that of female adolescents. Conversely, male adolescents are in general more active in sports than female adolescents.

130.The Liechtenstein Institute’s November 2021 study entitled “Sport and physical activity behaviour of young people in Liechtenstein” also showed that there are many low-threshold sport offerings in Liechtenstein, including youth sports camps, open gyms for children and adolescents, the loan of a pump track for schools and municipalities, as well as sporting events such as Olympic Day and similar events at schools.

Reply to paragraph 29 (c)

131.According to Article 57(5) of the Construction Act (LGBl. 2009 No. 44, BauG), suitable areas and equipment for play and recreation for users must be provided in residential developments and evidence thereof demonstrated in landscaping design. See also reply to question 16 (c), in particular with regard to the KJG, which provides for the participation of children and adolescents in social decision-making processes at the national and municipal levels. In Liechtenstein, the municipalities of Eschen, Mauren, and Ruggell have also been awarded the label “Child-friendly municipality” by the UNICEF Liechtenstein/Switzerland Committee. With this label, the municipalities ensure that the perspective of children is taken into account in the municipalities.

I.Special protection measures (Articles 22, 30, 32, 33, 35, 36, 37(b)–(d) and 38–40)

Asylum-seeking and refugee children and children in situations of migration

Reply to paragraph 30 (a)

132.Asylum-seeking children and unaccompanied minor asylum seekers are cared for and accommodated by the organisation entrusted with accommodation and care, the Liechtenstein Refugee Assistance Association (FHL). Accommodation is provided in the reception centre in Vaduz and other suitable properties. Families with children and unaccompanied minors are accommodated separately from men travelling alone. Asylum-seeking children, whether accompanied or unaccompanied, are subject to compulsory schooling and are able to attend kindergarten or school. If an unaccompanied minor applies for asylum, the Migration and Passport Office (APA) immediately informs the Office of Social Services (ASD).

133.For minors under the age of 16, the ASD appoints a person of trust for the duration of the asylum procedure, but no longer than until the appointment of a guardian or until the minor reaches the age of majority. The person of trust accompanies and supports the unaccompanied minor during the asylum procedure. This does not include legal matters in the asylum procedure. Minors over the age of 16 are cared for by the FHL, unless the ASD objects. For each minor, the ASD assesses whether the accommodation situation is appropriate given the individual circumstances. The Children and Youth Service of the ASD is responsible for aspects of child and youth protection relating to all children residing in Liechtenstein.

134.Coercive measures pertaining to all foreign nationals, including deprivation of liberty, are governed by the Foreigners Act (LGBl. 2008 No. 311, AuG). According to Article 60(2) AuG, ordering detention is impermissible against children who have not yet reached the age of 15. It must also be examined in each case whether the order of detention is proportionate (Article 60(1a) AuG), i.e. whether less severe measures would suffice. For minors between 15 and 18 years of age, a shortened detention period of a maximum of three months applies compared to a maximum of six or 18 months for adults. In Liechtenstein, no minor has been detained on the basis of the Foreigners Act in the last 10 years. Detention under the law governing foreigners is seen as an absolute last resort for minors. According to Article 62(5) AuG, when minors and families with children are detained, they must be granted special conditions of detention, such as separate accommodation which guarantees an adequate level of privacy, opportunities to engage in leisure activities, and access to education. They must be accommodated in facilities which meet their needs, and the best interests of the child take priority.

Reply to paragraph 30 (b)

135.The Government adopted Liechtenstein’s Integration Strategy 2021 with its six fields of action: 1. Information, Communication, and Advice; 2. Language; 3. Education and Work; 4. Coexistence, Religion, and Sports; 5. Law and the State; and 6. Equal Treatment, Anti-Racism, and Anti-Discrimination. The Integration Strategy forms the basis for the elaboration of an action plan. Especially in Education and Work, measures are adopted to improve the integration of all children with a migration background, including asylum-seeking children. This includes early childhood development and the education system as a basis for fair educational opportunities for all children and adolescents. In the fourth field of action – Coexistence, Religion, and Sports – diversity and tolerance are promoted in the individual strategy goals. Starting in 2022, the Government will adopt annual action plans prioritising individual fields of action. Asylum-seeking children also fall under the care of the FHL.

Reply to paragraph 30 (c)

136.All migrants with regular residence in Liechtenstein are registered and receive an identity card on which their residence status is noted. Every newborn is automatically registered upon receipt of the birth notification and also receives an identity card on which the child’s residence status is noted. In certain cases, such as recognised refugees, the Migration and Passport Office (APA) also issues relevant travel documents. Stateless persons under the age of 21 are entitled to national and municipal citizenship if they were born in Liechtenstein, have been stateless since birth, and provide evidence of regular Liechtenstein residence of five years (§ 5b BüG).

137.Access to identity or residence documents is clearly regulated, and the steps necessary to obtain or renew such documents are transparently available online. All asylum seekers, including children, receive an identity card during the procedure that provides information about their legal status. Access to welfare benefits and health care for asylum seekers is governed by the Asylum Act. Asylum seekers receive welfare benefits, living allowances, accommodation, and payment of the premiums and cost-sharing under compulsory health insurance.

138.All persons with regular residence in Liechtenstein are granted non-discriminatory access to medical care, education, and social security. Irregular migrants are in principle not entitled to social benefits. However, certain benefits are provided within the framework of return proceedings, such as schooling for minors and emergency medical care in accordance with Article 52b(2) of the Foreigners Act.

Reply to paragraph 30 (d)

139.Under Article 12(1) AsylG, a curator for the asylum procedure is immediately appointed for unaccompanied minor asylum seekers, who represents the legal interests of the minor and also serves as legal aid counsel. All persons up to the age of 18 are considered minors. Article 12(2) AsylG provides that the Government shall issue further procedural provisions for unaccompanied minors in the Asylum Ordinance (LGBl. 2012 No. 153, AsylV). According to Article 24 AsylG, minor asylum seekers are subject to compulsory schooling and are required to attend kindergarten, primary or secondary school. School attendance begins no later than 30 days after filing the asylum application. The special procedural provisions for minors are set out in Article 9 AsylV.

140.When an unaccompanied minor files an asylum application, the APA immediately informs the ASD. For minors under 16 years of age, the ASD appoints a person of trust for the duration of the asylum procedure, but no longer than until the appointment of a guardian or until the minor reaches the age of majority. The person of trust accompanies and supports the unaccompanied minor during the asylum procedure. This does not include legal matters in the asylum procedure. Minors over the age of 16 are cared for by the FHL, unless the ASD objects. For each minor, the ASD assesses whether the accommodation situation is appropriate given the individual circumstances. The Children and Youth Service of the ASD is responsible for aspects of child and youth protection relating to all children residing in Liechtenstein. The ASD provides support to recognised refugees, who receive economic social assistance, help, and support in finding housing or work, and the costs of German courses.

Reply to paragraph 30 (e)

141.In the case of recognised refugees, family reunification is possible pursuant to Article 39 AsylG. Family members of refugees are accordingly also granted asylum if the family has been separated by flight and wishes to reunite in Liechtenstein. Minor children are considered family members, regardless of whether they are legitimate or illegitimate children. Liechtenstein also complies with the provisions of the Dublin III Regulation (LGBl. 2013 No. 268) for minor asylum seekers and the family unit.

142.Family reunification for unaccompanied and separated children is handled differently under the Free Movement of Persons Act (LGBl. 2009 No. 348, PFZG) and the AuG: Under Article 32 AuG, a minor child with third-country nationality and residence status has no possibility to bring their parents to Liechtenstein through family reunification. Family reunification would then be possible only abroad. Cases in which this is not possible or reasonable are not considered in the AuG.

Reply to paragraph 30 (f)

143.All asylum seekers and all migrants are registered in the Central Register of Persons. The statistics on asylum seekers are broken down according to age, gender, civil status, origin, and accompanied or unaccompanied status. This makes various evaluations possible. Several reports are also compiled annually, e.g. as part of the Government’s accountability report and the reports of the Office of Statistics.

Child justice

Reply to paragraph 31 (a)

144.Violent offences by children and adolescents are generally not a major issue in Liechtenstein, given that they occur extremely rarely. In this regard, it is important to point out that there is no organized child and youth violence in Liechtenstein. In recent years, there was a group of adolescents who gathered at a newly created village square, where they attacked other adolescents and marginalised people. In some cases, this resulted in bodily harm, some of it serious. This phenomenon was brought to an end through repressive measures under criminal law and an increased police presence.

Reply to paragraph 31 (b) and (c)

145.Pre-trial detention is governed by §§ 127–142 of the Code of Criminal Procedure (StPO); for adolescents, the provisions are limited by § 19 of the Juvenile Court Act (JGG) (14 to 18 years of age, before which children are considered to be below the age of criminal responsibility and may not be detained; see §§ 2, 5 JGG). In principle, a judicial arrest warrant must be issued for the imposition of pre-trial detention, or the person must be caught in flagrante delicto or with property relating to the offence. The prerequisites are a suspicion that an offence has been committed, a reason for detention (risk of committing the crime, risk of flight and/or risk of collusion) and proportionality.

146.The investigating judge and the Office of the Public Prosecutor must be informed immediately of the arrest. In addition, a parent or legal guardian or a relative living in the same household, any probation officer appointed, and the ASD must be informed. The arrested person must be examined immediately, but no later than within 48 hours, by the investigating judge, who must then decide forthwith on imposition of pre-trial detention. Pre-trial detention is not proportionate if it can be replaced by less severe measures. In addition to the general less severe measures, § 131(5) StPO provides the possibility of juveniles remaining with their own family or being placed with a trustworthy family or in a suitable institution (see also § 19 JGG). Moreover, pre-trial detention may be imposed on juveniles only if the associated disadvantages for personality development and other advancement are not disproportionate to the gravity of the offence and to the expected punishment.

147.Pre-trial detention must in principle be limited in time and regularly reviewed by the investigating judge (§§ 132 and 132a StPO). Pursuant to § 19(2) JGG, shorter periods of detention apply to juveniles: Pre-trial detention may not exceed three months until the beginning of the trial in the case of misdemeanours, six months in the case of crimes, or one year in the case of crimes subject to a penalty of more than five years of imprisonment. Between 2011 and 2021, pre-trial detention was imposed on 7 adolescents (4 male, 3 female).

Reply to paragraph 31 (d)

148.Liechtenstein co-funded this study with a total of CHF 30,000. Liechtenstein attaches great importance to this issue and works very closely with the World Organization Against Torture (OMCT). For instance, Liechtenstein finances the OMCT project on children deprived of their liberty, with a total of CHF 400,000 so far.

Reply to paragraph 31 (e)

149.Minors are accommodated separately from men in the women’s wing of the prison in Vaduz. The women’s wing is mostly empty due to the size of the prison. In Austria, convicted minors are accommodated in juvenile correctional facilities.

Reply to paragraph 31 (f)

150.On information provided in relation to detention, see reply to question 31 (c). On presentation before the judge within 48 hours, see reply to question 31 (c), and on involvement of a person of trust, the Victims Assistance Office, and the Office of Social Services, see reply to question 16 (a). After imposition of pre-trial detention by the investigating judge, the arrested person must be represented by a lawyer in accordance with § 132a(2) StPO, with the possibility of free legal aid if the person is indigent (see § 26 StPO and Victim Support Act).

Reply to paragraph 31 (g)

151.Since more than one juvenile is rarely in custody at the same time in Liechtenstein, especially intensive care is provided by the Office of Social Services in such cases, as well as training assistance as needed.

Reply to paragraph 31 (h)

152.In principle, inmates are allowed a minimum number of visits per week. In exceptional cases, for example when a juvenile is in custody, the juvenile is usually alone, so that as many visits are allowed as operations permit.

Reply to paragraph 31 (i)

153.See reply to question 49 (g).

Reply to paragraph 31 (j)

154.The adolescents return to their families. They are supported by probationary services, work training, psychotherapy, and other services outside of housed facilities, and if necessary also by placement in a suitable educational-therapeutic facility.

Child victims and witnesses of crimes

Reply to paragraph 32 (a)

155.Victim support for all persons – including children and adolescents – is set out in the Victim Support Act (OHG); see also reply to question 19 (a). This entitlement also extends to persons whose physical or mental integrity has been directly and adversely affected as a result of assistance or attempted assistance given to victims, and to the family members of such persons. The entitlement exists irrespective of whether the perpetrator has been identified, whether the perpetrator has acted culpably, and whether the perpetrator has acted intentionally or negligently. Victim support includes counselling and urgent support, longer-term support, cost contributions for longer-term support from third parties, compensation for damages, and free legal assistance.

156.Pursuant to § 31a, victims have the right in criminal proceedings to have themselves represented (§ 34 StPO), to inspect the files (§ 32(2)(2) StPO), to be informed of the subject of the proceedings and of their essential rights before their examination, to be informed of the progress of the proceedings (§§ 22i, 65(1), 141(7) StPO), to receive translation assistance, to take part in the examination of witnesses (§ 115a StPO) and accused persons (§ 147(3) StPO) subject to considerate examination rules, to take part in a reconstruction of the offence (§ 69(2) StPO), and to be present during the trial and to examine defendants, witnesses, and expert witnesses and to be heard concerning their claims. Victims whose sexual integrity may have been violated are additionally entitled to the following rights (§ 31b(3) StPO): refusal to answer questions on circumstances from their personal sphere or on such details of the offence as they consider to be unacceptable for them to tell about, examination subject to considerate examination rules in the investigation proceedings and in the trial, and exclusion of the public from the trial (§ 181a(2) StPO).

157.§§ 31a (1)(3) and 31b (1) StPO provide a general obligation for law enforcement and prosecution authorities to instruct victims as defined in Article 1(1) OHG on all their rights in criminal proceedings. The information and questioning of victims must in principle be undertaken in a manner understandable to them, taking account of their age and state, including any traumatisation of the victim (see, e.g., § 107(4) StPO). Victims must be informed of the conditions for obtaining assistance from the Victims Assistance Office no later than before their first examination (§ 31b (2) StPO).

158.On the rights of the witness, see reply to question 16a. For the purpose of witness protection, § 119a StPO provides the option for witnesses in need of protection to conceal their personal circumstances from the court and not answer questions concerning their personal circumstances. To receive this protection, witnesses must demonstrate the existence of a significant risk situation. With the amendments to the Police Act and the Criminal Code that entered into force in July 2014, new rules governing extrajudicial protection of witnesses and leniency for principal witnesses were introduced, further strengthening witness protection and prosecution options.

Reply to paragraph 32 (b)

159.If the National Police – via private individuals, public authorities, or others – becomes aware of a suspicion of sexual abuse, specially trained investigators immediately take the necessary steps and secure evidence. This has proven to be a useful approach, resulting in the successful conclusion of criminal proceedings.

160.The victim’s right to refrain from making further statements after testifying once is an advantage for the victim because the victim does not have to repeat and formulate the incident several times, but it can also lead to difficulties if questions about details arise only over the course of the further investigation. For this reason, an attempt is made to make the examination of the victim as comprehensive as possible.

Reply to paragraph 32 (c)

161.Police officers, judges, and public prosecutors generally receive continuing training on an ongoing basis. Continuing training covers all areas of the law within the scope of their duties, including victim protection and sexual abuse. The mandate of the Expert Group on Protection from Sexual Abuse was expanded in 2021; see reply to questions 19 (b) and (c). A Round Table on Human Trafficking has been established, which has so far dealt with human trafficking, dancers/DJs (sex work), labour exploitation, and unaccompanied children. Participants include representatives of the National Police, the Office of the Public Prosecutor, the Victims Assistance Office, the Office of Economic Affairs, the Migration and Passport Office, and the Office for Foreign Affairs. Workflows have been established, indicating the procedures to be followed when a suspicion arises. A service agreement has also been concluded with an organisation in Switzerland where victims can be accommodated and cared for and accompanied during the proceedings.

Sale, trafficking and abduction

Reply to paragraph 33

162.The Round Table on Human Trafficking was established more than 15 years ago to protect against human trafficking. Special provisions exist for minors in asylum proceedings. In addition to the comments in response to question 30, the Asylum Act stipulates that persons hearing minor asylum seekers must take into account the special aspects of being a minor. For this purpose, the APA may consult a psychologist from the ASD for the hearing. The Foreigners Act (AuG) contains additional provisions for the protection of victims of human trafficking: A prohibition on entering the country can, for instance, be lifted temporarily or completely on humanitarian grounds, including when a person has become a victim of human trafficking.

163.Victims of human trafficking may also be granted a residence permit or short-term residence permit in cases of hardship if their residence in Liechtenstein is necessary to conduct the criminal proceedings. Where human trafficking constitutes persecution relevant to asylum in individual asylum proceedings, a victim may also be granted asylum if the requirements in this regard are met. In the asylum proceedings, specific questions are also asked about the travel route, the mode of travel, and the traffickers.

J.Optional Protocol on the involvement of children in armed conflict

Reply to paragraph 34 (Recommendation 1)

164.The Office for Foreign Affairs regularly organises events on children’s rights, where the Optional Protocol is also discussed.

Reply to paragraph 34 (Recommendation 2)

165.See reply to question 10.

Reply to paragraph 34 (Recommendation 3)

166.See reply to question 9 (a).

Reply to paragraph 34 (Recommendation 4)

167.In Liechtenstein, the participation of children in armed conflicts must be understood in light of the fact that Liechtenstein does not have any armed forces and, consequently, there is no legislation establishing a minimum age of persons for recruitment and involvement in hostilities. Liechtenstein considers its ratification of the Optional Protocol to be a continuation of its commitment to the protection of children’s rights and, at the same time, as an expression of solidarity with the objectives of the Optional Protocol.

Reply to paragraph 34 (Recommendation 5)

168.There has not yet been a war situation or armed conflict in Liechtenstein, so that no statements can be made concerning this recommendation.

Reply to paragraph 34 (Recommendation 6)

169.Liechtenstein does not have any armed forces, which is why there is no legislation governing the minimum age for members of the armed forces to participate in hostilities.

Reply to paragraph 34 (Recommendation 7)

170.Pursuant to § 64 (1) (4c) StGB, all acts enumerated in Section 25 (genocide, crimes against humanity, and war crimes) are punishable in Liechtenstein in accordance with the principle of extraterritorial jurisdiction, irrespective of the criminal laws of the place where the act is committed. § 321b StGB (war crimes against persons) explicitly criminalises the conscription or enlistment of persons below the age of 15 years into armed groups in connection with an armed conflict. The recommendation is therefore considered to be implemented.

Reply to paragraph 34 (Recommendation 8)

171.Pursuant to Article 19 AsylG, all asylum interviews are held in the presence of the representative of a relief organisation. These independent persons observe the interview and can themselves ask questions and record objections at the end of the interview. Due to the low number of applications, separate data collection regarding children who have been recruited or used in hostilities is not necessary. However, the possibility always exists of evaluating any such claims. In recent years, there has been approximately one such claim per year, but made mostly by adults.

Reply to paragraph 34 (Recommendation 9)

172.Armed conflicts usually take a heavy toll on the civilian population, especially women and children. Far too often, international law protecting civilians is systematically violated. Liechtenstein has traditionally supported the Security Council’s thematic items on child soldiers and on women, peace and security, and it regularly participates in the relevant debates. Strengthening children’s rights is also a key concern in Liechtenstein’s multilateral development cooperation, especially in combating sexual violence in conflicts.

Reply to paragraph 34 (Recommendation 10)

173.The Foreign Affairs Commission of the Liechtenstein Parliament is informed as needed about recommendations of the UN treaty bodies.

Reply to paragraph 34 (Recommendation 11)

174.See reply to questions 6 and 11.

K.Optional Protocol on a Communications Procedure

Reply to paragraph 35

175.See reply to question 10.

III.Statistical information and data

A.General measures of implementation (Articles 4, 42 and 44(6))

Reply to paragraph 38

176.See reply to question 7.

B.Definition of the child (Article 1)

Reply to paragraph 39

177.According to the Civil Status Statistics, there were no marriages of Liechtenstein residents under the age of 18 in the years 2006 to 2020. The Office of Social Services is also not aware of any cases of forced marriages. A total of six marriages abroad were registered, between an adult spouse resident in Liechtenstein and a spouse resident abroad under the age of 18 (16 or 17 years old). The data is not further disaggregated for reasons of privacy.

C.General principles (Articles 2, 3, 6 and 12)

Reply to paragraph 40 (a)

178.Over the last 10 years, there has been one criminal complaint of suspected discrimination under § 283 StGB to the detriment of a child or adolescent. In 2020, an unknown (male) perpetrator made negative comments about Islam to the detriment of three adolescents (girls, ages 15 and 16) of Turkish origin. The perpetrator could not be identified.

Reply to paragraph 40 (b)

179.There have been no cases.

D.Civil rights and freedoms (Articles 7, 8 and 13–17)

Reply to paragraph 41

180.There are no stateless children in Liechtenstein.

E.Violence against children (Articles 19, 24(3), 28(2), 34, 37(a) and 39)

Reply to paragraph 42 (a)

181.Cases of domestic violence or violence to the detriment of children, as well as cases of neglect against children, are not disaggregated in a way that permits statistical queries. Only the names of the perpetrators and victims as well as the offences are registered. The case work of the Office of the Public Prosecutor indicates that such cases occur only extremely rarely.

182.The following data is available:

Persons involved in cases of domestic violence
2020
Total victims	37
Victims/minors involved	13
of which not directly affected by violence	2
Children	24
of which not directly affected by violence	8

Statistics of the Victims Assistance Office on violence against children, 2013–2021
	2013	2014	2015	2016	2017	2018	2019	2020	2021
Total victims		3	5	13	1	2	2	6	2
Under the age of 10			1	2			1	1
of which sexual violence							1
of which other offences							1
Ages 10 to 17		3	4	11	1	2	1	5	2
of which sexual violence						2	1	4	2
of which other offences								1
Cases of sexual violence against minors	2	8	7	9	12	17	16	6

Reply to paragraph 42 (b)

183.No data is available.

Reply to paragraph 42 (c)

184.There is no obligation to report to the Office of Public Health; accordingly, no data is available.

Reply to paragraph 42 (d)

185.See also reply to question 19 (d).

Family environment and alternative care (Articles 5, 9–11, 18(1) and (2), 20, 21, 25 and 27(4))

Reply to paragraph 43 (a)

186.The following figures are available for economic support received in 2017–2020:

Year	Families	Children
2017	138	228
2018	126	209
2019	128	219
2020	122	204

Reply to paragraph 43 (b)

187.There is one residential facility in Liechtenstein for young people between the ages of 12 and 18. Cooperation agreements also exist with facilities in Switzerland and Austria. These agreements ensure that suitable and individually appropriate solutions can be found in each case.

Placements in domestic facilities

Year	Number
2021	32
2020	34
2019	38
2018	42
2017	40
2016	32
2015	31
2014	39
2013	52
2012	41

Placements in facilities abroad

Year	Number
2021	27
2020	30
2019	35
2018	27
2017	17
2016	15
2015	11
2014	13
2013	8
2012	10

188.The duration of the stay depends on the individual case and can last from days to months or years. In all cases, the stay lasts no longer than is conducive to the young person’s best interests. Moreover, adjustments may be made as the situation changes, or the young person may move to a different facility. The employees of the Office of Social Services engage in ongoing discussions with the children and adolescents, their families, and the facilities so that an adjustment of the situation can be made quickly as needed.

Reply to paragraph 43 (c)

189.Liechtenstein offers voluntary out-of-home childcare options for children aged 4 months and older, paid for by the parents, in the form of day care centres (4 months to 4 years), day structures (5 to 12 years), and day families (4 months to 12 years). The costs are covered by the ASD where the parents or the parent raising the child are unable to do so. The State also subsidises childcare based on income.

Number of children using childcare outside the home

Year	Number
2020	1 192
2019	1 510
2018	1 421
2017	1 318
2016	1 253
2015	1 242
2014	1 209
2013	1 197
2012	1 118

Placements by the ASD of children and adolescents in foster families in Liechtenstein

Year	Number
2021	13
2020	11
2019	12
2018	12
2017	15
2016	12
2015	14
2014	13
2013	11
2012	11
2011	10
2010	12
2009	11

Reply to paragraph 43 (d)

Adoptions of foreign children by Liechtenstein citizens through foreign courts recognised by the Civil Registry Office

Year	Number
2021	0
2020	3
2019	0
2018	2
2017	2
2016	3
2015	0
2014	2
2013	3
2012	0
2011	3
2010	3

190.No domestic adoptions took place during this period.

Reply to paragraph 43 (e)

191.There are no figures for Liechtenstein indicating how many children in Liechtenstein have parents incarcerated in Liechtenstein or abroad. Where cases occur, however, the assistance set out in the KJG is provided to these children or their families.

Children with disabilities (Article 23)

Reply to paragraph 44 (a)

192.This data is not disaggregated for statistical purposes in Liechtenstein, given that the disability status of a child has no impact on whether economic support is provided.

Reply to paragraph 44 (b)

193.No such figures are available in Liechtenstein.

Reply to paragraph 44 (c)

194.This data is not disaggregated for statistical purposes in Liechtenstein, given that no difference is made in practice between children with and without disability.

Reply to paragraph 44 (d)

195.There is currently only one residential care facility in Liechtenstein for children aged 12 to 18. The facility can accommodate seven young people. In addition, there are children and adolescents who live in residential institutions in nearby foreign countries. Boarding schools abroad may also be used.

Placements in institutions and foster families, 2009–2021

	2021	2020	2019	2018	2017
Placements in Liechtenstein (institutions and foster families)	32	34	38	42	40
Of which placements in foster families	13	11	12	12	15
Placements abroad	27	30	35	27	17
Placements total	59	64	73	69	57
Number of children placed	55	57	64	61	54

	2016	2015	2014	2013	2012	2011	2010	2009
Placements in institutions in Liechtenstein	32	31	39	52	41	32	31	30
Placements in foster families	12	14	13	11	11	10	12	11
Placements in institutions abroad	15	11	13	8	10	14	21	18
Placements total	59	56	65	71	62	56	64	59

196.There was a change in the recording system from 2016 to 2017. The figures record the number of placements. This is not necessarily identical with the number of children placed, given that the same child may be placed multiple times. Until 2016, foster families are recorded as a separate category, alongside placements in institutions in Liechtenstein and placements in institutions abroad. Starting in 2017, institutions and foster families are recorded together in the number of domestic placements. From 2009 to 2016, only the number of placements was recorded, not the number of children placed.

Reply to paragraph 44 (e)

197.The number of children in specialised schools is available starting with the 2005/06 school year and by gender, but not by school level. The number of children in regular schools is available by gender and by school level starting with the 2010/11 school year. The data is not further disaggregated for reasons of privacy. See also Annex I.

Reply to paragraph 44 (f)

198.No statistics are kept that would indicate how many investigations and prosecutions were carried out and what sentences were imposed on perpetrators. The ASD records reports of child endangerment. The ASD does not differentiate between children with or without disabilities, given that this is not relevant to the legal mandate of the ASD: All reports of child endangerment are treated equally, regardless of gender, origin, and any mental or physical impairment.

199.The statistical criteria were changed during the data collection period starting 1 January 2017. Multiple mentions are possible.

Problem:	2021	2020	2019	2018	2017
Neglect/squalor (incl. suspicion)	14	19	18	13	20
Physical abuse (incl. suspicion)	16	11	15	18	13
Psychological abuse (incl. suspicion)	3	4	4	1	1
Sexual abuse (incl. suspicion)	12	10	4	2	3
Witnessing violence in the family	3	9	2	2	3
Autonomy conflict	1	1	0	1	0
Number of problems	52	54	43	37	40
Number of clients	49	53	40	36	36

Problem:	2016	2015	2014	2013	2012	2011	2010
Suspected neglect	13	8	7	13	13	6	11
Neglect	7	11	12	18	19	12	13
Suspected abuse	13	13	13	16	15	5	7
Abuse	4	7	9	7	6	4	4
Suspected sexual abuse	7	4	3	3	6	6	0
Sexual abuse	0	1	2	2	0	6	4
Number of problems	44	44	46	59	61	42	39
Number of clients	40	41	46	58	56	42	38

200.The Court of Justice does not keep victim statistics. The court also does not record reported cases. It is also conceivable that cases occur in which a criminal prosecution takes place but the court is not involved, for example if an investigation is carried out on the basis of a criminal complaint and a final report is submitted by the National Police to the Office of the Public Prosecutor, but the Office of the Public Prosecutor then immediately discontinues the proceedings (second sentence of § 22(1) StPO) or resolves the case immediately through diversionary measures (§§ 22a et seq. StPO) without the court considering the case.

201.No detailed information on the victims is recorded in the judicial database. It is possible, however, to enumerate the offences in which it is clear from the objective elements of the criminal offence that the victims were children. These offences are:

•§ 92 StGB (Inflicting agony on or neglecting an underage person, adolescent or defenceless person);

•§ 205 StGB (aggravated sexual abuse of underage persons);

•§ 206 StGB (sexual abuse of underage persons);

•§ 208 StGB (sexual abuse of minors).

202.Despite the long reporting period, only a small number of cases have arisen for each of these offences, so that a statistical evaluation would not provide any reliable information. Instead, it would be necessary to look at and analyse each individual case.

Basic health and welfare (Article 6, 18(3), 24, 26, 27(1)–(3) and 33)

Reply to paragraph 45 (a)

203.No data is available on malnutrition and stunting. On obesity, see reply to question 26 (b).

Reply to paragraph 45 (b)

204.No data on “suffering from substance abuse” is available for children up to the age of 14. The definition is also applied inconsistently across different substances. In 2020, the ASD recorded a total of 82 contacts of children and adolescents with reference to addiction or substance abuse. The ESPAD report, however, does not refer to any diagnosis such as “suffering from substance abuse”, but rather only documents consumption. See also reply to question 26 (e).

Reply to paragraph 45 (c)

205.A current UNICEF study for Switzerland and Liechtenstein exists in this regard, according to which about one third of the surveyed adolescents between the ages of 14 and 19 are affected by mental health problems. 37.3% of the respondents have signs of an anxiety disorder and/or depression (20.9% suffer from both disorders). The prevalence rates for the most important diagnoses can be found starting on page 13 of the study. No separate analysis is available for Liechtenstein. On the question of whether suicide had ever been attempted, 94.2% of Liechtenstein respondents answered “no” in the UNICEF study. See also the reply to question 29 (b), with a focus on the experiences of Liechtenstein adolescents during the Covid-19 pandemic.

Reply to paragraph 45 (d)

206.As of the end of 2020, there were five paediatricians and 18 psychiatrists in Liechtenstein, two of whom are allocated to children and adolescents under the needs planning of compulsory health insurance. 22 non-medical psychotherapists are also available, four of whom are allocated to children and adolescents under compulsory health insurance. Other outpatient and especially inpatient services are available in nearby regions across the border.

Reply to paragraph 45 (e)

207.According to the Civil Status Statistics, the number of births to mothers between the ages of 15 and 19 are as follows:

Year	Number of births
2020	2
2019	4
2018	1
2017	1
2016	1
2015	4
2014	5
2013	0
2012	0
2011	2
2010	1
2009	3
2008	4
2007	2
2006	4

208.No mothers in Liechtenstein have been younger than 15 in the years since 2006.

Reply to paragraph 45 (f)

209.In an age-appropriate way, schools support children and adolescents in the development of their self-determined and responsible sexuality. The Sophie von Liechtenstein Foundation is active in the areas of sex education and pregnancy counselling. love.li is the foundation’s sexual education office that offers advice and help to children and young people – and thus also girls and young women in Liechtenstein and the region – on questions of their sexuality. It also organises regular workshops on sexuality for schoolchildren. The foundation runs the schwanger.li counselling office, which advises and supports pregnant women in Liechtenstein and the region, if necessary also for the longer term. The counselling centres of schwanger.li provide counselling especially in cases of strain, worry, and stress of the expectant mother, her partner, and family; unwanted pregnancy; prenatal examinations; miscarriages and stillbirths; postpartum depression; and terminations of pregnancy. In addition to these counselling services, schwanger.li’s counselling centres and experienced midwives provide information on the rights of pregnant women under labour law, financial matters relating to pregnancy and childbirth, the promotion of families, professional re-entry and childcare, as well as support services provided by midwives. The consultations do not prejudge the results and aim to pave the way for self-determined decisions. Anonymous online counselling is also available.

Reply to paragraph 45 (g)

210.There are in principle two types of poverty. On the one hand, there is absolute poverty, in which the prerequisites for basic human existence are lacking, such as food, water, clothing, shelter, or health care. This type of poverty does not exist in Liechtenstein. Relative poverty, which by definition also exists in Liechtenstein, is broken down into combated poverty (where poverty is combated with social assistance), poverty risk (where income is slightly above the subsistence level), and persons affected by poverty (where persons who would actually be entitled to claim social assistance do not in fact claim it). No data is available on children at risk of poverty and those affected by poverty.

Education, leisure and cultural activities (Articles 28–31)

Reply to paragraph 46 (a)

211.See Annex II.

212.See also reply to question 44 (e).

Reply to paragraph 46 (b)

213.See Annex III.

Reply to paragraph 46 (c)

214.See reply to question 28.

Reply to paragraph 46 (d)

215.See reply to question 28.

Reply to paragraph 46 (e)

216.The Office of Education surveyed all 5th and 8th graders in both 2018 and 2019. The results show that cyberbullying was addressed more in class in 2019 compared to the previous year. The percentages of students who know at least one victim of cyberbullying at school decreased: In 2019, 12% of 5th graders and 18% of 8th graders reported knowing a victim of cyberbullying.

217.No statistics are kept on sexual abuse and harassment in schools. However, serious cases are brought to the attention of the Office of Education.

Reply to paragraph 46 (f)

218.In Liechtenstein, teaching takes place already in kindergarten according to the Liechtenstein Curriculum (LiLe). More than 99% of children attend the first and second years of kindergarten. Only the second year of kindergarten is compulsory, however, and only for children with a migration background.

Special protection measures (Articles 22, 30, 32, 33, 35, 36, 37(b)–(d) and 38–40)

Reply to paragraph 47 (a)

Year	Accompanied	Unaccompanied	Total
2006	8		8
2007	5	1	6
2008	3	1	4
2009	23	8	31
2010	32		32
2011	22		22
2012	14		14
2013	16	1	17
2014	17		17
2015	39	3	42
2016	13	1	14
2017	45	2	47
2018	26	2	28
2019	9	1	10
2020	7		7
2021	20	1	21
Total	299	21	320

Reply to paragraph 47 (b)

219.No data is available for the period from 2006 to 2009. Since 2010, no children have been detained on the basis of the law governing foreigners or asylum law.

Reply to paragraph 47 (c)

220.All minors in Liechtenstein are entitled to care by the Children and Youth Service of the ASD, regardless of their residence status. For the regulations concerning asylum seekers, see Article 9 AsylV.

Reply to paragraph 47 (d)

221.All the children referred to are subject to compulsory education in Liechtenstein and are able to attend school. All minor asylum seekers, accompanied or unaccompanied, have access to education, health care, housing, and legal assistance (such as the curator in the asylum procedure for all minors). In addition, all asylum seekers have access to free legal advice in the asylum procedure.

Reply to paragraph 47 (e)

222.The statistical data refers to children with third-country nationality, given that no corresponding statistics are collected for EEA nationals. Up to and including 2019, no distinction was made as to whether a child was accompanied or unaccompanied.

Children in irregular situations of migration
Year	Accompanied*	Unaccompanied*
2006	n/a	n/a
2007	n/a	n/a
2008	1	0
2009	0	0
2010	0	0
2011	0	0
2012	0	0
2013	0	0
2014	0	0
2015	26	0
2016	0	0
2017	5	0
2018	1	0
2019	4	0
2020	2	0
2021	0	3

Reply to paragraph 47 (f)

223.The statistical data refers to children with third-country nationality, given that no corresponding statistics are collected for EEA nationals.

Return orders
Year	Acc om panied *	Unaccompanied *	Note
2006	n/a	n/a	No statistics with age categories available
2007	n/a	n/a	No statistics with age categories available
2008	n/a	n/a	No statistics with age categories available
2009	n/a	n/a	No statistics with age categories available
2010	n/a	n/a	No statistics with age categories available
2011	n/a	n/a	No statistics with age categories available
2012	n/a	n/a	No statistics with age categories available
2013	n/a	n/a	No statistics with age categories available
2014	n/a	n/a	No statistics with age categories available
2015	n/a	n/a	No statistics with age categories available
2016	n/a	n/a	No statistics with age categories available
2017	n/a	n/a	No statistics with age categories available
2018	0	0
2019	3	0	Voluntary returns
2020	2	0
2021	0	3	Non-assisted voluntary returns to other EU/EFTA country

Year	Removal orders issued	Of which executed
Total	Accompanied	Unaccompanied	Accompanied	Unaccompanied
2006	1	1	0	1	0
2007	4	3	1	2	1
2008	4	3	1	2	1
2009	6	4	2	2	2
2010	21	21	0	20	0
2011	11	11	0	7	0
2012	12	12	0	3	0
2013	11	11	0	8	0
2014	8	8	0	8	0
2015	19	17	2	14	2
2016	11	10	1	3	0
2017	34	33	1	15	0
2018	15	15	0	12	0
2019	2	2	0	2	0
2020	3	3	0	0	0
2021	16	15	1	5	0
Total	178	169	9	104	6

Reply to paragraph 48 (a)

224.There were no reported cases or victims of child trafficking during the reporting period.

Reply to paragraph 48 (b)

225.“Rehabilitation programmes” are not recorded in the Court of Justice database. On the perpetrator side, deprivation of liberty pursuant to a criminal conviction is considered a last resort in the case of minors. In application of the JGG, sentences of deprivation of liberty are pronounced by the Juvenile Court only if other interventions have already failed.

226.The ASD arranges the following free assistance for integration into society: socio-educational family support, placements in educational-therapeutic facilities, outpatient and inpatient drug therapy, urine testing to ensure abstinence, job coaching, work projects, violence counselling, and psychotherapy.

Reply to paragraph 48 (c)

227.See reply to question 48 (a).

Reply to paragraph 49 (a)

228.In 2011, five minors were in detention in Vaduz, one for a criminal offence for one year including pre-trial detention and four adolescents pending deportation for one day each. In 2012, seven minors were in custody for criminal offences, between one and 164 days, and three pending deportation for one day each. In 2013, three minors were in detention for criminal offences between one and 53 days. Between 2014 and 2019, no minors were in detention; in 2020, the same minor was in detention twice for criminal offences for a total of 74 days in Vaduz, and including the subsequent detention in an Austrian correctional facility for a total of 9 months.

Reply to paragraph 49 (b)

229.In 2011, one person was in detention for exactly one year.

Reply to paragraph 49 (c)

230.Over the last 5 years (2017 to 2021), about one third of the cases against juveniles (14 to 18 years old) were resolved by diversion, another one third of the cases were discontinued, and also one third of the cases were referred to the court for adjudication.

231.In the case of diversion, four options exist in principle: probation (with and without obligations), out-of-court resolution, community service, or payment of an amount of money. All four options can be combined with appropriate compensation for damages. In the case of juveniles, the probationary period and community service are predominantly used in practice.

232.Cases may be discontinued because the suspect can be ruled out as the perpetrator, because of lack of punishability of the offence, or for evidentiary reasons. Cases brought to court were resolved either with a guilty verdict, an acquittal, or by means of diversion. If a suspect is found guilty, the possibility of converting a sentence of imprisonment into a monetary penalty is available under certain circumstances, and there is also a legal claim to conditional suspension of the sentence.

233.The pronouncement of an unconditional sentence of imprisonment is therefore the exception, which must be applied especially in the case of numerous relevant prior convictions and rapid recidivism.

Reply to paragraph 49 (d)

234.Minors with short lengths of stay were separated from the adults. In the case of longer periods of detention, minors were mixed with suitable adults, also so that these adolescents are not de facto isolated for an extended period, given that only few adolescents are generally in detention for longer periods of time.

Reply to paragraph 49 (e)

235.No minor was placed in solitary confinement as a measure. De facto, some minors are separated from adults for short periods of detention and are then alone if no second minor is in detention; in isolated cases, a minor may also be separated for a longer period of time, for example if a girl is in detention and no other minor or adult female is in detention at the same time. In these cases, special psychosocial care is provided.

Reply to paragraph 49 (f)

236.As understood in the KJG, placements due to “bad or dangerous behaviour” are implemented as support measures in the case of negative developments of children and adolescents in qualified educational-therapeutic facilities. In very special individual cases, the adolescents are placed in suitable closed facilities by court order upon application by the ASD for a maximum of one year (de facto for at most three to six months), but in any case no longer than the measure is useful. If there is a medical indication of danger to self or others, the adolescent is placed in a psychiatric clinic.

Reply to paragraph 49 (g)

237.See reply to question 48 (b).

Abbreviations

AAAOffice for Foreign Affairs

ABBOffice for Vocational Training and Career Counselling

ABGBGeneral Civil Code

AHV-IV-FAK institutionsLiechtenstein Old Age and Survivors’ Insurance, Liechtenstein Disability Insurance,Liechtenstein Family Compensation Fund

APAMigration and Passport Office

ASDOffice of Social Services

AsylGAsylum Act

AsylVAsylum Ordinance

AuGForeigners Act

AussStrGNon-Contentious Proceedings Act

BauGConstruction Act

BGlGDisability Equality Act

BüGLaw on the Acquisition and Loss of Liechtenstein Citizenship

CHFSwiss francs

CRCUN Convention on the Rights of the Child

ECHREuropean Convention on Human Rights

ESPADEuropean School Survey Project on Alcohol and Other Drugs

EUEuropean Union

FHLLiechtenstein Refugee Assistance Association

GNIGross national income

GSKViolence Protection Commission

HPZTherapeutic-Educational Centre

JGGJuvenile Court Act

KJGChildren and Youth Act

LGBl.Liechtenstein Law Gazette

LGBTILesbian, gay, bisexual, transgender and intersex

MINT Mathematics, information sciences, natural sciences, and technology

n/anot available

NGONon-governmental organisation

ODAOfficial development assistance

OSKJOmbuds Office for Children and Young People

PFZGFree Movement of Persons Act

PGRLaw on Persons and Companies

SDGUN Sustainable Development Goals

STEMScience, technology, engineering, and mathematics

StGBCriminal Code

StGHConstitutional Court

StPOCode of Criminal Procedure

UNICEFUnited Nations Children’s Fund

UNUnited Nations

VMRAssociation for Human Rights in Liechtenstein

VMRGLaw on the Association for Human Rights inLiechtenstein

ZPOCode of Civil Procedure