United Nations

CCPR/C/LIE/Q/2/Add.1

International Covenant on Civil and Political R ights

Distr.: General

10 March 2017

Original: English

English, French and Spanish only

Human Rights Committee

120th session

3-28 July 2017

Item 5 of the provisional agenda

Consideration of reports submitted by States parties under article 40 of the Covenant

List of issues in relation to the second periodic report of Liechtenstein

Addendum

Replies of Liechtenstein to the list of issues *

[Date received: 20 February 2017]

Constitutional and legal framework within which the Covenant is implemented (art. 2)

1.As a general observation, the Constitutional Court (Staatsgerichtshof; StGH) noted in an earlier judgment (Judgment StGH 1999/36) that the guarantee of fundamental rights under the Covenant is largely covered by the protection of fundamental rights guaranteed in the Constitution of the Principality of Liechtenstein (Landesverfassung; LV) and the European Convention on Human Rights (ECHR). When the Constitutional Court considers complaints pertaining to fundamental rights in practice, it primarily invokes the Liechtenstein Constitution and if need be the ECHR.

2.During the reporting period, there were cases before the Constitutional Court in which the complainant’s claims included violations of the rights guaranteed under the ICCPR. No judgments held that the guarantees under the ICCPR had been violated.

3.In the case of a house search, a complainant argued before the Constitutional Court (StGH) that the Office of the Public Prosecutor had informally put aside criminal charges but had later taken up the proceedings again (Judgment StGH 2012/100). In the view of the complainant, this violated the principle of ne bis in idem enshrined in both the European Convention on Human Rights (ECHR, article 4 of Protocol No. 7) and the Covenant (article 14(7)). The Constitutional Court disagreed with this assessment and rejected the individual complaint.

4.In another case (Judgment StGH 2012/21), a person accused of violating the Narcotics Act contested the Supreme Court’s confirmation of pre-trial detention imposed due to danger of collusion and danger of commission of an offence. In a first complaint, the Court of Appeal had granted the complaint against pre-trial detention in part, a decision appealed by the Office of the Public Prosecutor to the Supreme Court. In the view of the complainant, the Office of the Public Prosecutor should not have been able to appeal to the Supreme Court in this case and had therefore inter alia violated article 14(1) of the Covenant. The Constitutional Court rejected the individual complaint.

5.In 2007, a detainee complained before the Constitutional Court because he had not been served with an appealable decision regarding transfer from a different penal institution to the National Prison in Vaduz, because of the imposition of solitary confinement without having been served with an appealable decree, and because of the impermissible opening of mail from his lawyer at the National Prison in Vaduz (Judgment StGH 2007/23). He claimed violations of the Liechtenstein Constitution and various international agreements, including articles 9 and 10 of the Covenant. The Constitutional Court granted the appeal on the basis of the violation of constitutionally guaranteed rights.

6.Neither the Office of the Public Prosecutor nor the courts have taken specific measures to raise awareness of the Covenant. Continuing training programmes however regularly deal with the national and international law in force.

7.In November 2016, Parliament adopted the Law on the Liechtenstein Human Rights Association (LHRA Act), thus creating an independent national human rights institution in Liechtenstein. The LHRA Act entered into force on 1 January 2017. Funding for the first three years was fixed at CHF 350,000 annually. The legal framework for the Human Rights Association was defined with the goal of fulfilling the Paris Principles. This includes a legislative basis, a comprehensive mandate for the protection and promotion of human rights, adequate infrastructure and funding, independence, and pluralist representation of the social forces.

8.Article 1(1) of the LHRA Act specifies that the Liechtenstein Human Rights Association (LHRA) is the independent national human rights institution of the Principality of Liechtenstein as set out in the 1993 Paris Principles of the United Nations. According to article 4(2), the LHRA has the following responsibilities in particular:

(a)it advises authorities and individuals on human rights issues;

(b)it supports victims of human rights violations;

(c)it informs the public on the situation of human rights in Liechtenstein;

(d)it carries out investigations and recommends appropriate measures to authorities and individuals;

(e)it comments on draft laws and ordinances and on the ratification of international agreements to the extent they are significant to human rights;

(f)it promotes dialogue as well as national and international cooperation with offices relevant to human rights.

9.According to article 1(2) of the LHRA Act, the LHRA also serves as an independent ombuds office for children and young people for purposes of article 96 of the Children and Youth Act. The Ombuds Office for Children and Young People, which was established in 2009, thus became part of the LHRA as per 1 January 2017.

10.On 10 December, Liechtenstein non-governmental organisations held a founding ceremony for the Liechtenstein Human Rights Association and adopted its articles. The first board consisting of seven members was elected for the 2017-2020 term. Its most important responsibilities include building up the new institution and setting up a secretariat.

11.In the course of establishing the LHRA, offices within the National Administration responsible for the implementation and formulation of national policy in the fields of integration and equal opportunity, including the Equal Opportunities Unit (Stabsstelle für Chancengleichheit; SCG) were consolidated within the Office of Social Services effective 1 January 2017. Where previously, several offices and commissions had been responsible for these tasks, they and their resources will now be bundled. Thanks to this reorganisation, synergies will be utilised and the formulation of integration and equal opportunity policy will become more effective and efficient. The Equal Opportunities Unit and its responsibilities remain visible within the Office of Social Services, given that they are being continued as a unit within the office. The subtasks for which the Equal Opportunities Unit was independently responsible were transferred to the newly created LHRA effective 1 January 2017.

12.There are currently no concrete plans to withdraw any of the reservations referred to.

States of emergency (art. 4)

13.There are currently no political initiatives for changes relating to the powers of the Reigning Prince to issue emergency decrees pursuant to article 10 of the Liechtenstein Constitution. Public announcement of a state of emergency occurs simultaneously with the imposition of an emergency measure. See also the three past cases already mentioned (CCPR/C/LI/2003/1, paras. 17, 56).

Non-discrimination and equality between men and women (arts. 2, 3, 25 and 26)

14.As already set out in paragraphs 7 to 9 of the second periodic report submitted in March 2016, the principle of equal treatment is effectively implemented in Liechtenstein through the Liechtenstein Constitution, the international human rights agreements ratified by Liechtenstein, and established case law.

15.In April 2016, an amendment to § 283 of the Criminal Code (Strafgesetzbuch; StGB) entered into force, introducing a comprehensive prohibition of discrimination. While previously, only racial discrimination constituted a criminal offence, public incitement to hatred or discrimination on the basis of language, nationality, ethnicity, religion, ideology, gender, disability, age, or sexual orientation is now also a criminal offence punishable by a custodial sentence of up to two years. The refusal to offer a service that is intended for the general public to a person or group of persons on the basis of the aforementioned characteristics is also punishable. Prosecutors and judges have received continuing training in respect of the legislative amendments.

16.Apart from the aforementioned amendment of the Criminal Code, several special laws contain concrete provisions on protection from discrimination. For instance, labour law expressly provides for protection of the personality of employees. The term “personality” is to be interpreted broadly, including gender, race, nationality, sexual orientation etc. Non-discrimination provisions are also found in the Gender Equality Act and the Law on the Equality of Persons with Disabilities.

17.With this legal framework, Liechtenstein already offers comprehensive protection from discrimination. In the Government’s view, no further legislative amendments are currently needed.

18.Since the Registered Partnership Act was introduced in 2011, the Equal Opportunities Unit has not undertaken any further specific projects relating to sexual orientation. In the context of the Equal Opportunities Award in 2016, the “Classroom Pieces” project of the Liechtenstein Young Theatre Association won a recognition award. Sexual orientation was one of the issues dealt with in that pedagogical theatre project and was also discussed in schools.

19.In the parliamentary elections on 5 February 2017, three women were elected to the Liechtenstein Parliament composed of 25 members, corresponding to a share of 12%. When the replies to the list of issues were being compiled, the new Government was still being constituted; it should be assumed, however, that the coalition partners are striving to achieve a women’s share of 40% in the Government, as has been the case in recent years.

20.At the Court of Justice, the share of women is 43%. In total as of 31 December 2016, 17 of 74 judges were women, corresponding to a women’s share of 23%. 213 persons worked in a teaching capacity at the Liechtenstein institutions of higher education as of 31 December 2015. 97 were women, corresponding to a share of 45.5%.

21.There are no legal provisions for increasing the share of women in politics at the municipal or national level. However, several measures are being taken to increase the share of women in political positions. In addition to the projects mentioned in the report, the current project “Women decide” is of particular note, which Liechtenstein has launched jointly with the Swiss canton of Graubünden and the Austrian state of Vorarlberg. It encourages women of all ages to strive for public office or a leadership or decision-making position. It provides information and supports sensitisation and awareness-raising regarding the representation of women in leadership and decision-making positions. The project includes brief courses entitled “Fit for politics”, workshops on the use of social media, tutorials for journalists, a transnational expert symposium, and a Girls’ Parliament for young women between the ages of 12 and 20. The project, which runs until the end of 2017, also includes data collection relating to the share of women in media coverage and leadership positions.

22.To implement the Gender Equality Act, which prohibits gender discrimination in the workplace, an information campaign entitled “Gender equality is worth it” was carried out. In 2014, the “pay respect” project of the Liechtenstein Employees’ Association (Liechtensteiner ArbeitnehmerInnenverband; LANV) received the recognition award in the context of the Equal Opportunities Award. Since 2009, the Liechtenstein Government has also supported the annual “Equal Pay Day”, which aims to draw attention to wage discrimination against women. In cooperation with Switzerland, the “Wagemobile” — a mobile travelling exhibition — came to Vaduz in 2015. On this occasion, numerous events were held, including brief counselling sessions for young women, a seminar on salary discussions, and a discussion round with female members of Parliament.

23.These activities are having an impact: The difference between the average monthly wages of men and women has fallen steadily over the past 10 years. According to the most recent issue of the Wage Statistics, the gap was 16.5% in 2014 compared with 17.2% in 2012. While the gap was still 20% in 2006, it fell to 19.5% in 2009 and to 17.8% in 2010. For the youngest group of employees (ages 20 to 24), the wage gap between women and men in 2014 continued to decline at an already low level: from 3.4% in 2012 to 1.4% in 2014. According to a study commission by the Swiss Federal Statistical Office, which can be applied analogously to Liechtenstein due to the similar situations, it can be assumed that 56% of the wage gap between men and women can be explained with reference to objective factors.

24.Projects have also been implemented to weaken gender-specific role models and stereotypes, such as the conference “Work has no gender — role models in education and career” held in 2014. Gender stereotypes in career choice were illuminated in a lecture and a panel discussion. Tours through the “roles:parkour” travelling exhibition were held with students in secondary schools, for the purpose of questioning how role models and stereotypes shape school and career choices, family structures and habits, as well as advertising and media.

25.Liechtenstein made the following declaration concerning article 3: “The Principality of Liechtenstein declares that it does not interpret the provisions of article 3 of the Covenant as constituting an impediment to the constitutional rules on the hereditary succession to the throne of the Reigning Prince.”

26.For Liechtenstein, this declaration has accessory character, i.e. it refers to all the civil and political rights set out in this Covenant. Beyond this, it should be noted that while article 25(c) of the Covenant grants equal access to public service, this does not subsume the function of the head of State. The term “public service” covers positions in bodies established pursuant to the sovereign powers of the State, namely in legislation, administration, and the judiciary, but not the position of the head of State. The fact that Liechtenstein did not make a reservation or declaration on article 25, but rather on article 3, clearly indicates this interpretation. The same is true in relation to article 26.

27.Article 3 of the Liechtenstein Constitution reserves the hereditary succession to the throne in Liechtenstein, the age of majority of the Reigning Prince and of the Hereditary Prince, and any applicable guardianship to the Law on the Princely House of Liechtenstein of 26 October 1993 (LGBl. 1993 No. 100). In that way, the State recognises the autonomous power of the Princely House to govern these matters by way of the Law on the Princely House. The Law on the Princely House is an autonomous law of association. It is thus a source of law outside the realm of legislation by the State. There is no plan to amend the aforementioned constitutional provision. Liechtenstein considers its obligations under the Covenant to be met.

28.The main goal of Liechtenstein Disability Insurance (Invalidenversicherung; IV) is to integrate persons with disability in the workforce. Its services include the following:

job and career counselling;

job placement;

assumption of disability-related additional costs for initial vocational training;

assumption of costs for new vocational training for persons who, upon becoming disabled, have taken up work not suited to them;

assumption of costs for the ongoing vocational training of persons with disabilities;

assumption of costs for retraining if the previous vocation can no longer be pursued.

29.The “Sichtwechsel” networking group for persons with disabilities and in need of support, which includes representatives of both public institutions and non-governmental organisations and associations, provides an overview on its website for starting careers. Twice a year, the networking group publishes the magazine “mittendrin” as part of a sensitisation project; one issue was dedicated to integration in the labour market.

Prohibition of torture and cruel, inhuman or degrading treatment or punishment; and violence against women, including domestic violence (arts. 2, 3 and 7)

30.The Ministry for Home Affairs, Justice and Economic Affairs is currently working on a revision of the Criminal Code (Strafgesetzbuch; StGB). As part of this process, a working group has proposed the possible adaptation of certain elements of the 2015 Austrian law amending the Austrian Criminal Code and incorporation thereof into the Liechtenstein Criminal Code, including in regard to § 312a. That article defines torture as the infliction of serious physical or emotional pain or suffering by an official with the goal of obtaining a confession or of punishing, intimidating, or coercing someone. Grounds based on discrimination are also covered by this definition. The penalty is a custodial sentence of one to ten years. The consultation and decision-making process on the revision of the Criminal Code is planned for 2017.

31.Currently, neither the Code of Criminal Procedure (Strafprozessordnung; StPO) nor the Police Act (Polizeigesetz; PolG) provide for audio-visual recording of all police interrogations. There are no plans to change this practice, given that the situation in Liechtenstein corresponds to that of most other European countries.

32.In practice, police questioning is already recorded today if minors who are victims of sexual offences are questioned and if the investigating judge has mandated the police accordingly. In such cases, the minor is informed verbally in advance that the questioning is to be recorded and that the recording is voluntary.

33.In exceptional cases, interrogations are recorded if the police expect violent resistance. Also in such cases, the person to be questioned is informed of the intent to have the interrogation recorded.

34.In 2015, the Office of the Public Prosecutor registered 203 violent crimes against 183 persons. Among the victims, 76 were female, corresponding to a share of 41.5%. The police are obliged to report every suspicion of a violent crime to the Office of the Public Prosecutor. The Office of the Public Prosecutor investigates independently and, where appropriate, initiates criminal prosecution. In 2015, the National Police intervened in 19 cases of domestic violence; all cases were reported to the Office of the Public Prosecutor.

35.Currently in Liechtenstein, only the National Police compile specific statistics on criminal offences relating to domestic violence. However, work is underway at the Office of the Public Prosecutor to compile statistics on such cases in the future. In 2015, a total of 21 investigative/preliminary proceedings were conducted at the Court of Justice pertaining to physical violence, of which 8 were discontinued. 20 criminal proceedings were conducted before the sentencing court. In addition, 8 investigative/preliminary proceedings were conducted at the Court of Justice pertaining to offences against sexual self-determination, of which 5 were discontinued. 3 criminal proceedings were conducted before the sentencing court. There are no statistics on the outcome of the proceedings.

36.Prosecutors and judges regularly take part in basic and continuing training on how to treat victims of crimes, including violence against women and domestic violence. Dealing with situations of domestic violence and violence against women as well as the treatment of victims of crimes are also an important part of police training.

37.With the decriminalisation of the pregnant woman pursuant to the amendment of § 96(3) of the Criminal Code, the woman is no longer subject to criminal prosecution if the termination of pregnancy is performed by a physician. But the legislative revision does not change the fact that the performance of an abortion in Liechtenstein remains punishable for all persons participating in the act — with the exception of the pregnant woman herself — except in the following cases.

38.The act is not punishable if the termination of pregnancy is necessary to avert a serious danger to 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 she became pregnant, or if the pregnant woman was a victim of rape (§ 200), sexual assault (§ 201), or sexual abuse of a defenceless or mentally impaired person (§ 204) and the pregnancy resulted from such an act. The grounds for exemption from penalty are tied to the condition that the termination of pregnancy is performed by a physician.

39.The treating physician is responsible for ensuring safe access to pregnancy-termination procedures and post-abortion care. The physician counsels the woman concerned about available clinics or other health institutions. Health care providers and medical professionals are themselves responsible for ensuring that their training and treatment practice meets the current standards for termination of pregnancies.

40.Information and public outreach regarding legal termination of pregnancy is provided in Liechtenstein by the competence centre “schwanger.li”, which advises and supports women and couples in cases of unwanted pregnancy before, during, and after birth. Schwanger.li provides information to the public in the form of presentations, information events, and a website.

Treatment of persons deprived of liberty (arts. 10 and 17)

41.Men and women are placed in different parts of the prison. If necessary, minors are placed in the part reserved for women, which is normally empty. It should be mentioned, however, that this is mainly a theoretical question: In the past 20 years, only one minor ever spent a night in prison.

42.The spatial separation of pre-trial detainees and convicts is currently not possible in cases where convicts serve their sentence in the National Prison, which may be the case for short custodial sentences of up to two years. Persons sentenced to more than two years in prison serve their sentences in Austrian prisons. A working group appointed last year by the Government is currently working on a re-evaluation of the corrections system.

43.Every new detainee must undergo a medical examination. Every detainee in the National Prison also has the possibility of seeing a physician at any time. The medical care of detainees was significantly improved last year with the appointment of a psychiatrist for emergencies. This ensures medical care for both physical and mental illnesses in emergencies.

44.Currently, eight men are serving sentences imposed in Liechtenstein in Austria: one each who were born in 1994, 1990, 1988, and 1946, and two each who were born in 1977 and 1966.

45.The treaty between Liechtenstein and Austria stipulates that a person sentenced to prison by a Liechtenstein court may serve the sentence in Austria under the conditions applicable there. The services rendered by Austria are compensated by Liechtenstein. The transfer of a detainee from Liechtenstein to Austria requires an application by the Liechtenstein Ministry for Justice and a positive decision by the Austrian Ministry of Justice. The treaty entered into force more than 30 years ago, and there have never been any practical problems regarding its implementation or any serious complaints.

46.Implementation of the treaty is monitored by a monthly meeting between the management of the National Prison in Vaduz and the prison in Feldkirch. The prison in Feldkirch collects relevant information on Liechtenstein detainees in Austrian prisons and other institutions such as for detainees with drug addictions. Detainees convicted in Liechtenstein and serving their sentences in Austria have the same rights of complaint as detainees convicted by Austrian courts. It should also be emphasised that Austria is a State party to the Covenant and the ECHR. Moreover, the Austrian Execution of Sentences Act is largely identical to the Liechtenstein Execution of Sentences Act.

Independence of the judiciary (art. 14)

47.To be considered as a judge, candidates must be admitted to the judicial preparatory service. Vacancies are advertised. The Conference of Court President chooses from among candidates who meet the following requirements in accordance with article 7(3) of the Judicial Service Act (Richterdienstgesetz; RDG):

(a)Liechtenstein nationality;

(b)full capacity to act;

(c)unrestricted personal and professional suitability;

(d)successful completion of the study of Austrian or Swiss law at a university with a master’s, Lizenziat, Magister of law or equivalent degree;

(e)practical legal experience at a Liechtenstein court or with the Liechtenstein Office of the Public Prosecutor for a duration of at least six months.

48.To apply for appointment as a full-time judge, applicants must meet requirements a) to c) of the list and successfully complete the judicial preparatory service; exceptions may be granted in regard to nationality and the judicial preparatory service.

49.According to article 43(1) of the Judicial Service Act, the disciplinary tribunal is composed of the following persons:

(a)the President of the Court of Appeal sitting as a single judge for the President of the Court of Justice and the judges of the Court of Justice;

(b)the President of the Supreme Court sitting as a single judge for the President of the Court of Appeal, the Court of Appeal judges, and the Supreme Court judges;

(c)a disciplinary chamber of the Supreme Court composed of three legally trained Supreme Court judges for the President of the Supreme Court.

50.According to the Judicial Service Act, the members of the disciplinary chamber are determined in accordance with the allocation of duties of the Supreme Court. They may not work as lawyers, patent lawyers, professional trustees, or asset managers in Liechtenstein (article 43(2) RDG). The responsibility of the disciplinary tribunal is to impose disciplinary penalties “if the breach of duty constitutes a disciplinary offence in terms of the type or gravity of the misconduct, the repetition thereof, or other aggravating circumstances” (article 39(1) RDG). Disciplinary penalties may be a reprimand, a reduction of pay, or dismissal (article 42(1) RDG). If the breach of duty is minor or if the breach is an administrative offence, then an administrative penalty (warning) is imposed (article 41 RDG).

51.Disciplinary proceedings were conducted against judges during the reporting period. These are proceedings internal to the courts which means that in practice, neither the person lodging the complaint nor uninvolved third parties receive information on the outcome of the proceedings. Oral hearings on disciplinary matters are not public. The findings are in principle not public, but the disciplinary tribunal may make the verdict public if there is public interest or if the accused person has an interest therein (article 53(1) and (2) RDG).

52.From 2010 to 2014 there were no disciplinary complaints against the President of the Court of Justice or any judge of the Court of Justice. According to the Administration of Justice Report, which appeared in 2015 for the first time, the President of the Court of Appeal had to adjudicate one case as the disciplinary tribunal for the President of the Court of Justice and the judges of the Court of Justice. In the same year, the President of the Supreme Court adjudicated 7 disciplinary cases as a single judge for the President of the Court of Appeal, the Court of Appeal judges, and the Supreme Court judges. The verdicts and any sanctions in these disciplinary proceedings were not published.

Freedom of religion and promotion of enjoyment of culture (arts. 18 and 27)

53.In December 2012, Parliament adopted the Religious Communities Act (Religionsgemeinschaftengesetz; RelGG), which constitutes a reorganisation of the relationship between religious communities and the State. A constitutional amendment was also considered in a first reading, according to which the Catholic church would no longer be the national church, but a second reading of the constitutional amendment was not conducted. The disentanglement of church and State has not yet been concluded, because not all municipalities have reached an agreement with the Archdiocese of Vaduz on the disentanglement of property at the municipal level. This is seen as a precondition for signing the negotiated concordat between Liechtenstein and the Holy See. Because the solution is meant to be comprehensive, the concordat in turn is seen as a precondition for adopting the constitutional amendment as well as for entry into force of the Religious Communities Act.

54.Liechtenstein has successfully implemented many measures to promote tolerance and mutual understanding. Liechtenstein has a Violence Protection Commission with a mandate to combat violence in the public sphere (including ideological and religious extremism). From 2010 to 2015, the commission successfully implemented a plan of measures to combat right-wing extremism. In 2010, for instance, it conducted a campaign against right-wing violence entitled “Standing up to right-wing violence”. Also as part of the Government’s integration concept entitled “Strength through diversity”, measures have been taken to promote interculturality. Two integration conferences for that purpose took place in 2011 and 2012.

55.Promoting mutual understanding and combating xenophobia are an integral part of the curriculum in schools. Alongside denominational religious instruction in secondary schools, the subject “Religion and culture” is offered, with the goal of promoting understanding for different religions and cultures. For Muslim students, Muslim religious instruction is offered at the primary school level. This instruction is supported financially by the State. Also thanks to the measures already taken, racial discrimination and intolerance do not currently represent an evident problem in Liechtenstein society.

Freedom of expression (art. 19)

56.According to article 46 of the Media Act (Mediengesetz, MedienG), media owners and employees are obliged to exercise journalistic diligence. If they are accused of an offence due to media content for which proof of the truth is permissible, then punishment is ruled out not only if the truth of the content is proven, but also if there was an overriding public interest in publication and if there were sufficient reasons for the accused to believe the content was true even when exercising the required journalistic diligence. In regard to a media content offence concerning the most private areas of life, however, the media owner or media employee is only exempt from punishment if the content is true and is directly related to a public activity.

57.According to article 45 of the Media Act, the general criminal laws apply to media content offences. Relevant in this connection are the offences of defamation (§ 111 StGB), slander (§ 112 StGB), and insult (§ 115 StGB).

58.Defamation is committed if a person accuses another, in such a way that it may be perceived by a third person, of possessing a contemptible character or attitude or of dishonourable behaviour or of behaviour contrary to morality which is suited to make that person contemptible or otherwise lower the person in public esteem. The penalty is a custodial sentence of up to six months or a monetary penalty of up to 360 daily penalty units; if the offence is committed using the media, the penalty is increased to a custodial sentence of up to one year or a monetary penalty of up to 360 daily penalty units. The perpetrator is not punished if the claim is shown to be true or if circumstances are shown that gave the perpetrator sufficient reasons to believe the claim was true.

59.Slander is committed if a person accuses another, knowing that the accusation is false and in such a way that it may be perceived by a third party, of possessing a contemptible character or attitude or of dishonourable behaviour or of behaviour contrary to morality which is suited to make that person contemptible or otherwise lower the person in public esteem. The penalty is a custodial sentence of up to two years or a monetary penalty of up to 360 daily penalty units, and if the offence is committed using the media, a custodial sentence of up to three years or a monetary penalty of up to 360 daily rates.

60.Insult is committed if a person insults, mocks, physically mistreats, or threatens with physical mistreatment another person in a way that it may be perceived by a third party. The penalty is a custodial sentence of up to one month or a monetary penalty of up to 60 daily penalty units. If the slander is committed in front of more than two persons (not counting the perpetrator and the victim), then the penalty is increased to a custodial sentence of up to three months or a monetary penalty of up to 180 daily rates.

61.There were no criminal proceedings relating to media content during the reporting period.

Dissemination of information relating to the Covenant and its Optional Protocols (art. 2)

62.Since 2009, the Office for Foreign Affairs has held an annual NGO Dialogue as an exchange with Liechtenstein non-governmental organisations (NGOs) on human rights issues. NGOs were involved especially during the second Universal Periodic Review (UPR) of Liechtenstein by the UN Human Rights Council in 2012: They received a draft of the report and were invited to participate in reporting workshops on the issues cluster of “Racism, religion, and integration” and “Gender equality” that are also covered by the Covenant. The plenary session also discussed various aspects of civil and political rights. The NGOs feedback was taken up and incorporated into the UPR report, which in part served as a basis for the second periodic report on implementation of the Covenant.

63.Also in the subsequent years, the NGO Dialogues were used for exchanges on issues covered by the Covenant: In 2015, the main issue was “Equal opportunity and prevention of radicalisation” with a focus on the integration and equal opportunity of persons with a migration background. In 2016, the focus was on Liechtenstein’s independent national human rights institution. The annual NGO Dialogues are also used to inform NGOs about the focus areas and progress as well as current developments in Liechtenstein’s human rights policy, including information about reports on international agreements and report presentations.