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TITLE: LIECHTENSTEIN HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
LIECHTENSTEIN
The Principality of Liechtenstein is a constitutional monarchy
and parliamentary democracy. The reigning Prince is the Head
of State; all legislation enacted by the popularly elected
Parliament (Landtag) must have his concurrence. The Landtag
nominates and the Prince appoints the members of the Government
and of the functionally independent judiciary. The
Constitution authorizes the Prince to alter criminal sentences
or pardon offenders; if the offender is a member of the
Government, sentenced for violating an official duty, the
Prince can take such action only if the Landstag so requests.
The Interior Ministry effectively oversees the regular and
auxiliary police forces. There is no standing military force.
Despite its small size and limited natural resources,
Liechtenstein has developed during recent decades from an
agrarian society into a prosperous, highly industrialized,
free-enterprise economy with a vital service sector. It
participates in a customs union with Switzerland, and uses the
Swiss franc as its national currency. The citizens enjoy a
very high standard of living. Unemployment was only 1.5
percent in 1994.
The Constitution provides for basic human rights, and the
Government respects these. However, domestic violence against
women is a serious societal problem.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law prohibits torture and cruel punishment, and there were
no reports of use of such methods.
d. Arbitrary Arrest, Detention, or Exile
The law provides for freedom from arbitrary arrest and
detention, and the authorities honor these provisions. Within
24 hours of arrest, the police must bring the suspect before an
examining magistrate, who must either state formal charges or
order release. The law grants suspects the right to legal
counsel of their own choosing, at no cost if the suspect is
indigent. Release on personal recognizance or bail is granted
unless the examining magistrate has reason to believe the
person is a danger to society or will not appear for trial.
There is no provision for exile, and it does not occur.
e. Denial of Fair Public Trial
The judiciary is independent of the executive and legislative
branches. It has three tiers: lower court, high court, and
Supreme Court. In addition, an Administrative Court hears
appeals against government decisions. Also, a State Court
protects the rights accorded by the Constitution, decides on
conflicts of jurisdiction between the law courts and the
administrative authorities, and acts as a disciplinary court
for members of the Government.
The Constitution provides for public trials and judicial
appeal, and the authorities respect these provisions.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for personal liberty, and for
inviolability of the home, of postal correspondence, and of
telephone conversations. No violations have been reported.
Police need a judicial warrant to search private property.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
An independent press, effective judiciary, and democratic
political system combine to ensure freedom of speech and
press. There are two newspapers, each representing the
interests of one of the two major political parties. The only
broadcasting facility is a State-owned television station, but
residents freely receive radio and television broadcasts from
abroad.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and the the authorities do not interfere with
these. They require permits for public meetings and
demonstrations, but routinely grant them.
c. Freedom of Religion
The Government does not hamper the teaching or practice of any
faith. The finances of the Roman Catholic Church are
integrated directly into the budgets of the national and local
governments. Taxpayers may opt not to contribute to the
Church, but this decision precludes membership in the Church.
Roman Catholic or Protestant religious education is compulsory
in all schools, but the authorities routinely grant exemptions
for children whose parents so request.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens have unrestricted freedom to travel in or outside the
country, to emigrate, and to return. The country's lack of an
airport or international train station precludes it from being
a country of first asylum. There is no asylum law; Parliament
decides case-by-case on the few, sporadic applications. In
late 1994 it granted preliminary work permits, valid through
1996, for a group of 18 Tibetans who arrived in October 1993.
The Government returns rejected applicants to the Swiss or
Austrian entry point, after authorities there provide
assurances that applicants will not be forced to return to
countries that may persecute them.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The monarchy is hereditary in the male line. The 25-member
unicameral legislature is elected every 4 years. Suffrage is
universal for adults over age 20, and balloting is secret. A
two-party coalition has formed the Government since 1938.
Other parties operate freely; one currently has a seat in
Parliament. The Government regularly puts initiatives and
referendums to popular vote.
Since women gained the right to vote in 1984, a growing number
of women have been active in politics. Two women are members
of Parliament, and two--one of them the Foreign Minister--are
among the five members of the Cabinet. Women are serving on
the executive committees in the major parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The sole human rights organization based in Liechtenstein,
Justitia Et Pax, is an informal group of about ten persons who
monitor prison conditions and assist foreign workers with
immigration matters.
There have been no requests from any source for investigation
of human rights violations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law prohibits discrimination on the basis of race,
language, or social status, and the authorities respect these
provisions.
Women
Societal discrimination still limits opportunities for women in
fields traditionally dominated by men, and the law still
provides no means to redress discrimination. However, a 1992
constitutional amendment provided for equality for women under
the law, and requires the Parliament to revise, by the end of
1995, all laws relevant to this provision. Accordingly,
Parliamentary committees have been working on revision of the
statutes concerning citizenship, education, employment
conditions, taxation, and other matters.
Domestic violence against women is a serious problem. Over 670
women were given shelter in 1994 due to violence or threats
from a spouse or male partner. The law prohibits wife beating,
and the Government prosecutes abusers.
Children
There is no pattern of societal abuse against children. The
Government supports programs to protect the rights of children,
and matches contributions made to the four nongovernmental
organizations monitoring children's rights.
People with Disabilities
Although the law does not expressly prohibit discrimination
against people with disabilities, complaints of such
discrimination may be pursued in the courts.
The Government has not required that buildings or government
services be made accessible for people with disabilities.
Section 6 Worker Rights
a. The Right of Association
Labor-management relations are conducted according to the Swiss
Code of Obligations. All workers, including foreigners, are
free to associate, join the unions of their choice, and select
their own union representatives. The sole trade union
represents 13 percent of the work force, but it looks after the
interests of nonmembers as well. It is a member of the World
Confederation of Labor, but is represented there by a Swiss
union.
Workers have the right to strike except in certain essential
services. No strikes are known to have taken place in the last
26 years. The law does not provide specific protection for
strikers. Employers may dismiss employees for refusal to work;
such dismissals may be contested.
b. The Right to Organize and Bargain Collectively
The law provides for the right of workers to organize and
bargain collectively. However, collective bargaining
agreements are generally adapted from ones negotiated by Swiss
employers and unions.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and there were no
reports of violations.
d. Minimum Age for Employment of Children
The law generally prohibits employment of children under age
16; however, regulatory exceptions may be made, under certain
circumstances, for some employment of youths older than 13 and
for those leaving school after age 14.
e. Acceptable Conditions of Work
There is no national minimum wage, but even the lowest actual
wages afford a decent living for workers and their families.
The law sets the maximum workweek at 45 hours for white-collar
workers and employees of industrial firms, and 50 hours for all
other workers. The actual workweek is usually 40 to 43 hours.
Employers must guarantee workers 1 1/2 rest days each week,
usually Saturday afternoon and Sunday. Workers over age 19
receive at least 4 weeks of vacation; younger ones, at least 5
weeks.
The law sets occupational health and safety standards, and the
Department for Worker Safety effectively enforces these
provisions.