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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS INITIAL REPORT OF LIECHTENSTEIN
04 May 2006
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4 May 2006
The Committee on Economic, Social and Cultural Rights has reviewed the initial report of Liechtenstein on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report was Norbert Frick, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, who said Liechtenstein considered all human rights to be universal, indivisible, interdependent and interrelated, and attached great importance to the international and regional human rights agreements and their implementation. Liechtenstein had been adopting and implementing the same standards as the 25 European Union Member States since 1995. Important acts that it had adopted in the area of economic, social and cultural rights included directives on part-time work and fixed-term work, on informing and consulting employees, on the burden of proof in cases of discrimination based on sex, on parental leave, and on the protection of young people at work.
During the discussion, which was held over two meetings, Committee Experts raised questions pertaining to, among other things, judicial issues and case law related to the Covenant; incidents of racism, xenophobia and related intolerance and what Liechtenstein was doing to combat these; equal opportunities for women and the services provided by the body in charge of oversight for this matter; educational issues, in particular with regards to the need for students to go to Switzerland and Austria for further education; measures used to counteract domestic violence; issues related to drug consumption; and the right to health.
The Committee will issue its concluding observations and recommendations on the report of Liechtenstein at the end of its three-week session on 19 May.
Other members of the delegation of Liechtenstein included representatives of the Permanent Mission of Liechtenstein to the United Nations in New York, the Office of Education, the Immigration and Passport Office, the Office of Economic Affairs, the Office of Social Affairs, and the Office of Foreign Affairs.
The Committee will reconvene at 10 a.m. on Friday 5 May, when it will take up the fourth periodic report of Canada (E/C.12.4/Add.15).
Report of Liechtenstein
The initial report of Liechtenstein (E/1990/5/Add.66) enumerates legislative, administrative, and other measures that have been taken in line with the Covenant. In the Liechtenstein Constitution, the promotion of the overall welfare of the people is defined as the highest responsibility of the State. Subsequently, an entire series of social rights are enumerated in the Constitution, which in turn have been complemented by extensive provisions at the level of legislation and ordinances. The rights enumerated include obligations to promote education and schooling, public health, social services, and measures pertaining to economics and labour law. An Office of Gender Equality was established in 1996 to promote the equality of women and men in all areas of life. It serves as a contact point for women and men in Liechtenstein, as well as for all institutions affected by gender equality questions, especially in the areas of education, politics, administration, business and trades, social affairs and culture. The overarching goal is to create equal opportunities and equal rights in life and work for women and men in Liechtenstein.
Liechtenstein law does not stipulate any minimum wage, since Liechtenstein labour law is based on the principle of freedom of contract. Minimum wages are, however, agreed upon between the social partners in collective labour agreements. The right to family life and the various rights and responsibilities of family members are governed by the General Civil Code. In general, the responsibilities of parents include raising their under age children and promoting their well-being. The rights and responsibilities of the father and the mother are in general equal. A fundamental revision of the occupational safety provisions in Liechtenstein is currently under way. One of the main concerns is to improve the protection of young employees. Part of the revision will therefore include a new ordinance on occupational safety for young workers.
The standard of living in Liechtenstein is high. The healthy economic environment provides most inhabitants with a secure income and pleasant living conditions. Absolute poverty as such does not exist in Liechtenstein, although some people are disadvantaged compared to others and require State support. Social assistance is complementary and subsidiary and only supports persons who are not or no longer covered by social insurances and other mechanisms or whose income is insufficient. Access to a wide range of nutrition is secured in Liechtenstein. The problem of the right to food must therefore be viewed less in terms of quantity and more in terms of quality.
Introduction of Report
NORBERT FRICK, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, said Liechtenstein considered all human rights to be universal, indivisible, interdependent and interrelated, and attached great importance to the international and regional human rights agreements and their implementation, and it therefore strove to fulfil its reporting requirements in a timely and substantive manner. Liechtenstein was also committed to strengthening the system of human rights protection within the framework of the United Nations. Liechtenstein was therefore following the reform of the treaty bodies with great interest.
Liechtenstein had been adopting and implementing the same standards as the 25 European Union Member States since 1995, when it became a member of the European Economic Area. Important acts that it had adopted in the last two years in the area of economic, social and cultural rights included the directives on part-time work and fixed-term work, the directive on informing and consulting employees, that on the burden of proof in cases of discrimination based on sex, the directive on parental leave, and that on the protection of young people at work. Other measures relating to economic, social and cultural rights in which Liechtenstein was currently engaged and were of particular note were the Disability Equality Act, measures for a strong social partnership, securing the social welfare state, and international humanitarian cooperation.
If a person in Liechtenstein believed that his or her fundamental rights had been violated, a multi-stage complaint procedure was available, and this included the possibility of having the Constitutional Court review the constitutionality of legal provisions. As the cooperative social partnership was one of the cornerstones of the Liechtenstein economic order, the Government was strongly committed to maintaining and strengthening it. As part of a broad consultation procedure, the Government had invited interested associations and interest groups to comment on the planned measures. The analysis of the Liechtenstein social welfare State had made it clear that reforms were necessary to guarantee the security of the social systems over the long term. The Government was also currently engaged in drafting a new legislative proposal on international cooperation.
Questions Raised by Committee Experts
On a question on the status of the International Covenant on Economic, Social and Cultural Rights, an Expert asked if there was any specific case law invoking the Covenant since its incorporation in national law. If not, was this due to a lack of information about the Covenant in users of the legal system, including judges? A further question on the independence of the judiciary vis-à-vis the Prince was also posed, as this was unclear. Liechtenstein was also urged to join the ILO and UNESCO. Another Expert asked whether the relevant provisions of the Covenant were specific enough when read together with the Committee’s General Comments, and said he hoped that the courts did not find that the rights had not been delineated with sufficient clarity in order to be justiciable.
Another Expert asked whether Liechtenstein was in favour to having an Optional Protocol to the Covenant, and whether the Government would consider establishing an independent human rights Ombudsman or Council or similar body which would in particular embrace economic, social and cultural rights.
In accordance with Liechtenstein’s Constitution, every municipality had the right to separate from the State, an Expert noted, saying that in the last century, Liechtenstein had taken an initiative to develop further the right of peoples to self-determination. Among the justifications to that initiative, there was a mention that correct formulation of the right to self-determination would contribute to weakening domestic conflicts among the population and would be a guarantee against the escalation of such conflicts. The Expert asked whether this was just an academic exercise on Liechtenstein’s part, or whether there was a danger or tendency for domestic conflicts between groups of the population within Liechtenstein itself. Did the Government of Liechtenstein share the view of the Organization of Security and Cooperation in Europe that the principle of territorial integrity prevailed over the principle of self-determination from the point of view of the right to separate from the State, he asked.
An Expert noted that people of Turkish origin and Muslims were discriminated against in incidents that had been alluded to by the Human Rights Committee and the European Commission on Racism and Intolerance. The latter had spoken of discrimination against people of immigrant origin in such fields as employment, housing, schools and public places, and asked what measures had been taken by the State to address such problems. Another Expert commented that the procedure for asylum seekers appeared to be very long, and this was recognised by Liechtenstein itself, and asked why the procedure took so long. A clarification of the role of the Office for Equal Opportunity was also required, and another Expert asked how dove-tailing of these activities was accomplished. There was a need for a concerted strategy on gender equality, and she asked whether this existed, and how legislation was implemented in practice. Another Expert asked whether there was a law which made equal pay for equal work mandatory.
An Expert said he was convinced that Liechtenstein had an almost perfect record on human rights, but asked whether the size of the country, both geographical and in economic strength, was a handicap in this regard. Which fundamental rights could be suspended, limited or derogated from in the case of emergency in Liechtenstein, he asked. The Constitution guaranteed the principle of equal treatment for all citizens, whilst those of foreign citizens were guaranteed by international treaties, and this appeared to be a form of discrimination.
On international cooperation, an Expert asked whether Liechtenstein was increasing its rate of international cooperation. The State had ratified a large number of human rights instruments that were necessary, and yet it had not considered the possibility of constitutional reform in order to include new realities and international obligations, and he asked whether this might be considered. What environmental projects had Liechtenstein financed, another Expert asked. A large percentage of the statistics provided covered bilateral cooperation, and he asked why there was such a difference in spending between bilateral and multilateral cooperation.
Response by Delegation
Responding to the question on why there was no case law and whether the Covenant was taken as a basis or as a ruling, the delegation said there was a difference between the knowledge of the population and that of judges on the existence and impact of the European Convention on Human Rights and other international instruments including the six United Nations treaties to which Liechtenstein was a party. Liechtenstein had been a member of the Council of Europe for the last 30 years, and this was the first reason that it was more aware of the first instrument than any others. The European Court handed down rulings on the application of the European Convention, which were published in legal journals. The body that supervised and judged the implementation of the European Convention was also better-known than the United Nations treaty bodies, and this was why Liechtenstein also committed itself, within the framework of the United Nations, to the reform of the monitoring system. Liechtenstein’s commitment to this reform would also play a role in rendering the system better known in Liechtenstein, and in the future case law would evolve in which the Covenant played a role or was used as a bench-mark.
On the independence of judges, in the Constitution there was a clear principle of independence of the judges, which stated that judges had their own independent position and were not dependent on any decision of the Prince. If the ILO Conventions were ratifiable by non-members, the delegation said, then it would be a lot simpler, and Liechtenstein would do so. Becoming a member of the ILO and UNESCO required resources, and the diplomatic resources of Liechtenstein were limited.
Liechtenstein had not yet been involved in the elaboration of the different texts on the Optional Protocols since this took place. Liechtenstein was in favour of having an inclusive process, ideally to take place in New York, as this would allow Liechtenstein to participate to a greater extent. Liechtenstein was in favour of giving the protection under all the core instruments the same scope, and it was a question of finding a broad consensus, the delegation said, as it would be rather contradictory to rush and to have an Optional Protocol adopted by a majority but which was not signed or ratified by many.
The Office for Equal Opportunity and the planned Ombudsman for Children’s Rights would form a system of high accessibility for those who wished to contact them and bring up grievances. With the Office for Equal Opportunity, which mainly focused on the question of discrimination, a greater focus would be made on economic, social and cultural rights. Liechtenstein thought that with regards to that set of rights, the Office for Equal Opportunity, although it was not a human rights body as per the Paris Principles, was accessible and contributed significantly to the promotion and protection of human rights in Liechtenstein, the delegation said.
With regards to the principle of self-determination, the Constitution, which provided for self-determination, as well as the succession, showed that there was a very democratic process with regards to the former, as consultation was a very important factor in this regard. It had not been introduced to defuse domestic conflict, but in order to stress that there was a need for inclusive and democratic principles. The initiative the Expert had referred to had been taken up at the academic level at the United Nations in order to be discussed in a less politicised framework and to find out what measures could be taken in order to defuse conflicts and ensure more self-government. Liechtenstein thought that by taking a new approach, this would ensure that the voice of the people was taken into account.
On what measures had been taken on discrimination, in particular with regards to schools, housing and employment, the delegation said several State authorities in Liechtenstein were involved in promoting the integration of foreigners and intercultural relations. In schools, a lot of intercultural projects were undertaken to improve understanding between different cultures and social groups and between the whole population of Liechtenstein. On the issue of racism, xenophobia and related intolerance, Liechtenstein was not an isle of holiness, and there were problems, and there were incidents of racism, but teachers were trained to confront these and to act in a proper way. Liechtenstein was so small that virtually every event was noted, and these were being tackled through the education system.
Some 80 years ago, Liechtenstein had almost no foreigners, and today almost 34 per cent of its population was made up of foreigners, mostly from France and Germany, although there were significant groups of others who were not only culturally different but had a different religious background. In 1968, the first Turkish person immigrated to Liechtenstein, and he was still living there today. This showed that immigration was a relatively new phenomenon. Today, there was a community of roughly 1,200 Muslims, which exposed the country to new issues.
The Office of Equality existed to sensitise the population, for example by starting campaigns, and to function as a contact point, the delegation said. Economic power was not an issue linked to human rights in Liechtenstein, but it was when it came to structure, as solutions needed to be found that reflected the size of the country as well as the situation of the population, and therefore there did not seem to be a need for a third human rights body, as the existing ones appeared to fulfil needs. There had never been a case under the Constitution where fundamental rights had been derogated from.
There had been concrete measures which had established a pool of women who could be interested in becoming involved in politics, in particular in commissions on the local and community level and advisory commissions for the central Government, the delegation said. Training courses had been offered for interested women, in particular training on public negotiation. At this time there was no paid parental leave for men. Kindergarten was not obligatory, but over 99 per cent of parents sent their children. On a municipal level there were different care facilities for younger children, and these were quite cheap. Some 0.4 per cent of GDP, which was 2 per cent of the budget was consecrated to aid and cooperation, and a particular focus had been made on environmental cooperation, aiming to improve the situation of those living in rural areas.
Questions by Experts
Moving ahead to articles 13 and 14 of the Covenant, as a member of the delegation had to return to the capital urgently, an Expert said that as there was no real university in Liechtenstein, and students therefore had to go to Austria and Switzerland to continue their studies, did they receive scholarships? Did foreign students have the same rights to go abroad for their education, and was Liechtenstein considering building its own university. Another Expert asked whether technical training, which was taught in Switzerland, was the same as that taught in Liechtenstein, and what was the extent of any problems caused by this.
Response by Delegation
The delegation said all residents of Liechtenstein were free to study abroad and did not lose their resident permits thereby, as long as the application was made to the office of emigration. Liechtenstein was also wondering why it did not have a proper university, but recognised that it was simply not big enough to justify the creation of a broad-based university covering all disciplines. There were about 5,000 school-age students, and about 400 or 500 university-age students, and therefore the creation of a university was not feasible. There were scholarships and financial aid which allowed students to study in Switzerland or in other countries to study whilst being supported by the State. This financial assistance was also provided to foreign students who were resident in Liechtenstein, regardless of their country of origin, and this included students from all origins. Students who studied abroad were free to choose their subject of study.
Technical training was provided in an inter-state, inter-regional, international form, in a way that was determined by agreement between Liechtenstein and Switzerland, with both countries providing resources. The instruction on the Covenant in schools could be improved, the delegation said, although it was part of the curriculum. However, it could not be said that every article of the Covenant was studied - and the delegation promised that on return to the country that issue would be resolved.
In follow-up questions, an Expert noted that Liechtenstein appeared to be making a significant effort with regards to education on many levels, but that the material showed that children of immigrant origin fared less well than others as far as schooling was concerned, and were less likely to attend tertiary education, and more likely to attend a lower-level secondary school.
Responding, the delegation said the report stated that the achievements of immigrant students were lower, and Liechtenstein acknowledged this, and had tried to determine the reasons for this, as it was sure that the system tried to fill that gap and to help immigrant students to achieve as well as local students, but they were not really successful. One of the reasons was the language problem, another was the real influence of the family, and here the school system had a very early separation point, with five years of comprehensive schooling in primary school, after which students were streamed into three tracks, and unfortunately most immigrant students were streamed to the lowest one. Liechtenstein believed that part of the problem was due to this, and the influence of the social and economic background was quite high in this regard. Liechtenstein was working in a Commission to change its school system in order to remedy this situation.
Another part of the problem, the delegation said, was the legal problem, as parents brought their children only after primary school education in their countries of origin, and there was a need to catch up - and this was very difficult. Another reason was due to the recruitment system, which had recruited men of low education with very little knowledge of the German language, and this had repercussions on the children which they brought to Liechtenstein. Corporal punishment was prohibited in schools, the delegation said, and there was no problem of that kind in Liechtenstein.
Questions by Experts
Returning to articles 6 to 8, an Expert asked whether there was a continuing trend for higher rates of unemployment among the young. How much did unemployment benefits amount to, and how long did they last, he asked. On women in the workforce, there was no legislation on equal pay for equal work, but this principle was upheld. Women were usually to be found in underpaid or poorly paid jobs as compared to men, and he asked if anything was being done to change this. Were there any collective agreements on minimum wages, he asked, and how was the right to strike protected, in particular for civil servants, as it was not included in the Constitution.
Another Expert asked whether Liechtenstein considered moving to a minimum form of income as provided by social assistance that would allow people to live in dignity. Shouldn’t provisions against discrimination also cover the field of promotion and recruitment of workers, another Expert asked.
Response by Delegation
Answering a question on youth employment and the current situation, the delegation said unemployment of people aged 25 and younger amounted to about 20-25 per cent of the whole number of unemployed in Liechtenstein at the time of the report. The Government had taken a number of measures to fight unemployment amongst the young, with some small measure of success, with a decrease of the number to 18-20 per cent. It was a seasonal form of unemployment, as in July-August every year, apprenticeships ended, and some did not find a job immediately. However, the situation had eased, and there was almost no long-term unemployment among the young.
In Liechtenstein, the delegation said, the minimum wage was agreed upon with the social partners, including the workers associations and the Chamber of Trade and Commerce. Recently, the Government had decided on a comprehensive package of measures to restore the necessary clarity and certainty for Liechtenstein’s business associations with regards to employment, with collective agreements to be universally binding, on the Swiss model. In the case of sectors or professions without valid employment contracts, the Draft Bill established that the Government could set minimum wages if wages were underbid repeatedly or in an abusive manner.
On the issue of the representation of women in part-time jobs and less-well paid jobs, there was no legal discrimination against women in the work place, although discrimination continued to exist, the delegation said. The Office of Equal Opportunities had been taking measures to eliminate prejudices and stereotypes with regards to men and women, including an exhibition on Family and Work Balance, with the aim of showing how to reconcile work and family life. An NGO project on encouraging women to return to work had also been given a prize.
Regarding the issue of the right to strike and whether this should not be regulated in some way in the legal order, the delegation said that the Government planned to submit this year to Parliament a revised Act on civil servants, in which the provision that could have caused problems in the past and was in contradiction to the right to strike would not be included any more. There would no longer be a provision that was in contradiction with the Covenant. Given the fact that the Covenant was directly applicable, the provision itself was concrete enough to be invoked before the courts.
On the topic of early recognition of disability in the work place, there was a measure aimed at this, in order to ensure that the disability did not get worse, and that thus costs were kept to a lower level, the delegation said. Another measure which had been taken was linked to the EEA membership of Liechtenstein, which had as a result a very high influx of doctors. With the increase of services, costs had increased, and the Government had taken a measure to stop or reduce the influx of doctors, in order to control the increase of expenditure. This was done on a non-discriminatory basis. The idea was to optimise the system, providing services to those in need, but without undermining the system as a whole.
Liechtenstein had been observing the very worrying developments in neighbouring countries including Germany and Switzerland, and from that point the Government had become aware that it had to analyse the social welfare and assistance, before developments spiralled out of control. The reasons for the increase in needs were various, and therefore reforms could only be successful if they were conducted on several levels. A reduction in benefits would be the last reform - beforehand, the Government intended to remove all other problems and improve the lack of coordination of the system before starting any other reforms. Health insurance was the major part of the whole social insurance system, and the State made the greatest contribution. Therefore, political discussions including all stakeholders had been ongoing on several levels to improve the system in order to better protect the people in need before more drastic measures had to be taken which was not the intent of the Government.
On the minimum standards of social assistance, this did not operate from a basis of a fixed amount, but was assessed on a case-by-case basis, including individual housing costs and other needs, the delegation said. In the future, more attention would be given to the development of financial incentives for increased work. There were 664 recipients of social assistance for the past year, but this included not only those recipients who received financial assistance, but also those who were clients of the social service division who received personal assistance. Some 506 people had received financial assistance over the last year. Social assistance was a supplementary and subsidiary form of support from the State which guaranteed a life in dignity.
Besides the Labour Act which prohibited discrimination, the Covenant also extended to this field, and were there a case brought to the Court, the latter might decide that the law needed to be more explicit in this regard, but Liechtenstein believed that the law, combined with the Constitution and the Covenant, formed a sufficient protection for the rights of workers, the delegation said.
In a follow-up question, an Expert noted that employees of the State party were not protected against unfair dismissal, and asked what measures were being considered to protect employees against this phenomenon. Another Expert asked for further details on policies for workplace integration of the disabled, suggesting that these could be further implemented. She also noted that when compared to a case-by-case assessment of needs, then it became clear that a rights-based approach was preferable.
Responding, the delegation said that there was a provision in the law which stipulated that the termination of a labour relationship on the grounds of personal traits, which included race, ethnicity and religion, was considered a wrongful termination. An Expert suggested a clarification of the law to prohibit discrimination in promoting and employing workers. The delegation said when it came to recruitment, this advice would be taken, to put recruitment on a legal base, but pointed out that the fact was that in the last few years, people had been mainly recruited from abroad, and that the first choice was done by employers. Another Expert asked if, in assuming certain official positions, whether Liechtenstein had certain restrictions, such as in certain posts only being able to be filled by Liechtenstein citizens, or European Union citizens, or if there were no restrictions. The delegation said there were very few restrictions - foreigners could not hold a political position, but foreigners could enter the police force, be judges or teachers, and in the national administration there were non-Liechtensteiners right up to the Governmental level. The Government tried to at least fill the diplomatic service with nationals. Two-thirds of jobs were filled by foreigners, the delegation noted.
Questions by Experts
An Expert asked for more details on the impact of measures to counteract domestic violence, as this phenomenon persisted in the country, with one woman out of five a victim of domestic violence. Measures applied to counteract alcohol and drug consumption among children also required further elaboration. Another Expert asked for details on discrimination faced by immigrant women, as well as for details on discrimination against immigrants in the case of housing. He also asked whether immigrants qualified for subsidised housing payments. Another Expert asked whether there were enough services for dependent people, and whether there could be any improvement in this field.
The health situation in Liechtenstein was very favourable, an Expert noted, but asked whether there had been violations or incursions in the human right to health. He also asked what the situation was with regards to minors, and to what extent their rights to health were covered, as well as what was the situation with regards to forced treatment concerning parents or guardians. Further information was also required as to Liechtenstein’s experience with methadone treatment for heroin addiction, and whether it had decreased the number of crimes due to drug addiction. Another Expert asked for information on drug-trafficking and domestic measures and legislation aimed at other issues related to drugs other than consumption.
Another Expert said many countries suffered from the phenomenon of children born out of wedlock, but in Liechtenstein the numbers stood out as they were very high, and asked whether this was due to strict laws against abortion. He suggested some sort of campaign to deal with this, as the high number of children born out of wedlock caused many problems, including economic, social and psychological problems, and ended in a generation that was ill-equipped to deal with the future. He also inquired why the phenomenon of “mail-order brides” was tolerated, pointing out the difficult situation which these women suffered with regards to their residency permits. The low age of marriage, 16, was also a problem.
Response by Delegation
The delegation said that domestic violence had been recognised by the Government to be an issue that required to be treated at all levels, including practical structural measures and prevention. As far as legislative measures were concerned, there was a measure that allowed the police to expel an offender from the home. Last year, there were 20 operations undertaken, with three expulsions, and six cases in which a person was prohibited from returning to the home, which was a more serious measure than expulsion, as it lasted longer. What was very difficult to measure was the impact of preventive measures, and whether there had really been changes in attitude. There were projects that had been initiated in close cooperation with competent and similar bodies in neighbouring Austria and Switzerland in order to measure how many cases of violence took place and a campaign had been undertaken in which men and women were asked what they understood by the term “violence against women”, and this took place so as to increase awareness of the problem and it became clear that people’s views of what constituted violence varied hugely. The movement towards gender equality was considered to be the best remedy, as it would combat both physical and other forms of violence.
On the questions relating to drug and alcohol abuse, there were no comprehensive statistics, but the situation was believed to be the same as in Switzerland, with a certain significant proportion of the population equivalent to one person out of ten believed to be addicted to alcohol. A Commission was working to reduce this, in particular with courses, brochures and projects taking place in schools. A new campaign had recently begun to this effect; with the main message being to take responsibility for one’s own health and that it was necessary to learn reasonable behaviour. Around 25 per cent of young people had been exposed to cannabis consumption, and dealing with this issue was also a priority for the Government.
There was a problem with housing for foreigners in Liechtenstein, in particular if they had dark skin, the delegation said. Clients of the Social Affairs Department also sometimes had such problems, but they usually found housing. It was a very small problem, but it was recognised. On rental subsidies for foreigners, they could ask for such subsidies, and there was no difference between citizens and foreigners on this question. Asylum seekers were cared for, and as long as they were in the process, were either housed in a reception centre, or, especially when they were families, given housing in municipalities. Once they received a residence permit, they were also provided with housing, as not to do so would not make sense.
It was very difficult to measure the level of discrimination in a scientific manner, but this was the main focus of the National Action Plan which had begun last year and should finish in 2006, which would allow the Government to have statistics which would help in determining further measures in this field. About 3 per cent of young people had consumed hard drugs, whilst 6 per cent consumed cannabis. However, the main problem was not illegal drugs, but legal ones, such as alcohol and tobacco, and the main issue was to teach the young to deal with these products, raising the entry age and minimising the risks of consumption.
Regarding the question on mail-order brides, the law foresaw that if there was a break-up of a marriage within the span of five years, then the partner who had come to Liechtenstein had to leave the country, as long as there were no other issues such as children. The practice was that if there were children that were integrated and attending schools, mothers were not forced to leave Liechtenstein. There were very strict laws on abortion. There was a centre which gave substantial financial help to pregnant women, with the aim of preventing them from aborting abroad, as sometimes happened. There were very few incidents of pregnancy among the under-18 years old, approximately one a year, and the Government believed it had a very good counselling system as a whole for pregnant unmarried women.
The delegation said there was no discrimination perpetrated against children born out of wedlock, and noted that societal stigmatisation had decreased significantly. The low age of marriage was linked to the factual situation, and the average age of marriage was 30. The possession of child pornography was criminalized, as was child abuse abroad. On child care services for women in part-time jobs, there were currently enough, but the offer was limited. On physical and mental health, there were also sufficient services both on the in-patient and out-patient level, and there were also contracts with neighbouring countries to provide mental health services. It was true that more women than men worked part-time, but this was a deliberate choice. Even the highest-paid jobs were sometimes taken on part-time, and this was at the choice of the employee.
In a follow-up question, an Expert asked what happened when a foreign bride was subjected to violence and had to leave a marriage before five years were up, and whether she was still deported. The delegation said physical violence was a reason for which women would not be forced to leave the country.
In concluding remarks, Mr. Frick said he thanked the Committee for its interest and numerous questions, and hoped that they had been answered. However, Liechtenstein would not leave it at that, and would take the questions home for further reflection. Nobody was perfect, and there were differences which had to be dealt with for more progress, and the discussion had been very helpful in that sense for Liechtenstein, with many interesting questions and remarks. Liechtenstein would look forward to the concluding observations with great interest, and hoped that next time it was before the Committee it would be able to report further progress.
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For use of the information media; not an official record
The Committee on Economic, Social and Cultural Rights has reviewed the initial report of Liechtenstein on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report was Norbert Frick, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, who said Liechtenstein considered all human rights to be universal, indivisible, interdependent and interrelated, and attached great importance to the international and regional human rights agreements and their implementation. Liechtenstein had been adopting and implementing the same standards as the 25 European Union Member States since 1995. Important acts that it had adopted in the area of economic, social and cultural rights included directives on part-time work and fixed-term work, on informing and consulting employees, on the burden of proof in cases of discrimination based on sex, on parental leave, and on the protection of young people at work.
During the discussion, which was held over two meetings, Committee Experts raised questions pertaining to, among other things, judicial issues and case law related to the Covenant; incidents of racism, xenophobia and related intolerance and what Liechtenstein was doing to combat these; equal opportunities for women and the services provided by the body in charge of oversight for this matter; educational issues, in particular with regards to the need for students to go to Switzerland and Austria for further education; measures used to counteract domestic violence; issues related to drug consumption; and the right to health.
The Committee will issue its concluding observations and recommendations on the report of Liechtenstein at the end of its three-week session on 19 May.
Other members of the delegation of Liechtenstein included representatives of the Permanent Mission of Liechtenstein to the United Nations in New York, the Office of Education, the Immigration and Passport Office, the Office of Economic Affairs, the Office of Social Affairs, and the Office of Foreign Affairs.
The Committee will reconvene at 10 a.m. on Friday 5 May, when it will take up the fourth periodic report of Canada (E/C.12.4/Add.15).
Report of Liechtenstein
The initial report of Liechtenstein (E/1990/5/Add.66) enumerates legislative, administrative, and other measures that have been taken in line with the Covenant. In the Liechtenstein Constitution, the promotion of the overall welfare of the people is defined as the highest responsibility of the State. Subsequently, an entire series of social rights are enumerated in the Constitution, which in turn have been complemented by extensive provisions at the level of legislation and ordinances. The rights enumerated include obligations to promote education and schooling, public health, social services, and measures pertaining to economics and labour law. An Office of Gender Equality was established in 1996 to promote the equality of women and men in all areas of life. It serves as a contact point for women and men in Liechtenstein, as well as for all institutions affected by gender equality questions, especially in the areas of education, politics, administration, business and trades, social affairs and culture. The overarching goal is to create equal opportunities and equal rights in life and work for women and men in Liechtenstein.
Liechtenstein law does not stipulate any minimum wage, since Liechtenstein labour law is based on the principle of freedom of contract. Minimum wages are, however, agreed upon between the social partners in collective labour agreements. The right to family life and the various rights and responsibilities of family members are governed by the General Civil Code. In general, the responsibilities of parents include raising their under age children and promoting their well-being. The rights and responsibilities of the father and the mother are in general equal. A fundamental revision of the occupational safety provisions in Liechtenstein is currently under way. One of the main concerns is to improve the protection of young employees. Part of the revision will therefore include a new ordinance on occupational safety for young workers.
The standard of living in Liechtenstein is high. The healthy economic environment provides most inhabitants with a secure income and pleasant living conditions. Absolute poverty as such does not exist in Liechtenstein, although some people are disadvantaged compared to others and require State support. Social assistance is complementary and subsidiary and only supports persons who are not or no longer covered by social insurances and other mechanisms or whose income is insufficient. Access to a wide range of nutrition is secured in Liechtenstein. The problem of the right to food must therefore be viewed less in terms of quantity and more in terms of quality.
Introduction of Report
NORBERT FRICK, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, said Liechtenstein considered all human rights to be universal, indivisible, interdependent and interrelated, and attached great importance to the international and regional human rights agreements and their implementation, and it therefore strove to fulfil its reporting requirements in a timely and substantive manner. Liechtenstein was also committed to strengthening the system of human rights protection within the framework of the United Nations. Liechtenstein was therefore following the reform of the treaty bodies with great interest.
Liechtenstein had been adopting and implementing the same standards as the 25 European Union Member States since 1995, when it became a member of the European Economic Area. Important acts that it had adopted in the last two years in the area of economic, social and cultural rights included the directives on part-time work and fixed-term work, the directive on informing and consulting employees, that on the burden of proof in cases of discrimination based on sex, the directive on parental leave, and that on the protection of young people at work. Other measures relating to economic, social and cultural rights in which Liechtenstein was currently engaged and were of particular note were the Disability Equality Act, measures for a strong social partnership, securing the social welfare state, and international humanitarian cooperation.
If a person in Liechtenstein believed that his or her fundamental rights had been violated, a multi-stage complaint procedure was available, and this included the possibility of having the Constitutional Court review the constitutionality of legal provisions. As the cooperative social partnership was one of the cornerstones of the Liechtenstein economic order, the Government was strongly committed to maintaining and strengthening it. As part of a broad consultation procedure, the Government had invited interested associations and interest groups to comment on the planned measures. The analysis of the Liechtenstein social welfare State had made it clear that reforms were necessary to guarantee the security of the social systems over the long term. The Government was also currently engaged in drafting a new legislative proposal on international cooperation.
Questions Raised by Committee Experts
On a question on the status of the International Covenant on Economic, Social and Cultural Rights, an Expert asked if there was any specific case law invoking the Covenant since its incorporation in national law. If not, was this due to a lack of information about the Covenant in users of the legal system, including judges? A further question on the independence of the judiciary vis-à-vis the Prince was also posed, as this was unclear. Liechtenstein was also urged to join the ILO and UNESCO. Another Expert asked whether the relevant provisions of the Covenant were specific enough when read together with the Committee’s General Comments, and said he hoped that the courts did not find that the rights had not been delineated with sufficient clarity in order to be justiciable.
Another Expert asked whether Liechtenstein was in favour to having an Optional Protocol to the Covenant, and whether the Government would consider establishing an independent human rights Ombudsman or Council or similar body which would in particular embrace economic, social and cultural rights.
In accordance with Liechtenstein’s Constitution, every municipality had the right to separate from the State, an Expert noted, saying that in the last century, Liechtenstein had taken an initiative to develop further the right of peoples to self-determination. Among the justifications to that initiative, there was a mention that correct formulation of the right to self-determination would contribute to weakening domestic conflicts among the population and would be a guarantee against the escalation of such conflicts. The Expert asked whether this was just an academic exercise on Liechtenstein’s part, or whether there was a danger or tendency for domestic conflicts between groups of the population within Liechtenstein itself. Did the Government of Liechtenstein share the view of the Organization of Security and Cooperation in Europe that the principle of territorial integrity prevailed over the principle of self-determination from the point of view of the right to separate from the State, he asked.
An Expert noted that people of Turkish origin and Muslims were discriminated against in incidents that had been alluded to by the Human Rights Committee and the European Commission on Racism and Intolerance. The latter had spoken of discrimination against people of immigrant origin in such fields as employment, housing, schools and public places, and asked what measures had been taken by the State to address such problems. Another Expert commented that the procedure for asylum seekers appeared to be very long, and this was recognised by Liechtenstein itself, and asked why the procedure took so long. A clarification of the role of the Office for Equal Opportunity was also required, and another Expert asked how dove-tailing of these activities was accomplished. There was a need for a concerted strategy on gender equality, and she asked whether this existed, and how legislation was implemented in practice. Another Expert asked whether there was a law which made equal pay for equal work mandatory.
An Expert said he was convinced that Liechtenstein had an almost perfect record on human rights, but asked whether the size of the country, both geographical and in economic strength, was a handicap in this regard. Which fundamental rights could be suspended, limited or derogated from in the case of emergency in Liechtenstein, he asked. The Constitution guaranteed the principle of equal treatment for all citizens, whilst those of foreign citizens were guaranteed by international treaties, and this appeared to be a form of discrimination.
On international cooperation, an Expert asked whether Liechtenstein was increasing its rate of international cooperation. The State had ratified a large number of human rights instruments that were necessary, and yet it had not considered the possibility of constitutional reform in order to include new realities and international obligations, and he asked whether this might be considered. What environmental projects had Liechtenstein financed, another Expert asked. A large percentage of the statistics provided covered bilateral cooperation, and he asked why there was such a difference in spending between bilateral and multilateral cooperation.
Response by Delegation
Responding to the question on why there was no case law and whether the Covenant was taken as a basis or as a ruling, the delegation said there was a difference between the knowledge of the population and that of judges on the existence and impact of the European Convention on Human Rights and other international instruments including the six United Nations treaties to which Liechtenstein was a party. Liechtenstein had been a member of the Council of Europe for the last 30 years, and this was the first reason that it was more aware of the first instrument than any others. The European Court handed down rulings on the application of the European Convention, which were published in legal journals. The body that supervised and judged the implementation of the European Convention was also better-known than the United Nations treaty bodies, and this was why Liechtenstein also committed itself, within the framework of the United Nations, to the reform of the monitoring system. Liechtenstein’s commitment to this reform would also play a role in rendering the system better known in Liechtenstein, and in the future case law would evolve in which the Covenant played a role or was used as a bench-mark.
On the independence of judges, in the Constitution there was a clear principle of independence of the judges, which stated that judges had their own independent position and were not dependent on any decision of the Prince. If the ILO Conventions were ratifiable by non-members, the delegation said, then it would be a lot simpler, and Liechtenstein would do so. Becoming a member of the ILO and UNESCO required resources, and the diplomatic resources of Liechtenstein were limited.
Liechtenstein had not yet been involved in the elaboration of the different texts on the Optional Protocols since this took place. Liechtenstein was in favour of having an inclusive process, ideally to take place in New York, as this would allow Liechtenstein to participate to a greater extent. Liechtenstein was in favour of giving the protection under all the core instruments the same scope, and it was a question of finding a broad consensus, the delegation said, as it would be rather contradictory to rush and to have an Optional Protocol adopted by a majority but which was not signed or ratified by many.
The Office for Equal Opportunity and the planned Ombudsman for Children’s Rights would form a system of high accessibility for those who wished to contact them and bring up grievances. With the Office for Equal Opportunity, which mainly focused on the question of discrimination, a greater focus would be made on economic, social and cultural rights. Liechtenstein thought that with regards to that set of rights, the Office for Equal Opportunity, although it was not a human rights body as per the Paris Principles, was accessible and contributed significantly to the promotion and protection of human rights in Liechtenstein, the delegation said.
With regards to the principle of self-determination, the Constitution, which provided for self-determination, as well as the succession, showed that there was a very democratic process with regards to the former, as consultation was a very important factor in this regard. It had not been introduced to defuse domestic conflict, but in order to stress that there was a need for inclusive and democratic principles. The initiative the Expert had referred to had been taken up at the academic level at the United Nations in order to be discussed in a less politicised framework and to find out what measures could be taken in order to defuse conflicts and ensure more self-government. Liechtenstein thought that by taking a new approach, this would ensure that the voice of the people was taken into account.
On what measures had been taken on discrimination, in particular with regards to schools, housing and employment, the delegation said several State authorities in Liechtenstein were involved in promoting the integration of foreigners and intercultural relations. In schools, a lot of intercultural projects were undertaken to improve understanding between different cultures and social groups and between the whole population of Liechtenstein. On the issue of racism, xenophobia and related intolerance, Liechtenstein was not an isle of holiness, and there were problems, and there were incidents of racism, but teachers were trained to confront these and to act in a proper way. Liechtenstein was so small that virtually every event was noted, and these were being tackled through the education system.
Some 80 years ago, Liechtenstein had almost no foreigners, and today almost 34 per cent of its population was made up of foreigners, mostly from France and Germany, although there were significant groups of others who were not only culturally different but had a different religious background. In 1968, the first Turkish person immigrated to Liechtenstein, and he was still living there today. This showed that immigration was a relatively new phenomenon. Today, there was a community of roughly 1,200 Muslims, which exposed the country to new issues.
The Office of Equality existed to sensitise the population, for example by starting campaigns, and to function as a contact point, the delegation said. Economic power was not an issue linked to human rights in Liechtenstein, but it was when it came to structure, as solutions needed to be found that reflected the size of the country as well as the situation of the population, and therefore there did not seem to be a need for a third human rights body, as the existing ones appeared to fulfil needs. There had never been a case under the Constitution where fundamental rights had been derogated from.
There had been concrete measures which had established a pool of women who could be interested in becoming involved in politics, in particular in commissions on the local and community level and advisory commissions for the central Government, the delegation said. Training courses had been offered for interested women, in particular training on public negotiation. At this time there was no paid parental leave for men. Kindergarten was not obligatory, but over 99 per cent of parents sent their children. On a municipal level there were different care facilities for younger children, and these were quite cheap. Some 0.4 per cent of GDP, which was 2 per cent of the budget was consecrated to aid and cooperation, and a particular focus had been made on environmental cooperation, aiming to improve the situation of those living in rural areas.
Questions by Experts
Moving ahead to articles 13 and 14 of the Covenant, as a member of the delegation had to return to the capital urgently, an Expert said that as there was no real university in Liechtenstein, and students therefore had to go to Austria and Switzerland to continue their studies, did they receive scholarships? Did foreign students have the same rights to go abroad for their education, and was Liechtenstein considering building its own university. Another Expert asked whether technical training, which was taught in Switzerland, was the same as that taught in Liechtenstein, and what was the extent of any problems caused by this.
Response by Delegation
The delegation said all residents of Liechtenstein were free to study abroad and did not lose their resident permits thereby, as long as the application was made to the office of emigration. Liechtenstein was also wondering why it did not have a proper university, but recognised that it was simply not big enough to justify the creation of a broad-based university covering all disciplines. There were about 5,000 school-age students, and about 400 or 500 university-age students, and therefore the creation of a university was not feasible. There were scholarships and financial aid which allowed students to study in Switzerland or in other countries to study whilst being supported by the State. This financial assistance was also provided to foreign students who were resident in Liechtenstein, regardless of their country of origin, and this included students from all origins. Students who studied abroad were free to choose their subject of study.
Technical training was provided in an inter-state, inter-regional, international form, in a way that was determined by agreement between Liechtenstein and Switzerland, with both countries providing resources. The instruction on the Covenant in schools could be improved, the delegation said, although it was part of the curriculum. However, it could not be said that every article of the Covenant was studied - and the delegation promised that on return to the country that issue would be resolved.
In follow-up questions, an Expert noted that Liechtenstein appeared to be making a significant effort with regards to education on many levels, but that the material showed that children of immigrant origin fared less well than others as far as schooling was concerned, and were less likely to attend tertiary education, and more likely to attend a lower-level secondary school.
Responding, the delegation said the report stated that the achievements of immigrant students were lower, and Liechtenstein acknowledged this, and had tried to determine the reasons for this, as it was sure that the system tried to fill that gap and to help immigrant students to achieve as well as local students, but they were not really successful. One of the reasons was the language problem, another was the real influence of the family, and here the school system had a very early separation point, with five years of comprehensive schooling in primary school, after which students were streamed into three tracks, and unfortunately most immigrant students were streamed to the lowest one. Liechtenstein believed that part of the problem was due to this, and the influence of the social and economic background was quite high in this regard. Liechtenstein was working in a Commission to change its school system in order to remedy this situation.
Another part of the problem, the delegation said, was the legal problem, as parents brought their children only after primary school education in their countries of origin, and there was a need to catch up - and this was very difficult. Another reason was due to the recruitment system, which had recruited men of low education with very little knowledge of the German language, and this had repercussions on the children which they brought to Liechtenstein. Corporal punishment was prohibited in schools, the delegation said, and there was no problem of that kind in Liechtenstein.
Questions by Experts
Returning to articles 6 to 8, an Expert asked whether there was a continuing trend for higher rates of unemployment among the young. How much did unemployment benefits amount to, and how long did they last, he asked. On women in the workforce, there was no legislation on equal pay for equal work, but this principle was upheld. Women were usually to be found in underpaid or poorly paid jobs as compared to men, and he asked if anything was being done to change this. Were there any collective agreements on minimum wages, he asked, and how was the right to strike protected, in particular for civil servants, as it was not included in the Constitution.
Another Expert asked whether Liechtenstein considered moving to a minimum form of income as provided by social assistance that would allow people to live in dignity. Shouldn’t provisions against discrimination also cover the field of promotion and recruitment of workers, another Expert asked.
Response by Delegation
Answering a question on youth employment and the current situation, the delegation said unemployment of people aged 25 and younger amounted to about 20-25 per cent of the whole number of unemployed in Liechtenstein at the time of the report. The Government had taken a number of measures to fight unemployment amongst the young, with some small measure of success, with a decrease of the number to 18-20 per cent. It was a seasonal form of unemployment, as in July-August every year, apprenticeships ended, and some did not find a job immediately. However, the situation had eased, and there was almost no long-term unemployment among the young.
In Liechtenstein, the delegation said, the minimum wage was agreed upon with the social partners, including the workers associations and the Chamber of Trade and Commerce. Recently, the Government had decided on a comprehensive package of measures to restore the necessary clarity and certainty for Liechtenstein’s business associations with regards to employment, with collective agreements to be universally binding, on the Swiss model. In the case of sectors or professions without valid employment contracts, the Draft Bill established that the Government could set minimum wages if wages were underbid repeatedly or in an abusive manner.
On the issue of the representation of women in part-time jobs and less-well paid jobs, there was no legal discrimination against women in the work place, although discrimination continued to exist, the delegation said. The Office of Equal Opportunities had been taking measures to eliminate prejudices and stereotypes with regards to men and women, including an exhibition on Family and Work Balance, with the aim of showing how to reconcile work and family life. An NGO project on encouraging women to return to work had also been given a prize.
Regarding the issue of the right to strike and whether this should not be regulated in some way in the legal order, the delegation said that the Government planned to submit this year to Parliament a revised Act on civil servants, in which the provision that could have caused problems in the past and was in contradiction to the right to strike would not be included any more. There would no longer be a provision that was in contradiction with the Covenant. Given the fact that the Covenant was directly applicable, the provision itself was concrete enough to be invoked before the courts.
On the topic of early recognition of disability in the work place, there was a measure aimed at this, in order to ensure that the disability did not get worse, and that thus costs were kept to a lower level, the delegation said. Another measure which had been taken was linked to the EEA membership of Liechtenstein, which had as a result a very high influx of doctors. With the increase of services, costs had increased, and the Government had taken a measure to stop or reduce the influx of doctors, in order to control the increase of expenditure. This was done on a non-discriminatory basis. The idea was to optimise the system, providing services to those in need, but without undermining the system as a whole.
Liechtenstein had been observing the very worrying developments in neighbouring countries including Germany and Switzerland, and from that point the Government had become aware that it had to analyse the social welfare and assistance, before developments spiralled out of control. The reasons for the increase in needs were various, and therefore reforms could only be successful if they were conducted on several levels. A reduction in benefits would be the last reform - beforehand, the Government intended to remove all other problems and improve the lack of coordination of the system before starting any other reforms. Health insurance was the major part of the whole social insurance system, and the State made the greatest contribution. Therefore, political discussions including all stakeholders had been ongoing on several levels to improve the system in order to better protect the people in need before more drastic measures had to be taken which was not the intent of the Government.
On the minimum standards of social assistance, this did not operate from a basis of a fixed amount, but was assessed on a case-by-case basis, including individual housing costs and other needs, the delegation said. In the future, more attention would be given to the development of financial incentives for increased work. There were 664 recipients of social assistance for the past year, but this included not only those recipients who received financial assistance, but also those who were clients of the social service division who received personal assistance. Some 506 people had received financial assistance over the last year. Social assistance was a supplementary and subsidiary form of support from the State which guaranteed a life in dignity.
Besides the Labour Act which prohibited discrimination, the Covenant also extended to this field, and were there a case brought to the Court, the latter might decide that the law needed to be more explicit in this regard, but Liechtenstein believed that the law, combined with the Constitution and the Covenant, formed a sufficient protection for the rights of workers, the delegation said.
In a follow-up question, an Expert noted that employees of the State party were not protected against unfair dismissal, and asked what measures were being considered to protect employees against this phenomenon. Another Expert asked for further details on policies for workplace integration of the disabled, suggesting that these could be further implemented. She also noted that when compared to a case-by-case assessment of needs, then it became clear that a rights-based approach was preferable.
Responding, the delegation said that there was a provision in the law which stipulated that the termination of a labour relationship on the grounds of personal traits, which included race, ethnicity and religion, was considered a wrongful termination. An Expert suggested a clarification of the law to prohibit discrimination in promoting and employing workers. The delegation said when it came to recruitment, this advice would be taken, to put recruitment on a legal base, but pointed out that the fact was that in the last few years, people had been mainly recruited from abroad, and that the first choice was done by employers. Another Expert asked if, in assuming certain official positions, whether Liechtenstein had certain restrictions, such as in certain posts only being able to be filled by Liechtenstein citizens, or European Union citizens, or if there were no restrictions. The delegation said there were very few restrictions - foreigners could not hold a political position, but foreigners could enter the police force, be judges or teachers, and in the national administration there were non-Liechtensteiners right up to the Governmental level. The Government tried to at least fill the diplomatic service with nationals. Two-thirds of jobs were filled by foreigners, the delegation noted.
Questions by Experts
An Expert asked for more details on the impact of measures to counteract domestic violence, as this phenomenon persisted in the country, with one woman out of five a victim of domestic violence. Measures applied to counteract alcohol and drug consumption among children also required further elaboration. Another Expert asked for details on discrimination faced by immigrant women, as well as for details on discrimination against immigrants in the case of housing. He also asked whether immigrants qualified for subsidised housing payments. Another Expert asked whether there were enough services for dependent people, and whether there could be any improvement in this field.
The health situation in Liechtenstein was very favourable, an Expert noted, but asked whether there had been violations or incursions in the human right to health. He also asked what the situation was with regards to minors, and to what extent their rights to health were covered, as well as what was the situation with regards to forced treatment concerning parents or guardians. Further information was also required as to Liechtenstein’s experience with methadone treatment for heroin addiction, and whether it had decreased the number of crimes due to drug addiction. Another Expert asked for information on drug-trafficking and domestic measures and legislation aimed at other issues related to drugs other than consumption.
Another Expert said many countries suffered from the phenomenon of children born out of wedlock, but in Liechtenstein the numbers stood out as they were very high, and asked whether this was due to strict laws against abortion. He suggested some sort of campaign to deal with this, as the high number of children born out of wedlock caused many problems, including economic, social and psychological problems, and ended in a generation that was ill-equipped to deal with the future. He also inquired why the phenomenon of “mail-order brides” was tolerated, pointing out the difficult situation which these women suffered with regards to their residency permits. The low age of marriage, 16, was also a problem.
Response by Delegation
The delegation said that domestic violence had been recognised by the Government to be an issue that required to be treated at all levels, including practical structural measures and prevention. As far as legislative measures were concerned, there was a measure that allowed the police to expel an offender from the home. Last year, there were 20 operations undertaken, with three expulsions, and six cases in which a person was prohibited from returning to the home, which was a more serious measure than expulsion, as it lasted longer. What was very difficult to measure was the impact of preventive measures, and whether there had really been changes in attitude. There were projects that had been initiated in close cooperation with competent and similar bodies in neighbouring Austria and Switzerland in order to measure how many cases of violence took place and a campaign had been undertaken in which men and women were asked what they understood by the term “violence against women”, and this took place so as to increase awareness of the problem and it became clear that people’s views of what constituted violence varied hugely. The movement towards gender equality was considered to be the best remedy, as it would combat both physical and other forms of violence.
On the questions relating to drug and alcohol abuse, there were no comprehensive statistics, but the situation was believed to be the same as in Switzerland, with a certain significant proportion of the population equivalent to one person out of ten believed to be addicted to alcohol. A Commission was working to reduce this, in particular with courses, brochures and projects taking place in schools. A new campaign had recently begun to this effect; with the main message being to take responsibility for one’s own health and that it was necessary to learn reasonable behaviour. Around 25 per cent of young people had been exposed to cannabis consumption, and dealing with this issue was also a priority for the Government.
There was a problem with housing for foreigners in Liechtenstein, in particular if they had dark skin, the delegation said. Clients of the Social Affairs Department also sometimes had such problems, but they usually found housing. It was a very small problem, but it was recognised. On rental subsidies for foreigners, they could ask for such subsidies, and there was no difference between citizens and foreigners on this question. Asylum seekers were cared for, and as long as they were in the process, were either housed in a reception centre, or, especially when they were families, given housing in municipalities. Once they received a residence permit, they were also provided with housing, as not to do so would not make sense.
It was very difficult to measure the level of discrimination in a scientific manner, but this was the main focus of the National Action Plan which had begun last year and should finish in 2006, which would allow the Government to have statistics which would help in determining further measures in this field. About 3 per cent of young people had consumed hard drugs, whilst 6 per cent consumed cannabis. However, the main problem was not illegal drugs, but legal ones, such as alcohol and tobacco, and the main issue was to teach the young to deal with these products, raising the entry age and minimising the risks of consumption.
Regarding the question on mail-order brides, the law foresaw that if there was a break-up of a marriage within the span of five years, then the partner who had come to Liechtenstein had to leave the country, as long as there were no other issues such as children. The practice was that if there were children that were integrated and attending schools, mothers were not forced to leave Liechtenstein. There were very strict laws on abortion. There was a centre which gave substantial financial help to pregnant women, with the aim of preventing them from aborting abroad, as sometimes happened. There were very few incidents of pregnancy among the under-18 years old, approximately one a year, and the Government believed it had a very good counselling system as a whole for pregnant unmarried women.
The delegation said there was no discrimination perpetrated against children born out of wedlock, and noted that societal stigmatisation had decreased significantly. The low age of marriage was linked to the factual situation, and the average age of marriage was 30. The possession of child pornography was criminalized, as was child abuse abroad. On child care services for women in part-time jobs, there were currently enough, but the offer was limited. On physical and mental health, there were also sufficient services both on the in-patient and out-patient level, and there were also contracts with neighbouring countries to provide mental health services. It was true that more women than men worked part-time, but this was a deliberate choice. Even the highest-paid jobs were sometimes taken on part-time, and this was at the choice of the employee.
In a follow-up question, an Expert asked what happened when a foreign bride was subjected to violence and had to leave a marriage before five years were up, and whether she was still deported. The delegation said physical violence was a reason for which women would not be forced to leave the country.
In concluding remarks, Mr. Frick said he thanked the Committee for its interest and numerous questions, and hoped that they had been answered. However, Liechtenstein would not leave it at that, and would take the questions home for further reflection. Nobody was perfect, and there were differences which had to be dealt with for more progress, and the discussion had been very helpful in that sense for Liechtenstein, with many interesting questions and remarks. Liechtenstein would look forward to the concluding observations with great interest, and hoped that next time it was before the Committee it would be able to report further progress.
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