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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. (###)
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