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Title: Liechtenstein Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
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 elects 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; however, if the offender is a member of the Government
and is sentenced for violating an official duty, the Prince can take
such action only if the Landtag requests it.
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. As a result of complex
negotiations held with member states of the European Economic Area and
Switzerland, and a national referendum held in April, Liechtenstein is
simultaneously a member of the European Economic Area. Citizens enjoy a
very high standard of living. Unemployment was only 0.9 percent in
1995.
The Government fully respects the human rights of its citizens provided
for in the Constitution, and the law and judiciary provide effective
means of dealing with instances of individual abuse. Domestic violence
against women is not a problem; existing societal discrimination against
women is being eliminated in accordance with government policy.
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 the use of such methods.
Prison conditions meet minimum international standards, and the
Government permits visits by human rights monitors.
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 press 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 were no reports of 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 were 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, an effective judiciary, and a democratic political
system combine to ensure freedom of speech and the press. Two daily
newspapers are published, each representing the interests of one of the
two major political parties, and one weekly news magazine. There is a
state-owned television station and a private radio station, but
residents freely receive radio and television broadcasts from abroad.
The Government respects academic freedom.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and association, and
the authorities do not interfere with these rights in practice.
c. Freedom of Religion
The Constitution provides for freedom of religion, and 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. Churches also receive financial
contributions from their members on a voluntary basis. 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. An asylum law is in preparation; Parliament decides case by
case on each application. In late 1994, it granted preliminary work
permits, valid through 1996, to a group of 18 Tibetans who arrived in
October 1993. Their status remains subject to further determination.
In addition, 295 refugees from the former Yugoslavia (corresponding to 1
percent of the population) received permission to stay until April 1996,
also subject to annual extensions. An additional 40 Yugoslav refugees
and 2 Algerians whose status was not yet formalized by year's end were
also admitted. Those entering to cross the Austrian frontier without
permission are sent to Austrian authorities in accordance with a
bilateral agreement. Those entering from a third country through
Switzerland are dealt with on a case by case basis. A solution is
sought which would avoid forcing people to return to a country where
they would be subject to persecution on political, religious, or racial
grounds.
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 have been
active in politics. Two women are Members of Parliament, and two--one
the Foreign Minister--are among the five members of the Cabinet. Women
serve 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 local human rights organization, Justitia Et Pax, is an
informal group of about 10 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
The 1994 report provided an inaccurate description of the level of
domestic violence against women. Domestic violence is not a societal
problem. The total number of victims of domestic violence in 1994 was
21 rather than 670. (The latter figure actually represented the total
number of nights spent in Liechtenstein's shelter, not the number of
victims.) Of the 21 women involved, 18 were from adjoining areas of
neighboring countries. In 1995, 30 women sought shelter and were given
assistance due to violence or threats from a spouse or male partner. Of
the 30 victims, 21 were from adjoining areas of neighboring countries, 6
were foreign nationals residing in Liechtenstein, and 3 were
Liechtenstein nationals. The law prohibits wife beating, and the
Government prosecutes abusers.
Societal discrimination still limits opportunities for women in fields
traditionally dominated by men. However, a 1992 constitutional
amendment provided for equality for women under the law and requires the
Parliament to revise, by the end of 1996, 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. Liechtenstein ratified the
U.N. Convention on the Elimination of all Forms of Discrimination
against Women in 1995.
Children
The Government supports programs to protect the rights of children and
matches contributions made to the four nongovernmental organizations
monitoring children's rights. There is no pattern of societal abuse
against children. Liechtenstein ratified the U.N. Convention on the
Rights of the Child and deposited the instruments of ratification in
December.
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 required that buildings or government services be
made accessible for people with disabilities.
Section 6 Worker Rights
a. The Right of Association
All workers, including foreigners, are free to associate, join 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 on an ad hoc basis 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, exceptions may be made, under certain
circumstances, for some employment of youths older than age 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 sales personnel, and 50 hours for all other
workers. The actual workweek is usually 40 to 43 hours. With few
exceptions, Sunday work is not allowed. Workers over age 20 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 of the Office of the National Economy
effectively enforces these provisions.
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