LIECHTENSTEIN: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

 


UN Human Rights Committee

CCPR/C/LIE/CO/2
Last reported:  12 May 2016
Concluding Observations issued: 21 August 2017

The Committee also welcomes the ratification of the following international instruments by the State party: the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 25 January 2017 (para. 3).

Reservations to the Covenant: While welcoming the information that the State party’s reservation to article 24 (3) of the Covenant was withdrawn in 2009, the Committee notes that the State party continues to maintain reservations to important aspects of articles 14, 17 and 26 of the Covenant. In the view of the Committee, these reservations are unnecessary (art. 2) (para. 9).

The State Party should consider withdrawing its remaining reservations to articles 14, 17 and 26 of the Covenant (para. 10).

Persons with disabilities: While the Committee notes that the State party has made progress in promoting the rights of persons with disabilities, it is concerned that persons with disabilities still face challenges in gaining access to justice, education, employment and political participation, and also by the permissible distinctions regarding wages under current legislation (arts. 2 and 26) (para. 17).

The State party should: Take appropriate measures to ensure that persons with disabilities are not discriminated against in the enjoyment of their rights (para. 18).

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CCPR/CO/81/LIE
Last reported: 16 July 2004
Concluding Observations issued: 12 August 2004

Issues raised:

Violence: The Committee regrets the persistence of domestic violence against women and children in the State party (arts. 3 and 7). (Paragraph 8).

The State party should take all necessary measures to combat domestic violence, punish offenders and provide material and psychological relief to the victims.

 

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UN Committee on Economic, Social and Cultural Rights

E/C.12/LIE/CO/2-3

Last reported: 28 January 2016

Concluding observations issued: 3 July 2017

Positive aspects: The Committee welcomes the State party’s ratification of the following international human rights instruments: Optional Protocol to the Convention on the Rights of the Child on a communications procedure in 2017; Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2013 (para. 3).

The Committee welcomes te adoption of Adoption of the Children and Youth Law of 2009, comprising the principle of non-discrimination and the protection of children and teenagers from a violent upbringing (para. 4).

Issues raised:

Education: The Committee takes note of the efforts made by the State party towards integrating migrant children into the mainstream education system. However, the Committee remains concerned at the underrepresentation of pupils of migrant background at the higher levels of secondary school (Gymnasium). While noting that the State party has started inclusive schooling for children with disabilities, the Committee is concerned that some children with disabilities remain in special schools (arts. 13 and 14) (para. 30).

The Committee recommends that the State party: Address the underrepresentation of children of migrant background in the higher levels of secondary school (Gymnasium) and review the classification criteria for assigning pupils to different education tracks, including by raising the cut-off age for pupils; Continue strengthening existing education programmes aimed at integrating children of migrant background; Promote inclusive education for all children with disabilities, including by allocating resources for the provision of reasonable accommodation and additional professional training for teachers (para. 31).

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E/C.12/LIE/CO/1
Last reported: 3 / 4 May 2006
Concluding Observations issued: 9 June 2006

Issues raised:

Xenophobia and education: The Committee expresses its concern about the persistence in the State party of xenophobia and intolerance against persons of different ethnic origin or religion, particularly against Muslims and persons of Turkish origin. (Paragraph 10).

The Committee calls on the State party to continue and intensify its efforts to promote ethnic and religious tolerance, e.g. by including this subject in school curricula and through training of teachers and public awareness campaigns, and to adopt a comprehensive strategy for the integration of persons of a different ethnic origin or religion.

Tobacco and alcohol consumption: The Committee expresses its concern about the high rates of tobacco and alcohol consumption, as well as the abuse of illicit drugs such as cannabis, especially among minors. (Paragraph 19).

The Committee requests the State party to continue its education campaigns, in particular for minors, on the risks of tobacco, alcohol and drug consumption and to ensure that adequate counselling services are available to all persons affected by tobacco, alcohol and drug addiction. It invites the State party to identify disaggregated indicators and national benchmarks, on an annual basis, in relation to the target groups addressed in its multi-year addiction prevention campaign and to include information on the process of identifying such indicators and benchmarks in its next periodic report.

Migrant children and education: The Committee notes with concern that immigrant children tend to perform poorly in school in comparison to children of Liechtenstein origin, that they are likely to attend the lower level secondary school and that they are under-represented in tertiary education. (Paragraph 20).

The Committee encourages the State party to continue reducing linguistic barriers through intensive German-language training for immigrant children, to offer appropriate catch up classes, and to increase family awareness about the importance of education for future professional careers. It also encourages the State party to raise the age at which pupils are assigned to one of the three different levels of secondary school from the current 11 years to a later age, with a view to ensuring that children have reached a sufficient stage of development when that decision is taken.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/LIE/CO/4-6
Last reported: 27 August 2012
Concluding Observations issued: 31 August 2012

No specific mentions of children's rights. 

CERD/C/LIE/CO/3
Last reported: 27 / 28 February 2007
Concluding Observations issued: 7 May 2007

Issues raised:

Xenophobia: While acknowledging the State party’s efforts to address right-wing extremist and anti-Semitic crimes, including the establishment of the Violence Protection Commission, the Committee is concerned about the rise in xenophobic and right-wing tendencies among youths and that a core group of Liechtenstein right-wing extremists are becoming increasingly networked with groups abroad(art. 2). (Paragraph 18).

The Committee encourages the State party to continue to monitor all tendencies which may give rise to racist and xenophobic behaviour, and recommends that it undertake a sociological study of the phenomenon of right-wing activities in order to acquire a more accurate picture of the problem and its root causes. The Committee requests the State party to report back on the results of the study, as well as measures taken and progress made.

Migrant children: While the Committee welcomes the efforts made by the State party to support the learning of the German language by migrant children and their mothers so as to address the relatively poor educational performance of children with foreign mother tongues, the Committee notes with concern that the language disadvantage may not be the sole reason for the difficulties experienced by these children in the school system. In this connection, the Committee notes the finding by the State party that “the more foreign the parents, the greater their need for support structures” ( written replies to the list of issues, page 15) (arts. 5 e) v) and 7). (Paragraph 21).

In addition to the intensive language classes to support the learning of the German language by migrant children and their parents, the Committee recommends that the State party consider the adoption of additional measures to address the particular learning disadvantage faced by these children, by, inter alia, ensuring that child support and other social services take into consideration the particular needs of parents of foreign origin, and training of teachers in culturally sensitive teaching methods.

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UN Committee on the Elimination of Discrimination against Women

 

CEDAW/C/LIE/CO/4

Last reported: 20 January 2011
Concluding Observations issued: 5 April 2011

 

Issues raised:

Stereotypes: While noting that the State party has launched various projects and initiatives to eradicate traditional stereotypes regarding the roles of women and men in the family and in society that discriminate against women and perpetuate gender inequality, the Committee remains concerned about the persistence of patriarchal stereotypes, reflecting the limited effectiveness of such measures in a number of areas, including with regard to the limited participation of men in child-raising and other domestic duties. (Para 18).

19. The Committee calls on the State party to:

(a)     Further strengthen its efforts to put in place a comprehensive policy with proactive and sustained measures, targeted at women and men, girls and boys, to overcome stereotypical attitudes about the roles and responsibilities of women and men in the family and in society, in particular in areas where women are in the most disadvantaged position;

(b)     Intensify its cooperation with civil society and women’s organizations, political parties, education professionals, the private sector and the media, in order to disseminate targeted information to the general public and to specific stakeholders such as decision-makers, employers, disadvantaged groups of women and the youth and to develop a more comprehensive strategy across all sectors to eliminate discriminatory gender stereotypes, specifically targeting disadvantaged groups of women;

(c)      Organize awareness-raising campaigns to promote responsible fatherhood and to sensitize employers and employees on the topic of flexible work arrangements for women as well as men in order to ensure that part-time employment is not taken up almost exclusively by women.

Trafficking: The Committee notes that the State party’s efforts to prevent and combat trafficking in women and girls, especially for purposes of sexual exploitation and forced labour, have so far focused on night club dancers, without taking into account the specific vulnerability of asylum-seeking women and girls. It is concerned about reports that in some cases, asylum-seekers, including women, are pressured by the authorities to leave the State party, thereby increasing their risk of becoming victims of trafficking. Para 26.

27. The Committee recommends that the State party:

(a)     Ensure that women and girls who have been trafficked or fear being trafficked upon return to their country of origin and whose claims to international protection fall within the refugee definition of the 1951 Convention relating to the Status of Refugees are recognized as refugees and granted asylum;

(b)     Establish mechanisms for the identification of victims of trafficking as well as referral mechanisms to ensure that asylum claims are assessed in an age and gender-sensitive procedure in order to respond to the specific protection needs of women and girls who are victims of trafficking and guarantee protection against refoulement;

(c)      Raise awareness among asylum-seekers and train police and immigration officers on the increased risk of asylum-seekers of becoming victims of trafficking;

(d)     Ensure that temporary residence permits, protection and support are provided to all victims of trafficking;

(e)      Expedite its efforts to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Education: The Committee notes with concern that women and girls continue to choose traditionally female-dominated fields of education and vocational training. It is also concerned that the State party’s ongoing efforts to address stereotyped educational choices may reproduce women’s and men’s traditional educational and professional choices. Para 30.

31. The Committee recommends that the State party intensify its efforts aimed at diversifying academic and vocational choices for women and men and to take further measures to encourage women and men to choose gender-atypical fields of education and careers.

Daycare nurseries:  The Committee is concerned about the lack of public day-care nurseries and day schools, as well as the limited impact of measures to promote the participation of fathers in child-raising and other domestic duties.

37. The Committee recommends that the State party:

(a)     Increase the number and capacity of public day-care nurseries and public day schools;

(b)     Ensure that flexible work arrangements and part-time work are available for men, in addition to women, in the public and private sectors and that efforts are made to encourage men to make use of such arrangements;

(c)      Promote responsible fatherhood, including by providing incentives such as paid parental leave for fathers to encourage them to participate more actively in child-raising and to share equally other domestic duties.

                 

Health: The Committee notes the slow progress of the working group dealing with pregnancy conflicts in finding solutions for decriminalizing abortion. It also notes with concern that contraceptives are not generally distributed free of charge, and that women from disadvantaged groups, including women with disabilities and migrant women, sometimes encounter difficulties in accessing sexual and reproductive health services and information. Para 38.

39. In line with its previous concluding comments (CEDAW/C/LIE/CO/3, para. 26) and its general recommendation No. 24 (1999), the Committee calls on the State party:

(a)     To expedite the review of legislation relating to abortion, with a view to removing punitive provisions for women who undergo abortion;

(b)     To ensure that all women and girls, including adolescents, women with disabilities and migrant women, have free and adequate access to contraceptives and sexual and reproductive health services and information in accessible formats.

 

CEDAW/C/LIE/3)
Last reported: 26 July 2007
Concluding Observations issued: 10 August 2007

Issues raised:

Stereotyping: While welcoming the State party’s efforts to address stereotypical attitudes and behaviours that discriminate against women and perpetuate inequality between women and men, the Committee remains concerned about the persistence of traditional attitudes and stereotypes regarding the roles and responsibilities of women and men in the family and in society. The Committee is concerned that women continue to be stereotyped as mothers and caregivers, while men are stereotyped as breadwinners. Such stereotypes undermine women’s social status, as reflected in women’s disadvantaged position in a number of areas, including in the labour market and in access to decision-making positions, and affect women’s choices in their studies and professions. The Committee notes that such stereotypes constitute a significant impediment to the practical realization of the principle of equality of women and men, as called for in article 2 (a) of the Convention. (Paragraph 21).

The Committee calls upon the State party to put in place a comprehensive policy, targeted at men and women, boys and girls, to overcome traditional stereotypes regarding the roles of women and men in society and in the family, in accordance with articles 2 (f) and 5 (a) of the Convention. Such a policy should include legal, administrative and awareness-raising measures, involve public officials and civil society and target the entire population. It should also focus on the involvement of different media, including print and the Internet, and encompass both specialized and general programmes.

Abortion: While noting the ongoing discussions in a multi-stakeholder working group, the Committee is concerned that women who elect to undergo abortion are subject to strict punishment. (Paragraph 25).

The Committee recommends that the State party consider reviewing the laws relating to abortion with a view to removing punitive provisions for women who undergo abortion, in line with the Committee’s general recommendation 24 on women and health and the Beijing Declaration and Platform for Action. The Committee also encourages the State party to carefully monitor the delivery of health services in order that it may respond in a gender-sensitive manner to all health concerns of women and in this regard invites the State party to utilize the Committee’s general recommendation 24 as a framework for action to ensure that all health policies and programmes integrate a gender perspective.

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UN Committee against Torture

CAT/C/LIE/4

Last reported: 9 and 10 November 2015
Concluding Observations issued: 24 November 2015

Issues raised:               

Fundamental legal safeguards: The Committee is concerned that interrogations by police after arrest are not automatically audio- and video-recorded but are recorded only in specific cases stipulated by law such as in cases of interrogation of minors as victims of sexual offences, when the detained person is not cooperating or shows signs of agitation, as well as at the express request of the detained person(arts. 2, 12, 13 and 16). (para 12)

The State party should consider amending the Code of Criminal Procedure with a view to introducing, as a basic safeguard, the mandatory audio- and video-recording of all police interrogations and questioning as part of efforts to prevent torture and ill-treatment. (para 13)               

Separation of categories of detained persons: While taking note of the arrangements for separation between men and women as well as juveniles and adults, the Committee remains concerned that there is no separation in Vaduz National Prison between convicted prisoners and persons detained on remand (arts. 2 and 11). (para 18)   

The Committee reiterates its recommendation that the State party enhance its efforts to ensure proper separation of detainees in Vaduz National Prison. (para 19)             

Trafficking in human beings: While noting that human trafficking is a specific offence under the Liechtenstein Criminal Code and appreciating the efforts made by the State party to prevent and combat human trafficking, including the holding since 2006 of the “Round Table on Human Rights” chaired by the National Police, the Committee is concerned that the vulnerability of asylum-seeking women and girls and female migrants may be overlooked and that they may risk becoming victims of trafficking (arts. 2, 3, 12, 13, 14 and 16). (para 22)

The State party should ensure a gender-sensitive asylum procedure that responds to the specific protection needs of women and girls who are or may become victims of trafficking. It should provide training to police and immigration officers on identifying and dealing with victims of trafficking and gender-specific violence. (para 23)

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(CAT/C/LIE/3)
Last reported: 4 / 5 May 2010

Issues raised:

Length of detention: The Committee notes with concern that the period of administrative detention to prepare or ensure deportation may be extended to up to nine months and, in the case of minors between 15 and 18, up to six months (arts. 3, 11 and 16). (Paragraph 17).

The State party should consider reducing the permissible length of administrative detention in preparation for deportation, in particular for children under the age of 18 years. The State party is strongly recommended to do so in the framework of its revision of the Asylum Act and the Foreigners Act.

Mental health and detention: [….....]. The Committee further notes that the treaty also applies to “persons who have committed a criminal offence under the influence of a mental disorder” against whom orders of preventive measures are issued and, where necessary, persons under the age of 18 years. While noting the application of Austrian law to such detainees, the Committee is concerned that the 1982 bilateral treaty does not contain any express safeguards for the prevention of torture and other forms of ill- treatment. Furthermore, the Committee expresses serious concern at information by the State party that there are “no procedures or mechanisms in place to ensure that the rights of persons imprisoned in Austria are upheld” with respect to the implementation of the treaty. The Committee takes note of the information that, in principle, the Austrian Corrections Commission is competent also in relation to Liechtenstein prisoners serving their sentence in Austria (arts. 2, 5, 12, 13 and 14). (Paragraph 19).

The Committee recommends that the State party re-negotiates the 1982 Treaty On Accommodation of Prisoners so as to ensure that the rights of persons deprived of their liberty under the Convention are guaranteed, through the monitoring of their implementation by the Corrections Commission of the State party or by another independent monitoring mechanism. The State party should also ensure that persons detained in Austria have the right to complain to an independent body regarding torture and ill-treatment by prison officers and have their complaints promptly and impartially investigated and prosecuted, and receive redress according to article 14 of the Convention.

Separating adults from children: Recalling information by the State party that Vaduz National Prison was not designed for the detention of juveniles, the Committee notes with concern information in the Annual Report 2009 of the Corrections Commission that during the last quarter of 2009 juveniles, including one female person, were held in Vaduz National Prison, contrary to the principle of separation between adults and juveniles in accordance with international human rights standards. Also, while appreciating the reduction of the maximum length of pre-trial detention for children under the age of 18 (article 19(2) of Juvenile Court Act), the Committee is concerned that it remains high (one year). The Committee is furthermore concerned that some juveniles sentenced to imprisonment serve their sentences in Austria according to the 1982 bilateral Treaty which does not contain any safeguards for special protection for persons under the age of 18 years. The Committee reminds the State party that deprivation of liberty, and in particular pre- trial detention, of juveniles should be used only as a measure of last resort and for the shortest appropriate period of time (arts. 11 and 16). (Paragraph 27).

The Committee recommends that the State party expands and reinforces alternative measures other than deprivation of liberty for children below the age of 18 in pre-trial detention and in prison. In particular, in upholding the principle of separation of juveniles from adults, the State party should ensure that alternative measures are applied for persons under the age of 18 currently held in Vaduz National Prison and for the juvenile currently serving a sentence in Austria. The State party is recommended to further reduce the maximum length of pre-trial detention of juveniles by amending the Juvenile Court Act (JGG).

Juvenile Court Act: The Committee notes with concern that the State party does not intend to amend the Juvenile Court Act (Section 21a, JGG), according to which a person of trust is present during the questioning of a juvenile by the police (or a judge) only if the juvenile so requests. The Committee believes that the presence of legal or other appropriate assistance should not be limited to the trial before the court or other judicial body, but also applies to all other stages of the process, beginning with the interviewing (interrogation) of the child by the police as is stated in General Comment No. 10 (2007) on Children’s rights in juvenile justice of the Committee on the Rights of the Child (para. 52) (arts. 11 and 16). (Paragraph 28).

The State party is urged to change its position and amend article 21 of the Juvenile Court Act with a view to ensure the presence of a confidant during interrogation or questioning by police of children under the age of 18 without any request of the juvenile.

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UN Committee on Migrant Workers

Not yet signed or ratified.

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UN Committee on the Rights of Persons with Disabilities

Not yet signed or ratified.

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UN Committee on Enforced Disappearance

Signed in 2007, but not yet ratified.

 

Countries

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