You are here:
WorldLII >>
Databases >>
United Nations Committee on the Rights of the Child - States Parties Reports >>
2005 >>
[2005] UNCRCSPR 13
Database Search
| Name Search
| Recent Documents
| Noteup
| LawCite
| Download
| Help
Liechtenstein - Consideration of reports submitted by States parties under Article 44 of the Convention: Second periodic reports of States parties due in 2003 [2005] UNCRCSPR 13; CRC/C/136/Add.2 (14 July 2005)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the Child
|
Distr. GENERAL
CRC/C/136/Add.2 14 July 2005
Original: ENGLISH
|
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Second periodic reports of States parties due in 2003
LIECHTENSTEIN* **
[19
March 2005]
* For the initial report submitted by Liechtenstein, see
CRC/C/61/Add.1; for its consideration by the Committee on 28 September
1998, see
CRC/C/SR.673 and 674, and CRC/C/15/Add.143. The annexes may be consulted in the
files of the Secretariat.
** This document has not been edited before being submitted for
translation.
GE.05-42763 (E) 020905
CONTENTS
Paragraphs Page
1. Introduction 1 - 4 6
2. Information on the country of Liechtenstein 5 - 36 7
2.1 Country and people 5 - 11 7
2.2 General political structure 12 - 21 8
2.3 Economic and political integration 22 - 24 9
2.4 Economy 25 - 30 10
2.5 General legal framework for the protection of
human rights 31 -
36 11
3. General information 37 - 64 13
3.1 General development 1998-2003 37 - 49 13
3.2 Results of the 1999 Liechtenstein Youth Study 50 - 62 16
3.3 International human rights agreements 63 19
3.4 Ratification of the Optional Protocols to the CRC 64 19
4. General implementation measures (art. 4, CRC) 65 - 87 19
4.1 National child and youth policy 65 - 67 19
4.2 Safeguarding the economic, social, and cultural rights
of children
68 - 72 20
4.3 International and regional cooperation 73 - 75 22
4.4 Public dissemination of the CRC (arts. 42 and
44 (6), CRC) 76 -
79 22
4.5 Observance of the CRC by courts 80 - 82 23
4.6 Reservations to the CRC 83 - 87 24
5. Definition of a child 88 - 91 25
CONTENTS (continued)
Paragraphs Page
6. General principles 92 - 129 25
6.1 Prohibition against discrimination (art. 2, CRC) 92 - 103 25
6.2 The priority of children’s well-being (art. 3, CRC) 104 -
113 27
6.3 Right to life, survival, and development (art. 6, CRC) 114 -
120 29
6.4 Respect for the views of the child (art. 12, CRC) 121 - 129 31
7. Civil rights and freedoms 130 - 148 32
7.1 Name and nationality (art. 7, CRC) 130 - 132 32
7.2 The right to preserve identity (art. 8, CRC) 133 33
7.3 Freedom of expression (art. 13, CRC) 134 - 136 33
7.4 Freedom of thought, conscience, and religion
(art. 14, CRC) 137 -
139 33
7.5 Freedom of association and assembly (art. 15, CRC) 140 - 141 34
7.6 Protection of the private sphere (art. 16, CRC) 142 34
7.7 Access to appropriate information (art. 17, CRC) 143 - 146 34
7.8 The right not to be subjected to torture or other cruel,
inhuman
or degrading punishment (art. 37 (a), CRC) 147 - 148 35
8. Family environment and alternative care 149 - 195 36
8.1 Parental direction and guidance (art. 5, CRC) 149 - 152 36
8.2 Responsibilities of parents (art. 18 (1) and (2), CRC) 153 -
155 36
8.3 Assistance to families 156 - 164 37
8.4 Separation from parents (art. 9, CRC) 165 - 168 38
8.5 Family reunification (art. 10, CRC) 169 - 175 39
8.6 Illicit transfer and non-return (art. 11, CRC) 176 40
CONTENTS (continued)
Paragraphs Page
8.7 Recovery of maintenance (art. 27, para. 4, CRC) 177 40
8.8 Children deprived of family environment (art. 20, CRC) 178 -
183 41
8.9 Adoption (art. 21, CRC) 184 - 187 44
8.10 Abuse and neglect (art. 19, CRC), including physical
and
psychological recovery and social reintegration
(art. 39, CRC) 188 -
194 44
8.11 Periodic review of the treatment (art. 25, CRC) 195 46
9. Health care and welfare services 196 - 246 46
9.1 Disabled children (art. 23, CRC) 196 - 209 46
9.2 Public health and health care (art. 24, CRC) 210 - 238 49
9.3 Social security and childcare services and facilities
(arts. 26 and
18 (3), CRC) 239 - 240 54
9.4 Standard of living (art. 27 (1)-(3), CRC) 241 - 246 55
10. Education, recreation, and cultural activities 247 - 282 56
10.1 Education, including vocational training and counseling
(art. 28,
CRC) 247 - 268 56
10.2 Educational goals (art. 29, CRC) 269 - 273 60
10.3 Leisure, recreation, and cultural activities (art. 31, CRC) 274 -
282 61
11. Special protective measures 283 - 333 63
11.1 Children in emergency situations 283 - 293 63
11.1.1 Refugee children (art. 22, CRC) 283 - 290 63
11.1.2 Children in armed conflicts (art. 38, CRC),
including physical
and psychological recovery
and social reintegration (art. 39, CRC) 291 -
293 65
CONTENTS (continued)
Paragraphs Page
11.2 Children in contact with juvenile justice 294 - 304 65
11.2.1 The juvenile justice system (art. 40, CRC) 294 - 298 65
11.2.2 Children deprived of liberty, including all forms
of arrest,
detention or imprisonment
(art. 37 (b)-(d), CRC) 299 66
11.2.3 The punishment of minors, especially with respect
to the
prohibition of the death penalty and life
imprisonment (art. 37 (a), CRC)
300 - 303 66
11.2.4 Physical and psychological recovery and social
reintegration
of children (art. 39, CRC) 304 67
11.3 Children in situations of exploitation, including physical
and
psychological recovery and social reintegration of
the child 305 -
332 67
11.3.1 Economic exploitation of children, including
child labor (art.
32, CRC) 305 - 307 67
11.3.2 Drug addiction (art. 33, CRC) 308 - 316 68
11.3.3 Sexual exploitation and sexual abuse
(art. 34, CRC) 317 -
330 70
11.3.4 Sale, traffic and abduction (art. 35, CRC) 331 - 332 72
11.4 Children of minorities or indigenous groups
(art. 30, CRC)
333 72
1. Introduction
- The
Convention on the Rights of the Child (CRC) entered into force for Liechtenstein
on 21 January 1996. In accordance with article
44 paragraph 1 of the CRC,
States Parties commit to report to the UN Committee on the Rights of the Child
in regular intervals on
the measures taken to implement the rights of the child
and on progress achieved. The first report of the Principality of Liechtenstein
was submitted on 22 September 1998 and was considered by the Committee in its
673rd and 674th meetings on 10 January 2001. For the
sake of completeness, and
in view of the fact that not all questions could be answered optimally at the
official presentation of
the first report, the second report refers to the
entire period from January 1998 to December 2003.
- The
first report focused on a presentation of the legal framework. The existing
legal foundations were explained in great detail
on that occasion. The second
report now focuses on the practical implementation of the normative requirements
and provides information
on concrete activities and programs to implement the
rights of the child. The Government of Liechtenstein thereby also responds
to
the wish of the UN Committee on the Rights of the Child to report more
thoroughly on the practical aspects of the promotion of
the rights of the child.
The report will consider the legal framework in more detail where changes have
occurred since 1998. In
general, this report refrains from repeating
information contained in the first report. The first and second reports
complement each
other in this respect.
- In
its comments on the first report, the UN Committee on the Rights of the Child
criticized the lack of a uniform and comprehensive
system of data collection.
It must be noted in this regard that there is still no systematic data
registration and compilation concerning
all areas covered by the Convention.
The administrative cost of keeping statistics in a uniform manner would be too
high, especially
in view of the fact that the small sample sizes would hardly
allow for statistical assessments. In the course of compiling this
report,
however, it could be noticed that various Offices of the National Administration
as well as private service providers have
moved to a system of electronic data
collection in recent years. This second report therefore presents significantly
more detailed
statistical data than five years ago.
- The
Office of Foreign Affairs carried the overall responsibility for drafting this
report. Substantive information was provided by
the individual Offices of the
National Administration, especially the Office of Social Affairs, the National
Police, the Immigration
and Passport Office, the Office of Education, the Office
of Public Health, and the Government Legal Services. Additional data was
supplied by the Juvenile Criminal Court, the Bureau for Sexual Matters
and HIV Prevention, the Expert Group against Sexual Violence,
the Pensions
and Insurance Fund, and non-governmental organizations such as the Refugee Aid
Society and the TherapeuticEducational
Center.
2. Information on the country of Liechtenstein
2.1 Country and people
Geography
- The
territory of the Principality of Liechtenstein is situated between Switzerland
and Austria, extending over an area of 160 km2. Liechtenstein
consists of eleven rural municipalities, the largest two of which have slightly
more than 5,000 inhabitants. One
quarter of the area of the country is on the
floor of the Rhine Valley, while the remaining three quarters are on slopes
facing the
Rhine and in the mountains of the Alps. The capital and seat of the
national authorities is Vaduz.
Population
- As
of the end of 2002, Liechtenstein had a population of 33,863, which corresponds
roughly to the size of a small city. The population
of the country is spread
out, however, distributed among eleven municipalities. 34.2% of the population
are foreigners. Among the
foreign citizens living in Liechtenstein, 47.6% are
from the European Economic Area
(EEA),[1] especially from
Austria and Germany, and 31.9% are from Switzerland. The share of the foreign
population from third countries is
therefore 20.5% - including 7.7% from Turkey
and 9.3% from countries of the former Yugoslavia (Serbia and Montenegro, Bosnia
and
Herzegovina, Croatia, Macedonia, and Slovenia).
Population structure
- As
of the end of 2002, 18.2% of the population were less than 15 years old, and
10.8% were over 65 years old. Life expectancy has
increased steadily over the
past 30 years. In 2001, the average life expectancy was 82.5 for women and 76.5
for men.[2] Birth statistics
and infant mortality statistics are included in chapter 8.2 of the
report.
Religion
- As
of the end of 2002, 76% of the overall population were Roman Catholic,
7% Protestant, and 4.1% Muslim. 10.8% of the population
did not specify a
religious denomination.
- The
Liechtenstein Constitution guarantees freedom of religion and conscience. It
also safeguards civil and political rights irrespective of religious
denomination.
Dispensation from religious instruction at public schools is
available with reference to the freedom of religion.
- According
to the Constitution, the Roman Catholic Church is the National Church of
Liechtenstein, which is not equivalent to a “State Church”. In
addition to the Roman Catholic Church, the Protestant Church is supported by the
State. As a consequence of the establishment of
the Archdiocese of
Liechtenstein, a clearer separation of State and Church is currently under
consideration.
Language
- According
to the Liechtenstein Constitution, German is the national and official language
of Liechtenstein. The colloquial language is generally an Alemannic dialect of
German.
2.2 General political structure
System of State
- The
Principality of Liechtenstein is a constitutional hereditary monarchy on a
democratic and parliamentary basis. The power of the
State is embodied in the
Reigning Prince and the People. The extensive direct-democratic rights of the
People balance the relatively
strong position of the Reigning Prince.
Separation of powers
- In
the dualist system of State of the Principality of Liechtenstein, the power of
the State is embodied in both the Reigning Prince
and the People. The
separation of powers is further safeguarded by the allocation of separate
authority and rights to the executive
(Government), legislative (Parliament),
and judicial (Courts) branches.
Reigning Prince (Head of State)
- The
Reigning Prince is the Head of State and, notwithstanding the requisite
participation of the responsible Government, represents
the State in all its
relations with foreign States. He appoints the members of the Government on
recommendation of Parliament.
He is also responsible for appointing judges, who
are elected by Parliament on the recommendation of a special body. If justified
on serious grounds, the Reigning Prince may dissolve Parliament and dismiss the
Government. The Reigning Prince may also exercise
emergency powers. He has the
right of pardon and may mitigate sentences and quash criminal prosecutions.
Every law must be sanctioned
by the Reigning Prince to become effective. The
Reigning Prince is bound by the provisions of the Constitution in the exercise
of his powers.
Parliament
- The
Liechtenstein Parliament is elected every four years. Parliament consists
of 25 Members. They are elected by proportional representation
in
universal, equal, direct, and secret elections. In this term (2001-2005),
three parties are represented in Parliament. The Progressive
Citizens’ Party has an absolute majority with 13 seats. The Patriotic
Union has 11 seats, and the Free List is represented
with one
seat.
- The
most important responsibilities of Parliament are its role in the legislative
process, assenting to international treaties, approving
State funds, electing
judges on the recommendation of the selection body, and supervision of the
National Administration. Parliament
submits its recommendation on the
appointment of Ministers to the Reigning Prince. It may also initiate the
dismissal of the Government,
if the Government loses its confidence. Parliament
constitutes a quorum if at least two thirds of its Members are
present.
Government
- The
Government consists of five members: the Prime Minister, the Deputy Prime
Minister, and three additional Ministers. The members
of the Government are
appointed by the Reigning Prince on recommendation of Parliament. The
Government is the highest executive
organ, to which about 45 Government offices
and a number of diplomatic representations abroad are subordinate. Roughly 50
commissions
and advisory councils assist the work of the Administration.
- The
Government has the authority to issue ordinances and is therefore also a
law-making body. Ordinances may, however, only be issued
on the basis of acts
of Parliament and international treaties.
Judicial authority
- The
judicial authority is divided into courts of public law (extraordinary
jurisdiction) and courts exercising ordinary jurisdiction.
Courts of
public law are the Administrative Court and the Constitutional Court. The
Administrative Court is the appeals instance
against decisions and orders of the
Government or commissions acting on behalf of the Government. The
responsibilities of the Constitutional
Court include in particular the
protection of the rights guaranteed by the Constitution and the European
Convention on Human Rights, as well as rights contained in the human rights
instruments of the United
Nations.[3] In addition, the
Constitutional Court reviews the constitutionality of laws and treaties and the
legality of Government ordinances.
- Ordinary
jurisdiction encompasses the administration of justice in civil and criminal
matters. The first instance is the Liechtenstein
Court of Justice in Vaduz.
Before a claim in a contested civil case may be submitted to the Court of
Justice, a mediation procedure
must be conducted in the place of residence of
the respondent. Only after mediation has failed may the Court of Justice be
invoked
as the court of first instance. Ordinary jurisdiction in the first
instance is exercised by individual judges. Jurisdiction in
the second instance
is exercised by the Court of Appeal, in the third instance by the Supreme Court.
Both courts are collegial bodies.
Municipalities
- Municipal
autonomy plays an important role in Liechtenstein. The Constitution specifies
the autonomous scope of authority of the eleven municipalities. Eligible voters
in each municipality elect a Municipal
Council headed by a mayor whose position
is either full-time or part-time, depending on the size of the municipality.
The municipal
authorities autonomously fulfill their responsibilities and
administer the municipal assets. Decisions of the municipal authorities
may be
overturned by popular referendum.
2.3 Economic and political integration
- Liechtenstein
pursues an active foreign policy characterized by the objective of strengthening
its sovereignty and of improving political
and economic integration at the
- international
and European levels. This integration has been accomplished step-by-step in the
course of the economic development
and industrialization that began in the
1960’s and has continued until today.
- Already
in 1960, Liechtenstein was integrated into the European Free Trade Association
(EFTA) through its Customs Treaty with Switzerland.
In 1991, Liechtenstein
joined EFTA as an independent member. Admission to the Organization for
Security and Cooperation in Europe
(OSCE) occurred in 1975, and membership
in the Council of Europe in 1978. In 1990, Liechtenstein joined the United
Nations, and
in 1995 both the European Economic Area (EEA) and the World Trade
Organization (WTO).
- Today,
Liechtenstein maintains diplomatic representations at the United Nations in
New York; the European Union in Brussels; EFTA,
the UN, and the WTO in
Geneva; a Permanent Representation to the Council of Europe in Strasbourg; and a
Permanent Mission to the
OSCE and the UN in Vienna. Bilateral embassies have
been established in Berne, Berlin, Brussels, Vienna and Washington, as well
as
to the Holy See.
2.4 Economy
Economic area
- Since
entry into force of the Customs Treaty in 1924, Liechtenstein has formed a
common economic area with Switzerland. The border
between the two States is
open, and the border to Austria is administered by the Swiss border patrol.
Pursuant to the Currency Treaty
with Switzerland, the Swiss franc is the
official currency of Liechtenstein. As mentioned above, Liechtenstein has
participated
in the European Economic Area since 1995, in which it constitutes a
uniform single market with currently 15 EU members, Norway, and
Iceland. Upon
enlargement of the EU by 10 new Member States, the EEA will encompass a total of
28 Member States as of 1 May 2004.
Structure of the economy
- Liechtenstein
is a modern, globally connected industrial and service economy. The basis of
its economic success in recent decades
has been a favorable economic framework
relying on liberal economic law. Liechtenstein is also home to a highly
productive, globally-oriented
industrial sector, which contributes over 40% of
the entire added value (gross domestic product) of the country. In addition,
Liechtenstein
also has well-developed services, especially in the financial
sector, such as legal services, professional trustees, and banks.
Financial
services and general services contributed 54% of the added value of the country
(gross domestic product) in 1999. Liechtenstein
is one of the most
industrialized countries in the world. This broad diversification has been and
continues to be the key to the
continuing and crisis-resistant growth of the
Liechtenstein economy.
Employment structure
- The
small size of Liechtenstein and the ongoing economic growth entail that a large
part of the workforce must be recruited from neighboring
countries,
commuting across the national borders (cross-border commuters). As of the end
of 2001, 17,011 persons resident in Liechtenstein
were employed, i.e., 50.7% of
the population. 15,875 of these were employed in Liechtenstein and 1,136 in
foreign countries. In
addition to the 15,875 persons employed in Liechtenstein,
12,908 people commuted from neighboring countries to work in Liechtenstein;
a total of 28,783 persons were therefore working in Liechtenstein as of the
end of 2001. In comparison to the total population of
33,863, this is a very
high number.
- Agriculture
is no longer of major significance to the national economy. It still fulfills
an important function, however, with respect
to self-sufficiency during
times of crisis and the cultivation and preservation of the natural and
agricultural landscape. 1.3%
of all persons working in Liechtenstein were still
employed in the first (agricultural) sector as of the end of 2001.
Although the
service sector (commerce, financial services, hotels and
restaurants, education, etc.) is continually growing and encompassed 53.5%
of
full-time employees as of the end of 2001, Liechtenstein still has an
active and diverse second sector (industry, crafts, construction,
etc.),
employing 45.2% of all full-time workers.
Unemployment
- Unemployment
is low in an international comparison, but is rising. The unemployment rate in
October 2003 was 2.2%.
Inflation rate
- Due
to the economic and currency union with Switzerland, the inflation rate is
calculated as the yearly average of the Swiss national
index of consumer prices.
The inflation rate in 2001 was 1%.
2.5 General legal framework for the protection of human
rights
Basic rights and fundamental freedoms
- A
number of basic rights are enshrined in the Constitution of the Principality of
Liechtenstein. These are: the right to free movement within the country and
free acquisition of property,
personal liberty, immunity of the home, the
inviolability of letters and documents, the right to proceedings before a proper
judge,
the inviolability of private property, freedom of trade and commerce,
freedom of religion and conscience, freedom of expression and
the press, freedom
of association and assembly, the right of petition, and the right of complaint.
The Constitution also stipulates that all citizens are equal before the law and
that the rights of foreign citizens are determined by treaties, or
in their
absence according to the principle of reciprocity.
Justiciability and international legal recourse
- Persons
believing their basic rights or fundamental freedoms to be violated may avail
themselves of the courts or the right to complaint.
The claimant may call for
annulment of the administrative or Government decision, sue for
compensation, or claim satisfaction for
material or incorporeal damages. The
Constitutional Court also has jurisdiction to review the constitutionality
of existing law,
and if necessary to declare laws, ordinances, or parts
thereof invalid. In certain cases, complaints may also be lodged with the
European Court of Human Rights in Strasbourg, since Liechtenstein has been a
State Party since 1982 to the
- European
Convention for the Protection of Human Rights and Fundamental Freedoms of
4 November 1950. The precondition for such a complaint
is that all
judicial instances with jurisdiction have been exhausted in
Liechtenstein.
Liechtenstein participation in international human rights
agreements
- In
addition to the Convention on the Rights of the Child of 20 November 1989,
Liechtenstein has ratified various other European and
international agreements
on the protection of human rights, as a member of the United Nations and the
Council of Europe. These are:
- − Charter
of the United Nations of 16 June 1945;
- − Convention
of 28 July 1951 relating to the Status of Refugees, with Protocol of
31 January 1967;
- − International
Convention of 21 December 1965 on the Elimination of All Forms of Racial
Discrimination;
- − International
Covenant on Economic, Social and Cultural Rights of
16 December 1966;
- − International
Covenant on Civil and Political Rights of 16 December 1966;
- − Optional
Protocol to the International Covenant on Civil and Political Rights of
16 December 1966;
- − Second
Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death
penalty, of 15 December 1989;
- − Convention
of 18 December 1979 on the Elimination of All Forms of Discrimination against
Women;
- − Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women of 6 October 1999;
- − Convention
of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment;
- − Statute
of the Council of Europe of 5 May 1949;
- − European
Convention for the Protection of Human Rights and Fundamental Freedoms of 4
November 1950, including various Protocols;
- − European
Convention of 26 November 1987 for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, including
Protocols 1 and 2;
- − European
Framework Convention of 1 February 1995 for the Protection of National
Minorities;
- − European
Charter for Regional or Minority Languages of 5 November 1995;
- − European
Agreement relating to Persons Participating in Proceedings of the European Court
of Human Rights of 5 March 1996;
- − Rome
Statute of the International Criminal Court of 17 July 1998.
Implementation of international agreements
- With
respect to the implementation of international human rights agreements,
Liechtenstein abides by the principle that treaty obligations
are only entered
into if they can be complied with. A ratified agreement becomes part of
national law as of the date of entry into
force, without a special law being
necessary to implement it, as long as the provisions of the agreement are
specific enough to serve
as a basis of decision.
National information policy in the area of human rights
agreements
- All
laws and therefore also practically all international agreements are considered
by Parliament and must be published in the Liechtenstein
Legal Gazette
(Landesgesetzblatt, LGBl.). Their entry into force is also announced in the
national newspapers. The public has access
to all legal acts. The complete
text may either be purchased at the Government Chancellery or viewed on the
Internet.
- The
new Internet appearance of the country of Liechtenstein and its authorities went
online in December 2003. The new portal (www.liechtenstein.li) provides
access to all international human rights agreements applicable to Liechtenstein.
In the future, all national reports submitted
by Liechtenstein and the
recommendations of the human rights committees and treaty-monitoring bodies will
also be made available.
3. General information
3.1 General development 1998-2003
- Over
the past few years, Liechtenstein has continued to consistently pursue the
long-term goals of its child and youth policy, which
orients itself inter
alia on the CRC. Efforts have been key to increase integration of children
and young people in topics that affect them directly, including
the search for
adequate participation opportunities. The right to appropriate information is
now better secured thanks to the newly
established Youth Information Center,
which is already eagerly used. The expansion of schools, particularly also in
the areas of
music and art, as well as the restructuring of the continuing
schooling levels and the improvement of content through a new curriculum
characterize the developments in the area of education. In the area of health,
education and prevention are an intensive focus,
with increasing efforts to
include all participating offices and
organizations.
- In
a number of areas, the protection of children and young people has been improved
at the legislative level or through appropriate
practical measures. This is
true, for instance, with respect to access to audiovisual media and media
products, the approval and
monitoring of foster care arrangements, court
proceedings, and cases of sexual abuse.
- Targeted
improvements have also been undertaken in the area of family support services.
Liechtenstein is a country with a relatively
high standard of living. Poverty
in its absolute form hardly exists. In recent years, however, relative poverty
has become more
widespread, i.e., more people are disadvantaged in relation to
the dominant standard. An increasing number of working poor are no
longer able
to make a living with their income. Particularly affected are families with
children, especially single-parent households.
The increasing financial burden
on families, which indirectly affects the situation of children and young
people, has led the Liechtenstein
Government to take appropriate measures. A
reduction of dependency on income support among this clientele appears to
indicate that
an alleviation of the situation has actually been attained.
- In
addition to these improvements and positive developments, which will be
discussed in the relevant chapters in more detail, new
problem areas have
also crystallized. They have necessitated further action and claimed the
attention of those engaged on behalf
of children and young people to a greater
extent during the period under review. These problem areas include phenomena
and developments
such as violence, racism, and right-wing extremism, which have
long been causes for concern in neighboring countries and throughout
other parts
of Europe. The sexual abuse of children, which has been recognized and combated
in other countries for a long time,
has also entered the public consciousness in
Liechtenstein. These are tendencies that determine the discourse on children
and young
people in general. For Liechtenstein, however, these are nevertheless
new developments, and it was necessary to react swiftly and
in a targeted
manner. In order to present the Liechtenstein-specific manifestations of these
problems, the central issues over the
past five years will be outlined
briefly.
Violence and right-wing extremism
- One
of the topics that has been very present in recent years is violence. Several
violent incidents of a right-wing extremist character
signaled the beginning of
these developments in 1999. In response, an analysis on right-wing
extremism in Liechtenstein was compiled
and a catalogue of measures developed.
In the same year, a coordination group was established under the supervision of
the National
Police. The results of these efforts have shown that sympathies
for right-wing extremist ideas are limited to only a few persons
and that no
actual right-wing “scene” has developed, as had been initially
feared.
- However,
violence as such has increased. In the Liechtenstein Youth Study of 1999, the
respondents indicated that they subjectively
perceived a rise in the level of
violence among young people. Teachers and youth workers also noticed a
qualitative increase in
violence. This means that there has not necessarily
been a rise in absolute numbers, but an increase in severity. In 2000, the
Office of Social Affairs organized a focus year on Violence, in collaboration
with the Association of Liechtenstein Youth Workers.
Various campaigns were
organized, including
- training
and workshops for youth workers, public lectures, and two empirical studies on
the topic of violence. Youth commissions
and members of municipal councils are
increasingly addressing the problem of violence.
- Schools
are particularly challenged and called upon to act. Offensive behavior against
teachers is on the rise, latently violent
young people represent a danger to
their fellow students, and there are increasingly frequent racist gang fights
between Liechtenstein
students and foreign students. Mobbing and blackmail are
further problems. Various school projects have been organized to improve
the
atmosphere in class in a preventive manner, to reestablish regular instruction,
and to prevent new violent conflicts. In 2003,
the Liechtenstein Parliament
decided to introduce social work in schools. As part of this pilot project, set
out over three years,
crisis intervention is practiced, prevention work
conducted, and counseling for teachers and students offered (LGBl. 2003 No.
177).
- As
part of the State response to the growing phenomenon of violence, the Government
appointed a Violence Protection Commission in
2002. The establishment of this
Government commission, in which the Office of Education, the National Police,
the Office of the
Public Prosecutor, the Association of Liechtenstein Youth
Workers, and the Office of Social Affairs are represented, aims to ensure
systematic discourse and treatment of the problem of violence in Liechtenstein.
The Commission is primarily concerned with the problem
of public violence
(vandalism, gang conflicts, social tension, political-religious conflicts,
racism) and special manifestations
of youth violence. It analyzes current
incidents and develops appropriate countermeasures and strategies. The
Commission concentrates
on the analysis of developments and trends, as well as
the initiation and coordination of necessary social and official intervention
strategies. It does not conduct its own prevention projects, but it initiates
such projects through other authorities and organizations.
The Violence
Protection Commission is also concerned with international cooperation. The
chairing member of the group takes part
in the integrated project of the Council
of Europe, “Responses to violence in everyday life in a democratic
society”.
The goal of this project is to formulate pan-European
strategies to prevent manifestations of violence in everyday life, taking
into
account the principles of the rule of law and the protection of human
rights.
Xenophobia and racism
- Already
pursuant to the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance in Durban from
31 August to 7 September 2001,
in which a Liechtenstein delegation headed by the Foreign Minister
participated, Liechtenstein initiated
various new measures against racism. In
June 2002, the Government mandated a working group to develop a National Action
Plan to
implement the outcomes of Durban. In addition, the working group will
contribute to public awareness-raising with respect to human
rights violations,
racism, and xenophobia.
- In
2002, various projects on the integration of young foreigners and on the
prevention of racism were launched, in reaction to the
increased occurrence of
xenophobia and racist behavior among young people. A catalog of measures was
compiled against exclusion,
xenophobia, and violent behavior among young people.
A regional expert group with youth workers from Liechtenstein, Switzerland,
and
Austria was formed with the goal of cross-border early-warning
- and
intervention. Its focus is to observe the scene, conduct analyses, and question
and optimize the existing youth work concepts
with respect to integration. It
offers assistance to youth workers in crisis prevention.
- In
the same year, a competition entitled “Diversity 2002 –
Intercultural Encounters” was launched. The competition
was
addressed to groups and institutions with an interest in intercultural
activities. Entries were solicited that strengthen cultural
roots, identities,
and selfawareness, and that simultaneously promote cooperation among people from
different cultures. Integration
has also been included as a topic in schools
and is dealt with in various subjects of instruction.
Sexual abuse of minors
- At
the end of the 1990’s, a number of suspected cases focused attention on
the problem of sexual abuse of minors. Liechtenstein
reacted by tightening the
provisions of its sexual crimes legislation (2000) and by establishing a special
expert group against the
sexual exploitation of children and young people
(1999). This group, consisting of experts in various areas, is responsible for
counseling in concrete suspected cases and is also strongly engaged in public
information. The number of cases of victims of sexual
abuse has grown steadily
since then. The expert group does not believe that this phenomenon is
attributable to an actual increase
in abuse, but rather that it indicates
increased public awareness of a topic that used to be taboo. Although the
willingness to
report suspected cases has clearly increased, the expert group
continues to operate under the assumption that there is a relatively
high number
of unreported cases. Vigilance with respect to this problem area therefore
remains high.
Psychological problems
- For
some time, the Children and Youth Division has observed an increase in the
number of its cases related to psychological disorders
and diseases among young
people. In 2002, the Youth Welfare Bureau was often confronted with cases of
runaways, absenteeism in schools,
aggressive outbursts, and incipient dissocial
behavior. These phenomena are correlated with an increase in expulsions and
dropouts
from school. These serious adjustment difficulties are often rooted in
attachment disorders. Incompetence of educators and their
inability to cope,
psychological disorders of a parent, and repeated changes in the family
constellation and the attachment figure
(patchwork families) are possible causes
of this behavioral disorder. In 2002, it was necessary to admit several
children to child
and youth psychiatric clinics for evaluation and treatment,
due to acute threats to themselves or others. It remains to be seen
whether
this trend continues, or whether it is merely a statistical anomaly.
3.2 Results of the 1999 Liechtenstein Youth
Study
- In
the Children and Youth Report of 1996, the Government noted that the level of
empirically assessed knowledge about children and
young people in Liechtenstein
was insufficient. For this reason, an empirical study on the psychological
situation of young people
was ordered. A representative sample of about 700
young people between 12 and 20 years old was questioned with respect to their
outlook on life and their attitudes. The survey covered the areas of
recreational activities, social relationships, satisfaction
with life,
participation, and
- attitudes
concerning place of residence, foreigners, National Socialism, violence, and
narcotics. The Liechtenstein Youth Study was
the first assessment of the
attitudes and outlook of young people, ascertaining what they think and what
moves them. Later on, specific
surveys were conducted, for instance on
right-wing extremism, violence among young people, and juvenile crime.
- The
most important results of this study, published in 1999, are outlined in the
following.
- General
living conditions: About 40% of young people indicate that they are very
satisfied with the living conditions in Liechtenstein. This general
satisfaction
also refers to their financial situation, living arrangements,
school, job, and family. Almost two thirds of the young people expect
life to
become more difficult in the next 5-10 years, however.
- General
outlook on life: More than 90% of the young people surveyed affirm the
achievement principle and believe that it is worthwhile to do well in school
in
order to achieve something in life.
- Family:
Two thirds defined the traditional, complete family, consisting of father,
mother, and children, as the ideal family form. Married
people are happier,
according to one quarter of young people on average; one third believes that
children are part of happiness in
life. Men should contribute as much to
household chores and the education of children as women, according to two thirds
of the young
people. About two thirds do not believe that the family suffers if
the woman works; nevertheless, 43% believe that career women
are worse mothers
than housewives.
- Social
environment: Young people named the following individuals as the most
important: mother, father, best friend, siblings, partner, and, trailing
by a
margin, their wider circle of friends. If young people have a partner, however,
the ranking shifts, and this person may become
the most important attachment
figure. Seven of ten young people believe that fidelity is the most important
prerequisite for a good
partnership. The most important elements of a
relationship are fun and the ability to communicate well with each other. For
two
thirds, it is important that there are common interests and hobbies,
and another third views similar recreational activities as a
prerequisite for a
relationship.
- Recreation:
Television, listening to music, being with friends, being at home, and
participating in sports are the most popular recreational
activities of young
people in Liechtenstein, in addition to membership in a club, going to bars, and
shopping. About 80% of all
young people in Liechtenstein participate in sports,
the most popular of which are cycling, inline skating, skiing, and swimming.
Around three quarters of all young people regularly participate in a club and/or
a youth group.
- Participation:
The willingness to participate is generally high, especially in
recreational organizations such as sports clubs and youth meets.
One third
are willing to join a youth organization, a further third are not
considering membership, but are ready to participate
in projects with themes for
young people. Only one quarter of all young people surveyed are not interested
in participating in youth
projects. Many expressed a desire for
- reducing
the age of majority to 18. This desire has been implemented in the meantime,
pursuant to the Law of 16 December 1999 on
the Amendment to the
Law on Persons and Companies (LGBl. 2000 No. 41).
- Youth
information: The most pressing youth topics for 12 to 20-year-olds in
Liechtenstein are the areas of “drugs” and
“relationship/partnership/love/contraception”.
Other important
topics include the circle of friends, music, sports, job and school, going out,
growing up, and HIV/AIDS. As a
special information offering for young people,
the idea of a “Center for Young People”, where young people can
find information
on relevant topics, received a very positive response at 40%.
This idea was taken up, and already in 1999, the youth information
center
“aha – Tips and information for young people” began its
work.
- Young
foreigners: The overwhelming majority of young foreigners feel very happy
in Liechtenstein. The majority of young foreigners would like to remain
in
Liechtenstein. Above all, young people are perceived as “foreign”
if they are not fluent in German. The attitudes
of about one third of young
people regarding foreigners are dependent on the person in question. 20%
adopt a neutral or indifferent
attitude, 13% perceive foreigners as an
enrichment, 9% however as disturbing, and 5% even as threatening. Looking at
the attitude
of young people toward foreigners, the picture lacks uniformity and
is contradictory. On the one hand, acceptance, recognition,
and respect can be
ascertained, on the other hand, there is fear and resentment. The topic is
further complicated in Liechtenstein
by the fact that foreigners on paper
(such as from Switzerland and Austria) are often not perceived as
“foreigners” per se, since they are classified as part of the
circle of friends, acquaintances, or colleagues. The negative stereotype of
“foreign”
often generally refers to what is unknown and different,
not to known persons.
- Attitudes
on National Socialism: 50-60% of young people can be considered
“active opponents”. About 20% are either not concerned with the
topic or have
differentiated attitudes. Another 20% find certain National
Socialist ideas attractive. 4% of young people can be described as
actual
supporters.
- Violence:
Three quarters of all young people express their subjective impression that
violence is on the rise. Verbal violence (insults, verbal
abuse, mocking) is
among the most frequently experienced form. About 10% indicate that they
already have experienced sexual harassment.
About 40% have their ears boxed at
home, while other forms of physical violence are primarily experienced outside
of school/work
and home. Young men are more prone to violence than young women.
About 10% have themselves already practiced willful damaging of
property,
intentional injuries, violent stealing, and fistfights.
- Risk
behavior: About one third of young people in Liechtenstein smoke cigarettes;
about half of these smoke daily. 25% indicate that they are abstinent
with
respect to alcohol consumption, and 40% drinking only occasionally. An
additional 25% drink at least once a week, and 3% almost
daily. About 40% of
young people indicated that their friends had already consumed illegal drugs.
This concerned primarily cannabis/marijuana
(38%), the party drug ecstasy (11%),
stimulants (14%), LSD (11%), and cocaine (9%). 20-30% believe that HIV/AIDS is
a disease affecting
marginal groups or believe that the AIDS discourse is
“exaggerated panic mongering”. Just under one third of young people
believe they could sleep with someone and forget to use contraception.
3.3 International human rights agreements
- In
the last five years, Liechtenstein has acceded to the following international
human rights agreements:
- − International
Covenant of 16 December 1966 on Economic, Social and Cultural Rights
(1999);
- − International
Covenant of 16 December 1966 on Civil and Political Rights (1999);
- − Optional
Protocol of 16 December 1966 to the International Covenant on Civil and
Political Rights (1999);
- − Second
Optional Protocol of 15 December 1989 to the International Covenant on Civil and
Political Rights, aiming at the abolition
of the death penalty (1999);
- − International
Convention of 21 December 1965 on the Elimination of All Forms of Racial
Discrimination (2000);
- − Optional
Protocol of 6 October 1999 to the Convention on the Elimination of All Forms of
Discrimination against Women.
3.4 Ratification of the Optional Protocols to the
CRC
- Liechtenstein
signed both Optional Protocols at the Millennium Summit
from 68 September 2000 in New York. The ratification of the
Optional
Protocol on the involvement of children in armed conflict is currently being
prepared. In order to fully implement the
protective measures of the Optional
Protocol on the sale of children, child prostitution, and child pornography, a
number of legislative
amendments are necessary prior to ratification. In
particular, Liechtenstein must first accede to the Hague Convention of
29 May
1993 on Protection of Children and Cooperation in respect of
Intercountry Adoption. Preparations for this accession are underway.
As soon
as the prerequisites have been met, the Second Optional Protocol can be
ratified.
4. General implementation measures (art. 4, CRC)
4.1 National child and youth policy
- The
national policy concerning young people orients itself by the long-term
guidelines of family policy, equal rights policy, and
child and youth policy.
These three areas influence each other, which is why the Government treats the
welfare of children and young
people as an interdisciplinary task. The
objectives in each area are laid down in the respective reports of the
Government on family
policy (1994), child and youth policy (1996), and gender
equality (1997).
- A
number of topic areas are defined in the Children and Youth Report that are
regarded as key for the long-term welfare of children
and young people and
that are treated as a priority. These include the support of
families, including financial measures; work,
- especially
with respect to the compatibility of career and family life; recreation;
maintaining quality of life; taking into account
aspects of the environment and
mobility; and multiculturalism in society.
- These
long-term pillars of child and youth policy are complemented by short-term and
medium-term goals, which are formulated when
specific new problems arise. The
small size of the country makes it possible to react quickly and flexibly to new
challenges. Looking
at the past five years, a number of areas can be identified
in which an increased number of incidents gave raise to a need for action,
and
in which targeted measures were in fact taken immediately. As mentioned above,
these are primarily topics such as violence and
right-wing extremism, racism and
xenophobia, sexual abuse of minor, and psychological disorders or psychiatric
diseases of young
people.
4.2 Safeguarding the economic, social, and cultural rights
of children
- The
standard of living in Liechtenstein is relatively high. The favorable economic
conditions allow most inhabitants to enjoy a secured
income and pleasant living
conditions. The State is able to offer modern infrastructure and a
well-developed network of services.
Absolute poverty as such does not exist in
Liechtenstein, even though there are people who are comparatively
disadvantaged and require
State assistance. In general, all children in
Liechtenstein enjoy a very good environment to grow up in and develop. In many
areas,
children and young people benefit indirectly, i.e., from State benefits
through their families, for instance with respect to rental
subsidies and other
financial assistance for families. It is difficult to quantify how high the
contribution of the State to minors
is. This is also difficult to document with
respect to other State expenditures such as for prevention of addiction, HIV
prevention,
support of disabled persons, and in general the promotion of
recreational activities in culture and sports, where the benefits are
accorded both to minors and to adults. Concrete data on State budget
expenditures can therefore only be provided with respect to
education, health,
and youth welfare, development, and protection.
- Education
accounts for about 15% (14.1%) of the total annual State expenditures. This
budget item includes contributions for kindergartens,
primary school, continuing
schools, vocational training, universities and professional colleges,
scholarships and stipends, career
counseling, and cultural promotion through the
Music School and School of Art.
State expenditures for education
|
Budget in CHF
|
2002
|
115 908 386.05
|
2001
|
105 639 079.96
|
2000
|
98 680 533.24
|
1999
|
95 071 737.06
|
1998
|
91 685 425.23
|
- The
Children and Youth Division of the Office of Social Affairs is responsible for
the State share of basic services for children
and young people. Its activities
are divided into the areas of youth welfare, youth development, and protection
of minors. Youth
welfare includes
- casework
aiming to support family systems and, where necessary, taking official measures
for the protection/welfare of children and
young people. The aim of youth
development is to promote extracurricular child and youth work. This is done
through expert support
and counseling of persons and organizations active in
extracurricular child and youth work, and through financial contributions.
The
protection of minors aims to create an environment that protects children and
young people from threats; it also supports them,
as well as parents and
educators, in dealing with these threats. The Office of Social Affairs is also
responsible for the central
coordination function of private psychosocial
service providers for children and young people. It supports them financially,
advises
them, and monitors compliance with legal provisions, other guidelines,
and specialized criteria.
State expenditures for protection of minors, youth
development,
and youth welfare, pursuant to Youth Act
|
Budget in CHF
|
2002
|
2 553 461.21
|
2001
|
2 255 502.12
|
2000
|
2 123 433.43
|
1999
|
1 934 431.70
|
1998
|
1 583 770.25
|
- The
State offers a number of benefits in the area of preventive health and
healthcare. It contributes to the various hospitals in
the neighboring
countries that have concluded agreements with Liechtenstein. 300,000 Swiss
francs are paid annually to the Children’s
Hospital of
Eastern Switzerland in St. Gallen. Screening examinations are mandatory
and are coordinated by the Office of Social
and Preventive Medicine. The
examinations are now (as of the 2002/2003 school year) conducted by the
family doctor; the costs are
covered by the private, Statesubsidized health
insurance programs. The State pays for the entire cost of dental care
for children,
a total of about 520,000 Swiss francs annually. The State is
also responsible for mandatory vaccinations and addiction prevention.
Measures against youth unemployment
- The
unemployment rate in Liechtenstein is a bit over
2%.[4] The share of unemployed
persons under 25 is about one quarter. The Government has recognized the
problem of youth unemployment
and adopted a package of measures in October 2003
intended to alleviate the current situation. As a first measure, the existing
“job internship” program for unemployed graduates of apprenticeship
programs will be optimized. In order to increase
the opportunities for such
graduates to find an internship in the profession they have trained for, a
significantly greater number
of internships would have to be made available.
Employers are therefore being encouraged to provide for more internship
positions.
The formal requirements for internship positions are also being
reviewed and the organizational procedure simplified. For private
job brokers
who have concluded agreements with the Office of Economic Affairs, new
incentives are being created to intensify broker
activities for young unemployed
persons. If a broker is successful in finding a permanent position for a
client, the commission
is doubled. In addition, the Government is planning a
project for psychosocial support and counseling for unemployed
persons.
4.3 International and regional cooperation
- At
the level of the United Nations, Liechtenstein was engaged in the Special
Session for Children, which took place from 810 May 2002
in New York. As
part of a group of likeminded States, the Liechtenstein representation at the
United Nations participated actively
in the negotiations on the outcome
document. At the Special Session itself, the delegation was headed by the
Liechtenstein Prime
Minister and accompanied by a youth delegate. A number
of topics regarded as particularly important at the Special Session that
were included in the outcome document, such as participation of young people and
prevention of violence and sexual abuse, were taken
up in Liechtenstein, so
that improvements have been achieved in the meantime.
- At
the European level, Liechtenstein is involved in the joint European child and
youth policy. Liechtenstein regularly takes part
in the meetings of the
Steering Committee for Youth of the Council of Europe (CDEJ). This allows
national experts to keep updated
on the status of youth policy in Europe.
Liechtenstein is also active in the framework of the youth program of the
European Union.
The program, YOUTH, is an extracurricular program that
organizes youth exchanges, internships, youth initiatives, and other campaigns.
Liechtenstein cooperates closely with other European small States and with the
bordering regions of Switzerland and Austria. These
regional links make mutual
impulses possible, as well as a concentration of efforts when facing crossborder
problems.
- In
the area of development cooperation, Liechtenstein contributed a total
of 7,068,000 Swiss francs between 1998 and 31 May 2003 to
humanitarian
programs and projects for children. Some of the contributions are
nonearmarked funds for large international and aid
organizations. For instance,
a contribution is made each to the Trust Fund for the Protection of Children in
Armed Conflict and
to UNICEF. In addition, a number of larger and smaller
nongovernmental organizations and private initiatives are supported.
The
projects are located in South America, Africa, Eastern Europe, and
India and Indonesia. A complete list of all humanitarian contributions
for
children and young people is included
in the Annex.[5]
4.4 Public dissemination of the CRC (arts. 42 and 44 (6),
CRC)
Information on the Internet
- The
new Internet appearance of the country of Liechtenstein and its authorities went
online in December 2003. The new portal (www.liechtenstein.li) gives
access to all international human rights agreements applicable to Liechtenstein.
Soon, all national reports submitted by Liechtenstein
and the recommendations of
the human rights committees and treatybodies will also be made
available.
Universal Children’s Day
- Each
year, various activities take place on Universal Children’s day, jointly
organized by various organizations, clubs, and
schools. The event usually
takes place under a particular motto, such as participation in
decisionmaking at school (2002) or freedom
of expression (2001). A socalled
“Listening Bench” raised awareness of the right of children to form
their own opinions
and to be heard (article 12 of the CRC): In different
municipalities, a bench was set up in the schoolyard upon which adults actively
listened to children, gathered their concerns, wishes, and worries, and conveyed
them to political officials. Special events were
also sponsored in 1999 on the
occasion of the tenth anniversary of the adoption of the CRC. Around Universal
Children’s Day,
the media reports intensively on the rights of the child
and concrete activities.
School and teachers’ training
- Human
rights in general and children’s rights in particular are an important
component of the (new) Liechtenstein curriculum.
They are mainly integrated
into the subject “People and the Environment”. The overarching goal
is for students to understand
principles of human rights and shape their actions
accordingly, i.e., for them to become engaged on behalf of their own rights and
to accept the rights of others. The importance of human rights is taught on the
basis of concrete examples. The discussion on topics
such as justice,
solidarity, personal engagement, structural injustice, hunger, racism,
oppression, persecution, unemployment, and
poverty aims to stimulate the
students’ ethical awareness, providing an orientation for their own
actions (see chapter 10.2).
- Training
of Liechtenstein teachers, regardless of the school level, is undertaken abroad.
It therefore depends on the curriculum of
the respective college or university
whether the topic of children’s rights is included in the training.
All instructors beginning
to teach in Liechtenstein must attend a mandatory
introductory course on the Liechtenstein School Act. Starting in 2004, this
course
will also include information on the CRC.
4.5 Observance of the CRC by courts
- A
16yearold, unaccompanied asylumseeker from Kazakhstan appealed a negative asylum
decision to the Administrative
Court.[6] The decision of the
Government was, however, affirmed, and political asylum rejected. Since the
investigation had not indicated
any serious threat to the claimant’s life,
health, or liberty if he were to return to his home country Kazakhstan, he was
ordered
repatriated to Kazakhstan. This complies with the usual procedure
according to which repatriation is ordered if the request for
asylum is rejected
(article 33, paragraph 1 of the Refugee Act). However, it must also
be verified that the deportation is possible,
permissible, and reasonable
(article 35, paragraph 1 of the Refugee Act). The Administrative Court
agreed with the claimant that,
as a minor, he must be reintegrated into a
network upon returning to Kazakhstan that would allow him to cope until he
reaches the
age of majority. The claimant was therefore granted repatriation
assistance and was assigned to an appropriate children’s
home. The
Government made a legally binding declaration in this case that it would assume
the claimant’s costs for this home
in Kazakhstan until his age of
majority.
- The
CRC was cited with respect to the legal representation of the minor and the
granting of legal aid. It was noted that unaccompanied
minors are in need
of particular protection. Liechtenstein is inter alia required to treat
foreign children without discrimination (article 2 CRC, LGBl. 1996 No.
163), and must take measures according to
article 22 CRC so that children
seeking asylum receive appropriate protection and humanitarian assistance when
claiming their rights.
From this follows the jurisprudence according to which
an unaccompanied
- minor
is provided with a guardian or counsel and must be assigned a legally
knowledgeable person during the asylum proceedings. Since
minors seeking asylum
are in any case in need of particular protection, the decision on granting legal
aid (in forma pauperis) is not subject to the same strict criteria
as in the case of adults. This entails that, as a rule, full legal aid is
granted without
question, unless the minor seeking asylum has sufficient funds
of his or her own to pay for legal counsel in the asylum proceedings.
In the
case at hand, there was no indication that the claimant had sufficient funds, so
that legal aid (in forma pauperis) was granted in full.
- A
similar case in 2000 also dealt with an appeal against a negative asylum
decision and repatriation. The claimant was a minor from
Kosovo.[7] The Administrative
Court affirmed that the Convention on the Rights of the Child must be taken into
account when adjudicating the
question whether the repatriation of a child is
reasonable or not. In this case, the return of the young person to Kosovo was
found
to be reasonable, especially since his parents and siblings had already
returned to their home country.
4.6 Reservations to the CRC
Article 7
- The
discussions on the status of stateless persons are currently still underway. As
a result, it has not yet been possible to ratify
the international conventions
on statelessness. The preconditions for withdrawing the reservation to
article 7 CRC are therefore
not fulfilled, and the reservation must be
maintained for now (see also chapter 7).
Article 10
- With
respect to article 10 paragraph 1 concerning family reunification, an
improvement of the situation can be reported. In a recent
judgment, the
Liechtenstein Constitutional Court found that the age limit of 16 for family
reunification pertaining to children of
thirdState foreigners is
unconstitutional. This decision entails that children up to the age of 18 of
citizens of third countries
will be granted reunification with their families.
For children of EEA or Swiss citizens, family reunification is already
granted
up to the 21st birthday.
- Liechtenstein
continues to restrict family reunification for certain groups of individuals,
however (such as shortterm residents and
students; article 84 paragraph 4
of the Ordinance of the Movement of Persons, LGBl. 2000 No. 99). Given the
small size of the country,
the limited available territory, and the already high
share of foreigners at about 35%, Liechtenstein is forced to limit
immigration.[8] These
circumstances are also taken into account in the framework of the EEA
Agreement (all EU and EEA/EFTA States). Although the
unrestricted freedom of
movement of persons constitutes one of the main pillars of the Agreement,
Liechtenstein has been granted
a special solution in this respect. In 1995, the
EEA Council issued a statement recognizing “that Liechtenstein has a very
small inhabitable area of a rural character with an unusually high percentage of
foreign residents and workers.” In addition,
it recognizes the vital
interest of Liechtenstein in maintaining its national
identity.[9] A review of the
situation in 1999 found that, given the special geographic situation of
Liechtenstein, the maintenance of certain
conditions with respect to the right
of residency in Liechtenstein is justified. The EEA Council thereupon approved
a special solution
on movement of persons for Liechtenstein until
2006.[10]
- This
time restriction was then lifted in the context of EEA enlargement. In
principle, no automatic expiration of this special solution
is contemplated,
even though the situation will again be reviewed in 2009. The reservation
to article 10 paragraph 1 will therefore
be retained.
- The
reservation to article 10 paragraph 2 CRC concerning personal relations and
direct contacts between a child and both parents has
been withdrawn. The
withdrawal of the reservation was decided by the Liechtenstein Government
on 11 November 2003 and entered into force upon notification
on 10 December
2003. Liechtenstein thereby fulfills the recommendation of the Committee on the
Rights of the Child.
- Entry
into Liechtenstein for the purpose of family visits is permitted for all groups
of persons, including children. The maximum
stay is six months within a period
of twelve months. After three months, the stay must be interrupted by at least
one month (article
68 of the Ordinance on the Movement of Persons, LGBl.
2000 No. 99). The visa requirement for the country of origin remains. There
are also no restrictions on exiting Liechtenstein, although exceptions may be
made in the case of ongoing criminal or family law
proceedings.
5. Definition of a child
- The
amendment to the Law on Persons and Companies (LGBl. 2000 No. 41) reduced
the age of majority from 20 to 18. As of entry into
force on 11 February
2000, all persons are considered adult upon reaching their 18th birthday.
- This
decision lowered the threshold for legal capacity to 18 years. In addition, the
capacity to marry is now attained at 18 years
for both bride and groom. The
unequal treatment of men and women in this respect has therefore been remedied.
The gray area in
criminal law for 18 and 19yearolds has now been eliminated,
since the age of civil and criminal liability is now identical. Further
effects
are of a political nature, since the eligibility to vote and stand for election
is now also attained at 18.
- The
Minors’ Protection Act governs nighttime curfews for young people up to
the age of 18 as well as the consumption of alcoholic
beverages and
tobacco. These provisions are being reevaluated as part of the review of the
Youth Act and may be amended (see chapter
6.4).
- As
of 31 December 2002, 7398 children and young people were registered in
Liechtenstein.[11] This
corresponds to a share of 22% of the permanent population. 51% are
male, 49% female; the share of foreigners is 28%.
6. General principles
6.1 Prohibition against discrimination (art. 2,
CRC)
Measures against racism and xenophobia
- In
2000, Liechtenstein ratified the International Convention of 21 December 1965 on
the Elimination of All Forms of Racial Discrimination.
At the national level,
it is currently under review whether the existing criminal antiracism provisions
(article 3(5) and article
283 of the Criminal Code) should be
supplemented by comprehensive civil antidiscrimination legislation.
- From
31 August to 7 September 2001, a Liechtenstein delegation headed by the Foreign
Minister took part in the World Conference against
Racism, Racial
Discrimination, Xenophobia and Related Intolerance in Durban, South Africa. The
adoption of a Declaration and Program
of Action against racism in Durban also
prompted Liechtenstein to take up the topics contained therein and to implement
them at the
national level. In June 2002, the Government appointed a working
group and mandated it to develop a National Action Plan. The fiveyear
National
Action Plan, which the Government adopted in February 2003, takes up those
topics in the sweeping Durban Program of Action
that are relevant to
Liechtenstein and that require action. The NAP is based inter alia on
the Liechtensteinspecific recommendations of the UN Committee on the
Elimination of Racial Discrimination (CERD) from March 2002
and will also
take into account the recommendations of the Liechtenstein report of the
European Commission against Racism and Intolerance,
which was adopted
on 28 June 2002 and published
on 15 April 2003.
- The
working group coordinates various activities in the areas of awarenessraising
and integration of foreigners. It develops models
to implement and fund
measures, engages in public relations work at different levels, and pushes
for a recognition of the causes
and the conflict and violence potential of
racism and xenophobia. In this connection, all relevant international
agreements and
recommendations as well as statistical data are published and
disseminated. Targetgrouporiented continuing education events, such
as with the
police or the Office of Social Affairs, aim to help raise awareness. The
working group advocates and actively contributes
to the development and
implementation of a comprehensive plan for the integration of foreigners in
Liechtenstein. It supports and
promotes existing integration efforts
in society through the provision of information and (international)
expertise as well as other
assistance.
- As
part of preventive countermeasures against intolerance and racism, intensive
efforts are underway in schools to promote integration.
Topics such as
integration, intolerance, and racism are firmly incorporated at all levels
of the curriculum. Different subjects
(such as German, History, Foreign
Languages, Religion, Ethics, Philosophy, Education/Psychology, Art Education,
Life Sciences) provide
for discussion of these topics as part of class
instruction.
- In
addition, intercultural projects aim to promote integration and help raise
awareness. Language exchanges are organized and representatives
of other
cultures or international aid organizations are invited to give talks. Specific
workshops on intercultural topics such
as world religions are intended to
generate interest in other cultures, reduce fears and prejudices, and promote
tolerance for others
and other ways of thinking. Special events take place that
are directed toward teachers and that give them special training in dealing
with violence and racism.
- A
similar goal is pursued by supporting children/schools in developing countries
and countries in transition. Regular fundraising
campaigns help develop the
idea of solidarity among students.
- Additional
integration projects are organized as part of recreational activities. A recent
example is the “Diversity”
competition, which was launched in 2002
by the Office of Social Affairs and which calls on young people to develop a
project on the
topic of integration. The competition was won by the Chameleon
Youth Café, which created a yearly planner for ideas and visions
on
living together in a multicultural Liechtenstein society. The yearly planner
includes art and writing by 120 young people who
thought about the leitmotif of
the competition.
- Other
initiatives include a dance project, in which drama and dance draw attention to
the importance of integration.
Gender equality
- Legal
gender equality, which has been enshrined in the Constitution since 1992, was
expanded by the Gender Equality Act (LGBl. 1999 No. 96). This Act governs the
promotion of factual equality between
women and men. The key points are a
prohibition of discrimination, protection from sexual harassment, lessening of
the burden of
proof, protection from dismissal out of revenge, and the right of
group action.
- In
2000, a career impulse year was organized for women and girls with the goal of
demonstrating to young women and girls the value
of a good education and
continuing training and to expand the career spectrum for women. In addition,
the initiative encouraged
girls and boys to question genderspecific role
patterns and raised the awareness of parents and teachers with respect to equal
opportunity
in the choice of careers.
Measures against other forms of discrimination
- In
2003, the Government appointed a working group that deals in general with
questions of social discrimination. Its mandate consists
in the consideration
of a potential new bureau to deal with issues relating to gender equality,
people with disabilities, migration,
religion, and sexual orientation.
- The
Government plans to create an Equal Rights Act for People with Disabilities and
an integration office for people with disabilities.
6.2 The priority of children’s wellbeing (art. 3,
CRC)
- According
to article 3 of the CRC, the best interests of the child shall be a primary
consideration for member States in all actions
concerning children (paragraph
1). Furthermore, States Parties shall take all appropriate legislative and
administrative measures
to ensure the child such protection and care as is
necessary for his or her wellbeing, taking into account the rights and duties
of
the parents, legal guardians, or other individuals responsible for the child
(paragraph 2). Institutions, services and facilities
responsible for the care
or protection of children shall conform with the standards established by
competent authorities, particularly
in the areas of safety, health, in the
number and suitability of their staff, as well as corporate supervision
(paragraph 3). In
the following, the new provisions will be outlined that the
legislature has established to better implement the promotion and protection
of
the wellbeing of children.
Protection from sexual abuse and violence
- Liechtenstein
has responded to the threat to the wellbeing of children through sexual abuse by
tightening sexual crimes legislation
(LGBl. 2001 No. 16). The penalty for
sexual abuse of minors has been increased, and the beginning of the statute of
limitations
has been raised to the 18th birthday. In addition, child
pornography and abuse abroad has been criminalized (see chapter
11.3.3).
- Violence
in the family can now be more effectively countered thanks to the introduction
of the right to expel perpetrators from the
household and the prohibition of
entering the household (LGBl. 2001 No. 25, 26, 27). These new rules allow the
police to expel a
person from the household who has used or threatened
violence against a family member, and if necessary to bar the person from
returning
(see chapter 8.10).
Protection of victims
- After
completion of the amendments to the sexual crimes legislation, work was
initiated on revising the Liechtenstein Code of Criminal
Procedure. This was
done with the objective of improving the protection of victims in criminal
proceedings and especially to take
the interests of young victims and victims of
sexual offenses better into account. Key points of the draft law, which is
scheduled
to be considered by the Liechtenstein Parliament at the beginning of
2004, are sensitive questioning of victims, onceonly testimony,
and questioning
by an expert.[12] For a
detailed discussion, see chapter 11.3.3.
Assistance of victims
- In
order to comprehensively protect the interests of victims of crimes, it is
necessary to ensure their care outside the criminal
proceedings as well and to
accord them necessary assistance. For this purpose, a Victims’ Assistance
Act is currently being
developed. The incentive for this Act was a
parliamentary motion[13]
which in essence demanded the development of a law on effective assistance,
especially counseling free of charge by an independent
counseling office and
incomedependent compensation for victims of crimes. In principle, these new
provisions will apply to all victims,
also to minors. Special provisions
concerning children and young people are being discussed with respect to the
confidentiality
requirement for the planned counseling office. The draft law
will be circulated for consultations among interested parties in the
spring of
2004.
Care and custody
- As
a result of social change, especially the increased integration of mothers into
the workforce, the care of children outside the
family is gaining importance.
The necessity therefore arose to lay down standards of quality for the care and
raising of children
outside the home and to secure compliance with these
standards. Pursuant to the law and the ordinance on care outside of the home
in
private care arrangements and facilities (LGBl. 2002 No. 66 and 80,
respectively), the care arrangements require approval and
are supervised by the
Office of Social Affairs. In case of endangerment of the welfare of the
child, a swift reaction is therefore
possible (see chapter 8.8).
- In
case of separation or divorce, the assignment of custody for the child is
decided in accordance with the wellbeing of the child.
The possibility of joint
custody was introduced in 1999 (LGBl. 1999 No. 28).
Protection of minors
- The
revised Youth Act, which is still under development, aims to implement a
comprehensive concept of the protection of minors. Specific
provisions will be
developed to protect young people as consumers, workers, and as responsible and
participatory members of society.
In detail, the revision aims to liberalize
the curfew and strengthen protection from media that endanger young people
(including
the Internet). For a more detailed discussion of the new Youth
Act, see chapter 6.4.
- The
revision of the Youth Act intends to incorporate diversion measures in criminal
law. The “pedagogical discussion”
has already been introduced as a
new procedure resulting in decriminalization for violations of minors’
protection provisions.
This solution works pursuant to a splitting procedure,
according to which adults who sell tobacco and alcohol to minors are punished
with fines, while diversion measures are applied to the young people themselves.
This asymmetric treatment of adults and young people
is expected to increase the
effectiveness of minors’ protection. After a twoyear test phase, the
procedure has been found
to have a positive effect. Decriminalization for the
wellbeing of the child has been achieved. In dealing with juvenile delinquents,
further new measures are planned (probation assistance, extrajudicial
settlement), which prevent a criminalization of the perpetrator
and instead aim
to achieve resocialization (see chapter 11.2.3).
- The
Ordinance on the Rental and Sale of Audiovisual Media and Media Products to
Children and Young People (LGBl. 1999 No. 84) governs
compliance with
minors’ protection provisions in dealing with audiovisual media and media
products. In principle, the primary
responsibility for complying with
minors’ protection provisions lies with the individuals who manufacture,
sell and rent out
media products, and secondarily with those who hire, buy, or
use them. General responsibility is assigned to adults, as part of
their
educational and supervisory duties. State organs monitor compliance with the
protection rules. Compared with previously applicable
guidelines, the ordinance
is legally more effective and binding.
6.3 Right to life, survival, and development (art. 6,
CRC)
Right to life
- Article 6
CRC lays down the supremacy of the right to life. In national law, the right
to life is indirectly guaranteed by the prohibition
of killing.
Article 2 of the ECHR further strengthens this guarantee.
- As
already outlined in the first report, there are additional criminal provisions
penalizing the endangerment of life through bodily
injury or damage to health.
Articles 92 and 93 of the Criminal Code explicitly provide special protection
for minors and young people.
A person is punished who intentionally or
negligently inflicts physical or emotional suffering on someone who has not yet
turned
18, or who fails to fulfill his or her duty of care and thereby damages
the minor in his or her physical or emotional development.
These
provisions have not been amended since the first report. The legal provisions
have been tightened, however, as mentioned
above, with respect to offenses
against sexual autonomy and other sexual offenses (LGBl. 2001 No. 16). The
penalty for sexual abuse
of minors has been increased, and the beginning of the
statute of limitations raised to the 18th birthday. In addition, child
pornography
and abuse abroad have now been criminalized.
Abortion
- According
to the Liechtenstein Criminal Code, abortion continues to be a criminal offense
in principle. Exceptions are only permissible
if the abortion is necessary to
prevent grave danger to the life or serious damage to the health of a pregnant
woman, or if the pregnant
woman had not turned 14 as of the time of conception
and was not at that time nor at a later time married to the father. The
objective
of this rule is a general prohibition of abortion, with the
consequence of criminalization of the woman, if she nevertheless attempts
to
abort. This prohibition is, however, hardly effective in Liechtenstein, since
affected women seek abortions in neighboring countries.
Abortions are possible
in the neighboring countries of Switzerland and Austria, even without prior
counseling. According to estimates
of Liechtenstein gynecologists, about 50
women annually undergo abortion procedures abroad. The proportion of female
minors cannot
be determined.
- A
private initiative formed a working group in 2002 with the objective of
attaining a possible revision of the criminal provisions
and a decriminalization
of the women who have an abortion performed. This group has a broad basis and
is constituted by representatives
of all three political parties, the
professional associations of psychologists and physicians, women’s
nongovernmental organizations,
the Protestant church, and the Bureau for Sexual
Matters. The working group developed a report with proposals for
legislative amendments,
which was presented to the public in the autumn of 2003.
The proposal supported by the entire working group provides for allowing
abortions within 12 weeks of conception. The woman would therefore be accorded
the right to decide herself on having an abortion
within this time limit.
However, the proposal also provides a waiting period before the operation and
mandatory counseling for women
under 16. It is currently too early to predict
how the public discussion will develop and whether the legislative proposals
will
be taken up at the political level.
Measures for development suitable for children
- In
order to comply with article 6 CRC, it does not suffice to penalize the
destruction or impairment of life. The provision goes
beyond this and requires
the State to make the best environment available to enable a beneficial
development suitable for children.
The measures taken at the national level to
create an optimal environment in the various areas of society for children and
young
people to grow up have already been discussed in chapters 4.1 and
4.2.
- Of
particular importance is also the protection of children and young people from
potential dangers. This is accomplished in part
through the provisions
concerning the protection of minors, compliance with which is monitored by the
Office of Social Affairs, and
in part through preventive measures. These
preventive measures include measures in the areas of health, addiction (tobacco,
alcohol,
illegal drugs), HIV/AIDS, sexual abuse, but also efforts to prevent and
combat violence and curb violent and racist incidents among
young people.
- In
order to protect children and young people from such incidents in the household
or the private sphere as well, a number of different
measures are
available. In cases of domestic violence, the police have the authority to
expel the perpetrator from the home and
to prohibit reentry. This instrument of
expulsion and prohibition of reentry was introduced in 2001 (LGBl. 2001 No.
25, 26, 27).
If necessary, the Office of Social Affairs may intervene to
prevent further violent incidents and may take measures with respect
to care and
raising of children. This means that in cases of threats to the wellbeing of
the child, the Office of Social Affairs
may, as a last intervention, order the
removal of the child from the family and placement with a foster family. This
intervention
is also envisioned to prevent attacks against sexual integrity and
in cases of sexual abuse. An interdisciplinary expert group was
established in
1999 especially for cases of sexual abuse of minors.
6.4 Respect for the views of the child (art. 12,
CRC)
New Youth Act
- Although
the revision of the Youth Act was already underway at the time of the first
report, this project has not yet been completed.
The central factor in the
delay has inter alia been the broad participation of civil society and in
particular of children and young people in the elaboration of this law. This
process, by which Liechtenstein responded to a recommendation of the UN
Committee on the Rights of the Child, required a great amount
of effort but has
been conducted successfully. Over 300 secondary students and apprentices were
surveyed in writing. A series of
discussion rounds, group discussions, and a
conference took place as well, in which the fundamental question was addressed
of what
should be included in the Youth Act. At a national exhibition, a
further survey was conducted, in which 1800 adults and 1300 young
people
participated.
- A
specially designed website on the Youth Act provides information and a forum
where young people can express their views concerning
the Youth Act or can ask
questions that are answered by the expert on the protection of minors.
Experiences have shown that the
discussion forum “What’s your
opinion?” is especially popular.
- An
expert report and a first draft law are expected in the spring of 2004. The
Government will then disseminate these documents for
consultations among all
affected and interested institutions.
Youth participation
- The
participation of young people should be firmly enshrined in the revised Youth
Act. How this will look in detail has not yet been
decided. The “Youth
Parliament” project was not particularly wellreceived by young people and
was terminated at the
end of 2002. The experience showed that this form of
participation, at a primarily political level and on current political topics,
could not motivate young people to participate. This is consistent with the
results of the Liechtenstein Youth Study (1999), which
ascertained a generally
high willingness of young people to participate, but especially in the area of
recreation, such as sports
clubs and youth meetings. The desire to participate
is higher with regard to projects that specifically deal with youth topics.
- New
forms of youth participation are now being identified. The current discussion
is being conducted with the motto “JUBEL”
(for
“Jugendbeteiligung”) and attempts to develop a model together with
young people as to how they can participate in
decisions concerning the
municipality, school, and recreational activities.
- On
the basis of the experience gained, a number of points have merited particular
attention. For instance, the target group should
be as broad as possible,
younger, and more representative. Representative means that delegates should
participate from all municipalities
and not on a random basis as in the past.
The participation model should be as flexible and malleable as possible, and the
topics
should be suggested by the young people themselves. In addition, the
model should be located at the national level. An optimal
interaction with
young people is regarded as particularly important in the participation process.
The process should be predetermined
as little as possible but structured as much
as necessary.
- In
the interest of promoting the participation of young people, the Government has
decided to delegate more young people to international
and European conferences.
So far, young people have participated in events of the Council of Europe and
the UN Special Session for
Children (New York, 2002), among others.
Ombudsperson/Contact point for children and young
people
- The
establishment of an independent office or ombudsperson responsible for
monitoring implementation of the CRC and for dealing with
violations of
children’s rights, as recommended by the UN Committee on the Rights of the
Child, is currently being discussed
in the context of the revision of the Youth
Act. It is still too early to make concrete statements in this
regard.
Being heard in court proceedings
- With
respect to the requirement that children and young people be heard in court with
respect to decisions that affect them, please
see the explanations given in the
first report (chapter III, D).
7. Civil rights and freedoms
7.1 Name and nationality (art. 7, CRC)
- When
ratifying the CRC, Liechtenstein lodged a reservation to article 7
reserving the right to apply Liechtenstein legislation granting
Liechtenstein
nationality under certain conditions. The comprehensive review of the situation
of stateless persons and especially
children of stateless parents could not yet
be completed. The domestic prerequisites for Liechtenstein’s ratification
of the
international conventions on statelessness and a withdrawal of the
reservation have not yet been definitely reviewed. Currently
there isn’t
any stateless child who was born in Liechtenstein.
- Avoiding
statelessness is taken into account in the adoption provisions. Through
adoption, a foreign child acquires national citizenship,
if the child has not
yet turned 10 at the time of adoption and if the adoptive mother or adoptive
father is a Liechtenstein citizen.
If the
- adoption
is revoked or annulled, the acquisition of citizenship is considered invalid,
unless the adoptive child would thereby unavoidably
become stateless
(article 4, Law on the Acquisition and Loss of Liechtenstein Citizenship,
LGBl. 1960 No. 23).
- No
changes in the law concerning naming and nationality have occurred. Please see
the relevant information in the first report (chapter
IV, A).
7.2 The right to preserve identity (art. 8,
CRC)
- Article 8
of the CRC requires that State Parties respect the right of the child to
preserve his or her identity, including nationality,
name and family relations
as recognized by law, without undue interference. These provisions, including
the possibility of taking
action against violations, are implemented in
Liechtenstein. Please see the relevant information in the first report (chapter
IV,
B).
7.3 Freedom of expression (art. 13, CRC)
- The
right to freedom of expression is guaranteed by the Liechtenstein Constitution
(article 40). In accordance with the European Convention on Human Rights
(article 10), this includes the freedom to receive and
impart information.
The first report (chapter IV, C) already indicated how this basic right is
implemented in Liechtenstein.
- At
a practical level, a number of projects have been organized that aim to motivate
children and young people to express their opinions
and ideas. Freedom of
expression was the theme of the 2001 Day on the Rights of the Child. In a
number of municipalities, a “Listening
Bench” was set up, and
primary school children were encouraged to convey their wishes, concerns, and
interests. These campaigns
were also directed at adults, who were asked to
listen to the children and to take up their issues.
- In
one primary school, all 280 pupils contributed to the production and publication
of a book. The project aimed in particular to
awaken the children’s joy
of reading and writing. Each child wrote a number of personal experiences
on the topics of school,
their walk to school, free time, imagination, people,
tradition, and adventures, and they contributed drawings. A selection was
published in the book “Stories by the Children of Schaan”. The
magazine FLASH, produced by young people, is a regular
publication. The youth
magazine is published by the Association of Liechtenstein Youth Workers, but the
contributions are written
by young people themselves. They address
youthspecific topics and provide information on joint campaigns and
events.
7.4 Freedom of thought, conscience, and religion
(art. 14, CRC)
- The
Liechtenstein Constitution (article 37) guarantees everyone the freedom of
religion and conscience and safeguards all rights regardless of religious
affiliation.
The Constitution also guarantees all denominations the right
to practice their religion and to celebrate religious ceremonies, as long as
this occurs
in conformity with public moral and order. The exercise of religion
is also protected by criminal law provisions, which prohibit
any acts against
religious peace and the peace of the dead.
- The
Catholic Church is enshrined in the Constitution as the National Church. This
linkage between Church and State has been controversial, especially since
Liechtenstein was split off
from the Diocese of Chur (Switzerland) and
elevated to an Archdiocese on 2 December 1997. In particular with
respect to religious
instruction in schools, there was a need for action,
since the Archdiocese claimed to be inculcating purely Catholic content. A
solution has now been found for the upper school levels. Starting in the
2003/2004 school year, students have the option of choosing
between Catholic and
Protestant denominational religious instruction and a new subject
“Religion and Culture”. The Archdiocese
of Liechtenstein is
responsible for the Catholic religious instruction. The subject “Religion
and Culture” is the responsibility
of the school authorities. It is
nondenominational and covers both Christianity and other religions. Other
religious groups that
do not belong to the Catholic or the Protestant Church are
free to design their own religious instruction.
- The
problem of religious sects does not appear to be serious in Liechtenstein. No
case is known in which young people took their
own initiative and sought
membership in a sect. In the last three years, six individual cases have been
registered in which children
were linked to a sect through their parents. These
were all Jehovah’s Witnesses. Problems arise when membership in a
sect
results in violations of mandatory school attendance. These cases are
taken seriously and dealt with on an individual basis. In
addition, information
and education is provided on problematic groups and their mechanisms of
influence. In coordination with the
youth information center “aha –
Tips and information”, a dossier has been developed on the topic as well
as additional
Internet links to current information on sects. The Office of
Social Affairs also makes an updated (2002) Swiss information pamphlet
available
that explains the workings and characteristics of problematic groups in a manner
appropriate to young people and that provides
regional counseling addresses (and
one Liechtenstein address).
7.5 Freedom of association and assembly (art. 15,
CRC)
- The
basic right of freedom of association and assembly is guaranteed in
Liechtenstein (article 41 of the Constitution). For a detailed discussion,
see the information provided in the first report (chapter IV, F).
- Youth
meeting points exist in almost all municipalities in Liechtenstein. Young
people are provided with a space for encounters with
people of their own age and
for common recreational activities. Opportunities provided include discos,
cafés, media spaces,
workshops, group spaces, homework assistance,
concerts, camps, weekend excursions, and events during the day. Access is
purely voluntary
and is open to girls and boys between about 13 and
20.
7.6 Protection of the private sphere (art. 16,
CRC)
- Please
see the discussion in the first report (chapter IV, G).
7.7 Access to appropriate information (art. 17,
CRC)
- The
youth information center “aha – Tips and information for young
people” was established on 17 December 1999.
This institution is
available to all young people and answers questions of all sorts. It is based
on the premise that information
in today’s world fulfills a social
- need.
Only informed individuals can find their way in today’s society, define
their value, and assert themselves. The more
intensively young people engage
with appropriate information structures, the greater are the resulting impulses
and incentives to
think about their own perspectives. The information center
can and wants to offer young people only help to help themselves. It
offers its
services and its assistance only in those cases and to the extent necessary to
encourage, support, and promote the initiative
of young people themselves. The
spectrum of topics is broad and covers school, continuing education, career
images, work and life
as well as communication, relationships/family, health,
rights and recreational activities, sports, foreign travel, youth exchange
programs, and culture.
- The
regional and international components are also accorded considerable importance.
A network exists with youth facilities in Liechtenstein
and the
“aha” partners in Austria and Germany and is promoted especially
through the use of modern means of communication.
In addition, the youth
information center in Liechtenstein is home to the National Agency of the YOUTH
program of the European Commission
as well as a project division administering
youth exchange projects, school graduation days, and other youth projects.
- General
media such as daily newspapers, weekly magazines, and the radio offer various
articles and programs for children. The only
organ that is also produced by
young people is the youth magazine FLASH. It is published by the Association of
Liechtenstein Youth
Workers, but the contributions are written by young
people themselves. They especially address youthspecific topics and provide
information on joint campaigns and events.
- As
already mentioned above, a new Ordinance on the Rental and Sale of Audiovisual
Media and Media Products to Children and Young People
was issued in 1999 (LGBl.
1999 No. 84). The Ordinance governs compliance with minors’
protection provisions in dealing with
audiovisual media and media products. In
principle, the primary responsibility for complying with minors’
protection provisions
lies with the individuals who manufacture, sell and rent
out media products, and secondarily with those who hire, buy, or use them.
General responsibility is assigned to adults, as part of their educational
and supervisory duties. State organs monitor compliance
with the protection
rules. Compared with previously applicable guidelines, the ordinance is legally
more effective and binding.
7.8 The right not to be subjected to torture or other cruel,
inhuman or degrading punishment (art. 37 (a), CRC)
- In
the framework of the European Convention of 26 November 1987 for the Prevention
of Torture and Inhuman or Degrading Treatment or
Punishment, the European
Committee for the Prevention of Torture (CPT) visited Liechtenstein for the
second time. After the first
report published in 1995, the report on the visit
from 31 May to 2 June 1999 was made public in November 2002. The Committee
again
did not find any cases in which persons in custody were subject to torture
or other poor
treatment.[14]
- The
legal provisions in force in Liechtenstein and the international obligations
assumed in connection with the prohibition of torture
and inhuman treatment were
discussed in detail in the first report (chapter IV, H).
8. Family environment and alternative care
8.1 Parental direction and guidance (art. 5,
CRC)
Assignment of custody
- In
the case of children born to married parents, the parents have joint custody by
law. In the case of children born to unmarried
parents, the mother alone has
custody by law (article 166 of General Civil Code, LGBl. 1993 No. 54).
However, unmarried parents
may request joint custody from the Guardianship
Court, if the parents live with the child in a permanent domestic arrangement
and
if joint custody would not be disadvantageous to the wellbeing of the child
(article 167 of the General Civil Code).
- If
no person with the right to custody is available, a minor is assigned a
guardian. The guardian is responsible for the child’s
care, representing
the child in court, and administering the child’s assets.
Assignment of custody for children of separated/divorced
parents
- If
the parents of a minor born in wedlock separate or divorce, they may reach an
agreement in court as to who will be assigned sole
custody of the child. The
court approves the agreement if it satisfies the wellbeing of the child.
If no agreement is reached within
a reasonable time, the court may decide which
parent is assigned custody.
- A
significant change was introduced in 1999, allowing the option of joint custody
in cases of separation and divorce (article 177
paragraph 3 of the General
Civil Code, LGBl. 1999 No. 30). Pursuant to a joint request of the
parents, the court may order that
joint custody be maintained, if the parents
present an acceptable agreement on their respective shares of the child’s
care
and the division of financial support responsibilities, and if this
agreement is consistent with the wellbeing of the child. In
separation/divorce
proceedings, the child has the right to be heard (article 178 (b) of the
General Civil Code). This right is in
fact exercised before judges of the first
instance.
8.2 Responsibilities of parents (art. 18 (1) and (2),
CRC)
Custody and support
- In
general, the responsibilities of parents include raising their underage children
and promoting their well-being. Third parties
may only intervene in parental
rights to the extent that the parents themselves allow it, or directly pursuant
to a law or official
order (article 137 (f) of the General Civil Code, LGBl.
1993 No 54). The rights and duties of the father and the mother are in general
equal.
- Parents
are required to support their children financially. They are responsible for
covering the needs of the child, taking into
account the child’s talents,
abilities, propensities, and development potential (article 140 of the
General Civil Code). This
must take place in accordance with the parents’
living conditions. Grandparents may also be accorded this responsibility,
if
the parents of the child are unable to exercise it (article 141 of the
General Civil Code).
- Custody
includes the responsibility of care and education for the underage child,
administering the child’s assets, and representing
the child (article 144
of the General Civil Code). Care of an underage child includes in particular
safeguarding the child’s
physical wellbeing and immediate supervision.
Education includes the development of the physical, mental, psychological and
moral
capacities of the child, promoting the child’s talents, abilities,
propensities and development potential, as well as formal
education in school
and at work. The extent of care and education depends on the living
conditions of the parents (article 146 of
the General Civil Code). The
parents must administer the assets of an underage child with reasonable care.
They are required to
maintain the value of the assets and, if possible, to
increase the value (article 149 of the General Civil Code). Each parent is
individually authorized and required to represent the child.
8.3 Assistance to families
- Assistance
to families in Liechtenstein is granted in view of the fact that the family is
the most important attachment group of a
person and therefore decisively
influences the development of the individual. Assistance to families is
therefore the best measure
to safeguard the social integration of children and
young people. The family in Liechtenstein takes on a variety of forms. In
addition
to the traditional family model, i.e., both parents and their children,
a number of new family types have developed. It is the responsibility
and
objective of Liechtenstein family policy to enable children in all family
structures to have the same development opportunities.
The State is therefore
called upon to create the conditions necessary for the parents to reconcile work
and family, to have enough
time for their children, and not to be pushed
financially into the margins of society.
- In
May 2002, a brochure entitled “Assistance to families in
Liechtenstein” was published. It is a guide that provides
families with
an overview of all the types of public and private assistance to
families.
Child-raising assistance and psychosocial counseling
- Parental
counselors support parents in the care of infants and small children. For older
children, the Children and Youth Division
or the Counseling Center for Parents,
Children and Young People act as contact points for difficulties in raising
children or in
times of crisis, insecurity, or overwork. Various psychologists
also offer family counseling.
- Where
counseling outside the home no longer suffices, sociopedagogical family care may
assist in a supporting capacity. The family
is visited at home and provided
with counseling. This constitutes a concrete learning aid for parents, helping
them with their daily
responsibilities of raising their children in a
comprehensive manner appropriate to children and free of conflict. Finally,
there
is a sociopedagogical living group for young people, offering young people
in personal, family, or social difficulties the possibility
of a limited removal
from the family. It enables all affected family members to reorient
themselves and to practice new ways of
interacting with each other. It also
offers a learning environment for the development of new social competence and
an increasingly
independent life.
Financial support
- Most
family-oriented benefits in the form of financial contributions, tax relief, and
institutional aid are granted to all families,
independent of the form and
income of the family. Certain additional support is granted to persons who run
a particular risk of
poverty.
- Each
mother living in Liechtenstein receives a one-time birth allowance
of 2,100 Swiss francs per child or 2,600 francs per child
in case
of multiple births. Medical costs and the hospital stay are paid for
by the health insurance programs. Women have a right
to maternity
allowance who were self-employed during pregnancy or had no income of their own
as housewives. The maternity allowance
is granted once for each birth and is
dependent on income. That means that the allowance is higher, the lower the
taxable income
of both spouses or of the single mother. Residency in
Liechtenstein is a prerequisite. Foreign mothers who are not from an EEA
State
must demonstrate an approved stay in Liechtenstein of at least three years,
their husband of at least five years.
- Each
working mother has the right to 20 weeks of maternity leave, 16 of which must
be after the birth. On 26 November 2003, Parliament
decided to introduce
an additional threemonth (unpaid) parental leave.
- A
child allowance is paid each month for each child. The child allowance was
increased as of January 2001 from 230 Swiss francs to
260 francs for
children under 10 and from 280 francs to 310 francs for children 10
and above, as well as for twins and for three
children or more (LGBl. 2000 No.
212).
- Further
financial support is granted to families with children in the form of tax
relief. Deductions are available for married persons,
single parents and
children, as well as for household expenses and the formal education of
children.
8.4 Separation from parents (art. 9, CRC)
- If
parents or grandparents endanger the well-being of an underage child through
their behavior, the court is responsible for ordering
measures to secure the
well-being of the child, regardless of who initiates the proceedings; such
measures may also be ordered on
the request of a parent, if the parents are
unable to agree with respect to an important issue for the child. In
particular, the
court may withdraw custody of the child, in whole or in part,
including legal rights of consent (article 176 of the General Civil
Code, LGBl.
1993 No. 54). The withdrawal of care and education or of the administration of
the assets of the child includes withdrawal
of legal representation in the
respective areas; legal representation alone can be withdrawn if the affected
parent fulfills his
or her other responsibilities (article 176 paragraph 2 of
the General Civil Code, LGBl. 1993 No. 54)
- If
the well-being of the child is endangered and therefore complete removal from
the child’s previous environment is necessary,
against the will of the
legal guardians, and if it is not possible to place the child with relatives or
other appropriate individuals
close to the child, the court transfers the
custody of the child to the Office of Social Affairs in whole or in part.
- The
Office of Social Affairs may assign the exercise of custody to third parties
(article 176 (a) of the General Civil Code, LGBl.
1993 No. 54). The court
may only limit custody to the extent necessary to safeguard the well-being of
the child.
- A
minimal right of the parents exists (article 178 of the General Civil Code),
according to which the parent not granted custody has
a right of personal
interaction with the child. If the parents cannot agree on visitation rights,
the court regulates the exercise
of these rights in a manner appropriate to the
well-being of the child, on the request of one of the parents. If necessary,
especially
if the relationship of the child to the parent raising the child is
thereby disturbed in an unacceptable way, the exercise of this
right may be
prohibited by the court. In addition, the parent without custody has the
right to be informed in a timely manner of
extraordinary circumstances affecting
the child or measures the parent with custody intends to undertake, and the
parent without
custody may express his or her views on these matters. These
views are to be taken into account, if they better correspond to the
well-being
of the child.
- If
the exercise of these minimal rights were to seriously threaten the well-being
of the child, the court must restrict or withdraw
them.
8.5 Family reunification (art. 10, CRC)
Joining family members
- Liechtenstein
made a reservation to article 10 of the CRC. According to paragraph 1 of this
article, States Parties commit to deal
with applications to enter or leave the
country for the purpose of family reunification in a positive, humane, and
expeditious manner.
Switzerland, which has the same legal basis concerning
family reunification as Liechtenstein, has also made a reservation to
article
10 paragraph 1. The Swiss Federal Supreme Court has found that no legal
right to family reunification can be derived from article
10 paragraph 1 and
that national immigration legislation is thereby not affected; however, the
Swiss legal order, which explicitly
denies family reunification to
foreigners with a time-limited entry visa, is binding on enforcement authorities
and prevents them
from dealing with applications in a positive, humane, and
expeditious manner.
- The
practice of Liechtenstein is analogous, which restricts family reunification for
certain groups of individuals, such as short-term
residents and students
(article 84 paragraph 4, LGBl. 2000 No. 99). Asylum seekers and
temporarily admitted refugees also have no
right to family reunification.
Temporarily admitted refugees are those who have not been granted asylum, but
the enforcement of
the deportation order would not be possible, permissible, or
reasonable. Such persons are then admitted temporarily.
- However,
family reunification is possible for individuals who have been accorded
temporary protection. According to the law, persons
are in need of protection
if they belong to groups whose life, security, or liberty is endangered due
to general violence, foreign
aggression, grave violations of human rights, or
other serious disturbances of the public order (LGBl. 1998 No.
107).
- As
already mentioned in the first report, Liechtenstein’s immigration policy
must take into account the small size of the country
and the undiminished
high proportion of
foreigners.[15] Even in the
framework of the EEA Agreement, in which the freedom of movement of persons
constitutes one of the main pillars, this
problem is recognized, and
Liechtenstein continues to be granted a special solution with respect to
movement of persons (see chapter
3.6). Liechtenstein therefore does not
consider itself able to change its domestic legal framework in a way that would
enable it
to withdraw its reservation to article 10 paragraph 1.
- In
a recent judgment, however, the Liechtenstein Constitutional Court found that
the current age limit of 16 for family reunification
pertaining to children of
third-State foreigners is
unconstitutional.[16] This
decision entails that children under 18 of citizens of third countries will be
granted reunification with their families.
For children of EEA or Swiss
citizens, family reunification is already granted up to the 21st birthday,
pursuant to the obligations
of the EEA Agreement and the bilateral treaties with
Switzerland.
Visiting family members
- Liechtenstein
has carried out the recommendation of the UN Committee on the Rights of the
Child concerning withdrawal of the reservation
to article 10 paragraph 2. On
11 November 2003, the Government of Liechtenstein decided to withdraw the
reservation; the withdrawal
entered into force with the notification on 10
December 2003.
- A
renewed review of the situation concerning article 10 paragraph 2 of the CRC
with respect to personal relations and direct contacts
between children and both
their parents showed that the requested right of visitation is already
legally enshrined in Liechtenstein
and is implemented accordingly in practice.
Exit from Liechtenstein is always permissible, although exceptions are made in
the case
of ongoing criminal or family law proceedings. For entry into
Liechtenstein, the provisions apply that allow a stay in Liechtenstein
without
the right to work (article 68 of the Ordinance on the Movement of
Persons, LGBl. 2000 No. 99). This allows all groups of
persons to enter
Liechtenstein for the purpose of a visit. Only the applicable visa requirement
for the country of origin applies.
The maximum stay is six months within a
period of twelve months. After three months, the stay must be interrupted for
at least
one month. For these reasons, the reservation to article 10 paragraph
2 was withdrawn.
8.6 Illicit transfer and non-return (art. 11,
CRC)
- Please
see the first report (chapter V, H).
8.7 Recovery of maintenance (art. 27, para. 4,
CRC)
- Please
see the first report (chapter V, E).
8.8 Children deprived of family environment (art. 20,
CRC)
Foster care in Liechtenstein
- The
Law of 17 April 2002 amending the Youth Act and the Foster Care Ordinance
of 18 June 2002 created a new legal framework for private
foster care
facilities and arrangements (LGBl. 2002 No. 66). In order to ensure the
quality of foster care and education outside
the home, it was necessary to lay
down binding standards and monitor compliance with these standards. Approval
must now be obtained
for foster care arrangements. The Office of Social Affairs
is responsible for granting approval and for monitoring and supervision.
Children and young people may only be taken in if the individual responsible for
foster care and the other members of the household
can guarantee good care,
child-raising, and education of the child or young person, in view of their
personality, health, suitability,
and living conditions, and if the well-being
of other children and young people living in the household is not endangered.
Foster
care facilities may only be operated if it appears that the kind of care
necessary for the physical and mental development of the
minor is guaranteed,
pursuant to a pedagogical plan developed in accordance with scientifically
recognized criteria. The director
and staff of the facility must be suited for
their responsibility, in view of their personality, health, child-raising
abilities,
and educational qualifications, and the number of staff members must
be in a reasonable proportion to the number of minor. Further
conditions
concern nutrition, living hygiene, fire protection, insurance policies
concluded, and a secure economic and organizational
basis. The Office of Social
Affairs visits each facility as often as necessary, at least once a year.
Placement in foster families
is undertaken exclusively in
Liechtenstein.
Placement in foster families in Liechtenstein
|
Number of children
|
Female
|
Male
|
Average age
|
1998
|
11
|
5
|
6
|
5.4
|
1999
|
8
|
2
|
6
|
7.0
|
2000
|
10
|
4
|
6
|
6.8
|
2001
|
10
|
3
|
7
|
9.0
|
2002
|
12
|
4
|
8
|
10.2
|
- Placement
in foster families normally occurs due to the inability of the parents to raise
their children, as a result of mental illness
or disability. The statistics
also include two foster care arrangements that were undertaken in preparation
for subsequent adoption.
Sociopedagogical Living Group for Young Persons
- The
Sociopedagogical Living Group for Young Persons is an assisted living group for
children and young people up to 20 years of age.
It offers young people in
personal, family, or social difficulties the possibility of a time-limited
removal from the family. For
both short-term and long-term placements, the
clients receive qualified care and support that is adapted to individual needs.
The
living group enables all affected family members to reorient themselves
- and
to practice new ways of interacting with each other. It also offers a learning
environment for the development of new social
competence and an
increasingly independent life. The living group also offers special living
arrangements for young mothers and
their children.
Occupancy of the Sociopedagogical Living Group for Young
Persons
|
Total
|
Male
|
Female
|
Age
|
Nationality
|
Language
|
Religion
|
1998
|
8
|
4
|
4
|
15, 16, 17
|
Liechtenstein Brazil
|
German
|
Roman Catholic
|
1999
|
10
|
4
|
6
|
1, 3, 9, 14, 16, 17
|
Liechtenstein Austria Portugal
|
German Portuguese
|
Roman Catholic
|
2000
|
15
|
8
|
7
|
1, 2, 4, 10, 12, 15, 16, 17
|
Liechtenstein Portugal Turkey Dominican Republic
|
German Portuguese Turkish
|
Roman Catholic, Muslim
|
2001
|
13
|
3
|
10
|
12, 13, 14, 15, 16, 17
|
Liechtenstein Portugal Macedonia Thailand
|
German Portuguese Macedonian Thai
|
Roman Catholic, Muslim
|
2002
|
11
|
3
|
8
|
12, 13, 14, 15, 16, 17
|
Liechtenstein Thailand Chile Bosnia Brazil Albania
|
German Thai Bosnian Albanian
|
Roman Catholic, Muslim
|
Placement of children and young people abroad
- In
most cases, placement abroad is undertaken by the Board of Education. The costs
of special education are first of all divided
between the national budget and
the municipalities. Disability insurance contributes a bulk amount
retroactively. For children
and young people with language disorders or mental
disabilities, Liechtenstein offers a Therapeutic-Educational Center for
scholastic
education and care. The concept of this center, however, is not
suited for children and young people with very serious or multiple
disorders.
There is also no educational home for young people with extremely conspicuous
behavior that offers a relatively closed
context or a boarding school with
internal education or job training. These clients cannot be served within the
country. Liechtenstein
therefore builds on a regional framework, relying on
close cooperation with nearby institutions in Switzerland and Austria. All
institutions are recognized by Liechtenstein disability insurance, offer
facilities with specialized staff and infrastructure, and
are almost all located
in nearby cantons of Switzerland or the Austrian province of Vorarlberg. An
indication of the close regional
cooperation is also the fact that students from
Switzerland are accepted at the Liechtenstein Therapeutic-Educational
Center.
Placement abroad (by the Board of Education) - School year
2002/03[17]
Sex
|
Type of disability
|
Special educational institution
|
Female
|
Multiple disability
|
Boarding school in Austria
|
Male
|
Behavioral/language disorder
|
Boarding school in Austria
|
Male
|
Very serious/multiple disorder
|
Boarding school in Switzerland
|
Female
|
Conspicuous behavior
|
Boarding school in Switzerland
|
Male
|
Conspicuous behavior
|
Boarding school in Switzerland
|
Male
|
Behavioral/multiple disorder
|
Boarding school in Switzerland
|
Female
|
Conspicuous behavior
|
Boarding school in Switzerland
|
Male
|
Behavioral/language disorder
|
Boarding school in Switzerland
|
Female
|
Language disorder
|
Boarding school in Switzerland
|
- The
schools are evaluated in advance by the Liechtenstein Teaching Division, and the
children and their parents are accompanied there.
The cost allowances are
approved one year at a time and must then be extended for a further year. This
is done pursuant to school
or therapy reports that are regularly submitted. The
annual reevaluation of the situation enables quick and flexible reactions to
difficulties.
- In
cases of special problems in the family, or if the parents do not agree with the
placement abroad and take the matter to court,
the Office of Social Affairs may
order a foreign placement. The situation of the young people living abroad is
regularly monitored
by the Office of Social Affairs. The institutions are
subject to a reporting requirement, which is linked to funding, and regular
discussions of the situation are held in addition. Sometimes, the family
problems continue to be dealt with by the Office of Social
Affairs. The Office
of Social Affairs also reviews institutions for potential future cooperation on
the basis of organizational
plans and onsite visits.
Placement abroad (by the Office of Social Affairs)
|
Gender
|
Institution
|
1998 + 1999
|
Male
|
Youth center, Switzerland
|
2000-
|
|
|
2000-
|
Female
|
Living group, Austria
|
2001
|
Male
|
Boarding school, Switzerland
|
2001 + 2002
|
Female
|
Drug halfway house, Austria
|
2001
|
Male
|
Psychiatric institution, Switzerland
|
2001
|
Female
|
Psychiatric institution, Switzerland
|
2002
|
Male
|
Boarding school, Switzerland
|
2002
|
Male
|
Boarding school, Switzerland
|
2002
|
Female
|
Boarding school, Switzerland
|
2002
|
Female
|
Boarding school, Switzerland
|
2002
|
Female
|
Boarding school, Switzerland
|
2002
|
Female
|
Boarding school, Switzerland
|
2002
|
Female
|
Psychiatric institution, Switzerland
|
2002
|
Female
|
Psychiatric institution, Switzerland
|
2002
|
Female
|
Psychiatric institution, Switzerland
|
2002
|
Female
|
Psychiatric institution, Switzerland
|
8.9 Adoption (art. 21, CRC)
- On
the part of the National Administration, the Office of Social Affairs is
responsible for adoptions of children in Liechtenstein
and abroad, along
with the Liechtenstein Court of Justice.
- In
general, an adoption is only possible if the adoptive father is at least 30 and
the adoptive mother at least 28. The difference
in age with the adoptive child
should be at least 18 years, but may in some circumstances be slightly
less. After the natural parents
have consented to release, a guardianship is
established for the child and a foster arrangement with the parents planning to
adopt.
As soon as a parent-child-like relationship has developed, and if the
foster relationship is conducive to the development of the
child, an adoption
agreement is concluded between the adoptive parents and the child’s
guardian. The adoption agreement must
be approved by the Guardianship Court.
Through adoption, the child attains the legal status of a marital child of the
adoptive parents.
The child also receives their family name. For information
on other consequences of adoption, especially the citizenship rights
of the
child and the child’s right to be heard, please see the first report
(chapter V, G).
- Between
1998 and 2002, 12 adoptions of minors were approved, of which 3 were
Liechtenstein citizens and 9 foreigners. One child each
was from the
Philippines, Russia, the Dominican Republic, Switzerland and Germany, and
two each from Thailand and India.
- Liechtenstein’s
ratification of the Hague Convention of 29 May 1993 on Protection
of Children and Cooperation in respect of
Intercountry Adoption is
currently in preparation. This would ensure that international adoptions
are consistent with international
standards, in particular as concerns the
cooperation between competent central authorities.
8.10 Abuse and neglect (art. 19, CRC), including physical
and psychological recovery and social reintegration (art. 39, CRC)
Criminal law provisions
- In
addition to the general prohibition against bodily injury, articles 92 and 93 of
the Criminal Code explicitly provide for the special
protection of minors and
young people. A person is criminally liable who intentionally or negligently
causes physical or psychological
suffering to a person under the age of 18 or
who does not fulfill a duty of custody, thereby harming the physical or mental
development
of the minor. Article 198 of the Criminal Code governs the criminal
liability incurred by ignoring care, child-raising, or supervision
of a minor,
resulting, even though negligence, in a state of neglect.
- A
tightening of the legal framework was undertaken with respect to offenses
against sexual autonomy and other sexual offenses (LGBl.
2001 No. 16). The
penalty for sexual abuse of minors was increased, and the beginning of the
statute of limitations was raised to
the 18th birthday. In addition, child
pornography and abuse abroad has been criminalized.
Violence
- On
1 February 2001, new laws improving the protection from violence in the family
entered into force in Liechtenstein. The core of
the resulting right of
expulsion and prohibition of entry is that the police are authorized to expel a
person from the household
who has used or threatened violence against a family
member, and if necessary to bar the person from returning (LGBl. 2001 Nr. 25,
26, 27).
- Since
the introduction of the right of expulsion and the prohibition of entry, the
National Police has annually ordered about 10 of
each. In 2003, the police
ordered 8 expulsions and 6 prohibitions of entry. The right of expulsion and
the prohibition of entry
give the National Police an efficient legal tool to
immediately remove the aggressor from the joint apartment in cases of domestic
violence. This may lead to a very quick easing of tension and a timeout in the
relationship which, in conjunction with the offer
of counseling for victims of
domestic violence, may lead to a defusing of the family situation. However,
only in one case, in 2003,
did a victim request a temporary injunction and
extension of the prohibition of entry from the Liechtenstein Court of
Justice.
- The
new law on expulsion offers the partner and the children temporary relief and
the possibility of remaining in their usual environment.
It does not,
however, offer absolute protection from future assaults. In dangerous
situations, it may therefore be important to
leave the household anyway and
to find secure housing. There is a so-called “Women’s Home”
in Liechtenstein, which
takes in women and their children in such
situations. The institution is in an undisclosed location, which
guarantees protection
from further acts of violence. Care is available
around the clock, and entry is possible any time of day and
night.
Sexual abuse
- As
mentioned above, sexual criminal law has been tightened and additional victim
protection measures are in planning. Detailed information
on these measures
and additional active measures to prevent the sexual abuse of minors is
provided in chapter 11.3.3.
Reintegration
- A
number of counseling and contact centers exist that offer psychosocial help for
victims. The new Victims’ Assistance Act,
currently in development, is
expected to further improve these support measures. A parliamentary
motion[18] gave the impulse
for this Act, in essence demanding the development of a law on effective
assistance, especially counseling free
of charge by an independent
counseling office and income-dependent compensation for victims of crimes. In
principle, the new provisions
will apply to all victims, also to minors.
Special provisions concerning children and young people are being discussed with
respect
to the confidentiality requirement for the planned counseling
office. The draft law will be circulated for consultations in the
spring of
2004.
8.11 Periodic review of the treatment (art. 25,
CRC)
- As
indicated above, both the Office of Social Affairs and the Office of Education
are responsible for monitoring and supervising the
children and young people
they place abroad. In Liechtenstein, the Office of Social Affairs is
responsible for approving the care
arrangements. Here also, regular monitoring
of the situation is undertaken. Quality assurance of daycare centers and
sociopedagogical
family assistance is guaranteed by performance contracts,
compliance with which is monitored.
9. Health care and welfare services
9.1 Disabled children (art. 23, CRC)
Social integration
- The
benefits of mandatory disability insurance encompass medical measures,
contributions to the cost of special education, occupational
measures, and
contributions for the care of helpless minors (see chapter VI, B in the
first report).
- A
number of institutions in Liechtenstein participate in the integration of
disabled persons. To a large extent, they are private
institutions supported by
the public budget. The Association for Therapeutic-Educational Assistance
sponsors the Therapeutic-Educational
Center, which, in addition to child-raising
and education, offers disabled persons diagnosis, therapy and counseling, as
well as
occupational activities and integration. In addition to arranging
assistance options, the Association also aims to promote public
understanding of
persons with disabilities.
- The
Liechtenstein Association of People with Disabilities also offers a broad
spectrum of assistance. It represents the interests
of its members in
social, economic, and occupational matters and champions the social integration
of people with physical disabilities.
The Association runs a group on popular
sports, elite sports, and recreation, a travel agency, a transport service for
those with
difficulties walking, a legal protection office, and a counseling
service for accommodation of people with disabilities in construction.
Family
Aid provides a relief service for families with disabled persons. There is also
a self-help group for families with disabled
children, a foundation for the
promotion of highly talented individuals with physical disabilities, the
Liechtenstein Cultural Association
for the Hearing Impaired, and an association
for mouth and foot painters.
- Liechtenstein
participated in an EU project promoting multicultural exchange of hearing and
non-hearing young people. “PSSSST:
Communication without borders”
aimed to combat racism through intercultural encounters and to promote the
community of hearing
and nonhearing people. The Government contributed to the
funding of the project and secured the participation of young people from
Russia.
- The
Government is planning an Equal Rights Act for People with Disabilities and an
integration office for people with disabilities,
for the purpose of eliminating
discrimination.
- Construction
regulations will also be adapted and construction methods in civil and
structural engineering reviewed. The work of
the newly created working group on
“Questions of social discrimination” also includes the topic of
disabilities.
Education
- The
Education Act and the Ordinance of 18 December 2001 on Remedial Measures,
Educational-Therapeutic Measures, Special Education, and the School Psychology
Service (LGBl. 2001 No. 197) form the legal basis for the educational support of
children with disabilities and underperforming children.
Mandatory schooling in
general includes all children, regardless of their level of scholastic
performance. For children with disabilities,
this means that they not only have
the right to attend school, but that they are required to, the same as children
without disabilities.
All children and young people with disabilities in
Liechtenstein, regardless of their age (in the rare cases up to the age of 22)
and type or cause of their disability, are provided with instruction. As with
minors without disabilities, schooling is free of
charge.
- For
underperforming students in kindergartens, primary schools, and upper schools,
an integration framework exists. This framework
provides underperforming
students with the necessary support to remain in regular schools. Support
includes in particular scholastic
measures. These include German language
instruction for foreign-speaking students, supplementary instruction,
introductory classes,
and remedial teaching. The integration framework works
well in practice, since it aids the treatment and bridging of a large number
of temporary learning difficulties such as those due to development.
Integrative schooling relies on additional staff. A total
of 26 special
education students were taught in regular classes in the 2002/2003 school
year.
- For
children and young people who, due to their learning difficulties and despite
the integration measures, are nevertheless unable
to follow regular instruction,
special schools exist. Transfer to a special school is undertaken
after official inquiries have been
made and pursuant to an official decision.
One special school is located in Liechtenstein, run by the
TherapeuticEducational Center.
The special school can support about 120 pupils,
about half of which are children and young people from Liechtenstein. The
remaining
capacity is used by foreign children and young people. Pupils are
taught in three different types of group: the kindergarten group,
language
therapy classes, and long-term classes. In addition to class instruction, each
child receives therapy according to his
or her disability. The close
collaboration between teachers and therapists ensures specialized holistic
support. In the 2002/2003
school year, 56 special education students
living in Liechtenstein attended the school. Another 18 children attended
special schools
abroad.
Therapy
- The
Therapeutic-Educational Center offers a wide range of therapies. These include
early education, speech therapy, physiotherapy,
ergotherapy, and psychomotor
therapy. Patients include infants, pupils of the day school of the
Therapeutic-Education Center, and
children attending public kindergarten and
schools.
Therapeutic measures and special education at the
Therapeutic-Education Center
|
|
2002
|
2001
|
2000
|
1999
|
Therapeutic measures
|
|
|
|
|
|
|
232
|
245
|
236
|
208
|
194
|
|
24
|
23
|
22
|
20
|
17
|
|
23
|
26
|
24
|
20
|
15
|
|
24
|
19
|
12
|
16
|
21
|
Special education
|
56
|
58
|
57
|
41
|
40
|
Vocational training
- According
to article 34 of the Vocational Training Act (LGBl. 1976 No. 55), people with
disabilities may complete vocational training
regardless of age and gender,
taking into account their capabilities. Individuals who are limited in their
career choice due to
their disability and therefore must rely on specialized
vocational counseling have a right to vocational counseling. This is generally
administered by the State Vocational Guidance Center and by private vocational
experts; the costs of these measures are covered by
disability insurance.
- Businesses
offering apprenticeships may receive financial support from the State for
special expenses relating to the training of
people with disabilities. As of
now, there is no obligation to employ people with disabilities in Liechtenstein.
If, due to a disability,
additional costs are incurred as part of first
vocational training, preparations for unskilled jobs or for activities in a
sheltered
workshop, individuals have the right to claim reimbursement of these
costs, in accordance with the Disability Insurance Act (article
42).
- In
addition to schooling, therapy, and housing, the Therapeutic-Educational Center
also offers a center for practical vocational training.
The target is young
people with primarily practical talents who have not yet completed an
apprenticeship and who speak German.
This training provides young people with a
tailored, flexible education that facilitates entry into the workforce and lays
a cornerstone
for continuing vocational training. The center provides training
in home economics, cooking, crafts, industrial assembly, construction,
carpentry, painting, and gardening. The first year it was offered, in 2002,
five people completed this training, and nine in 2003.
- If
people with disabilities are unable to enter the regular labor market, the
TherapeuticEducational Center offers the opportunity
to work in one of six
different workshops. A total of 110 positions are offered in six areas,
where people with a mental or physical
disability are supported holistically and
individually.
Education of staff
- In
the general school system, the educational-therapeutic measures are administered
to underperforming or disabled young people and
children by experts in
therapeutic education, special schooling, and therapy. Staff must have acquired
their qualifications at recognized
- institutions
abroad. In general, such education consists of special education concentrations
at the college and university level.
The Therapeutic-Educational Center
contributes to specialized education by offering a number of internships in the
fields of care
for disabled persons, social education, and therapeutic
education.
9.2 Public health and health care (art. 24, CRC)
- The
easing of restrictions on the admission of foreign physicians pursuant to the
EEA Agreement has led to an increase in the density
of physicians. With 64
doctors licensed in Liechtenstein, one doctor currently covers about 530
inhabitants (given a total population
of 34,000). In addition, there are
29 dentists, 10 midwives, and 13 nurses. Liechtenstein continues to rely on
cooperation with
hospitals under contract in Switzerland and Austria,
such as the Children’s Hospital of Eastern Switzerland in St.
Gallen.
Mandatory health insurance
- Individuals
whose civil residence is in Liechtenstein or who work in Liechtenstein
are covered by mandatory insurance for health care
and accidents. These
individuals have unrestricted access to all health services in Liechtenstein.
In addition, numerous public
health facilities in Switzerland and Austria may be
accessed.
Preventive health services
- In
accordance with the Public Health Act, Liechtenstein takes measures to ensure
the health of the population (LGBl. 1986 No. 12).
Preventive health services
include raising awareness on health issues, preventing diseases and accidents,
early identification of
diseases and disabilities through preventive checkups,
health care in schools, and counseling for pregnant women, mothers, and fathers.
Preventive health services are the responsibility of the Office of Public
Health, the Office of Social Affairs, the Bureau for Sexual
Matters and HIV
Prevention, and various private service providers.
- The
Office of Public Health invites every person living in Liechtenstein to undergo
preventive checkups according to a prescribed
schedule. The schedule for
children serves the early identification of anomalies and development disorders
that would not otherwise
be recognized in time; their prognosis can be improved
by early therapy. These preventive checkups are covered by the health insurance
programs at 100%.
- The
checkups take place according to the following schedule:
CU1 at
birth
CU2 after about 5-10 days hip sonogram on physician’s instruction
CU3 between weeks 4 and 6
CU4 between months 4 and 6
CU5 between months 9 and 10
CU6 at about age 2
CU7 at age 4
CU8 at age 9
CU9 at age 13
- The
first two checkups take place in the maternity hospital. The Office of Public
Health invites the children via their parents to
the later checkups in the
doctor’s office. The checkups include maturity, motor development, heart,
lungs, stomach, sexual
organs, skeleton, nervous system, sense organs, dental
development, urine, and mental development. Since 2002, the previous school
checkups have been conducted as part of the existing preventive checkups for
children (CU8 + CU9). The original pilot project was
intended to help avoid
duplication by having the checkup conducted by the family physician or
pediatrician who already knew the child.
Vaccinations may also be administered
directly, rather than requiring repeated consultations with the physician. New
topics have
been integrated, such as allergies, intellectual and psychosocial
difficulties in school, and the starting age for tobacco, drugs,
and alcohol.
The Office of Public Health also offers nutrition counseling as part of its
health services. A new development is
also the anonymous collection and
evaluation of checkup data by means of a computer program. The evaluation of
the data will make
it possible to determine general trends in the development of
public health and to effect appropriate measures for the promotion
of health.
This system has now been introduced on a permanent basis (Amendment to the
Ordinance on the Health Insurance Act, LGBl.
2003 No. 202; Amendment to the
Ordinance concerning Dental Examinations in Schools, LGBl. 2003 No. 203).
- The
transition to adult health care is at the age of 17; a general preventive
checkup is then conducted every five years.
- A
School Psychology Service helps parents and guardians, teachers and officials in
preparation for school career decisions, enrollment,
integration, special
schooling, repeating of years, and assignment to remedial measures. It also
helps affected persons in crisis
situations arising in kindergarten or
school.
Counseling for pregnant women, mothers, and fathers
- Expectant
mothers may seek counseling from various sources, such as the Pregnancy
Counseling Service or numerous physicians. Physicians
also conduct antenatal
examinations. A number of places offer antenatal exercises and birth
preparation courses for couples. The
contact office of the Liechtenstein Red
Cross assists in care for infants and small children. It supports mothers and
fathers in
caring for their children in the first few years and answers
questions concerning nursing, nutrition, vaccinations, and development
of the
infant.
- In
emergency situations of a financial or psychological nature, such as unwanted
pregnancies, expectant mothers may turn to the Pregnancy
Counseling Service.
The Children and Youth Division is also available for pregnant
teenagers.
- Other
organizations offering their counseling services in the area of child-raising
include the Parent-Child Forum and the Counseling
Center for Parents, Children,
and Young People.
Infant and child mortality
- Between
1998 and 2002, a total of 22 deaths of children and young people were
registered. This represents an average of about five
deaths a year, although
there are major random fluctuations. Nine cases were stillbirths.
Birth statistics 1998-2001
|
Live births
|
Stillbirths
|
1998
|
382
|
3
|
1999
|
430
|
3
|
2000
|
420
|
1
|
2001
|
401
|
1
|
2002
|
-
|
1
|
- In
three other cases, the child died within the first few weeks due to heart
failure, breathing insufficiency, and sudden infant death.
Cardiovascular
failure was the cause of death in three cases, and cerebral hemorrhage/kidney
failure in one case. Six children
died in accidents, two of whom in motor
vehicle accidents.
Health education
- In
2000, the Government appointed a working group to consider the topic of health
and social education in schools. New objectives
have now been developed, in
conjunction with concrete recommendations that have already partially been
implemented. Health and social
education in schools will be geared towards
three project goals. The first goal is personality development of the children,
which
will become an integrated and interdisciplinary component of the new
curriculum. The focus is to strengthen conflict skills, team
skills, and
self-esteem. This goal is also supported by the newly initiated project
“Social work in schools”. This
tool, primarily envisaged as
violence prevention, is budgeted for three years at a total of 1 million Swiss
francs (LGBl. 2003 No.
177).
- The
second project goal concerns the physical development of children. Health
awareness is raised with respect to healthy nutrition,
movement, addictive
behavior, and sexuality. In addition, medical examinations are no longer
carried out in school, but rather by
the family physician or the pediatrician as
part of the preventive checkups (see above). The third goal is to ensure
communication
between the Government offices and counseling services. In order
to ensure the coordination of joint projects, a “round table”
has
been established, consisting of representatives of parents, physicians,
teachers, the Office of Education, the Office of Social
Affairs, and the Office
of Public Health. This active collaboration of teachers, physicians and
Government offices is the basis
for developing and implementing concrete
measures.
- In
the period under review, a number of information campaigns and projects took
place in the field of general health education and
promotion that were
especially aimed at children and young people. These campaigns included the
topics of noise, healthy eating,
weight reduction, tobacco consumption, and sun
protection.
Sports
- Sports
are a vitally important pillar for the development opportunities of individuals
and groups, as well as for the maintenance
and promotion of public health.
In particular given the increasing lack of physical activity in society,
combined with unhealthy
eating habits, it takes on essential importance
with respect to social and health policy. Children and young people are
intensively
supported in the context of popular sports, school sports,
competitive sports, and even elite sports. A new Sports Act (LGBl. 2000
No. 52)
and the Ordinance on School Sports, “Youth and Sport”, Popular
Sports, Sports for People with Disabilities, and
Sports for Seniors (LGBl. 2000
No. 149) now govern the promotion of sports at the national and municipal
level.
- Sports
primarily take place in private clubs and associations, but are also supported
financially by the State. The State safeguards
the autonomy of sports under
private law and strengthens private responsibility. The Ministry of Sports is
responsible for ensuring
good framework conditions. Sports education in schools
is mandatory and governed by the ordinance on the curriculum.
Sexual health and HIV prevention
- The
publicly funded Bureau for Sexual Matters and HIV Prevention is responsible for
the promotion of sexual health. Its activities
are divided into the four
areas of sexual education, sexual counseling, family planning, and sexual
transmissible diseases and HIV.
- Sexual
education is primarily concerned with the healthy development of the sexuality
of children and young people as well as a supportive
attitude of adults during
this phase. The goal is to enable young people to ensure their sexual health in
a responsible manner.
The Bureau provides the necessary information for
autonomous and responsible sexual behavior. The Bureau organizes workshops in
schools, in the public youth area, and in kindergartens, which are intended as
supplements to traditional sex education. On the
basis of a stable sexual
identity, young people deal with topics such as relationship, love,
contraception, unwanted pregnancies,
and physical development. The Bureau also
organizes talks and organized continuing education for parents, teachers, and
other professional
groups engaged in education.
- The
goal of prevention work in the area of sexually transmissible diseases is to
prevent new HIV/AIDS infections, to curb the increase
in sexually transmissible
diseases, and to promote solidarity with affected individuals. People with
sexually transmissible diseases
are given counseling, support, and assistance,
in order to enable them to maintain their quality of life to the extent
possible.
- The
Bureau undertakes active and ongoing public relations work on the topic of HIV.
In addition to information stands on preventing
risky behavior, the Bureau
organizes specific informational and educational events for different target
groups (students, women,
parents, companies, gays/lesbians/bisexuals, young
people). The Bureau maintains documentation on HIV/AIDS for everyone
interested
in obtaining information.
- AIDS
counseling includes anonymous counseling by phone and counseling in person
on HIV infection, AIDS, the HIV antibody test, sexuality,
and partnership.
The counseling is free of charge and confidential. An emergency fund offers
financial support to people with HIV/AIDS.
Affected individuals receive support
in a self-help group in addition to professional medical care.
- Positive
HIV results are subject to a notification requirement. In the period under
review, however, no new HIV infections of children
under 18 were reported. It
must be noted that precisely in this area, the official statistics do not
have much explanatory value.
Liechtenstein is in a three-country triangle with
Switzerland and Austria. Liechtenstein citizens can have themselves tested
anonymously
abroad without any difficulties and are then included in the
Swiss or Austrian statistics. Due to the small size of the country
and the
danger of discrimination, it may be assumed that affected persons often choose
this route rather than have themselves tested
in Liechtenstein. It must
therefore be assumed that there are a certain number of unreported cases, since
a comparison with Switzerland
indicates a considerably higher number of infected
persons. It is also striking that no infected homosexuals are registered in
Liechtenstein.
This indicates a trend to have testing conducted in the
neighboring countries.
Teenage pregnancies
- There
are no official statistics on the number of underage women giving birth to a
child. The number can be estimated, however.
In order to ascertain paternity,
all children born to single mothers that are reported to the Civil Registry
Office are registered
separately. Since practically all young mothers are
unmarried, they appear in this list almost without exception. There may be
individual cases, however, that are not reported to the Civil Registry Office or
where the young mother is married.
- No
special care or counseling is provided for teenage pregnancies on a general
basis. The Children and Youth Division intervenes
however, when the young
mother turns to the Division herself and asks for counseling. The topic of
abortion has already been discussed
in chapter 6.3.
Registered births to underage mothers
|
Number of births
|
1998
|
2
|
1999
|
1
|
2000
|
0
|
2001
|
2
|
2002
|
1
|
2003
|
2
|
Road traffic safety
- The
traffic statistics of the National Police are not structured according to the
legal definition of a young person. The compilation
uses an overall category of
persons 14-64 years of age, which is why no clear statement can be made on the
situation of young road
traffic victims. According to the statistics of the
Office of Public Health, two children died in traffic accidents between 1998
and
2002.
- Young
people in Liechtenstein receive traffic instruction by the National Police once
or twice a year from the time they enter kindergarten
to the fourth year of
primary school. Traffic instruction is concluded with a course in a simulated
traffic environment, where sufficient
knowledge of the traffic signals and rules
is tested. The National Police is also active in prevention, by securing the
walk to
school all year. The police undertake special poster campaigns and
appeals at the beginning of the new school year in August.
The right to health in Liechtenstein development
cooperation
- The
International Humanitarian Cooperation of Liechtenstein orients itself on five
focus areas; one of these priorities is health.
Projects are supported that
deal primarily with the improvement of basic public health and especially the
prevention and treatment
of AIDS. A number of contributions made by
Liechtenstein, including to UNICEF, are not earmarked. The specific
contributions are
nevertheless often used to promote the mental and physical
health of children and young people. In addition to improving the nutrition
of
mothers and children, a number of programs target disabled children and children
in war and crisis areas requiring psychotherapeutic
help.[19]
9.3 Social security and childcare services and facilities
(arts. 26 and 18 (3), CRC)
- A
number of institutions in Liechtenstein offer all-day or part-time childcare.
All facilities are private, but are funded to a large
extent by the State. The
Office of Social Affairs (Children and Youth Division) plays a central role, by
securing the social services
in close cooperation with other State and private
organizations. As of recently, the Office concludes service contracts with
various
private providers, including in the area of children and young people,
thereby guaranteeing good coordination of the services and
supervision for the
purpose of quality assurance.
- Playgroups
exist in all municipalities, meeting once or twice a week for two hours.
Children are accepted from the age of three until
entry into kindergarten.
Babysitters are available for all-day care, who generally take care of other
children in addition to their
own. In addition to care arrangements on a
private basis, babysitters are also provided, trained, and hired by a
specialized organization
(Parent-Child Forum). 33 babysitters are currently
working through this organization. There are also eight daycare centers with
room for a total of 120. Children in different age groups are taken care of by
childcare experts. Daycare is provided throughout
the country. Due to strong
demand, there are some waiting lists, and places are assigned according to
urgency criteria. Certain
hours of the day cannot be covered completely (early
in the morning and over lunch). A babysitter agency is available for part-time
care of children in their own homes.
9.4 Standard of living (art. 27 (1)-(3), CRC)
- As
already explained in chapter 8.3, most family-oriented benefits in the form of
financial support, tax relief, and institutional
assistance are accorded to all
families, irrespective of their composition and income. Certain additional
support is granted to
persons who are at particular risk of poverty.
- In
the area of family allowances, a new benefit was introduced in July 1999 in
addition to child allowances and birth allowances,
the so-called single-parent
allowance. Single parents receive a monthly additional benefit of 100 Swiss
francs per child (LGBl.
1999 No. 98). Single persons with a right to child
allowance may claim this additional benefit. The claim is granted for each
child
living in the same household as the single parent. The benefit is granted
in addition to the child allowance.
Single parent allowance
|
Number of recipients
|
Number of children
|
1999 (from 1 July 1999)
|
395
|
610
|
2000
|
480
|
731
|
2001
|
568
|
858
|
2002
|
590
|
896
|
- A
further new accomplishment is the rental subsidy for families with low incomes
(LGBl. 2000 No. 202). Families may claim the subsidy
who care for children and
whose annual household income is below a certain threshold. Single parents
caring for children are also
considered families. In 2002, 1,376,826 Swiss
francs were paid as rental subsidies. Rental subsidies were paid out to 272
applicants.
- The
single-parent allowance and the rental subsidies, which single parents may also
claim, were a specific reaction to the financial
dangers single-parent families
face. The Poverty Report of the Office of Social Affairs had indicated that
single parents belong
to the population groups most dependent on income
support.
- Upon
introducing the rental subsidy in April 2001, the situation eased considerably.
The percentage of single parents receiving income
support decreased by 16%
relative to the previous year. Thanks to the rental subsidy, a number of single
parents no longer required
income support, or their support requirements
decreased. The introduction of the rental subsidy also eased the burden of
single
parents and families with low incomes and helped some of them become
independent of income support.
- Parents
who rely on daycare centers or babysitters due to their jobs may receive
financial support for the costs of care, indexed
to their income. If parents
are unable to support the cost of living of their family members with their
income, they have the right
to financial assistance. The magnitude of the
financial assistance is determined on a case-by-case basis, taking into account
reasonable
efforts and resources of the families themselves. There is no
legally guaranteed minimum wage in Liechtenstein. The Social Services
Division,
which is responsible for
- disbursing
financial assistance, also does not work with a fixed minimum amount. This is
due to the differences in housing costs.
The Social Services Division therefore
determines the amount of financial assistance on a case-by-case basis, starting
with a fixed
amount for general cost of living, a fixed additional amount for
health insurance premiums, and finally the individual housing costs.
10. Education, recreation, and cultural activities
10.1 Education, including vocational training and counseling
(art. 28, CRC)
Primary and secondary schooling
- As
before, nine years of schooling in Liechtenstein are mandatory, beginning at the
age of six. Primary school (five years) is followed
by one of the
continuing schools: Oberschule (less demanding level), Realschule (more
demanding level) or Gymnasium (most demanding
level). 5,000 children and young
people are currently being instructed in the school system, including
kindergarten. There are
13 primary schools, 3 Oberschulen, 5 Realschulen,
1 Gymnasium, a vocational high school, and a special
school.[20]
- An
upper school reform was concluded in 2001 (LGBl. 2001 No. 140). The reform
created uniform advancement rules and rules for entrance
and transfer exams.
Transferring between schools has now become considerably easier and more
transparent. The elective options
as part of the catalogue of subjects offered
has also been expanded.
- For
underperforming students, an integration framework has been developed. This
means that they may remain in the regular school
system, thanks to special
scholastic or educational-therapeutic measures (LGBl. 2001 No. 197). In
addition, there is the separate
special school of the Therapeutic-Educational
Center for children and young people who are unable to follow instruction in
regular
classes, despite special support.
- Only
very seldom is it necessary to enforce mandatory schooling with repressive
measures. Attendance is monitored by the teachers,
and parents (and young
people themselves starting at the age of 18) must justify absences and request
leave when absences are foreseen.
Vocational training system
- Basic
vocational training in Liechtenstein relies on a two-track and a three-track
system. The two-track system includes training
in the business and in the
vocational school; the threetrack system supplements this training with
introductory courses teaching
fundamental practical skills. Of the 350 to 400
students leaving school each year, about 70-75% enter a generally three- or
four-year
professional apprenticeship. Around 700 enterprises in industry,
services, and administration offer apprenticeships in about 80
different
professions. 1,000 apprenticeship positions are currently registered.
Each year, about 330 young professionals complete
their vocational training with
an examination. The Office of Vocational Training is assigned all occupations
in crafts, industry,
services, agriculture, forestry, domestic economy, and
health and nursing. The financial expenditures for basic vocational training
are about 8 million Swiss francs per year.
Higher education
- Liechtenstein
has one professional college, in which the two fields of architecture and
economics are taught. There are also two
research institutes: One offers
studies in philosophy (International Academy of Philosophy); the other offers
doctorate degrees
following a university diploma abroad (University of Human
Sciences).
- Students
wishing to attend a technical college or a university must do so abroad.
Liechtenstein therefore maintains close relationships
especially with
Switzerland and Austria. A number of international treaties and agreements
ensure that Liechtenstein students are
accepted according to the same terms in
these two countries as local citizens. This is not only true for those with
academic high
school degrees, but also for those who have completed or are still
completing vocational training. Graduates of vocational training
programs have
the right to be accepted to a Liechtenstein or Austrian institution of higher
education (university, technical college,
professional college), if they hold a
vocational high school degree from Liechtenstein. The Liechtenstein vocational
high school
degree also grants access to Swiss institutions of higher education,
but only professional colleges, not technical colleges or universities.
In
order to ensure this access to domestic and foreign institutions of higher
education, Liechtenstein offers educational tracks
on its own territory
leading to the academic high school degree (Gymnasium) or the vocational
high school degree (vocational high
school). Liechtenstein’s
contributions to institutions of higher education at home and abroad amount to
approximately 2 million
Swiss francs per year.
EU educational programs
- As
a member of the European Economic Area (EEA), Liechtenstein takes part in EU
vocational training programs. These are above all
the exchange programs for
young workers after completion of basic vocational training (MOJA), apprentices
(Xchange), university students
(FAMOUS) and educators (CEDEFOP study
visits).
- Since
Liechtenstein joined the EEA on 1 May 1995, it has also been a member of the EU
educational program SOCRATES, which was extended
by seven years in 1999. In a
manner appropriate to its size, Liechtenstein participates in the individual
SOCRATES campaigns such
as Erasmus, Comenius, Grundtvig, Arion, and Eurydice.
This participation offers educators in Liechtenstein previously unknown
opportunities
of European collaboration. The exchange of language
assistants, the mobility of students, and the European events for the continuing
education of instructors are now a strong and permanent component of
transnational cooperation with EU/EEA States and the EU applicant
States.
Access to education
- Education
in all these types of schools is free of charge. An exception to this principle
is the cost of instruction materials (books).
These must be paid for by the
parents. The schools subsidize instruction materials at 25% of the acquisition
cost. At the primary
school level, most municipalities supply children with
instruction materials free of charge.
- Contributions
are made to the cost of education by means of loans and stipends, dependent on
the income and assets of the parents.
A new Stipend Act is currently in
development. State benefits in the area of educational subsidies will be
expanded, but a general
combination of educational subsidies in the form of
stipends and loans, as well as a general cap on the duration of benefits, will
indicate that the self-responsibility of stipend beneficiaries will be equally
required. The new system will further reduce the
burden on parents whose
children are in school and especially single parents with limited financial
means. The State will support
both general educational tracks and vocational
training.
- Criteria
such as citizenship, gender, and social and ethnic background are irrelevant for
school attendance and vocational training.
Schooling is mandatory for every
child living in Liechtenstein, and continuing education orients itself by the
abilities and performance
of each child.
- In
order to promote the equality of girls and young women in the workplace, a
professional impulse year was conducted in 2000. The
purpose was to make the
importance of a good education and continuing education clear to girls and
young women and to expand the
spectrum of careers for women. The goal was also
to encourage girls and boys to call into question gender-specific patterns and
to raise awareness among parents and teachers with respect to equality of
opportunity in choosing careers.
Language of instruction
- The
official language in Liechtenstein is German. In everyday communication,
however, the domestic population uses an Alemannic dialect.
In class, standard
German is generally to be used. This helps improve language skills for
communication in German-speaking Europe,
but also greatly helps improve the
ability of non-native speakers of German to understand class instruction. In
certain situations,
however, the use of dialect is justified.
- Foreign-language
children are now taught German as a second language as part of mandatory
schooling (LGBl. 2000 No. 197). Pupils
without any knowledge of German are
taught intensive German over the course of one year (22 lessons a week). After
a year, they
are integrated into the regular school if possible. 20 pupils
currently attend this German course. Foreign-speaking children who
already have
preexisting knowledge of German are now integrated immediately into the regular
school, but they receive additional
instruction in German (1-2 lessons per
week). 500 students are currently taught in this manner. These forms of
instruction are
also universally accessible and free of charge.
Continuing education for teachers and evaluation
- Already
in 1998, the Government decided to establish a system of quality assurance and
development in Liechtenstein schools. A number
of instruments were developed in
the three areas of “Teachers and instruction”, “School”,
and “School
system”, encompassing objectives, quality criteria,
framework conditions, and processes. The establishment of the system attempted
to include all central areas and subareas that are closely linked to the quality
of schooling. Teacher training had to be excluded,
since such training is
offered almost exclusively abroad and the influence of Liechtenstein authorities
is therefore marginal.
- Since
2001, the quality of schools and instruction in Liechtenstein has been evaluated
periodically by means of a set of guidelines.
The guidelines for quality
assurance and development make an evaluation of effectiveness at all levels
possible (teachers, schools,
school system) and link the different areas
together. Teachers are invited to a personal discussion every two years, and
classes
are observed. At the individual level, the guidelines offer teachers an
instrument for self-observation. A further area encompasses
the individual
schools, which are subject to both an internal and an external evaluation. At
the level of the school system, quality
comparisons at the international and
regional level are conducted. For instance, so-called Cockpit surveys are
undertaken, which
enable a standardized comparison of school classes. At the
international level, Liechtenstein takes part in various studies, such
as the
PISA study, a survey of the knowledge level of 15-year-olds in the OECD
countries.
- The
goal of this package of evaluations and quality assurance is that everyone
involved in schools contributes equally to the quality
of schooling.
Evaluations in selected areas review school activities with respect to
effectiveness, and ongoing development is ensured.
The disclosure of the
quality criteria at different levels contributes to transparency for everyone
involved. In particular, there
is now a uniform evaluation of teachers. The
new system also makes it possible to identify potentially undesirable trends, as
part
of an early warning system, and to take corrective measures.
Social work in schools
- In
view of the increasing number of difficult children and young people in
Liechtenstein schools, social work in schools was introduced
in 2003 (LGBl. 2003
No. 177). Those responsible for the educational system have expedited school
development in recent years, taking
into account the changed social conditions.
Despite all the efforts undertaken, a situation had arisen in the
sociopedagogical area
that made it difficult or even impossible to focus
adequately on the core responsibility of instruction. Instances of refusal to
attend school and absenteeism had increased, as well as mobbing, blackmail,
insults, latent potential for violence, offensive behavior
against teachers,
racist assaults, theft and vandalism. Those young people are also difficult who
may not actively disrupt class,
but who have “turned off” internally
and keep their distance. Teachers and authorities often reach the limits of
their
capacities and powers when attempting to change the behavior of difficult
children and young people. This situation needed to be
defused.
- Through
integrated social work, schools receive additional support. The focus is
inter alia on crisis intervention, prevention, integration, and
counseling of children and young people, teachers and parents. The Government
believes that the establishment of social work in schools will contribute to a
better climate in school, swift assistance to children,
young people, and their
parents, and will help relieve the burden of teachers in favor of more efficient
instruction. In the first
phase, a three-year pilot project has been initiated.
The Liechtenstein Parliament approved a total of 1 million Swiss francs for
this
purpose. In the third year of the pilot project, a scientific evaluation will
indicate whether and how the project should be
continued.
Vocational counseling
- Liechtenstein
has a well-developed Vocational Guidance Center, including a Vocational
Information Center. The career guidance team,
which is trained both in
psychology and career counseling, assists young people in the process of
preparing for a career choice.
The Center is open to all interested young
people and is free of charge. In addition to individual counseling, regular
information
events, seminars, and courses are offered, and a documentation and
information center is open to the public. For school career decisions,
the
School Psychology Service can also be contacted.
The right to education in development cooperation
- Education
is one of the five priority fields of activity in which Liechtenstein is engaged
as part of International Humanitarian Cooperation.
The focus areas are
primarily the promotion of primary education and teacher training. A number of
general contributions are made
to international organizations and EU programs in
the field of education, as well as direct contributions to various schools and
training
facilities.[21]
10.2 Educational goals (art. 29, CRC)
- The
Liechtenstein curriculum and the design and development of school as a whole
orient themselves according to established core principles
applicable to all
schools and school levels. According to these core principles, schools are open
to all children and young people
regardless of origin, religion, and gender and
adopt an open attitude with respect to political, religious, and ideological
issues.
Schools pay particular attention to the equality of girls and boys.
They are responsible for strengthening the individual qualities
of adolescents
and to help them become competent members of society. Schools share this
responsibility with parents and other institutions.
The primary responsibility
of parents for raising their children is recognized, so that close
cooperation between schools and the
parents is aspired to.
- Children
and young people should be taken seriously with respect to their ideas,
feelings, and behavior. Children and young people
thereby acquire the skills to
act autonomously, to make responsible decisions, and to develop a healthy
willingness to perform.
- In
their function as a social learning environment, schools give students the
opportunity to get to know the conditions of living
together, to recognize human
society in all its diversity, to build up relationships, to work together
with others, and to take responsibility
for the community. Of central
importance is also to attain the ability to conduct discussions, to respect
divergent opinions, and
to resolve conflicts through argumentation. Schools
should help children and young people acquire the skills to recognize ecological
connections and the effects of human behavior on the environment, and to develop
an awareness of the responsibility of humans towards
nature.
- Human
and children’s rights are integrated into the curriculum in the subject
“People and the Environment”. The
overarching goal is that students
understand the principles of human rights and that they orient their actions
accordingly, i.e.,
to stand up for their own rights and to accept the rights of
others. They learn to understand, differentiate, and scrutinize fundamental
- values,
human rights, and value system. They deal with different cultures and the
related traditions, religions, and value systems.
They thereby develop an
ethical awareness from which they derive their own behavioral and action
patterns. They learn about human
rights through concrete examples and grasp
them in their importance for the world and their own lives. Possible points of
departure
are topics such as justice, solidarity, personal engagement,
structural injustices, hunger, racism, oppression, persecution,
unemployment,
and poverty.
- Intensive
efforts have been undertaken recently to promote the integration of young
foreigners. The goal is to achieve preventive
countermeasures against
intolerance and racism. The problem of integration is dealt with in a number of
different subjects (such
as German, History, Foreign Languages, Religion,
Ethics, Philosophy, Education/Psychology, Art Education, Life Sciences). In
addition,
intercultural projects aim to promote integration and to contribute in
a preventive way to the fight against intolerance and racism.
Various
fundraising campaigns for children/schools in developing countries and countries
in transition are conducted. These campaigns
are often long-term, annual
support projects with the goal of developing the idea of solidarity among
students. Language exchanges,
specific workshops on topics such as world
religions and violence, and visits by representatives of other cultures or of
international
aid organizations are intended to cultivate interest in other
cultures, reduce fears and prejudices, and promote tolerance for others
and
other ways of thinking.
10.3 Leisure, recreation, and cultural activities (art. 31,
CRC)
- Extracurricular
youth work as sociocultural animation is supported by the State. This youth
development work is accomplished through
specialized support and counseling of
persons and organizations active in extracurricular child and youth work. The
Children and
Youth Division of the Office of Social Affairs is primarily
responsible. The Division observes and analyzes developments in the
area of
children and young people and reacts by way of public information, raising
awareness of topics relevant to young people,
providing impulses, ideas,
initiatives, and the development of projects. Regional and international
exchange is also promoted, as
well as cooperation and networking in the youth
field.
- The
State also contributes financially, by way of individual contributions or annual
contributions to organizations/institutions or
individuals, such as for youth
camps, film presentations, festivals, information and public relations work, and
participation in
international events or continuing education. The guidelines
on the promotion of youth development measures as part of the Youth
Act were
renewed by the Government at the beginning of 2003 and were presented to the
public in a special brochure.
- An
Association of Liechtenstein Youth Organizations acts as the umbrella
organization with the task of coordinating, networking, and
providing
information on extracurricular, open youth work. In addition to publishing the
quarterly youth magazine FLASH, the Association
organizes activities and
projects, takes positions on questions of youth policy, and promotes the career
development of experts in
the field. The largest youth organization is the
Liechtenstein Scouts. Youth centers, facilities, and meets can be found in
almost
all Liechtenstein municipalities. The youth center staff members offer
recreational programs, counseling, and guidance.
School of art
- The
Liechtenstein School of Art was founded in 1993 as an extracurricular
educational facility for children, young people, and adults.
On 1 January 2002,
it was transformed into an autonomous institution under public law (LGBl. 2002
No. 22). Creative people are
given the opportunity to acquire creative
understanding and skills in free painting, drawing, photography, and new media.
The School
of Art is in principle open to all interested persons and is geared
toward children, young people, and adults.
- Children
five and above may take classes. In special children groups, specialized
teachers introduce them to the world of colors,
forms, and structures. To the
extent that they are relevant to the visual arts, performance, linguistic, and
musical skills are
also included. Art instruction aims to give children the
opportunity to discover their talents in a stimulating environment without
the
pressure of grades. Young people have the option of receiving special
instruction through admission to the University of Applied
Sciences, with a view
to a career. The School of Art is funded by contributions by the State and the
municipalities as well as tuition.
Music school
- The
Liechtenstein Music School is also an autonomous institution under public law
with the purpose of providing instruction in instrumental
and voice music and of
promoting the musical life of the country. In 2002, 93 instructors taught at
the Music School. Analogous
to the School of Art, the State
contributes to the funding of the Music School (State 50%, municipalities 25%);
the remaining costs
must be covered by tuition.
Theater
- The
Liechtenstein theater (TaK - Theater on the Kirchplatz) offers a special child
and youth program on stage and on screen. For
two years, the Young Theater
Association of Liechtenstein has offered over 50 young people annually the
opportunity to participate
artistically. Primary school students may already
gain their first experiences on stage in the children’s theater workshop.
Building on these experiences, they may later join the Youth Theater Club or the
Theater Project for young people under 21. The
Association works in
collaboration with the Theater on the Kirchplatz, ensuring a professional
foundation in technical matters, advertising,
infrastructure, and
administration.
Sports
- A
new Sports Act (LGBl. 2000 No. 52) and the Ordinance on School Sports,
“Youth and Sport”, Popular Sports, Sports for
People with
Disabilities, and Sports for Seniors (LGBl. 2000 No. 149) now governs the
promotion of sports at the national and municipal
level. Individual sports
associations and clubs are supported with annual contributions. In addition,
support is granted in the
areas of infrastructure, participation in world and
European championships, preparations for competitions, international sports
events
in Liechtenstein, and “Youth and Sport” expert courses.
“Youth and Sport” is the Swiss institution for the
promotion of
popular, competitive, and elite sports for children and young people, in which
Liechtenstein also participates.
- According
to the Liechtenstein Youth Study (1999), a large percentage of young
people (80%) are active in sports. 44% of those surveyed
are even members
of sports clubs. The most popular sports among young people include cycling,
inline skating, skiing and swimming,
followed by a variety of team
sports.
11. Special protective measures
11.1 Children in emergency situations
11.1.1 Refugee children (art. 22, CRC)
- In
1998, a new Law on the Acceptance of Asylum Seekers and Persons in Need of
Protection (Refugee Act) and the corresponding Ordinance
entered into force
(LGBl. 1998 No. 107; LGBl. 1998 No. 125). They govern inter alia
the principles of granting asylum and the legal status of asylum seekers,
persons temporarily admitted, and persons in need of protection.
Temporarily
admitted persons are those who have not been granted asylum, but the enforcement
of the repatriation order would not
be possible, permissible, or reasonable.
Persons in need of protection are those belonging to groups whose life,
security, or liberty
is endangered due to general violence, foreign aggression,
grave violations of human rights, or other serious disturbances of the
public
order.
- The
Refugee Division of the Immigration and Passport Office is responsible for the
implementation of the Refugee Act. The Division
conducts the necessary
inquiries and decides whether an asylum application is to be considered,
and forwards its findings to be decided
by the Government. The Government then
decides on whether to grant or deny asylum. Decisions by the Government may be
appealed
to the Administrative Court. An asylum center is available for
housing asylum seekers, persons temporarily admitted, and persons
in need of
protection, and in some cases, appropriate housing is organized in the
municipalities. The care of asylum seekers and
persons in need of
protection has been assigned to the private Liechtenstein Refugee Aid Society
for autonomous implementation.
The Refugee Aid Society runs the asylum center
and organizes the recruitment, instruction, and employment of aid
representatives
for questioning and legal counseling. The State funds the
Refugee Aid Society. Recognized refugees receive a permit to stay in
Liechtenstein and, if necessary, are assisted by the Office of Social
Affairs.
- A
total of 340 asylum applicants under the age of 18 at the time of their presence
in the country were registered in Liechtenstein
between 1998 and August 2003.
Over two thirds of the minors (282) had fled during the war in the former
Yugoslavia. The numbers
in 1998 and 1999 are therefore unusually high. In the
remaining years, between 10 and 24 underage asylum seekers were registered
each
year. They come from a total of 14 different countries (see
table).[22] In the last
five years, no minors have been accepted as recognized refugees.
- In
the period under review, 22 unaccompanied minors were registered with the
Refugee Aid Society. They generally had relatives or
close acquaintances in
Liechtenstein or in nearby Switzerland who maintained a close relationship with
the young people.
- There
are only isolated child-specific and youth-specific programs and measures for
underage asylum seekers. Due to the low number
of cases, it is possible to
react on an individual basis to needs. For minors accompanied by their family,
parents remain primarily
responsible. Upon request and in case of need,
however, the Refugee Aid Society offers assistance.
Asylum seekers under 18
|
1998
|
1999
|
2000
|
2001
|
2002
|
2003
|
Total
|
Armenia
|
3
|
1
|
|
|
|
|
4
|
Azerbaijan
|
|
|
|
1
|
|
|
1
|
Bosnia and Herzegovina
|
|
4
|
|
1
|
|
3
|
8
|
Bulgaria
|
|
|
|
|
|
1
|
1
|
Czech Republic
|
|
2
|
|
|
|
|
2
|
Kazakhstan
|
|
|
|
|
1
|
2
|
3
|
Morocco
|
|
1
|
|
|
|
|
1
|
Macedonia
|
|
|
|
12
|
3
|
2
|
17
|
Mongolia
|
|
|
|
|
|
1
|
1
|
Poland
|
|
|
|
|
|
1
|
1
|
Russia
|
|
|
|
|
3
|
4
|
7
|
Ukraine
|
|
1
|
|
|
2
|
|
3
|
Turkey
|
1
|
8
|
|
|
|
|
9
|
Yugoslavia
|
66
|
183
|
18
|
10
|
1
|
4
|
282
|
Total
|
70
|
200
|
18
|
24
|
10
|
18
|
340
|
- Children
of asylum seekers and of persons in need of protection who are of mandatory
school age are given access to primary schools,
continuing schools, and
vocational training institutions (article 32 (4) and article 62 (4) of the
Refugee Act). School attendance
is therefore open to all children and young
people. Asylum seekers enjoy the same conditions as children in the rest of the
population.
Children whose native language is not German are given special
support in schools. Students without any knowledge of German are
taught German
intensively for one year (22 lessons per week). After this year, they are
integrated into the regular school system,
if possible. Foreign-speaking
students who already have some preexisting knowledge of German are integrated
immediately into regular
schools, but receive additional instruction in German
(1-2 lessons per week). Underage asylum seekers also have the opportunity
to
attend continuing schools and to begin an apprenticeship. The beginning of the
apprenticeship depends on the current status of
the asylum process. Beginning
an apprenticeship does not automatically guarantee a permit to stay until the
apprenticeship is completed.
Family reunification
- Spouses
of recognized refugees and their underage children are granted asylum if the
family was separated during the escape and seeks
reunification in Liechtenstein.
Subject to the same conditions, other close relatives of a person living in
Liechtenstein may be
granted asylum, if special circumstances speak in favor of
reunification in Liechtenstein. In an analogous manner, spouses of persons
in
need of protection and their underage children are also granted temporary
protection, if the family has been separated by the
events leading to the need
for
- protection
and wishes to be reunited in Liechtenstein. In other cases, the Government
decides on family reunification (articles 40
and 66 of the Refugee Act).
Family reunification is not provided for asylum applicants and temporarily
admitted persons.
International cooperation
- Within
the scope of its possibilities, Liechtenstein participates in the harmonization
of European refugee policy and in solving refugee
problems abroad and at
the international level. It supports international aid
organizations in their work. It works together in
particular with the Office of
the UN High Commissioner for Refugees (UNHCR) and supports its work
financially.
11.1.2 Children in armed conflicts (art. 38, CRC), including
physical and psychological recovery and social reintegration (art. 39,
CRC)
- Liechtenstein
signed the Optional Protocol to the CRC on the involvement of children
in armed conflict on 8 September 2000. Ratification
is currently under
preparation. Since Liechtenstein does not have armed forces and there are
therefore no corresponding legal norms,
the question of the minimum age for
recruitment and participation in hostilities has no practical importance in
Liechtenstein itself.
The ratification of the Optional Protocol is therefore
primarily to be considered as an act of solidarity.
- In
the context of emergency aid, Liechtenstein primarily participates through
financial contributions in the recovery and reintegration
of children who are
victims of armed
conflicts.[23]
- An
active contribution is made through the temporary admission of children into
Liechtenstein. In a former children’s home,
children primarily from
Eastern European countries such as Bulgaria, Ukraine, Romania, and Hungary spend
three-week vacations year-round.
After the war in Kosovo, children from the
conflict areas were also admitted. This project, organized by the Liechtenstein
Red
Cross and funded by the State, celebrated its 10th anniversary in 2002.
Around 1,600 children each year enjoy a carefree time and
fill up on energy and
courage. In addition to clothing and toys, the aim is for children take home
many good memories.
11.2 Children in contact with juvenile justice
11.2.1 The juvenile justice system (art. 40, CRC)
- The
provisions concerning juvenile justice have not changed significantly since the
first report. The general provisions of criminal
procedure and the Juvenile
Court Act continue to apply. The age of the child and reintegration are taken
into account in that the
Juvenile Court Act applies in conjunction with the
provisions of the Youth Act on the protection of minors, youth development, and
youth welfare. The lowering of the age of majority to 18 years now corresponds
to the age of criminal responsibility, which already
was fixed at 18 by the
Juvenile Court Act. The gray area that made judging and sentencing of
18-20-year-olds more difficult has
now been eliminated. The minimum age
continues to be 14. Proceedings against children younger than 14 are suspended
by the court.
- According
to the estimates of the National Police and the Juvenile Criminal Court,
Liechtenstein has not experienced any dramatic
developments with respect to
juvenile delinquency. Since 2000, the police statistics have listed the number
of juvenile offenders
under the heading “identified perpetrators”.
Between 2000 and 2002, the figures indicate that 10-20% of the cases
investigated
were perpetrated by minors. The main offenses are damage to
property, vandalism, graffiti, and simple theft. With respect to the
approximately 40 to 60 cases of bodily harm each year, the proportion of
juvenile perpetrators is between 15% and 20%. Over this
time period, no
juvenile perpetrators were identified in cases of violent crime. The proportion
of minors perpetrating drug offenses
was 30% of all persons charged, i.e., a
total of 130 cases in the three years mentioned.
- The
Juvenile Criminal Court does not maintain any official statistics, but figures
are available from a study conducted between 1990
and the end of
1999.[24] The overall
development does not show any general increase in cases. Individual extreme
annual fluctuations are most likely due
to an increase in police inspections in
the area of narcotics. By far the most frequent violations are in the area of
road traffic,
namely more than 50% of all cases. These are followed by offenses
against the Criminal Code at 19%. The study also indicates a
significant
increase in damage to property in 1998 and 1999. These findings correspond to
the experiences of the National Police.
Damage to property often occurs at
night, not seldom under the influence of alcohol, and without concrete motives.
Damage is often
perpetrated against public buildings and facilities as well
as motor vehicles.[25]
- The
proportion of narcotics offenses is 17%, primarily the consumption of cannabis.
The number of cases relating to the Youth Act
and the Gun Control Act are
comparatively small.
- The
number of incidents increased in the years 2000 to 2002, which may in part be
due to the increase in the number of law enforcement
staff, especially in
the Office of the Public Prosecutor and the National Police. An actual increase
since 1999 appears to have
occurred in the area of bodily harm, however, which
confirms at the judicial level that the potential for violence among young
people
has increased. After six charges brought for bodily harm in 1999, there
were three in 2000, nine in 2001, and 14 in 2002.
11.2.2 Children deprived of liberty, including all forms of
arrest, detention or imprisonment (art. 37 (b)-(d), CRC)
- No
sentences have been given in recent years that include unconditional
detention.
11.2.3 The punishment of minors, especially with respect to the
prohibition of the death penalty and life imprisonment (art. 37 (a),
CRC)
- The
idea of education and reformation is the focus of the penalties imposed on
minors. In addition, special attention is paid that
the further progress of
young people - especially with respect to career - is not made more difficult
than necessary. In the case
of warnings or suspended sentences, for instance,
an entry is made in the criminal records, but third parties, including
apprenticeship
business, do not have access. The costs of the proceedings are
also regularly declared to be uncollectible (article 32 of the Juvenile
Court
Act).
- In
cases of offenses against the Narcotics Act or the Road Traffic Act,
perpetrators are practically only sentenced to fines. In the case of rare
offenses or crimes according to the Criminal Code, only
warnings are given as a
rule, i.e., especially in less serious cases, or the fine or prison sentence is
suspended for a certain probationary
period. Fines and prison sentences are
only rarely ordered, and even then generally suspended.
- Since
the middle of August 2000, a new procedure has been applied in cases of
violations of the Youth Act provisions. With the goal
of attaining
decriminalization of young people, criminal proceedings are usually avoided
entirely, but in return, a pedagogical discussion
is conducted with the young
people and their parents. This approach functions pursuant to a splitting
procedure, according to which
adults, such as the storekeeper or bar owner, are
punished with the appropriate fines, but only diversion measures are applied to
the young people themselves. The asymmetric treatment of adults and young
people is expected to increase the effectiveness of the
protection of minors.
The pedagogical discussion both avoids stigmatizing the young person and enables
an early recognition of danger.
Since this process has been introduced, the
number of inspections has increased, and the two-year test phase has been
assessed as
positive. In 2002, 16 personal discussions and one telephone
discussion were held. In a special case, ten young people and their
parents
were invited jointly to participate in a discussion. The Government has been
requested to continue authorization of this
method.
- In
2003, a private organization was put in charge of probation assistance. Its
mandate includes the search for potential opportunities
for extrajudicial
compensation, with the goal of organizing charitable work, for instance, and of
further expanding existing diversion
measures.
11.2.4 Physical and psychological recovery and social
reintegration of children (art. 39, CRC)
- A
new Victims’ Assistance Act is currently in development. According to the
request by Parliament to the Government, the new
Act will provide that victims
of crimes (persons whose physical, sexual, or psychological integrity has been
directly affected by
a crime, as well as their spouses, children, parents and
other persons who are close to them in a similar way) receive effective
assistance in the form of counseling and compensation. This Act will apply to
all victims, independent of age. Special rules for
minors concern the
exception to the confidentiality requirement for the Victims Assistance Office.
In the case of children and young
people, there will be a reporting right
to law enforcement authorities, if there is a serious danger that underage
victims could
again become victims of a crime. Counseling and support
in overcoming the traumatic experience as well as financial compensation
will promote the social reintegration of the victim. A draft of the
Victims’ Assistance Act will be circulated for consultations
among
interested parties in spring 2004.
11.3 Children in situations of exploitation, including
physical and psychological
recovery and social reintegration of the
child
11.3.1 Economic exploitation of children, including child labor
(art. 32, CRC)
- Labor
law provisions are currently under revision. The Government plans to set out
the special protection provisions for young workers
in a separate
ordinance. This new
- Youth Workers’
Protection Ordinance will not only separate out the provisions relevant to
young people, but will also fully
implement in Liechtenstein law EU
Directive 94/33/EC of 22 June 1994 on the protection of young
workers.
- Existing
Liechtenstein labor law already contains special protection provisions for
children and young people. These provisions cover
all underage workers and
employees, including those in agriculture, private households, and family
businesses. In principle, the
employment of children under 15 is prohibited.
Exceptions are made for running errands (from the age of 13) and light
labor (from
the age of 14). Authorization may also be granted on an exceptional
basis to test apprenticeship opportunities and for internships.
Depending on
the age and type of work, different daily and weekly maximum working hours
apply. Young people may work a maximum
of eight hours per day. In general,
work at night and on Sundays is not permitted, although exceptions may be
approved in certain
cases.
- Young
people are generally prohibited from engaging in dangerous labor. This includes
activities that, by their nature or due to
the working conditions, may be
harmful to the health, safety, and personal development of the child or young
person. The new Youth
Workers’ Protection Ordinance will include these
activities in a list, which will be reviewed and revised every five years
by
experts. The Ordinance will also explicitly prohibit all activities exposing
children and young people to physical, psychological,
moral, or sexual abuse,
such as prostitution, the production of pornography, and pornographic
performances.
11.3.2 Drug addiction (art. 33, CRC)
- Drug
policy has been geared toward decriminalization since 1997, according to the
principle “prevention instead of repression,
and integration instead of
exclusion”. Primarily responsible for prevention is the Minors’
Protection Bureau of the
Children and Youth Division. The Bureau is responsible
for education, counseling, and information. Important projects included
the
addiction prevention campaign “The courage to educate” in 1998, and
currently a program for the early identification
of susceptibility. This
interactive educational program for the early identification of susceptibility
was produced on behalf of
the Commission on Addiction in cooperation with
the “aha - Tips and information for young people” association.
About
500 CDs will be distributed beginning in the autumn of 2003 to the target
group, as part of education events.
- The
core responsibilities of the Children and Youth Division include developing
minors’ protection provisions and monitoring
their compliance. New
provisions, also with respect to age limits for the consumption of addictive
substances, are currently being
discussed in the context of the Youth Act
revision. In addition to monitoring of providers (restaurants, stores), the
Children and
Youth Division provides target groups with information on products,
as part of consumer protection, identifies risks and dangers,
and conducts
educational training for parents and adults.
- If
young people violate minors’ protection provisions, the goal is to
intervene in an educational manner, rather than to punish.
Adults, however, are
charged with violations. In this respect, the “pedagogical
discussion” must be seen as a preventive
measure. This new procedure in
case of violations of minors’ protection provisions envisions a
decriminalization of young
- people.
A pedagogical discussion with the young people and their parents replaces the
usual procedure before the Juvenile Criminal
Court. This new approach is
complemented by increased monitoring of the minors’ protection
provisions.
- The
strategy of decriminalizing narcotics consumption should include supplemental
measures. These measures would allow the Public
Prosecutor or the judge to
terminate proceedings, if the affected person fulfills certain conditions, such
as therapy. The Government
intends to present a draft law to this effect to
Parliament. The new drug policy was also the impetus for introducing the new
probation
assistance system in April 2003. Probation assistance is expected to
provide positive impulses for the reintegration of criminal
offenders.
- The
most recent figures concerning the consumption of addictive substances are
contained in the Liechtenstein Youth Study of 1999.
Young people were asked
questions regarding the consumption of tobacco, alcohol, and other addictive
substances.
- With
respect to the consumption of tobacco, approximately two thirds of the 12
to 20year-olds surveyed indicated that they do not
smoke. The remaining
third was divided into 15% occasional smokers and 16% daily smokers. The
main entry age for smoking is at
around 15 to 16 years. Young women begin
to smoke later, but their proportion of smokers is about the same. The
most frequent smokers
among the young people surveyed are 19 to
20yearold young men and apprentices.
- More
than a quarter of the young people surveyed consider themselves abstinent with
respect to alcohol. 3% indicate that they consume
alcohol regularly, i.e.,
almost every day. One quarter drink alcoholic beverages at least once a
week. The strong, age-dependent
increase of young people who drink alcohol at
least once a week is striking. The increase is linear, at about 5% per birth
year.
7% of those under 14 indicated that they drink alcohol at least once a
week, and 2% that they drink alcohol every day. Among male
12 to 15-year-olds,
14% drink at least once a week and 4% every day. Contact with alcohol occurs
significantly earlier than contact
with nicotine. 45% of 12 to 14-year-olds
have already tried alcohol, while only 22% have already smoked a cigarette.
There is a
significantly higher percentage of those consuming alcohol (about
70%) than smokers (40%). A direct correlation exists between tobacco
consumption and alcohol consumption. Those who do not drink alcohol also do not
smoke, as a general rule.
- The
consumption of illegal drugs could only be partially surveyed, and many young
people refused to answer. About 40% of young people
indicated that their
friends had already consumed illegal drugs. This concerned primarily cannabis
products (hashish/marijuana)
(38%), ecstasy (17%), stimulants (14%), LSD (11%),
and cocaine (9%). As expected, older age groups had more experience with
illegal
drugs than younger age groups.
- According
to information provided by the police, the proportion of young people in
relation to all persons charged with drug abuse
remains constant at about 30%.
Between the ages of 14 and 19, the greatest manifestation of drug use is
the consumption of cannabis.
The Juvenile Criminal Court also does not in
general note an increase in proceedings initiated relating to narcotics
offenses.
Most cases concern the consumption and free transmission of
“soft drugs”, i.e., primarily cannabis products.
11.3.3 Sexual exploitation and sexual abuse (art. 34,
CRC)
- Criminal
law has been tightened with respect to offenses against sexual autonomy and
other sexual offenses (LGBl. 2001 No. 16). The
penalty for sexual abuse of
minors has been increased, and the beginning of the statute of limitations has
been raised to the 18th
birthday. In addition, child pornography and abuse
abroad have been criminalized.
- The
provisions on the protection of minors with respect to employment are currently
under revision. The planned new Youth Workers’
Protection Ordinance will
explicitly prohibit labor in which children and young people are subject to
physical, psychological, moral,
or sexual abuse, namely prostitution, the
production of pornography, and pornographic performances.
- In
December 1999, an interdisciplinary expert group was founded, consisting of
experts in psychology, therapy, medicine, and law,
that deals with the sexual
abuse of children. The group is primarily a contact point for professional
helpers who are confronted
with cases of sexual abuse in the context of their
practical work. The expert group primarily counsels specialists, not victims.
In 2002, the expert group was contacted in 12 suspected cases of sexual abuse.
The number of cases is increasing, although this
does not necessarily signify an
increase in the number of actual occurrences. It may be assumed that increased
public information
work has raised public awareness, leading to a greater
willingness to report cases. The expert group assumes that the number of
unreported cases continues to be large.
- The
expert group is also engaged in linking existing assistance systems such as
counseling centers and therapists, as well as in continuing
training for
specialists. The group also intends to introduce a standard for concrete
approaches to be taken when cases become known.
As part of its public
information work, the group has published a brochure containing the most
important information that should
help affected persons recognize signs and
react appropriately. An awareness-raising campaign is currently under
development. The
expert group also regards regional cooperation as
important.
- An
impulse for further improvements was given by the conference in Budapest (2001)
jointly organized by the Council of Europe and
UNICEF on the protection of
children against sexual exploitation. The central themes were sex tourism,
child pornography, and trafficking
in children. The plan of action adopted
envisions the development of a joint strategy binding on all members. The plan
provides
for special measures in legal proceedings as necessary instruments to
protect sexually exploited or abused children. These measures
include sensitive
questioning of witnesses, in order to avoid direct confrontation between victims
and perpetrators in criminal proceedings,
as well as trial assistance for
children. These measures have already been implemented in Liechtenstein in
practice. Appropriate
technical measures have been taken to allow adversarial
questioning of children to be conducted on the premises of the Office of
Social
Affairs. Further improvements are planned as part of the revision of the Code
of Criminal Procedure (see victim protection).
- In
addition to the expert group, the National Police receives reports of suspicion,
as well as the Office of Social Affairs and the
Court of Justice; each year,
these authorities register different numbers of cases. In 2002, for example,
the police received 15
reports of sexual
- offenses
against minors, the expert group 12 reports of suspicion, the Office of Social
Affairs 11, and 13 proceedings were initiated
before the Court of Justice.
These irregularities also confirm the suspicion of the expert group that a not
insignificant number
of unreported cases exist.
- The
revised sexual crimes legislation now also penalizes the sexual abuse of minors
if the act was committed abroad (article 64 paragraph
1 subparagraph 4a of the
Criminal Code). No proceedings have been initiated by Liechtenstein law
enforcement authorities on the
basis of this provision so far,
however.
Victim protection
- After
completion of the amendment to the sexual crimes legislation, work was commenced
to revise the Liechtenstein Code of Criminal
Procedure. The goal of the
revision is to improve the protection of victims in criminal proceedings and
especially to take the interests
of young victims and victims of sexual offenses
better into account. Key points of the Victims’ Protection Act are,
subject
to approval by Parliament, sensitive questioning, once-only testimony,
and questioning by an
expert.[26] The draft law is
expected to be presented to Parliament the beginning of 2004.
- Sensitive
questioning: The introduction of sensitive questioning of witnesses is one
of the most important novelties and the heart of the draft law. Witnesses
who
are particularly in need of protection, due to their young age or emotional
condition, are questioned in a room separate from
the perpetrator, and the
questioning is recorded with a video camera. This saves the victim from a
direct confrontation and also
avoids the additional strain of a tense situation.
In the cases of young victims of sexual offenses, this approach is mandatory,
otherwise it is ordered upon request.
- Once-only
testimony: Young victims and all persons, including adults, who may have
been violated in their sexual sphere by a criminal act, are given
the option of
refusing to testify in the final proceedings if they have already been
questioned (sensitively) in an adversarial manner
(usually in the pretrial phase
before the investigating judge), i.e., including both parties. This ensures
that victims in particular
need of protection must in general only appear and
testify once before the court. This largely obviates further emotional stress
and protects the victim to the extent possible.
- Questioning
by experts: The revision intends to create the possibility of transferring
the questioning especially of underage witnesses to experts. Thanks
to their
training and experience, experts are able to shape the questioning through
child-sensitive communication in a way that new
traumas are avoided.
- Additional
new measures in the interest of victim protection include the introduction of
witness assistance, which gives every witness
access to a trusted person, the
protection of the private sphere through explicit secrecy requirements and
prohibitions from making
information public, as well as special care,
notification, and information requirements, such as the possibility to notify
victims
of the release of the accused person from pretrial detention. Finally,
the revision provides for detailed provisions on the exclusion
of the public and
television, radio,
- film,
and photography. In addition, the official duty to disclose will be limited
substantively and clarified, so that criminal charges
need not be filed in the
course of official activities whose effectiveness relies on a personal
confidential relationship. This
measure is intended to prevent that immediate
criminal prosecution interferes with psychosocial interventions that may often
be in
the better interest of the victim. Charges must be filed, however, if
they are necessary to protect the victim or other persons
from danger. This
rule is also important in the area of victim assistance and provides guidance
for the development of confidentiality
requirements for officially constituted
counseling offices.
- The
procedural age of protection for young victims will presumably be fixed at 16
instead of 14, as had been initially contemplated,
in order to take into account
corresponding international efforts. This also responds to a concern often
expressed in the course
of consultations.
- Questioning
by a person of the same gender as well as a corresponding composition of the
court cannot yet be enshrined in law, due
to the lack of sufficient personnel of
both genders. In practice, however, the Liechtenstein National Police questions
in particular
young or female victims of sexual offenses using female police
officers.
11.3.4 Sale, traffic and abduction (art. 35, CRC)
- At
the Millennium Summit from 6-8 September 2000 in New York, Liechtenstein signed
the Optional Protocol to the Convention on the
Rights of the Child on the sale
of children, child prostitution and child pornography. The ratification of this
protocol is on the
list of priorities of the Liechtenstein Government. In order
to fully guarantee the protective measures, a number of legal and organizational
adjustments must be made prior to ratification. In particular, it will be
necessary to accede to the Hague Convention on Adoption,
in order to counter
abuses in international adoptions. This step is currently in preparation. As
soon as these adjustments have
been made, the Optional Protocol can be
ratified.
- On
15 March 2003, Liechtenstein signed the Protocol to the UN Palermo Convention to
Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and
Children. The ratification process is currently underway. Liechtenstein is
simultaneously engaged at the European
level and actively takes part in the
negotiations on a convention of the Council of Europe on trafficking in
persons.
11.4 Children of minorities or indigenous groups (art. 30,
CRC)
- Since
1 March 1998, Liechtenstein has been a party to the European Charter for
Regional or Minority Languages of 5 November 1992 (LGBl.
1998 No. 9) and the
Framework Convention for the Protection of National Minorities of 1 February
1995 (LGBl. 1998 No. 10). In a
declaration, Liechtenstein stated that the
ratification constitutes an act of solidarity with the objectives of the
conventions,
since no national minorities or indigenous people live in the
territory of the Principality of
Liechtenstein.
Notes
[1] The European Economic
Area consists of the 15 Member States of the European Union and the EFTA States
Iceland, Liechtenstein, and
Norway. The 10 new EU Member States are scheduled
to join the EEA on 1 May 2004.
[2] Due to the small size
of the country, the life expectancy in Liechtenstein is not measured. These
figures are taken from the Statistical
Yearbook of Switzerland for 2001 and
correspond to the life expectancy of the Swiss population.
[3] International Covenant
on Civil and Political Rights, Convention on the Elimination of All Forms of
Discrimination against Women,
Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and the International Convention
on the
Elimination of All Forms of Racial Discrimination.
[4] Unemployment rate as of
October 2003: 2.2% (Office of Economic Affairs).
[5] See list of the
supported projects in the framework of International Humanitarian Cooperation in
the Annex.
[6] Appeal of 9 May 2003
against the Decision of the Government of the Principality of Liechtenstein of
22/23 April 2003, RA 2003/9182580.
[7] Appeal of 11 April 2000
against the Decision of the Government of the Principality of Liechtenstein of 8
February 2000, RA 0/3212580.
[8] Share of foreigners as
of 31 December 2002: 34.2% (Office of Economic Affairs).
[9] Declaration of the EEA
Council No. 1/95 of 10 March 1995 on the entry into force of the Agreement on
the European Economic Area
for the Principality of Liechtenstein.
[10] Decision of the EEA
Joint Committee No. 191/1999 of 17 December 1999 amending Annexes VIII
(Right of establishment) and V (Free
movement of workers) to the
EEA Agreement.
[11] Population
statistics as of 31 December 2002 (years of birth 19852002), Office of
Economic Affairs.
[12] Publication of the
Government Legal Services, September 2003.
[13] Meeting of
Parliament of 12 December 2001.
[14] CPT/Inf. (2002) 33;
www.cpt.coe.int.
[15] Proportion of
foreigners as of 31 December 2002: 34.2% (Office of Economic Affairs).
[16] Appeal against the
Decision of the Administrative Court (VBI 2001/147) of 12 June 2002, StGH
2002/84.
[17] These figures have
been systematically compiled by the Office of Education since 2002.
[18] Meeting of
Parliament of 12 December 2001.
[19] See list of
contributions in the framework of International Humanitarian Cooperation in the
Annex.
[20] See the overview of
the Liechtenstein school system in the Annex.
[21] See list of
contributions in the framework of International Humanitarian Cooperation in the
Annex.
[22] See statistics on
underage asylum applicants, especially with regard to age distribution, in the
Annex.
[23] See list of
contributions in the framework of International Humanitarian Cooperation in the
Annex.
[24] Juvenile crime in
the Principality of Liechtenstein. An analysis of Juvenile Court documents.
Diploma thesis (2001).
[25] See tables and
diagrams on juvenile crime in the Annex.
[26] Publication of the
Government Legal Services, September 2003.
-----
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/int/other/UNCRCSPR/2005/13.html