Discrimination

Prohibition of Discrimination in Criminal Law

Since 2016, Section 283 of the Liechtenstein Criminal Code has established a comprehensive prohibition on public discrimination, covering all grounds of discrimination recognized under international law. The criminal provision criminalizes the public display, incitement, and dissemination of derogatory or defamatory ideologies. It prohibits the public trivialization, denial, or justification of genocide and other crimes against humanity. The criterion for criminal liability is the public nature of the act. Furthermore, it is stipulated that services intended for the general public may not be denied to a person or group of persons on the basis of origin (“race,” language, nationality, ethnicity), religion or belief, gender (including non-binary), disability, age, or sexual orientation. Membership in discriminatory organizations is also prohibited.

In the reporting year, the public prosecutor’s office initiated 10 (5 in the previous year) new proceedings for discrimination. In 4 (4) cases, the charge was defamation. In 5 (0) cases, the charges also included incitement in some instances. In 2 (0) cases, the charges involved the dissemination or display of such content. In 2 (1) proceedings, a criminal complaint was filed; 1 (1) proceeding was resolved through diversion. In 7 (2) proceedings, the preliminary investigations were discontinued. As in the previous year, no final judgments were handed down regarding this criminal provision in 2025. This brings the total number of proceedings initiated by the Public Prosecutor’s Office against discrimination since the provision’s enactment to 52. During the same period, 12 final judgments were handed down, 4 of which were suspended prison sentences. In 2 of these cases, unsuspended fines were imposed.

Judgments under § 283 of the German Criminal Code (StGB), 2016–2025	12
Unconditional prison sentences	0
Suspended prison sentences	4
of which: with fines (non-probationary): 2
Suspended fines	4
Acquittal:	4
Other measures	30
Diversion	7
Preliminary investigations suspended / proceedings discontinued	22
Criminal complaint filed / ongoing proceedings	1

Source: Public Prosecutor’s Office. Statistics: VMR

The extremism report published by the Liechtenstein Institute on behalf of the government’s Commission on Protection against Violence noted an increase in 2024 in defamatory remarks, insults, and hate speech directed at certain groups, individuals, or minorities in Liechtenstein. It also observed a rapid spread of misinformation and anti-democratic and extremist content. No extremism report was published in 2025. Another report is expected for 2026.

General Equal Treatment Act

Since 2023, the European Commission against Racism and Intolerance (ECRI) has issued an urgent recommendation to Liechtenstein to enact a comprehensive equal treatment law (anti-discrimination law). The VMR has also been calling for this for several years.

Such a law would define what constitutes discrimination and in which areas of life (e.g., the workplace, vocational training, access to goods and services) discrimination is prohibited. Its aim is to translate the constitutional principle of equality into concrete, enforceable rights and to enable the equal participation of all people in social and economic life, regardless of personal characteristics such as gender, origin, age, religion, or sexual orientation. This applies above all to access to employment, housing, and services. It would also establish effective legal remedies and claims for damages for affected individuals.

All EU member states have an equal treatment law, and the Council of Europe also recommends that its member states enact such legislation. The experiences of these states show that initial fears of negative economic impacts were unfounded: there was no wave of lawsuits, claims involving abuse of the legal system are negligible, and an increase in bureaucratic costs could not be scientifically proven.

Even stakeholders who were initially skeptical of the law now support measures to promote diversity and equal treatment. Effective protection against discrimination strengthens the rule of law and trust in public authorities, and promotes social participation.

 

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