Children and young people

Children's rights are enshrined above all in the UN Convention on the Rights of the Child. It was adopted in 1990 and Liechtenstein ratified it in 1995. Its provisions were largely enshrined in the Children and Youth Act (KJG) of 2009. This underlines their importance for Liechtenstein. The UN Convention on the Rights of the Child primarily strengthens the participation rights of children and young people. With 193 states parties, it is the most successful international human rights convention of all.

Numerous governmental and non-governmental organizations are committed to the implementation of these rights, including the Children and Youth Service in the Office of Social Services, the Education Office, the OSKJ under the umbrella of the VMR and the networking group of the Liechtenstein Children's Lobby.

The VMR recommends: Liechtenstein should...

... implement the urgent recommendations of the Committee on the Rights of the Child in a coordinated manner, in particular the creation of strategies for the prevention of violence and the inclusion of children with disabilities.

Both the Children and Youth Act and the UN Convention on the Rights of the Child demand the highest attainable standard of health for children and young people. This includes appropriate measures relating to both physical and mental health.

In this way, health can be promoted and maintained as early as possible and in a sustainable manner. This also includes state prevention and support measures for mental health. Children and young people should grow up healthy and unencumbered and be able to develop. This is why the OSKJ advocates a psychiatric concept that is suitable for children and young people.

The VMR recommends: Liechtenstein should...

... develop prevention programs to strengthen the mental health of children and adolescents, with a focus on disadvantaged children and adolescents.

Sexual violence is a particularly serious form of violence against children and young people. Stricter penal provisions have been in force in Liechtenstein since March 2023: The minimum penalty for abuse has been increased, possession and distribution of child pornography material is punished more severely, and there is no conditional remission for serious abuse. Prevention, education and institutional protection measures such as training and clear reporting structures remain key. Civil society organizations and the UN Committee on the Rights of the Child are calling for a national strategy with educational programmes and a database on cases of violence.

Bullying also places a heavy burden on children and young people. It can occur at school, in sports clubs or online, for example through insults, exclusion or ridicule. Cyberbullying spreads particularly quickly and perpetrators can remain anonymous. Those affected should confide in people they trust and report any bullying they observe. Support is available from advice centers or the Ombudsman's Office for Children and Young People (OSKJ).

Children have the right to be heard in decisions that affect them - in the family, school, community and justice system. This applies, for example, in divorce, custody, guardianship or adoption proceedings as well as in criminal proceedings. The UN Committee on the Rights of the Child calls on Liechtenstein to strengthen the participation rights of children.

A child-friendly justice system takes into account the rights, needs and welfare of children. It ensures that children are informed, accompanied and protected from additional burdens in an age-appropriate manner. This includes understandable language, protection of privacy, specialized professionals, child-friendly hearing rooms and training for courts, lawyers and social services.

When young people are detained, it is often the last measure that the authorities have to take due to a lack of milder alternatives. The rights of juveniles must also be particularly protected in detention. The Council of Europe has drawn up rules on this, which Liechtenstein must also adhere to. These rules emphasize that detention should only be a last resort and must be as short as possible. For their protection, juveniles should be housed separately from detained adults. The authorities must protect the health of young people in custody, including their mental health, to the best of their ability. A good daily structure in detention also serves this purpose. Education, leisure activities and visits from family and legal counsel must be possible in detention. Violence or discriminatory treatment are strictly prohibited.

In Liechtenstein, juvenile detention is regulated by the Juvenile Courts Act and the Criminal Code. The minimum age for detention is 14 years. There is no juvenile prison in Liechtenstein. Juveniles are first taken to the national prison for pre-trial detention. A place in a juvenile prison in Switzerland or Austria is then sought. Special measures are taken for juveniles in the national prison. However, the measures are not standardized or set out in writing, nor are they specifically reviewed. The VMR is calling for better regulations here. The Aliens Act also provides for detention under immigration law for juveniles aged 15 and over. However, this is not enforced in practice as it contradicts the UN Convention on the Rights of the Child.

The VMR recommends: Liechtenstein should...

... quickly complete work on a concept for the implementation of a domestic juvenile detention system and abolish detention under immigration law for persons under the age of 18.

Divorce, custody, maintenance and visiting rights disputes can place a heavy burden on children and endanger their welfare. Even since the introduction of joint custody as a rule in 2015, arrangements for highly contentious separations often do not work.

Conflicts can intensify and court decisions do not always take sufficient account of the children's safety needs. The UN Committee on the Rights of the Child and international experts emphasize that such situations have a traumatizing effect. They are recognized as a form of violence against children.

It is important to quickly find good solutions that focus on the best interests of the child. To this end, authorities and organizations must work closely together to defuse disputes at an early stage and facilitate a fair settlement.

The VMR recommends: Liechtenstein should...

... implement the recommendations of the 2023 working group on the revision of child custody law. In particular, the introduction of mandatory and ordered parental counseling and greater consideration of the best interests and will of the child in proceedings relating to divorce, custody and visitation rights.

All children have a right to education and equal opportunities - including access to vocational training. Young people with disabilities are particularly dependent on suitable training paths being open to them. In Liechtenstein, however, there are major gaps in the two-year BA apprenticeships on offer, which are practical and also suitable for young people with special needs.

In order to create real equality of opportunity, more BA apprenticeships are needed. The state, municipalities and public companies could set a good example here and create new apprenticeships together with the private sector.

The VMR recommends: Liechtenstein should...

... take targeted measures to increase the number of BA apprenticeships. The national administration, municipalities and state-affiliated companies should lead the way.

The digitalization of society does not stop at children and young people. This goes hand in hand with data protection and various other issues, but in particular the protection of minors. According to Articles 16 and 17 of the Convention on the Rights of the Child, children and young people have the right to privacy and to protection from information and materials that are detrimental to their well-being. This also applies to digital devices and means of communication.

More and more digital devices are being given to and used by pupils at schools in particular, be it tablets, laptops or shared chats on cell phones. In principle, there is nothing wrong with the use of digital devices in schools to promote media skills, etc., as long as the use is age-appropriate, educational and beneficial. However, it must be ensured that age restrictions and data protection regulations are adhered to - and that protection against harmful, age-inappropriate content is maintained.

The VMR recommends: Liechtenstein should...

... take immediate measures to ensure the protection of children and minors in the unaccompanied use of digital school devices.