Civil liberties

There is a remand prison in Liechtenstein. Certain forms of administrative detention (e.g. deportation detention) are also carried out there. The conditions of detention and the implementation of other forms of deprivation of liberty in Liechtenstein are regularly reviewed by the government's Prison Commission. The Commission also acts as the National Preventive Mechanism (NPM) under the Council of Europe Convention against Torture. In this function, it also visits other institutions in which people are held, such as care homes, in addition to the national prison. The reports of the Prison Commission and the NPM can be found in the government's accountability reports. Internationally, prison conditions are reviewed by the Committee under the UN Convention against Torture (CAT) and the Committee under the Council of Europe Convention for the Prevention of Torture (CPT).

The Ombudsman calls for the right of children to have contact with imprisoned parents - even in pre-trial detention - to be adapted to the human rights requirements of the Council of Europe and the UN Convention on the Rights of the Child.

Custodial placement (formerly compulsory hospitalization) is a very sensitive encroachment on the fundamental right to personal freedom. The number of involuntary placements in Liechtenstein has quadrupled in the last 20 years. The VMR has documented involuntary hospitalizations since 2018. 95 percent of all involuntary hospitalizations were carried out by the doctors on duty in cases of imminent danger and were reviewed by the courts. Only four percent of the admissions recorded during this period were classified as inadmissible by the court and revoked. Almost 90 percent of all involuntary placements during this period were related to mental illness.

Since the revision of the Social Welfare Act in 2020/21, the law has regulated the compulsory placement and measures to restrict the movement of people in care homes. In the opinion of the VMR, the new legal regulation of residential care is comprehensive and proportionate and is in line with the UN Convention on the Rights of Persons with Disabilities.

In order to limit the increase in involuntary placements to the necessary minimum, the VMR advocates the establishment of a psychological emergency service. A state treaty is still lacking for referrals to Swiss facilities. Negotiations for this have already begun in 2019. The VMR has long been pushing for a swift conclusion in this area.

The prohibition of torture and inhumane treatment is an inalienable human right, i.e. it may not be restricted under any circumstances (not even in the event of war). The prohibition of torture is enshrined in the UN Convention against Torture and the Council of Europe Convention against Torture. Liechtenstein has been a state party to both conventions since 1990 and 1991 respectively.

It was only in 2019 that the offense of torture was explicitly and comprehensively regulated in Liechtenstein criminal law (Section 312a of the Criminal Code, SCC). The penalty ranges from five years to life imprisonment. However, the recommendation of the UN Committee against Torture that torture must never go unpunished has not been implemented. According to the new provision in criminal law, acts of torture may be time-barred. There is no statute of limitations only in cases where torture leads to the death of the victim. However, a statute of limitations for an inalienable human right such as the prohibition of torture is not acceptable to the Advisory Council on Human Rights.

According to the UN, human trafficking is the fastest growing form of organized crime, with over 4 million victims worldwide. The number of unreported cases is high. Victims are abducted, sold and exploited - often in industries such as catering, cosmetics or sex work. They often have no papers, their stay is illegal and they fear the authorities. Their identity is often misused. It can take decades for those affected to regain their identity, status and autonomy.

Human trafficking and forced labor are punishable in Liechtenstein. Since 2023, there has been a national reporting office for human trafficking at the national police force, which affected or observing persons can contact. Other points of contact are the LANV trade union or the victim support center. The UN Palermo Protocol also grants victims of human trafficking protection, compensation and at least a temporary right to stay in Liechtenstein. The Ordinance on the Admission of Foreign Nationals (ZAV) and the Ordinance on the Free Movement of Persons (PFZV) contain exceptions to entry bans for victims of human trafficking.

Tracking and preventing financial flows in connection with human trafficking is a key measure in the global fight against human trafficking. This is the goal of the international FAST initiative launched by Liechtenstein.

Human rights protect against discrimination of any kind. Discrimination contradicts the fundamental values of an inclusive society, threatens social cohesion, violates human rights and is a form of public violence. Public discrimination is a criminal offense in Liechtenstein: §Section 283 of the Criminal Code stipulates that no one may be publicly disparaged or defamed on the basis of skin color, language, nationality, ethnicity, religion or ideology, gender, disability, age or sexual orientation. Such content or images may also not be disseminated. Anyone affected by discrimination can file a complaint; anyone who discriminates is liable to prosecution and faces a prison sentence of up to two years.

Criminal law can only prosecute public discrimination. However, people can also be discriminated against in the family, in access to housing, education or in the workplace. In addition to individual discrimination, there is also structural discrimination, which is caused by (unwritten) rules or practices. Liechtenstein lacks an overarching law in this area. Liechtenstein only has two specific discrimination laws that regulate equality for people with disabilities and equality between women and men in certain areas. Comprehensive legislation and a definition of discrimination as well as a regulation of the burden of proof for discrimination complaints are urgently needed. The Council of Europe's Commission against Racism and Intolerance (ECRI) has been calling for this for years.

One form of discrimination is hate speech. Hate speech means speaking in an insulting, defamatory and crude manner about certain groups of people, making disparaging remarks or aggressive and intolerant statements about members of minorities or inciting violence against these people. Hate speech is not protected by freedom of expression - certain forms of hate speech are prohibited under criminal law in Liechtenstein (§283 StGB). According to the Council of Europe's Commission against Racism and Intolerance (ECRI), hate speech poses a major threat to the cohesion of a democratic society, the protection of human rights and the rule of law. Hate speech can fuel extremism and incite racist violence. 

In its 2023 report, ECRI recommends that Liechtenstein prosecute the monitoring of hate speech on the internet ex officio. After all, according to a ruling by the European Court of Human Rights (Delfi v. Estonia case from 2015), online forums have a duty to delete hate comments. However, enforcing this ruling is extremely difficult to monitor. Since 2019, the VMR has been monitoring the readers' letter forums of the Liechtensteiner Vaterland (national daily newspaper) and promoting respectful and diverse expression of opinion via the "Respect please!" campaign.

Video clip event 2023 "stop hate speech"

Freedom of religion is enshrined in Art. 37 of the constitution. At the same time, the Roman Catholic Church is given preferential treatment in the constitution as a national church. It is financed by the state and the municipalities. Other religious communities are defined as private associations. They can apply for state funding under certain conditions. Elementary school offer Catholic, Protestant, Islamic and cultural-historical comparative religious education. In secondary schools, Catholic religious education continues to be offered alongside comparative cultural and historical religious education, which is financed by the state and defined by the archdiocese in terms of content.

The UN Committee on the International Covenant on Civil and Political Rights therefore expressed concerns regarding religious freedom in its review of Liechtenstein's state report in July 2017. It called on Liechtenstein to ensure that all religious and faith communities are granted the same rights and equal funding by law. In its 2023 report, the European Commission against Intolerance and Racism (ECRI) recommended that Liechtenstein create a Muslim burial ground.

For years, the VMR has been calling for the creation of a legal basis ("Religious Communities Act") for the equal treatment of all recognized religious communities.

The right to freedom of expression protects the freedom to express one's own opinions, to disseminate information and to receive it without interference from the state. This right is enshrined in the UN Covenant II, the European Convention on Human Rights (ECHR) and the Swiss constitution. It also includes the right to receive information from various sources. Balanced media diversity is therefore crucial for the democratic formation of opinion, the protection of individual freedom and the rule of law.

If individual players dominate the media landscape, there are few different sources of information. This can limit the diversity of opinions. The independence of reporting can also be jeopardized. For example, the increasingly concentrated media landscape in Liechtenstein is problematic for the diversity of opinions.

However, the exercise of freedom of expression and information is also associated with duties and responsibilities. Where it infringes the freedom and rights of other people, it can be restricted by national legislation.

Bullying refers to the systematic, repeated harassment, exclusion or humiliation of a person by one or more people, e.g. at work, at school or in a social environment. It includes verbal attacks, social isolation, rumors and physical aggression. The aim is to exert power or to weaken the victim psychologically.

Cyberbullying is a special form of bullying that takes place digitally. Perpetrators use social media, messaging services, emails or chat forums to spread insulting messages, images or videos, spread rumors or threaten victims. The anonymity of the internet increases the lack of restraint.

Bullying is a form of violence and a criminal offense in Liechtenstein. A comprehensive revision of the Criminal Code in 2019 created the criminal offense of bullying. Anyone affected by bullying can report it to the police. Victims receive support from the Victim Support Office, the Liechtenstein Employees' Association, Liechtenstein School Social Work and other advice centers. Specific, supra-regional advice can be found on the "Respect" platform of the Canton of St. Gallen and at the specialist office for bullying and harassment in Zurich.

All persons of legal age who are Liechtenstein citizens and resident in Liechtenstein have the right to vote and stand for election. They can therefore vote and be elected to office. Liechtenstein citizens residing abroad do not have the right to vote in Liechtenstein. Foreign nationals resident in Liechtenstein are also not allowed to vote or stand for election, not even at municipal level. This is criticized, for example, by the Council of Europe's Commission against Racism and Intolerance (ECRI) in its 8th recommendations from 2018.

Article 29 of the UN Convention on the Rights of Persons with Disabilities stipulates that people with disabilities have equal rights to participate in political and public life. In Liechtenstein, people are excluded from the right to vote if they lack capacity. A person's capacity for judgment has been periodically reviewed since 2024. However, the non-discriminatory development of the will of the electorate, as set out in Article 25 of the International Covenant on Civil and Political Rights, goes even further: sufficient and free aids or assistance services must be available to make elections and voting documents accessible. This is not the case in Liechtenstein. In addition, restrictions on the right to vote and elect must be legally justified, objective and appropriate.

In Liechtenstein, the Citizenship Act regulates the acquisition, loss and return of citizenship. Citizenship is acquired by descent, birth in the country or naturalization. Anyone wishing to naturalize in Liechtenstein must renounce their previous citizenship. Previous efforts to introduce dual citizenship have been unsuccessful.

In its 2012 recommendations, the UN Committee under the Convention against Racism (ICERD) criticized the long naturalization period and the lack of a right of appeal in naturalization votes held by municipalities ("ballot box votes"). It calls for an amendment to the law on facilitated naturalization and the introduction of a right of appeal and a legal review of naturalization votes.

In 2009, Liechtenstein ratified the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. There is no written procedure for recognizing a stateless person in national legislation. The Homeland Documents Act and the associated ordinance only provide for the issuing of a travel document for stateless and undocumented persons.

Data protection is important to protect people's privacy. In the digital age, a lot of personal data such as health or financial information is collected and often processed without consent.

The General Data Protection Regulation (GDPR) has been applicable in Liechtenstein since 2018. The regulation helps to protect personal data. It gives people the right to view, correct or have their data deleted. Companies must obtain the consent of individuals before collecting data and ensure that the data is secure. They may only store the most necessary data and must disclose what happens to the data. Companies that violate these rules face severe penalties.

Since 2019, an independent data protection office (DSS) has been established in Liechtenstein to monitor data protection and as an advisory and complaints office for companies and private individuals.

The development and use of artificial intelligence (AI) harbors both human rights challenges and opportunities. On the one hand, AI can jeopardize the protection of human rights, for example through discrimination, data protection violations or the restriction of freedom of expression. Automated systems could make decisions that put people at a disadvantage or violate their privacy. On the other hand, AI also offers opportunities to promote human rights, for example through improved access to information, healthcare or education.

The EU law on artificial intelligence is intended to ensure that AI is used safely and ethically in order to protect people's rights. The Council of Europe's Framework Convention on Artificial Intelligence also lays down rules to ensure that AI is used in accordance with democracy and human rights. Both initiatives aim to use AI in a way that benefits people while protecting their rights.