Rehabilitation of homosexual persons

In Liechtenstein, homosexual acts were partially prosecuted until 2001. The corresponding criminal provisions - initially § 129 of the Criminal Code of 1859 ("Fornication against nature") and later §§ 208, 209, 220 and 221 of the Criminal Code as amended in 1989 - meant that same-sex lovers were subject to state repression. This criminal prosecution not only represented a serious intrusion into the privacy of those affected, but also violated fundamental human rights principles such as the right to respect for private and family life and the right to a fair trial in accordance with Art. 8 and Art. 6 of the European Convention on Human Rights, as well as the right to equal treatment in accordance with Art. 31 of the Constitution.

Despite the subsequent decriminalization of homosexual acts, Liechtenstein still lacks a legal basis for the rehabilitation and compensation of people who were persecuted, charged or convicted by the police because of their sexual orientation. As a result, the human rights violations of the past remain largely unaddressed in legal and social terms. There has also been no symbolic recognition of the injustice inflicted in the form of an official apology.

Against this backdrop, the VMR approached the responsible ministry in the reporting year with the recommendation that the historical cases be dealt with through a systematic review of relevant court files and the drafting of a rehabilitation law based on the Austrian model. This would ensure justice for the victims and their families and distance themselves from past discrimination. The government stated that it currently had no evidence of possible cases in Liechtenstein and was therefore not initiating any rehabilitation measures.

 

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