UNITED NATIONS Press release COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF LIECHTENSTEIN Committee on the Rights of the Child 13 January 2006 (Chamber B) The Committee on the Rights of the Child today considered the second periodic report of Liechtenstein on how that country is implementing the provisions of the Convention on the Rights of the Child. Introducing the report was Christian Wenaweser, Permanent Representative of Liechtenstein to the United Nations Office at Geneva, who said that since the inception of its membership to the United Nations in 1990, human rights had been considered as a priority in Liechtenstein which had ratified a number of international instruments, including the Convention on the Rights of the Child. The Government of Liechtenstein placed particular emphasis on the reform of the treaty bodies and had organized a meeting in that regard. In preliminary remarks, Committee Expert Awich Pollar, the Committee Expert who served as country Rapporteur for the report of Liechtenstein, thanked the delegation for its very able responses to the questions posed by the Committee. The Committee had come to the conclusion that there were only positive aspects reflected in Liechtenstein in terms of its efforts to implement the provisions of the Convention. Other Committee Experts contributed to the debate by raising questions pertaining to, among other things, religious education; national identity; corporal punishment; the Office of the Ombudsperson and monitoring mechanisms; the proposed Youth Act; criminal proceedings; school violence; and drug and tobacco use. The Committee will release its formal, written concluding observations and recommendations on the report of Liechtenstein towards the end of its three-week session which will conclude on 27 January. The delegation of Liechtenstein was made up of representatives of the Office of Education, the Immigration and Passport Office, the Office of the Public Prosecutor, the Court of Justice, the Office of Social Affairs, the Office of Foreign Affairs and the Permanent Mission of Liechtenstein to the United Nations Office at Geneva. As one of the 192 States parties to the Convention, Liechtenstein is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of that treaty. The delegation was on hand during the day to present the report and answer questions raised by Committee Experts. When Chamber B of the Committee reconvenes at 10 a.m. on Monday, 16 January, it will take up the second periodic report of Trinidad and Tobago (CRC/C/83/Add.12) Report of Liechtenstein The second periodic report of Liechtenstein (CRC/ C/136/Add.2) focuses on the practical implementation of the normative requirements and provides information on concrete activities and programmes to implement the rights of the child. Over the past few years, Liechtenstein has continued to consistently pursue the long-term goals of its child and youth policy, which orients itself, among other things, on the Convention. In a number of areas, the protection of children and young people has been improved at the legislative level or through appropriate practical measures. Targeted improvements have also been undertaken in the area of family support services. In addition to improvements and positive developments, new problems have also come to light, the report indicates. These problems include violence, racism, and right-wing extremism. The sexual abuse of children has also entered the public consciousness in Liechtenstein. 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. 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). As of the entry into force in February 2000 of the Law on Persons and Companies, all persons in Liechtenstein are considered adult upon reaching their 18th birthday. The Minors' Protection Act governs night-time curfews for young people up to the age of 18 as well as the consumption of alcoholic beverages and tobacco. As of 31 December 2002, 7,398 children and young people were registered in Liechtenstein, which corresponded to 22 per cent of the population. In dealing with juvenile delinquents, further new measures are planned which prevent a criminalization of the perpetrator and instead aim to achieve resocialization. Concerning education, since 2001, the quality of schools and instruction in Liechtenstein has been evaluated periodically by means of a set of guidelines. In view of the increasing number of difficult children and young people in Liechtenstein schools, social work in schools was introduced in 2003 and those responsible for the educational system have expedited school development in recent years, taking into account the changed social conditions. Presentation of Report CHRISTIAN WENAWESER, Permanent Representative of Liechtenstein to the United Nations, said since the inception of its membership to the United Nations in 1990, human rights had been considered as a priority in Liechtenstein which had ratified a number of international instruments, including the Convention on the Rights of the Child. The Government of Liechtenstein placed particular emphasis on the reform of the treaty bodies and had organized a meeting in that regard. *Questions Raised by Committee Experts* AWICH POLLAR, the Committee Expert who served as country Rapporteur for the report of Liechtenstein, noted that the country, although small in size and population, had a large percentage of children, including foreign children. It was further noted that the basic rights and fundamental freedoms were enshrined in the Constitution of the country. This presented a positive image and hope for children in Liechtenstein. The Rapporteur asked what safeguards and remedies were available in cases where there was a violation to the rights of the child and whether any related offences were criminalized under the law. Information was also sought on the review of anti-racism provisions and foreign development assistance allocated. Another Expert asked for information about religious education in schools and whether there were alternative education opportunities for children who were not Christian. She also asked for the status of the State's review of corporal punishment, given that as of present it was not prohibited. While drawing attention to the Paris Principles, an Expert asked what type of complaint mechanisms were in place or were envisaged for children as well as for monitoring their rights. He also asked what the status of the children's ombudsman legislation was. Another Expert asked for additional information on cooperation with and the participation of civil society, in particular non-governmental organizations, in drafting of reports and decision-making matters. He also sought information on the extent to which children's views were taken into account, especially in civil court proceedings. The Expert asked for alternatives for children who could not provide testimonies in person in court. While noting that Liechtenstein promoted full integration of foreigners, an Expert asked what measures had been taken to combat racist views against foreign children as well as to allow them to preserve their own national identity and culture. Another Expert asked the reason for the delay of the Government of Liechtenstein in withdrawing its reservations pertaining to family reunification and the right to a national identity. He also asked for information on the status of ratification of ILO conventions related to child labour. An Expert asked the delegation what steps were being taken to provide citizenship for young foreigners, given the cases of discrimination against them. Other Committee Experts asked for additional information on domestic violence; children in difficult situations; violence in schools; the Youth Parliament in Liechtenstein; children with disabilities; national legislation related to the Convention; the freedom of association and religion for young persons; and the age limit for medical counselling. In a second round of questions, Experts asked questions related to State-provided assistance to families; maternity and child allowance; child custody issues; foster care facilities; adoption procedures; health services and protection for migrant children and for adolescents; teenage pregnancy programmes and reproductive health policies; psychotherapy services at primary levels of care; breastfeeding policies; and programmes on HIV/AIDS. An Expert asked for information on violent crimes and juvenile delinquency given reports that these cases were on the rise in Liechtenstein. He also asked what protection policies were in place to combat drug abuse and/or use. Another Expert pointed out that since August 2000 Liechtenstein had introduced the concept of decriminalization of children in conflict with the law who were cared for by social institutions using pedagogical tools. He asked what the effects of this approach were. Response by Delegation of Liechtenstein Concerning remedies available in cases of a violation of child rights, the delegation said if the welfare of a child was in danger, all citizens of Liechtenstein had an obligation to report these cases to the Office of Social Affairs; as per the new Youth Act, these reports were submitted on a confidential basis. As of yet, there was no Ombudsperson, although as per the new Youth Act the Office of the Ombudsman would be set up in 2006. Concerning education, the delegation noted that all measures in place on education were in line with the provisions of the Convention. As regards the religious education in school, in the past few years there were a number of changes made, the delegation noted. The Constitution of Liechtenstein guaranteed freedom of religion in schools and students had the option of choosing between religious denominational training or general religious and culture training. It was also noted that at present a clearer separation of Church and State was under discussion. A member of the delegation clarified that under the laws of Liechtenstein corporal punishment against children was forbidden in all circumstances, including at school and home. In response to a follow up question, the delegation noted that there was a provision in the penal code which stressed this point. The State provided a number of services to assist families with child rearing and to avoid any such practices. As per the proposed Office of Ombudsperson laid out in the draft Youth Act to be adopted this year, it was noted that this office would serve to mediate in cases of differences of opinion between children and guardians and between children and the authorities. Among other things, the Office would perform public outreach. The Ombudsperson would be completely independent. Concerning the participation of non-governmental organizations, the delegation said several non-governmental organizations in Liechtenstein submitted substantive information which was used in the drafting of the report under review. However, at present, there were no non-governmental organizations in the country which dealt specifically with children's matters. It was hoped that with the adoption of the Youth Act children-specific non-governmental organizations would come about. With regard to criminal proceedings, the delegation noted that there was no age limit for questioning children in any civil court cases as provided for in the State's Civil Code. In such cases minors provided their testimonies without the presence of the perpetrators. If the child refused to be present in court, these testimonies were videotaped. In response to a question on the Youth Parliament, the delegation noted that this forum, held in 2002, was unsuccessful. The Government was now attempting to set up another plenary form of representation for youth. Responding to another question, the delegation said violence in schools did not play an important role in Liechtenstein at the moment. There were no known cases of violence against teachers. Moreover, schools in Liechtenstein had taken intensive efforts to integrate young immigrants into the education system so as to prevent any cases of racism or xenophobia. In response to a follow up question on available facilities for children with behavioral problems, the delegation said students with special needs were either integrated into regular classes, or were sent to a separate institution with the consent of their parent or guardian. In certain cases of children with disabilities, such as blind children, the students were sent to Switzerland or Austria. There were no institutions in Liechtenstein for children with psychological problems, however, there were services which offered support in this regard. There were a number of centres across the border in Switzerland and Austria where children with special needs could go for day schooling and training. Concerning associations for young persons which served to uphold national identities, it was noted that there were people from more than 160 nations living in Liechtenstein and many of the bigger groups had their own associations. The State supported associations which strived to teach their language and culture within the school system. An ordinance was in place which allowed for this. On reservations, the delegation noted that the Government of Liechtenstein had already withdrawn its reservation on article 10 of the Convention dealing with family reunification. In response to the question on the reservation on statelessness, the delegation said that there were no stateless children in Liechtenstein. With regard to ILO conventions, Liechtenstein was not a member of the ILO and was therefore not in a position to ratify any of its conventions. Concerning questions raised on language, the delegation said the majority of foreign children attending schools in Liechtenstein spoke the German national language. Regardless of where they originated from, all students were well trained in German. In that connection, it was noted that the Government had made provisions for an Imam to teach Muslim children in German in schools. In response to a question raised on extremism, a member of the delegation mentioned the creation by the Government of a working group two years ago to address issues facing Muslims as a way of dissolving any negative attitudes expressed towards them. As regards to education costs, the delegation noted that education during compulsory schooling was free of charge; however textbooks were paid in part by parents and subsidized by the Government. As to the number of children with disabilities in Liechtenstein, the delegation said at present there was no firm definition of disability and therefore it was difficult to provide an exact figure on this; the Disability Act was currently in the process of being adopted after which there would be a clearer indication of this figure. The delegation added that there were about 115 children being treated in therapeutic centres in Liechtenstein for disabilities. The age at which a child in Liechtenstein could freely chose their religious affiliation was 15 years of age, the delegation noted. With regard to the role of the Convention of the Rights of the Child in national courts, the delegation stated that the Convention was indeed applied before the courts and was self-executing. Concerning public awareness activities, the delegation said the Office of Social Affairs had been taking several steps to disseminate information on children's rights in general and the Convention in particular. Each year on Children's Day the Office undertook a public awareness campaign in that regard. In the area of maternity allowance, the delegation said there was a one-time payment given by the State to a family once a woman gave birth in the country, as long as she had resided in Liechtenstein for at least five years or the father of the child had resided in the country for five years. This payment was calculated on the basis of the income of the family income. As to drug and tobacco use by minors, the delegation said it was ultimately the responsibility of the parents to prevent this, although school teachers were also involved in efforts to curb this practice. There was a broad campaign which began in 1998 to prevent shops from selling alcohol and tobacco to minors. In response to the question on decriminalization of acts committed by children in conflict with the law, the delegation said there was a social worker in the Office of Social Affairs who was designated to assist youth in conflict with the law and who worked closely with the courts. The aim of this measure was to prevent juvenile criminal acts without having to carry out criminal proceedings or criminal sentencing while focusing on reducing barriers and expanding assistance to young persons. In response to a question on the detention of minors, the delegation noted that in any such case minors were separated from adults in detention. According to the Police Act, a minor could only be detained in exceptional cases. In the past five years there had been no cases of pre-trial detentions of minors. Preliminary Remarks AWICH POLLAR, the Committee Expert who served as country Rapporteur for the report Liechtenstein, thanked the delegation for its very able responses to the questions posed by the Committee. The Committee had come to the conclusion that there were only positive aspects reflected in Liechtenstein in terms of its efforts to implement the provisions of the Convention. * *** * This press release is not an official record and is provided for public information only.
[Reply to this message] [Start a new topic] [Date Index] [Thread Index] [Author Index] [Subject Index] [List Home Page] [HREA Home Page]