LGBT rights in Liechtenstein

LGBT rights in Liechtenstein

Location of  LGBT rights in Liechtenstein  (green)

in Europe  (dark grey)   [Legend]

Same-sex sexual activity legal? Since 1989, equal age of consent since 2001.
Gender identity/expression
Military service Not applicable
(country has no army)
Discrimination protections No
Family rights
Recognition of
relationships
Registered partnership since 2011
Adoption Any single person may adopt

Homosexuality is legal in Liechtenstein.

Law regarding same-sex sexual activity

Same-sex sexual activity was legalized in 1989 by the removal of § § 129 and 130 of the Criminal Code, though the age of consent was not equalized until 2001. The penal code was revised in December 2000 to remove all discrimination against same-sex sexual activity, taking effect in 2001.

Recognition of same-sex relationships

In 2001 the Freie Liste, one of the three political parties in the country, worked on a draft for a same-sex partnership law. The paper was accepted by the Liechtenstein Parliament and given to the government to give a statement about it. The Penal Code since 2002 includes same-sex domestic partners in the definition of 'next of kin'. The proposed registered partnership bill was rejected by the Parliament in summer 2003. A new proposal by the Freie Liste was adopted by the Liechtenstein parliament with a majority of 19 votes to 6 on 24 October 2007. The Minister of Justice Aurelia Frick presented the draft of the registered partnership bill in April 2010. On 23 November, the Government approved the final version of the bill.[1][2] On 16 December 2010 it was approved by the parliament in the first reading.[3] It was passed in the second reading on 16 March and it was published on 21 March 2011. The law was to take effect on 1 September unless a referendum takes place.[4][5] A group Vox Populi announced its intention to force referendum.[6][7] According to the constitution, the organization had 30 days to collect at least 1000 signatures.[8] A referendum was held on 17 and 19 June 2011 and 68.8 percent of voters approved the law, which went into effect on 1 September 2011.[9]

Adoption rights

On 1 January 2016, during his annual New Year's Day interview, Prince Hans-Adam II announced his opposition to allowing same-sex couples to adopt children.[10] He even added that if the European Court of Human Rights were to rule in favor of it then Liechtenstein would simply ignore that ruling.

Discrimination protections

No anti-discrimination laws currently exist, but discrimination on the grounds of sexual orientation is now covered by a department reorganisation that occurred on 22 February 2005.

An amendment to add sexual orientation to the country's Penal Code outlawing discrimination started its consultation phase on 27 January 2015.

Living conditions

A gay and lesbian organization, FLay, was founded in 1998, and organizes social activities for LGBT people in the triangular area between Liechtenstein, Vorarlberg (Austria) and the Swiss Rhine Valley.[11]

Summary table

Homosexuality legal (Since 1989)
Equal age of consent (Since 2001)
Anti-discrimination laws in employment (Proposed)
Anti-discrimination laws in provision of goods and services (Proposed)
Anti-discrimination laws in other areas (hate crimes & indirect discrimination etc.) (Proposed)
Same-sex marriage(s)
Recognition of same-sex couples (e.g. registered partnership) (Since 2011)
Adoption by single LGBT person
Step adoption by same-sex couples
Joint adoption by same-sex couples
Gays allowed to serve openly in the military Has no military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. Partnerschaftsgesetz verabschiedet
  2. Partnerschaftsgesetz verabschiedet
  3. (German) Homo-Partnerschaft kommt voran
  4. (German) Ja zur eingetragenen Partnerschaft
  5. (German) Landtag einhellig für Partnerschaftsgesetz
  6. (German) VOX POPULI
  7. (German) Partnerschaftsgesetz: Doch noch Widerstand
  8. Constitution of the Principality of Liechtenstein
  9. "68,8 % Ja-Stimmen für Partnerschaftsgesetz". Liechtensteiner Volksblatt (in German). 19 June 2011. Retrieved 19 June 2011.
  10. "Le prince s'en prend aux homoparents" (in French). 360°. 8 January 2016.
  11. http://www.flay.li
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