Abortion in Liechtenstein

Law

Last modified in 2015, Liechtenstein law allows any woman to obtain a physician-performed abortion. However, physicians in the country can only perform abortions under very limited circumstances (see below). Therefore, to stay within the law most women must travel abroad for the procedure. Of note, the age of consent in Liechtenstein is 14.

The Criminal Code (Strafgesetzbuch) of Liechtenstein (in section 96) states that:

1. Any person who, with the consent of the pregnant woman, terminates the pregnancy of the woman shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates [of a fine]; if such person commits the act on a commercial basis, such person shall be punished with imprisonment of up to three years.}}

2. If the immediate perpetrator is not a physician, then such perpetrator shall be punished with imprisonment of up to three years; if he commits the act on a commercial basis or if the act results in the death of the pregnant woman, he shall be punished with imprisonment of six months to five years.}}

3. A woman who terminates her pregnancy herself or allows another person, who is not a physician, to terminate her pregnancy shall be punished with imprisonment of up to one year or with a monetary penalty of up to 720 daily rates.}}

The above acts shall not be punishable if the termination of pregnancy is:

• necessary to avert serious danger to the life or serious damage to the health of the pregnant woman that cannot be averted otherwise (and additionally the pregnancy is terminated by a physician);
• the pregnancy is the result of a sexual offence or the pregnant woman was under-age at the time of conception (and additionally the pregnancy is terminated by a physician); or
• undertaken to save the pregnant woman from an immediate danger to life that cannot be averted otherwise, under circumstances not permitting medical assistance to be obtained in time.

Sections 97 and 98 of the Strafgesetzbuch, respectively, prohibit termination of pregnancy without the consent of the pregnant woman and grossly negligent intervention in respect of a pregnant woman, including the promotion of abortion. Liechtenstein has a high quality health service.

Proposals

In a double referendum on abortion in November 2005, 81% of voters rejected a For Life proposal to prohibit all abortion – "The supreme task of the state is the protection of human life from conception to natural death and to promote the overall welfare of the People" – while 80% approved the counter-proposal from the Landtag (Parliament) to be included in the Constitution of Liechtenstein:

• The dignity of man is to be respected and protected.
• No one shall be subjected to inhuman or degrading treatment or punishment.
• Everyone has the right to life.
• The death penalty is prohibited.

A proposal to legalize abortion, in the first 12 weeks of pregnancy or when the unborn child was disabled, was defeated in a further referendum held in September 2011. The opponents, which included Prince Alois, got 500 votes more and eventually settled at 52.3 percent compared with 47.7 percent. Prince Alois had previously threatened to veto the proposal if it passed.

In April and November 2012, the Landtag considered but did not advance proposals to relax abortion laws.

Until an amendment of the Criminal Code in 2015, the exception for rape was limited to cases where the victim of the rape was aged under 14 years old.

Statistics

Women in Liechtenstein who choose to have an abortion must cross the border, to either neighboring Switzerland or Austria, to have the procedure carried out legally or to obtain advice in relation to abortion. In 2011, it was estimated that approximately 50 women a year had abortions, either illegally in Liechtenstein or abroad in either Switzerland or Austria.

References

References

1. "Freedom in the World 2024: Liechtenstein".
2. "Age of Consent in Liechtenstein".
3. "Criminal Code of 24 June 1987 (as of 1 January 2021)".
4. (20 June 2010). "Liechtenstein, 27. November 2005 : "Für das Leben" mit Gegenvorschlag".
5. (2010). "Elections in Europe: A data handbook". Nomos.
6. (28 November 2005). "Defying Church, Voters Endorse Abortion Law". Los Angeles Times.
7. Rosenbaum, Harry. (28 November 2005). "Voters defeat restrictive initiative".
8. (28 September 2011). "Liechtenstein, 18. September 2011 : Fristenlösung beim Schwangerschaftsabbruch".
9. Zeldin, Wendy. (27 September 2011). "Liechtenstein: No to Legalized Abortion". Global Legal Monitor.
10. (18 September 2011). "Liechtenstein rejects plan to legalize abortion".
11. (26 April 2012). "Schwangerschaftsabbruch: Status quo unverändert". Vaterland.
12. (6 November 2012). "Schwangerschaftsabbruch ist noch nicht vom Tisch". Vaterland.
13. de
14. Meo, Nick. (30 June 2012). "Prince of Liechtenstein threatens to leave after vote on his powers".
15. Zeldin, Wendy. (31 January 2012). "No to Legalized Abortion for women in Liechtenstein".
16. (19 September 2011). "Liechtenstein votes not to legalise abortion".