Liechtenstein’s Hereditary Prince Alois has blocked legislation to decriminalise abortion during the first 12 weeks of pregnancy.
The decision, announced on October 20, came after the 25-member Landtag, Liechtenstein’s national parliament, approved the reform by 13 votes to 12 on September 2. The bill would have decriminalised abortion during the first trimester, eased restrictions on information about abortion services and allowed health insurance to cover the procedure.
The Princely House said Alois remained convinced that the proposed changes would not adequately protect unborn life as a fundamental legal interest. The veto prevents the legislation from entering into force, despite its approval by elected representatives.
Under Liechtenstein’s constitution, legislation requires the sanction of the reigning prince to enter into force, giving the monarchy a formal role in the legislative process. Alois has exercised the functions of head of state since 2004, when his father, Prince Hans-Adam II, delegated these responsibilities to him.
Unlike monarchs in many other European countries, Liechtenstein’s prince retains significant constitutional powers, including the ability to withhold approval from legislation passed by parliament. The Council of Europe’s Venice Commission criticised the scope of those powers when they were confirmed by constitutional revision in 2003.
His refusal to approve the bill therefore prevents it from becoming law, despite the parliamentary majority in its favour. The campaign’s organisers said it was the first time during his period as head of state that a bill passed by the Landtag had not been sanctioned.
Liechtenstein remains one of Europe’s most restrictive countries on abortion. Under Section 96 of its Criminal Code, abortion is generally a criminal offence, subject to limited exceptions, including certain circumstances involving serious risks to a woman’s life or health and pregnancies resulting from sexual violence.
Legal changes that took effect in July 2015 reduced some of the restrictions. Women are not prosecuted when an abortion is performed by a doctor, even where the procedure itself falls outside the permitted exceptions.
The reforms also removed the possibility of prosecuting women solely for obtaining abortions abroad. As a result, women can travel to neighbouring Austria or Switzerland to access the procedure without facing prosecution in Liechtenstein for the abortion performed abroad.
The country has not, though, established a general legal right to abortion, and restrictions on advertising abortion services remain.
Previous attempts to liberalise the legislation have faced resistance. In 2011, an initiative to introduce a first-trimester system was rejected in a referendum on September 18, with 52.3 per cent voting against it.
Alois said publicly before that vote that he would refuse to sanction the change even if voters approved it. A citizens’ initiative to curb the prince’s power to block legislation followed in 2012 and was rejected by 76.4 per cent of voters, on a turnout of 82.9 per cent.
The latest campaign, known as Fristenlösung für Liechtenstein (“Time-Limit Solution for Liechtenstein”), collected 4,970 signatures, almost a quarter of the electorate in a principality of about 40,000 people. It was lodged in February and drew the second-highest number of signatures recorded for an initiative in the country.
Parliament approved the proposal by a single vote in September. Lawmakers also rejected, by 13 votes to 12, a proposal to submit the measure to a referendum.
Under Liechtenstein’s constitutional system, parliamentary approval is not sufficient for legislation to take effect: princely sanction is also required. Alois had previously indicated his opposition to the reform, making his refusal to approve the bill an anticipated outcome.
The veto has drawn criticism from reform campaigners, who argue that the decision undermines women’s reproductive autonomy and overrides the democratic mandate expressed by parliament. The initiative committee called it a show of power at the expense of those affected and said the announcement came hours after its members had met the Prince at Vaduz Castle.
The initiative’s organisers have also questioned the balance between elected institutions and hereditary authority, particularly after nearly 5,000 citizens backed the campaign. About 250 people marched from Peter-Kaiser-Platz in Vaduz to the castle on October 24 in an authorised protest that the national police said passed off without incident.
Alois has maintained, though, that protecting unborn life justifies rejecting the proposed changes. He has indicated openness to more limited reforms, including easing restrictions on abortion-related information and improving counselling and support for women during pregnancy.
