COMMITTEE ON RIGHTS OF CHILD CONCLUDES CONSIDERATION OF THE REPORT

HR/CRC/98/34
3 June 1998

Luxembourg should adopt a comprehensive plan of action and increase cooperation with its neighbours to solve problems like sexual exploitation of children, electronic transmission of pornography and drug abuse, the Committee on the Rights of the Child said this morning.

Luxembourg should adopt a comprehensive plan of action and increase cooperation with its neighbours to solve problems like sexual exploitation of children, electronic transmission of pornography and drug abuse, the Committee on the Rights of the Child said this morning.

rigid which caused suffering for children and parents. Would it be possible to have a more flexible, transparent and better organized education system. An expert said that concerning children with difficulties at school, these children were excluded or guided into other forms of education. Would it not be better to integrate them into the system in a way where they could be better followed up? More information was requested about the policy of Luxembourg on leisure for school children.

Committee experts said the Government had announced it would introduce a system for the participation of children by designating representatives from among them to national student conferences. Since the invisibility of children in society was one of the problems the country faced, this system could be an important move for the democratic participation of children. Would this system be immediately implemented? Turning to the juvenile justice system, an expert said he was shocked by some information that minors were isolated in prisons for adults, and were only allowed one hour of exercise a day in a 9 square metre courtyard with a wire mesh cover. These minors were victims of society and under 16; how could they be kept in such conditions, the expert asked.
Minors should be in reform centres and not prisons. Was there legal aid available for minors? What special protection measures were implemented for children in schools and in prisons, especially concerning the lack of psychiatric and psychological support. It seemed the authorities needed major changes in their policy of handling young offenders, especially those with recurring offenses. More information was requested about the high rate of suicide, especially among those in detention.

More information was requested about alcohol consumption among minors as well as use of drugs. Committee experts also asked about the use of children in the production of pornographic materials, especially through the Internet. Was the Government considering new legislation to combat this?
What system of monitoring did the Government have to check rising problems in adolescent health?

Committee experts said although Luxembourg was a rich country, it had families living in poverty. What measures had been taken in schools to integrate children from poor families? Did the Government have any data concerning the situation of gypsy children? The Government had said it had no legal measures concerning sex abuse and exploitation but that it had established an inter-ministerial task force which had issued recommendations on the situation. Since the Government was aware of the problems, what was the present situation? Was there economic exploitation of children in work in Luxembourg and did it have a mechanism to penalize it?

In response to the questions, the delegation said Luxembourg lived in an atmosphere which was multi-cultural and it had always thought it was a chance for children to access several cultures. There was also the issue of the identity of a small country which was open to its larger neighbours, France and Germany. Being educated in a language which was not the mother tongue required great efforts on the part of Luxembourg and migrant children. School programmes were quite heavy and the system could be stressful, affecting some 30 per cent of the students. There were well-trained and qualified staffers in schools as well as a child guidance system. There were also psychologists for all student centres. All teachers had to reserve some time to hold consultations with parents on their children's education and progress.

Detained children were put in the socio-educational system to re-educate them and help them integrate into society, the delegation said. Over the past seven years, efforts had been made to improve the system. This system was quite open, the Government had been confronted with a number of children who had run away from the socio-educational system and committed acts of violence. Thus, the juvenile judge placed them in the Luxembourg Penitentiary Centre. However, no contact was allowed between the minors and the adult prisoners. It was true that these children spent a lot of time in cells and could not spend time in the workshops and were not guaranteed returning to the educational system. Institutional placement of children in Luxembourg was
extremely costly, costing around $5,000 a month which was a lot, even for a rich country. The Government provided good psychological guidance for children in most settings.

The delegation said few minors took heavy drugs but it was aware that soft drugs might lead the way to heavy drug addiction and realized there was a great deal of work to be done to prevent this from happening. There was an ongoing controversy over the decriminalization of soft drugs. The authorities were worried about consumption of alcohol, but it was difficult to assess the amount of alcohol produced. Children were particularly at risk and were the first to be hooked by drugs or alcohol; that was why it was important to support and guide them on these issues before puberty.

Around 8 per cent of the population could be defined as relatively poor. Another problem with
over-indebtedness and it was believed there were 5,000 families in Luxembourg who were heavily indebted and could not meet their commitments. The authorities had organized the system of a 'minimum guaranteed income' linked to certain conditions. Luxembourg did not have many illegal immigrants. Since primary and secondary education was free, poor children did not have a problem with schooling. School homework took up a lot of time.

The delegation said some magistrates who dealt with juveniles sometimes went for training in France's school for magistrates. There was also a law in Luxembourg which guaranteed that anyone had access to legal aid if they had no income and children could receive this.

Concerning work, the delegation said there was relatively strict legislation which banned work for youth which might endanger health or be hazardous. Turning to the use of children in pornographic material, the delegation said production of such material was banned but not the owning of it. A review of legislation was underway.

There were no formal agreements governing children who were placed in institutions abroad but they were followed up by public and private services. They were usually placed abroad because their special needs were not available in Luxembourg and this system remained the best possible arrangement for the moment.

The delegation said there was no gypsy community living in Luxembourg but sometimes they were brought into the country to beg or steal. Gypsy children were treated like Luxembourg children and were cared for by the socio-educational centres until they could be sent back to their homes. There was no data available on suicide rates among youth, but the delegation acknowledged there had been cases of suicide among youth detained in the penitentiary centre.