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COMMITTEE ON RIGHTS OF CHILD CONSIDERS SECOND PERIODIC REPORT OF LUXEMBOURG
13 January 2005
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Committee on the
Rights of the Child
13 January 2005
The Committee on the Rights of the Child today considered the second periodic report of Luxembourg on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report was Alphonse Berns, Permanent Representative of Luxembourg to the United Nations Office at Geneva, who said his country was currently assuming the Presidency of the European Union which was an important role. He said the delegation would cooperate with the Committee in providing additional information on the situation of children in Luxembourg.
In preliminary remarks, Committee Expert Kamel Filali, who served as Rapporteur for the report of Luxembourg, thanked the members of the delegation for their intensive and detailed responses to the questions raised by the Experts. He appreciated the State party’s efforts in helping other countries to improve the well-being of their children. He encouraged the State party to continue to implement the Committee’s recommendations and the provisions of the Convention.
Other Committee Experts contributed to the debate by raising questions pertaining to refugee children, alcohol and tobacco abuse, and non-discrimination against children with disabilities, among other things.
The Committee will release its formal, written concluding observations and recommendations on the report of Luxembourg towards the end of its three-week session, which will conclude on 28 January.
The delegation of Luxembourg was made up of representatives of the Ministry of the Family and Integration, the Ministry of Justice, the Ministry of National Education, and the Permanent Mission of Luxembourg to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Luxembourg is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. A six-person delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Friday, 14 January, it is scheduled to take up the second periodic report of Austria (CRC/C/83/Add.8).
Report of Luxembourg
The second periodic report of Luxembourg, contained in document CRC/C/104/Add.5, outlines the situation of children in Luxembourg and provides information on the measures taken to fulfil the country’s obligations under the Convention on the Rights of the Child, the progress made, the difficulties encountered, and the plans for further work. The report also contains replies to the Committee’s suggestions and recommendations on the State party’s initial report.
The report notes that considering the country’s attachment to democratic values and aware of the fact that a consistent policy is indispensable in this field, the Government deemed it advisable to set up a "think tank" to promote a dynamic partnership with civil society and, moreover, to propose a programme for education in human rights. Accordingly, on 26 May 2000, the Government adopted a Government Regulation in Council creating the Consultative Commission on Human Rights. The Commission acts as the national correspondent for the European Monitoring Centre for Racism and Xenophobia.
The report also notes that in 1996, an ad hoc committee on the rights of the child was set up under the Ministry of the Family. Although the Government has assigned the task of coordinating the promotion of the rights of the child to that Ministry, many other departments have direct responsibilities for numerous activities on behalf of children.
Presentation of Report
ALPHONSE BERNS, Permanent Representative of Luxembourg to the United Nations Office at Geneva, said his country was currently assuming the Presidency of the European Union which was an important role. The delegation would cooperate with the Committee in providing additional information during the two meetings on the situation of children in Luxembourg.
Questions by Committee Experts
KAMEL FILALI, the Committee Expert who served as country Rapporteur for the report of Luxembourg, said Luxembourg constantly deployed efforts to create a better world for children. A number of positive developments had taken place in the State party since the Committee had considered the initial report. Luxembourg had ratified the Protocol to the Convention on the involvement of children in armed conflicts; the Hague Convention on international adoption; and the ILO Convention No. 182 on the worst forms of child labour. The adoption of the law on the ombudsman; the law relating to the Committee on the Rights of the Child; and the Government regulation in the Council creating the Consultative Commission on Human Rights were among the positive aspects.
Mr. Filali said some of the Committee’s recommendations had retained the attention of the Government which had adopted measures and mechanisms to implement them and to monitor the implementation of the provisions of the Convention. However, some of the recommendations, such as the withdrawal of reservations, had not been heeded to. The Government justified its position by arguing that this was for the well-being of families and children. He asked the delegation to further elaborate on this position.
Mr. Filali said that the Committee was concerned that the recommendation on the necessity to put in place a comprehensive strategy for children had not been implemented. The recommendation on the right to children born from anonymous parents to know their biological parents was not fulfilled which was tantamount to discrimination.
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who also served as country Rapporteur for the report of Luxembourg, said the new act of 1998 on corporal punishment still did not satisfy the requirements of the Convention. The survey conducted in 1993 had shown that 49 per cent of the parents consulted believed that corporal punishment was essential for disciplinary reasons while 22 per cent were in favour of prohibiting it. Did the State party envisage taking measures to prohibit the practice of corporal punishment both in the family and in care institutions?
Another Expert asked about the situation and rights of children born out of wedlock. Did all children enjoy the same rights?
An Expert said children in Luxembourg enjoyed many rights; however, there were small vulnerable groups of refugees and Muslims who did not enjoy full rights. For example, unaccompanied refugee children lacked adequate accommodation in the reception centres where they were treated as adults.
Luxembourg was an advanced country in terms of respect for human rights and the enjoyment of rights by children, another Expert said. Referring to the State party’s reservations, the Expert noted that the reservations entered by the country to certain articles of the Convention still remained, particularly with regard to anonymous birth parents.
On the right to life, an Expert said that the number of children dying as a result of accidents and suicide was disturbing. What was the Government doing to avoid such incidents? There was also considerable concern about solitary confinement of children for a period of ten days which was allowed by the law.
Another Expert asked if children participating in local councils were consulted on projects of constructions that would affect their daily lives. The Expert also noted that the procedure for asylum was lengthy which affected children.
Other Experts also raised questions on the high rate of alcohol and tobacco consumption; the increase in the cases of HIV/AIDS; the lack of minimum age for criminal responsibility of children; the detention of children with adults; the provision of vocational training; and access to medical care for children, among other things.
Response by Luxembourg Delegation
The Muslim community in Luxembourg had increased in size following the war in Bosnia, the delegation said. Before 1995, there had been a very small Muslim community in Luxembourg. Luxembourg's society and the country's legislation were adapting to the new situation. The Government was ready to take measures in education, religious freedom and availability of places of worship for the Muslim community.
Luxembourg was proud to be among the few developed countries that exceeded the 0.7 per cent of GNP target fixed by the United Nations for overseas development assistance, the delegation said.
As a member of the European Union that was currently assuming the presidency, Luxembourg would be in charge of drafting resolutions and decisions with regard to children during the forthcoming Commission on Human Rights session in Geneva, the delegation said.
Road accidents were a societal phenomenon that should be addressed by the Government, the delegation said. The phenomenon was a problem because it was affecting the lives of children. The Government had been campaigning against drunk and speed driving.
The reservation on anonymous childbirth would be maintained by Luxembourg, the delegation said. The national ethics committee, after studying the issue, had recommended that the Government maintain its position. A distressed woman who gave birth could without any obligation hand her child to another family in an anonymous manner. The other reservation concerned associations created by young persons. According to the law, associations set up by children under 18 years had no civil liability except if adults were involved.
In order to maintain the social cohesion of schools, a bilingual educational system had been maintained, the delegation said. Intensive language courses were provided for young foreign students and special efforts were made to integrate refugees and asylum seekers into the mainstream educational system. Great importance was also placed on training of teachers.
Children with disabilities were integrated into schools without any discrimination. Special education was also provided for those children having difficulties due to their disabilities.
The reference to legitimate and illegitimate children had been removed from the law books, the delegation said. At the same time, the use of the terms "natural" and "legitimate" children had no discriminatory connotation. Since 1979, the law had placed on equal footing the rights and obligations of all children without distinction.
Suicide was a great concern for Luxembourg which had prompted the State to take measures to tackle this problem, the delegation said. The high rate of divorce – 5 divorces for 10 marriages – was among the main causes for child suicide. The process of divorce affected the well-being of the children involved.
Luxembourg fully complied with international norms with regard to asylum procedures, the delegation said. However, the process for seeking asylum was sometimes long. Some families, after living in the country for four or five years and after their children learnt to speak the language, received news that they would be expelled. Not all cases of asylum were accepted.
The Government was making efforts to avoid the isolation of young people in institutions by seeking alternative methods of punishment, the delegation said. The methods would include the introduction of schooling within the centres so that the child was not completely isolated. Some of the children put in isolation were escapees from the socio-educational detention centres, where they were placed by judges.
Schools and companies were working together to facilitate the transition of students from school to working life, the delegation said. The Government was providing support to companies that employed young people.
The extensive use of the Internet by children in schools and at home had been a subject of the Government’s concern for the last four years, the delegation said. Schools had been fully equipped with appropriate instructions to safeguard children from accessing unsuitable websites.
A whole chapter of the Criminal Code was devoted to the prohibition of child pornography and the sexual exploitation of children, the delegation. Perpetrators of trafficking in human beings and sexual exploitation were handed down prison sentences or fines. The production and distribution of pornographic materials and films were also punishable by law. Laws also penalized such acts committed by citizens abroad.
The problem of violence within schools and neighbourhoods was of concern, the delegation said. The Government was working with the concerned State bodies to tackle the problem.
Preliminary Remarks
KAMEL FILALI, the Committee Expert who served as country Rapporteur for the report of Luxembourg, thanked the members of the delegation for their intensive and detailed responses to the questions raised by the Experts. He appreciated the State party’s efforts in helping other countries to improve the well-being of their children. He encouraged the State party to continue implementing the Committee’s recommendations and the provisions of the Convention. In its final conclusions, the Committee would draw the attention of the State party to the importance of having long- and short-term strategies to implement the goals of the Convention, among other things.
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Rights of the Child
13 January 2005
The Committee on the Rights of the Child today considered the second periodic report of Luxembourg on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report was Alphonse Berns, Permanent Representative of Luxembourg to the United Nations Office at Geneva, who said his country was currently assuming the Presidency of the European Union which was an important role. He said the delegation would cooperate with the Committee in providing additional information on the situation of children in Luxembourg.
In preliminary remarks, Committee Expert Kamel Filali, who served as Rapporteur for the report of Luxembourg, thanked the members of the delegation for their intensive and detailed responses to the questions raised by the Experts. He appreciated the State party’s efforts in helping other countries to improve the well-being of their children. He encouraged the State party to continue to implement the Committee’s recommendations and the provisions of the Convention.
Other Committee Experts contributed to the debate by raising questions pertaining to refugee children, alcohol and tobacco abuse, and non-discrimination against children with disabilities, among other things.
The Committee will release its formal, written concluding observations and recommendations on the report of Luxembourg towards the end of its three-week session, which will conclude on 28 January.
The delegation of Luxembourg was made up of representatives of the Ministry of the Family and Integration, the Ministry of Justice, the Ministry of National Education, and the Permanent Mission of Luxembourg to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Luxembourg is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. A six-person delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes in public at 10 a.m. on Friday, 14 January, it is scheduled to take up the second periodic report of Austria (CRC/C/83/Add.8).
Report of Luxembourg
The second periodic report of Luxembourg, contained in document CRC/C/104/Add.5, outlines the situation of children in Luxembourg and provides information on the measures taken to fulfil the country’s obligations under the Convention on the Rights of the Child, the progress made, the difficulties encountered, and the plans for further work. The report also contains replies to the Committee’s suggestions and recommendations on the State party’s initial report.
The report notes that considering the country’s attachment to democratic values and aware of the fact that a consistent policy is indispensable in this field, the Government deemed it advisable to set up a "think tank" to promote a dynamic partnership with civil society and, moreover, to propose a programme for education in human rights. Accordingly, on 26 May 2000, the Government adopted a Government Regulation in Council creating the Consultative Commission on Human Rights. The Commission acts as the national correspondent for the European Monitoring Centre for Racism and Xenophobia.
The report also notes that in 1996, an ad hoc committee on the rights of the child was set up under the Ministry of the Family. Although the Government has assigned the task of coordinating the promotion of the rights of the child to that Ministry, many other departments have direct responsibilities for numerous activities on behalf of children.
Presentation of Report
ALPHONSE BERNS, Permanent Representative of Luxembourg to the United Nations Office at Geneva, said his country was currently assuming the Presidency of the European Union which was an important role. The delegation would cooperate with the Committee in providing additional information during the two meetings on the situation of children in Luxembourg.
Questions by Committee Experts
KAMEL FILALI, the Committee Expert who served as country Rapporteur for the report of Luxembourg, said Luxembourg constantly deployed efforts to create a better world for children. A number of positive developments had taken place in the State party since the Committee had considered the initial report. Luxembourg had ratified the Protocol to the Convention on the involvement of children in armed conflicts; the Hague Convention on international adoption; and the ILO Convention No. 182 on the worst forms of child labour. The adoption of the law on the ombudsman; the law relating to the Committee on the Rights of the Child; and the Government regulation in the Council creating the Consultative Commission on Human Rights were among the positive aspects.
Mr. Filali said some of the Committee’s recommendations had retained the attention of the Government which had adopted measures and mechanisms to implement them and to monitor the implementation of the provisions of the Convention. However, some of the recommendations, such as the withdrawal of reservations, had not been heeded to. The Government justified its position by arguing that this was for the well-being of families and children. He asked the delegation to further elaborate on this position.
Mr. Filali said that the Committee was concerned that the recommendation on the necessity to put in place a comprehensive strategy for children had not been implemented. The recommendation on the right to children born from anonymous parents to know their biological parents was not fulfilled which was tantamount to discrimination.
GHALIA MOHD BIN HAMAD AL-THANI, the Committee Expert who also served as country Rapporteur for the report of Luxembourg, said the new act of 1998 on corporal punishment still did not satisfy the requirements of the Convention. The survey conducted in 1993 had shown that 49 per cent of the parents consulted believed that corporal punishment was essential for disciplinary reasons while 22 per cent were in favour of prohibiting it. Did the State party envisage taking measures to prohibit the practice of corporal punishment both in the family and in care institutions?
Another Expert asked about the situation and rights of children born out of wedlock. Did all children enjoy the same rights?
An Expert said children in Luxembourg enjoyed many rights; however, there were small vulnerable groups of refugees and Muslims who did not enjoy full rights. For example, unaccompanied refugee children lacked adequate accommodation in the reception centres where they were treated as adults.
Luxembourg was an advanced country in terms of respect for human rights and the enjoyment of rights by children, another Expert said. Referring to the State party’s reservations, the Expert noted that the reservations entered by the country to certain articles of the Convention still remained, particularly with regard to anonymous birth parents.
On the right to life, an Expert said that the number of children dying as a result of accidents and suicide was disturbing. What was the Government doing to avoid such incidents? There was also considerable concern about solitary confinement of children for a period of ten days which was allowed by the law.
Another Expert asked if children participating in local councils were consulted on projects of constructions that would affect their daily lives. The Expert also noted that the procedure for asylum was lengthy which affected children.
Other Experts also raised questions on the high rate of alcohol and tobacco consumption; the increase in the cases of HIV/AIDS; the lack of minimum age for criminal responsibility of children; the detention of children with adults; the provision of vocational training; and access to medical care for children, among other things.
Response by Luxembourg Delegation
The Muslim community in Luxembourg had increased in size following the war in Bosnia, the delegation said. Before 1995, there had been a very small Muslim community in Luxembourg. Luxembourg's society and the country's legislation were adapting to the new situation. The Government was ready to take measures in education, religious freedom and availability of places of worship for the Muslim community.
Luxembourg was proud to be among the few developed countries that exceeded the 0.7 per cent of GNP target fixed by the United Nations for overseas development assistance, the delegation said.
As a member of the European Union that was currently assuming the presidency, Luxembourg would be in charge of drafting resolutions and decisions with regard to children during the forthcoming Commission on Human Rights session in Geneva, the delegation said.
Road accidents were a societal phenomenon that should be addressed by the Government, the delegation said. The phenomenon was a problem because it was affecting the lives of children. The Government had been campaigning against drunk and speed driving.
The reservation on anonymous childbirth would be maintained by Luxembourg, the delegation said. The national ethics committee, after studying the issue, had recommended that the Government maintain its position. A distressed woman who gave birth could without any obligation hand her child to another family in an anonymous manner. The other reservation concerned associations created by young persons. According to the law, associations set up by children under 18 years had no civil liability except if adults were involved.
In order to maintain the social cohesion of schools, a bilingual educational system had been maintained, the delegation said. Intensive language courses were provided for young foreign students and special efforts were made to integrate refugees and asylum seekers into the mainstream educational system. Great importance was also placed on training of teachers.
Children with disabilities were integrated into schools without any discrimination. Special education was also provided for those children having difficulties due to their disabilities.
The reference to legitimate and illegitimate children had been removed from the law books, the delegation said. At the same time, the use of the terms "natural" and "legitimate" children had no discriminatory connotation. Since 1979, the law had placed on equal footing the rights and obligations of all children without distinction.
Suicide was a great concern for Luxembourg which had prompted the State to take measures to tackle this problem, the delegation said. The high rate of divorce – 5 divorces for 10 marriages – was among the main causes for child suicide. The process of divorce affected the well-being of the children involved.
Luxembourg fully complied with international norms with regard to asylum procedures, the delegation said. However, the process for seeking asylum was sometimes long. Some families, after living in the country for four or five years and after their children learnt to speak the language, received news that they would be expelled. Not all cases of asylum were accepted.
The Government was making efforts to avoid the isolation of young people in institutions by seeking alternative methods of punishment, the delegation said. The methods would include the introduction of schooling within the centres so that the child was not completely isolated. Some of the children put in isolation were escapees from the socio-educational detention centres, where they were placed by judges.
Schools and companies were working together to facilitate the transition of students from school to working life, the delegation said. The Government was providing support to companies that employed young people.
The extensive use of the Internet by children in schools and at home had been a subject of the Government’s concern for the last four years, the delegation said. Schools had been fully equipped with appropriate instructions to safeguard children from accessing unsuitable websites.
A whole chapter of the Criminal Code was devoted to the prohibition of child pornography and the sexual exploitation of children, the delegation. Perpetrators of trafficking in human beings and sexual exploitation were handed down prison sentences or fines. The production and distribution of pornographic materials and films were also punishable by law. Laws also penalized such acts committed by citizens abroad.
The problem of violence within schools and neighbourhoods was of concern, the delegation said. The Government was working with the concerned State bodies to tackle the problem.
Preliminary Remarks
KAMEL FILALI, the Committee Expert who served as country Rapporteur for the report of Luxembourg, thanked the members of the delegation for their intensive and detailed responses to the questions raised by the Experts. He appreciated the State party’s efforts in helping other countries to improve the well-being of their children. He encouraged the State party to continue implementing the Committee’s recommendations and the provisions of the Convention. In its final conclusions, the Committee would draw the attention of the State party to the importance of having long- and short-term strategies to implement the goals of the Convention, among other things.
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