Luxembourg – IMM situation

IMM name: The Consultative Commission on Human Rights and the Center for Equal Treatment

IMM type: The CCHR (NHRI), the ombudsperson entity and the CET (Equality Body) work together.

CRPD ratification date: 26 September 2011

IMM legal framework: Act of July 28, 2011, by which it approved the Convention on the Rights of Persons with Disabilities, in New York on 13 December, 2006; approved the Optional Protocol to the Convention on the Rights of Persons with Disabilities on the Committee on the Rights of Persons with Disabilities, in New York on 13 December, 2006; designating independent mechanisms to promote, protect and monitor implementation of the Convention on the Rights of Persons with Disabilities.

Luxembourg ratified the CRPD on 26 September 2011. The Ministry for the Family, Integration, and the Greater Region (MIFA), in cooperation with other ministries, develops and coordinates policies, legislation and actions in favor of people with disabilities at the level of the Luxembourg government. To hear the views of civil society, the Minister asked the Conseil Supérieur des Personnes Handicapées (CSPH), in parallel with the discussions held in the relevant parliamentary committee before the law was passed, to issue an opinion on the appointment of a national IMM. The CSPH, which has its legal basis in the law of September 12, 2003, is made up mainly of people with disabilities and representatives of associations for and by people with disabilities. It has the following remits:

1. To assist and advise the Minister responsible for disability policy in coordinating government policy in favor of disabled people
2. To bring together the partners involved, i.e., people with special needs, professionals in the sector and members of the government
3. To advise on any draft laws or regulations concerning disability submitted to it by the government
4. To study all questions submitted to it by the Minister, as well as all subjects it deems useful, and in particular, questions relating to the implementation of the Convention on the Rights of Persons with Disabilities

In its opinion of October 12, 2010, the Conseil Supérieur des Personnes Handicapées congratulated the authors of the bill on their choice of the Commission Consultative des Droits de l'Homme as the national monitoring body for implementation of the Convention.

The Consultative Commission on Human Rights and the Center for Equal Treatment are designated as independent national mechanisms for the promotion and monitoring of implementation, as provided for in Article 33, paragraph 2 of the Convention on the Rights of Persons with Disabilities (CRDPH), by article 2 of the law of July 28, 2011 on 1. approval of the CRDPH, done in New York on December 13, 2006, 2. approval of the Optional Protocol to the CRDPH on the Committee on the Rights of Persons with Disabilities, done in New York on December 13, 2006, 3. designation of independent mechanisms to promote, protect and monitor implementation of the Convention on the Rights of Persons with Disabilities. The Ombudsman is designated as an independent national mechanism for the protection of the rights of persons with disabilities within the meaning of Article 33, paragraph 2 of the CRDPH. As part of this mission, this person is responsible for defending and protecting the rights and freedoms of persons with disabilities guaranteed under the CRDPH.

The CCHR (NHRI), the ombudsperson entity and the CET (Equality Body) work together and are part of a Monitoring Framework consisting of another or other entities. The Consultative Commission on Human Rights of Luxembourg (CCDH), which acts in accordance with the "Paris Principles," is a consultative body that advises the Government on all matters of general interest concerning human rights in Luxembourg. It issues opinions, carries out studies, takes positions and makes recommendations either at the request of the Government or on its own initiative. Within the framework of the Convention, its mission is to ensure, together with the CET, the promotion and national monitoring of the Convention, and more specifically:

1. Raising awareness and providing information on the Convention and the human rights of people with disabilities
2. Analyzing the conformity of existing and future legislation and political programs with the Convention
3. Participating in meetings and exchanges with organizations of people with disabilities and other civil society players

The CCHR is not competent to receive complaints from individuals. The Centre for Equal Treatment (CET) carries out its tasks independently, with the aim of promoting, analyzing and monitoring equal treatment for all people without discrimination on the grounds of race or ethnic origin, gender, sexual orientation, religion or belief, disability or age. In carrying out its mission, the CET may publish reports, issue opinions and recommendations, conduct studies and provide assistance to people who consider themselves victims of discrimination, by making available an advice and guidance service designed to inform victims about their individual rights, legislation, case law and the means of asserting their rights. Within the framework of the Convention, its mission is to ensure, together with the CCHR, the promotion and national monitoring of the Convention.

In addition, the CET can be called upon to deal with any case in which a person feels discriminated against on the grounds of disability. The Ombudsman is responsible for the protection aspect of the Convention. It is an independent authority whose mission is to receive individual complaints from natural or legal persons against an administration, a government department, or a municipality concerning a matter of personal concern to them. In carrying out its mission, the TEC may publish reports, issue opinions and, in particular, make recommendations. If the complaint seems justified, the Mediation officer intervenes with the administration concerned to try to settle the dispute, either by: seeking amicable solutions to individual disputes submitted to him or by making recommendations aimed at improving the operation of an administration or suggesting modifications to legislative or regulatory texts in the general interest. As part of the implementation of the Convention, it provides protection.

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building, this is done by CET together with CCHR and the non-profit organization Info-Handicap, which acts as the national "CRDPH" platform.
• Protecting the rights of persons with disabilities, including by receiving, investigating and resolving complaints, or by mediating conflicts and monitoring activities and reporting: CET and mediator
• Monitoring the implementation of the CRPD: CCDH, CET and mediator

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State. Since its establishment, the mechanism has developed two action plans: CCHR/CET and the Ombudsman participated in the development of two different action plans to implement the CRDPH, initiated by the Ministry for the Family, Integration and the Greater Region
• Evaluating policy, legislative and administrative compliance with the CRPD. The IMM will be involved in the external evaluation of the disability action plan
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Undertaking investigations on the rights of persons with disabilities
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal point (s) designated within government under Article 33(1) for matters relating to the Convention’s implementation. Cooperation with the Interministerial Committee for the Promotion of the Rights of Persons with Disabilities
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to implementation of the CRPD

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism or framework.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalisation

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org