Distr.

GENERAL

CRC/C/15/Add.92
24 June 1998

Original: ENGLISH

Concluding observations of the
Committee on the Rights of the Child : Luxembourg.
24/06/98.

CRC/C/15/Add.92.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE CHILD

Eighteenth
session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION

Concluding observations of the Committee
on the
Rights of the Child: Luxembourg

1. The Committee considered the initial report of Luxembourg (CRC/C/41/Add.2)
at its 471st to 473rd meetings (see CRC/C/SR.471-473), held on 2 and 3 June
1998, and adopted the following concluding observations at the 477th meeting,
held on 5 June 1998.

A. Introduction

2. The Committee welcomes the submission of the State party's detailed
initial report, which followed the guidelines established by the Committee. It
also takes note of the written answers to the list of issues (CRC/C/Q/LUX/1).
The Committee further welcomes the fruitful and constructive dialogue with the
delegation.

B. Positive factors

3. The Committee notes the existence of the Youth Parliament, and welcomes
its involvement in the discussion regarding the proposed law to establish a
committee having the functions of an Ombudsperson.

4. The Committee welcomes the statement of the delegation that the Government
of Luxembourg has the intention of increasing its contribution to international
development assistance from 0.36 per cent to the 0.7 per cent United Nations
target of its Gross Domestic Product by the end of 1999.

C. Principal subjects of concern

5. The Committee is concerned that the State party has made
reservations affecting articles 2, 6, 7 and 15 of the Convention.

6. The Committee expresses its concern that while the 1992 Law on Youth
Protection covers several provisions of the Convention on the Rights of the
Child, domestic legislation still needs to be amended and new laws enacted to
fully implement the principles and provisions of the Convention. In this regard,
the Committee is concerned by the slow pace for the adoption of proposed
appropriate amendments.

7. The Committee is concerned that the State party has not adopted a
comprehensive policy to promote and protect children's rights. It is also
concerned by the absence of a strong coordination and monitoring mechanism and
that the project to establish a Luxembourg Committee on Children's Rights as an
independent monitoring mechanism has still not been formalized.

8. While recognizing the efforts of the State party in this respect, the
Committee is concerned that insufficient measures have been taken to provide
adequate training on children's rights to all professional groups working with
and for children. It also believes that systematic dissemination and awareness
raising about the principles and provisions of the Convention in all parts of
society, among children and adults alike, still remains a matter of concern.

9. The Committee is concerned that there is no law which fully covers all the
grounds related to non-discrimination as spelled out in article 2 of the
Convention, and that children born out of wedlock may still suffer different
forms of discrimination and stigmatization, particularly from the use of the
terms "legitimate" and "illegitimate" in the Civil Code.

10. The Committee expresses its concern that the general principles of the
Convention, especially its articles 2 (non-discrimination), 3 (best interests of
the child) and 12 (respect for the views of the child), are not yet fully
implemented in legislation, policies and practice.

11. The Committee expresses its concern that the rights enumerated in article
7.1 of the Convention, especially the right of the child to know his or her
parents, are denied by the State party to children born anonymously ("under x"),
even if this right is proven to be in their best interests.

12. The Committee is concerned that no legislation exists to protect children
from being exposed to violence and pornography through video movies and other
modern technologies, most prominently, the Internet. Moreover, concern is
expressed that possession of pornographic material, including that involving
children, is not an offence in the State party.

13. In the light of articles 3, 5, 19 and 28.2 of the Convention, concern is
expressed that corporal punishment within and outside the family is not
specifically prohibited by law.

14. The Committee is concerned that legislation does not cover all existing
forms of placement. It is further concerned that regular and independent
monitoring and periodic review of placement are not systematically undertaken.
The Committee is also concerned by the placement of children in care
institutions in neighbouring countries due to lack of facilities and trained
professionals in the State party.

15. With regard to adoption, the Committee notes with concern that domestic
legislation does not appear to respect fully all the provisions of article 21 of
the Convention, especially the implementation of appropriate measures to ensure
that intercountry adoption does not result in improper financial gain for those
involved in it.

16. The Committee expresses its concern that the Penal Code restricts its
protection from all forms of abuse and neglect to children under 14 years old.

17. While taking note of the 1994 law on school inclusion for children with
disabilities, the Committee is concerned at the unclear status of implementation
of this legislation.

18. The Committee expresses its concern at the noticeable reduction in the
rate of breast-feeding following the first month of birth. It is further
concerned by the short maternity leave period and that the International Code
for Marketing of Breast Milk Substitutes is not fully implemented.

19. The Committee expresses its concern about the rate of suicides among
young people in the State party, and that suicides have occurred among young
people when in detention. The Committee is also concerned by the increase of
drug and alcohol abuse among youth.

20. The Committee is concerned about the insufficient measures taken by the
State party to introduce human rights education, including the rights of the
child, into the school curricula in a systematic manner, in accordance with
article 29 of the Convention.

21. With regard to sexual exploitation of children, the Committee expresses
its concern at the existence of child prostitution in the State party and at the
involvement of children in international prostitution networks. It is further
concerned that it is not illegal for children above 16 to get involved in
prostitution.

22. The administration of juvenile justice, and in particular its
compatibility with articles 37, 40 and 39 of the Convention and with other
relevant standards such as the Beijing Rules, the Riyadh Guidelines and the
United Nations Rules for the Protection of Juveniles Deprived of their Liberty,
is a matter of concern to the Committee. The Committee is particularly concerned
that children aged between 16 and 18 may be referred to ordinary courts and
judged as adults. It is further concerned that juveniles may be detained with
adults in ordinary prisons, where the conditions are extremely unfavourable,
including strict limits on time for exercise and leisure, the virtual absence of
educational opportunities and long periods of isolation in their cells. In this
regard, the Committee is concerned by the slow pace taken to implement all
decisions taken by the interministerial working group to improve drastically the
conditions of detention of children.

E. Suggestions and recommendations

23. In the light of the Vienna Declaration and Programme of Action of 1993,
the Committee encourages the State party to consider reviewing its

reservations with a view to their withdrawal.

24. The Committee recommends that the State party, on a priority basis, take
all necessary measures to ensure that its domestic legislation is in full
conformity with the provisions and principles of the Convention.

25. The Committee encourages the State party to adopt a comprehensive
strategy for children. The Committee also wishes to suggest that the State party
envisage the establishment of a permanent mechanism of coordination, evaluation,
monitoring and follow-up for policies aimed at the protection of the child to
ensure that the Convention is fully respected and implemented, at the central
and local levels. In this respect and as part of the ongoing efforts of the
State party to promote and protect the rights of the child, the Committee
encourages the State party in its efforts to establish an independent monitoring
body, such as an Ombudsperson.

26. The Committee recommends that the State party continue to disseminate the
Convention in appropriate languages to adults and children alike. It also
recommends that the authorities continue to ensure awareness raising, education
and training programmes about the Convention on the Rights of the Child for
professional groups working for and with children, such as: judges, lawyers, law
enforcement and army officials, civil servants, including at the local level,
personnel working in institutions or other places of detention for children,
health personnel and social workers.

27. The Committee recommends that the State party fully take into account in
its legislation all the grounds for protection from discrimination as spelled
out in article 2 of the Convention. In particular, the Committee recommends that
the State party take all appropriate measures to ensure that children born out
of wedlock do not suffer discriminatory treatment or stigmatization, and that
the terms "legitimate" and "illegitimate", which are currently used in the Civil
Code, be eliminated. In view of the multinational dimension of the society, the
Committee further recommends that the State party take all appropriate measures,
including legal ones, to guarantee all the rights set forth by the Convention to
all children living within its jurisdiction, in the light of articles 2, 3 and
22.

28. It is the Committee's view that further efforts must be undertaken to
ensure that the general principles of the Convention, in particular
"non-discrimination" (art. 2), the "best interests of the child" (art. 3) and
the "respect for the views of the child" (art. 12), not only guide policy
formulation and decision-making, but also are integrated appropriately into any
judicial and administrative decisions, as well as in the development and
implementation of all projects and programmes which have an impact on children.

29. In order to protect fully the rights of children born anonymously ("under
x"), the Committee recommends that the State party take all appropriate measures
to ensure that the provisions of article 7, especially the right of the child to
know his or her parents, be fully enforced in the light of the principles of
"non-discrimination" (art. 2) and the "best interests of the child" (art. 3).

30. In the light of article 17 of the Convention, the Committee recommends
that the State party take all appropriate legal and other measures to protect
children from being exposed to violence and pornography through video movies and
other modern technologies, including the Internet. The Committee also recommends
that the State party pursue its efforts to adopt legislation effectively
prohibiting the possession of pornographic material involving children.
Bilateral cooperation with neighbouring countries should be engaged to this
effect.

31. In the light of articles 3, 19 and 28.2, the Committee recommends that
corporal punishment at home and in care institutions be explicitly prohibited by
law.

32. The Committee encourages the State party to take all appropriate
measures, including of a legislative nature, to ensure that a child placed in
any form of institution is guaranteed all his/her rights set forth by the
Convention, in particular the right to periodic review of placement. The
Committee also recommends that the State party establish a monitoring mechanism
for care and other types of institutions. Particular attention should be paid to
monitoring children placed in foreign institutions when specialized expertise or
appropriate facilities do not exist in the State party. In this regard, the
Committee recommends that a study to assess the impact of placement of children
in neighbouring countries be undertaken.

33. The Committee recommends that the State party ensure that domestic
legislation, procedures, policies and practices fully respect the provisions of
article 21 of the Convention. It encourages the State party to consider
ratifying the Hague Convention of 1993 on Protection of Children and Cooperation
with Respect to Intercountry Adoption.

34. With regard to the rights of children with disabilities and in the light
of, inter alia, the provisions of article 23 of the Convention, the
Committee encourages the State party to take all measures to implement fully the
1994 Law on school inclusion.

35. The Committee encourages the State party to specifically integrate human
rights education, including the rights of the child, in the school curricula.

36. The Committee recommends that the State party undertake a comprehensive
study to identify reasons for the drop in breast-feeding after the first month.
It also recommends the extension of the period of maternity leave, serious
efforts to educate the public - especially new parents - on the benefits of
breast-feeding and the adoption of other measures, as necessary, to counteract
any negative impact on employment of women who wish to continue breast-feeding
their children for a longer period of time. Finally, the Committee recommends
that the State party increase its efforts to promote compliance with the
International Code for Marketing of Breast Milk Substitutes.

37. The Committee encourages the State party to undertake studies on the
causes of suicide and other mental health problems among young people and to
adopt measures to combat this phenomenon. It further recommends that the State
party undertake "youth-friendly" preventive, curative and rehabilitative
measures to address the increasing problem of drug and substance abuse among
young adolescents.

38. The Committee recommends reinforcing its legislation, policies and
programmes to prevent and combat all forms of sexual exploitation and abuse,
including child prostitution, child pornography and trafficking in children. In
this regard, the Committee recommends that the State party establish a
comprehensive national plan of action and implement the recommendations of the
1996 Stockholm Congress against Commercial Sexual Exploitation of Children.

39. With regard to the administration of juvenile justice, the Committee
recommends that the State party take all measures to fully integrate the
provisions of the Convention, in particular articles 37, 40 and 39, as well as
other relevant international standards in this area, such as the Beijing Rules,
the Riyadh Guidelines and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty in its legislation, policies and practices.
Special attention should be given to alternatives to detention, to preventing
suicide in detention, to providing appropriate infrastructures to detained
children in order to fully ensure their separation from adults and to guarantee
that they have regular contacts with their family. The right of detained
children to education, including vocational training, should be fully taken into
account. The Committee strongly recommends that the State party take all
appropriate measures to implement all appropriate recommendations adopted by the
interministerial working group to improve drastically the conditions of
detention of children.

40. Finally, in the light of article 44, paragraph 6, of the Convention, the
Committee recommends that the initial report and written replies submitted by
the State party be made widely available to the public, along with the summary
records of the relevant meetings and concluding observations adopted by the
Committee. Such wide distribution should generate debate and awareness of the
Convention and the state of its implementation, particularly within the
Government, the relevant ministries, the Parliament and non-governmental
organizations.

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