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Optional protocolon the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography, on a Communication Procedure
ViolenceThe Committee recommends to accelerate the establishment of a children’s house for child victims and witnesses of violence where children can receive all services in one place.
Corporal punishmentCorporal Punishment is prohibited in all settings.
Overview of the child rights situation

Luxembourg has no problems relating to children’s rights in the health sector. In order to fully implement the convention, Luxembourg needs to do more in the area of participation. All in all, Luxembourg has a good situation for children and young people. The concluding observations do not deal with specific points, but rather recommend how improvement of existing measures can look like.

Situation of intersexual and transsexual childrenThe Committee recommends to prohibit medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent and to provide families with intersex children with adequate counselling and support.
Situation of children with disabilities

The Committee welcomes the measures taken by the State party during the COVID-19 pandemic to provide support to families with children with disabilities. But the Committee is concerned that girls with disabilities remain at high risk of multiple forms of discrimination, and of being victims of gender-based violence, including domestic violence and sexual exploitation, which are difficult for them to report. In general, Children with disabilities are not asked to express themselves directly in matters that concern them, and often their parents are not consulted either.
The Committee recommends to take immediate measures to ensure that children with disabilities have access to health care and reasonable accommodation in all settings, including at school and in leisure centres.

Situation of asylum-seeking, refugee and migrant childrenThe Committee is concerned that The State party’s legislation on immigration and asylum allows the detention of children under certain conditions and in certain circumstances and the maximum length of detention for families with children was extended from three to seven days.<br /> The Committee recommends to establish a special status for the benefit of unaccompanied children who do not apply for international protection, including by providing them with long-term solutions and to provide the resources necessary to prevent unaccompanied children from being placed in centres together with adults.
Free kindergartenYes
Free primary and secondary schoolYes
Digital possibilitiesThe Committee recommends to take legislative and administrative measures to protect children from violence in the digital environment, including regular review, updating and enforcement of robust legislative, regulatory and institutional frameworks that protect children from recognized and emerging risks of all forms of violence in the digital environment.
physical health

The Committee recommends that Luxembourg takes measures to train health professionals, and engage them, especially in high schools.

Relation to other countries
mental health

The Committee recommends that the State party evaluate the implementation of the National Suicide Prevention Plan and develop a new plan that will take into account the results of such evaluation. In doing so, the State party should ensure the provision of adequate human, technical and financial resources for parents and professionals working with or for children to address the issue of suicide and its related root causes.

Situation of juvenile justice

The Committee is concerned that children above the age of 16 can be referred for trial by ordinary courts and child protection legislation does not differentiate between child victims of offences and children in conflict with the law. On top of that, it is still permit that a child is detained in an adult penitentiary centre.

To improve the situation, the Committee recommends to ensure that all children below the age of 18 years are treated within the child justice system by specialized judge, and that the State party take measures to separate protection measures aimed at child victims or children at risk of becoming victims of offences and measures aimed at children in conflict with the law.

Specific observations

The distinction between children of married and unmarried parents continues to exist, regardless of new legislations. Also, children are sometimes placed in foster families abroad, creating difficulties for some of them to stay in contact with their biological families.
Furthermore, the Committee welcomes the measures taken by replacing the guaranteed minimum income scheme, the reform of parental leave and changes in benefits and other measures taken to combat poverty, including affordable meals for children in secondary school and free meals for asylum-seeking children. Concerned that the child poverty rate remains higher than that of the general population and continues to grow, the Committee recommends to take targeted measures and provide adequate financial support and free and accessible services without discrimination. In addition to that, the State party should ensure that the legislation provides clear procedures for managing and storing data regarding children’s origins. Furthermore, the Committee recommends that the State party institutionalize a children’s Parliament as a regular event and ensure that it is provided with a meaningful mandate.

Additional BackgroundConcluding observations on the fifth and sixth periodic reports released on 21 June 2021.
Last Updated (date)2nd of March, 2022