Committee on the Rights of the Child

Sixty-fourth session

16 September–4 October 2013

Item 4 of the provisional agenda

Consideration of reports of States parties

List of issues to be taken up in connection with the consideration of the third and fourth periodicreports of Luxembourg (CRC/C/LUX/3-4)

The State party is requested to submit in writing additional, updated information, if possible before 1 July 2013

The Committee will take up all aspects of children ’ s rights contained in the Convention and its Optional Protocol on the involvement of children in armed conflict during the dialogue with the State party.

Part I

In this section, the State party is requested to submit its responses to the following questions (30 pages maximum)

1.Please indicate the measures taken to establish a comprehensive national action plan with a clear time frame in the area of the rights of the child.

2.Please provide updated information on progress achieved in developing a centralized system of data collection in all areas covered by the Convention.

3.Please indicate why, despite the terms “legitimate child” and “natural child” having been removed from the Civil Code, the necessary adaptations have not been made to administrative texts and practices, and the terms are still frequently used.

4.Please provide updated information on the measures taken by the State party to ensure the independence of the Ombuds-Comité fir d’Rechter vum Kand (ORK) from all public authorities and to increase its human and financial resources.

5.Please indicate the measures taken to implement the Committee’s 2005 recommendations (CRC/C/15/Add.250, para. 29) relating to the practice of anonymous childbirth (“under X”) by, inter alia, improving the registry and archive systems. Please also indicate whether the State party intends to implement the recommendation of the Ombuds-Comité fir d’Rechter vum Kand on reforming the legislation relating to anonymous childbirth.

6.Please provide information on the measures taken by the State party to implement the Committee’s previous recommendations (CRC/C/15/Add.250, para. 31) on protecting children from violence, discrimination and pornography in the media and raising parents’ awareness of these issues.

7.Please indicate what measures have been taken to respond to the root causes of the temporary or permanent placement of children deprived of a family environment and to the increased demand for placement of adolescents since 2005.

8.Please supplement the State party’s report (CRC/C/LUX/3-4, paras. 469 et seq. and paras. 547 et seq.) with updated information on efforts to limit the exclusion from school of children with behavioural problems or learning difficulties.

9.Please indicate what measures the State party is taking to ensure inclusive education for all children with disabilities, and particularly those who suffer from a mental disability.

10.Please provide information on the results of the measures taken by the State party to address the increasing consumption of drugs and alcohol among adolescents.

11.Please indicate the measures taken by the State party to ensure that foreign children and children of asylum seekers have equal access to the same standard of services in the field of education.

12.Please indicate the measures taken by the State party to ensure that unaccompanied minors are treated in accordance with the principles of the Convention through, in particular, the appointment of an ad hoc administrator, and to avoid children being placed in provisional holding centres for adults.

13.Please provide information on the functioning of the juvenile justice system in the State party, including specialization and training for judges and the use of detention measures for children who display challenging behaviour but are not in conflict with the law. Please also provide information on the current reform of prison administration, as well as on the new security unit mentioned in the State party’s report (CRC/C/LUX/3-4, para. 626), which is located at Dreiborn, in the immediate vicinity of the socioeducational centre. Does the State party intend to implement the recommendations of the Consultative Commission on Human Rights (Opinion 03/2008) and the comments of the Ombuds-Comité fir d’Rechter vum Kand in this regard?

Part II

In this section, the Committee invites the State party to provide a brief update(30 pages maximum) on the information presented in its report regarding

(a)New bills or laws, and their respective regulations;

(b)New institutions (and their mandates) or institutional reforms;

(c)Recently introduced policies, programmes and action plans and their scope and financing;

(d)Recent ratifications of human rights instruments.

Part III

Data, statistical and other information, if available

1.Please provide data for the past three years on the budgets allocated for children (in absolute terms and as a percentage of the national budget and of gross domestic product) in the fields of education, health, social services and child protection.

2.Please provide statistical data (disaggregated by age, sex, geographic location and socioeconomic background) for the past three years on the number and percentage of:

(a)Children who have been victims of ill-treatment and violence, as well as the number of complaints, investigations, prosecutions and convictions in this regard;

(b)Children who have been victims of home and leisure accidents and the number of accidental deaths;

(c)Unaccompanied migrant children; and

(d)Children in the care of the mental health services who have behavioural problems, as well as the number of suicides and attempted suicides among children.

3.Please specify, for the past three years, the number and percentage (disaggregated by age, sex, geographic location, socioeconomic background and type of disability) of children with disabilities who were:

(a)Living with their families;

(b)Living in institutions;

(c)Placed in foster care;

(d)Attending regular schools;

(e)Attending special schools;

(f)Not attending school.

4.Please update any data in the report which could be obsolete and provide information on recent events affecting the rights of the child.

5.In addition, the State party may list areas affecting children that it considers to be of priority with regard to the implementation of the Convention and the Protocol on the involvement of children in armed conflict.