F                    

                       M                      

Total

Level

Lux.

For.

Total

Lux.

For.

Total

Lux.

For.

Total

F

M

Early

57.5%

42.5%

100 %

54.2%

45.8%

100 %

55.8%

44.2%

100 %

47.3%

52.7%

Preschool

55.7%

44.3%

100 %

54.5%

45.5%

100 %

55.1%

44.9%

100 %

48.8%

51.2%

Primary

58.4%

41.6%

100 %

58.8%

41.2%

100 %

58.6%

41.4%

100 %

48.9%

51.1%

Special

22.4%

77.6%

100 %

34.7%

65.3%

100 %

29.6%

70.4%

100 %

41.9%

58.1%

Grand total

57.6%

42.4%

100 %

57.4%

42.6%

100 %

57.5%

42.5%

100 %

48.7%

51.3%

Post-primary — 2006/07 school year (figures at beginning of school year)

F

M

Total

Lux.

For.

Total

Lux.

For.

Total

Lux.

For.

Total

F

M

Classical secondary education

Lower classical sec.

78.8%

21.2%

100%

81.8%

18.2%

100%

80.2%

19.8%

100%

54.1%

45.9%

Upper classical sec.

82.6%

17.4%

100%

84.5%

15.5%

100%

83.4%

16.6%

100%

56.3%

43.7%

Technical secondary education

Lower sec.

56.3%

43.7%

100%

58.5%

41.5%

100%

57.4%

42.6%

100%

48.3%

51.7%

Lower prep

39.4%

60.6%

100%

38.8%

61.2%

100%

39.1%

60.9%

100%

40.2%

59.8%

Upper stream for technicians

60.9%

39.1%

100%

65.6%

34.4%

100%

63.7%

36.3%

100%

41.9%

58.1%

Upper technical stream

68.6%

31.4%

100%

68.8%

31.2%

100%

68.7%

31.3%

100%

59.6%

40.4%

Upper vocat. stream

56.1%

43.9%

100%

60.4%

39.6%

100%

58.7%

41.3%

100%

39.2%

60.8%

Classical secondary total

80.8%

19.2%

100 %

83.1%

16.9%

100%

81.8%

18.2%

100%

55.2%

44.8%

Tech. secondary total

58.6%

41.4%

100%

59.4%

40.6%

100%

59.0%

41.0%

100%

47.2%

52.8%

Grand total

66.6%

33.4%

100%

66.4%

33.6%

100%

66.5%

33.5%

100%

49.8%

50.2%

N.B. Asylum-seekers are deemed to be persons of foreign nationality and received as such.

Early education — 3-4 year-olds; preschool education — compulsory, 4-6 year-olds; primary education — compulsory, 6-12 year-olds; special education — for children with learning difficulties, 6-12 year-olds.

The extended availability of childcare also promotes the integration of foreign children. The availability of childcare also benefits immigrant children.

In 2005, a new approach was taken to help achieve a better balance between work and family life, namely, drop-in centres “maisons relais” where children are cared for outside school hours. These centres provide various services to Luxembourger and foreign children, such as homework assistance, supervision and vacation activities. The purpose of these activities is to promote integration through learning or improvement of the Luxembourg language in an out-of-school setting.

In post-primary education, a continuous school day was introduced as a pilot project at the start of the 2005-2006 school year. The number of reception and supervision facilities at the preschool and primary levels is increasing. Early education (3-4 years-olds) will become standard throughout the country as of 2009; municipalities will be required to offer such education and parents will be free to choose whether or not to enrol their children.

In addition to providing daycare for children, a growing number of municipalities now offer “school meals” (any service in which school-age children are received, supervised and served food during the main mealtime) and “homework assistance” (any non-school, non-residential service in which primary school pupils are received and supervised outside school hours in order to offer them recreational activities and homework assistance).

Violence against women

11. With the exception of domestic violence, the report does not provide any information on violence against women, including sexual violence. Please provide updated data on the prevalence of, and measures taken to prevent and combat, all forms of violence against women, in accordance with the Committee’s General Recommendation 19. This should include information on the support services that are available to women who are victims of violence and the number of prosecutions and the sentences imposed against perpetrators. Please also indicate whether a population-based survey on violence against women has been conducted, and any results of such a survey.

The Act of 26 May 2000, which has now become Chapter V. Sexual harassment of Section IV. Equal treatment of women and men of Book II of the Labour Code, protects all female employees, interns, apprentices, pupils and students from sexual harassment in the workplace. In 2006, police statistics indicate any cases of sexual harassment in the workplace.

According to police statistics, 760 women and girls and 598 men and boys were recorded as victims of all forms of violence. These statistics include murder, manslaughter, voluntary assault and battery resulting in inability to work, voluntary assault and battery not resulting in inability to work, involuntary assault and battery, hostage-taking, kidnapping, abduction, rape and offences committed under the law on domestic violence.

Of all these recorded offences whose victims were female, 49 per cent involved domestic violence and 6 per cent involved rape.

Domestic violence accounted for 12 per cent of all offences against persons recorded by the police. In domestic violence cases, 87 per cent of victims were female and 83 per cent of attackers were male. In 2006, 35 judgements with sentences were handed down under the law on domestic violence (maximum sentence: three years of prison and a fine of €1,000).

In order to respond effectively to all these forms of violence, the national police have been given additional staff to combat this type of crime.

In case of need, women who are victims of physical, psychological or sexual violence can stay in women’s shelters and can consult many specialized counselling services throughout the country. These services are fully funded by the State, on the basis of agreements concluded between the State and the organizations that manage them.

No population-based survey on violence against women has been conducted.

Trafficking and exploitation of prostitution

12 . The Committee , in its previous concluding comments, recommended the adoption of comprehensive policies to combat trafficking in women and girls (A/58/38 (Part 1), para. 313). Please provide details on the steps the Government has taken to respond to this recommendation and, in particular, provide information about statistical data of women trafficked into Luxembourg, of traffickers prosecuted and punished and information about the support services and protection available to trafficked women, including permits to stay in the country.

The National Plan of Action on Gender Equality provides for the following measures to combat the trafficking of women for purposes of sexual exploitation and to raise awareness among the clients of prostitution about the risks involved:

–Quantitative and qualitative assessment of public attitudes, and men’s attitudes in particular, towards purchasing sexual services with or without use of a condom;

–Mapping prostitution sites;

–Inventory of client demand;

–Creation of a support network for victims of trafficking for purposes of sexual exploitation;

–Awareness-raising and training for workers responsible for providing support to women victims of trafficking;

–Awareness-raising among clients about the phenomenon of trafficking of women for the purposes of sexual exploitation and the risks of transmission of sexually transmitted diseases;

–Development of a special information tool in several languages for persons engaged in prostitution.

Mapping of prostitution in Luxembourg

On 14 June 2007, the Ministry of Equal Opportunity presented the results of the mapping of prostitution in Luxembourg. Luxembourg’s red light districts were observed and male and female prostitutes and pimps were interviewed. The interviews included questions about prostitutes’ backgrounds, their prostitution activities, their knowledge about health care and prevention, their social contacts and social support and their outlook for the future. Although there were found to be different types of prostitutes (“occasional” and “conventional” prostitutes, drug addicts and new migrants), the main reason given for engaging in prostitution was financial gain.

Study on prostitution

On instructions from the Ministry of Equal Opportunity, an opinion research company carried out a survey on prostitution in Luxembourg in February 2007, in which 1,010 persons aged at least 18 and living in Luxembourg were surveyed. The results showed that 12 per cent of men said that they had paid for sexual services, compared with 0 per cent of women.

Measures to combat trafficking of women

As part of the work of incorporating into Luxembourg law the provisions of the Council of Europe Convention on Action against Trafficking in Human Beings, the Palermo Protocol to prevent, suppress and punish trafficking in persons and the European Commission Framework Decision on combating trafficking in human beings, the Ministry of Equal Opportunity has set up a working group whose main task is to establish a network for the effective care of victims of human trafficking. The bill on combating trafficking in human beings will be submitted to Parliament in late 2007. The bill on free movement of persons and immigration, to be submitted in late October 2007, contains specific provisions on residence permits for victims of trafficking who are nationals of third countries.

In 2006, a special investigation unit with the title “Trafficking in human beings for purposes of sexual exploitation” was created within the national police. Women victims of trafficking for purposes of sexual exploitation are cared for in women’s shelters and walk-in services by non-governmental organizations.

Judgements handed down under articles 379 and 379 bis of Chapter VI of the Penal Code on prostitution, exploitation and the trafficking of human beings

Between January 2006 and August 2007, 10 cases were tried before the Luxembourg courts under articles 379 and 379 bis of the Penal Code. In six cases, the offenders were male and in eight cases they were female. All the victims were female.

13. Please provide details about the impact of the Government’s decision to no longer issue visas or permits to persons from non-European Union countries to work as cabaret artists, as part of its efforts to combat human trafficking (para. 90).

Since the 1 May 2004 decision to no longer issue visas or work permits to persons from non-European Union countries to work as cabaret artists, cabaret owners can be seen to have reorganized and adapted their ways of operating.

The entry of new countries into the European Union has made it possible for women, notably from Lithuania, Poland, Romania, Bulgaria and the Czech Republic, to be recruited as cabaret performers for short periods of time. Cabaret owners sign bogus contracts and treat the women as independent workers, making it very difficult for the police to carry out investigations and provide accurate figures, since the women in question are entitled to travel and move around with a valid passport (cf. Schengen agreements). Most of the women do not register themselves properly when they enter Luxembourg territory. As a consequence, the authorities are unable to keep track of their numbers or monitor their stay.

Nevertheless, the police and the Inspectorate of Labour and Mines have begun issuing summonses to cabaret owners because the women (independent workers) are not registered with social security. The fines imposed by the courts are not preventing cabaret owners from continuing to exploit women. However, a multidisciplinary working group established by the Ministry of Justice is looking at ways for the State to tackle the situation. The bills being drafted on trafficking in human beings and assistance measures and the aliens’ police law will make it possible to combat the exploitation of women more effectively.

Political participation

14 . The representation of women remains low in Government, Parliament, municipal councils and other public bodies despite the Committee’s previous recommendation that the State party develop further measures to increase women’s role in decision-making in all spheres (A/58/38 (Part 1), para. 311). What measures are being undertaken to realize women’s full and equal participation in such bodies, including the use of temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee’s General Recommendation s 23  and 25?

The measures described under article 7, paragraphs 97 to 113 of the fifth periodic report respond to the Committee’s recommendations in paragraph 311 of document A/58/38.

The National Plan of Action on Gender Equality provides for the following measures:

–Promotion of women’s participation in political and economic decision-making

•Funding of training for female political candidates and elected members;

•Research on women’s participation in political and economic decision-making;

•Incentives to private firms, through the affirmative action programme, to ensure that women and men are represented equally in decision-making positions in all spheres and at all levels;

•Information and awareness-raising activities, studies and actions in private-sector firms.

–Promotion of a municipal gender equality policy

•Implementation of the circular sent by the Ministry of the Interior and Territorial Planning, the Ministry of Equal Opportunity and the Association of Luxembourg Cities and Municipalities (Syvicol) in July 2005 to municipal administrations informing them of the policy on gender equality (see para. 113 of the fifth periodic report of Luxembourg).

–“Gender equality in local development” project

•The Ministry of Equal Opportunity has begun a gender in municipal politics project in partnership with Slovenia and Denmark. The project involves developing training tools and measures to promote women’s participation in local political decision-making. Its progress is described in paragraphs 110 to 112 of the fifth periodic report.

Employment

15. The Committee , in its previous concluding comments , was concerned about ongoing discrepancies in salaries and wages between women and men for work of equal value and recommended the adoption of policies to eradicate the pay discrimination against women (A/58/38 (Part 1), paras. 314 and 315). Please provide information on the impact of the measures described in the report designed to eradicate the wage gap between women and men, including the effect of the Law of 30 June 2004.

In response to the recommendations in paragraphs 314 and 315 of document A/58/38, two studies were carried out:

Study 1

Are women discriminated against in the labour market? Study carried out by the Central Statistics and Economic Studies Service (STATEC) and presented on 24 April 2007 at the conference “Gender equality in employment: reality or myth?”

Study 2

“Gender equality in collective agreements.” Legal analysis carried out by Viviane Ecker, Doctor of Laws and expert in gender equality at the Commission of the European Communities, in order to:

–Determine the reasons for wage discrimination with a view to eradicating it by making stakeholders aware of the problem;

–Analyse the impact of collective agreements on equality of treatment and pay for women and men with a view to improving their effectiveness in achieving equal treatment and pay.

The second study showed that collective agreements have very little impact on ensuring equal pay for women and men. It was sent to employers’ organizations, trade unions, professional associations and wage commissions for their advice and opinions and the responses are expected by mid-October 2007. To eliminate discrimination for which there is no objective explanation, the Government has decided to apply, for an open-ended trial period, the principle of an obligation to take measures that may subsequently be replaced by an obligation to achieve results.

On 24 April 2007, the Ministry of Equal Opportunity, in cooperation with the Ministry of the Middle Classes, Tourism and Housing, the Ministry of the Economy and Foreign Trade, the Ministry of Labour and Employment and the Central Statistics and Economic Studies Service, organized a conference entitled “Gender equality in employment: reality or myth?” The purpose of the conference was to inform employers’ organizations, trade unions and businesses about the ongoing wage gap between women and men and to make participants take responsibility for the issue. Some 200 people took part in the conference.

16 . The report provides limited information about trends, since the last report, in women’s share in various occupations, and levels, of the labour market. Please provide such an overview and also disaggregate all the information by ethnicity, where appropriate, and age groups of women.

Statistical data are disaggregated by nationality, since categorization by ethnic group is not relevant. The data from the activity report of the Employment Administration (ADEM) for the year 2006 show that, on average, salaried employment for residents is growing more quickly for women (+3.3 per cent over the period) than for men (+1.7 per cent). For non-residents, the gender gap is smaller (+6.9 per cent for women and +6.3 per cent for men).

It should be noted that women account for 41.3 per cent of the resident labour force in Luxembourg.

Changes in the employment rate for persons aged 25 to 54, by nationality and sex, 1983-2006

Men Women Men Women Luxembourg nationals Foreign nationals Nationals Foreign nationals Women Men Women Men Percentages

Year

Luxembourg nationals

Foreign nationals

Total

Men

Women

Men

Women

Men

Women

1983

93.0

36.0

95.1

47.0

93.7

39.2

1984

93.6

37.6

94.9

47.7

95.5

43.9

1985

93.4

38.7

93.8

48.1

94.1

44.2

1986

94.4

41.1

95.5

49.8

96.0

47.2

1987

94.5

42.9

96.1

54.0

94.9

46.4

1988

95.0

43.0

95.4

50.9

95.1

45.5

1989

93.6

43.8

94.8

53.8

94.0

47.0

1992

93.8

49.8

93.7

60.0

93.8

53.3

1993

92.9

50.7

94.7

59.3

93.5

53.7

1994

92.5

49.9

92.6

60.5

92.5

53.8

1995

91.9

50.0

92.6

59.0

92.2

53.4

1996

92.0

51.8

92.2

56.4

92.1

53.6

1997

92.0

53.2

91.4

60.8

91.8

56.2

1998

93.0

54.9

92.2

57.9

92.7

56.1

1999

92.9

58.0

92.7

63.6

92.8

60.3

2000

94.1

59.5

90.4

64.5

92.6

61.6

2003

92.6

63.9

91.3

66.9

92.0

65.3

2006

93.3

70.0

92.0

68.6

92.7

69.4

Source: Labour Force Survey — Central Statistics and Economic Studies Service (STATEC).

Field: Residents.

Changes in the employment rate for persons aged 15 to 19, by nationality and sex, 1983-2006

\sPercentages

Year

Luxembourg nationals

Foign nationalsre

Total

Men

Women

Men

Women

Men

Women

1983

38.2

36.1

43.4

46.9

39.7

39.1

1984

35.6

31.2

43.8

39.1

37.8

33.3

1985

32.3

31.6

36.0

39.1

33.6

34.3

1986

31.0

30.7

32.4

32.4

31.5

31.3

Women

Men MenWomen

Foreign nationalsLuxembourgnationals

Year

Luxembourg nationals

Fo re ign nationals

Total

Men

Women

Men

Women

Men

Women

1983

38.2

36.1

43.4

46.9

39.7

39.1

1984

35.6

31.2

43.8

39.1

37.8

33.3

1985

32.3

31.6

36.0

39.1

33.6

34.3

1986

31.0

30.7

32.4

32.4

31.5

31.3

1987

28.0

24.7

38.3

35.8

31.0

28.0

1988

20.4

22.7

35.5

30.9

25.0

25.2

1989

24.1

20.4

33.9

24.7

27.2

21.7

1992

19.3

21.0

28.8

24.2

22.9

22.2

1993

8.8

8.5

22.2

21.3

14.3

13.4

1994

13.8

14.1

18.7

21.1

15.6

16.7

1995

11.2

11.7

20.4

16.7

14.9

13.7

1996

9.0

7.7

20.0

15.9

13.3

10.9

1997

7.4

3.5

13.7

10.7

9.8

6.4

1998

10.1

5.0

9.4

10.0

9.8

7.0

1999

10.8

6.2

14.6

12.0

12.3

8.6

2000

8.7

7.4

12.0

7.7

9.9

7.5

2003

7.5

6.3

11.1

5.6

8.9

6.1

2006

7.4

3.4

7.3

5.1

7.4

4.0

Source: Labour Force Survey — STATEC.

Field: Residents.

Economically active rate for persons aged 15 to 64, by nationality and sex, 2006

Non-EuropeanUnion Countries Italy Other EuropeanUnion Countries MenWomen Belgium France Luxembourg Portugal Percentages

Nationality

Men

Women

Total

Luxembourg

71.4

54.4

62.8

Portugal

81.5

66.2

74.4

France

87.5

65.2

76.6

Belgium

83.4

66.2

75.0

Italy

71.7

59.1

65.8

Other European Union countries

77.4

63.7

69.9

Non-European Union countries

77.8

54.8

64.4

Total

75.3

58.2

66.7

Source: Labour Force Survey — STATEC.

Field: Residents.

Distribution of wage earners, by place of residence and sex, 1988, 2003 and 2006

Residence

Numbers

Percentages across rows

Percentag e s in columns

Men

Women

Total

Men

Women

Total

Men

Women

Total

1988

Residents

83 692

45 837

129 529

64.6

35.4

100.0

82.5

87.1

84.1

Including:

– Luxembourg nationals

59 725

31 139

90 864

65.7

34.3

100.0

58.9

59.1

59.0

– Foreign nationals

23 967

14 698

38 665

62.0

38.0

100.0

23.6

27.9

25.1

– Cross-border workers

17 754

6 813

2 4 567

72.3

27.7

100.0

17.5

12.9

15.9

Total

101 446

52 650

154 096

65.8

34.2

100.0

100.0

100.0

100.0

2003

Residents

99 589

68 176

167 765

59.4

40.6

100.0

58.2

66.5

61.4

Including:

– Luxembourg nationals

55 644

37 538

93 182

59.7

40.3

100.0

32.5

36.6

34.1

– Foreign nationals

43 945

30 638

74 583

58.9

41.1

100.0

25.7

29.9

27.3

– Cross-border workers

71 388

34 274

105 662

67.6

32.4

100.0

41.8

33.5

38.6

Total

170 977

102 450

273 427

62.5

37.5

100.0

100.0

100.0

100.0

2006

Residents

102 475

73 459

175 934

58.2

41.8

100.0

55.1

64.8

58.7

Including:

– Luxembourg nationals

55 083

39 817

94 900

58.0

42.0

100.0

29.6

35.1

31.7

– Foreign nationals

47 392

33 642

81 034

58.5

41.5

100.0

25.5

29.7

27.1

– Cross-border workers

83 656

39 912

123 568

67.7

32.3

100.0

44.9

35.2

41.3

Total

186 131

113 371

299 502

62.1

37.9

100.0

100.0

100.0

100.0

Source: General Social Security Inspectorate [Inspection Générale de la Sécurité Sociale — IGSS].

Field: Residents and cross-border workers.

Distribution of women wage-earners, by economic activity and place of residence, 2006

Numbers

Percentages across rows

Percentages in columns

Sector of economic activity

Luxembourg nationals

Foreign nationals

Cross-border workers

Total

Luxembourg nationals

Foreign nationals

Cross-border workers

Total

Luxembourg nationals

Foreign nationals

Cross-border workers

Total

Agriculture, hunting, forestry

189

93

59

341

55.4

27.3

17.3

100.0

0.5

0.3

0.1

0.3

Fisheries, aquaculture

0

0

0

0

0

0

0

0

0.0

0.0

0.0

0.0

Extractive industries

19

7

9

35

54.3

20.0

25.7

100.0

0.0

0.0

0.0

0.0

Manufacturing

1 546

1 594

2 573

5 713

27.1

27.9

45.0

100.0

3.9

4.7

6.4

5.0

Electricity, gas and water production and distribution

127

18

9

154

82.5

11.7

5.8

100.0

0.3

0.1

0.0

0.1

Construction

736

565

868

2 169

33.9

26.0

40.0

100.0

1.8

1.7

2.2

1.9

Car and appliance sales and repair

4 832

4 644

8 051

17 527

27.6

26.5

45.9

100.0

12.1

13.8

20.2

15.5

Hospitality industry

683

3 461

2 281

6 425

10.6

53.9

35.5

100.0

1.7

10.3

5.7

5.7

Transport and communications

1 810

1 156

1 389

4 355

41.6

26.5

31.9

100.0

4.5

3.4

3.5

3.8

Banking and finance

4 039

4 291

8 235

16 565

24.4

25.9

49.7

100.0

10.1

12.8

20.6

14.6

Real estate, leasing and business services

2 368

6 481

8 553

17 402

13.6

37.2

49.1

100.0

5.9

19.3

21.4

15.3

Public administration

13 608

2 040

461

16 109

84.5

12.7

2.9

100.0

34.2

6.1

1.2

14.2

Education

448

354

239

1 041

43.0

34.0

23.0

100.0

1.1

1.1

0.6

0.9

Health and social services

7 221

3 840

5 050

16 111

44.8

23.8

31.3

100.0

18.1

11.4

12.7

14.2

Community and personal services

1 532

1 518

1 328

4 378

35.0

34.7

30.3

100.0

3.8

4.5

3.3

3.9

Domestic services

473

3 063

433

3 969

11.9

77.2

10.9

100.0

1.2

9.1

1.1

3.5

Activities beyond Luxembourg ’s borders

42

268

113

423

9.9

63.4

26.7

100.0

0.1

0.8

0.3

0.4

Other activities

144

249

261

654

22.0

38.1

39.9

100.0

0.4

0.7

0.7

0.6

Totals

39 817

33 642

39 912

113 371

35.1

29.7

35.2

100.0

100.0

100.0

100.0

100.0

Source: IGSS.Field: Residents and cross-border workers.

17. The report describes the Law of 19 May 2003 which introduced measures to promote the reconciliation of family and working life (para. 18). However, the record on parental leave shows that the number of mothers taking leave is consistently higher than that of fathers (para. 87). What concrete measures, in addition to the legislative changes discussed in the report, does the Government intend to take to encourage better sharing of work and family responsibilities between men and women?

The Government does not envisage any additional measures that would encourage better sharing of family and work responsibilities between women and men. However, the Ministry of Family Affairs and Social Integration is working to promote the harmonization of family and working life by encouraging:

1.The establishment of drop-in centres (“maisons relais”) for children;

2.The establishment of nurseries and day-care centres for children;

3.The provision of childcare in private homes.

1.Establishment of drop-in centres (“maisons relais”) for children

The concept of “maisons relais” for children involves quantitative (an increase in their number), geographical (distribution according to need throughout Luxembourg) and qualitative (an increase in the services that they provide) elements.

According to a 2003 Centre for Population, Poverty and Socioeconomic Policy Studies (CEPS) study, in 2003 approximately 26 per cent of all children in need of care of the kind used by households where both parents work avail themselves of the care system provided by these childcare facilities.

In 2005, although the Grand Duchy of Luxembourg had places for 8,000 children in out-of-school centres, the Government estimated that 30,000 places would be needed by 2013. A geographical needs assessment arrived at an estimate of 30 per cent in rural areas and 50 per cent in urban areas (an average of 40 per cent). These estimates took into account the number of children residing in the Grand Duchy of Luxembourg and the past experience of existing childcare facilities.

As of August 2007, the Grand Duchy of Luxembourg had 92 maisons relais offering a total of 10,449 places.

2.Establishment of day nurseriesand day-care centresfor children

As of 31 December 2006, the early childhood care system comprised 163 day nurseries and day-care centres with a total of 5,208 places and no waiting list.

3.Provision of childcare in private homes

Childcare provision in private homes comprises all activities involving the provision of daytime and/or nighttime care and accommodation for groups of more than three and less than eight minor children.

In 2006, Luxembourg had a total of 73 parental aides in 31 municipalities.

18. The statistics in the report indicate that women have higher educational achievements than men and exceed men in general enrolment at tertiary level. What strategies has the Government put in place or considered to ensure that young women seek and retain jobs commensurate with their academic achievements?

Since 2005, as part of the affirmative action measures introduced by the private sector, the Ministry of Equal Opportunity has been funding a “cross mentoring” project involving companies working in various sectors.

The project is geared towards women graduates occupying managerial posts within companies. In a “mentoring” relationship, one person, the “mentor”, provides another, the “mentee”, with career development support and expertise. This privileged interaction is separate from the normal working relationship between the two individuals concerned. In the case of “cross mentoring”, the “mentor” and the “mentee” are not employed by the same company. Thus, the exchange of experiences can bridge any gaps arising from the existence of differing corporate cultures. “Cross mentoring” can take place between companies in different sectors or even between individuals working in the public and private sectors. An assessment of the project has shown that, for “mentees”, one of the most important issues is career development, along with conflict management and ways of reconciling their professional and private lives. In companies that have participated in the project, women showing significant potential receive ongoing career development support.

Health

19. The report states that sex education is no longer considered as the exclusive preserve of specialized professionals (para. 277). It does not , however , state what specific measures have been taken to increase women’s access to reproductive and sexual health services and family planning in order to avoid unwanted pregnancies and women’s recourse to illegal abortion. Please provide this information.

In addition to the information provided in paragraphs 271 to 281 of the fifth periodic report, the following should be noted:

•Condoms are provided free of charge and are distributed in educational establishments through vending machines. Non-governmental organizations and family planning clinics also distribute them;

•A guide to young people’s emotional and sexual health is currently being prepared in cooperation with the Family Planning Centre, the Ministry of Education and the Ministry of the Family;

•Cooperation with non-governmental organizations working on the ground has been stepped up in order to ensure that sex education is provided from an early age.

In recent years, public and political awareness of problems relating to the voluntary termination of pregnancy has increased.

20. The report notes that there has been a significant increase in mortality rates from lung cancer among women (paras. 243 and 245). The report further states that lung cancer deaths among women have increased by more than 47 per cent since 1980 and that it is feared that these rates will grow further (para. 261). Also, the report indicates that at 18 years of age, the proportion of girls who smoke regularly is significantly higher than the proportion of boys (para. 264). Please indicate what the Government is doing to target women and girls in its anti - smoking campaigns and to address the increasing incidence of lung cancer among women.

The Tobacco Control Act of 11 August 2006 is designed to protect people against the harmful effects of passive smoking and to encourage them to give up smoking. Among other things, it prohibits smoking in public places, particularly hospitals and schools, the sale of tobacco products to minors under the age of 16 and any advertising or sponsorship that promotes tobacco and related products.

The number of smokers in Luxembourg has decreased since 2005

1987

1993

1998

2001

2002

2003

2004

2005

2006

Smokers

33%

29%

32%

30%

30%

33%

31%

27%

25%

Source : TNS — Polling and Survey Institute (ILRES) — Luxembourg Cancer Foundation survey on smoking in Luxembourg .

In 2006, 25 per cent of the population of Luxembourg (aged 15 and over) smoked. Among young people aged 15 to 17, 11 per cent of boys and 26 per cent of girls smoke, while 26 per cent of men and 34 per cent of women aged 18 to 24 are smokers.

The Ministry of Health, in cooperation with experts and partners on the ground, is currently drawing up a national anti-smoking plan. Intended to prevent and reduce smoking and smoking-related diseases and deaths, the plan’s objectives include concerted action to prevent smoking among young people by promoting a less acceptable view of tobacco, projecting a more objective image of smokers and focusing on long-term behavioural change.

Results of annual surveys conducted by TNS-ILRES-Luxembourg Cancer Foundation

Representative sample of the resident population aged 15 and over (in-person interviews) Smokers aged 15 to 173236292419180102030405020012002200320042005200615-17TNS-ILRES/FLCC Survey 2006

Girls and boys aged 15 to 1730352828221126162033392801020304050200120022003200420052006MaleFemaleAllTNS-ILRES/FLCC Survey 2006

Smokers aged 18 to 244647524741350102030405020012002200320042005200618-24TNS-ILRES/FLCC Survey 2006

Men and Women aged 18 to 24545253483634334039414701020304050200120022003200420052006MaleFemaleAllTNS-ILRES/FLCC Survey 2006

Women in vulnerable situations

21. Please describe the situation of foreign women, and in particular women from outside the European Union, in Luxembourg . This should include a discussion of measures in place to eliminate discrimination and achieve equality for foreign women and girls in areas such as education, health, employment and participation in public life. Please also indicate the impact of such measures, as well as any temporary special measures .

On 25 September 2005, the Government Aliens Commission asked the SeSoPI Centre to conduct, in partnership with the Institute for Social Training, an external evaluation of the INLUX pilot project “Live better in Luxembourg”, which was introduced by the Ministry of the Family as part of a series of measures to facilitate and strengthen the integration of foreigners into Luxembourg’s multicultural society. One of the project’s fundamental objectives is for participants to acquire basic proficiency in one of the country’s languages (Luxembourgish or French) so that they can communicate confidently with other residents. Most of the participants taking formal courses are married women who are nationals of non-European Union countries and come from the middle or upper social classes. By the end of the pilot project, participants had acquired basic proficiency in one of the two languages taught, allowing them to communicate confidently with other residents, and were committed to pursuing their education and training beyond the first stage of the project.

22 . The report provides little information about the situation of older women. Please give an overview of their situation, in particular their economic well-being. In this regard, indicate the impact of women’s limited number of years in paid employment due to family and childcare responsibilities in regard to pension rights, social security and health coverage, and measures in place to counteract any negative impact.

On the whole, the income level of older persons is comparable to the disposable income of people in other age groups and the disposable income of older women is similar to that of men of the same age. There is a significant difference between the disposable income levels of women and men only among the very oldest individuals. This difference is attributable to the fact that, following a change in their marital status, most women are entitled to a survivor’s benefit (a derived right following the death of their spouse) which is worth less than the personal pension of the original beneficiary.

Relationship between the equivalent income of older persons and persons in other age groups (resident population)

Source: Eurostat (2004).

Overall, the risk of older persons being affected by poverty is limited. However, women are at greater risk than men and the risk of women finding themselves in a precarious situation increases with age. This phenomenon is attributable to the fact that older women receive only a limited amount of income from personal pensions (as a result of career interruptions) and a reduced survivor’s benefit.

Poverty risk (threshold of 60 per cent of equivalent median income) by age group

\s

Women Men Total

Source : Eurostat (2004).

Estimates of time actually worked as a proportion of the maximum potential time worked by age group show that women of retirement age have spent considerably more time not working than they have working. Thus, we have two scenarios: most women of working age are not economically active and are therefore unlikely to be entitled to a personal pension, and most women who are entitled to a personal pension have had incomplete careers, meaning that their pension benefits will be limited. Both scenarios mean that the disposable income of older women comes mainly from the personal pension of their spouse or, as the case may be, from a survivor’s benefit and/or social assistance.

Estimated time actually worked as a proportion of the maximum potential time worked by age group in 2000 (women)

Source : B. Lejealle, 2003.

Over the generations, stopping work in order to raise children has become much more common than stopping work after marriage. Members of the oldest generation tended to stop work after marriage in anticipation of having children. Until the late 1980s, women who stopped working once they married received a cash reimbursement of their pension contributions, which meant that they forfeited their entitlement to a personal pension.

Reasons for career interruptions before the ages of 25, 30 and 35 for women aged between 26 and 34, 35 and 44, 45 and 54 and 55 and 64 in 2000 (as a percentage of the total number of interruptions by age group)

Source : B. Lejealle, 2003 .

Special provisions allow women to retain their pension rights if they stop working in order to raise children. In certain circumstances, one parent may receive additional pension increments corresponding to at least two years of compulsory coverage. Supplementary coverage is also generated when periods during which one parent was raising one or more children under the age of six are taken into account.

The treatment of periods spent raising children as qualifying periods enables a woman to take early retirement at age 60 if her compulsory and supplementary contribution periods total 40 years. For example, women entitled to an early pension at age 60 complete the qualifying period of 40 years by adding an average of eight years of supplementary contribution periods. These supplementary periods vary very little in the case of an old-age pension taken at age 65.

Years of compulsory periods (compuls.) and supplementary periods (suppl.) by type of pension (age 57 = early pension at age 57; age 60 = early pension at age 60; old-age = old-age pension at age 65), by s ex and by place of work (Lux. =  Grand Duchy of Luxembourg ; abr. = abroad) in 2002

Source : IGSS.

Generally speaking, the disability pension plays an important role in pension entitlement and some 30 per cent of new retirees are recipients of a disability pension. This route seems to be extremely popular in the case of early retirement before age 60, for women as well as for men. Disability pensions aside, the retirement age for women is considerably higher than that for men. This phenomenon is particularly common among unskilled women (manual workers), because these women have to go on working to complete the qualifying period of 20 years required for receipt of at least the minimum legal pension.

Retirement age in 200 3, by sex , for recipients of disability and old-age (including early old-age) pensions

Source : IGSS .

In the Grand Duchy of Luxembourg, no annual old-age pension or survivor’s benefit may be lower than 90 per cent of a reference amount when the insured person has completed at least a qualifying period of 40 years of compulsory insurance periods and/or supplementary periods. If the amount of the pension falls below the amount of the minimum pension, the recipient is paid a pension supplement to make up the difference between the amount of the minimum pension and the amount of his or her personal pension. If the insured person has not completed the 40-year qualifying period but can prove that he or she has at least 20 years of contribution periods, the minimum pension is reduced by one fortieth for each missing year.

In the case of the disability pension and the old-age pension at age 65, most recipients of the minimum-pension supplement are women. Periods of reduced activity with low wages, combined with supplementary periods, provide entitlement to the minimum pension even though the contributions made are insufficient to generate adequate levels of personal pension.

Percentage of people receiving minimum-pension supplements, by type of personal pension awarded (age 57 = early pension at age 57; age 60 = early pension at age 60; disability = disability pension; old-age = old-age pension at age 65) and by residence, in 2004 (as a percentage of all personal pensions)

Source : IGSS.

However, when for one reason or another the amount of a household’s income falls below the level of the minimum guaranteed income, the household receives a supplement to make up the difference between the minimum guaranteed income and its disposable income. A supplementary allowance is thus available to households consisting of persons of retirement age whose financial resources are limited.

Payment for health care in Luxembourg is based on a system of compulsory insurance derived from the Bismarckian system. It covers all persons in regular employment, salaried or otherwise, or in receipt of alternative income (sickness, maternity or unemployment benefits, disability or old-age pension or survivor’s benefit, guaranteed minimum income, etc.) or granted asylum-seeker status. By derogation from the principle of personal insurance, the law accords “derived rights” to members of an insured person’s family (spouse, children) or to his/her partner if these persons do not have their own entitlements. Sickness and maternity insurance covers the cost of the following benefits: outpatient medical or other care, laboratory analyses and tests, hospital care, pharmaceutical products, rehabilitation and spa cures, health aids and prostheses and health-service transport.

Ease of access to health care is enhanced by: 1. free choice of a doctor and direct access to specialist doctors and hospital polyclinics; 2. a sufficient number of doctors and other health-care professionals; 3. an estimated 91.8-per-cent average reimbursement rate based on sickness and maternity insurance charges for 2004; 4. reimbursement facilities or prepayment for some expensive services for insured persons experiencing financial difficulties.

The purpose of long-term care insurance is to cover at least part of the costs arising from health care and the need for assistance from a third party to perform the essential acts of everyday life. The payment of such costs by the community is justified both by the widespread nature and the uniformity of the risk, which can affect anyone at any age, and by the magnitude of the costs, which can hardly be borne by one person alone or even by his or her family without compromising their material survival. Long-term care insurance thus creates an unconditional entitlement to benefits, i.e. one that doesn’t require means-testing of the dependent person.

In 2006, a total of 1,526 women received a minimum-guaranteed-income supplement in addition to their personal pensions.

In August 2007, 497 women out of a total of 666 beneficiaries (74.62 per cent) received the supplementary benefit created by the Act of 30 April 2004 authorizing the National Solidarity Fund to pay part of the cost of the services provided for the care of persons admitted to an integrated centre for older persons, a care centre or any other medical/social institution providing day and night care.

Special measures

Baby years

Under certain conditions, one or both parents may receive additional pension increments corresponding to two years’ of insurance calculated on the basis of the last salary subject to contributions before the insurable event. This period is extended to four years from the third child or if the child is disabled.

Periods spent raising children

Measuring “child-raising periods” involves factoring in periods during which one of the parents was raising in Luxembourg one or more children aged under six.

Such periods are used only to complete the qualifying period for the early retirement pension (at 60) or the minimum pension or for receiving lump-sum pension increments, which vary only according to the length of the contributory period.

The “child-raising” lump sum

A “child-raising” lump sum is payable from age 60 to parents who are unable to factor into their pension periods spent raising their children.

Like the “baby years”, this lump sum can be awarded to only one of the parents, meaning that the majority of recipients are women.

Parental leave

Parental leave may be granted under certain circumstances to any person who is raising one or more children aged under five in his or her home.

In order to qualify for full-time parental leave, the parent must devote himself or herself full-time to raising one or more children and must not engage in any employment for the duration of the leave. In the case of part-time leave, the employment may not exceed half the normal monthly working hours applicable to the workplace by law or under a collective agreement.

Child-raising allowance

The child-raising allowance may be awarded, at least until the child reaches the age of two, to persons residing in Luxembourg and raising one or more children in their home.

Recipients must devote themselves principally to the raising of children in the family home and must not engage in any employment or be in receipt of any alternative income. Mothers may claim half the allowance, regardless of any income they may earn from one or more part-time jobs, provided that their total effective working week does not exceed half its normal duration.

Provisions to promote the expansion of childcare facilities

The government programme provides that as part of efforts to achieve a better balance between work and family life, its partners shall make significant efforts to expand childcare facilities (nurseries, day-care centres).

In order to ensure better childcare and to enable parents who so wish or who have no other choice to combine working with family life, the Government is encouraging municipalities to set up facilities throughout the country for preschool and primary schoolchildren.

The introduction of the continuous school day in post-primary education, on a pilot basis, was scheduled for the start of the 2005-2006 school year. The number of facilities for preschool and primary schoolchildren is increasing. Preschool education will be available throughout the country from 2009, on the understanding that municipalities will have an obligation to provide such education, and parents will be free to choose whether or not to enrol their children.

An increasing number of municipalities already offer, in addition to day-care centres for children, “school meals” (any service in which school-age children are received, supervised and served food during the main meal time) and “homework assistance” (any non-school, non-residential service in which primary school pupils are received and supervised outside school hours in order to offer them recreational activities and homework assistance).

Part-time working in the civil service

Part-time working may be authorized on a 25-, 50- or 75-per-cent basis, provided that it does not disrupt the proper functioning of the service.

Although, in principle, part-time working must be arranged according to a daily schedule, the head of the service may nevertheless agree with the employee, in the interest of the service, on a different distribution of working hours over part of the week, month or even year. This arrangement is also available for employees taking leave in the form of part-time working.

Reinstatement of civil servants who interrupted their career to raise their children

This measure, which is a transitional one, applies to civil servants who, under the old legislation on leave of absence, were forced to resign in order to devote themselves to raising their children. Such persons now have the option of reinstatement, as supernumerary staff outside the manning table, in the functions which they were performing before they resigned, with their career status at the time of their resignation restored.

Seniority credit in the civil service

Civil servants who are on leave without pay or on leave in the form of part-time working qualify for seniority credit. The following limits apply to employees who devote themselves to raising children aged under 15 years:

•A maximum of 10 years for employees taking leave without pay;

•Full credit for employees taking leave in the form of part-time working.

23. Please provide information and data about the situation of disabled women and girls, including the financial, medical and other support provided to ensure the protection of their rights.

1.Residential care for disabled women and girls

Residential services

In 2006, of the 719 residential spaces established for disabled persons, 347 were occupied by females and 350 by males. The budgetary resources used in the 2006 financial year to meet the staffing and operating costs of accommodating the female occupants of these places was in the order of 9.7 million euros.

Self-defence and sex-education classes

The Day Centre of the HMC League has introduced a self-defence class for disabled women in cooperation with Info-Handicap and a sex education course in cooperation with the Family Planning Centre. Other organizations such as APEMH provide one-on-one counselling to women on sexuality and sexual abuse and offer places on self-defence courses open to the general public.

2.Income for seriously disabled persons

Any person aged between 18 and 65 years who is authorized to reside in the territory of the Grand Duchy and to be domiciled and actually reside therein and who has a diminished capacity to work of at least 30 per cent as the result of a physical, mental, sensory or psychological disorder and/or of psycho-social difficulties aggravating such disorder and whose state of health is such that any attempt to work is counter-indicated or whose skills are so limited that it is impossible to adapt a job in the ordinary world of work to his or her needs may claim the income for seriously disabled persons.

In 2006, 309 women received the income for seriously disabled persons.

3.United Nations Convention on the Rights of Persons with Disabilities

On 30 March 2007, the Grand Duchy of Luxembourg signed the United Nations Convention on the Rights of Persons with Disabilities, which introduced such general principles as non-discrimination, equality of opportunity, and gender equality.

Optional Protocol

24 . Please provide information about the steps taken to make widely known the Optional Protocol, which Luxembourg ratified in 2003.

See information under paragraph 5.