5.The table below shows the evolution of parental leave over the past 10 years. The majority of women opt for full-time parental leave, while men show a clear preference for split parental leave.
|
Year |
Women on part ‑ time leave |
Women on full-time leave |
Women on split leave |
Men on part-time leave |
Men on full-time leave |
Men on split leave |
|
2013 |
1 180 |
1 848 |
664 |
385 |
||
|
2014 |
1 325 |
1 881 |
686 |
364 |
||
|
2015 |
1 302 |
2 187 |
719 |
387 |
||
|
2016 |
1 275 |
2 282 |
679 |
484 |
||
|
2017 |
1 231 |
3 064 |
282 |
1 334 |
1 378 |
962 |
|
2018 |
1 163 |
3 183 |
529 |
1 326 |
1 366 |
2 029 |
|
2019 |
1 146 |
3 223 |
575 |
1 331 |
1 569 |
2 543 |
|
2020 |
1 092 |
3 411 |
581 |
1 297 |
1 702 |
2 803 |
|
2021 |
1 189 |
3 651 |
310 |
1 436 |
1 796 |
2 954 |
|
2022 |
1 165 |
3 746 |
318 |
1 574 |
2 147 |
3 448 |
6.In 2019, the Ministry of Equality between Women and Men launched the Equality Observatory, reflecting the evolution of gender equality in Luxembourg in seven areas: domestic violence, employment, decision-making, work-life balance, education, income and health.
7.The Equality Observatory was inspired by the Gender Equality Index of the European Institute for Gender Equality. It centralizes data from various government departments and civil society organizations and provides a more comprehensive national overview of, among other things, domestic violence.
8.In addition to the data collected by the Equality Observatory, the Ministry of Equality between Women and Men, together with the Committee on Cooperation between Professionals Combating Violence, submits an annual report on trends related to domestic violence under the amended Domestic Violence Act, which includes information on interventions and the removal of perpetrators from the family home. In addition, the National Institute of Statistics and Economic Studies of the Grand Duchy of Luxembourg published its second survey on violence in 2022.
II.Women’s rights and gender equality in relation to the pandemic and recovery efforts
Response to the issues and questions contained in paragraph 2
9.Family leave (regular and extended), introduced by the Parental Leave and Family Leave Act of 12 February 1999, is designed to allow parents to be with their child in the event of serious illness, an accident or other compelling health reason. Until 2017, each parent received 30 days of family leave, in increments of two days per year until the child’s fifteenth birthday. If not used, these days were forfeited.
10.Articles L.234–51 to L.234–55 of the Labour Code set out modalities governing the right to family leave. The Act of 15 December 2017 changed the rules applicable to family leave effective 1 January 2018, which provide for 35 days of such leave, to be used in annual increments up to the child’s eighteenth birthday.
11.During the coronavirus disease (COVID-19) pandemic, family leave was expanded to address the situation of parents who were unable to obtain childcare for their dependent child or children, within the age limits set out in the Labour Code (as a general rule, up to the age of 12, or until the age of 18 in certain situations, and beyond that age for children entitled to a supplement for a child with disabilities). Days taken as extended family leave were not deducted from the days available for regular family leave.
12.Nevertheless, such leave was limited to cases in which the other parent was unable to care for the child. That restriction did not apply to tele-working, since it is carried out from home, during which time a parent cannot look after a child. The arrangement was discontinued with the end of COVID-19 measures at the beginning of 2023.
National health fund: cost and number of beneficiaries of family leave (regular and extended), by gender and residency status
|
Cost |
Beneficiaries |
|||
|
Residents |
Non-residents |
Residents |
Non-residents |
|
|
2020 |
||||
|
Women |
85 416 367 |
53 519 623 |
21 459 |
15 590 |
|
Men |
51 718 022 |
66 461 953 |
13 271 |
18 427 |
|
Total |
137 134 389 |
119 981 575 |
34 730 |
34 017 |
|
2021 |
||||
|
Women |
25 706 894 |
13 074 865 |
18 924 |
11 679 |
|
Men |
14 885 420 |
12 659 856 |
11 245 |
10 974 |
|
Total |
40 592 314 |
25 734 721 |
30 169 |
22 653 |
|
2022 |
||||
|
Women |
18 014 911 |
8 317 921 |
17 833 |
11 520 |
|
Men |
10 015 773 |
7 902 261 |
10 407 |
10 554 |
|
Total |
28 030 684 |
16 220 182 |
28 240 |
22 074 |
13.In order to avoid a significant increase in domestic violence cases during the COVID-19 health crisis, a crisis management mechanism was set up by the Ministry of Equality between Women and Men in March 2020 to provide for the following:
•Weekly monitoring of domestic violence trends
•Continuity of existing legal and regulatory procedures
•Alternative accommodation in the event of overcrowding in emergency shelters
•Development of the information and guidance website
•Setting up of a helpline for women and men caught up in the cycle of domestic violence
•Sustainability of financial support from the Government
Except for weekly monitoring, the mechanism continues to provide for all of the above.
14.The initiative, which (apart from weekly monitoring) is still in force, was supported through targeted prevention and information campaigns on social networks and in the national media. In that regard, particular attention is drawn to a violence prevention campaign called “Gewalt kënnt net an d ’ Tut” (No violence in the bag).
15.Since the COVID-19 health crisis and subsequent declaration of a national state of crisis profoundly affected daily life, the Ministry of Equality between Women and Men commissioned a research project by the Luxembourg Institute of Socioeconomic Research to analyse the impact on equality. The findings were presented at a conference on 7 March 2022, with a focus on gender differences in the impact of the disease, as well as the effects of the pandemic and lockdown measures on employment and family life. More gender-targeted policies were recommended to ensure that future crises cause less inequality.
16.The University of Luxembourg analysed the impact of the pandemic on mental health in 2021 and 2022. The Ministry of Equality between Women and Men commissioned a study on the mental health effects of the crisis on gender equality, which builds on the COME-HERE international comparative study on the effects of the crisis on the general population.
III.Legislative framework
Response to the issues and questions contained in paragraph 3
17.A study was undertaken in which an inventory was drawn up of all schoolbooks, to adapt the content to the diversity of today’s society (such as differences in family make-up, parenting, sexual orientation, gender identity and neutrality of roles). On the basis of that study, several manuals have already been updated.
18.The Department for the Coordination of Educational and Technological Research and Innovation (Service de coordination de la recherche et de l’innovation pédagogiques et technologiques (SCRIPT)), which is responsible for supporting the primary and secondary education sector in the development of school quality, has added an explicit reference to sexual orientation and gender identity as a school quality criterion under “health promotion”.
19.This reference reads: “Prevention of and response to violence and discrimination committed on the basis of sexual orientation, gender identity or gendered characteristics”.
20.Henceforth, schools will be encouraged to take a critical look at the measures that they have put in place for inclusive education.
21.It is worth noting that the National Education Training Institute is also recommending training on the use of gender-sensitive language, in order to raise awareness among teachers of hidden stereotypes and to encourage them to reflect on how they view their own role.
IV.Women and peace and security
Response to the issues and questions contained in paragraph 4
22.The Ministry of Foreign and European Affairs has continued its efforts to ensure greater representation of women in electoral observer and civilian missions to which Luxembourg contributes personnel. The principle of equal representation has been systematically taken into account in the selection of candidates for European Union election observation missions. In 2022, Luxembourg was unable to achieve parity: 45 per cent of its candidates for European Union missions were female and 55 per cent male. In 2021, however, 52 per cent of such candidates were women.
23.In the context of the civilian side of the Common Security and Defence Policy and the Civilian Common Security and Defence Policy Pact, Luxembourg has committed, in its national implementation plan, to promoting the topic of women and peace and security and the increased representation of women in civilian missions. A female police commissioner from Luxembourg was seconded to the European Union Police Mission for the Palestinian Territories from April 2021 to June 2022. On the initiative and under the leadership of the Commissioner of the Grand Ducal Police, the mission launched a network of female members of the Palestinian Civil Police. As lead donor, Luxembourg provided financing of €51,000 for the conference held on 17 and 18 May 2022 in Ramallah on shaping the future of Palestine policewomen, at which the network was launched. More than 300 policewomen attended the event, including policewomen from Jordan and Türkiye, along with the Chief of Police and the Minister of the Interior.
24.The Ministry of Foreign and European Affairs also continued its efforts to strengthen the representation and participation of women in international organizations. The gender dimension has been systematically taken into account in decisions on support for candidacies. In 2022, Luxembourg supported women in 54 per cent of elections, even though they represented only 42 per cent of candidates.
25.A key priority for army and defence leadership continues to be increasing both the number of female military personnel and the appeal of military and voluntary service careers. A gender perspective is taken into account in recruitment advertisements and publications so as to highlight the diversity of the workforce and the ability of women to perform operational jobs. Similarly, analyses are regularly carried out in cooperation with external actors to help identify other factors contributing to the army’s appeal to women.
26.A gender perspective is also taken into account at the recruitment level through the establishment of non-discriminatory tests for women, much like adapted sporting events. Collaboration with an external social services provider to provide support for the families of military personnel deployed abroad continued in 2022, and the scope of the national plan was expanded to include operational activities.
27.At an organizational level, the Women’s Committee, which has a mandate to encourage regular exchanges with the military command on major issues related to making careers in the army even more appealing to all genders, has grown in importance. The Committee regularly takes part in national events to promote diversity within the army. Lastly, the army continued to apply a zero-tolerance policy regarding all forms of sexual and psychological harassment based on gender.
V.Extraterritorial State obligations
Response to the issues and questions contained in paragraph 5
28.On 22 June 2018, the Government Council adopted the first national action plan for the implementation of the Guiding Principles on Business and Human Rights, for the period 2018–2019. The report on implementation of the programme of work was adopted by the Government on 26 July 2019. In December 2019, the Government adopted a second national action plan, for the period 2020–2022. Both versions of the national action plan are available on the website of the Office of the United Nations High Commissioner for Human Rights.
29.Implementation of the specific measures set out in the second national action plan is currently under way. An ad hoc multi-stakeholder working group, composed of representatives of various ministries, civil society and the private sector and chaired by the ambassador-at-large for human rights, has been tasked with monitoring the plan’s progress. One specific measure concerns the promotion of the Guiding Principles on Business and Human Rights in international forums and through international relations, including international economic relations and relations with cooperation partner countries.
VI.Women’s access to justice
Response to the issues and questions contained in paragraph 6
Raising awareness among the general public about legislation and remedies available
30.The legal information service on family law provides general legal information on the following specific topics:
•Divorce and separation
•Domestic violence
•Parental lineage and parental authority
•Sexual abuse
31.Legal information is provided free of charge, on a walk-in basis, on Wednesday mornings at the Cité judiciaire, during a personal and confidential interview with a jurist (law officer, law clerk or attorney).
32.The Victim Support Service (Central Social Support Service, Prosecutor’s Office) helps victims who have suffered psychological and/or physical harm as a result of a criminal act (threats, domestic violence, sexual assault, murder, assault and battery, sexual abuse, obsessive harassment or stalking). The Service is also open to those who, through their relationship with the victim(s), have shared in their suffering, as well as to witnesses of criminal offences.
33.The team offers psychological and psychotherapeutic support, informs victims of their rights (including by providing information on the law on victims of criminal offences, legal proceedings and the law on compensation for victims of violent crime) and can support them during legal proceedings. The Service also offers group therapy for victims of domestic violence. Consultations are free of charge.
Authorization of non-profit organizations to represent victims in court
34.Any non-profit association of nationwide scope whose statutory activity consists of combating discrimination which has had legal personality for at least five years prior to the events and which has previously been approved by the ministry entrusted with matters of justice may appear before the civil or administrative courts to assert rights that accrue to a victim of discrimination with regard to events that constitute a violation under the law and cause direct or indirect injury to the collective interests that it is established to defend by virtue of its statutory purpose, even if it cannot show a material or moral interest in the matter.
35.However, when the offences were committed against individuals, the non-profit association may exercise by way of a principal action the rights of a victim of discrimination only on the condition that the persons concerned expressly state in writing that they have no objection.
36.At present, the following non-profit associations have been approved under the Act of 19 July 1997 on the subject of race and ethnic origin: Association de soutien aux travailleurs immigrés (ASTI), Centre de liaison, d’information et d’aide pour les associations des projets au Luxembourg (CLAE) and Action Luxembourg ouvert et solidaire-ligue des droits de l’homme; ASTI, Info-Handicap (Conseil national des personnes handicapées), Chiens guides d’aveugles au Luxembourg, Action Luxembourg ouvert et solidaire-Ligue des droits de l’homme and Caritas were approved under the Act of 28 November 2006; and the Luxembourg National Council of Women was approved under the Acts of 21 December 2007 and 13 May 2008.
Access to free legal aid
37.There are several options for receiving legal aid for free (or at a reduced cost) which are available to everyone, without discrimination.
38.The reception and legal information services attend to any person who wishes to obtain information and referral to the appropriate services, in particular, in the fields of civil law, tenancy law, criminal law and employment law.
39.Persons wishing to be informed free of charge about the extent of their rights and/or the means of enforcing those rights can contact the information service provided by lawyers. The service is available on Saturday mornings at Cité judiciaire and Friday afternoons at the Diekirch courthouse.
40.The legal aid service (Ordre des avocats du barreau de Luxembourg) provides legal aid to those who are unable to find a defence attorney or who lack sufficient financial resources to pay for their own defence.
41.Access to legal aid in Luxembourg is not limited to the country’s nationals, but extends to a wide range of persons.
42.Nationals of States members of the European Union, foreign nationals authorized to reside in Luxembourg, foreign nationals that are treated as Luxembourg nationals with regard to legal assistance under an international treaty, and foreign nationals involved in procedures related to asylum, residency, settlement, access to or removal from national territory all have access to legal aid.
43.In addition, the Ministry for the Family, Integration and the Greater Region, through annual agreements with civil society actors (ASTI, CLAE and Caritas), supports help desks that provide information, guidance and counselling (such as the Info-Migrants desk). These provide information and administrative assistance on issues related to immigration, residency and integration to the public concerned, including women from immigrant backgrounds.
VII.National machinery for the advancement of women
Response to the issues and questions contained in paragraph 7
Comprehensive national strategy
44.The 2020 national action plan for equality between women and men is aimed at promoting gender equality and combating gender-based discrimination, as cross-cutting issues in all areas of our society, and at fully funding partners of the Ministry of Equality between Women and Men that provide support in achieving these objectives.
45.Promoting gender equality and combating gender-based discrimination, including combating domestic violence and gender-based violence against women and girls as well as men and boys, are central considerations in the gender equality policy of Luxembourg. Gender equality is now perceived from both the female and male perspectives and is an integral, cross-cutting element of government policy in most areas.
46.In this context, the Government of Luxembourg is applying its “gender mainstreaming” strategy to integrate the gender dimension into all policies, measures and actions, in order to respond more appropriately and effectively to the needs of all citizens.
47.Equality policy is governed by the provisions of the 2018–2023 government programme and by the multi-year national action plan, which builds on the previous plans. It is a flexible, open-ended plan that allows for simplified dialogue with relevant actors and consideration of ongoing changes at the various levels of the areas that it covers. The plan has priorities for action in the following main areas:
•Encouraging and supporting civic and political engagement
•Combating stereotypes and sexism
•Promoting equality in education
•Advancing equality at work
•Promoting equality at the local level
•Combating domestic violence
•Fostering the development of a more egalitarian society
48.Each of the seven areas contains measures both to promote equality and to combat gender-based inequality and discrimination.
Evaluation of implementation
49.As coordinator, the Ministry of Equality between Women and Men monitors the implementation of the national action plan through the Interministerial Committee for Equality of Women and Men, in which each ministerial department is represented and directly and specifically involved in achieving policy objectives.
50.The first interim evaluation report was published in 2023 to assess the extent of implementation and reflect the changes that had occurred.
Equality Observatory
51.In January 2023, a draft law to create a gender equality observatory was submitted to establish the legal basis for the Equality Observatory that had existed since 2019. Through this law, the Ministry of Equality between Women and Men ensures the continuity and consolidation of the Observatory.
52.The main objectives of the Equality Observatory are:
•To provide a set of objective data to assist stakeholders working in the field of equality to make the right choices in terms of gender equality policies
•To supply field practitioners with information enabling them to evaluate and, where necessary, adapt their work
•To seek cooperation with other national and international public observatories
•To monitor and examine gender equality developments in Luxembourg
53.In addition, the above-mentioned draft law provides for the creation of a technical committee within the Observatory tasked with:
•Examining and evaluating statistics on gender equality
•Discussing trends in equality data
•Ensuring the expansion of the areas covered by the Observatory
Eliminating intersecting forms of discrimination
54.Article 15 of the Constitution provides that “citizens of Luxembourg are equal before the law...Women and men have equal rights and duties. The State shall actively promote the elimination of any obstacles that exist in relation to gender equality”.
55.With regard to gender equality within religious communities, article 14 of the Constitution provides that “all persons have the right to freedom of thought, conscience and religion”. Article 24 provides that “the freedom to manifest one’s philosophical or religious beliefs and the freedom to adhere or not to adhere to a religion are guaranteed...The freedom of worship and the freedom to practice religion are guaranteed”.
56.In addition, the fundamental right to freedom of religion is enshrined in article 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights).
57.The State must reconcile these rights to achieve a reasonable balance. Intervention by the State, for example, in the issue of priestly celibacy or the ban on women’s ordination to the priesthood in the Catholic Church would constitute State intervention in religious beliefs and therefore conflict with the principle of religious freedom, as enshrined in our Constitution.
58.The aforementioned articles of the Constitution guarantee gender equality, in particular regarding action specifically in support of women from religious minorities.
Comprehensive strategic framework
59.The Ministry of Equality between Women and Men regularly commissions studies with a view to examining and assessing situations related to the source of persistent inequalities, in particular discriminatory stereotypes, and the roles and responsibilities of women and men in the family and in society.
60.On 4 June 2019, the Ministry of Equality between Women and Men and the University of Luxembourg presented the results of the #lëtzstereotype18 study on gender stereotypes. The study served to examine the causes and factors influencing the construction of stereotypes among young Luxembourg teenagers aged between 14 and 30 who were asked to answer a comprehensive questionnaire between November and December 2018 on the attitudes, prejudices and stereotypes that exist reciprocally for both sexes.
61.The presentation of the results of the #lëtzstereotype18 study marked the beginning of three years (2019–2022) of cooperation between the Ministry of Equality between Women and Men and the University of Luxembourg on a three-year doctoral thesis project entitled “From stereotypes to hostile sexism – a psychological analysis of conceptions about gender”. As part of the study, the University produced “Webtalks”, virtual presentations on gender stereotypes.
Equality delegates
62.In Luxembourg, equality delegates are appointed in every ministerial department and administrative body. The position of equality delegate in the civil service was introduced by the Grand-Ducal regulation of 5 March 2004, establishing the appointment process for and rights and duties of equality delegates within ministerial departments and administrative bodies.
63.The equality delegate works to promote an equal working environment for women and men. He or she ensures that there is no inequality or discrimination in access to employment or working conditions. In general, he or she seeks to solve problems directly or indirectly associated with gender equality issues in the workplace.
64.He or she can assess situations involving discrimination and inequality and make recommendations to his or her management team on preventing and combating gender-based discrimination and promoting equality, in particular with regard to taking parental leave, accessing training or senior positions or achieving a work-life balance.
65.The equality delegate is the contact person for anyone who feels or is discriminated against, or psychologically or sexually harassed by one or more colleagues or superiors. He or she advises and supports victims of discrimination or harassment and refers them to organizations that can help them and to the civil service counselling service. The equality delegate can also organize awareness-raising activities, training, and prevention campaigns and introduce a charter of good conduct or even a procedure for the non-formal and formal handling of victims of discrimination (pathways, complaints and disciplinary measures).
66.The delegate’s remit covers gender equality issues only and no other grounds for discrimination set out in law.
67.In 2006, the position of equality delegate was introduced in the municipal sector by the Grand Ducal regulation of 11 September 2006.
68.In the private sector, equality delegates were first introduced under the Staff Delegations Reform Act of 7 July 1998. At the time, the legislature was seeking to take into account the particular difficulties encountered by employees in the workplace and, specifically, an increase in complaints of both sexual and workplace harassment. An equality delegate must be appointed in all companies with 15 employees or more.
69.Today, 40 of the 120 gender equality delegates have been appointed in ministerial departments and administrative bodies of the State.
70.To further promote the role of the equality delegate and strengthen the network of equality delegates in the public sector and municipalities, the Ministry of Equality between Women and Men has implemented a new tool for delegates to use in providing, sharing and exchanging information.
71.The new website megadelegates.lu provides the latest news on the equality delegate role, useful document templates and a directory of all equality delegates in the public sector. The main element of the site is an interactive forum where users can ask and answer questions. In the long term, this question and answer format will cover all important elements of the role of equality delegate.
VIII.National human rights institution
Response to the issues and questions contained in paragraph 8
72.In 2021, the secretariat of the Advisory Commission on Human Rights was bolstered by the recruitment of an additional lawyer. The team currently consists of six positions, two of which are part-time. The Government regularly calls upon the Advisory Commission to provide its opinion on draft laws, and the complexity of its opinions has increased steadily. Unfortunately, the Commission’s resources have not kept pace with the rising workload. An increase in resources, as recommended by the Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions, is therefore necessary for the Commission to be able to fulfil its mission of promoting and protecting human rights.
73.The Mënscherechtshaus(Human Rights House), which opened its doors in October 2020, was created to be a unique venue for public, neutral and independent organizations that promote and defend human rights, giving visibility to human rights and facilitating public access. The Mënscherechtshaus brings together the Advisory Commission on Human Rights, the Ombudpersons for Children and Young People and the Centre for Equal Treatment, with a view to creating synergies between the three institutions while respecting the identity, profile and specific aspects of each. In addition, the Mënscherechtshaushas a specialized human rights library that is open to the public.
IX.Temporary special measures
Response to the issues and questions contained in paragraph 9
74.Since municipalities play a pivotal role as key stakeholders in the field, the Equality and Municipalities Department aims to strengthen the sustainability of their actions and projects, create joint synergies, and support and advise them.
75.To encourage the promotion of gender equality at the local level and develop targeted actions, the Ministry of Equality between Women and Men conducted a national survey in 2020 to measure gender equality at the municipal level. It highlighted that 92 per cent of municipal authorities acknowledge gender equality as a core value, while only 17 per cent of small municipalities and 68 per cent of large municipalities consider themselves a local driving force in advancing equality.
76.Following the national survey, the Ministry of Equality between Women and Men introduced a support and guidance strategy for municipalities, which included the creation of a website offering a repository of best practices, a starter kit for municipalities newly addressing the issue, and useful information on formulating a local equality action plan.
77.In addition, the Equality and Municipalities Department offers municipalities a customized advisory service and targeted cooperation to support them in promoting equality. The “MEGA Plus” programme provides municipalities with a custom agreement in which the Ministry of Equality between Women and Men defines the cooperation needed to conduct activities to promote gender equality at the municipal level. The repository of best practices in particular enables municipal policymakers to select targeted, customized activities in order to promote gender equality at the local level.
78.Moreover, to increase women’s representation at the local level, in January 2023, five months before the municipal elections, the Ministry of Equality between Women and Men launched the “Vivons l ’ égalité” (Let’s live equality) campaign, which is based on three pillars: a social media campaign with testimonials from women on their experiences as municipal representatives, open days in the municipalities, and training cycles.
79.The campaign was designed for the long term and is aimed at improving the representation of women in municipal politics. Before the municipal elections in June 2023, only 280 women served on municipal councils, of whom 227 were councillors (compared with 533 men councillors), 37 alderwomen (compared with 189 aldermen) and 16 mayoresses (compared with 86 mayors).
80.In the legislative elections of October 2023, 278 of the 649 candidates, or 42 per cent, were women, as compared with 371 men. Of the 60 candidates elected to the Chamber of Deputies in the previous legislative elections of 2023, 18 are women.
81.Furthermore, the Equality and Education Department promotes equality among children and young people from the earliest age. It does so to develop their awareness of equality, to equip them for everyday life and to combat and weed out gender stereotypes and prejudices, which fuel gender-based inequality and discrimination, including in the form of violence.
82.The Prime Minister and Minister of Communications and Media of Luxembourg is one of 26 European Union ministers who signed the declaration of December 2019 aimed at encouraging women to play a lead role in the digital and technology sectors. The digital gender policy of Luxembourg is an action-based policy in which the Department of Media and Communications works with the Ministry of Equality between Women and Men, the National Employment Agency, the University and the Ministry of Education, Children and Youth.
83.Enhanced cooperation between the main digital- and skills-oriented public stakeholders is intended to promote digital gender equality in jobs and in skills projects wherever possible.
84.In addition, the Government encourages wider awareness of how algorithms govern the way in which we access information online. It is important for more women to become programmers in order to bridge the gender gap.
85.The Government actively promotes and jointly funds information technology mentoring programmes for female students, such as Women Cyber Force and the Luxembourg association GirIsinTech.
86.In terms of women’s representation, Luxembourg has introduced a voluntary quota of 40 per cent representation for women in the public sector.
87.Moreover, the amended Act of 21 December 2007 regulating the financing of political parties contains rules for the balanced representation of candidates of each sex on candidate lists for legislative (40 per cent) and European (50 per cent) elections.
88.Under the Luxembourg Coalition Agreement for 2018–2023, emphasis continued to be placed on a policy that favoured a more balanced representation of women and men at the decision-making level, in particular in the political and economic spheres. The aim was to achieve 40 per cent representation of persons of the underrepresented gender on the boards of directors of public establishments, as well as on the boards of directors of private companies in which the State might participate as a shareholder.
X.Stereotypes
Response to the issues and questions contained in paragraph 10
89.Combating negative images of women and girls in the media is one of the audiovisual policy priorities of the Government of Luxembourg. That is why the Government has undertaken to initiate discussions with stakeholders to develop a strategy against sexist stereotyping in advertising.
90.A multi-year project conducted by the University of Luxembourg in partnership with the Ministry of Equality between Women and Men, on stereotyped roles in the media, was presented to the press in 2013.
91.On 27 January 2021, in order to promote targeted discussions on the matter, the Ministry welcomed representatives of the Press Council, the president and representative of the publishers’ group and a representative of the professional journalists’ group, for an exchange of views on the subject of gender representation in the media.
92.To gain a clear understanding of the distribution of gender representation in the daily media, in 2021, together with the Luxembourg National Council of Women, the Ministry participated in the third edition of the Global Media Monitoring Project. The aim of the Project is to quantitatively and qualitatively assess the respective presence of women and men in the media. For the 2020 edition, it was found that women and girls made up only one quarter of the people represented in the articles selected for study.
93.Under the Luxembourg Coalition Agreement for 2018–2023, emphasis continued to be placed on a policy that favoured a more balanced representation of women and men at the decision-making level, in particular in the political and economic spheres. The aim was to achieve 40 per cent representation by persons of the underrepresented gender on the boards of directors of public institutions, and on the boards of directors of private companies in which the State might participate as a shareholder.
94.Since 1991, Luxembourg has had binding regulations aimed at combating sexist discrimination in media and advertising. Under article 26 bis of the Electronic Media Act of 27 July 1991, audiovisual and audio media services may not contain any incitement to hatred on the basis of race, sex, opinion, religion or nationality. Article 27 bis stipulates that commercial audiovisual communications may not undermine human dignity, or involve discrimination on the basis of sex, racial or ethnic origin, nationality, religion or beliefs, disability, age or sexual orientation.
95.In 2013, Luxembourg created the Luxembourg Independent Audiovisual Authority, a government agency responsible for overseeing the proper application of regulations in effect in the field of audiovisual media. Any individual or legal entity considering themselves wronged by the content of a service may lodge a complaint with the Authority, insofar as the content infringes upon the protection of minors or human dignity or contains elements of pornography. In the interests of transparency, the Authority publishes all decisions taken by its board of directors on its website. Between 2014 and 2017, five complaints of discrimination and/or gender bias were lodged.
96.A Press Council was created in 1979, to recognize and protect the professional title of journalist in Luxembourg. A joint body comprising journalists and publishers, the Council is responsible, among other things, for the granting and withdrawal of press cards. Under article 5 of the Council’s Code of Ethics, the provisions of which apply to all members of the Luxembourg press, the press must undertake to avoid and oppose any discrimination based on sex, race or other grounds, while ensuring respect for fundamental human rights.
97.Moreover, all draft laws must be accompanied by an impact assessment of the text with regard to gender equality.
98.Each legislative act must also be accompanied by a sustainability audit aimed at assessing, among other things, the impact of the act on various groups of people. Any impact on gender equality is thus assessed as a priority in connection with social inclusion and education for all. The 10 priority fields of action to be evaluated under the sustainability audit are those set out in the national sustainable development plan, the main instrument used for implementing the 2030 Agenda for Sustainable Development of the United Nations.
99.In terms of capacity-building, the Ministry of Equality between Women and Men organizes training courses at different levels and for various target audiences, as set out below.
Training for municipal employees and trainees
100.Gender equality training courses are attended by some 300 trainees each year. Participants are instructed on the concepts of gender equality, the various forms of discrimination, the major United Nations conventions on gender equality, the integration of gender equality into the Treaty of the European Union and the Charter of Fundamental Rights of the European Union and their implementation in Luxembourg legislation. The course also offers explanations of the various bodies that municipalities can establish to ensure equality.
Training for civil servants and government employees
101.Unlike municipal trainees, civil service trainees are not obliged to take gender equality training. However, any interested government employee may register.
Training for civil service equality delegates
102.The Ministry of Equality between Women and Men offers specific training for government employee equality delegates to provide detailed information about their rights and duties, in particular with regard to the two pillars of their missions, namely ensuring that all staff enjoy equal opportunities in the workplace, and counselling people who have been subjected to gender-based discrimination, including psychological and sexual harassment.
Training on the development of a local action plan
103.Any other municipal employee who works in the field of equality may attend this training course. It provides information on defining municipality priorities, seeking out best practices, developing a local action plan and collaborating with the Ministry of Equality between Women and Men through a dedicated agreement, and on the signing of the European Charter for Equality of Women and Men in Local Life.
Training for new recruits to the Luxembourg army
104.Although training on gender equality is not compulsory for military trainees, the Ministry holds an introductory course on the topic two or three times a year for new recruits.
Information session for municipal employees
105.Upon request by a municipality, the Ministry of Equality between Women and Men offers basic gender equality training for its staff.
Training for newly elected municipal officials
106.As it has done in the past, the Association of Luxembourg Cities and Municipalities holds a pre-service training course for new municipal council members. The course is provided in close collaboration between the Ministry of the Interior, the Ministry of the Civil Service and the National Institute of Public Administration. The course began in September 2023 and consists of eight 3.5-hour modules. Similarly, the Ministry of Equality between Women and Men offers a one-hour training course on gender equality for municipalities.
XI.Harmful practices
Response to the issues and questions contained in paragraph 11
107.The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), signed in Istanbul on 11 May 2011, was ratified through the Act of 20 July 2018 approving the Convention.
108.Other offences referred to in the Istanbul Convention are also criminalized under various offences in national law.
Combating female genital mutilation
109.In particular, the aforementioned Act introduced female genital mutilation as an offence in the Criminal Code (art. 409 bis), punishable by three to five years’ imprisonment and a fine of 500 to 10,000 euros. Higher penalties are also provided for, in particular when committed against a minor.
110.In order to combat female genital mutilation and gender-based violence in general, Luxembourg plans to develop a more inclusive approach through the establishment of a comprehensive and sustainable strategy to prevent and combat all forms of violence covered by the Istanbul Convention. Consideration is currently being given to the implementation of that strategy, which remains to be endorsed by the new Government. It will be developed through interministerial and interdisciplinary collaboration by all relevant stakeholders.
Combating forced marriages
111.Forced marriage is criminalized under article 389 of the Criminal Code, which carries a prison sentence of one to four years and a fine of 20,000 to 40,000 euros.
112.In addition, a new provision was introduced in the Marriage Reform Act of 4 July 2014. Following the amendment to article 180 of the Civil Code, the State prosecutor of the relevant jurisdiction can now request the annulment of a marriage to which the consent of one of the spouses has been invalidated. The new provision will act as a stronger deterrent, in particular against families arranging marriages without the free consent of their children.
Awareness-raising and information campaigns for at-risk populations
113.Through annual agreements with civil society stakeholders (ASTI, CLAE and Caritas), the Integration Department of the Ministry of the Family, Integration and the Greater Region supports help desks that provide information, guidance and counselling services to any individual with questions about his or her personal situation. Along with municipal social services, such services are specifically aimed at migrants. Women with specific questions about their personal situations, including in connection with domestic violence, may also use the services. In such cases, individualized care and social support serve in helping to combat violence against women.
114.Through information sessions on life in Luxembourg provided under the Supported Integration Programme, applicants for and beneficiaries of international protection receive information on the topics of sexism and gender-based violence. Videos are used to convey messages. Information is also provided about existing support mechanisms. Shelter managers are required to attend training courses on these topics as well.
Raising awareness among children about the fight against gender-based and sexual violence
115.The Ministry of Education, Children and Youth raises awareness among young people about women’s rights and the prohibition of discrimination through age-appropriate campaigns.
116.A two-to-three-hour workshop, entitled “Ech sinn de Chef vu mengem Kierper !”, was created to support pupils in primary school cycles 2 to 4 in developing their self-esteem and resilience skills, while also raising awareness about all forms of violence. The workshop, facilitated by a SCRIPT staff member, is based on the following six pillars, playfully presented through theatre and music:
•My body belongs to me!
•I know the difference between pleasant, unpleasant and strange touching.
•I trust my feelings.
•I have the right to say no!
•I know the difference between good secrets and bad secrets.
•I can and must ask for help if I need it.
117.Accompanied by an exhibition entitled “Mon corps est à moi” (My body belongs to me), the workshop ran from 21 April to 14 July 2021, organized by SCRIPT in collaboration with the National Education Training Institute and several other partners. The exhibition was aimed at pupils in primary school cycles 3 and 4, interested teachers and workers in psychological, social and educational fields. The goal was to raise pupils’ awareness of violations of sexual boundaries, and to boost their self-esteem and their ability to protect themselves. Information was also provided on the right of girls and boys to protection and support.
118.A teacher resource pack and a booklet were also published in three languages (English, French and Luxemburgish), to help educators to present the six principles of the “A wien ass dann hei de Chef” story without external intervention.
119.Upon request by secondary school teachers and administrators, Planning familial, a family planning agency, visits classrooms to conduct activities on emotional health and sexual education. The visits are conducted on an ad hoc basis, in collaboration with teachers. The agency also offers continuing education courses at the National Education Training Institute for primary school teaching and support staff.
120.The National Children’s Bureau is a government entity under the supervision of the Ministry of Education, Children and Youth. It offers help and support to children, teenagers, young adults and families experiencing difficulties, for example in the form of psychological counselling or social or educational assistance to families.
121.Preventing sexual abuse is one of the topics covered in a course on life and society, entitled “VieSo (Vie et société)”, aimed at teaching children and young people about their rights and the recourses available to them.
122.The National Education Training Institute offers a course on understanding, recognizing and acting on sexual violence, entitled “Sexuelle Gewalt : Verstehen – Erkennen – Handeln (ESEB Dir 1)”. The aim of the course is to impart knowledge about sexual violence, its dynamics and its effects on those involved. A detailed examination will subsequently be made on how to support any children affected by it.
123.In addition, the Institute offers a training course on children and domestic violence, designed to provide teachers with the tools they need to support victims of domestic violence. The Alternatives service of Fondation Pro Familia has produced two booklets to support and help families affected by domestic violence, with the following content:
•A story in which children between the ages of 6 and 12 are invited to reflect on various aspects of the emotional experience of violence and to develop personalized resolution strategies.
•An information booklet for adults on the experiences and needs of child victims of rape.
Response to the issues and questions contained in paragraph 12
124.Any person, regardless of nationality or age, may request a change to their gender indicated in the register of civil status, subject to compliance with the conditions defined in the Act of 10 August 2018 on changing the indication of one’s gender and given name(s) in the register of civil status. Such requests may be made without any requirement for medical treatment, surgery or sterilization. In fact, article 2 of the Act expressly stipulates that the fact of not having undergone medical treatment, surgery or sterilization cannot be a reason for refusing to grant the request.
XII.Gender-based violence against women
Response to the issues and questions contained in paragraph 13
Psychological violence
125.Psychological violence is criminalized through a variety of offences (obsessive harassment; torture; use of threatening hand gestures or hate symbols; verbal or written threats; child neglect; family abandonment; defamation, slander or libel; minor verbal insults; assault or minor violence). Some of those offences involve aggravating circumstances when committed in the context of domestic violence.
126.In addition, the Act of 28 March 2023 includes a general aggravating circumstancefor crimes and misdemeanours motivated by discrimination, in accordance with article 454 of the Criminal Code. This allows the courts to consider the possibility that an offence has been committed against a person because of an element listed in article 454, which would lead to an increased penalty. The motives for hatred that may be taken into account as aggravating circumstances are as follows:
•Origin
•Skin colour
•Sex
•Sexual orientation
•Gender reassignment
•Gender identity
•Family situation
•Age
•Health condition
•Disability
•Customs and traditions
•Political or philosophical views
•Labour union activities
•Affiliation or non-affiliation, whether real or assumed, with a specific ethnic group, nation, race or religion
Free support services
127.The police department’s victim protection unit is always available by telephone and has the financial resources to place victims of trafficking in a secure location at any time.
128.In addition, a national helpline for women and men who have been victims of domestic violence, or who have been caught up in the cycle of domestic violence, was launched in April 2020, during the COVID-19 pandemic, by the Ministry of Equality between Women and Men, jointly with its various partner agencies. Currently, the helpline is run by Fondation Maison de la porte ouverte and Fondation Pro Familia. Visitors to the website are invited, in five languages (French, English, German, Portuguese and Bosnian), to become more aware of the issue and to take action through the “Don’t stay alone, ask for help” campaign. The helpline is free of charge and available seven days a week, from noon to 8 p.m. Calls are confidential and anonymous.
129.The helpline’s permanent staff members are trained social workers from the above-mentioned partner agencies. On weekends and after 8 pm, the helpline is staffed by trained volunteers from the non-profit organization SOS Détresse.
130.As part of the private accommodations service of the National Reception Office, a social worker is on call on weekdays, from 9 a.m. to noon and from 2 to 5 p.m. Information gathered by the supervisory staff remains confidential and bound by professional secrecy, thus ensuring caller anonymity.
131.The presence of supervisors, who can also be contacted in an emergency, and security guards in shelters is guaranteed. An emergency procedure is in place and relocations are possible in the event of serious incidents.
132.In addition, the Kanner-Jugendtelefon (children and youth telephone) hotline offers counselling services for children and young people. Consultations, which are anonymous, confidential and free of charge, can be conducted over the phone, online or through a live chat function. Children and young people who call receive support in dealing with situations involving sexual violence, sexuality and domestic violence.
Capacity-building
133.Draft law No. 8299 to amend the amended Act of 7 March 1980 on the organization of the judiciary, with a view to establishing a multi-year recruitment programme for the judiciary, is aimed at establishing a recruitment programme covering six judiciary years.
134.In addition, the number of prison staff is steadily being increased, with large-scale recruitments carried out in preparation for the opening of the Uerschterhaff prison.
135.The criminal investigation police also has a specialized unit for victim protection, independent of investigations. In the case of minor victims, they work closely with the youth protection section. The unit has recently been strengthened by the addition of a female investigator, which enables victims to exercise their right to be heard by an officer of the same sex.
136.As part of the ongoing digitalization process, considerations are ongoing as to which data could be collected on a new Polis platform.
137.In terms of prevention, a training course entitled “Meine ich wirklich , was ich sage? – eine Auseinandersetzung mit diskriminierungsbewusster Sprache” (Do I really mean what I say? An examination of discrimination-conscious language) is designed to educate people about discriminatory, biased or degrading wording and imagery that can be found in German-language media – including school textbooks – or that are currently being used in communications. The course highlights the need to be more sensitive to stereotypes, prejudices and generalizations. Participants address the notions of and images associated with (sub)conscious devaluing, unequal power relations that have developed over the course of history and ways to refer to oneself and to others. The goal is to seek answers on how to live up to one’s responsibilities, in a diverse society and for the young people entrusted to one’s care, using wording that is sensitive to diversity and respectful of values, as well as egalitarian and, if possible, non-exclusionary forms of expression.
138.The booklet entitled “STOPP – Keine sexuelle Gewalt gegen Kinder!”, aimed at preventing and protecting children from sexual violence, is intended to be a tool to help both teachers and parents alike to address the subject of sexual violence with children, without frightening them or creating a climate of mistrust towards their adult environment. The booklet was designed and written to be read and discussed in class with a teacher, before being read by children alone or with their parents. Intended for pupils in primary school cycle 3, it contains a description of three situations involving children in danger, along with various ways for dealing with them. It also provides information on points of contact and support services in Luxembourg.
139.The National Education Training Institute also offers awareness-raising and capacity-building courses for teachers, aimed at providing them with the tools and information they might need to help women and girls who have been victims of violence. Several seminars on the subject of sexual violence and prevention when working with children and young people are planned for 2024.
Legal, social and financial support
140.With regard to legal support, all victims of crime are entitled to benefit from legal aid when filing a civil action, regardless of nationality or residence status in Luxembourg (as is the case for all victims of criminal offences subject to criminal proceedings in Luxembourg). The condition of insufficient resources must nevertheless be met. An Act adopted on 7 August 2023 introduced partial legal aid to enable people with modest incomes, but somewhat higher than the social inclusion income, to benefit from legal aid.
141.There are no specialized units dedicated to domestic violence within the courts, but all judicial officers, who are subsequently assigned to both the trial courts and the Prosecution Service, attend a one-day (8-hour) training course on the topic, with a particular focus on the special provisions and procedures of the Domestic Violence Act of 8 September 2003.
142.Those involved are: a public prosecutor; two representatives of agencies providing support to victims of domestic violence (currently two branches of the non-profit organization Femmes en détresse: one providing general assistance for victims of domestic violence and one providing psychological support for children and adolescents who are victims of domestic violence); and two representatives of a service aimed at perpetrators of domestic violence (the Riicht Eraus unit of the Luxembourg Red Cross). In addition, as part of their ongoing training programme, prosecutors can take a course on domestic violence at the École Nationale de la Magistrature.
Statute of limitations
143.The Act of 7 August 2023 amending the Criminal Code and the Code of Criminal Procedure with a view to strengthening the means of combating the sexual abuse and exploitation of minors provides for no statute of limitations on the offence of rape of a minor.
Response to the issues and questions contained in paragraph 14
144.In the data on the number of victims of domestic violence presented in their respective annual reports, the Cooperation Committee, the Equality Observatory and the various agencies that partner with the Ministry of Equality between Women and Men distinguish between psychological, physical and sexual violence, and between gender, age and the relationship between victim and perpetrator, but do not specify whether the violence suffered by victims is because they are women.
145.To date, no proven cases of forced marriage, forced sterilization or forced abortion, genital mutilation or so-called honour killings have been recorded, nor given rise to any complaints, prosecutions or judgments. Consequently, no data can be provided on the specific type of violence referred to in the question.
XIII.Trafficking and exploitation of prostitution
Response to the issues and questions contained in paragraph 15
146.In 2022, 57 potential, presumed or identified women victims were recorded in Luxembourg. There were 20 men victims. All these people are adults. The vast majority of the women victims were sexually exploited and are of Russian or Ukrainian origin.
147.The following laws have contributed to strengthening the legal framework:
•The Legal Aid Act of 15 December 2020, whereby the framework on legal aid was adapted such that any victim of a crime can receive such aid, regardless of residence status or nationality
•The Act of 15 December 2020, whereby the Protocol of 2014 to the International Labour Organization Forced Labour Convention, 1930 (No. 29), was approved
•The Act of 16 June 2021, whereby article 95, paragraph 2, of the Immigration Act was amended to specify that residence permits issued to victims of trafficking are renewable for consecutive periods of six months for the duration of the legal proceedings
148.An important institutional development is the appointment, within the Directorate of Immigration, of a contact person for initiatives to combat trafficking in persons. In addition, the Directorate has appointed individuals responsible for addressing cases of trafficking in each of its departments, namely, the Department for Foreign Nationals, the Department for Refugees, the Department for Returns and the Legal Department.
Investigations
149.In February 2018, the Grand-Ducal Police established the Unit for Fugitive Tracking and Victim Protection, which is responsible for implementing the protection programme, and, in particular, for determining the level of danger and providing care for victims of trafficking.
Capacity-building
150.Investigations into trafficking in persons are one of the four areas of competence of the organized crime section of the Department of Criminal Investigation Police. The section was strengthened by the addition of two investigators, one in 2022 and the other in 2023. In 2022, the section was also strengthened by the addition of a (third) analyst, a civilian public official, who is responsible for supporting investigators in their operational and research work. The members of the section are required to take the in-house and other training courses on trafficking in persons offered by the National Institute of Public Administration.
151.The criminal investigation police also has a specialized unit for victim protection, independent of investigations. The members of this unit receive special training and instruction in caring for severely traumatized victims of trafficking in persons. They ensure that criminal law provisions, particularly those concerning assistance and protection for victims of trafficking, are strictly applied.
152.The Government is working to strengthen the tools available to professionals and stakeholders on the ground through training courses that will necessarily improve detection and capacities for assisting victims of trafficking.
153.The National Institute of Public Administration offered basic training courses for all State and municipal officials. Participants included representatives of the National Reception Office, the Holding facility, the Grand-Ducal Police, Immigration, the Inspectorate of Labour and Mines, the Prison Service and the Judicial Service.
154.Specific training courses were held for the National Reception Office, the Joint Social Security Centre, the Luxembourg Bar Association and civil society stakeholders such as Caritas, the Red Cross, ASTI and Planning familial. The members of the police responsible for identifying applicants for international protection are required to receive training in trafficking in persons.
Regulations on early identification
155.Victims of trafficking are initially identified by the victim protection unit of the criminal investigation police on the basis of evidence, even in the absence of a complaint. They are then given a reflection period to recover physically, psychologically and socially. The victim protection unit works in close collaboration with the non-governmental organization (NGO) InfoTraite in order to offer immediate assistance and protection, and to provide the opportunity to testify at a later stage.
156.Victims of trafficking can be detected throughout the international protection procedure, particularly during the interview with the ministerial official, who pays special attention to the various signs that may be exhibited by victims of trafficking.
157.From a procedural standpoint, as soon as a presumed victim of trafficking is detected, the person responsible for combating trafficking within the Department for Refugees reports the case to the Department of Criminal Investigation Police and notifies the National Reception Office.
158.The material reception conditions at the National Reception Office take into account the particular needs of vulnerable people, including identification by an ethnopsychological team, whose responsibilities include screening new arrivals for mental health disorders and possible sources of vulnerability, in order to refer them to external mental health services.
159.The National Reception Office offers ongoing internal training for staff responsible for monitoring and social supervision of the individuals for whom the Office provides accommodation. A number of training courses are compulsory and must be continuously updated in line with needs identified on the ground. For example, training courses relating to trafficking in persons, female genital mutilation and the LGBTIQ+ community are compulsory for all staff responsible for monitoring and social supervision of individuals for whom the Office provides accommodation.
160.As part of the social and educational framework, instructive projects for children and adults were developed jointly by the National Reception Office and its partners. Information and discussion workshops are regularly held on topics such as sexual and reproductive rights and health, and sexually transmitted diseases.
161.Lastly, through close collaboration with partners, as well as the efforts of the non-profit sector, applicants for international protection and beneficiaries of temporary protection can enjoy an appropriate and dignified standard of living, while having their subsistence guaranteed and their mental and physical health protected.
Allocate sufficient resources
162.The victim protection unit is always available by telephone, and has the financial resources to place victims of trafficking in a secure location at any time. The unit’s human resources were recently doubled in order to address the steady increase in the number of trafficking cases. The unit is required to exchange information with the NGO InfoTraite, with which it works closely. The members of the unit are specially trained to take into account the human factor in this area.
163.In addition, if necessary all stakeholders can count on the effective support of the national committee on combating trafficking in persons, which brings together stakeholders from all sectors.
164.The Service d’Assistance aux Victimes de la Traite des Êtres Humains (Support Service for Victims of Trafficking in Persons) and the Centre Ozanam – Traite des Êtres Humains (Ozanam Centre – Trafficking in Persons), managed by the Fondation Maison de la Porte Ouverte and by the non-profit organization Femmes en détresse, respectively, continue to provide, free of charge and with respect for the wishes of their target population, assistance, as provided for in the above-mentioned law, to identified victims of trafficking in persons according to their specific needs (sex, age, form of trafficking, origin, background, etc.).
165.In November 2020, the Service d’Assistance aux Victimes de la Traite des Êtres Humains and the Centre Ozanam – Traite des Êtres Humains, together with their respective managers, set up a new joint support centre, InfoTraite, which enables the two services to join forces for the benefit of victims of trafficking in persons, and to strengthen their partnership.
166.InfoTraite promotes better coordination between the support services comprising it, enhancement of the visibility of their activities and of their accessibility, and greater consistency in the care provided to victims. Through this collaboration, the Ministry of Equality between Women and Men and its partners are strengthening prevention. Since January 2021, the number of staff of both services has increased.
167.Since the start of the war in Ukraine, there has been a pop-up notification aimed at potential victims from Ukraine. In addition, discussions between the monitoring committee on combating trafficking in persons and representatives of Facebook groups of individuals offering to host Ukrainian refugees were held in order to raise awareness among those groups of the risk of exploitation of such refugees.
168.Victims of trafficking in persons not yet identified by the criminal investigation police receive psychosocial support for such time as may be necessary to allow InfoTraite to build their trust and enable them to cooperate and accept full assistance.
169.In addition to the staff of InfoTraite itself and external providers coordinated by InfoTraite, outpatient care is provided by the Fondation Maison de la Porte Ouverte and the Caritas foundation in their specific facilities for victims of trafficking in persons, including the Maison Centre Ozanam – Traite des Êtres Humains in Ettelbruck (five rooms), l’Etape in Echternach (three rooms) and la Villa in Eischen (nine rooms).
170.Given the limited number of beds available for identified victims of trafficking in persons, in 2022 the Ministry of Equality between Women and Men supported the establishment in the city of Luxembourg of the Maison New Step, a new, seven-bed facility for victims of trafficking in persons, managed by the Fondation Maison de la Porte Ouverte.
Recommendations of the Group of Experts on Action against Trafficking in Human Beings
171.Work on the drafting of a new action plan is under way, including a redesign of the road map and the extension of the available training courses to other stakeholders.
Response to the issues and questions contained in paragraph 16
172.Through the Act of 28 February 2018, a new chapter, Chapter VI-III, entitled “Use of prostitution”, which encapsulates the “Luxembourg model” by incorporating the criminalization of the client, was integrated into the Criminal Code. Article 382-6 of that chapter provides for the criminalization of anyone who solicits, accepts or obtains, in exchange for payment or the promise of payment, relations of a sexual nature from, among others, a minor who is a victim of incitement to immorality, of corruption or of exploitation, and an individual who is a victim of procuring and trafficking in persons. The applicable penalty is eight days’ to six months’ imprisonment and a fine of between €251 and €50,000.
173.These same acts are punishable by a prison sentence of between one and five years and a fine of between €251 and €50,000, if the person engaging in the prostitution is a minor or a particularly vulnerable person.
174.In addition, the Act of 28 February 2018 provides for the establishment of the Prostitution Committee, the composition and organization of which are covered in the Grand-Ducal Regulation of 22 March 2023.
175.In accordance with article 11, paragraph 4, of the Code of Criminal Procedure, as amended by the Act of 28 February 2018, criminal investigation police officers may, with the authorization of the State prosecutor, enter at any time premises on which it is presumed, on the basis of definite, accurate and consistent evidence, that acts of procuring are being committed.
176.Article 11 also contains a list of locations that criminal investigation police officers may, with the authorization of the State prosecutor, enter at any time, when it has been established that persons engaging in prostitution are typically received there. This list includes any hotel, furnished house, guest house, bar, club or any other place open to or used by the public.
177.The members of the organized crime section regularly go out into the field in order to make contact with street-based prostitutes. They also carry out inspections of nightclubs, in close collaboration with members of the Inspectorate of Labour and Mines. Similar inspections are also carried out as part of the Joint Action Days organized by the European Union Agency for Law Enforcement Cooperation (Europol). Information received concerning prostitution in apartments is evaluated and transmitted to the competent prosecution service for verification in accordance with article 11, paragraph 4, of the Code of Criminal Procedure.
178.The Exit strategy, introduced in 2015, is based on principles that both ensure respect for the wishes of individuals wishing to leave prostitution as part of a personalized project and require those individuals to follow strict methodologies and processes that are clearly explained at the time of the individual interviews between the staff of the DropIn service and the candidates.
179.The Exit strategy is aimed at both prostitutes without accommodation (Exit 1) and at those with accommodation (Exit 2). The strategy also ensures the provision of support by the staff of the DropIn service (a Red Cross service offering assistance to prostitutes) throughout the process followed by the potential candidate in conjunction with the stakeholders associated with the project, such as the National Employment Agency, the municipal authorities and the National Health Fund. Each Exit project is established under an individual contract, and progress towards the objectives identified under the project is assessed twice per year by the candidate and the staff of the DropIn service. The concept of the Exit strategy will be regularly evaluated at the biannual cooperation platforms between the Ministry and representatives of the DropIn service, and at joint meetings with the National Employment Agency.
180.Although the strategy has had a degree of success, during discussions on the review of the national action plan on prostitution, the platform on prostitution noted that Exit is a long-term initiative for both candidates and social services staff. The process, which can last up to two years, can be fraught with failures, setbacks and discontinuity along the way. The individual decision to adopt a new perspective on life is not an easy one, given the doubts, uncertainty and fear that can arise during this transitional phase. This is why the setting of quantitative targets in terms of fully successful candidates, from the time of application for admission to the programme to the time of hiring by a new potential employer, is ill-advised.
181.To prevent the Exit strategy from being used as a gateway for illicit activities related to trafficking in persons and procuring, the platform recommends stricter supervision of potential candidates, in accordance with laws on data protection. Luxembourg is also bound by the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, which was adopted pursuant to the Act of 9 July 1983. The development of a supervision procedure for admission to the Exit programme could represent an administrative practice in accordance with article 6 of the Convention.
XIV.Participation in political and public life
Response to the issues and questions contained in paragraph 17
182.The amended Act of 21 December 2007, containing regulations on the financing of political parties, provides: “The provision to a political party of the amount of the allocation (…) is dependent on its having submitted, for legislative elections, lists comprising at least 24 candidates of either sex”. See article 2 of the amended Act for details on the amount of the allocations.
183.In 2022, the Ministry of Equality between Women and Men launched the “Let’s experience equality!” campaign, designed to encourage women to participate in politics at the local and national levels. The achievement of this objective was based on three main pillars:
•Open days in municipalities to give citizens a close-up view of the operations of municipal bodies
•Local support in the recruitment of new leaders. Because the various political parties and their representatives have experienced difficulties in identifying and motivating potential new women candidates, the Ministry of Equality between Women and Men offered, first to political parties and their internal bodies, and then to the candidates, courses and seminars on various subjects such as recruitment strategies, assertiveness and public speaking
•A campaign of audiovisual testimonials from women already involved in local politics. Women active in municipal politics at various levels, including mayors, alderwomen and members of municipal councils and commissions, explain, in short audiovisual clips, the details of their individual career paths, as well as their mandates and the ways in which they reconcile their political and professional lives with their private lives
184.In addition to the changes introduced by the Act of 15 December 2016, whereby political parties are required to have, for national elections, lists of candidates of whom 40 per cent must be members of the underrepresented gender, this campaign was designed to promote an increase in the representation of women on such lists at the local and municipal levels. Efforts have thus been made to fill the legislative gap with regard to local elections, while aligning the objectives in that area with those already established at the national level.
185.The amendment of the Electoral Act in July 2022 was aimed at facilitating the participation of foreign nationals in municipal elections by abolishing the five-year residency requirement for foreign nationals wishing to register on electoral lists for municipal elections, and by extending the deadline for registration on such lists. This new measure was highlighted through the “I can vote” awareness and information campaign concerning the registration of foreign residents on the electoral lists for the municipal elections of 11 June 2023. The average registration rate was 19.8 per cent (20.3 per cent for women and 19.4 per cent for men).
XV.Education
Response to the issues and questions contained in paragraph 18
Representation of women in decision-making positions at academic institutions
186.In May 2021, the University of Luxembourg approved its gender equality policy, aimed at improving the balance between men and women among its professors and lecturers. One of its main areas for action is to increase the number of women full professors who can go on to hold management positions within the University.
187.The University has integrated the gender dimension into the recruitment procedures for its management positions in the following ways:
•For all academic hires, women may not make up less than 40 per cent of the recruitment panel
•Panel members are offered training on gender stereotypes
•In addition, the gender equality delegate is a member of the recruitment panel for members of the rectorate. This has contributed to the appointment of three women to the position of Vice-Rector, completely changing the balance between men and women at the head of the University
188.The University has set up an internal mentoring programme for women professors (ADVANCE) to support and bolster associate and assistant professors in gaining promotion to the highest rank, that of full professor.
189.Moreover, the University has established a specific scholarship programme called “Marie Speyer Excellence Fellowships”, which specifically targets women professors by supporting them with research grants to boost their research, facilitate their promotion to full professor and increase their chances of accessing management positions within the University.
Course on gender equality in the curriculum
190.The subjects of gender equality and women’s rights are not grouped together in a specific course but are taught across the board.
191.SCRIPT has launched two projects in this field:
•The play entitled “Ein Känguru wie Du”: for preparing for and/or following up on the play and its various themes, a companion booklet containing detailed information and exercises, a list of advice centres and a bibliography has been prepared by SCRIPT, in collaboration with the Zentrum für politesch Bildung foundation and the Centre LGBTIQ+ CIGALE. The booklet can also be used independently of the play to encourage young people to tackle the issue of discrimination
•The 2021 event entitled “Intersex? Variations in sexual characteristics?”, a week of information and training activities organized by Intersex & Transgender Luxembourg non-profit association. The event was aimed at raising awareness among and informing the general public, concerned parents and teachers about the topic of intersex. To that end, SCRIPT financed the production of the animated film Jill ist anders by Luan Lamberty. Based on Ursula Rosen’s book of the same name, the film is aimed at primary school pupils
192.The National Education Training Institute offers training on the use of gender-sensitive language to raise awareness among teachers of hidden stereotypes and to encourage teachers to reflect on how they perceive their own role.
193.Through its gender equality policy, the University of Luxembourg holds that the development and transfer of gender-related knowledge can increase awareness of inequalities and their multidimensional negative effects, creating space for action to address these issues. Therefore, the University is examining the possibility of setting up teaching programmes and seminars related to gender studies while also considering contributing to gender research through the possible creation of professorships in gender-related research areas.
194.The University already offers several courses on gender studies at all training levels. For example, all doctoral students in the hard sciences take courses on the importance of gender for gender equality in research.
195.At the undergraduate level, in the Faculty of Humanities, Education and Social Sciences, students can take an interdisciplinary course on gender taught by a woman economist, a woman sociologist and a woman historian. These interdisciplinary approaches to gender give students the opportunity to study gender from different perspectives.
196.The Faculty of Law, Economics and Finance offers a course on gender at the master’s level, in which students learn about the role of women in the workforce, the home and, more broadly, the public sphere.
197.In cooperation with other institutions and stakeholders, the Ministry of Higher Education and Research has introduced the Women Leaders seminar series, in which famous women leaders from around the world visit the University of Luxembourg and give talks to students on their expertise and on how they came to be leaders.
198.Lastly, the creation of a master’s degree in gender studies in collaboration with other universities is currently being examined.
Enrolment rate of women in post-secondary non-tertiary education
199.Together with the Ministry of Equality between Women and Men, the Department of Media and Communications supports and promotes raising awareness of the needs of girls and women in digital skills and jobs.
200.In addition, the Department has a monitoring programme.
Rebalancing the representation of women and girls in traditionally male-dominated fields of study
201.In 2018, a new subject area (“section”) was introduced in secondary education. This new section “I”, providing a solid introduction to new technologies as well as an emphasis on the general culture and creativity of students, offers education tailored to the pursuit of specialized higher education.
202.Section “I” is a typical secondary school section, enabling access to higher education, in particular in the fields of information technology and communications.
203.The curriculum includes an introduction to programming, information technology security, databases and technical computing. The section gives students the opportunity to discover and test new technologies and to learn about communication theories and media philosophy. English will be important, especially in fields related to information technology. Emphasis is placed on speaking, writing and drafting technical English.
204.The Digital Decade Policy Programme 2030 of the European Commission is aimed at achieving a series of digital goals, including gender convergence among information and communications technology specialists and basic digital skills for at least 80 per cent of the population. With this in mind, the Ministry of Equality between Women and Men, the Ministry of Education, Children and Youth, the Ministry of Higher Education and Research, the Ministry for Digitalization and the Ministry of State are currently drafting a national strategic road map.
205.On the rockmega.lu website, the Ministry of Equality between Women and Men offers a number of free workshops addressing the issue of bias in artificial intelligence and/or encouraging girls to pursue digital studies and careers. In addition, the Ministry partially subsidizes the “Women In Digital Empowerment” initiative, a societal impact company which promotes women’s access to digital opportunities and raises the profile of women in that field.
206.Enhanced cooperation among the main digital- and skills-based public stakeholders is intended to promote digital gender equality in job and skills projects, wherever possible.
207.In addition, the Government encourages broader awareness of the way in which algorithms govern how we access information online. It is important for more women to become programmers in order to bridge the gender data gap.
208.To that end, in February 2023, Luxembourg established a six-week blended course based around the well-known Finnish massive open online course entitled “Elements of artificial intelligence”, with a weekly webinar allowing participants to interact with an instructor. The Ministry of Education, Children and Youth, the University of Luxembourg, the Department of Media and Communications, the University of Luxembourg Competence Centre, the National Institute of Public Administration and industry federations have cooperated to promote the Luxembourg “Elements of artificial intelligence” programme extensively, with a view to educating a wider audience, students and the workforce on the subject of artificial intelligence, with a particular focus on teachers and women. Using dedicated coaches, additional study support groups linked specifically with the course were organized. In weekly support sessions reserved for women, participants received guidance and had the opportunity to ask questions about artificial intelligence in a supportive environment.
209.In 2021 and 2023, the “Digital Luxembourg” government initiative partnered with the University of Luxembourg Competence Centre for its expertise in e-learning teaching programmes with assessments and certification for participants, and with the Ministry of Education, Children and Youth, the University of Luxembourg and the National Institute of Public Administration, to implement a free, hybrid version of the “Elements of artificial intelligence” massive open online course with virtual and in-person options. The interactive learning experience is led by university doctoral staff in collaboration with the Competence Centre, the National Education Training Institute, the teacher training institute and the NGO Women In Digital Empowerment.
210.The “integrated” Luxembourg version of the website www.elementsofai.lu includes additional targeted study support to ensure its success in the form of seven webinars held during the course.
211.However, the success of this hybrid version of the “Elements of artificial intelligence” programme is due to three additional formats of targeted study groups specifically for teaching professionals, women only, and all other interested parties, respectively. An edition of the programme is planned for 2024 and 2025.
212.The Department of Media and Communications is committed to promoting science, technology, engineering and mathematics skills for girls through the Gender4Stem programme, which supports the non-profit organization Women In Digital Empowerment in encouraging more girls and women to program through coding courses reserved for them.
213.In collaboration with the Digital Learning Hub, Women In Digital Empowerment offers a comprehensive digital skills programme for women (50participants per year) that covers coding, user experience (UX), project management and a project to build an actual website. Awareness among companies and employers is raised through workshops, such as that on the theme “How to recruit and retain women in information and communications technologies”, supported by Digital Luxembourg.
214.Other initiatives supported by the Ministry of Equality between Women and Men and the Ministry of Education, Children and Youth include the girlsindigital.lu website, workshops in schools on technology and gender, summer coding courses for girls, and awareness-raising campaigns for young people and adults.
Preventing and combating school bullying and cyberbullying
215.As a first step, Luxembourg is targeting the prevention of school bullying and cyberbullying through awareness-raising and information campaigns.
216.BEE SECURE, a government initiative led by the National Youth Service and the Kanner-Jugendtelefon, in collaboration with Luxembourg House of Cybersecurity, the Grand-Ducale Police and the Prosecutor General’s Office, is coordinated by the National Youth Service and jointly funded by the European Commission. The Government participates through the Ministry of Education, Children and Youth, the Ministry of the Economy and the Ministry of the Family, Integration and the Greater Region.
217.Another form of cyberbullying, which is becoming increasingly popular, is the spread of online sexual harassment and the unauthorized publication and distribution of nude photos (see the “sexting” section in this chapter). BEE SECURE is seeing an upward trend in calls to its sextortion hotline. A range of tools are available to combat the various forms of cyberbullying.
218.A cyberbullying kit, using appropriate language, is available for teachers and educators wishing to tackle the subject with children and/or people with intellectual disabilities aged 12 and over. The BEE SECURE Radar 2022 report reveals that cyberbullying is one of the issues and risks of greatest concern to young people. This new report serves to explain cyberbullying and present the existing legal framework, which covers both the Luxembourg Criminal Code and the international Convention on the Rights of the Child. In addition, there is a BEE SECURE educational course for academic cycles 2.2 and 3.1 entitled “Superheroes in action against cyberbullying”.
219.The “Let’s talk about sex” guide is aligned with the objectives of the national action plan on emotional and sexual health, which serves to advocate “informing, raising awareness among and educating the various target audiences, depending [in particular] on their age, cultural background and level of education, not only through the transmission of theoretical content but also through the promotion of practical and socially aware behaviours and attitudes in accordance with the principles of emotional and sexual health”. The guide promotes a holistic and positive approach to sexuality and provides staff and teachers in the psychosocial and educational field with the means to support and guide young people in their quest for an autonomous, positive and respectful emotional and sexual life. It also touches on the subjects of cybermobbing, cybergrooming, sexting and sextortion.
220.On 5 July 2023, the Ministry of Education, Children and Youth, together with the Deputy Public Prosecutor and the National Crime Prevention Service of the Grand-Ducal Police, presented the “Not sharing is caring” awareness campaign, in which the three partnering bodies combined their efforts to raise awareness and inform teenagers about the worrying phenomenon of the spread of violent videos featuring young people on social networks.
221.In each secondary school, the Psychosocial and Scholastic Assistance Services and the Socioeducational Service are responsible for raising awareness and preventing violence and bullying. Their efforts will be bolstered by the forthcoming introduction of a student protection delegate in each school, whose role will be to assist young people in the event of violence or bullying and to be the neutral contact person whom students and teachers can contact for help and support and to report cases of bullying.
222.In addition to these tools, teachers are offered training courses to provide them with the skills and tools that they need to support young people in dealing with online bullying. The National Education Training Institute offers training on cybermobbing.
223.The National Education Training Institute offers training courses on combating bullying at school, including:
•Deciphering gestures – advanced (Combating bullying at school)
•Hostility, aggression, violence: how to prevent, how to act
•Bullying at school: a form of violence
•Discrimination at school - identify, act, prevent
•Mobbing, bullying, bossing, staffing... Now what?
•Mobbing among children and young people
•Mobbing in the classroom? NO GO: identify – act – halt – avoid
224.With a view to preventing bullying, cyberbullying and suicide, a multidisciplinary working group updated the existing educational tool entitled “And if it were you?” from 2019 to 2021. The film, together with its educational package of five active, fun workshops addressing bullying, suicide and violence in all its forms, either directly or through related themes such as non-verbal language, associated myths, empathy, resources and many others, enables teachers in different classes and psychosocial and educational staff to discuss these subjects with young people. The aim is to familiarize interested parties with the tool so that they can put it into practice.
225.In addition, some services of partner agencies, including Oxygène, a counselling service for girls and young women who are victims of violence, in particular sexual violence and domestic violence, run by the non-profit organization Femmes en détresse, infoMann, a counselling centre for men and boys aged 16 and over in distress run by the non-profit organization ActTogether, and the Maison Paula Bové counselling centre for women in distress of the Fondation Maison de la Porte Ouverte, have launched information and awareness-raising campaigns and tools to prevent and combat relational violence, including sexual violence, cyberbullying and sexism among young high school students.
226.As part of the “Rock the Rack” festival the Ministry of Equality between Women and Men organized an interactive forum theatre workshop to prevent and combat domestic violence, tailored to the needs of young people with regard to relational violence experienced inside or outside secondary schools, including cyberbullying/cybersexism, bullying and sexual violence, in order to educate them, raise their awareness, equip them and enable them to recognize it, take action, say “NO” and be directed to help services.
227.In November 2022, Luxembourg also launched the campaign “Sexismus : Erkenn et. Schwätz et un. Stopp et !” in cooperation with the Council of Europe, on the basis of which the Ministry of Equality between Women and Men developed an interactive theatre project to raise awareness of sexism among young people. Using scenes depicting acts of sexism, actors from the Theatre School, supported by experts in the field, tackle the subject of everyday sexism faced by young people.
XVI.Employment
Response to the issues and questions contained in paragraph 19
Eliminate the underrepresentation of women in the labour market
228.To eliminate the underrepresentation of women in the labour market and promote equality in the family, the Ministry of Equality between Women and Men is focusing on a number of strategies.
229.For example, the Government reaffirmed its political commitment to equal pay by joining the Equal Pay International Coalition. Led by the International Labour Organization, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and the Organisation for Economic Co-operation and Development, this multi-stakeholder partnership is helping United Nations Member States to achieve equal pay for women and men for work of equal value by 2030.
230.The Government continues to inform and raise awareness among the general public, employees, employers, social partners and business owners, about equal pay and their respective roles and responsibilities. In that connection, a brochure containing information on rights and duties in that area, developed by the Ministry of Equality between Women and Men and the Ministry of Labour, Employment and the Social and Solidarity Economy, was reissued.
231.The voluntary “Affirmative Action” programme of the Ministry of Equality between Women and Men supports companies in their efforts to develop good practices in the areas of gender diversity and equality. It facilitates the analysis of equality in treatment, in decision-making and in maintaining work-life balance, as well as the formalization of the company’s commitment to equality through the establishment of an individual action plan.
232.Combating occupational segregation, including by dismantling stereotypes relating to the idea of feminine and masculine professions, is also important in that regard. Relevant developments include the implementation of projects such as Madak, aimed at improving the representation of men in the non-formal education of children, and support for projects and initiatives designed to stimulate the interest of girls in professions relating to science, technology, engineering and mathematics, such as Girls in Tech, Girls Exploring Math and Women in Digital Empowerment.
233.Through information sessions on life in Luxembourg provided under the Supported Integration Programme, applicants for and beneficiaries of international protection receive information on equality in employment and the sharing of domestic tasks. Non-stereotypical illustrations are used to simplify the messages conveyed and anchor them in everyday situations.
Childcare facilities
234.Every 3-year-old child in Luxembourg is entitled to a place in early education, which is the first year of cycle 1 of primary education. This year is not compulsory for the children, but the municipalities are required to have places available for everyone who wants them. The early childhood education and care system in Luxembourg (for children under 3) is highly developed, and places in the system are widely available. For low-income families, such places are practically free (family contributions vary according to income). Starting at the age of 1, every child is entitled to 20 hours of free care in a State-approved early childhood education and care facility.
Representation of women in decision-making posts
235.Luxembourg also has a target of at least 40 per cent of members of each sex on boards of directors, and ensures regular monitoring of progress by the Government Council. The proportion of women representing the State on the boards of public institutions is 41 per cent, thanks to ongoing monitoring by the Government Council. Luxembourg also supports the Female Board Pool initiative in activities related to this goal.
2016 reform
236.With regard to trends in parental leave since the 2016 reform, please see the answer to question 1 (General – Statistics).
XVII.Sexual harassment in the workplace
Response to the issues and questions contained in paragraph 20
237.Obsessive harassment is criminalized under article 442-2 of the Criminal Code. It is punishable by 15 days’ to 2 years’ imprisonment and a fine of between €251 and €3,000. Because of its broad wording, this provision covers both sexual and psychological harassment.
238.Relevant case law also shows that judicial authorities have a broad interpretation of this offence. As recalled by the Supreme Court in a ruling dated 21 November 2013, “article 442-2 of the Criminal Code covers any repeated act of harassment of any kind that may seriously undermine a person’s well-being, regardless of the place in which it was committed”. Harassment must therefore be verbal or written in nature, and consist of acts or gestures the repetition of which undermines the victim’s well-being. In addition, cyberbullying is punishable under article 6 of the Act of 11 August 1982, which provides that “anyone who has knowingly disturbed or bothered a person by means of repeated and unwelcome telephone calls, or who has harassed that person by means of written or other messages, shall be subject to the penalties set forth in article 2”.
XVIII.Health
Response to the issues and questions contained in paragraph 21
Sexual and emotional health
239.In 2018, Cesas, the national centre for the promotion of emotional and sexual health, was established pursuant to the national action plan on emotional and sexual health. Cesas issues a regular newsletter, and develops projects and teaching tools that are accessible through its website. Together with the members of the interministerial committee on emotional and sexual health and a number of civil society stakeholders, Cesas also produced, in three languages (French, English and German), the “Let’s talk about sex” guide for professionals, published in 2020, in order to promote healthy, respectful, consensual and non-violent sexuality among high-school students. Specific training courses were developed for professionals and stakeholders using the guide on the ground, in order to assist them in applying it to the target audience. Lastly, in October of this year, the fourth Emotional and Sexual Health Week was observed.
240.In 2022, Cesas also developed and launched a website to raise awareness of and provide information on contraception, as well as producing, in collaboration with partners, a brochure containing details on the various contraceptive methods.
241.“Méi Wéi Sex”, an educational podcast in Luxemburgish for all individuals aged 18 and older on the topic of emotional and sexual health, was launched by Cesas with a view to promoting an open approach to sexuality, the body and relationships, dismantling stereotypes and providing useful information outside the institutional framework. It is broadcast every Friday on Radio ARA.
242.The ministries responsible for implementing the national action plan are currently assessing ways of strengthening Cesas to give it greater weight and autonomy in the conduct of its activities, and to enable it to become independent.
243.One of the main objectives of the national action plan on emotional and sexual health is to inform, raise awareness among and educate the various target audiences, depending on their age, cultural background and level of education, not only through the transmission of theoretical content, but also through the promotion of practical and socially-aware behaviours and attitudes in accordance with the principles of emotional and sexual health.
244.This approach is intended to promote positive relationships and emotions and facilitate prevention, particularly of sexually transmitted infections, unwanted pregnancies and sexual violence. The aim is to strengthen the skills and knowledge of the target audience by empowering all professional and volunteer educators to transmit correct, up-to-date, relevant and consistent information.
245.With regard to the pedagogical approach to emotional and sexual health in schools, awareness will be enhanced through daily emphasis on the importance of the emotional development of children and young people. It will be necessary to adapt initiatives and activities to the changes in social and emotional relationships caused by the digital and globalized environment, and to assess the ways in which such changes might provide added value for the various target audiences, while ensuring respect for human rights and children’s rights.
246.The National Education Training Institute also offers training sessions on a range of topics related to emotional and sexual health, such as anatomy and contraception; sexual, body and gender diversity; sexually transmitted infections; and prevention.
Mental health
247.Through annual agreements with civil society stakeholders (ASTI CLAE and Caritas), the Integration Department of the Ministry of the Family, Integration and the Greater Region supports help desks that provide information, guidance and counselling to any individual with questions about his or her personal situation, including questions relating to physical and mental health.
248.Structural factors adversely affecting migrant women’s mental health include living in a communal facility, with adolescents sharing a bedroom with their parents and siblings, with no real privacy, and cultural differences, which can be particularly stigmatizing in a school environment.
Quality and affordable health services
249.On 1 April 2023, full reimbursement of contraceptive costs, with no age limit, was introduced in Luxembourg.
250.The contraceptives provided for in the relevant agreement are as follows:
•Oestrogen and progestogen oral contraceptives (birth control pill)
•Oestrogen and progestogen transdermal contraceptives (birth control patch)
•Oestrogen and progestogen vaginal contraceptives (birth control ring)
•Progestogen oral contraceptives (minipill)
•Progestogen injectable contraceptives (birth control shot)
•Emergency hormonal contraception (morning-after pill)
•Progestogen subdermal contraceptive implants (birth control implant)
•Intra-uterine contraceptive devices (intra-uterine device (IUD))
•Tubal ligation for permanent contraception (sterilization)
•Operation on the vas deferens for permanent contraception in men (vasectomy)
251.Moreover, in an emergency, a doctor’s prescription is not required for reimbursement of the cost of the morning-after pill when it is purchased at a pharmacy open to the public.
252.All new procedures provided for in and procedures amended pursuant to the relevant grand-ducal regulation are fully covered under the State budget.
253.In accordance with the 2018–2023 coalition agreement, a pilot project focused on universal health care coverage was launched in November 2021. As a result of this project, people living in economic uncertainty in Luxembourg can go to the doctor of their choice in Luxembourg, can obtain a social security card and do not have to pay in advance fees for appointments or at pharmacies for prescribed medications.
254.Vulnerable people who lack financial resources and cannot receive financial support will thus be able to gain access to the health insurance benefits provided for in the Social Security Code. All individuals who normally live in Luxembourg, have no source of income and are unable to receive assistance from their local social office are entitled to universal health care coverage. These are generally people with no official address or residence permit.
255.To apply for universal health care coverage, it is necessary to seek out the services of one of the following five associations: Médecins du Monde Luxembourg, Jugend- an Drogenhëllef, Abrigado (National Committee for Social Defence), Stëmm vun der Strooss and the Red Cross. The social worker will analyse the situation and prepare an application for universal health coverage.
256.To receive universal health care coverage, individuals must meet three main conditions: they are able to prove their identity and prove that they have lived in Luxembourg for at least three months and that they are not affiliated with any health insurance fund (in Luxembourg or elsewhere). They must then agree to receive social supervision to assist them in the process and support them in their application. At the second appointment with the association, the application will be sent to the Ministry of Health, which may or may not grant universal health coverage.
257.Contributions for voluntary affiliation with a health insurance scheme are covered under the State budget, as is any personal contribution that the vulnerable person cannot pay owing to insufficient financial resources.
258.Universal health care coverage is in addition to free access to emergency services, which already exists in Luxembourg.
Prohibition of non-consensual surgical or other medical interventions
259.The national action plan for the promotion of the rights of LGBTI persons provides for a ban on the performance of non-emergency medical treatments for “sexual normalization” purposes without the free and informed consent of the intersex person. An interministerial working group is currently exploring ways in which to implement this measure.
XIX.Disadvantaged groups of women
Response to the issues and questions contained in paragraph 22
260.The staff of the Department for Refugees are all trained in their respective professions, and are naturally also informed with regard to gender-based violence. There is no standardized procedure for identifying female victims of gender-based violence during the asylum process. However, the staff who receive applicants for international protection at the time of submission of their applications have over 10 years of relevant experience, and are therefore perfectly equipped to identify such persons if the person concerned shows the relevant signs or if suspicions arise. Nevertheless, the period of time during which the individuals are on government premises is short, which does not make the task any easier.
261.There is, however, very close cooperation with the staff of the National Reception Office, who are responsible for providing accommodation for and supervising applicants. Article 15 of the Reception Act of 18 December 2015 provides that the specific needs of vulnerable people, including women victims of torture, rape and other serious forms of violence, shall be taken into account. Article 16 of that Act defines as a matter of priority the detection of vulnerable people and the assessment of their needs throughout the application process for international protection and by all supervisors involved.
262.When a person is identified as vulnerable or opens up to a staff member of the National Reception Office and wishes to take steps to request the separation of his or her file, for example, this information is transmitted to the Department for Refugees, which takes the necessary measures. Similarly, when a woman victim of gender-based violence is identified at the time of submission or initial processing of her application for international protection, Ministry staff advise her to contact the National Reception Office so that she can receive psychological assistance, if necessary. She is also informed of the possibility of filing a separate application from that of her husband or male partner.
263.Specific questions are asked of people who fall within the scope of the Dublin III Regulation, in order to determine whether they are to be considered particularly vulnerable. If such is the case, appropriate measures are taken and, if necessary, guarantees are requested from the State to which the person is to be transferred.
264.Representatives of applicants can also notify the Department for Refugees of such situations at any time, and can request that confidentiality measures be taken at the time of the interview, or that an administrative separation of files be carried out. The same applies to NGOs and other civil society stakeholders, who are encouraged to report such situations to the Department for Refugees as soon as they become aware of them.
265.A woman victim of gender-based violence may also be identified at a later stage in the process. Particular attention is therefore paid to any vulnerability throughout the international protection process.
266.All staff of the Department for Refugees are made aware of this issue and receive training to enhance their knowledge.
267.For example, all persons responsible for interviewing individuals seeking international protection receive training from the European Union Agency for Asylum in techniques for interviewing vulnerable people. This training is provided as soon as possible after their arrival at the Department for Refugees. In addition, in order to assess the need for specific procedural guarantees in the context of an application for international protection, in accordance with article 19 of the amended International and Temporary Protection Act of 18 December 2015, interviewers have at their disposal a specific questionnaire that enables them to detect vulnerable people. A victim can be detected by a staff member on the basis of indirect statements or evidence presented.
268.Representatives of applicants can also notify the Department for Refugees of such situations at any time, and can request that confidentiality measures be taken at the time of the interview, or that an administrative separation of files be carried out. The same applies to NGOs and other civil society stakeholders, who are encouraged to report such situations to the Department for Refugees as soon as they become aware of them.
269.As mentioned above, gender-related aspects are duly taken into consideration in the processing of applications for international protection. However, current laws do not explicitly require such a gender-sensitive interpretation of the grounds for international protection.
270.Staff responsible for conducting interviews and staff responsible for decision-making also take the European Union Agency for Asylum training course on gender, gender identity and sexual orientation.
271.In addition, the staff of the Department for Refugees receive basic training in the prevention of trafficking in persons.
272.Furthermore, since 2021, courses covering the following seven topics and aimed at strengthening protection against sexual and gender-based violence, domestic violence and trafficking in persons have been taken by the relevant staff members of the Directorate of Immigration (62 in total):
•Trafficking in persons
•Training in and discussion of gender-based violence in a migration context
•Approach to victims of trafficking in persons and people smuggling – the worker’s position and understanding of the phenomenon
•Training in psychological de-escalation and non-violent communication
•Is psychic trauma contagious?
•Domestic violence and gender-based violence
273.With regard to female genital mutilation, applicants can freely discuss their motivations at the start of the interview. If, during this free discussion period, the applicant alludes to female genital mutilation, follow-up questions are asked. Female genital mutilation is therefore addressed during the process only if the applicants themselves invoke such mutilation.
274.For countries for which there is country-specific European Union Agency for Asylum guidance on genital mutilation, such guidance is well known to both the staff responsible for conducting personal interviews and the staff responsible for decision-making.
275.At the decision-making level, each case is subject to an individual analysis of the applicant’s situation in his or her country of origin, and of the risk in the event of return, as many different profiles can emerge from such applications.
276.No specific measures to promote the school enrolment of young girls who apply for international protection are provided for, as the measures in place apply to all students. There is close collaboration between the National Reception Office and the Ministry of Education, Children and Youth (including the Service for Psychosocial and Educational Support), with regular discussion about the needs of students who apply for international protection, in order to foster communication and strengthen overall academic support.
277.The National Education Training Institute also offers a number of training courses to provide educators with the tools required to facilitate the integration of students of non-European origin.
XX.Marriage and family relations
Response to the issues and questions contained in paragraph 23
Distribution of property upon dissolution of a union or relationship
278.Regarding general recommendation No. 29, the Act of 27 June 2018 establishing the Family Court and reforming divorce and parental authority is in force and has addressed the situation.
279.With regard to the effects of divorce on spousal property, the final judgment regarding such property is effective from the date of the divorce petition. At the request of one of the spouses, that date may be brought forward to the day on which marital life between the spouses ceased. The Act of 27 June 2018 also introduces the option of contributing retroactively the general pension insurance scheme. A spouse who has given up or reduced his or her professional activity during the marriage, provided that he or she is not over the age of 65, may ask the court before the divorce decree is issued to calculate a reference amount based on the difference between the respective incomes of the spouses during the period in which the professional activity was reduced or given up. That amount will be used to contribute retroactively to the general pension insurance scheme (art. 174 of the Social Security Code).
280.The 2018 Act applies to all divorces, whether they involve opposite-sex or same-sex married couples.
281.When registered partnerships are dissolved, the assets are repaired in accordance with the provisions of the agreement on property effects that the two partners have concluded with one another. If no such agreement exists, the regime provided under the Act of 9 July 2004 on the legal effects of certain partnerships, which is based on the principles of the common-law matrimonial regime for marriage, is applicable.
282.The same legal framework applies to all opposite-sex and same-sex couples in registered partnerships.
Creation of a family court
283.The Act of 27 June 2018 also established the Family Court, ending the fragmentation of powers among multiple jurisdictions that had existed up until that time. A single judge is now able to hear all family law disputes, including property and non-property aspects thereof.
Recognition of paternity in cases of medically assisted procreation
284.In accordance with European Court of Human Rights case law, each parent may recognize a child born as a result of medically assisted procreation if he or she is the child’s biological parent.
Adoption of stepchildren, regardless of their civil status
285.Since the above-mentioned Act of 4 July 2014, the right to adopt a spouse’s child is no longer limited to opposite-sex married couples, and applies also to same-sex married couples. In May 2023, a draft law on adoption reform (No. 8228) was submitted which would make it possible to adopt the child of a registered partner, as well as the child of a cohabiting partner.
XXI.Data collection and monitoring
Response to the issues and questions contained in paragraph 24
286.The Equality Observatory, launched in 2019, has created a database of indicators covering seven areas (see paragraphs 1 and 7). This database currently tracks more than 450 indicators using more than 25 different sources. The data are disaggregated by gender, age, nationality, educational level and other factors. A public website displaying each domain in the form of a dashboard has been set up. The data are updated annually to indicate trends related to the indicators, serving as a basis for project development and evaluation. For example, there is an indicator on the gender pay gap, which is virtually non-existent in Luxembourg as a result of policies that have been implemented in recent years.
287.The first report on the Observatory’s activities, covering 2022, was published in 2023. Further such reports, as well as short thematic publications, are expected to be published on a regular basis.
288.Each year, the General Inspectorate of Social Security produces analyses, publications and statistics relating to one or more areas of social protection, with a particular focus on sociodemographic aspects of the population under review, such as age and gender.
289.The Inspectorate’s statistical work is based on administrative data, which allows it to establish statistical time series, enabling the tracking of trends among target populations during a particular period and an assessment of the impact of new legal provisions, such as the reform of parental leave.
290.In recent years, the Inspectorate has also provided statistics to the Equality Observatory on absences from work, old-age and disability pensions, early retirement, caregivers working under the long-term care insurance scheme, paid hours and parental leave.
XXII.Additional information
Response to the issues and questions contained in paragraph 25
National action plan to promote the rights of lesbian, gay, bisexual, transgender and intersex persons
291.Luxembourg has had a national action plan to promote the rights of LGBTI persons since 2018. An interim review is currently being carried out by the University of Luxembourg to analyse progress made and to determine whether to adjust the plan’s priorities, objectives and actions.
Homelessness
292.Since the spring of 2021, a night shelter in the capital has been offering short-term lodging exclusively for homeless women. Open every night of the year, this low-threshold facility can provide care for up to 10 women. The facility seeks to make contact with women who are most removed from social services and to enable them to cover their basic needs: sleeping at night, keeping warm, bathing, eating and feeling safe. All users of the service can also receive socioeducational support with a view to social reintegration. Women also have access to other lodging possibilities that are open to everyone. Funded by the Ministry of the Family, Integration and the Greater Region, the facility is managed by a specialized team from Caritas accueil et solidarité – Luxembourg.
293.Since 2022, the Ministry has also been operating a housing first service for women, also run by Caritas accueil et solidarité – Luxembourg. The service’s multidisciplinary team offers mobile, intensive support tailored to the needs of long-term homeless women with mental health and/or addiction problems.
Older persons
294.The new Quality of Services for Older Persons Act of 23 August 2023, places older persons at the centre. It focuses on the quality and transparency of services and benefits available to older persons, which are offered in an environment of respect, dignity and concern for their interests.
295.The Act establishes a national information and mediation service for older persons, which is headed by an ombudsperson. This service may be used all beneficiaries of services for older persons, their contact persons and administrative organizations.
296.The new Act also establishes a committee for older persons, which brings together all of the key players in this sector. The committee can issue recommendations on projects proposed by managers and on assessments carried out under the quality management system, as well as proposing health, financial and administrative measures to improve services for older persons. At the Minister’s request, it can carry out or commission surveys, analyses, studies, reports or expert opinions on various aspects of services for older persons.
Awareness-raising regarding menstruation
297.In March 2023, the Ministry of Education, Children and Youth introduced the campaign “Meng Reegel–mäi Kierper”, to provide information on menstruation and raise awareness about it among both young people and adults. It aims to raise awareness, provide easy-to-understand scientific information and break taboos related to menstruation.
298.Primary and secondary schools, youth centres and other educational institutions are committed to promoting the health and well-being of young people. This campaign will provide them with new tools to educate both girls and boys about the menstrual cycle and its effects, enhance understanding of what menstruation is, explain the terms used in that context and dispel any misconceptions, with the aim of having a positive influence on behaviour and promoting mutual respect between boys and girls and, later, men and women.
299.The campaign ran for three months, from 1 March to 28 May 2023 (Menstrual Hygiene Day). It is aimed at young people in cycle 4 of primary education and in high schools, youth centres, the State Institute for Aid to Children and Young People and the State Socioeducational Centre.
Follow-up to recommendations
300.With regard to paragraph 30 (f) of the concluding observations on the combined sixth and seventh reports, the amended Domestic Violence Act of 8 September 2003 provides for the option of applying to the Family Court for a protection order after the eviction of the following persons:
•The spouse of the evicted person, or the person with whom the evicted person usually lives, and the legitimate, natural or adopted ascendants and descendants of the evicted person
•The legitimate, natural or adoptive ascendants, minor descendants and descendants with disabilities of the evicted person’s spouse or of the person with whom the evicted person usually lives, provided that they lived with the evicted person before the eviction occurred and can prove that the home meets their urgent housing needs.
301.The same conditions apply to other injunctions and prohibitions that may be issued by the Family Court under articles 1017-7 and 1017-8 of the New Code of Civil Procedure.
302.Habitual cohabitation is sufficient grounds for the victim to apply to the Family Court for such rulings.
303.With regard to paragraph 56 of the combined sixth and seventh reports, by an Act of 17 December 2021, the State party ratified the International Convention for the Protection of All Persons from Enforced Disappearance.