LUXEMBOURG-SOGI-TBs-CESCR

Concluding Observations on Report 4 (2022) (Link)

3. The Committee welcomes the legislative, institutional and policy measures that the State party has taken to strengthen the protection of economic, social and cultural rights in its territory, such as the establishment of the Centre for Equal Treatment in 2006, the adoption of the National Action Plan for the Promotion of the Rights of Lesbian, Gay, Bisexual, Transgender and Intersex Persons in 2018, and the measures referred to in paragraph 27 of its fourth periodic report in relation to equality between women and men, as well as other measures referred to in these concluding observations. The Committee welcomes the ratification by the State party of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 3 February 2015.

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Family and child welfare

30. While noting the information provided by the State party regarding family and child welfare, the Committee is concerned about:

(a) The disadvantage experienced by same-sex couples with regard to recognition of filiation;

(b) The lack of a juvenile criminal justice system;

(c) The persistence of the distinction between children born in and out of wedlock and the terminology used – “legitimate children” and “natural children”, respectively – in the State party’s legislation (art. 10).

31. The Committee recommends that the State party:

(a) Take the necessary measures to establish a legal framework for filiation that fully respects the principle of non-discrimination, including non-discrimination against same-sex couples;

(b) Expedite the adoption of the three new bills aimed at protecting minors in the juvenile justice system, taking into account the recommendations of the Committee on the Rights of the Child in its concluding observations of 2021;9

(c) Take the necessary measures to eliminate all forms of discrimination against children born out of wedlock, including by adopting bill No. 6568 concerning the reform of the law on filiation, which seeks to remove the concepts of “legitimate” and “natural” children.

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Right to physical and mental health

36. While noting the measures taken by the State party to ensure the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, including during the COVID-19 pandemic, the Committee notes with concern that:

(a) Some population groups have very limited access to health care, including homeless persons, undocumented migrants, refugees, asylum-seekers, and persons recently released from prison;

(b) There are no regulations prohibiting the performance of surgical procedures on intersex children, which are often irreversible, not medically necessary and harmful to the child’s physical and mental integrity;

(c) There is a particularly high instance of mental health disorders and depression among young persons and migrants, and that mental health services are not widely available or accessible;

(d) Tobacco use and alcohol consumption are major contributors to morbidity and mortality in the State party (art. 12).

37. The Committee recommends that the State party:

(a) Take all necessary measures to ensure that all persons in the State party, including homeless persons, undocumented migrants, refugees, asylum-seekers, and persons recently released from prison, have equal access to preventive, curative and palliative health care;

(b) Ensure that, in practice, surgical procedures are not performed on the sex characteristics of intersex children, in the absence of medical necessity or emergency, until such children are capable of forming their own views and giving informed consent, and expedite the adoption of a law to this effect, as provided for in the National Action Plan for the Promotion of the Rights of Lesbian, Gay, Bisexual, Transgender and Intersex Persons;

(c) Increase the availability, accessibility, acceptability and quality of professional mental health-care services, and increase efforts to address the root causes of the prevalence of mental health problems in the population groups most affected;

(d) Increase its efforts to combat tobacco use and alcohol abuse, including by continuing prevention efforts, taking measures to promote healthy lifestyles and implementing programmes to raise awareness about the increased health risks associated with tobacco use and alcohol abuse;

(e) Take into account the Committee’s general comment No. 14 (2000) on the right to the highest attainable standard of health and its statement on the duties of States towards refugees and migrants under the Covenant.

Right to education

38. The Committee notes the measures taken by the State party to reduce inequalities in education. However, the Committee is seriously concerned about:

(a) Ongoing gaps in achievement related to children’s socioeconomic background, migration status and language skills, and notably the low rate of completion of secondary education;

(b) The underrepresentation of pupils from migrant families in “classic” secondary education, which is considered the most prestigious educational pathway;

(c) Reports that the lack of statistics makes it difficult to establish how inclusive education for pupils with disabilities is progressing, and whether, despite the efforts made, some pupils with disabilities are still attending special schools;

(d) Reports of bullying in schools of lesbian, gay, bisexual, transgender and intersex pupils (arts. 13 and 14).

 39. The Committee recommends that the State party:

(a) Increase efforts to reduce disparities in educational achievement, particularly among children from low-income and migrant families, as well as families within which the State party’s official languages are not spoken;

(b) Increase efforts to ensure that language is not a barrier to education and does not increase inequalities, including by introducing language support classes and promoting spaces to discuss and take action on the adaptation of the school system to the social reality of the country;

(c) Rectify the underrepresentation of migrant children in “classic” secondary education and review existing criteria for guiding pupils towards the different educational pathways available;

(d) Enhance its efforts to ensure inclusive education for children with disabilities and strengthen data collection in this area;

(e) Protect all children from bullying and violence in schools and increase efforts to prevent bullying and violence and to promote understanding and tolerance.

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Concluding Observations on Report 3 (2003) (Link)

[no mention]

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Concluding Observations on Report 2 (1997) (Link)

[no mention]

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Concluding Observations on Report 1 (1990) (Link)

[no mention]

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