A/HRC/10/29
(a)
Views expressed by the State under review on the recommendations and/or conclusions as
well as on its voluntary commitments and on the outcome
328. The Permanent Representative of Luxembourg to the United Nations Office at
Geneva stated that it was a privilege for Luxembourg to be one of the first 48 countries to
go through the universal periodic review process. Luxembourg supported the idea of this
innovative mechanism, during the negotiations that resulted in the creation of the Council,
because it sought greater discipline and efficiency in the United Nations system for the
protection of human rights.
329. The Permanent Representative gave a summary of Luxembourg’s responses to the
recommendations addressed in the course of the interactive dialogue on 2 December 2008.
He stated that a more comprehensive response to the recommendations had been provided
in writing and was available as an addendum to the report of the working group
(A/HRC/10/72/Add.1).
330. With regard to Luxembourg’s international obligations, the country had committed
itself to take into account recommendations and to complete the various processes of
ratification as soon as possible. However, in the case of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, there
were major legal obstacles because of European Community competence in migrant worker
issues, which did not allow the completion of the ratification of the Convention at this
stage. Luxembourg expressed its hope that a study could be carried out in the European
Union to determine possible ways and means of finding a solution with the view to the
ratification of the Convention. Like other European Union partners, Luxembourg will
continue to participate actively in the international community reflection on the issue of
migrants.
331. The universal periodic review was a dynamic process of consultation of independent
institutions monitoring compliance of human rights in Luxembourg. This consultation
process also involved civil society organizations engaged in the promotion and protection
of human rights. It was a beneficial exercise for the country. Luxembourg pledged to
continue this consultation on a regular basis in order to ensure an appropriate follow-up to
the review report and outcome.
332. Luxembourg was aware of the challenges in human rights of persons with mental
disabilities. The country was about to conduct legislative reform to strengthen the
fundamental rights of persons interned for psychiatric treatment without their consent. A
law modifying the current regime for persons with mental disabilities was to be adopted
very soon. The law would amend and update the current provisions to take into account the
most recent international recommendations made on this issue, and would make the
involuntary placement of persons with mental disturbances the subject of a court decision,
which could be appealed at any moment of the procedure. The use of involuntary treatment
and isolation detention measures would be used in very specific circumstances and as a last
resort. On child psychiatry, Luxembourg had pledged to increase the number and quality of
its infrastructures for the therapeutic treatment of children with behaviour or mental
disturbances. These efforts would be continued to guarantee high-quality child psychiatry
reflecting the latest developments in medicine.
333. Regarding the recommendation to develop legislation on immigration and
international protection in keeping with the principle of non-refoulement, Luxembourg
believed that its new legislation was in compliance with the principle of non-refoulement
both in terms of immigration legislation and also on the rights of asylum. Concerning the
recommendation to halt the practice of freeing minors at borders, this practice did not exist
in Luxembourg. With regard to the recommendation on detention measures, Luxembourg
would soon transpose the return directives of the European Union into its national
138
GE.09-17451
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