A/HRC/23/10
without security nor security without development, and that respect for human rights and
the upholding of the rule of law were essential.
8.
For its international commitment to be credible, Luxembourg was aware that its
actions at the national level must demonstrate the same commitment to promoting and
protecting human rights and the rule of law.
9.
It was in that spirit that Luxembourg had prepared for its universal periodic review.
The national report was the result of widespread consultation with both the relevant
authorities and civil society. To that end, in May 2012 Luxembourg had organized two
consultation meetings on the second cycle of the universal periodic review. The first
meeting had been aimed at non-governmental organizations (NGOs) and civil society,
while the second had addressed independent institutions with competence in the area of
human rights. The Government had paid particular attention to their views in its report. The
Ministry of Foreign Affairs was available to continue that dialogue. The Ministry
encouraged the participants to submit their comments on the implementation of the
recommendations made during the current universal periodic review.
10.
Luxembourg planned to submit a midterm report during the current cycle. The
comments received from civil society and independent institutions would be useful in the
preparation of that report.
11.
The national report of Luxembourg described in detail the progress made on the
basis of the recommendations issued in 2008. Luxembourg noted the quality of the
questions submitted in advance by a number of Member States and thanked them for their
commitment to the work of the Human Rights Council.
12.
In response to the question on avoiding the risk of sexual exploitation of refugee
children or unaccompanied applicants for international protection, the delegation pointed
out that their protection was ensured through the appointment of guardians. As a general
rule, in the absence of a member of the minor’s extended family in Luxembourg who could
act as guardian, a juvenile judge appointed one from the social and educational
professionals at two NGOs that worked with asylum cases.
13.
With regard to measures taken to protect the bond between mothers in prison and
their children born before or during their incarceration, the delegation indicated that the
judge could decide that the child should be kept in prison with the mother up to a specific
age, established on a case-by-case basis, beyond which the child’s normal psychological
development would be compromised. The Ministry of Family Affairs had care institutions
for children of all ages where judges could place the children of incarcerated mothers. The
caregivers at those institutions could accompany children on visits to prison. The courts
used all possible means to avoid imprisoning women who were pregnant or had young
children.
14.
In response to another question, the delegation said that the age requirement of 25
was a general condition in order to receive the minimum guaranteed income and did not
apply to refugees in particular. Under the law, an exception was made for persons under the
age of 25 who were bringing up a child for whom they received family allowances.
15.
Luxembourg had submitted its outstanding reports to the Committee on the
Elimination of Racial Discrimination in December 2012. As for the other three outstanding
reports, it had undertaken to submit them to the Human Rights Committee, the Committee
on Economic, Social and Cultural Rights and the Committee against Torture as soon as
possible. The work on the report to the Committee on Economic, Social and Cultural Rights
would also serve to given a new impetus to ratification of the Optional Protocol to the
Covenant on Economic, Social and Cultural Rights, which would be concluded as soon as
possible.
4
GE.13-12572
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