A/HRC/38/11
offered by the Interministerial Human Rights Committee and simplified reporting
procedures.
9.
Since the last review, Luxembourg had ratified the Convention on the Reduction of
Statelessness, the Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights and the Optional Protocol to the Convention on the Rights of the Child on a
communications procedure. Preparations were underway to ratify the International
Convention for the Protection of All Persons from Enforced Disappearance and the
International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989
(No. 169). Moreover, the Chamber of Deputies was examining a bill to adopt the Council
of Europe Convention on Preventing and Combating Violence against Women and
Domestic Violence (Istanbul Convention).
10.
Luxembourg had an independent national human rights institution in full compliance
with the principles relating to the status of national institutions for the promotion and
protection of human rights (the Paris Principles), namely the Consultative Commission on
Human Rights. Construction had begun on Human Rights House, which would host the
offices of the Commission, the Ombudsman, the Ombuds-Committee for Children’s Rights
and the Centre for Equal Treatment.
11.
Further to the adoption of a law of 7 November 2017, the Centre for Equal
Treatment would henceforth be attached to the Chamber of Deputies, thereby ensuring its
greater independence.
12.
A draft bill on an ombudsman for children and adolescents, to replace the current
Ombuds-Committee for Children’s Rights, would shortly be put forward in the Chamber of
Deputies.
13.
The delegation highlighted the adoption, in January 2016, of the so-called
“Luxembourg Guidelines” for the harmonization of terminology on the protection of
children from sexual exploitation and sexual abuse.
14.
Regarding lesbian, gay, bisexual, transgender and intersex persons and nondiscrimination, draft bill No. 7146 had been submitted in May 2017 specifically to
strengthen the rights of transgender and intersex persons through the introduction of an
administrative procedure for amending the mention of the sex in civil status documents and
the corresponding first names. Moreover, thought was being given to the possible
introduction of a third gender-related indication for civil status documents. Finally, in
September 2017, a draft bill had been submitted for the inclusion of “gender identity”
among the grounds for unlawful discrimination enumerated in article 454 of the Criminal
Code.
15.
With regard to trafficking in persons, considerable efforts had been made to
understand and curb the phenomenon. Efforts were focused on three areas: prevention; the
protection and promotion of victims’ rights; and the prosecution of the perpetrators of such
crimes. Therefore, training and awareness-raising courses were run for police officers,
magistrates, labour inspectors, immigration officers and community workers.
16.
The concept of restorative justice had been introduced into the Code of Criminal
Procedure through the Law of 8 May 2017, which strengthened procedural safeguards in
criminal matters. In that respect, the Government was working together with the University
of Luxembourg to train restorative justice “facilitators”, who would play a role similar to
that of mediators.
17.
Luxembourg stated that in the “Luxleaks” case, it should be recalled that the Appeal
Court ruling had granted whistle-blower status. The partial cassation of that decision
following an appeal by the two parties did not call that recognition into question.
18.
Luxembourg was actively following efforts at the United Nations to draft a global
compact for safe, orderly and regular migration and a global compact on refugees. Between
2015 and 2017, 2,116 persons had obtained refugee status in Luxembourg, while 108
persons had been granted subsidiary status. Since December 2017, Luxembourg had
fulfilled all the commitments it had made within the European Union regarding the
relocation of applicants for international protection coming through Italy and Greece.
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