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Luxembourg

Grand Duchy of Luxembourg - Europe


Regional

Treaty Signed Ratified* Protocols Reservations Notes
African Charter (1981)
Am. Declaration (1948)
Am. Convention (1969)
Arab Charter (2004)
ECHR (1950) 4-Nov-1950 3-Sep-1953 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14
EU Charter [2000 (2009)] 13-Dec-2007 3-Jul-2008

Universal

Treaty Signed Ratified* Protocols Reservations Notes
ICERD (1966) 12-Dec-1967 1-May-1978
ICESCR (1966) 26-Nov-1974 18-Aug-1983
ICCPR (1966) 26-Nov-1974 18-Aug-1983 1; 2

(a) The Government of Luxembourg considers that article 10, paragraph 3, which provides that juvenile offenders shall be segregated from adults and accorded treatment appropriate to their age and legal status, refers solely to the legal measures incorporated in the system for the protection of minors, which is the subject of the Luxembourg youth welfare act. With regard to other juvenile offenders falling within the sphere of ordinary law, the Government of Luxembourg wishes to retain the option of adopting measures that might be more flexible and be designed to serve the interests of the persons concerned.

(b) The Government of Luxembourg declares that it is implementing article 14, paragraph 5, since that paragraph does not conflict with the relevant Luxembourg legal statutes, which provide that, following an acquittal or a conviction by a court of first instance, a higher tribunal may deliver a sentence, confirm the sentence passed or impose a harsher penalty for the same crime. However, the tribunal's decision does not give the person declared guilty on appeal the right to appeal that conviction to a higher appellate jurisdiction.

The Government of Luxembourg further declares that article 14, paragraph 5, shall not apply to persons who, under Luxembourg law, are remanded directly to a higher court or brought before the Assize Court.

(c) The Government of Luxembourg accepts the provision in article 19, paragraph 2, provided that it does not preclude it from requiring broadcasting, television and film companies to be licensed.

(d) The Government of Luxembourg declares that it does not consider itself obligated to adopt legislation in the field covered by article 20, paragraph 1, and that article 20 as a whole will be implemented taking into account the rights to freedom of thought, religion, opinion, assembly and association laid down in articles 18, 19 and 20 of the Universal Declaration of Human Rights and reaffirmed in articles 18, 19, 21 and 22 of the Covenant.

CEDAW (1979) 17-Jul-1980 2-Feb-1989 1
CAT (1984) 22-Feb-1985 29-Sep-1987 1

Interpretative declaration:

Article l

The Grand Duchy of Luxembourg hereby declares that the only “lawful sanctions” that it recognizes within the meaning of article 1, paragraph 1, of the Convention are those which are accepted by both national law and international law.

CRC (1989) 21-Mar-1990 7-Mar-1994 1; 2

Reservations:

1) The Government of Luxembourg believes that it is in the interest of families and children to maintain the provision of article 334-6 of the Civil Code, which reads as follows:

Article 334-6. If at the time of conception, the father or mother was bound in marriage to another person, the natural child may be raised in the conjugal home only with the consent of the spouse of his parent.

2) The Government of Luxembourg declares that the present Convention does not require modification of the legal status of children born to parents between whom marriage is absolutely prohibited, such status being warranted by the interest of the child, as provided under article 3 of the Convention.

3) The Government of Luxembourg declares that article 6 of the present Convention presents no obstacle to implementation of the provisions of Luxembourg legislation concerning sex information, the prevention of back-street abortion and the regulation of pregnancy termination.

4) The Government of Luxembourg believes that article 7 of the Convention presents no obstacle to the legal process in respect of anonymous births, which is deemed to be in the interest of the child, as provided under article 3 of the Convention.

5) The Government of Luxembourg declares that article 15 of the present Convention does not impede the provisions of Luxembourg legislation concerning the capacity to exercise rights.

CPRMW (1990)
CRPD (2006) 30-Mar-2007 26-Sep-2011 1
ICCPED (2006) 6-Feb-2007

* or accession/succession

doc. JUDr. Mgr. Pavel Molek, Ph.D., LL.M. et al. |
KÚPP, Faculty of Law, Masaryk Univesity |
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