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TITLE: LUXEMBOURG HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
LUXEMBOURG
Luxembourg is a constitutional monarchy with a democratic
parliamentary form of government. Executive authority is
exercised by the Prime Minister. The role of the Grand Duke,
the titular Head of State, is largely ceremonial. The Chamber
of Deputies, a unicameral legislature, encompasses the full
political spectrum. The Council of State, an appointed body,
reviews legislation before it is given final approval by the
Chamber.
The police and gendarmerie who maintain order are subordinate
to governmental and judicial authority. Judicial and penal
systems are open, efficient, and fair.
Luxembourg has a prosperous free market economy with active
industrial and services sectors. Its standard of living and
level of social benefits are high.
Human rights are valued and safeguarded. Individual rights are
protected by law and respected in practice by both the
Government and the populace. Luxembourg's large foreign
population (just over 30 percent) is well integrated into the
society and the economy. National practices in apparent
conflict with human rights are quickly and publicly addressed.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Killing for political reasons did not occur.
b. Disappearance
There were no known instances of politically motivated
disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture or other unusual punishment is prohibited by law and is
not known to occur. An allegation by a resident Spanish
foreign national charging police use of excessive force is
being investigated to determine whether the police acted
outside the law.
d. Arbitrary Arrest, Detention, or Exile
Due process is provided by law and observed in practice.
Except in cases of hot pursuit, judicial warrants are required
for arrests. Detainees must be charged and must appear before
a judge within 24 hours of arrest. Prisoners are not held
incommunicado, and immediate access to an attorney is granted.
Those who are charged are held pending trial or released on
bail at the judge's discretion. Exile is never imposed.
e. Denial of Fair Public Trial
Luxembourg has an independent and fair judicial system with the
right of appeal. Civilians are not tried in military courts.
All defendants have access to legal counsel, at public expense
if necessary. All charges are formally and publicly stated.
Defendants are presumed innocent unless proven guilty. They
have the right to public trial, cross-examination of witnesses,
and presentation of evidence. Either the defendant or the
prosecutor may appeal a ruling. An appeal results in a
completely new judicial procedure, with the possibility that a
sentence may be increased or decreased. There are no political
prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy is protected by law and respected in
practice. A judicial warrant is required to enter a private
residence, to monitor private correspondence, or to conduct
electronic surveillance.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedoms of speech and press are legally protected and
respected in practice. Print media are privately owned and
free of governmental interference. The privately owned
national radio and television company has exclusive rights for
television broadcasting within Luxembourg. The company is
subject to governmental oversight but functions independently.
A newly instituted permit system allows the establishment of
other private radio stations. Radio and television broadcasts
from neighboring countries are freely available.
Censorship is not legally imposed, but societal consensus on
propriety largely precludes dissemination of extreme
pornography or of sensitive information concerning national
security or the royal family. Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
Freedom of peaceful assembly and association is provided by law
and exists in practice. No limitations are imposed on orderly
public demonstrations. Permits for public demonstrations are
routinely issued.
c. Freedom of Religion
There is no state religion, and full freedom of religious
choice exists. There are no restrictions on maintaining places
of worship, religious training or instruction, publication of
religious material, or participation in charitable activities.
Foreign clergy practice freely. Luxembourg's population is
about 95 percent Roman Catholic. The state pays the salaries
of Roman Catholic, Protestant, and Jewish clergy. Local
governments often provide and maintain religious facilities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is full freedom of domestic and foreign travel,
emigration, and repatriation. Luxembourg asylum policy grants
asylum seekers due process and full consideration of their
cases.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Luxembourg is a fully functional multiparty democracy. There
is universal suffrage for all citizens aged 18 and above.
Policy is freely debated within the Government and the
society. There is no risk in dissent; opposition groups and
political parties operate without fear of government
repression. National elections are held every 5 years, and
local elections every 6 years. Representatives are chosen by
secret ballot in direct elections which are based on a
proportional system. Multiple candidates run for most
positions. The Maastricht Treaty entitles nationals of
European Union (EU) states to vote in their country of
residence, starting in 1995, regardless of how long they have
lived there. Due to Luxembourg's large foreign population, it
has received a derogation whereby EU non-citizen residents who
have resided in Luxembourg for at least 5 years will be
permitted to vote in local and European Parliament elections.
Such residents may run for election after residing in
Luxembourg for at least 10 years.
Foreigners who have fulfilled certain age and residency
requirements (usually 18 years of age and 10 years of
residence, 5 of them continuously) may apply for Luxembourg
citizenship. Women participate freely in the political
process. There are seven women in the Chamber of Deputies,
including the President of the Chamber. Other women in senior
leadership positions include the Minister of Agriculture, the
Secretary of State for Public Health and Youth, three members
of the European Parliament, and the mayors of several major
municipalities, including Luxembourg City.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not restrict the activities of local or
international human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Racial, social, or sexual discrimination is prohibited by law.
In practice, blatant discrimination rarely occurs, and
relations among native Luxembourgers, immigrants, and other
foreigners are generally good.
Women
Women and men enjoy the same property rights. In the absence
of a prenuptial agreement, property is equally divided upon
dissolution of a marriage.
Equal pay for equal work is mandated by law. No job
discrimination suits have been brought to date. In addition to
prominent women politicians and civil servants, there are noted
women doctors, lawyers, and journalists. A recent European
Union study on women's presence in the Luxembourg labor market
noted that only 52 percent of Luxembourg women between the ages
of 25 and 49 work, which may be attributed in part to
Luxembourg's singular prosperity. The study also pointed out
that, while progress is being made, women's salaries in
Luxembourg are only 55 percent of men's earnings and that women
are concentrated in lower level clerical, janitorial, and sales
jobs but that progress is being made in the banking sector.
Violence against women is not widespread and is not tolerated
by society or the Government. Several women's rights groups,
including some that aid battered women, are active.
Prosecution of battery charges does take place, but cases are
rare.
Children
The Government is strongly committed to the protection of
children's rights and welfare. Luxembourg pays family
allocation allowances (calculated on a sliding scale according
to family income and size), birth premiums, and educational
allowances. School is compulsory, beginning at age 4. Among
other activities, the Ministry of Youth coordinates youth
centers, educational and cultural exchanges, and courses.
Child abuse is not considered to be a widespread problem. The
Luxembourg Association for the Prevention of Child Abuse
believes there may be about 200 cases a year. Victims of or
witnesses to child abuse may call for help on a hotline.
National/Racial/Ethnic Minorities
Government estimates in 1993 indicate that Luxembourg's foreign
population is over 30 percent of the total, primarily long-term
permanent residents. Approximately 85 percent of the foreign
population comes from European Community member states.
Luxembourg recognizes a need for foreign workers, and
foreigners generally are assimilated into the overall society
and economy without difficulty. "Skinheads" and neo-Nazis are
few, and antiforeigner incidents are infrequent (estimated at
less than 10 in 1993) and confined largely to harassment.
Police respond whether or not the motivation is antiforeigner.
The Government has tried to promote increased tolerance through
education and subsidizes French, German, and Luxembourg courses
to help integrate foreigners into the society.
Approximately 2,200 refugees from the former Yugoslavia resided
in Luxembourg under temporary special protected status in
1993. Government and private entities continued to support
their basic needs. Some 300-400 of these refugees were
working. Although precise figures are difficult to determine,
the Government has estimated that 220-250 refugees from the
conflict in the former Yugoslavia resided in Luxembourg without
the benefit of legal protection.
People with Disabilities
Luxembourg's national programs for the disabled are coordinated
by the Ministry of the Family. Job placement and professional
education assistance is provided by the Government. Disabled
workers apply for positions through the Employment
Administration. Businesses and enterprises with at least 25
employees must hire qualified disabled workers if they apply
and must pay them prevailing wages. Employers who do not
adhere to these quotas, which are determined by the size of the
employer's work force, are subject to monthly fines equivalent
to half of a disabled worker's monthly salary. There is no
record of complaints of noncompliance.
National legislation does not directly mandate accessibility
for the disabled, but builders receive subsidies to construct
"disabled friendly" structures. The Ministry aims to expand
access to public buildings, priority parking, housing, and
schools.
Section 6 Worker Rights
a. The Right of Association
All workers have the right to associate freely, choose their
own representatives, publicize their views, and determine their
agenda. Approximately 65 percent of the labor force is
unionized. Membership is not mandatory. Unions operate free
of governmental interference. The two largest labor
federations are linked to, but organized independently of, the
Christian Social and the Socialist Parties. There are also
several independent unions. Laws prohibiting discrimination
against strikes and strike leaders are enforced by a labor
tribunal.
Except for government workers providing essential services, all
workers have the right to strike. Essential workers include
police, army personnel, and medical workers in duty hospitals
and clinics. Those government workers who may strike must
observe certain conditions, such as preliminary cooling-off
periods. Workers rarely strike in Luxembourg; no strikes
occurred in 1993.
Unions maintain unrestricted contact with international bodies,
including the European Trade Union Confederation and the
International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining is protected by law and freely practiced
throughout Luxembourg. Wages, benefits, and working conditions
are set in negotiations between unions and employers.
Businesses having 15 or more employees must have worker
representatives. Businesses with over 150 employees must form
joint works councils composed of equal numbers of management
and employee representatives. In businesses with more than
1,000 employees, one-third of the membership of the supervisory
boards of directors must be employees' representatives.
Both Luxembourg law and practice promote union activity and
protect union leaders and members from discrimination.
Effective procedures exist and are used to adjudicate
employment-related complaints. Labor tribunals are authorized
to adjudicate employment-related complaints. A request for a
hearing before the court must be made in writing. Parties to
the dispute are summoned before the tribunal to give
testimony. The tribunal's decision may be appealed by either
party. The tribunal does not have the authority to require
that employers found guilty of antiunion discrimination
reinstate workers fired for union activities, but it can impose
fines on such employers.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and does not
exist.
d. Minimum Age for Employment of Children
Employment of children under the age of 15 is prohibited.
Children are required by law to remain in school until they are
16 years old. Apprentices between 15 and 16 years of age must
also attend school. Adolescent workers receive additional
legal protection, including limits on overtime and the number
of hours that can be worked continuously. The Ministries of
Labor and of Education oversee strict enforcement of national
child labor and education laws.
e. Acceptable Conditions of Work
The minimum wage legislation effective as of May 1993 provides
for a minimum wage for workers at least 18 years of age with no
dependents. The minimum wage for a single adult worker
throughout Luxembourg is approximately $6.50 per hour (232.99
Luxembourg francs). Lower, tiered minimum wage rates apply to
younger workers and students between 15 and 18 years of age and
increase yearly by age. Minimum wage rates apply to all
sectors of the economy without exception. All wages and
salaries are indexed to the general cost-of-living index.
Supplements to the minimum wage are added for workers with
dependents. Nonetheless, supporting a family in Luxembourg is
difficult on the minimum wage. In practice, most employees
receive more than the minimum wage.
National legislation mandates a workweek of 40 hours. Premium
pay is required for overtime or unusual hours. Employment on
Sunday is prohibited except in continuous-process industries
(steel, glass, and chemicals) and for certain maintenance and
security personnel. All workers receive a minimum of 5 weeks
of paid vacation yearly, in addition to paid holidays.
Luxembourg enjoys very high health and safety standards. A
safe working environment is mandated by law and strictly
enforced through an inspection system that provides severe
penalties for infractions. Inspections are carried out by the
Labor Inspectorate of the Ministry of Labor and by the Accident
Insurance Agency of the Social Security Ministry.
No laws or regulations specifically guarantee workers the right
to remove themselves from dangerous work situations without
jeopardy to continued employment. If workers believe that the
workplace is unsafe, they have the right to ask the Labor
Inspectorate to make a determination. Determinations of
workplace safety are usually made expeditiously.
[end of document]
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