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TITLE: LUXEMBOURG HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
LUXEMBOURG
Luxembourg is a constitutional monarchy with a democratic
parliamentary form of government. The role of the Grand Duke
is mainly ceremonial and administrative. The Prime Minister is
the leader of the dominant party in the popularly elected
Parliament. The Council of State, whose members are appointed
by the Grand Duke, serves as an advisory body to the
Parliament. The judiciary is an independent branch.
The Government effectively controls the security apparatus,
which consists of police and gendarmerie.
Luxembourg has a prosperous market economy with active
industrial and services sectors. Its standard of living and
level of social benefits are high.
The Constitution and laws provide for the full range of human
rights, and the Government respects these rights in practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law prohibits torture and other cruel punishment, and the
authorities respect these provisions. Officials immediately
investigated the sole allegation of police mistreatment and
took disciplinary action. Also in 1994, two police officers
were convicted of mistreating a resident foreigner in 1993;
they were given suspended sentences and required to pay fines.
d. Arbitrary Arrest, Detention, or Exile
The law stipulates that judicial warrants are required for
arrests except in cases of hot pursuit. Within 24 hours of
arrest the police must lodge charges and bring the suspect
before a judge. Suspects are not held incommunicado. They are
given immediate access to an attorney, at government expense
for indigents. The presiding judge may order release on bail.
Exile is never imposed.
e. Denial of Fair Public Trial
The independent judiciary is headed by the Supreme Court, whose
members are appointed by the Grand Duke. Defendants are
presumed innocent. They have the right to public trial, and
are free to cross-examine witnesses and to present evidence.
Either the defendant or the prosecutor can appeal a ruling;
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 law provides for the right to privacy, and the authorities
respect this. Police must obtain a judicial warrant in order
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
The law provides for freedom of speech and press, and the
Government does not restrict this freedom. Print media are
privately owned. The privately owned national radio and
television company has exclusive television broadcasting rights
within the country. A new permit system allows establishment
of other private radio stations. Radio and television
broadcasts from neighboring countries are freely available.
Academic freedom is fully respected.
b. Freedom of Peaceful Assembly and Association
The law provides for freedom of peaceful assembly and
association. The authorities routinely and unconditionally
grant permits for public demonstrations.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the
Government does not hamper exercise of this freedom. There is
no state religion, but the State pays salaries of Roman
Catholic, Protestant, and Jewish clergy, and several local
governments maintain sectarian religious facilities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens have full freedom of domestic and foreign travel,
emigration, and repatriation.
The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting
refugees, and does not expel those having a valid claim to
refugee status. It has taken no action against the more than
200 people from the former Yugoslavia remaining in Luxembourg
after the Government denied them temporary asylum.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Luxembourg is a multiparty democracy. Suffrage is universal
for citizens aged 18 and above, and balloting is secret.
National parliamentary elections are held every 5 years.
Women are active in political life. There are 7 women in
Parliament (including its President), 2 in the Cabinet, and
3 in the European Parliament, and the mayors of several major
municipalities, including the capital, are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not restrict the activities of domestic or
international human rights groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law prohibits racial, sexual, or social discrimination, and
the Government enforces these provisions. Blatant societal
discrimination occurs only rarely.
Women
Women enjoy the same property rights as men. In the absence of
a prenuptial agreement, property is equally divided upon
dissolution of a marriage.
The law mandates equal pay for equal work. To date there have
been no work-related discrimination suits. While the number of
working women remains relatively low, the percentage of women
who work has more than doubled over the past two decades, and
increasing numbers of women hold prominent positions in
medicine, law, journalism, and other professions, as well as in
public service. Latest official data indicate that from 1970
to 1991, the percentage of women aged 30 working outside the
home rose from 28 percent to 58 percent, while for women aged
40, the rate increased from 21 percent to almost 53 percent.
Violence against women is not widespread, and neither society
nor the Government is tolerant of it. The Government
prosecutes persons accused of violence against spouses or other
women, but cases are rare. Several women's rights groups aid
battered women.
Children
Child abuse does not appear to be widespread, and laws against
child abuse are enforced. The Association for the Prevention
of Child Abuse, a government organization created in 1984,
estimates there may be some 200 cases a year. The Association
works closely with other social service organizations and
maintains a hot-line for victims or witnesses.
National/Racial/Ethnic Minorities
Although foreigners constitute over 30 percent of the total
population, antiforeigner incidents are infrequent and rarely
involve violence. Resident "skinheads" and neo-Nazis are few.
In August the police rapidly dispersed and deported over 150
neo-Nazis from surrounding countries who attempted to stage
racist demonstrations in Luxembourg.
People with Disabilities
National legislation does not directly mandate accessibility
for the disabled, but the Government pays subsidies to builders
to construct "disabled-friendly" structures. Despite
government incentives, only a modest proportion of buildings
and public transportation have been modified to accommodate
people with disabilities.
The Government helps disabled persons obtain employment and
professional education. By law, businesses and enterprises
with at least 25 employees must fill a quota for hiring
disabled workers, and must pay them prevailing wages. The
quota is fixed according to the total number of employees, and
employers who do not fulfill them are subject to sizable
monthly fines. There have been no known complaints of
noncompliance.
Section 6 Worker Rights
a. The Right of Association
All workers have the right to associate freely and choose their
representatives. About 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,
major political parties. The law prohibits discrimination
against strikes and strike leaders, and a labor tribunal deals
with complaints on these matters.
All workers have the right to strike except for government
workers providing essential services such as police, armed
forces, and hospital personnel. However, strikes are rare;
none occurred in 1994.
Unions maintain unrestricted contact with international
bodies.
b. The Right to Organize and Bargain Collectively
The law provides for and protects collective bargaining, which
is conducted in periodic negotiations between centralized
organizations of unions and employers. Enterprises having 15
or more employees must have worker representatives to conduct
collective bargaining. Enterprises with over 150 employees
must form joint works councils composed of equal numbers of
management and employee representatives. In enterprises with
more than 1,000 employees, one-third of the membership of the
supervisory boards of directors must be employees'
representatives.
The law provides for adjudication of employment-related
complaints, and it authorizes labor tribunals to deal with
them. A tribunal can impose a fine on an employer found guilty
of antiunion discrimination, but it cannot require the employer
to reinstate a worker fired for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and neither
occurs.
d. Minimum Age for Employment of Children
The law prohibits employment of children under age 15, and
requires children to remain in school until age 16.
Apprentices who are 15 or 16 years old must attend school in
addition to their job training. Adolescent workers under age
18 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
effectively monitor the enforcement of national child-labor and
education laws.
e. Acceptable Conditions of Work
The law provides for minimum wage rates at levels that vary
according to the worker's age and number of dependents. The
minimum for a single worker over age 17 is approximately $7.49
per hour (238.81 Luxembourg francs). Supporting a family is
difficult on the minimum wage, but most employees earn more
than the minimum.
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. Employment on Sunday must be voluntary and
compensated at double the normal wage; and the employee must be
given compensatory time off on another day, equal to the number
of hours worked on Sunday. The law requires rest breaks for
shift workers, and limits all workers to a maximum of 10 hours
per day including overtime. All workers receive at least 5
weeks of paid vacation yearly, in addition to paid holidays.
The law mandates a safe working environment. An effective
inspection system provides severe penalties for infractions.
The Labor Inspectorate of the Ministry of Labor, and the
Accident Insurance Agency of the Social Security Ministry,
effectively carry out their inspections.
No laws or regulations specifically guarantee workers the right
to remove themselves from dangerous work situations without
jeopardy to continued employment, but every worker has the
right to ask the Labor Inspectorate to make a determination,
and the Inspectorate usually does so expeditiously.
(###)
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