CEDAW 28th Session: Luxembourg commended for commitment to promoting gender equality



UNITED NATIONS
Press Release
22 January 2003

xxxxxxxxxx
LUXEMBOURG COMMENDED FOR COMMITMENT TO PROMOTING GENDER EQUALITY, AS 
WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONSIDERS COUNTRY'S FOURTH REPORT
xxxxxxxxxx

Committee on Elimination of
Discrimination against Women

But experts Regret Delays in Process
To Remove Country's Reservation to Convention


Commending Luxembourg for its deep commitment and obvious desire to 
promoting gender equality, expert members of the Committee on the 
Elimination of Discrimination against Women also expressed disappointment 
at the slow pace of legislative reform in the country.

The Committee's 23 experts, who, in their personal capacity monitor 
compliance with the Convention on the Elimination of all Forms of 
Discrimination Against Women, were considering Luxembourg's fourth periodic 
report in two meetings today.

While describing Luxembourg's numerous legislative efforts as praiseworthy, 
several experts also regretted delays in the process to remove Luxembourg's 
reservations to the Convention.  France's expert said that the process to 
include gender equality in Luxembourg's Constitution had been underway for 
several years.  Noting a contradiction between the goals of the Women's 
Convention and the evolution of Luxembourg's laws, she urged the country's 
to move forward with the necessary Constitutional amendments.

[Luxembourg ratified the Convention in 1989 with two reservations.  The 
reservation to article 7 on political and public life was put forward on 
the grounds in that the rules for succession to the Crown of the Grand 
Duchy of Luxembourg are based on male primogeniture.  Reservations to 
article 16 –- marriage and family life –- relates to a child's patronymic 
name.]

Several experts also expressed disappointment that Luxembourg had not yet 
ratified the Optional Protocol to the Convention.  As Luxembourg was one of 
the first countries to sign the Optional Protocol, experts expressed their 
desire to see the ratification process completed.  [The Optional Protocol 
of December 2000 entitles the Committee to consider petitions from 
individuals or groups of women who have exhausted national remedies and to 
conduct inquiries into grave or systematic violations of the Convention.]

Experts also expressed concern about the sexual exploitation of women, 
especially as it related to Luxembourg's large immigrant population.  The 
best way to combat trafficking was to fight prostitution, the expert of 
Hungary said.  With no market or demand, there would be no trafficking.

Introducing Luxembourg's report, Marie-Josee Jacobs, Minister for the 
Advancement of Women, said that bills on the approval of the Optional 
Protocol as well as the amendment to article 20.1 of the Convention had 
been deposited in 2001 with the Chamber of Deputies, which had already 
indicated its agreement.  She expected that ratification of the Optional 
Protocol would take effect shortly after its consideration by the 
Parliamentary Assembly.  She was also optimistic that the inclusion of the 
principle of gender equality in the Constitution would soon be adopted.

Responding to delegates' queries, she said the flow of immigrants into 
Luxembourg was considerable.  Some 1,000 people sought refugee in 
Luxembourg every year.  Those who qualified for asylum status received 
housing, shelter, food, pocket money, health care, free transportation and 
language training.  Foreign workers were entitled to the same rights as 
Luxembourg citizens.  The laws applied in equal measure to nationals as 
well as foreign workers.  While trafficking in women using Luxembourg visas 
did occur, the Government feared, however, that traffickers would go 
underground if visas were rescinded.

Regarding the slow pace of legislative change, she said Luxembourg usually 
had coalition governments of two parties, which agreed on draft bills.  The 
Government prepared the draft laws, and deputies could make proposals on 
them.  They were then presented to the Chamber of Deputies, which provided 
advice.  The process did indeed take a long time, which could be 
frustrating.  On the other hand, once the coalition Government agreed to 
implement a bill, it was done.

Concluding the meeting, Committee Chairperson, Feride Acar of Turkey, said 
that the speedy removal of Luxembourg's reservations to the Convention 
would send a powerful message not only to Luxembourg society but also to 
the international community.

The Committee will meet again tomorrow, 23 January, at 10 a.m. to consider 
Canada's fifth periodic report.

Background

The Committee on the Elimination of Discrimination against Women met today 
to consider the fourth periodic report of Luxembourg (document 
CEDAW/C/LUX/4) submitted in compliance with article 18 of the Convention on 
the Elimination of All Forms of Discrimination against Women, which 
Luxembourg ratified in 1989.   The report covers the period from 1998 to 
2002, and focuses in particular on the Committee's recommendations 
following its consideration of Luxembourg's third periodic report in 2000.

Regarding the inclusion of gender equality within Luxembourg's 
Constitution, the report says that planned amendments to the Constitution 
will be adopted during the 2000 to 2004 legislative term.  A draft 
amendment includes a provision specifying that "women and men have equal 
rights and duties".  It also says that the State may adopt specific 
measures to guarantee de facto equality in the exercise of rights and duties.

The report describes recent laws which embody the principle of equality 
between men and women, including the 1999 Law with respect to National Plan 
of Action.  Among that Law's provisions is the obligation to discuss the 
establishment of an equality plan when collective agreements are negotiated 
in the private sector; parental leave; and measures to promote the 
employment of women.  Other laws address issues such as occupational 
training, sexual harassment, the burden of proof in cases of 
discrimination; and protection for workers who are pregnant, have recently 
given birth or are breastfeeding.

The report also states that Luxembourg adopted the Beijing +5 National Plan 
of Action in June 2001.  The Plan of Action introduces a gender 
mainstreaming approach with respect to the gender dimension in all aspects 
of policy.  The Government also affirms its commitment to organize positive 
actions and take positive temporary measures to establish true gender 
equality in all areas where discrimination exists.

Regarding Luxembourg's reservations to the Convention, the report says that 
the reservation to article 7 is based on the fact that the rules for 
succession to the Crown of the Grand Duchy of Luxembourg, which are based 
on male primogeniture, are embodied in Luxembourg's 
Constitution.  Withdrawal of the reservation requires an amendment to the 
Constitution, and the constitutional provision in question  has not been 
declared "amendable".  Luxembourg's Constitution does not permit a 
constitutional provision to be declared amendable during the course of a 
legislative term.  Legislative work to remove Luxembourg's reservation to
article 16 of the Convention -- that relating to a child's patronymic name 
-- is currently under way.

Polices have been taken to change behaviour and stereotypes, the report 
states.  Several legislative policies have been adopted, including the 
introduction of parental leave for both fathers and mothers; the obligation 
to negotiate an equality plan as part of the negotiation of collective 
agreements; the introduction of positive actions in private-sector 
enterprises; and the law on protection from sexual harassment in the 
context of working relations.  Many awareness and orientation actions are 
being organized for women who re-enter the workforce.

The situation of women in the labour force is examined each year in 
Luxembourg within the framework of its National Action Plan on Employment, 
the report says.  The Government has planned a major campaign focusing on 
the pay gap between women and men.  The project, which has received 
financial assistance from the European Commission, is entitled "Pay 
equality and the challenge of democratic economic development".

In 1999, the Government made a commitment to enacting legislation for the 
removal of persons from the family home who commit acts of domestic 
violence, the report states.  Draft legislation on violence was tabled in 
the Chamber of Deputies in May 2001.  Among its provisions, the bill would 
provide the Government with the necessary tools for gathering data on 
domestic violence.

The reform to the Civil Service Statute contains several measures to 
reconcile family and work life.  They include:  expanding opportunities for 
part-time employment; rehiring of women public servants obliged to resign 
prior to 1984 for the purpose of raising their children; refresher training 
courses; and, enhanced flexibility in the organization of work schedules.

Introduction of Report

MARIE-JOSEE JACOBS, Minister for the Advancement of Women, introducing 
Luxembourg's fourth periodic report, said the Ministry for the Advancement 
of Women had been established in 1995.  All government actions were 
analysed from the viewpoint of the implementation of the 
anti-discrimination Convention, and in following up the Committee's 
previous recommendations, many positive actions had been taken.  The 
Committee's report and recommendations had been broadly distributed 
throughout the Government and civil society.  A manual on the Convention 
for young people had been updated and distributed to school children, and 
the Government had reaffirmed its commitment to the gender dimension in all 
political areas.  A survey of actions had been established as part of 
Luxembourg's Beijing +5 National Plan of Action.

A bill to approve the Optional Protocol to the Convention had been 
deposited in 2001 with the Chamber of Deputies.  That bill also included 
the amendment to article 20.1 of the Convention, she said, and the Chamber 
had indicated its agreement with the bill.  The Commission on Gender 
Equality and the Advancement of Women had also recommended that favourable 
action be taken on the bill.  She expected that Ratification of the 
Optional Protocol would take effect shortly after its consideration by the 
Parliamentary Assembly.  The inclusion of the principle of gender equality 
in the Constitution was still being reviewed since agreement had not been 
found on all the paragraphs in the article concerned.  She was optimistic 
that the text would be adopted during the current legislative period.

The same held for the reservation to article 7 of the Convention on the 
succession to the Crown, she continued.  The current constitutional 
schedule did not make a constitutional provision revisable.  The 
legislative body had the right to declare that there could be an amendment 
of a constitutional provision that it designated.  That would make it 
possible to make the revision regarding the succession to the 
Crown.  Regarding the second reservation, a bill had been deposited in 
2001.  The reservation regarding the name of the child would be removed 
prior to the submission of the second report, she believed.

Regarding recent legislative changes, she announced the adoption of a law 
against sexual harassment in 2000.  Sexual harassment continued to persist, 
despite the new legislative provisions.  While the number of complaints 
received were few, many people suffered from sexual discrimination in the 
workplace.  An information guide on the law was being provided for 
employers.  According to a bill on conjugal violence, women would no longer 
be forced to leave the family home, and the perpetrator of the violence 
would no longer be able to stay in the home.  a group on family violence 
had been set up and was providing training at police academies.  Many 
public relations-awareness campaigns were being carried out and included 
the opening of shelters and translation into Portuguese of information on 
shelters.  The focus in 2003 would be in the training of police.

Regarding migration and trafficking in human beings, she said many people 
requested asylum in Luxembourg.  Flows from the former Yugoslavia, in 
particular Montenegro, had been considerable and numbered some 1,000 per 
year.  Luxembourg provided a legal framework for asylum requests.  Once a 
request had been made, it was reviewed by the Ministry of Justice.  The 
duration of asylum varied from six months to three years.  Refugees 
received housing, shelter, meals, pocket money, health care, free 
transportation and language training.  Specific care was given to women 
travelling alone and to single parent families.  A second group -– pregnant 
women -- were given housing in the best possible areas near to health 
care.  Women interpreters were also provided.  In 2003, a project entitled, 
"For Women, with Women", had been established by a non-governmental 
organization (NGO) to provide a place for psychological support.

Trafficking in human beings and sexual exploitation were akin to slavery, 
she said.  Investing in the economic development of poor countries would 
help to reduce migration.  Luxembourg had been the target of criticism on 
its procedure to grant authorization for performing artists.  There were 
specific provisions in that area, and the delegation was ready to provide 
information.

On the impact of the May 1999 law on sexual exploitation, she said there 
were no cases currently before the courts in that area.  A campaign against 
the sexual exploitation of children was currently under way, and education 
of children continued to be a concern.  Integrating gender equality and 
democracy must be done as early as possible for all players in 
society.  Women and men were being provided training in the areas of 
stereotypes and socialization.  Experts, both men and women, were in the 
process of establishing an enterprise to create awareness of positive 
actions.  Training of men and women delegates in the private sector would 
also continue.

The study on the impact of gender in professional development had been 
prepared in 2002, she said.   Young women were beginning to change their 
professional activities, and the concept of women remaining at home had 
lost much of its relevance.  There had been greater equality in the 
distribution of family responsibilities between men and women, as the 
number of men attending to family matters had increased.  Men now comprised 
some 13 per cent of the people given parental leave.  That was a major 
success.  In 2003, a campaign to promote parental leave for men would take 
place.

The number of women in the workforce was increasing, she added.  Measures 
to integrate young women and to bring women back to the workplace had been 
made part of the National Plan for Employment.  A general rule had been 
defined to determine conditions for post-school services, and government 
financial aid was used to construct facilities.  Discounts for child care 
were given to parents in lower- income brackets.  A number of the 
municipalities had expanded their own day-care centres outside school 
hours, and 60 out of 118 municipalities currently had structures to deal 
with children at the preschool and elementary levels.  In
33 communities, students were taken care of throughout the year, including 
during vacation periods.

Professional guidance and training courses were being organized to help 
women re-enter the workplace, she said.  To reduce the gap between men and 
women's salaries, a project, entitled "Equal pay, a democratic and legal 
challenge", had been implemented last year.  Trade unions had adopted 
action plans to fight the pay gap.  A study carried on wage inequality 
showed a 28 per cent salary gap between men and women.  To reduce the gap, 
companies were to adopt programmes to categorize jobs.

A key element for achieving equality was changing mentalities, she 
said.  Women would not be able to have the same jobs unless they had the 
same educational levels.  Career interruption severely comprised women's 
income.  Reform of part-time work and improving the degree to which 
equality was introduced in the private sector was anticipated.  Discussions 
with civil society partners on salary and wage gaps had triggered increased 
awareness of equality issues.  The Government had succeeded in persuading 
social partners and leaders to cooperate in meeting the challenge of 
removing salary and wage gaps.  At the legislative level, bills had been 
submitted on domestic violence, the Optional Protocol, the adoption of the 
amendment to article 20.1 of the Convention, and on moral harassment in the 
workplace.

Expert Comments and Questions

AYSE FERIDE ACAR, expert from Turkey and Chairperson of the Committee, 
commended Luxembourg for its timely reporting.  She was happy to hear that 
the country had taken the Committee's recommendations to the appropriate 
levels of Government and praised the resulting legislative amendments and 
policy amendments. However, she was disappointed that it had yet to ratify 
the Optional Protocol, since Luxembourg was among the initial countries 
that had signed it.  She was pleased that the country's Constitution would 
be amended with respect to male descendency, and the consequent withdrawal 
of the country's reservation to
article 7 of the Convention.  Regarding the issue of the patronymic names, 
she urged Luxembourg to amend that provision of the Constitution in a 
timely manner.

HANNA BEATE SCHOPP-SCHILLING, expert from Germany, said Luxembourg's report 
was over-descriptive and encouraged the country to be more action-oriented 
in future.  She then asked for clarification on action plans for the 
advancement of women in private firms.

FRANÇOISE GASPARD, expert from France, noted a contradiction between the 
goals of the Convention and the evolution of Luxembourg's laws.  The 
revision process of the Constitution regarding article 7 of the Convention 
had been under way for several years, and she asked whether it would be 
completed during the current revision period.  She also mentioned other 
"draft laws" the country had drawn up to comply with the Convention, and 
wondered when they would be adopted. She urged Luxembourg to move forward 
with its constitutional amendments.

CORNELIS FLINTERMAN, expert from the Netherlands, said the status of the 
Convention within Luxembourg's legal system remained to be clarified.  The 
Government had said the Convention could be invoked before the courts, 
since it had been approved by the country's Parliament, but who would 
decide that the provisions of a human rights instrument would be applied –- 
the Government or the judiciary?  He also asked why no case law related to 
the Convention.  Was that because the Convention's provisions were not 
directly applicable?

KRISZTINA MORVAI, expert from Hungary, said Luxembourg's report showed the 
country's clear commitment with respect to the advancement of 
women.  However, she noted that the attitude of the report towards 
prostitution and trafficking was not in line with that philosophy.  How 
could Luxembourg talk about sexual equality when prostitution existed in 
the country, and men paid to treat women as objects. The country should be 
helping women leave prostitution or prevent them from entering it.

DUBRAVKA SIMONOVIC, expert from Croatia, asked for clarification with 
respect to the Convention and incorporating it into the country's legal 
system. Were the country's lawyers fully educated and aware of the 
Convention?  What was the percentage of women in the judiciary?

HEISOO SHIN, expert from the Republic of Korea, said the report was 
confusing because of the way it was written, and suggested it be presented 
more clearly in future.  She was also surprised that only six cases of 
sexual harassment had appeared in 2000-2002 and asked why that was the 
case.  Also, how were equality delegates selected in the private sector, 
since more of those were men than women?

FUMIKO SAIGA, expert from Japan, said some of the country's replies in the 
report were rather blunt, with no comments or statistics.  For example, 
surely the Government possessed data on domestic violence that could be 
included in the report.

REGINA TAVARES DA SILVA, expert from Portugal, said she was unclear about 
Luxembourg's position on article 7 of the Convention, and commented on the 
country's slow pace in amending its Constitution in that respect.  She also 
commented on the report's treatment of sex workers, which made prostitution 
sound like a natural fact of life.

Country Response

Ms. JACOBS said Luxembourg usually had coalition governments of two 
parties, which agreed on draft bills.  The Government prepared the draft 
laws and deputies could make proposals on them.  They were then presented 
to the Chamber of Deputies, which provided advice.

There was also the Legal Committee, she said.  The Chamber of Deputies 
provided opinion on reservations to the Convention.  It did indeed take a 
long time, which could be frustrating.  On the other hand, once the 
coalition Government had recognized that a bill was going to be 
implemented, it was done.  The draft bill on domestic violence was now 
being considered by the Council of State.  The same applied to the 
patronymic bill before the Chamber.

A number of members had asked about positive actions taking place in 
private companies, she said.  Social partners were obligated to negotiate 
gender equality plans.   The entrepreneurs themselves were interested in 
positive actions that would keep employees in companies.

As to reservations, she would have liked to have reported that the 
inclusion in the Constitution of equal opportunities with the obligation to 
take special measures.  Regarding the succession to the Crown, the Duchy 
had agreed to change in that direction.  The prevailing political opinion 
in the country supported constitutional change, rather than an 
interfamilial pact with the Duchy's family.

On the issue of prostitution, she said the matter was very much being 
discussed in Luxembourg.  With 100,000 people crossing the border every day 
for work purposes, Luxembourg faced many problems because of its proximity 
to other major countries.  Luxembourg was against the phenomenon of 
pimping, which was a reality.  The country also opposed the ill treatment 
of prostitutes by those engaged in pimping.  Around the major railway 
station in the capital city, prostitution involving people from other 
countries was a problem.

On visa questions and trafficking in people, she said the delegation would 
welcome the Committee's proposals, as those issues had been matters of much 
discussion.  The trade in people, drugs and weapons was widespread.  She 
would be obliged to the Committee for its expert advice on measures to deal 
with the scourge of trafficking.

Regarding sexual harassment, efforts to inform both trade unions and 
equality delegates within companies continued, she said.  Luxembourg's 
major cities had more foreigners than its own citizens.  The phenomenon of 
working women was not part of Luxembourg's tradition.

VIVIANE ECKER, Adviser, Lawyer and Independent Expert to the Minister for 
the Advancement of Women, said the Convention took precedence over national 
law.  The Convention had been invoked in three cases in which the courts 
had had a chance to imply interpretative powers.  In two cases, the courts 
took the view that the provisions invoked did not give rise to individual 
rights.  One case had to do with the family name.  The courts had ruled 
that the provisions of the Convention were not precise enough to be 
directly applicable.  That was Luxembourg's jurisprudence.  Luxembourg 
often emulated the jurisprudence from either France or Belgium.

Regarding normative temporary measures, article 11 of the Constitution 
would be revised to include a provision in which specific positive measures 
would become a part of the Constitution.  Once the Constitution was 
amended, positive measures would be in place.

Ms. JACOBS agreed that more statistics were needed in certain areas.

MADDY MULHEIMS, Government Adviser for the Minister for the Advancement of 
Women, said action to provide more jobs for women must be seen as part of 
the 1998 nationwide job action plan.  The institution of equality delegates 
had been set up as part of that, and adoption of the law on the 
establishment of equality delegates dated from 2000.  Half the delegates 
were men.  In fact, the delegates were elected when company elections were 
held.  Delegates were trained and given insights into how to manage 
complaints from all salaried staff.  Many different companies had not yet 
appointed equality delegates -- that situation would most likely change 
this year.

Regarding normative temporary measures, she said Luxembourg had begun 
moving towards a culture of equality.  Efforts were under way to bring 
trade unions and employers together to discuss how to take positive 
action.  Companies had a keen interest in subsidies to finance positive 
action with a view to better managing their own people.  Salary and wage 
equality-projects must achieve sensitization at the employer and trade 
levels.  A gender-neutral approach to job classification was one such example.

SJAMSIAH ACHMAD, expert from Indonesia, said she was concerned about the 
notion that the large number of women in NGOs made it easy for them to 
express their opinion.  Were those opinions then limited to social and 
cultural problems, excluding political and other issues of serious 
consequence?  She was also disappointed at the lack of statistics in 
Luxembourg's report, some of which had been requested by the Committee.

MERIEM BELMIHOUB-ZERDANI, expert from Algeria, commented that Luxembourg 
had not yet ensured women's participation in politics, and stressed that 
women needed to be present in the decision-making process.  The country had 
acknowledged that women in Parliament had increased from 18.5 per cent to 
20 per cent as a result of the last two elections, but that proportion was 
far from gender equality.  Why could the country not draw up a draft law to 
empower women in Parliament? Subsidies should be provided to parties that 
had women in their lists, and women could also be appointed to various 
governmental positions.

Country Response

Ms. JACOBS said her Ministry had proposed special subsidies for political 
parties promoting women, but the proposals had not been adopted because the 
parties had not agreed.  Sometimes it was difficult to change the mindsets 
of men, and bring about change.  Politics was also a difficult profession, 
and women were more reluctant than men to enter it.  Women had more 
obligations in the family than men, added to their professional lives. If 
they could not reconcile political and family life, many women would not 
take the step into politics.

CHRISTINE DOENER, President of the National Council of Women, said the 
Council had undertaken many positive efforts to provide women with 
assistance at all levels. The Council was a federation of women in 
Luxembourg bridging the interests of individual women and the Ministry for 
the Advancement of Women.  Women in the Council could apply pressure to 
ensure that parties took measures to advance women, including placing more 
women on their lists.

The Council's greatest effort, she continued, was in promoting policies at 
the local level, which were aimed at creating equal opportunity commissions 
and gender equality. There was also a national effort -- made possible 
through support from the Ministry for the Advancement of Women -- to make 
women more visible in terms of electoral lists.  A legal expert in the 
Council contributed to efforts focusing on women's employment.

The Council also provided advice about all laws affecting women, so that 
the Ministry could intervene to that end.  The Council had a special team 
dealing with social rights, which gave free courses abroad.  In addition, 
the Council convened quarterly meetings on policy for the advancement of 
women, and held courses on seminars and rhetoric, so that women could learn 
to speak in public.  The aim was to interest women in becoming more 
involved at the political level, both nationally and locally.

Experts Comments and Questions

SALMA KHAN, expert from Bangladesh, asked for an explanation for the number 
of foreign guest workers.  Why had Luxembourg had not been able to create 
enough interest among local Luxembourg women to participate in the 
workforce?  When she looked at the wage disparity, she wondered if 
Luxembourg was enjoying economic development at the cost of cheap 
labour.  Further, she wondered if guest workers were given long-term or 
casual appointments, in which case they did not receive benefits.  Benefits 
and wages were much lower in the private sector.  Were foreign workers able 
to find employment in the public sector?  Among the reasons for women 
staying were lower educational levels and the lack of childcare.  The 
unemployment rate among national women aged 15 to 24 years was quite high.

AKUA KUENYEHIA, expert from Ghana, said she was impressed with the detailed 
information on the issue.  The Government seemed to pay close attention to 
the issue.  She was intrigued, however, that the report had not said 
anything about HIV/AIDS, and asked for more information on it.

FATIMA KWAKU, expert from Nigeria, asked for information on rural women, 
including the law for rural development.  To what extent were rural women 
benefiting from that law?

Ms. SAIGA, expert from Japan, asked about the new pension law and its 
affect on women.  She assumed that the Government had calculated how the 
law would positively affect women.

NAELA GABR, expert from Egypt, said she found no reference to elderly 
women, which was an important issue.  The percentage of aged women was 
rising.  What was being done in that regard?

HUGUETTE BOKPE GNACADJE, expert from Benin, said equality before the law 
was an important issue.  The report indicated that de jure equality was one 
step towards achieving de facto equality.  The report fell short in its 
response to article 15 of the Convention.  It painted a picture of de jure 
inequality.  Sentences for sexual abuse, for example, differed.  What 
legislative measures were being envisaged to correct de jure 
inequalities?  What machinery would be used to provide positive 
change?  Did the courts apply the laws already on the books?  The response 
to article 16 was limited to patronymic name.  What about the right to 
enter into marriage or dissolve it?

Country Response

Ms. JACOBS said the report had been briefer than in the past, primarily 
because they did not wish to repeat information.

Foreign workers had the same rights as Luxembourg's citizens, she 
said.  Those who lived in Luxembourg received the same benefits.  There was 
no discrimination in the work place.  Luxembourg's European partners would 
not allow that.  The laws applied in equal measure to nationals, as well as 
foreign workers.  They did not have to work longer hours.  Regarding the 
low level of Luxembourg women working, as compared to foreign workers, part 
of the tradition in Luxembourg had been to stay home once married.  It was 
difficult for many families to ensure that their children were properly 
cared for, because of a lack of day-care centres.

Regarding HIV/AIDS, she regretted the oversight in the report.  HIV/AIDS 
did afflict men and women in Luxembourg.  More time would be needed to 
provide statistics.  Efforts were being made to alert young people to the 
consequences of HIV/AIDS.  On another issue, she said being a Luxembourg 
woman had nothing to do with receiving agricultural subsidies.  There were 
fewer people working the land and the Government was seeking to promote 
rural development and rural tourism.

Regarding the question on pensions, many women had never had a full career, 
she said.  People would rather pay into an account.  If you worked longer, 
you would get greater benefits.  Also, Luxembourg had a growing number of 
elderly women, and the Government was trying to meet their needs.  For 
people 80 years or over, there were 300 women for every 100 men who were 
institutionalized.  Assuring the autonomy of the elderly was important.

Ms. ECKER said that equality for women before the law in Luxembourg had 
been achieved in the 1970s and 1980s, during the period when the country 
was adopting the Convention.  However, a lengthy process was involved in 
the transformation from formal to actual equality.

Women had the same access to the courts as men, she said, and there were 
two mechanisms in place ensuring their access to the justice system.  One 
was a reception information service in the system, while the other was 
judicial assistance for people with low incomes.

Comments and Questions by Experts

HANNA BEATE SCHOPP-SCHILLING, expert from Germany, asked if Luxembourg 
referred to the Convention as a justification when it was drawing up new 
legislation.

CORNELIS FLINTERMAN, expert from the Netherlands, noted that the judiciary 
in general was somewhat conservative when it came to acknowledging 
international treaties in court, especially if a conflict existed with 
national law.  Did the Luxembourg Government believe the provisions of the 
Convention were directly applicable in court cases?  Did the Government 
plan to openly declare that the Convention's provisions were directly 
applicable in such cases when it ratified the Optional Protocol?  The 
direct applicability of the Convention was instrumental in furthering 
women's human rights in the country, he stressed, as was educating the 
judicial system.

KRISZTINA MORVAI, expert from Hungary, asked whether cabaret workers were 
given privileged visas when they entered the country.  If so, what was the 
justification for that?  Urging the country to eliminate such a visa, she 
said the best way to combat trafficking was to fight prostitution, which 
simply strengthened old stereotypes.  With no market or demand, there would 
be no trafficking.  Men, she stressed, should also be drawn into the issue 
and made more aware of the connection between prostitution and trafficking.

FRANCOISE GASPARD, expert from France, asked what happened to a married 
immigrant woman's residence status if she divorced, considering she was not 
granted independent status upon arrival.  Was she allowed to stay in the 
country?

Country Response

Ms. JACOBS noted that Luxembourg had obligations under European directives, 
which did not run counter to the Convention itself.  However, Luxembourg 
was interested in amending some of the more binding European directives, 
particularly in the areas of labour law and social exclusion.  Also, there 
were many areas that had not yet been covered by European 
directives.  Luxembourg had held conferences and training sessions on 
women's rights, but it was difficult to find people from the legal 
profession who wished to take part.  Noting that the Convention was not 
hugely popular among the legal profession, she said training should be 
extended to beginning lawyers and judges.

Luxembourg was thinking of doing away with visas to cabaret workers, she 
continued, but the issue had not yet been resolved.  Yes, trafficking in 
women using Luxembourg visas occurred, but the Government feared that 
traffickers would go underground if visas were rescinded, and then could 
not be tracked.  Luxembourg was currently campaigning against prostitution 
by training young people, and would soon have a major conference on women 
and prostitution.  The young must be taught that no one was entitled to 
"buy someone else" for trafficking or other purposes.
Concluding Comments

Ms. ACAR thanked the country experts for their comments and questions, and 
the delegation for the constructive dialogue it had held with the 
Committee.  She looked forward to the removal of Luxembourg's reservations 
about the Convention, particularly regarding Article 7 on accession to the 
crown and Article 16 on patronymic names.  Removing those reservations 
would send a powerful message to Luxembourg and international society.  She 
also looked forward to the country's ratification of the Optional Protocol.

The Committee appreciated the steps Luxembourg had taken to amend and draw 
up new legislation.  However, more information was needed in its next 
report about actual efforts on the ground as well as results of policies 
that had been applied.  The Committee would like to see visible advancement 
as concerned women's participation in political decision-making and women's 
employment as well as a transformation of Luxembourg's "mind sets" 
regarding women's rights.

* *** *




[Reply to this message] [Start a new topic] [Date Index] [Thread Index] [Author Index] [Subject Index] [List Home Page] [HREA Home Page]