Experts of the Committee on Economic, Social and Cultural Rights Welcome Luxembourg's Efforts to Narrow Workforce Gender Gap, Ask About Business and Human Rights – OHCHR

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07 October 2022
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The Committee on Economic, Social and Cultural Rights today concluded its consideration of the fourth periodic report of Luxembourg, with Committee Experts welcoming the country’s efforts to narrow gender gaps in the workforce, and asking about business and human rights.
A Committee Expert said that Luxembourg had a good record in narrowing the gender gap in the labour force, as evidenced by the high number of fathers taking parental leave. Laura-Maria Craciunean-Tatu, Committee Expert and country rapporteur, said that while progress had been made in terms of equality between women and men, including in the area of employment, there were disproportionate numbers of women learning and working in the education, health and social care, humanities and arts sectors; more women than men in part-time work; and an under-representation of women in information technology sectors. How was the Government addressing that?
Another Committee Expert said that Luxembourg’s national action plan on business and human rights failed to appropriately allow for access to remedies for violations of human rights by businesses. What improvements to the national action plan did the Government envision? Were major businesses adopting green procurement practices? How did the State intend to provide more effective remedies for victims of human rights abuses? The State party was also expected to provide remedies for human rights abuses occurring outside its borders.
Jean Asselborn, Minister for Foreign and European Affairs of Luxembourg, and head of the delegation, said in a video statement that the COVID-19 pandemic had brought to the fore several shortcomings in Luxembourg that needed to be immediately addressed. In order to continue to guarantee economic, social and cultural rights, a number of measures had been taken by the Government, including the introduction of special leave and teleworking measures, business aid, temporary work, and solutions to guarantee access to education and culture, in particular via digital platforms, to ensure that no one was left behind.
Luc Dockendorf, Deputy Permanent Representative of Luxembourg to the United Nations Office at Geneva, and co-head of the delegation, introducing the report, said Luxembourg had continued to strengthen its legal framework and general policies to protect and realise the economic, social and cultural rights of all its inhabitants and its workforce.
In response to questions, the delegation explained that Luxembourg was committed to addressing its extraterritorial obligations regarding taxes, and would work with the Organization for Economic Cooperation and Development in that regard. The gender pay gap was 0.7 per cent, but the gender pension gap was higher, and that was an issue that needed to be addressed. The Government had conducted a study on business and human rights which had looked into the feasibility of introducing human rights due diligence legislation for businesses. A working group had been established to draft that law. A national pact on human rights had been developed, and signatories of the pact were required to conduct due diligence checks and to train their employees on human rights.
Ms. Craciunean-Tatu, in closing remarks, thanked the delegation for providing constructive, thorough answers to the Committee’s questions, and expressed hope that the State party’s responses to the Committee’s recommendations would be equally thorough.
Mr. Dockendorf, in his closing remarks, said Luxembourg would reflect on its responsibility for protecting the economic, social and cultural rights of its citizens and persons outside Luxembourg affected by its activities.
In his concluding remarks, Mohamed Ezzeldin Abdel-Moneim, Committee Chair, thanked the delegation for its efforts during the dialogue. The Committee had been assured of the State party’s commitment to promoting economic, social and cultural rights.
The delegation of Luxembourg was comprised of representatives of the Ministry of Economy; the General Inspectorate of Social Security; the Ministry of Health; the Ministry of Justice; the Ministry of Family, Integration and the Greater Region; the National Reception Office; the Ministry of Labour, Employment and the Social and Solidarity Economy; the Ministry of Foreign and European Affairs; the Ministry of National Education, Children and Youth; the Ministry of the Family; and the Permanent Mission of Luxembourg to the United Nations Office at Geneva.
All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.
The Committee will next meet in public at 3 p.m., Monday 10 October to hold an informal meeting with States.
The Committee has before it the fourth periodic report of Luxembourg (E/C.12/LUX/4).
JEAN ASSELBORN, Minister for Foreign and European Affairs of Luxembourg, and head of the delegation, in a video statement, said that Luxembourg’s periodic report was the result of a national consultation conducted within the framework of the Inter-Ministerial Committee on Human Rights, which met every six to eight weeks with all ministries and public administrations concerned with the protection and promotion of human rights in Luxembourg, as well as with civil society.
The COVID-19 pandemic had brought to the fore several shortcomings in Luxembourg that needed to be immediately addressed. In order to continue to guarantee economic, social and cultural rights, a number of measures had been taken by the Government, including the introduction of special leave and teleworking measures, business aid, temporary work, and solutions to guarantee access to education and culture, in particular via digital platforms, to ensure that no one was left behind.
Since the last examination before the Committee in June 2003, there had been several changes in Luxembourg legislation, including the ratification of the Istanbul Convention, which had led to legislative changes in the fight against violence against women; the extension of paternity leave; and the introduction of a new course in the school curriculum entitled “Life and Society”, which replaced religious instruction and moral and social instruction courses.
LUC DOCKENDORF, Deputy Permanent Representative of Luxembourg to the United Nations Office at Geneva, and co-head of the delegation, said Luxembourg had continued to strengthen its legal framework and general policies to protect and realise the economic, social and cultural rights of all its inhabitants and its workforce. A 2018 law approved the Istanbul Convention and inserted the notion of “gender identity” in the Penal Code. In addition, the State had adapted the Labour Code to guarantee equal pay, to combat sexual harassment and to encourage companies to promote equality between women and men.
The former National Office for Reception and Integration’s competences were shared in 2020 between the new National Reception Office and the new integration department of the Ministry of Family, Integration and the Greater Region. The Luxembourg Government placed the integration of applicants for international protection at the heart of its reception policy. Refugees were entitled to psychological support upon arrival in care facilities. Through a subsidy scheme, the Government provided financial support for efforts to integrate foreigners through learning the Luxembourgish language. In addition, in February 2017, the Employment Development Agency created a unit within its employers’ service supporting foreigners.
The school course entitled “Life and Society,” which had replaced religious education and moral and social education courses, had as its main objective to teach children to become tolerant, open-minded, critical citizens. The Ministry of Education had reported positive feedback from teachers, parents and children on the new course offering.
The issue of affordable access to housing remained a major challenge. As housing prices were continuing to rise, the State promoted access to home ownership through individual housing subsidies. The State also granted aid to public and private developers to support the construction of subsidised housing complexes. Since 1 January 2016, rental subsidies had been provided by the State. In 2020, the Ministry of Housing had set up a Special Housing Development Support Fund, through which the Ministry had transparently financed 3,600 affordable housing units spread over 308 projects.
LAURA-MARIA CRACIUNEAN-TATU, Committee Expert and country rapporteur, said Luxembourg’s national human rights institute, the Consultative Commission on Human Rights (CCDH) since 2002 had been accredited “A” status by the Global Alliance of National Human Rights Institutions, and reaccredited in 2020. The Global Alliance had called for amendments to the number of times its members and President could be re-elected, and had called on the CCDH to conduct follow-up activities ensuring its recommendations were implemented, and to continue to advocate for its reports to be discussed by Parliament. Had the State implemented those recommendations? How would Luxembourg strengthen the CCDH?
Why had the provisions of the Covenant not been applied by domestic courts? Were the Committee’s Concluding Observations considered in policy-making processes? The Committee had only received one case from Luxembourg under its individual complaint procedure, which had been declared inadmissible on the grounds of non-exhaustion of domestic remedies. Were there measures encouraging the use of the Optional Protocol in cases of violations of economic, social and cultural rights?
Luxembourg was in the process of a planned Constitutional reform. Several bodies had expressed concerns about the proposed draft of new constitutional provisions, as several were not in line with international and European law. Those included the distinction between citizens of Luxembourg and non-Luxembourgers concerning equality before the law; the use of the unclear phrase “personal situation or circumstances” in the anti-discrimination provision; the absence of several guarantees for protecting human dignity; and ambiguity surrounding several rights, including the rights to freedom of thought and religion, asylum, social security and health. Had the State party addressed those critiques?
Progress had been made in terms of equality between women and men, including in the area of employment. However, there were disproportionate numbers of women learning and working in the education, health and social care, humanities and arts sectors; more women than men in part-time work; and an under-representation of women in information technology sectors. How was the Government addressing that?
Did the State party encourage business entities to assess, disclose, and address how their investments contributed to greenhouse gas emissions? What progress had been made on a national emissions reduction scheme? What contributions had been made to the Green Climate Fund? Had Luxembourg failed to report extraterritorial emissions financed by its private institutions?
In the 2022 Financial Secrecy Index, Luxembourg ranked as the fifth-most secretive financial jurisdiction to hide illegal money, out of 141 countries. What progress had been made in integrating due diligence measures in a new law on the financial sector?
The poverty rate in Luxembourg was 23 per cent for non-nationals, compared to 11 per cent for nationals. The level of poverty risk had increased by 1.6 per cent per year since 2005. A measure of inequality had also risen during the COVID-19 pandemic. What measures were in place to tackle the issue of poverty?
The delegation said that the Government had conducted a study on business and human rights which had looked into the feasibility of introducing human rights due diligence legislation for businesses. A working group had been established to draft that law. 2011 legislation specified due diligence measures regarding the importation of certain minerals. A national pact on human rights had been developed, and signatories of the pact were required to conduct due diligence checks and to train their employees on human rights. The Organization for Economic Co-operation and Development (OECD), of which Luxembourg was a member, had issued guidelines containing supply-chain due diligence regulations, which included training for businesses and the Bar Association.
The Covenant took precedence over domestic legislation, and could be invoked before the courts. It was rarely invoked because a vast number of the provisions of the Covenant were included in legislation.
The Government had been working for over 13 years on the new Constitution. A draft had been put to a vote at the parliamentary level. A final vote on the implementation of the new Constitution would be held in January 2023.
An office had been established to investigate cases of corruption and to collect embezzled funds.
The Government had implemented prolonged humanitarian action during the COVID-19 pandemic to prevent homeless people from freezing to death. Homeless persons, including those who were not citizens of Luxembourg, were able to access sanitation facilities, washing machines and health services in public shelters. Vaccines had also been provided for homeless persons. The Government had also prepared information in various languages about services available for homeless persons. The housing grant had been doubled for 2020 and 2021. A halt to evictions was in place, and rental subsidies were also provided.
One third of employees had benefited from a partial employment support scheme during the COVID-19 pandemic. From May to June 2020, unemployment went up to seven per cent, but it had fallen since then and was now at a stable rate. Enrolment in vocational training had also decreased during the COVID-19 pandemic, but was now back to pre-pandemic levels.
LAURA-MARIA CRACIUNEAN-TATU, Committee Expert and country rapporteur, called for examples of legislation that covered the rights provided for in the Covenant. Luxembourg was consistently providing one per cent of gross domestic product as official development assistance. How did the State party ensure compliance with human rights standards in the use of assistance funds?
A Committee Expert said Luxembourg demonstrated all the characteristics of a tax haven, with very low tax rates and “shell companies” used to hide funds. Luxembourg had the highest number of businesses per capita in the world. The State party had set up stronger financial transparency measures, but there was a continued lack of oversight. That jeopardised the ability of other States to guarantee the economic, social and cultural rights of their people. What did Luxembourg intend to do to change its tax haven status? Implementing the OECD’s “Two-Pillar Solution” would be a positive first step to make progress in tax reforms.
Another Committee Expert said that Luxembourg’s national action plan on business and human rights failed to appropriately allow for access to remedies for violations of human rights by businesses. What improvements to the national action plan did the Government envision? Were major businesses adopting green procurement practices? How did the State intend to provide more effective remedies for victims of human rights abuses? The State party was also expected to provide remedies for human rights abuses occurring outside its borders.
The delegation said that international frameworks and directives, such as those of the European Union, would be implemented to make the State’s financial system fairer. Every State had the responsibility to support economic, social and cultural rights and to consider the global implications of their entities’ actions. The European Union directive on protections for whistle-blowers had been implemented in Luxembourg. The State would continue to implement reforms to the judiciary to ensure that justice was upheld and that citizens had appropriate access to remedies.
A Committee Expert said that the Constitution and legislation did not recognise the right to work. What measures had been taken to fight youth unemployment and unemployment of persons with disabilities? Did the minimum wage allow vulnerable workers and members of their families to live in decent conditions? How was the minimum wage determined in the public and private sectors, and why were those levels different? What measures had the State party taken to improve employers’ compliance with the minimum wage, and to combat the gender wage gap and workplace discrimination against women?
Was the formation of a trade union in Luxembourg subject to prior authorisation issued by an administrative authority? That was prohibited by International Labour Organization Convention 87 on Freedom of Association, to which Luxembourg was a party. Were trade union organizations subject to dissolution by administrative means? What measures were in place to allow migrant workers to exercise their trade union rights?
Were workers in the informal sector covered by social security schemes? Were there restrictions limiting migrant workers’ access to social security? What measures were in place to address the gender gap in terms of social security payments?
The delegation said Luxembourg was trying to encourage a paradigm shift on migrant workers, promoting their benefits to society and their rights, adding that the issue needed to be addressed by the European Union as a whole.
A labour code law enshrined equal pay for equal work. A fine of up to 25,000 euros was issued to employers who did not provide equal pay for equal work. The Government supported businesses in developing action plans to address pay gaps.
Employment did reduce the risk of poverty, but 11 per cent of employed persons were living below the poverty line. Luxembourg provided social benefits to low-income households, adjusting payments based on the number of people in the household. In 2021, social benefit payments had been permanently increased.
The State employment agency provided employment certificates to beneficiaries of international protection. Specialised support was provided for persons who did not speak any of Luxembourg’s national languages. 875 persons had benefitted from those services in 2021.
The majority of employers had been able to keep employees working during the COVID-19 pandemic through measures to prevent its spread and through labour inspections. It had carried out more than 5,500 inspections in 2021, and handed down more than 1,000 fines as a result of those inspections.
The right to strike was a fundamental right of employees guaranteed by the Constitution and legislation. Employees could not be dismissed for participating in strikes.
The Government was actively working to combat discrepancies between men and women regarding pension payments.
Parental leave had been reformed in 2016, with payments increased to support the financial independence of both parents. Both parents were able to take 10 days, or 80 hours, of paid parental leave following the birth or adoption of a child. That reform had encouraged a large number of men to take parental leave. From 2018, around equal numbers of men and women took parental leave. Same-sex couples who had adopted children were also entitled to parental leave.
A Committee Expert questioned whether 10 days was long enough for parental leave. How many men were working as caretakers?
Another Committee Expert said that Luxembourg had prepared good conditions for making progress on economic, social and cultural rights. Did the State party plan to ratify the International Labour Organization’s Domestic Workers Convention? What was the legal status in domestic law of the recommendations of treaty bodies?
What measures had the State party taken to support homeless persons? Could the State provide up-to-date data on persons at risk of poverty? What measures had the State party taken to prevent persons with disabilities from falling below the poverty line? Did the State have a system for collecting data on poverty?
A Committee Expert said that the State party had not provided up-to-date data on school enrolment rates, and called for that data. What measures were in place to ensure that tertiary education was accessible and affordable to students from disadvantaged groups? What measures had the State party taken to prevent bullying of lesbian, gay, bisexual, transgender and intersex students in schools? What corrective measures were in place to deal with problems caused by the COVID-19 pandemic in the educational sector? What had been done to improve access to education for migrant students? What measures were in place to facilitate the accommodation of students with disabilities in universities? What measures were in place to promote linguistic diversity, and to provide digital education and skills to disadvantaged members of society?
The delegation said that there were challenges to ensuring that no one was left behind in the journey of implementing the Covenant. An outreach programme was in place to encourage citizens to report discriminatory content in the media and online. Tools to detect cyber-bullying had also been developed by the police. The Government had also conducted outreach efforts to promote the rights of lesbian, gay, bisexual, transgender and intersex persons and counter stereotypes related to those groups.
Luxembourg citizens could be prosecuted for crimes committed abroad.
Discussions were also underway concerning the addition of a third gender option on citizenship registration documents.
Luxembourg conducted a biannual head-count of homeless persons. That survey provided for quality data that informed initiatives to support homeless persons. Luxembourg had made considerable efforts to ensure that citizens had access to public transport and had made public transport free. An energy subsidy for low-income households had been introduced during the COVID-19 pandemic.
41 per cent of children of single-parent families lived below the poverty line. Targeted measures were in place to support those children. Single- parent families could access specialised social support benefits. School textbooks had been made free for all students. Low-income households had access to free school meals from preschool through secondary schools. Four years of music lessons were provided for free, and 20 hours of free childcare was available for children from the age of one.
Monthly allowances were provided for families with children with disabilities. A support office had been established to support persons with disabilities to obtain employment. That office promoted the integration of persons with disabilities into the labour market. The State party promoted independent living for persons with disabilities.
A Committee Expert said that Luxembourg’s most recent strategy to fight homelessness had ended in 2020. Were there plans to develop a new strategy?
How could asylum-seekers access housing?
Another Committee Expert said that it was good news that a law on intersex persons was being developed. The assignment of a third gender was also a welcome, pioneering initiative. Did the State include within that legislation provisions prohibiting the forced removal of reproductive organs from intersex persons? There was an urgent need to prohibit such unnecessary operations.
A Committee Expert said that an adequate house must contain facilities for health, hygiene and nutrition. What efforts were being made to subsidise such housing for persons with low income?
The delegation said a procedure was in place to assess the health care needs of asylum-seekers. Foreign citizens who had not enrolled in social security but had lived in Luxembourg for three months were able to access health care services.
All suicide deaths and attempted suicides were registered in a State database. A State body collected and monitored information on distress, trauma and attempted suicide to identify trends and develop measures to tackle depression and suicide. A training course for the public on mental health had been developed. Training would be provided for schoolteachers on mental health. A suicide prevention guide and national suicide prevention plan had been developed. Various websites had been launched to create awareness of mental health problems and provide information on preventative measures and counselling. Health practitioners had further been provided with tools to screen for depression. The suicide rate in Luxembourg in 2022 had dropped by 14 per cent compared to 2019.
A plan to reduce the consumption of alcohol was in place. The plan targeted young people in particular and focused on harm-reduction and healthy use. The legal drinking age had been raised to age 20 for drinks with a high alcohol content.
Inclusion and equity were two of the main focuses of the Ministry of Education. More than 47 per cent of the residents of Luxembourg were citizens of foreign countries, and as such, a high percentage of children did not speak any of the national languages. All pupils enjoyed the same right to education regardless of nationality. Primary and secondary education was compulsory and free of charge for all students, including children of foreign citizens. All school supplies were provided for free, and all families with children enrolled in school were provided with 115 euros per child in support payments. That measure helped mothers to join the labour market. Children born to foreign citizens had access to language classes in State secondary education, which were of a high standard.
The Government was trying to address all gaps in the education system. Recently, several schools had introduced English-language instruction. A French literacy programme was also being rolled out in schools across Luxembourg. Through support workshops, the State encouraged students who had dropped out of school to return, and recently the number of students who had dropped out and then returned to school the next year was increasing.
The State promote inclusive education for lesbian, gay, bisexual, transgender and intersex children. A working group on that issue was developing initiatives to promote the rights of those children and their inclusion in the education system. An inventory of textbooks had also been conducted to ensure that the themes contained within were in line with modern values and standards, and several revisions to those textbooks had been made after that inventory.
An inter-ministerial group on digital inclusion held quarterly meetings and had established a national plan on digital inclusion. Plans were also in place to facilitate the digital inclusion of persons with disabilities.
A Committee Expert said that same-sex marriage had been permitted in the State, but there was no legal framework regarding medically-assisted procreation, and that led to barriers to access for same-sex couples. Did new legislation on lesbian, gay, bisexual, transgender and intersex rights include provisions supporting access to medically-assisted procreation?
Many steps had been taken to cater for children with disabilities, but the Committee was concerned about the poor performance level and high dropout rate of children with disabilities in secondary schools. What measures were in place to tackle those issues?
The delegation said that in 2014, Luxembourg had introduced legislation allowing for same-sex marriage and the adoption of children by same-sex couples. Medically-assisted reproduction was also authorised for same-sex couples. The main issue was that there was no legal framework certifying that same-sex couples were the parents of children born through medically-assisted reproduction.
An inter-ministerial working group was developing a draft bill on children’s right to self-determination. The State prohibited non-urgent medical interventions on intersex children. A national awareness-raising campaign on the rights of intersex persons had been launched in 2018. A family advisory service provided support to families with intersex children. Health practitioners were also provided with training on the health needs for intersex persons. A 2018 law allowed for gender reassignment. Luxembourg citizens and asylum-seekers had access to gender reassignment.
There were few legislative distinctions regarding children born in and out of wedlock. It was regrettable that the State had yet to remove the terms “natural children” and “illegitimate children” from its legislation. The draft legislation on that matter could be further revised to include provisions on artificial reproduction.
A new strategy on fighting homelessness was currently being developed in consultation with non-governmental organizations.
Horizontal gender segregation prevailed in Luxembourg. However, health workers earned 1.5 times the average salary and education was also one of the best-paid sectors in Luxembourg. A project was in place aimed at high school students and encouraged a better gender balance in care work and childcare. Another project was in place to encourage businesses to promote a better work-life balance.
Luxembourg had the highest minimum wage in the European Union. The minimum social benefit was adjusted every two years to respond to changes in the cost of living.
A Committee Expert said that the delegation’s response about its extraterritorial obligations regarding tax rates was too generic, calling for additional information.
Another Committee Expert said that Luxembourg had a good record in narrowing the gender gap in the labour force, as evidenced by the high number of fathers taking parental leave. The Expert called for more information on the percentage of women working in different sectors of the workforce, and on policy measures to address the gender pay gap.
What was the prevalence of early and forced marriage within the migrant community of Luxembourg?
Reportedly, 39 per cent of victims of discrimination in Luxembourg did not file a complaint because they felt that it would not achieve anything. What were the obstacles that dissuaded victims of discrimination from filing complaints?
The delegation said that Luxembourg was committed to addressing its extraterritorial obligations regarding taxes, and would work with the OECD in that regard. The gender pay gap was 0.7 per cent, but the gender pension gap was higher, and that was an issue that needed to be addressed.
LAURA-MARIA CRACIUNEAN-TATU, Committee Expert and country rapporteur, thanked the delegation for providing constructive, thorough answers to the Committee’s questions, and expressed hope that the State party’s responses to the Committee’s recommendations would be equally thorough. Congratulating Luxembourg on the areas in which it stood out as a model, she expressed hope that the State party would introduce reforms to address areas where improvement was needed regarding economic, social and cultural rights.
LUC DOCKENDORF, Deputy Permanent Representative of Luxembourg to the United Nations Office at Geneva, and co-head of the delegation, said that as next year marked the 75^th anniversary of the Universal Declaration of Human Rights and the 30^th anniversary of the Vienna Declaration and Programme of Action, it was an auspicious time for reflecting upon human rights. Luxembourg would reflect on its responsibility for protecting the economic, social and cultural rights of its citizens and persons outside Luxembourg affected by its activities. The enjoyment of human rights required a strong team effort from all stakeholders, including governmental and non-governmental organizations, and Mr. Dockendorf called for continued cooperation between all parties.
MOHAMED EZZELDIN ABDEL-MONEIM, Committee Chair, said that the State party’s report was concise and well-prepared, but on some points more detailed data was needed. Mr. Abdel-Moneim thanked the delegation for its efforts during the dialogue. The Committee had been assured of the State party’s commitment to promoting economic, social and cultural rights.
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