Every year Luxembourg Ministry of Education or more precisely the Office National de l’Enfance – ONE (all Kand zielt) publishes a report providing information on children and youth removed from Luxembourg families and living either in shelters or foster homes. Annual statistical data confirms that the number of children living outside their family homes remained stable in the last 20 years with an average of over 1000 children under the supervision of different Luxembourg institutions. The April 2023 report informs of 1426 institutionalised (foster homes and shelters) children. 

Given the shifting Luxembourg demographics and the population growth observed over the past two decades, maintaining an annual average of over 1000 children per year seems remarkably consistent. 

When a child is removed from a Luxembourg family, “a file” is opened, starting all sorts of processes involving different stakeholders, SCAS, ONE, psychologists, lawyers, children attorneys, judges, state prosecutors, evaluators, consultants, service providers, non-profit organizations. At some point the process requires evaluation or opinion whether the minor should remain in the shelter, foster family, or could return home. These evaluations depending on an individual case take place at different times and are conducted by experts often linked, employed, or contracted by the shelters. The very same institutions that benefit financially from receiving government subsidies for having the children under their supervision or in their facilities.

According to the information provided by different sources, under the current law, once a child is taken away from the parents, with the decision confirmed by a court judgment, the removal often becomes permanent with many children historically and currently remaining under a supervision of different institutions for INDEFINITE TIME or UNTIL THEY TURN 21 YEARS OLD! Regardless of the age of a child when the removal took place. All this without a defined objective imposed on the institutions to work on finding a way to reunite the family.

One might wonder how is this even possible in a country like Luxembourg, an EU state located in the heart of Europe, where the rights and welfare of its residents ought to take precedence. The reason why these practices take place is mainly due to outdated law Luxembourg has been unable or not willing to change for the last decades. But why? 

As always, with every story the easiest way to find the answer is by following the money. What often escapes the official narrative presented to the public by the Ministry of Education, ONE and many different government officials, is the magnitude of the « shelter business » in Luxembourg. Most importantly, the average amount of government funds provided to maintain one child when under a supervision different institutions.

In April 2023 there were 1426 children and youth living outside their Luxembourg homes under supervision of either different residential care (862) or foster families (564): 

€10,000 (average cost of subsidies per month for one child, yet depending on the case the number could be greater) x 12 months = €120,000 (funds received annually per child) x 862 (children institutionalized in April 2023) = €103,440,000. A ONE HUNDRED THREE MILLION FOUR HUNDRED AND TWO THOUSANDS EURO per calendar year.

Someone can contend that in certain situations, removing a child or adolescent from their homes becomes a necessary measure to ensure the safety of the minor. However, this stance may be open to interpretation. Numerous avenues exist to provide support to families in crisis, assisting them and addressing their challenges. The act of separating a child from parents and familial environment should be regarded as an option of last resort and to be introduced solely in cases of extreme severity where the well-being of the child is at risk. Such decision should be only made if there is no viable alternatives available, like involvement of grandparents, other family members, and only after all other preventive measures have been exhausted.

The issue of the « shelter business » in Luxembourg has been known to Luxembourg decision-makers for years. The implementation of these drastic measures and practices, seemingly approved by various stakeholders, has led to a multitude of grievances and legal proceedings initiated by Luxembourger parents against the state. Notably, both EU institutions and diverse European human rights organizations have taken measures to admonish, reprimanded, and guide Luxembourg towards implementing revisions to its antiquated legal framework. Regrettably, these interventions have encountered nothing but a passive approach from the Luxembourg government. 

In 2019 when FAD met with OKaJu our organization was informed that the decade long « government consultations » associated with the changes of the « law on protection of children and minors » was almost finalised and the law should be introduced “soon”. This was in 2019. During our most recent meeting with OKaJu (June 2023) we were told again that the work on the draft law and the overdue necessary amendments (approx. 84) continues and that the hopes are that the changes will be introduced “soon”. 

It is unfortunate to learn that in Luxembourg, adjustments of laws and introduction of new regulations benefiting certain minority social groups can be easily and quickly enforced. On the other hand, urgent and necessary legal reforms protecting Luxembourg children, ending institutional abuse of minors assuring their rights are not violated, need decades of “expert” discussions, and works no one can keep track of. 

FAD – Fathers Against Discrimination a.s.b.l. “Both Parents for All Children” has diligently compiled evidence over the past years with the intention of disclosing pertinent details at the appropriate juncture, shedding light on the “shelter business in Luxembourg” and the activities of specific individuals, organizations, social workers, experts, legal professionals, child attorneys, judges, and law enforcement personnel.

In the interim, irrespective of existing legislation, the time has come for decisive measures. Our organization is actively engaging with political parties and members of Luxembourg’s political sphere, urging them to take concrete actions. It is evident that a parliamentary inquiry should be initiated, seeking disclosure of the precise annual costs associated with the “shelters business” in Luxembourg, making this information accessible to the public.

Additionally, a call should be made for a comprehensive audit of all state-operated and ‘non-profit’ associations overseeing shelters and foster homes in Luxembourg. The aim of the audit should glean deeper insights into the nature of their endeavours, their overall operations, political-business connections, financial standing of the involved entities as well as alleged sexual and emotional abuse taking place in some of the involved facilities.

As the forthcoming elections approach, it is of paramount importance for the citizens of Luxembourg to discern the stance of each political party on this deeply concerning issue.