Meeting with Charel SCHMIT, Ombudsman for Children and Youth | by FAD

Unlike it was announced in 2022 by the state controlled media RTL, Luxembourg IS STILL NOT « fully in line with international standards and the Convention on the Rights of the Child’.

The Luxembourg New Law on Protection of Children and Youth

Currently there are only hopes that in the near future, Luxembourg will have a separate penal law, protection law for children and adolescents and a law specifically aimed at protecting the rights of children who are victims or witnesses of violence. The RTL’s announcement of the « revolutionary » change was made in March 2022. Yet, according to Charel SCHMIT, OKaJu (June 2023) the works on the new law are far from being completed. There are apparently still approx. 84 amendments to be reviewed, corrected and agreed on. For RTL making the announcement in March 2022 in the form it was presented is simply NOT TRUE and LARGELY MISLEADING TO THE PUBLIC. An example of what many older and true journalists with integrity call « neojournalism ». 

The « broken record » narrative presented by many stakeholders about the legal work being nearly finalised has become a norm over the course of last 5-10 years. Typically and as always, these announcements often become more frequent right before local or national elections. Yet, the result are still not to be seen.

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

According to Renate WINTER, children’s rights expert and honorary president of the UN Children’s Rights Committee, the reform of the law from 1992 is « necessary » because since the early 90s (30 YEARS AGO!), a lot of progress has been made in the areas of psychology, educational science, and juvenile penal law. All three draft bills complement each other, and for this reason, the Chamber of Deputies must also pass them together, according to WINTER. But when will the new law pass? No one knows. 

The children’s rights expert also points out that the most urgent and needed changes will focus on the law for the protection of the children and the youth, specifically concerning the relationship between parents and children. Both are to be treated « on the same level ». Children are to be actively involved in discussions, while parents will receive more support. Under the new law, taking a child away from their parents is considered the very last resort. Again, unlike it is now where taking the children from Luxembourg parents, very often for indefinite time or until the age of 18-21 seems to be the first option on the table and commonly practised by Luxembourg institutions. 

Stable but high number of Luxembourg children living in shelters on an annul basis has been known to Luxembourg decision makers for years. In April 2023 there were 1423 children living outside their family homes. These drastic measures and practices clearly approved by the Luxembourg state, have resulted in hundreds of complaints and legal actions filed by Luxembourg parents against Luxembourg state.

EU institutions and different European human rights organizations have reprimanded, audited and instructed Luxembourg to introduce changes in the outdated law. Yet, the interventions have met for years with nothing but passive approach from the Luxembourg government – More information on the « Luxembourg Shelters Business » can be found by visiting « Luxembourg Institutionalized Trafficking of Children, Multi Million €URO Industry ».

The hopes are, that the new law will finally stop Luxembourg institutions from violating children’s rights and that the new regulations will end denying many Luxembourg family the right to family life. 

Lët’z Make Equal Shared Parenting – ”Résidence Alternée” THE DEFAULT LAW in Luxembourg.

Council of Europe Resolution – CE Resolution 2079/15.

Courage, Strength & Love.

For Jeremi & Oliwier and All the Children finding courage, strength and love when dealing with separation and divorce of their parents.


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