LUXEMBOURG

The Grand Duchy of Luxembourg, with a population of approximately
460,000, is a constitutional monarchy with a democratic, parliamentary
form of government. The role of the grand duke is mainly ceremonial and
administrative. Legislative authority is vested in the unicameral
Chamber of Deputies. The prime minister is the leader of the dominant
party in the popularly elected parliament. In 2004 generally free and
fair parliamentary elections took place. Civilian authorities generally
maintained effective control of the security forces.

The government generally respected the human rights of its citizens, and
the law and judiciary provided effective means of dealing with
individual instances of abuse. Prison overcrowding, domestic violence,
and child abuse were reported, as were multiple cases of human
trafficking.

# RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom
From:

> a\. Arbitrary or Unlawful Deprivation of Life

There were no reports that the government or its agents committed
arbitrary or unlawful killings.

> b\. Disappearance

There were no reports of politically motivated disappearances.

> c\. Torture and Other Cruel, Inhuman, or Degrading Treatment or
> Punishment

The law prohibits such practices, and there were no reports that
government officials employed them.

Prison and Detection Center Conditions

Prison conditions generally met international standards, and the
government permitted visits by independent human rights observers,
although no visits were reported during the year. Overcrowding in the
Schrassig prison remained a problem. During the year the government
passed a law to begin the construction of a detention center for refused
asylum seekers to relieve prison overcrowding.

> d\. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and
the government generally observed these prohibitions.

#### Role of the Police and Security Apparatus

Civilian authorities maintained effective control over the Grand Ducal
Police and the judiciary police, and the government has effective
mechanisms to investigate and punish abuse and corruption. There were no
reports of impunity involving the security forces during the year.

Arrest and Detention

Warrants issued by a duly authorized official are required for arrests
in most cases. Within 24 hours of arrest the police must inform
detainees of charges against them and bring them before a judge for a
determination of the legality of the detention. There is a functioning
bail system, which judges freely employ. Detainees are given immediate
access to an attorney, at government expense for indigents. Detainees
are allowed prompt access to family members.

> e\. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the
government generally respected judicial independence.

Trial Procedures

The law provides for the right to a fair trial, and an independent
judiciary generally enforced this right. Trials are public except for
those involving sexual or child abuse. There are no jury trials.
Defendants have the right to be present and to consult with an attorney
in a timely manner. Defendants must ask the judge for permission to
confront or question witnesses against them or to present witnesses and
evidence on their behalf. Defendants and their attorneys have access to
government-held evidence relevant to their cases. Defendants enjoy a
presumption of innocence and have the right of appeal.

A legal basis exists for the establishment of religious and military
courts on an ad hoc basis, but no such action has occurred in the last
sixty years.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

The magistrate courts serve as an independent and impartial judiciary in
civil and commercial matters and provide access to individuals who bring
lawsuits seeking damages for, or cessation of, a human rights violation.

> f\. Arbitrary Interference with Privacy, Family, Home, or
> Correspondence

The constitution and law prohibit such actions, and the government
generally respected these prohibitions.

Section 2 Respect for Civil Liberties, Including:

a.  Freedom of Speech and Press

The constitution and law provide for freedom of speech and of the press,
and the government generally respected these rights. An independent
press, an effective judiciary, and a functioning democratic political
system combined to ensure freedom of speech and of the press.

The independent media were active and expressed a wide variety of views
without restriction.

Internet Freedom

There were no government restrictions on access to the Internet or
reports that the government monitored e-mail or Internet chat rooms.
Individuals and groups engaged in the peaceful expression of views via
the Internet, including by e-mail. A majority of the population had
connections to the Internet.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural
events.

b\. Freedom of Peaceful Assembly and Association

The constitution and law provide for freedom of assembly and
association, and the government generally respected these rights.

c\. Freedom of Religion

The constitution and law provide for freedom of religion, and the
government generally respected this right.

There is no state religion, but the government paid the salaries of
Roman Catholic, some Protestant, Greek, Russian, Romanian, and Serbian
Orthodox, Anglican, and Jewish clergy. Several local governments also
maintained sectarian religious facilities. In 2003 the Muslim community,
desiring to receive similar government funding, named a national
representative and single interlocutor for negotiations with the
government. At year\'s end, however, the matter was still unresolved.

Societal Abuses and Discrimination

There were no reported acts of violence or discrimination against
religious minorities during the year. There were no reports of
anti-Semitic acts. The Jewish community numbered approximately 1,000
persons.

For a more detailed discussion, see the *2007* *International Religious
Freedom Report*.

d\. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons

The constitution and law provide for freedom of movement within the
country, foreign travel, emigration, and repatriation, and the
government generally respected these rights in practice.

The law prohibits forced exile, and the government did not employ it.

Protection of Refugees

The law provides for the granting of asylum or refugee status in
accordance with the 1951 UN Convention relating to the Status of
Refugees and its 1967 protocol, and the government has established a
system for providing protection to refugees. The government provided
protection against \"refoulement,\" the return of persons to a country
where there is reason to believe they feared persecution. The April 2006
asylum law cancelled the right of appeal for previously denied asylum
seekers and the provisions for holding refused asylum seekers awaiting
repatriation.

The law provides for the possibility to grant temporary protection to
individuals who may not qualify as refugees under the 1951 convention
and the 1967 protocol. The government did not grant such protection
during the year.

The government cooperated with the Office of the UN High Commissioner
for Refugees and other humanitarian organizations in assisting refugees
and asylum seekers.

Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government

The constitution and law provide citizens the right to change their
government peacefully, and citizens exercised this right through
periodic, free, and fair elections based on universal suffrage.

Elections and Political Participation

National parliamentary elections are held at least every five years. The
most recent national parliamentary elections, held in 2004, were
considered generally free and fair. Political parties could operate
without restrictions or outside interference.

There were 13 women in the 60-member parliament and three women in the
15-member cabinet. There were 15 women in the 32-member Supreme Court.

There was one citizen member of a minority in the parliament and one
citizen member of a minority in the cabinet.

Government Corruption and Transparency

There were no reports of government corruption during the year.

The Ministry of Justice is responsible for combating government
corruption. Public officials are not subject to financial disclosure
laws.

The law provides for public access to government information, and the
government freely provides access on its Internet Web site.

Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally
operated without government restriction, investigating and publishing
their findings on human rights cases. Government officials were
cooperative and responsive to their views.

Section 5 Discrimination, Societal Abuses, and Trafficking in Persons

The law prohibits discrimination based on race, gender, disability,
language, or social status, and the government effectively enforced it.

Women

The law prohibits rape, including spousal rape, and the government
enforced the law effectively. The legal penalties are between five and
ten years\' imprisonment.

The law prohibits domestic violence, and the government effectively
enforced it. The law is gender neutral and provides that a batterer will
be removed from the residence for 10 days; this can be extended an
additional three months. Penalties may include fines and imprisonment.
If a person approaches a nongovernmental organization (NGO) for
assistance, the police are required to investigate. There were
approximately 400 cases of police intervention relating to spousal abuse
during the year and 200 police expulsions of the abusing spouse.

The government funded organizations that provided shelter, counseling,
and hot lines. There is a hot line for battered women. During the year
government-sponsored NGO shelters provided refuge to approximately 310
women and 340 children. The government also provided financial
assistance to domestic violence victims. Information offices set up to
respond to women in distress reported receiving 422 calls during the
year.

Prostitution is legal and was common, but the activities associated with
organized prostitution, such as profiting from, aiding, or trafficking
prostitutes are punishable by law. There were no reports of police
targeting prostitutes for abuse.

During the year the government launched a public outreach and education
campaign against foreign tourism that involved the sexual exploitation
of children. The campaign was created in cooperation with the ECPAT (End
Child Prostitution and Trafficking)-Luxembourg association and several
travel agencies. The government contributed to various projects against
child sex tourism in Mali, India, and Pakistan.

The law prohibits sexual harassment, and the government generally
enforced it.

Women enjoy the same legal rights as men, including rights under family
law, property law, and in the judicial system. The law mandates equal
pay for equal work; however, according to government reports, women were
paid 20 to 30 percent less than men for comparable work. The Ministry of
Equal Opportunity is responsible for protecting the legal and social
rights of women. The government continued a gender mainstreaming media
campaign that began in 2005.

Children

The government was strongly committed to children\'s rights and welfare.
The law mandates school attendance from ages four through 15, and school
attendance is universal through that age. Schooling is free through the
secondary level, and the government provides some financial assistance
for postsecondary education.

A physicians\' organization estimated that approximately 200 cases of
child abuse were reported in 2006, resulting in about 60 children
receiving medical treatment; no estimate was available on the number of
abuse cases in 2007.

The government provides free medical care, and boys and girls had equal
access.

Trafficking in Persons

Luxembourg is a country of destination for women trafficked
transnationally for the purpose of sexual exploitation. Source countries
primarily included Romania and Bulgaria. During the year the government
identified seven victims of trafficking. At year\'s end authorities were
prosecuting one perpetrator for trafficking, and had tried and convicted
ten others for procuring prostitution and human trafficking.

The law prohibits all forms of trafficking in persons. The law
criminalizes trafficking in human beings for sexual exploitation but
does not offer a comprehensive and workable definition of the offense
and omits some forms of exploitation, such as forced labor. The penal
code provides for fines of \$730 to \$182,500 (500 to 125,000 euros) and
prison terms of one month to three years for facilitating a foreigner\'s
illegal entry and residence through direct or indirect assistance;
authorities may apply this law in cases of trafficking for purposes
other than sexual exploitation. The law provides penalties from six
months\' to three years\' imprisonment and monetary fines for
trafficking. If there are aggravating circumstances, prison sentences
can range from one to ten years. Authorities indicated that laws against
organized crime may also be used in trafficking cases.

There were several cases during the year that resulted in conviction,
fines, and prison sentences. For example, in April a French pimp
arrested in 2004 and charged with procuring prostitution and human
trafficking was sentenced to 12 months\' imprisonment and a \$2,920
(2,000 euro) fine. In May a French pimp arrested in 2006 and charged
with procuring prostitution and human trafficking was sentenced to
24-months\' imprisonment and a \$2,190 (1,500 euro) fine.

There are no government services specifically for victims of
trafficking; however, two NGOs which were fully financed by the
government provided shelter and counseling assistance to women in
distress. Although the country has no formal witness protection program,
the government took substantial measures to protect victims\' physical
safety and identities. After the court proceedings had finished, a
criminal investigative unit specialized in trafficking in persons
investigations assisted victims in creating new identities and settling
them abroad.

The Ministry of Justice was responsible for the government\'s
antitrafficking efforts, in cooperation with the ministries of foreign
affairs and equal opportunity as well as NGOs.

The government improved its law enforcement efforts with the creation of
a special police unit to investigate trafficking-related crimes.

Persons with Disabilities

The law prohibits discrimination against persons with disabilities in
employment, education, access to health care, or in the provision of
other state services, and the government effectively enforced these
provisions. The law does not require government or privately owned
buildings to be accessible to persons with disabilities, but the
government subsidized builders to construct \"disabled‑friendly\"
structures. Despite these incentives, only a small proportion of
buildings and public transportation vehicles had been modified to
accommodate persons with disabilities. Aid for Handicapped Children, an
NGO, is in charge of protecting the rights of persons with disabilities.

There are laws establishing quotas requiring businesses that employ more
than 25 persons to hire workers with disabilities and pay them
prevailing wages, but the government acknowledged that these laws were
not applied or enforced consistently.

Other Societal Abuses and Discrimination

There were no reports of official or societal discrimination based on
sexual orientation or against persons with HIV/AIDS.

Section 6 Worker Rights

a.  The Right of Association

The law provides for the right to form and join unions without previous
authorization or excessive requirements, and workers exercised these
rights. Approximately 50 percent of the workforce (including
trans-border workers) was unionized.

b.  The Right to Organize and Bargain Collectively

The law allows unions to conduct their activities without interference,
and the government protected this right in practice. The law provides
for the right to collective bargaining, and workers exercised this right
freely. Approximately 66 percent of workers were under collective
bargaining agreements. The law provides for the right to strike, except
for government workers who provide essential services, but no strikes
occurred during the year. Legal strikes may occur only after a lengthy
conciliation procedure between the parties. The government\'s national
conciliation office must certify that conciliation efforts have ended
for a strike to be legal.

There are no export processing zones.

c.  Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, including by children, and
there were no reports that such practices occurred.

d.  Prohibition of Child Labor and Minimum Age for Employment

The government effectively implemented laws and policies to protect
children from exploitation in the workplace. The law prohibits the
employment of children under the age of 16. Apprentices who are 16 years
old must attend school in addition to their job training. Workers under
the age of 18 have additional legal protection, including limits on
overtime and the number of hours that can be worked continuously. The
ministries of labor and education effectively enforced the child labor
laws.

e.  Acceptable Conditions of Work

The national minimum wage for a single worker over the age of 18 was
approximately \$2,190 (1,503 euros) per month for unskilled workers and
approximately \$2,630 (1,804 euros) for skilled workers. The minimum
wage was not sufficient to provide a decent standard of living for a
worker and family; however, most employees earned more than the minimum
wage.

The law mandates a maximum workweek of 40 hours. Premium pay is required
for overtime or unusual hours. Sunday employment is permitted in
continuous-process industries (steel, glass, and chemicals) and for
certain maintenance and security personnel; other industries must
request permission for Sunday work, which the government granted on a
case-by-case basis. Work on Sunday, allowed for some retail employees,
must be entirely voluntary and compensated at double the normal wage or
with 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.
The labor inspection court and then the Superior Court of Justice are
responsible for enforcing these laws.

The law mandates a safe working environment. An inspection system
provided severe penalties for infractions. The labor inspectorate of the
Ministry of Labor and the accident insurance agency of the social
security ministry carried out effective inspections. No laws or
regulations specifically provided workers with the right to remove
themselves from dangerous work situations without jeopardy to their
continued employment; however, every worker has the right to ask the
labor inspectorate to make a determination regarding workplace safety,
and the inspectorate usually did so expeditiously.