WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES CONSIDERATION OF REPORT BY LUXEMBOURG

11 July 1997

Press Release
WOM/983

WOMEN'S ANTI-DISCRIMINATION COMMITTEE CONCLUDES CONSIDERATION OF REPORT BY LUXEMBOURG

19970711 Experts Emphasize Importance of Removing Reservations to Convention

The Government of Luxembourg would work towards removing its two reservations to the Convention on the Elimination of All Forms of Discrimination against Women, Maddy Mulheims, Director of the Ministry for the Advancement of Women, told the Convention's monitoring body this afternoon in reply to questions raised on that country's implementation of the Convention.

She assured the 23-member expert Committee on the Elimination of Discrimination against Women that its concerns on the matter would be conveyed to her Government. The experts reviewed the initial and second periodic reports of Luxembourg on Wednesday, 9 July.

The first of Luxembourg's two reservations pertains to article 7, which states, among other provisions, that parties to the Convention shall ensure that women, on equal terms with men, have the right to be eligible for election to all publicly elected bodies and to hold public office. The second reservation relates to article 16 (g), according to which States parties shall ensure the same personal rights to husband and wife, including the right to choose a family name, a profession and an occupation.

Thanking the representative of Luxembourg for her replies, experts once again stated that the Committee remained sensitive to the reservations. In that context, it was pleased to hear that the Grand Duchy would be informed of the Committee's discussions on article 7. Further, they stressed that the reservation to article 16 must be lifted as well, otherwise it would lead to gender stereotypes.

Experts also noted Luxembourg's progressive policies for migrant workers, particularly migrant women, and hoped that it would lead the European Union in the fair and humane treatment of trafficked persons.

A further explanation of her country's law regarding rape of married women by their husbands was offered by Viviane Ecker, a Jurist with Luxembourg's Ministry for the Advancement of Women, who said that while ancient jurisprudence had not recognized such rapes, in 1992 the penal code had been amended. The new law did not allow rape among couples living together, irrespective of whether they were married.

Women's Anti-Discrimination Committee - 2 - Press Release WOM/983 343rd Meeting (PM) 11 July 1997

In her detailed response to Committee members, Ms. Mulheims said the experts' comments would help in the implementation of the Programme of Action 2000 introduced last March by her Government as an instrument to integrate gender issues in all aspects of society and to promote women's advancement. The priority objective was to change the mindset on gender issues.

The Committee was informed that Luxembourg jurisprudence recognized international law. The Convention on the Elimination of Discrimination against Women was recognized within domestic law with the reservations expressed by Luxembourg. However, it was rarely invoked. Also, a number of bills relating to women were before the Chamber of Deputies, including those on parental leave, on protection of women and men in the workplace and a labour law. Further, a gender equality legislation had been submitted in the Chamber of Deputies but had not been taken up yet.

In addition, the three main political parties had decided to establish quotas for women following recommendations by the European Union. The Ministry for the Advancement of Women had drawn up proposals for affirmative action in the civil service. Gender equality was being promoted and the number of women in highly responsible positions in the civil service was rising.

On its questions about domestic violence, the Committee was told that female victims of violence, whether domestic or otherwise, could bring action in the courts. However, such cases were difficult to prosecute, as victims usually withdrew their complaints. Within marriage, women had the same responsibilities as men, including contributions towards maintaining the matrimonial home and upbringing of offspring, as provided for in the Civil Code. A booklet produced by the Ministry for the Advancement of Women on the Convention referred to the responsibilities of men in the promotion of gender equality at home, in the civil service and in the rest of the society.

In the context of the European Union, Luxembourg was in the forefront of the fight against trafficking in women and prostitution. The Hague Code of Conduct for preventing and combating traffic in women adopted last April strengthened that commitment.

The Committee was also told that according to a recent study most Luxembourg women in the labour force were not aware of their rights. Further, there were no specific programmes for disabled women, but they had to be employed in proportion to a specified proportion of the staff. In the area of health care, there was no gender based analysis of medical needs of women. The waiting period of 300 days for re-marriages remained. In that context, the Civil Code provided that the first husband was responsible for any offspring of the first union.

The Committee will meet again at 10 a.m. on Monday, 14 July, to consider the initial report of Armenia.

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