Luxemburg: Law establishing an Ombudsman for children

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Law of 25 July 2002 on the institution of a Luxembourg Committee for Children’s Rights called "Ombuds-Comité fir d’Rechter vum Kand " ( OKR).

I Henri, the Grand Duke of Luxemburg, the Duke of Nassau;

Agreed by the State Council;

With the assent of the “Chambre des Députés”;

Given the decision of the “Chambre des Députés” of 11 June 2002 and that of the State Council of 2 July 2002 which did not give rise to a second vote;

Have ordered and am ordering;

ARTICLE 1
The object of the present law is the promotion and protection of children’s rights as defined in the Agreement relating to children’s rights adopted by the general assembly of the United Nations on 20 November 1989 and approved by the law of 20 December 1993.

ARTICLE 2
For that purpose a Luxembourg committee for children’s rights called " Ombuds-Comité fir d’Rechter vum Kand "(ORK in abbreviation) is set up. The mission of the ORK is to ensure the protection and promotion of the rights and interests of children, e.g. persons under eighteen years.

ARTICLE 3
In the exercise of its mission, the ORK shall in particular be entitled:

a) to analyze provisions taken in order to protect and to promote children’s rights and to recommend necessary adaptations to the competent authorities if need be;
b) to give its opinion on laws and regulations as well as on projects concerning children’s rights;
c) to inquire into the situation of childhood and to ensure the application of the Agreement relating to children’s rights;
d) to present to the Government and to the “Chambre des Députés” an annual report on the situation of children’s rights as well as on its own activities;
e) to promote the development of children’s freedom of expression and their active participation in the issues concerning them;
f) to examine the situations in which children’s rights are not respected and to make recommendations to remedy such situations;
g) to receive information and complaints regarding offences against children’s rights and to listen for that purpose to every child upon its request and according to the modalities determined by it;
h) to give on the basis of information and complaints or concerning particular cases treated by it recommendations or advices allowing to ensure better protection of children’s rights and interests.

ARTICLE 4
The members of the ORK carry out their duties in a totally neutral and independent manner. Any information concerning individual situations or cases brought to their knowledge in the exercise of their mission is subject to professional secrecy. Such professional secrecy shall not prevent it from communicating information possibly offending any child’s major interest to the competent judicial authorities.

The members of the ORK carry out their duties without intervening in current judicial procedures. In the exercise of their mission and within the limits set by laws and regulations, the members of the ORK can freely enter any building of public or private institutions dealing with the reception with or without accommodation, the consultation, the assistance, the guidance, the training or activities involving children. The members of the ORK are entitled to ask for any information, evidence or document, with the exception of those covered by the medical secrecy or by another professional secrecy.

ARTICLE 5
The ORK is made up of six members appointed by the Grand Duke and among which a president and a vice-president are chosen with equal representation of both sexes. Members are appointed for a term of five years, which may be renewed once. The members of the ORK are appointed according to their competence in the subject. The functions as a member of the ORK are incompatible with the terms of office of representatives, members of the State Council, members of the Government and members of the local council. On the proposal of the Government in council, having heard the opinion of the ORK, the Grand Duke can revoke any member with a long-term incapacity of exercising his term of office or having lost the worthiness required for the exercise of his term. In case of withdrawal, death or revocation before the end of a member’s term, such member shall be replaced within two months as from the vacancy of the post by an appointed new member whose term will be limited to the remaining period.

ARTICLE 6
The president of the ORK carries the title " Ombudspersoun fir d’Rechter vum Kand". During the term of office he works full-time.

ARTICLE 7
The ORK adopts an internal regulation, which defines its internal organization, functioning and working procedures.

ARTICLE 8
1. If the president of the ORK comes from the public sector, he will receive special leave for his term of office retaining all benefits and rights arising from his respective status. He will continue in particular to receive his pay, compensation or salary as appropriate, as well as enjoying the Social Security arrangements pertaining to his status.

In the event of termination of the term of office, he will at his request be reintegrated into his original department in a position carrying the same salary that he previously received plus increments and index increases in respect of the years of service as president up to the highest scale for the grade.

However, if the authority vested with the power of appointment considers that the nature of the accomplished work and the experience acquired by the interested party within the ORK justify his appointment to a position superior to that aimed above, it can proceed to such appointment without the party being therefore able to reach a position or to obtain a rank higher than the civil servants of the same professional history who joined the State at the same time or before him.

Failing a vacancy, a new exceptional position with the same wage may be created: such position will automatically cease when a vacancy occurs for an appropriate ordinary position.

2. If the president of the ORK comes from the private sector, he shall receive remuneration calculated with reference to the regulations setting the relevant compensation of employees of State departments and services on the basis of an individual decision taken under article 23 of the grand - ducal regulation of 28 July 2000 setting out the arrangements for the compensation of State departments and services. He will continue to belong to the Social Security scheme which he was part of when carrying out his last occupation.

In the event of termination of the term of office, for a maximum of one year he will receive transitional monthly compensation equal to the average monthly salary or pay in respect of the last contributory annual professional earnings pertaining to his current insurance history prior to the commencement of his duties as President. Such transitional compensation will be reduced where the party receives professional income or has a personal pension.

3. The president and the other members of the ORK will receive special compensation reflecting the commitment required by their duties which will be set by the Government in council.

ARTICLE 9
The secretarial work of the ORK will be carried out by State civil servants and employees. They cannot be members of the ORK. These persons can be detached from the governmental administration.

ARTICLE 10
The running costs of the ORK are taken over by the State Budget.

We command and order that the present law be inserted in the Memorial to be executed and observed by all whom it may concern.

The Minister for the Family, Cabasson, 25 July 2002
Social Solidarity and Youth Henri
Marie-Josée Jacobs