Submitted by basma on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
The CRC has been incorporated into Luxembourg law and is directly enforceable in domestic courts. Children may, with the assistance of their legal representatives, bring civil or administrative cases, or submit complaints directly to the Ombuds-Committee for Children’s Rights, challenging violations of their rights. The law protects children’s right to be heard, allowing a child to request a hearing with a judge if he/she is capable of being discerned. Children have an independent right to free legal assistance regardless of the financial situation of their parents, and may be appointed a legal counsel by the juvenile court where dictated by their best interests. Various legal provisions protect children's ability to give evidence in court in child-friendly conditions. Some obstacles to access to justice exist, including that group litigation and NGO standing to bring cases are limited.
