Children and Youth Protection in Luxembourg
- Up to which age is one regarded as a child and young person respectively?
- Are children/teens allowed to stay in public places?
- Are children/teens allowed to stay in restaurants or dance halls / ballrooms?
- Are children/teens allowed to stay in night clubs, bars, casinos, places for gambling etc.?
- Is it allowed to sell spirits to children/teens?
- Which restrictions are there for children/teens to visit public film screenings?
- Are children/teens allowed to smoke in public?
- Is it allowed for children/teens to go to internet café?
- Which restrictions are there about carrying knifes, martial arts equipment, weapons?
- Which regulations are there concerning sexual relations with children/teens?
- Which restrictions are there if foreign young people want to work temporarily?
- To which institutions can children/teens turn to if they need help?
- Useful internet sites about youth protection
- More information
In accordance with Article 388 of the Civil Code (the Code Civil), persons under the age of 18 years are considered to be minors. Parental custody (autorité parentale) ends at that age. Various legal texts define the rights and duties of minors. For example, the Education Act provides for nine years of compulsory education, beginning with entry into primary school (Act of 12 August 1912). This means that, for most children in Luxemburg, compulsory education ends at the age of 15 years. The Act for the Protection of Young Workers of 23 March 2001 distinguishes between children under the age of 15 and teenagers under the age of 18. The Youth Safety Act of 10 August 1992 applies for minors under the age of 18. Pursuant to Article 32 of that Act, juvenile delinquents aged 16 and up may be tried before a criminal court under certain circumstances.
General presence in public places without accompaniment is not regulated by law. The rules governing the supervisory duty within the context of parental custody must be consulted in this regard. The scope of this parental supervisory duty decreases as the children increase in age. The Road Traffic Code (the Code de la Route) prohibits children under the age of 10 years from using bicycles on public roads. However, this prohibition does not apply for children ages 6 years and up who are accompanied by a person aged 15 years or higher or who are on the way to school or church, riding a distance of no more than one kilometer or in cases where public transportation is not available.
Minors under the age of 16 who are not accompanied by an adult exercising the duty of supervision are not allowed to enter taverns and restaurants. This prohibition does not apply for adolescents under the age of 16 who are traveling and therefore compelled to eat outside of their parental home, or in the event of festivities which are held in the minor's honor (Act of 29 June 1989).
See the section on restaurants.
See the section on places which are morally harmful to youth and restaurants.
The Criminal Code (the Code pénal) imposes penalties on acts in connection with prostitution or pornography from which minors are directly or indirectly affected. If the minors are younger than 14, and in some cases 11, this is regarded as an aggravating circumstance (Articles 379, 384, 385 bis of the Criminal Code). If the minors consent to the aforementioned acts, the juvenile court judge may take one of the measures provided in the Youth Safety Act. It is also evident from these texts that the presence of minors in places which are morally harmful to youth is not permitted.
Places for gambling:
Minors are not allowed in public gambling halls.
Serving or offering alcoholic beverages of any kind to minors under the age of 16 is prohibited (Act of 29 June 1989).
In theory, minors under the age of 17 are prohibited from entering public film performances in accordance with the Act of 13 June 1922 on Public Film Performances. However, this prohibition does not apply for family and children's films. A monitoring commission was to be responsible for determining which films should be classified as family and children's films. However, such a commission was never formed. In practice, the film industry regulates itself, i.e. the film distributor recommends an age restriction which is generally enforced by cinemas. However, there is no statutory basis for these recommendations.
There is no general prohibition on smoking for minors.
However, the Act of 24 March 1989 prohibits smoking in all schools, in areas which are designated for the accommodation of minors under the age of 16, as well as athletic facilities of all kinds.
The Act of 15 March 1983 distinguishes between prohibited weapons and weapons which require a license. Prohibited weapons include, for example, cut and thrust weapons with double blades and knives with blades longer than 7 cm. Hunting and sporting weapons require a license. Minors may receive a special license from the Justice Minister for such weapons. Sporting equipment for shooting arrows are exempt from the Weapons Act and do not require a license.
Sexual contact with minors aged 16 and up is permitted provided the minor is consenting. Under the Criminal Code, attacks on modesty without use of force or threats against minors under the age of 16 are punishable with a prison sentence of 1-5 years. These penalties are increased to 5-10 years if the minor is younger than 11 years old. In cases where force or threats are used, prison sentences of 6 months through 5 years apply, or 5-10 years if the victim is younger than 14 years old (Articles 372 and 373 of the Criminal Code).
The penalty for rape is a prison sentence of 5-10 years. In the case of minors under the age of 14, it is assumed that they lack capacity to consent to sexual penetration. Such cases are always considered to be rape, and carry a prison sentence of 10-15 years (Article 375 of the Criminal Code).
In accordance with the Act of 22 July 1982 on the Employment of Students, persons between the ages of 15 and 25 who are registered in a school in Luxemburg or abroad may work for a maximum of 2 months during their school vacation. If the minor does not meet these criteria, the normal provisions of labor law apply and the person in question may require a residence or work permit.
There are a large number of public and private institutions to which minors can turn if they are experiencing problems. These institutions are listed on the website www.resolux.lu.
Ministère de la Famille et de l’Intégration) is responsible for the formulation of child and youth policy in Luxembourg (http://www.fm.etat.lu).
This is made under a National Youth Service (Service National de la Jeunesse SNJ), in particular for the implementation of youth policy (http://www.snj.lu).
Other ministries with contact points in children's and youth issues are:
The Ministry of Education (Ministère de l'Education nationale et de la Formation professi-onnelle): http://www.men.lu
Ministry of Health (Ministère de la Santé): http://www.ms.etat.lu
Ministry of Justice (Ministère de la Justice): http://www.mj.public.lu
Ministry of Labor and Employment (Ministère du Travail et de l'Emploi): http://www.mt.etat.lu
Ministry of Culture, technical education and research (Ministère de la Culture, de l'Enseignement Supérieur et de la Recher-che): http://www.ltam.lu/culture
Embassy of the Federal Republic of Germany
20-22, avenue Emile Reuter
Tel.: 00352 45 34 45 1
Fax: 00352 45 56 04
Standby Service: Our telephone number 45 34 45 1 you will learn how to achieve this service.
Youth Service of the Ministry of Family and Social Affairs, Luxembourg (2009)
For the accuracy, completeness and timeliness of the information we can not guarantee.