Luxembourg now 'fully in line with international standards and the Convention on the Rights of the Child'

In the near future, Luxembourg will have both a separate penal law and protection law for children and adolescents and a law specifically aimed at protecting the rights of children who are victims or witnesses of violence. This was announced earlier this week.
 
According to Renate Winter, children's rights expert and honorary president of the UN Children's Rights Committee, the reform of the law from 1992 is "necessary" because since the early 90s, a lot of progress has been made in the areas of psychology, educational science, and juvenile penal law.
 
A penal law solely focussed on punishments has existed for 6,000 years, and for 6,000 years it has failed to prevent crime, Winter stated. For this reason, experts now favour a completely new approach, 'diversion', which is also at the heart of a modern criminal law for children and adolescents, Winter explained. 'Diversion' is about considering "the needs of young people", helping them understand what they have done wrong, and giving them a chance to "redeem themselves".

Taking away a child from their parents: the very last resort

The new draft bills also ensure that Luxembourg is "fully in line with international standards and the Convention on the Rights of the Child", Winter stated. All three draft bills complement each other, and for this reason, the Chamber of Deputies must also pass them together, according to Winter.
 
The children's rights expert pointed out that, in particular, there is a "clear paradigm shift" regarding the law for the protection of the children and the youth, specifically concerning the relationship between parents and children. Both are now treated "on the same level". Children are now actively involved in discussions, while parents will receive more support, Winter explained. Under the new law, taking a child away from their parents is considered the very last resort, instead of the first option on the table. Winter acknowledged that, of course, there is always room for improvement, but for now, the focus should be on implementing these first, major changes.

A 'Barnahus' model in Luxembourg?

The creation of a 'Barnahus' in Luxembourg has already been considered, but the country is "not there yet", because the new laws will already lead to several changes, according to Renate Winter. A 'children's house' of the 'Barnahus' type brings together under one roof all the services that a child in distress needs, for example law enforcement, child protective services, and medical and mental health workers. This type of child-friendly office ensures that a child no longer has to repeat their story and suffering over and over again, while at the same time enabling a better and more efficient cooperation between the different authorities and services.