Although it is no longer feasible for MPs to vote on youth protection reform, and the introduction of criminal law for minors during the current government legislature, work on the amendments is still underway, according to Charel Schmit, the ombudsman for children and youngsters (OKaJu).
However, the bill which seeks to support the fight against sexual abuse and exploitation of minors is still likely to be brought to the Chamber during this legislature. Schmit said this bill was extremely important to assure the protection of minors and children’s rights. Here, the main question is how to handle young people under the age of consent (16) who engage in consensual sexual relations with other teenagers. “According to a study by HSBC, this affects around 20% of minors aged 15. This is why, if the age of criminal responsibility is lowered to 13 or 14, it is important to ensure these teenagers are not automatically sanctioned over sexual relations,” Schmit explained.
The matter is now specified in the new bill under a so-called “Romeo and Juliet” clause, in order to create legal certainty, the ombudsman continued.
Schmit also addressed the issue of bullying and cyber-bullying, following recent media attention in Luxembourg. The ombudsman said an increase in “happy slapping” (the act of filming a violent physical assault upon a person) had been observed among young people, which required extensive monitoring.
“Schools should react pedagogically or with disciplinary councils, and focus on prevention,” Schmit said. “Schools must be safe places - this also includes playgrounds and the walk to school.”
Precise data on bullying incidences is lacking, which means it is difficult to establish whether the phenomenon is truly on the rise, said Schmit. “In any case, it is a changing phenomenon, developing enormously thanks to rampant use of social media,” he said. “Social media platforms are not good for children of a certain age and they must be brought into question. This is why, in years to come, childhood should be protected, and children should be prevented from coming into contact with harmful content too early on, as it is not good for their development.”
Limiting the use of phones in schools
Recently a petition calling for a TikTok ban in Luxembourg was posted on the Chamber of Deputies website - an act which is unsurprising to the ombudsman, who believes there will be more calls for the government to deal more restrictively with social media platforms in future. “It would be good for schools to deliberately restrict mobile phone usage and tablets to give an analogue co-existence a better chance,” he concluded.
OKaJu is offering a summer seminar on the situation of the rights of children and adolescents in Luxembourg from 19-21 July. Registration is via the website www.summerseminar.lu.
