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Luxembourg

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

Luxembourg signed the UN Convention on the Rights of Persons with Disabilities (CRPD) and the Optional Protocol on 30 March 2007. After the deposit of the legislative proposal (No. 6141) in May 2010, the Convention and the Optional Protocol were approved by the Luxembourgish Parliament (Chambre des Députes) on 13 July 2011. The Convention entered into force for Luxembourg on 12 August 2011. The Convention was published as 'Rights of Persons with Disabilities' (Droits des Personnes Handicapées) in the national law journal (MEMORIAL Journal Officiel du Grand-Duché de Luxembourg / Amtsblatt des Großherzogtums Luxemburg, A-No.169 9 août 2011 p.2897 -2916) on 09 August 2011. The document covers the CRPD and the Optional Protocol and the introductory paragraphs appoint and clarify the independent national monitoring mechanism of the CRPD.

Links

Update date: Mon, 2016-04-18

A2. Ratification or accession to the Optional Protocol

Luxembourg signed the Optional Protocol on 30 March 2007 and approved it on 13 July 2011. The Optional Protocol was announced in the national law journal (Mémorial du Grand Duché de Luxembourg - Amtsblatt des Großherzogtums Luxemburg) and entered into force on 12 August 2011.

Links

Update date: Mon, 2016-04-18

A3. Declarations, Reservations and Objections

There were no declarations, reservations, or objections documented by the Luxembourgish Parliament. Advocacy groups, human rights associations, stakeholders, and other relevant groups were asked by the Ministry of Family and Integration (Ministère de la Famille et de l'Intégration) for statements and comments on the convention. In summary: they acknowledged the impact of the convention and agreed it. There is an overview of comments and notes ('avis') to the CRPD by different organisations (e.g.: Centre pour l'Egalité de Traitement/Centre for equal treatment, Commission Consultative des Droits de l'Homme du Grand-Duché de Luxembourg/ National Consultative Commission on Human Rights of the Grand-Duchy of Luxembourg, Conseil National des Personnes Handicapées/ National Disability Council, and others).

Links

Update date: Mon, 2016-04-18

A4. Comprehensive review

In 2010, the Luxembourgish Government introduced the Convention at the parliament, giving a comprehensive overview and concluded that the existing national legislation already fulfilled most of the obligations and acts required by the convention (Chambre des députes session ordinaire 03.06.2010. Sommaire du projet de loi portant approbation – de la Convention relative aux droits des personnes handicapées, Dépôt: le 25.5.2010, Luxembourg: Service Central des Imprimés de l’Etat, p.7). Comments and reviews are documented at the national service agency for persons with disabilities (Infohandicap) where there are versions of the CRPD in English, French, and German. An easy-to-read version (a very short overview of the CRPD and the National Action Plan) is also available on the webpage.

Links

Update date: Tue, 2016-04-19

A5. Focal point

In 2009, the Luxembourg Government authorised the National Ministry of Family and Integration (Ministère de la Famille et de l'intégration now Ministêre de la Famille, de l'Intégration et de la Grande Région) to prepare and accompany the implementation of the Convention and the elaboration of a national action plan. A steering committee was established guiding the realisation of the Convention. This focal group initiated a first official presentation of the Convention on 02 March 2011 and launched subgroups dealing with specific subjects of the Convention and their implementation in Luxembourg. These working groups are still operable and deal with the following topics: Information and awareness of disability issues; access to information and freedom of opinion; non-discrimination and equal opportunity; mobility and use of public transport; accessibility to public services and infrastructures; legislation and administrative rules; autonomy and participation; health conditions and data collection. Different groups are formed to discuss more than one topic. These highlight current problems and barriers to participation and inclusion, as well as draw up with solutions to them. The working groups have no decision-making power but play an important role in consultation and empowering participants and stakeholders as they are in close contact with the Ministry of Family and Integration.

Links

Update date: Tue, 2016-04-19

A6. Coordination mechanism

The Luxembourg Ministry of Family and Integration (Ministère de la Famille et de l'Intégration) cooperates on a particular basis with other concerned Ministries (e.g. Ministry of Labour) or administrations, services and NGO’s and coordinates the implementation of the CRPD at national level. At the international level the Ministry of Foreign Affairs (Ministère des Affaires Etrangères) is the responsible partner. The Ministry of Family and Integration launched an awareness campaign and organised related actions. Members of the steering groups are the Ministry of Family and Integration, delegates of non-profit organisations and disability associations, including persons with disabilities elected by the first working session. So the working groups are ad hoc groups with significant participation of persons with disabilities. The Ministry charged with the coordination has changed in 2014. Now it is the Ministry of Family, Integration and Greater region (Ministère de la Famille, de l'Intégration et à la Grande Région).

Links

Update date: Tue, 2016-04-19

A7. Independent mechanism

As appointed in the leading text of the Rights of Persons with Disabilities Act (Memorial 09 August 2011 A-169) there are two institutions mandated with the monitoring task at national level: The Luxembourg Consulting Commission on Human Rights (Commission consultative des Droits de l'Homme du Grand-Duché de Luxembourg – CCDH) and the National Centre for Equal Treatment (Centre pour l’égalité de traitement - CET) with the independent monitoring of the realisation of the convention. The CCDH is a consulting organisation founded in 2008, and is recognised by law as providing advice to the Government. The members (presently: 19, mostly lawyers, advocates, journalists, or from the social professions) of the commission are appointed by the Government for five years with a renewable mandate. The CET was established by law in 2006. It consists of five members appointed for five years (renewable once) by the Grand Duke based on a proposal from the Luxembourg Parliament. There is no hierarchy, but a thematic division of work. In Article 3 of the leading text is appointed as national independent mechanism, to protect the implementation of the Convention the national mediator on civil services (médiateur au service de citoyens - Ombudsman) of Luxembourg. An Overview of the monitoring mechanism is available at the homepage of the national disability information centre (Infohandicap).

Links

Update date: Tue, 2016-04-19

A8. Official reporting

As the Convention was signed on July 2011 and published in the national law journal during August 2011, the first national report was due in October 2013 and submitted to the UN in March 2014. Under the responsibility of the Ministry of Family, Integration and the Greater Region the Initial report (premier rapport périodique du Grand-Duché de Luxembourg de mise en oeuvre de la Convention des Nations Unies relative aux droits des personnes handicapées) covers the entire range of the CRPD by tackling 421 points reaching from the first national programme on disability policy to the creation of a community based service for people with disabilities in the capital of Luxembourg.
In August 2017 the Committee commented on the report (CRPD/C/LUX/1) and adopted 64 concluding observations at its 354th and 356th meetings, held on 28 and 29 August 2017, respectively.
The Initial report is available in French, English, and Spanish. The Concluding Observations on the Initial report of Luxembourg are published in English, Russian and Spanish, none of which is the national language of Luxembourg. Within the disability movement, a workable translation into German has been developed, but this version has no official status and is only available for internal use (no official link yet).

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Update date: Tue, 2018-03-20

A9. Shadow reporting

On 30 December 2016 the first alternative report was sent to Geneva developed by a broad cross-disability organisations and empowerment groups. The report addressed specific points and in general commented on the implementation of the CRPD and the recent situation in Luxembourg. In addition to the official shadow report in English (Alternative Report on Implementation of the United Nations Convention on the Rights of Persons with Disabilities - Luxembourg 2016), a German version was published (Umsetzung des Übereinkommens der Vereinten Nationen Über die Rechte von Menschen mit Behinderungen - Schattenbericht des Großherzogtums Luxemburg 2016). In February 2017, the National Consultative Council on Human Rights (Commission Consultative des Droits de l’Homme) issued a specific report on the implementation of the CRPD based on the national and alternative reports including the 'list of issues' of the Committee on the rights of persons with disabilities.

Links

Update date: Tue, 2018-03-20

B. General legal framework

B1. Anti-discrimination legislation

The national law prohibits discrimination against persons with disabilities in education, employment, transportation, access to health care, and the provision of other state services (Luxembourg Human Rights Report 2013). The national constitution does not explicitly mention persons with disabilities concerning human rights and non-discrimination, but article 11(5) stipulates that the law regulates in principle social security, health protection, worker’s rights, poverty reduction, and the social integration of citizens with disabilities: 'La loi règle quant à ses principes la sécurité sociale, la protection de la santé, les droits des travailleurs, la lutte contre la pauvreté et l’intégration sociale des citoyens atteints d’un handicap' (Art.11.5). There is one Article stating: 'Les Luxembourgeois sont égaux devant la loi'. All Luxembourgian are equal before the law (art. 10bis). The Constitution also states in article 11.2 that men and women are equal ('Les femmes et les hommes sont égaux en droits et devoirs'). The recent legal and administrative measures and arrangements are guided by the Action Plan in Favour of Persons with Disabilities (Plan d’action en faveur des personnes handicapées) published in 1997 and to date officially not revised, but updated by the CRPD. There are some legislative regulations concerning some aspects and circumstances of persons with disabilities: Act of accessibility 22 July 2008 (Loi du 22 juillet 2008 relative à l’accessibilité des lieux ouverts au public aux personnes handicapées accompagnées de chiens d’assistance). Act on the supreme counsel for persons with disabilities 25 January 2006 (Règlement grand-ducal du 25 janvier 2006 concernant l'organisation et le fonctionnement du Conseil supérieur des personnes handicapées). Act on persons with disabilities 12 September 2003 (Loi modifiée du 12 septembre 2003 relative aux personnes handicapées). There is some brief information by the Ministry of Family and Integration pointing out some future essentials in disability policies: accessibility, awareness raising, self-determination, empowerment, being expert in your own case, inclusion, independent living, participation, etc. In 2006, regulations of the National Labour Act (Code du travail) related to the European Commission Directives (43/2000/EC and 2000/78/CE, p. 15) and stipulated that discrimination based on disabilities is forbidden by law ('Toute discrimination directe ou indirecte fondée sur…, le handicap, … est interdite' (Art. L. 251-1). There are no specific rights of disabled women. Women with and without disabilities enjoy the same legal rights as men with or without disabilities including rights under family law, property law, and the judicial system. Children with disabilities can attend special or regular schools in accordance with parents' preference.

Links

Update date: Mon, 2016-05-09

B2. Recognition of legal capacity

As there is no unique definition of disability ('handicap') and no uniform legal criteria of disability in jurisprudence, there is no overall view on the denial of legal capacity. The Luxembourg General Civil Code (Code Civile) recognises on a comprehensive level the legal capacity ('capacité de jouissance') for all citizens (Code Civile, livre Ier. - des personnes titre I. - de la jouissance et de la privation des droits civils, chapitre Ier. - de la jouissance des droits civils, Art. 7. & 8). The Luxembourg Penal Code uses the term 'irresponsibility' ('n'est pas pénalement responsable') and points out that a person is not responsible for his or her crime offence in the case of mental disability or insanity (Art. 71 Chapitre VIII. - Des causes de justification, d’irresponsabilité ou d’atténuation de la responsabilité et d'excuse. (08 août 2000). In Luxembourg lawful adult age is reached when turning 18. Regulations concerning legal capacity for adults ('le droit des incapables majeurs') is allocated in three sections (régimes de protection):

  • Guardianship: ('Tutelle') is the most restrictive procedure, involving the loss of important civil rights, like the right of voting;
  • Curatorship: ('Curatelle') is less restrictive as to the guardianship, consent of the curator is required in most activities, and
  • Legal protection: ('La mise sous sauvegarde de justice') where there are some kinds of rights of objection particularly for persons with intellectual and developmental disabilities (Code civil, titre XI. - De la majorité et des majeurs qui sont protégés par la loi (L. 11 août 1982) National Law Journal.

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Update date: Tue, 2016-04-19

B3. Accessibility of voting and elections

Luxembourg subjects all citizens aged from 18 to 75 to compulsory voting. Persons with disabilities are permitted to make use of a postal vote (Article 53 (1) 3 Constitution of the Grand Duchy of Luxembourg Article 6 -3° Election Law 2003). Accompanying assistants are allowed for persons with disability at the voting office and polling booth. Exclusions from voting (be elector or eligible) apply to persons sentenced to criminal punishment; persons sentenced for minor offenses depriving them of the right to vote; persons of full age under guardianship (Tutelle) (Article 53 [Non-Qualification]. No other exclusion clause may be foreseen. The right to vote may be restored to persons sentenced by penal courts by reprieve. The national action plan indicates the imperative to find solutions for persons under guardianship to participate in voting.

Links

Update date: Tue, 2016-04-19

B4. Official recognition of sign language

On 23 May 2017, the Minister for Family and Integration, submitted the preliminary draft law no. 7142 to the Luxembourg Chamber of Deputies.
This Act is about the recognition of German sign language as a fully-fledged language in Luxembourg. With the coming into force of the law, hearing-impaired people are given the right of to use sign language in contact with authorities. Hearing impaired students are given the right to access sign language instruction and to learn sign language. In addition, parents and siblings of hearing-impaired children are given the right to attend free sign language courses. The law is expected to enter into force at the beginning of 2018.

Links

Update date: Tue, 2018-03-20

B5. National disability strategy and action plan

An important point on the way to the recent legal and administrative measures and arrangements for people with disabilities are guided by the Action Plan in Favour of Persons with Disabilities (Plan d’action en faveur des personnes handicapées) published in 1997. There are some legislative regulations concerning some aspects and circumstances of persons with disabilities: Act of accessibility 22 July 2008 (Loi du 22 juillet 2008 relative à l’accessibilité des lieux ouverts au public aux personnes handicapées accompagnées de chiens d’assistance). Act on the Supreme Counsel for persons with disabilities 25 January 2006 (Règlement Grand-Ducal du 25 janvier 2006 concernant l'organisation et le fonctionnement du Conseil Supérieur des personnes handicapées). Act on persons with disabilities 12 September 2003 (Loi modifiée du 12 septembre 2003 relative aux personnes handicapées). There is some brief information by the Ministry of Family and Integration pointing out some future essentials in disability policies: accessibility, awareness raising, self-determination, empowerment, being expert in your own case, inclusion, independent living, participation, etc. In 2006, regulations of the national Labour Act (Code du travail) related to the European Commission Equality Directive (43/2000/EC) stipulated that discrimination based on disabilities is forbidden by law ('Toute discrimination directe ou indirecte fondée sur…, le handicap, … est interdite') Code du travail, Titre V – Egalité de traitement en matière d’emploi et de travail, Chapitre Premier.- Principe de non-discrimination, Art. L. 251-1. (1), p.130). In 2007 the CRPD was signed and in 2011 ratified by the Luxembourg Government. The first national action plan was published in 2012. The action plan in 2012 clearly supports the idea of inclusion and points out its advantages over the concept of integration which does not provide significant changes in established structures or systems (National Action Plan 2012, p.1). The first state report (premier rapport périodique du Grand-Duché de Luxembourg) published in 2014 tackles 421 items on realized implementations and aspired goals in line with the CRPD in Luxembourg. This report claims that respecting the rights of persons with disabilities and ensuring the full enjoyment of all the human rights and fundamental freedoms without discrimination is not an option, it is not a favour, but a well-defined obligation which was enshrined in the CRPD.

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Update date: Mon, 2016-05-02

C. Accessibility

C1. Transport accessibility

There are particular laws and regulations on public transport for disabled pupils (service de transport des enfants de l'éducation différenciée) and persons with mobility impairments (Services occasionnels spécifiques de transports de personnes, adaptés aux personnes à mobilité réduite). The accessibility of public buildings is defined in the act on accessibility (loi du 29 mars 2001 portant sur l'accessibilité). Information about accessibility of all transport services in Luxembourg is available under the National Ministry of Sustainable Development and Infrastructures (Ministère du Développement durable et des Infrastructures) and a national information site on accessibility. There are many accessible and special services for travellers going by car (parking spaces for the disabled), bus and train, etc. Persons with a special certification (C) and an accompanying assistant do not need to pay for transportation. The main stations of the country and most of the busses are accessible. There are special offers for persons with disabilities e.g. NOVABUS (for wheelchair users), and a taxi bus for travelling in the Grand Duchy for people with reduced mobility. There is a countrywide special service of transportation for children with disabilities 'spezialisierter Transport - transport spécialisé'.

Links

Update date: Tue, 2016-04-19

C2. Built environment accessibility

Accessibility of the built environment is covered by the national Accessibility Acts of 2001 and 2008 (Règlement Grand-Ducal sur l’accessibilité des lieux ouverts au public). The aim of this law is to guarantee access to all public buildings in Luxembourg. The stipulations of the Accessibility Acts are limited only to the construction of new buildings and substantial renovation of existing buildings so some problems with older buildings may persist as there are no laws concerning older buildings. The action plan to implementing the CRPD highlights the need to extent the accessibility act to all buildings. Technical standards on accessibility are defined in the national guidelines on accessibility (Guide des Normes).

Links

Update date: Tue, 2016-04-19

C3. ICT and Web accessibility

The Accessibility Act (2001) does not mention the question of Web accessibility and there are no legal directives in communication technology laws. The 'e-Luxembourg' project launched by the Luxembourg Government concerns e-accessibility and the accessibility of official governmental or municipal websites based on WAI-criteria. RENOW (Référentiel de normalisation web des sites gouvernementaux luxembourgeois – Guidelines on the creation of web sites for the Luxembourg Government) assists the Luxembourg Government in web design for all. Luxembourg has signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled on 28 June 2013; ratification is still pending.

Links

Update date: Tue, 2016-04-19

D. Independent living

D1. Choice of living arrangements

Luxembourg society has a long tradition of an institutional (religious) view of welfare and care, so there have still been nearly no recent clear statements in favour of independent living for persons with disabilities in legal documents, except for a short declaration of intent in the Action Plan in favour of Disabled Persons published by the former concerned Ministry (Plan d’action en faveur des personnes handicapées, 1997, p.15). Also there have not been powerful pressure groups in the past, and contact points or places to go hardly exist for independent living. Some big player Institutions (APEMH, Asbl Elisabeth, LIGUE HMC, and others) have started to broaden their structures with smaller and more autonomous units (eight to ten residens/ clients per unit generally). In addition for the most part institutions offer a home services or visits (services d'assistance à domicile). Even with national compulsory long term care insurance (assurance dépendance) and the basic income guarantee (RMG) for working persons with disabilities and basic income guarantee for persons with disabilities unable to work ('revenu pour personne gravement handicapée - RPGH'), independent living remains a minority phenomenon in Luxembourg. The self-advocacy group 'Nëmme Mat Eis' may play a crucial role here to advance independent living for persons with disabilities in Luxembourg. In the context of psychiatric disorder, the extramural service 'Liewen Dobaussen' offers community based living structures ranging from assisted small group-units to individual flats. In the case of psychiatric disorders or risk of neglect or child abuse, commitment to an institution may be imposed by court order together with a determination about the placement. In Luxembourg involuntary placement and forced admission to mural services is possible without the consent of persons with mental disorders under the condition that has to be present at the time of involuntary admission: a significant risk of self endangerment or to harm others and a confirmed mental health problem or in exceptional cases, the placement can take place in situations of ‘imminent danger. Otherwise there are no obligations for people with disabilities to live in a particular living arrangement. The national action plan (2012) to implement the CRPD demands for a more flexible system of care and help to enable more persons with disabilities independent living.

Links

Update date: Tue, 2016-04-19

D2. De-institutionalisation

The 2005 report about Deinstitutionalisation and community living – outcomes and costs presented a synopsis of living conditions for persons with disabilities in Luxembourg. The report elaborated by Carole Warnier (Luxemburgish Ministry of Family and Integration - Ministère de la Famille et de l’Intégration, Luxembourg) and Hilde De Keyser (European Association of Service Providers for Persons with Disabilities - EASPD) analysed the frequencies and size of institutionalised units. Like in other counties of central Europe de-institutionalization was referred first to big psychiatry units Following the Haefner Rapport (1993) the national central psychiatric hospital started a de-institutionalisation process, which still continues to date. More recently the Rössler rapport summarises the evaluation of psychiatry reforms in Luxembourg. Persons with intellectual or developmental disabilities live now in smaller and community-based units. On the other hand there are still big institutions for persons with disabilities with a total of more than 100 clients/residents. Certainly spread in groups or units with about eight persons. Actual statistics about de-institutionalisation can be found in the yearly reports of the Ministry of Health, and the Ministry of Family Affairs. The first national state report confirms the ongoing process of decentralisation and de-institutionalisation in mental health services. According to the decentralisation programme on psychiatric hospitalisation in Luxembourg, persons with acute mental health disorders should first be hospitalised in the psychiatric service of a general hospital in the community. Only when the hospitalisation takes long time (more than four weeks), the person can be transferred to the central psychiatric hospital in Ettelbruck. In 2015, the act on psychotherapy (Loi du 14 juillet 2015 portant création de la profession de psychothérapeute) provides persons with mental health problems individual psychological care.

Links

Update date: Tue, 2016-04-19

D3. Quality of social services

There are first attempts at standardisation and quality monitoring in social services. In the field of child care, a research project at the University of Luxembourg was launched by Ulla Peters elaborating a framework of ensuring quality for children in care and educational institutions. For youth, Sandra Biewers and Helmut Willems from Luxembourg University presented in 2007 a report about quality assurance and development in youth centres in Luxembourg (Die Entwicklung des Qualitätssicherungsprozesses in den Jugendhäusern in Luxemburg Evaluationsbericht 2007). In most institutions and organisations an internal quality circle or monitoring group is concerned with questions of maintaining or enhancing quality of services. The implementation of the quality standards is still work in progress and is based on institutional commitment. The national Ombudsman (la Médiateure du Grand-Duché de Luxembourg) provides an advisory service for persons and mediates if there is a conflict between citizens and public services. The National Higher Council for Persons with Disabilities (Conseil supérieur des Personnes Handicapées) assists and advises the Ministry of Familiy and Integration in all areas of disability services and disability policy.

Links

Update date: Tue, 2016-04-19

D4. Provision of assistive devices at home

The introduction of a compulsory care insurance (dependency insurance) in 1998 ensures the financing of assistive equipment, adaptations, and home care for people with disabilities. The Dependency Insurance Act (Assurance-Dépendance) aims to assist dependent people with disabilities to perform activities of everyday life like hygiene, eating, and mobility. After examination and assessment, a certain number of hours of support is allocated in form of professional services, or cash benefit if the assistance is provided by a family member or other private person. The goal of the services financed by the dependency insurance is enabling people with disabilities to live or continue living in their own homes. Most of the equipment and technical supports financed by the insurance are provided by the service of supportive technologies for persons with disabilities (ADAPTH - Association pour le développement et la propagation des aides techniques pour personnes handicapées) founded in 1985 under the Umbrella of the Ministry of Health. There are particular benefits and financial support measures for blind and deaf persons. Physically handicapped persons can apply for allowances if they need reasonable accommodations at home.

Links

Update date: Tue, 2016-04-19

D5. Availability of personal assistance schemes

Individual personal assistance is not very common in Luxembourg. The services financed by the dependency insurance are mostly delivered and organised by national and formal care providers. Personal assistance under the control and autonomy of the person with disability is provided traditionally by family members or other private persons. This private assistance fits within the dependency insurance scheme. A private budget approach to finance assistance for persons with disabilities does not exist with the exception of allowances for the blind and deaf persons. Some institutions offer individual assistance at work places like supported employment services.

Links

Update date: Tue, 2016-04-19

D6. Income maintenance

The national act about employment of persons with disabilities (Loi relative aux personnes handicapées - service de travailleur handicapé) of 2003 defines who may be recognised as a 'disabled worker' ('salarié handicapé'). A person may ask for the guaranteed minimum wage (RMG-RPGH) for a disabled person if his or her disability is severe and the person did not get an employment to earn one’s living. The person has to be examined by the related medical service and assessed as having at least a partial incapability to work of about 30% resulting from physical, mental, sensorial, or psychic disability. The wages correspond to the general guaranteed minimum wage ('salaire social minimum' RMG). Financial benefits exist in the form of tax reductions and special family allowance (allocation spécial supplémentaire) Additional benefits concern supplementary paid leave days. Adults with disabilities considered as unemployable or incapable of working may receive additional disability benefits (revenu pour personnes gravement handicapées - RPGH).
In January 2017, the new bill on social inclusion income (REVIS) was adopted in the National Parliament (Chamber of Deputies). With this new act, the government wants to reorganise the guaranteed minimum income scheme (the former RMG and RMGH). The bill introducing the REVIS is designed to further strengthen the activation of entitled persons.
The four objectives of the REVIS are:

  1. to achieve a social inclusion approach;
  2. to establish a coherent system of stabilisation, social activation and occupational reintegration policies;
  3. to act against poverty among children and single-parent families; and
  4. to simplify administration.

Links

Update date: Tue, 2018-03-20

D7. Additional costs

For families of persons with disabilities or individuals with disabilities some financial benefits exist in Luxembourg including children’s allowances, disabled adult's benefits, and tax reductions. Special family allowance (allocation spéciale supplémentaire) is given if a child has a disability of at least 50% compared to non-disabled children. The special allowance is linked to the general child allowance and about the same sum (Loi du 19.06.1985 - Mémorial A 1985, p. 679 and Loi du 12.09.2003 -Mémorial A 2003, p. 2938). The changes in family allowances decided for 2015 didn't apply for children with disabilities. The special family allowance (allocation spéciale supplémentaire) was not affected. There are particular benefits and financial support measures for blind and deaf persons. Physically handicapped persons can apply for allowances if they need reasonable accommodations at home or if there is a need for a special vehicle equipped for a disabled person.

Links

Update date: Tue, 2016-04-19

D8. Retirement income

There are no special regulations for people with disabilities who are fully employed over their working life time. The administrative framework distinguishes between retirement by age or by invalidity. Retirement by age presupposes 480 months of mandatory pension insurance to be eligible for receiving a pension at the age of 57 or older, or being 65 years old and having paid (mandatory or voluntary) insurance for a minimum of 120 months. Invalidity pension is independent of these criteria, which means, it is also available for persons without prior employment.

Links

Update date: Mon, 2016-05-09

E. Education

E1. Special schools

In 1912 the first official schooling laws were announced by the government. The Compulsory Education Act gave the general right of education to every child, but children with intellectual and developmental disabilities were refused access and children with physical disabilities were excluded from school attendance. Only the convent foster care centre of Betzdorf offered some schooling for pupils with disabilities, starting 1904. In 1966, the first 'experimental classes' with pupils with special needs e.g. in Esch/Alzette took place. Others like the Centre on hearing and language disorders (Centre de Logopédie Luxembourg), followed sometimes without government authorisation or legislation. The Special Education Act of 1973 obliged children with disabilities to attend school and there emerged several special education institutions and special schools. Currently, there are 16 institutions and special schools all over the country. In 1994/95 the reformulation of the Special Education Act opened the gateway to integration by proposing three ways of schooling for children with disabilities: joining the Luxembourg special education system (éducation différenciée), going to an approved institution abroad or participating in mainstream schooling. The Luxembourg administration pointed out the right and responsibility of the parents to decide the type of schooling (special or mainstreaming education) they want for their children. From the early years of the new century the numbers in the special education system have decreased continuously.

In 2009, a new act on education set up a framework of cooperation of mainstream and special education schools. In 2013, the first special education school changed its name to regional inclusion centre (centre scolaire inclusifregional). The current education policy favours inclusive school enrolment, but it does not intend to abolish the special education system. There is no individual right to permanently mainstream schooling for disabled pupils, if they do not meet the defined educational standards. The reform of the act on primary education of 2017 states that a child with special or specific educational needs may satisfy the obligation to attend school by receiving a differentiated education (enseignement différencié) according to his or her needs identified by the school inclusion commission (la commission d'inclusion). The new act will provide the so-called 'competence centres' (centres de compétences) for students with special educational needs, building on existing structures (the special schools and institutions - l'éducation différenciée). In addition some new centres will be created:

  • the current Speech and Language Centre will evolve to the Centre for Language Development, Hearing and Communication Skills;
  • the current Institute for the Visually Impaired will evolve towards the Centre for the Development of Visual Competence;
  • the Institute for Cerebral Palsy will join the Centre for Motor and Global Development;
  • Differentiated Education Centres will be consolidated in the Centre for Intellectual Development; and
  • The Institute for Autistic and Psychotic Children will join the Centre for the Development of Children and Youth with Autism Spectrum Disorder.

Three new centres will emerge:
  • a Centre for the development of learning for students suffering from dyslexia, dyscalculia, dyspraxia;
  • a Centre for socio-emotional development for students with behavioural disorders; and
  • a Centre for the follow-up of children and young people who are intellectually precocious, for 'gifted' or high-potential students.

The Government highlights that the proposed restructuring is not limited to a mere name change, but represents a considerable change in paradigms and pedagogical approach.

Links

Update date: Tue, 2018-03-20

E2. Mainstream schools

The Luxemburg school system starts with Elementary School (three to five years which is optional) and is compulsory at year four and five (Preschool education). The medium of instruction is Luxembourgish. At Primary Education (6-12 years) literacy is taught in German and French lessons during the second year in Primary Education. Transition from primary to secondary education (classical: year 12-18 or technical: year 12-17/19 depending on the branch) is guided by an orientation procedure. For children with special needs in mainstream schooling educational support teams were established in 1998. Participation for children with disabilities in mainstream education can be realised through two models: 1) the cohabitation model: (SEN classes integrated in the mainstream structure); or 2) in form of individual inclusion in ordinary classes – temporarily or over the whole period of schooling. In 2009 the service for children with special needs (SREA Service Rééducative Ambulatoire) was restructured and now entitled as multidisciplinary teams (équipes multi-professionnelles) to support children with disabilities at schooling period. In 2011, the legislative act about accommodations (Loi du 15 juillet 2011 l'accès aux qualifications scolaires et professionnelles des élèves à besoins éducatifs - aménagements, raisonnables) states that there should be evaluation and certification of pupils with disabilities in mainstream schools at secondary level (enseignement secondaire). The aim of this ordinance is to guarantee that pupils with physical or sensory handicaps get the qualification of secondary level (lycée classique and lycée technique). Institutional accessibility (public transport, buildings, classrooms, equipment and so on) has to be initiated or adapted. Educational tests or exams have to be modified to give disabled pupils a fair chance to pass: transcription in Braille (embossed printing) oral examination, additional breaks, extra time, and so on. The proposal prescribes that teachers in training should be given a better understanding of disability, along with a positive notion thereof, during their initial year of training. A new national commission (commission des aménagements raisonnables) will be created in the context of the Accommodation Act to decide on requests submitted by school directors. Members of the committee are representing the schools, teachers, specialised teachers, psychological services and the national Committee for Persons with Disabilities. It appears that the impact of this Accommodation Act will result in a growing number of Luxemburg pupils with disabilities being able to take up higher education. In 2007/08 new inclusive approaches and school-models emerged e.g. 'Eis Schoul' (L'école fondamentale de recherche, à journée continue, fondée sur la pédagogie inclusive). In 2013 the first special school was renamed as inclusive school ('centre scolaire inclusif régional') to emphasise a more close cooperation with the local mainstream schools. Education policy prefers inclusive school enrolment in general, but does not intend to abolish the special education system in total. There is no individual right on permanently mainstream schooling for disabled pupils, if they do not meet the defined educational standards. The national law prohibits discrimination against persons with disabilities including education and schooling (Luxembourg Human Rights Report 2013).

Links

Update date: Tue, 2016-04-19

E3. Sign language and Braille in school

The education of deaf children is complicated by the multilingualism in Luxembourg. Luxembourgish children speak Luxembourgish as their native language. In nurseries, play schools and kindergartens Luxembourgish is the common language. At primary school pupils start to read and write in German. From the second school year onwards, French and German are taught in parallel. Additional languages like English are taught in post primary education. Braille (Eight-dot Braille) is taught by the IDV (Institut pour Déficients Visuels – Institute for blind and vision disabled children) in Luxembourg. This institution was founded in 1975 to support children with visual impairment in mainstream schools and adults in vocational training. Deaf pupils are taught German as basic language. The consequence is that most deaf students use German as their main language and are hardly able to use French for communication, despite the fact that French is more widely spoken in the environment. In Luxembourg, the formerly prevailing oralist method of education has been abandoned in favour of using more sign language, however not with all deaf children, but mostly with deaf students who have learning difficulties. Deaf children, who do not have learning difficulties, continue to receive oral education. Moreover, some deaf and hard of hearing pupils are educated beyond the Centre de Logopédie, at mainstream schools. These pupils are usually not familiar with sign languages, particularly the German Sign Language (Deutsche Gebärden Sprache- DGS). Nowadays, there are some sign language courses (German Sign Language and Sign-supported German). Sign language can be learnt at Daaflux (Hearing Impaired, Luxembourg) and at the Speech Therapy Centre (Centre de Logopédie). According to the Accommodation Act (2011), educational tests or exams provided in mainstream schools have to be adapted and if necessary transcribed in Braille (embossed printing). With the coming into force of the new law on sign language (expected beginning 2018), hearing-impaired students are given the right to access sign language instruction and to learn sign language. In addition, parents and siblings of hearing-impaired children are given the right to acttend free sign language courses.

Links

Update date: Tue, 2018-03-20

E4. Vocational training

Vocational training and formation is integrated at technical secondary education level. In general it leads to the certificate of technical and vocational proficiency (certificat d'aptitude technique et professionnelle CATP). Vocational education provides apprenticeship at two levels. At the first level a vocational basis for education leads to the certificate of technical and vocational initiation (CITP- Certificat d’initiation technique et professionnelle). The second level offers the CCM (certificat de capacité manuelle) for slow learners or pupils with intellectual disabilities who have difficulties in learning theoretical subjects but who are capable of learning practical vocational skills and aptitudes. This opens the possibility for a professional career or to go on to the CATP. The specialised education service (Education Différenciée) also provides so-called 'preparing centres' (Centre de Propédeutique Professionnelle) where pupils with disabilities older than 15 years can profit from a range of vocational training. Most of the sheltered workshops and therapeutic ateliers offer vocational skills trainings and adapted formation for persons with disabilities. Despite of the legal mission, the enrollment in special centers (preparing centres and sheltered workshops) does not result in inclusion into the mainstream labour market.

Links

Update date: Tue, 2016-04-19

E5. Higher education

The first and only national higher institution – the University of Luxembourg was founded in 2003. The mission statement of the University (2005) highlights the inclusion of students with special needs. For incoming students fully accessible apartments are offered by the student service (Service des Études et de la Vie Étudiante SEVE). The service for students with special needs is situated at campus Belval. Students with disabilities can benefit from individual reasonable accommodations. The Act about accommodations (Loi du 15 juillet 2011 pour l'accès aux qualifications scolaires et professionnelles des élèves à besoins éducatifs - aménagements, raisonnables) legally does not apply at the university level.
In 2017, the new act on Higher Education at Luxembourg University (projet de Loi ayant pour objet l’organisation de l’Université du Luxembourg, le 8.5.2017) was adopted.
The number of students with disabilities at Luxembourg University has risen continuously since 2005. In 2015 the new campus became operational. This campus was planned and designed under the national act on accessibility but there are some inconsistencies with universal design principles still to be resolved. The new Act on Higher Education at Luxembourg University prohibits all discrimination against persons with disabilities (Art. 44,7: 'toute discrimination directe ou indirecte fondée sur ... le handicap...'). Article 11 of Act on Higher Education at Luxembourg University requires the appointment of a person responsible for compensation for disadvantages and reasonable accommodations. The Act (Art. 39) refers to students with special educational needs ('usager à besoins éducatifs particuliers') and defines them as 'users with a particular disability or incapacity whose repercussions impede a normal progression in higher education or prevent them from asserting the knowledge and skills acquired in the assessment tests by impairments and limitations that can be overcome by the reasonable accommodation'. The new Act does not cover all higher education structures, but only the University of Luxembourg. The law is expected to enter into force at the beginning of 2018.

Links

Update date: Tue, 2018-03-20

F. Employment

F1. Non-discrimination in employment

Luxembourg commits to equal opportunity policy by applying the European Directives 2000/43/EC and 2000/78/EC. Therefore it is an offence to discriminate on the basis of disability when hiring a person. The national law prohibits discrimination against persons with disabilities this includes employment and labour market (Luxembourg Human Rights Report 2013). A quota system for persons with disabilities prescribes by law that the public sector has to fulfill an employment quota of about 5% and private companies with at least 25 workers must integrate at least one person with a disability. The quota rises to 2% for private companies with 50 employees and to 4% for companies with 300 or more employees (Code du travail Livre V Art. L. 562-3). If the quota is voluntarily not met, a charge (50% of the guaranteed basic income) can be imposed. Still to date the law has not been applied.

Links

Update date: Tue, 2016-04-19

F2. Public employment services

The ADEM (Agence pour le Développement de l'Emploi) is the only national employment service. For persons with disabilities there is a special section for counselling and support of persons with disabilities in the main labour market or in the secondary labour market and sheltered workshops. The prior term 'travailleur handicapé' (handicapped worker) was recently changed to 'salarié handicapé' (employee with disabilities).

Links

Update date: Tue, 2016-04-19

F3. Workplace adaptations

The national employment service (Agence pour le développement de l'emploi - ADEM) can meet all or part of the expenses of workplace adaptations, didactic measures like additional training or particular instruction and costs of transportation requested for hiring a person with disabilities.

Links

Update date: Tue, 2016-04-19

F4. Financial incentives

The employment of a person with disabilities can be facilitated by the national employment service (ADEM) by financial participation (40-100%) of the wage, including the employer’s contribution to social security systems. The employed person with disabilities can benefit from reduced or total exemption from social security contributions. Employees with disabilities have the right to an additional six days leave per annum. The Ministry of Labour counts the financial expenditure under the title Compensation costs for working persons with disabilities (Indemnité compensatoire travailleurs handicaps), which was about 1 569 955,79€ in 2014 (Rapport d'activité 2014, Ministy of Labour).

Links

Update date: Tue, 2016-04-19

G. Statistics and data collection

G1. Official research

Official research activities in the domain of disability are rarely undertaken. At the university level, disability is not a research priority, and there is no tradition of disability research. A prominent research partner at the University of Luxembourg is the research group Processes and Systems of Social Regulation - Social Inclusion and Exclusion, integrated in the research unit INSIDE (Integrative Research Unit: Social and Individual Development in 2014 renamed in: institute for research and Innovation on Social Work, Social Pedagogy, Social Welfare - IRISS). Very few research deals with inclusion processes and disability questions in higher education. Some articles can be found in the ARC Journal. There are also some former and ongoing projects at institutional level in the field. The National Report on Education tackles the situation of pupils with disabilities in the national education system (Limbach-Reich & Powell 2015: Schülerinnen und Schüler mit besonderem Förderungsbedarf im luxemburgischen Bildungssystem). The Ministry of Labour and the National Employment Office (ADEM) publish annual data on the employment situation of disabled workers (Ministère du Travail. de l' Emploi et de l'Economie Sociale et Solidaire 2014: Rapport d'activité; L'Agence pour le Développement de l'Emploi 'ADEM' 2014: Rapport d'activité). The Ministry of Family Affairs collects data about the social situation and living conditions of persons with disabilities in Luxembourg (Ministère de la Famille, de l'Integration et à la Grande Région 2014: Rapport d'activité 2014). Other Ministries as well report data on disabilities and persons with disabilities in line with their area of responsibility. The National statistic office (STATEC) compiles data on education and employment of persons with disabilities and other demographic data in line with disabilities. In Luxembourg to date a special research unit on disability is not well established.

Links

Update date: Tue, 2016-04-19

G2. Census data

Every ten years a general population census is undertaken in Luxembourg by STATEC (Central Service for Statistics and Economic Studies, formed in 1962 under the authority of the Ministry of Economy and Foreign Trade). As the last census in Luxembourg took place on 15 February 2001, STATEC has organised the next one on 01 February 2011. There are no data about the general population with disabilities. In the collection of data disabled persons are not identified in any question. Some data can be found about children in special education institutions or about requests for disability or related national support services. The recent statistic portal includes a survey on pupils enrolled in special centres and institututes of special education in Luxembourg compiling data from 1998/1999 in Luxembourg.

Links

Update date: Tue, 2016-04-19

G3. Labour Force Survey

The Ministry of Labour publishes every year the data relating to registered job-seekers with disabilities. The national employment Service in 2014 amounts the incidence number of persons with disabilities at 426 persons. Disabled workers are identified by the enrolment at the National Employment Service (ADEM) and recognised as a disabled worker (salarié handicapé) by the Employment Service. Luxemburg participated in the European LSF Module 2002 Employment of Disabled Persons.

Links

Update date: Tue, 2016-04-19

G4. Disability equality indicators

There are no official disability equality indicators based on public data sources. The Ministry of Education publishes annually the percentages of children with special needs in segregated schools in relation to the whole population of pupils (primary and secondary) the non-inclusion rate was under 1%. The Ministry of Labour reports annually the percentage of registered job seekers with disabilities in relation to all registered job seekers.

Links

Update date: Tue, 2016-04-19

H. Awareness and external action

H1. Awareness raising programs

The Ministry of Family and Integration started an awareness raising programme in March 2010 to inform the Luxemburgish society about the CRPD and its main targets. Additional awareness raising events took place the following years. An overview of awareness raising programmes provides the National Disability Information Centre (Infohandicap). Very popular are the local actions ('eng Gemeng fir Jiddereen', 'Am Rollstuhl duerch Lëtzebuerg').

Links

Update date: Tue, 2016-04-19

H2. Training for teachers

Starting in 2012 first compulsory and optional modules were introduced in Luxemburgish teacher training. There is no national higher education training for teachers in special needs institutions. The internship obligatory for teacher education includes special needs institutions. The Bachelor of Social Sciences and Educational Sciences offers modules in disability related topics and special education.

Links

Update date: Tue, 2016-04-19

H3. Training for lawyers

Disability awareness or disability equality issues are not a compulsory part of training programmes for lawyers. In cooperation with the national disability Information centre (Infohandicap) first negotiations have been started to establish offers for lawyers on disability issues. To date disability awareness are not part of the obligatory programme of lawyers.

Links

Update date: Tue, 2016-04-19

H4. Training for doctors

Disability awareness or disability equality issues are not a compulsory part of training programmes for doctors. The Association of Parents with Children with disabilities offers information programmes for medical staff. Full medical training for doctors to date is not established at Luxembourg University.

Links

Update date: Tue, 2016-04-19

H5. Training for engineers

Disability awareness, equality issues, accessibility or universal design are not a compulsory part of training programmes for engineers at Luxembourg University. There are no offerings on the BA programmes in engineering an the University of Luxembourg but there is a programme in sustainable development that covers disability and equality issues. Infohandicap offers information events on Design for all for technical staff and engineers.

Links

Update date: Tue, 2016-04-19

H6. International development aid

The strategies and topics of development aid of the Luxembourg Government do not explicitly highlight the domain of disability. However, on the level of specific cooperation areas there are programmes including persons with disabilities under the domain of health and health education (Santé). This is so in the fields of health, education, and vocational training (Ministry of Development / Ministère de la Coopération et de l'Action humanitaire). The Luxembourg Government cooperates with handicap international and other NGOs (e.g. Fondation Follereau). Luxembourg's development cooperation annual report (Lëtzebuerger Entwécklungszesummenaarbecht) 2014 didn't highlight any disability mainstreaming aspect.

Links

Update date: Tue, 2016-04-19

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                    [title] => Czech Republic
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            [13] => stdClass Object
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            [14] => stdClass Object
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            [17] => stdClass Object
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                    [path] => 
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            [18] => stdClass Object
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                    [level] => 2
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                    [access] => 0
                    [path] => 
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            [19] => stdClass Object
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                    [level] => 2
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                    [access] => 0
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            [20] => stdClass Object
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                    [id] => 24
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                    [level] => 2
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            [21] => stdClass Object
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                    [id] => 25
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                    [access] => 0
                    [path] => 
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            [22] => stdClass Object
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                    [access] => 0
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            [23] => stdClass Object
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                    [id] => 27
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            [24] => stdClass Object
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                    [level] => 2
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            [27] => stdClass Object
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                    [level] => 2
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                    [level] => 2
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                    [level] => 2
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            [30] => stdClass Object
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            [35] => stdClass Object
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                    [level] => 1
                    [slug] => other-european-countries
                    [title] => Other European countries
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                    [access] => 0
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                    [level] => 2
                    [slug] => iceland
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                    [level] => 2
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                    [slug] => norway
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        )

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                    [rgt] => 20
                    [level] => 1
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                    [access] => 0
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            [1] => stdClass Object
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                    [level] => 2
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                    [access] => 0
                    [path] => 
                    [ordering] => 2
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                    [checked_out] => 0
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                    [id] => 4
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                    [rgt] => 5
                    [level] => 2
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                    [access] => 0
                    [path] => 
                    [ordering] => 3
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
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            [3] => stdClass Object
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                    [level] => 2
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                    [access] => 0
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                    [ordering] => 4
                    [state] => 1
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                    [checked_out] => 0
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            [4] => stdClass Object
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                    [rgt] => 9
                    [level] => 2
                    [slug] => a4-comprehensive-review
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                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 5
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [children] => 0
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            [5] => stdClass Object
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                    [lft] => 10
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                    [level] => 2
                    [slug] => a5-focal-point
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                    [access] => 0
                    [path] => 
                    [ordering] => 6
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 0000-00-00 00:00:00
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                    [lft] => 12
                    [rgt] => 13
                    [level] => 2
                    [slug] => a6-coordination-mechanism
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                    [access] => 0
                    [path] => 
                    [ordering] => 7
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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            [7] => stdClass Object
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                    [parent_id] => 2
                    [lft] => 14
                    [rgt] => 15
                    [level] => 2
                    [slug] => a7-independent-mechanism
                    [title] => A7. Independent mechanism
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                    [access] => 0
                    [path] => 
                    [ordering] => 8
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
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            [8] => stdClass Object
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                    [id] => 10
                    [parent_id] => 2
                    [lft] => 16
                    [rgt] => 17
                    [level] => 2
                    [slug] => a8-official-reporting
                    [title] => A8. Official reporting
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 9
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
                    [created_by] => 548
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                    [children] => 0
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            [9] => stdClass Object
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                    [id] => 11
                    [parent_id] => 2
                    [lft] => 18
                    [rgt] => 19
                    [level] => 2
                    [slug] => a9-shadow-reporting
                    [title] => A9. Shadow reporting
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 10
                    [state] => 1
                    [published] => 1
                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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                    [parent_id] => 1
                    [lft] => 21
                    [rgt] => 32
                    [level] => 1
                    [slug] => b-general-legal-framework
                    [title] => B. General legal framework
                    [alias] => 
                    [access] => 0
                    [path] => 
                    [ordering] => 11
                    [state] => 1
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                    [checked_out] => 0
                    [checked_out_time] => 2016-07-01 12:00:00
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            [11] => stdClass Object
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                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A1. Ratification or conclusion of the UN Convention
                                    [theme_slug] => a1-ratification-or-conclusion-of-the-un-convention
                                    [theme_id] => 3
                                    [contents] => Luxembourg signed the UN Convention on the Rights of Persons with Disabilities (CRPD) and the Optional Protocol on 30 March 2007. After the deposit of the legislative proposal (No. 6141) in May 2010, the Convention and the Optional Protocol were approved by the Luxembourgish Parliament (Chambre des Députes) on 13 July 2011. The Convention entered into force for Luxembourg on 12 August 2011. The Convention was published as 'Rights of Persons with Disabilities' (Droits des Personnes Handicapées) in the national law journal (MEMORIAL Journal Officiel du Grand-Duché de Luxembourg / Amtsblatt des Großherzogtums Luxemburg, A-No.169 9 août 2011 p.2897 -2916) on 09 August 2011. The document covers the CRPD and the Optional Protocol and the introductory paragraphs appoint and clarify the independent national monitoring mechanism of the CRPD.
                                    [update_date] => 2016-04-18 18:02:11
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Luxembourg National Law Journal
                                                    [url] => http://www.legilux.public.lu/leg/a/archives/2011/0169/a169.pdf
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => CRPD in French (CRDPH) and in German (BRK), the National Ministry of Family, Integration and the Greater Region
                                                    [url] => http://www.mfi.public.lu/publications/Handicap/index.html
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => European Legislation Identifier
                                                    [url] => http://eli.legilux.public.lu/eli/etat/leg/loi/2011/07/28/n3
                                                )

                                        )

                                )

                            [4] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A2. Ratification or accession to the Optional Protocol
                                    [theme_slug] => a2-ratification-or-accession-to-the-optional-protocol
                                    [theme_id] => 4
                                    [contents] => Luxembourg signed the Optional Protocol on 30 March 2007 and approved it on 13 July 2011. The Optional Protocol was announced in the national law journal (Mémorial du Grand Duché de Luxembourg - Amtsblatt des Großherzogtums Luxemburg) and entered into force on 12 August 2011.
                                    [update_date] => 2016-04-18 18:03:39
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Luxembourg National Law Journal
                                                    [url] => http://www.legilux.public.lu/leg/a/archives/2011/0169/a169.pdf
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => European Legislation Identifier: 
                                                    [url] => http://eli.legilux.public.lu/eli/etat/leg/loi/2011/07/28/n3
                                                )

                                        )

                                )

                            [5] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A3. Declarations, Reservations and Objections
                                    [theme_slug] => a3-declarations-reservations-and-objections
                                    [theme_id] => 5
                                    [contents] => There were no declarations, reservations, or objections documented by the Luxembourgish Parliament. Advocacy groups, human rights associations, stakeholders, and other relevant groups were asked by the Ministry of Family and Integration (Ministère de la Famille et de l'Intégration) for statements and comments on the convention. In summary: they acknowledged the impact of the convention and agreed it. There is an overview of comments and notes ('avis') to the CRPD by different organisations (e.g.: Centre pour l'Egalité de Traitement/Centre for equal treatment,  Commission Consultative des Droits de l'Homme du Grand-Duché de Luxembourg/ National Consultative Commission on Human Rights of the Grand-Duchy of Luxembourg, Conseil National des Personnes Handicapées/ National Disability Council, and others).
                                    [update_date] => 2016-04-18 18:06:39
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Comments to the CRPD act (rôle des affaires CRDPH)
                                                    [url] => http://chd.lu/wps/portal/public/RoleEtendu?action=doDocpaDetails&backto=/wps/portal/public&id=6141
                                                )

                                        )

                                )

                            [6] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A4. Comprehensive review
                                    [theme_slug] => a4-comprehensive-review
                                    [theme_id] => 6
                                    [contents] => In 2010, the Luxembourgish Government introduced the Convention at the parliament, giving a comprehensive overview and concluded that the existing national legislation already fulfilled most of the obligations and acts required by the convention (Chambre des députes session ordinaire 03.06.2010. Sommaire du projet de loi portant approbation – de la Convention relative aux droits des personnes handicapées, Dépôt: le 25.5.2010, Luxembourg: Service Central des Imprimés de l’Etat, p.7). Comments and reviews are documented at the national service agency for persons with disabilities (Infohandicap) where there are versions of the CRPD in English, French, and German. An easy-to-read version (a very short overview of the CRPD and the National Action Plan) is also available on the webpage.
                                    [update_date] => 2016-04-19 11:08:03
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Information from the Luxembourg Parliament
                                                    [url] => http://chd.lu/wps/portal/public/RoleEtendu?action=doDocpaDetails&backto=/wps/portal/public&id=6141
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => The national service agency for persons with disabilities (Infohandicap):
                                                    [url] => http://www.info-handicap.lu/index.php/de-DE/dokumente/uno-konvention-convention-onu
                                                )

                                        )

                                )

                            [7] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A5. Focal point
                                    [theme_slug] => a5-focal-point
                                    [theme_id] => 7
                                    [contents] => In 2009, the Luxembourg Government authorised the National Ministry of Family and Integration (Ministère de la Famille et de l'intégration now Ministêre de la Famille, de l'Intégration et de la Grande Région) to prepare and accompany the implementation of the Convention and the elaboration of a national action plan. A steering committee was established guiding the realisation of the Convention. This focal group initiated a first official presentation of the Convention on 02 March 2011 and launched subgroups dealing with specific subjects of the Convention and their implementation in Luxembourg. These working groups are still operable and deal with the following topics: Information and awareness of disability issues; access to information and freedom of opinion; non-discrimination and equal opportunity; mobility and use of public transport; accessibility to public services and infrastructures; legislation and administrative rules; autonomy and participation; health conditions and data collection. Different groups are formed to discuss more than one topic. These highlight current problems and barriers to participation and inclusion, as well as draw up with solutions to them. The working groups have no decision-making power but play an important role in consultation and empowering participants and stakeholders as they are in close contact with the Ministry of Family and Integration.
                                    [update_date] => 2016-04-19 11:10:04
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Ministry of Family and Integration
                                                    [url] => http://www.mfi.public.lu/publications/ConventionONU/index.html
                                                )

                                        )

                                )

                            [8] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A6. Coordination mechanism
                                    [theme_slug] => a6-coordination-mechanism
                                    [theme_id] => 8
                                    [contents] => The Luxembourg Ministry of Family and Integration (Ministère de la Famille et de l'Intégration) cooperates on a particular basis with other concerned Ministries (e.g. Ministry of Labour) or administrations, services and NGO’s and coordinates the implementation of the CRPD at national level. At the international level the Ministry of Foreign Affairs (Ministère des Affaires Etrangères) is the responsible partner. The Ministry of Family and Integration launched an awareness campaign and organised related actions. Members of the steering groups are the Ministry of Family and Integration, delegates of non-profit organisations and disability associations, including persons with disabilities elected by the first working session. So the working groups are ad hoc groups with significant participation of persons with disabilities. The Ministry charged with the coordination has changed in 2014. Now it is the Ministry of Family, Integration and Greater region (Ministère de la Famille, de l'Intégration et à la Grande Région).
                                    [update_date] => 2016-04-19 11:11:42
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Ministry of Family, Integration and the Greater Region
                                                    [url] => http://www.mfi.public.lu/publications/Handicap/index.html
                                                )

                                        )

                                )

                            [9] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A7. Independent mechanism
                                    [theme_slug] => a7-independent-mechanism
                                    [theme_id] => 9
                                    [contents] => As appointed in the leading text of the Rights of Persons with Disabilities Act (Memorial 09 August 2011 A-169) there are two institutions mandated with the monitoring task at national level: The Luxembourg Consulting Commission on Human Rights (Commission consultative des Droits de l'Homme du Grand-Duché de Luxembourg – CCDH) and the National Centre for Equal Treatment (Centre pour l’égalité de traitement - CET) with the independent monitoring of the realisation of the convention. The CCDH is a consulting organisation founded in 2008, and is recognised by law as providing advice to the Government. The members (presently: 19, mostly lawyers, advocates, journalists, or from the social professions) of the commission are appointed by the Government for five years with a renewable mandate. The CET was established by law in 2006. It consists of five members appointed for five years (renewable once) by the Grand Duke based on a proposal from the Luxembourg Parliament. There is no hierarchy, but a thematic division of work. In Article 3 of the leading text is appointed as national independent mechanism, to protect the implementation of the Convention the national mediator on civil services (médiateur au service de citoyens - Ombudsman) of Luxembourg. An Overview of the monitoring mechanism is available at the homepage of the national disability information centre (Infohandicap).
                                    [update_date] => 2016-04-19 11:15:52
                                    [links] => Array
                                        (
                                            [0] => stdClass Object
                                                (
                                                    [title] => Information from the Luxembourg Parliament
                                                    [url] => http://www.chd.lu/wps/portal/public/RoleEtendu?action=doDocpaDetails&id=6141
                                                )

                                            [1] => stdClass Object
                                                (
                                                    [title] => National Consultative Commission on Human Rights of the Grand-Duchy of Luxembourg: 
http://www.ccdh.public.lu/fr/index.html
                                                    [url] => http://www.ccdh.public.lu/fr/index.html
                                                )

                                            [2] => stdClass Object
                                                (
                                                    [title] => Centre for Equal Treatment
                                                    [url] => http://cet.lu/en
                                                )

                                            [3] => stdClass Object
                                                (
                                                    [title] => Ombusman Luxembourg
                                                    [url] => http://www.ombudsman.lu/
                                                )

                                            [4] => stdClass Object
                                                (
                                                    [title] => National Disability Information Centre
                                                    [url] => http://www.info-handicap.lu/index.php/de-DE/dokumente/uno-konvention-convention-onu/678-unbrkmonitoring/file
                                                )

                                        )

                                )

                            [10] => stdClass Object
                                (
                                    [parent] => A. UN Convention status
                                    [theme_title] => A8. Official reporting
                                    [theme_slug] => a8-official-reporting
                                    [theme_id] => 10
                                    [contents] => As the Convention was signed on July 2011 and published in the national law journal during August 2011, the first national report was due in October 2013 and submitted to the UN in March 2014. Under the responsibility of the Ministry of Family, Integration and the Greater Region the Initial report (premier rapport périodique du Grand-Duché de Luxembourg de mise en oeuvre de la Convention des Nations Unies relative aux droits des personnes handicapées) covers the entire range of the CRPD by tackling 421 points reaching from the first national programme on disability policy to the creation of a community based service for people with disabilities in the capital of Luxembourg. 
In August 2017 the Committee commented on the report (CRPD/C/LUX/1) and adopted 64 concluding observations at its 354th and 356th meetings, held on 28 and 29 August 2017, respectively.
The Initial report is available in French, English, and Spanish. The Concluding Observations on the Initial report of Luxembourg are published in English, Russian and Spanish, none of which is the national language of Luxembourg. Within the disability movement, a workable translation into German has been developed, but this version has no official status and is only available for internal use (no official link yet). [update_date] => 2018-03-20 11:32:38 [links] => Array ( [0] => stdClass Object ( [title] => State reports to the UN Committee [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=102&DocTypeID=29 ) [1] => stdClass Object ( [title] => Link to all UN reporting cycle documentation [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=102 ) [2] => stdClass Object ( [title] => First National Comprehensive Report on the Implementation of the CRPD in Luxembourg (French draft) [url] => http://www.mfi.public.lu/publications/ConventionONU/ConventionONU.PDF ) [3] => stdClass Object ( [title] => French version of the State report [url] => https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/201/47/PDF/G1520147.pdf?OpenElement ) [4] => stdClass Object ( [title] => Spanish version of the Initial State report [url] => https://documents-dds-ny.un.org/doc/UNDOC/GEN/G15/201/48/PDF/G1520148.pdf?OpenElement ) [5] => stdClass Object ( [title] => Committee 2017 Concluding Observations on the Initial report of Luxembourg [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fLUX%2fCO%2f1&Lang=en ) ) ) [11] => stdClass Object ( [parent] => A. UN Convention status [theme_title] => A9. Shadow reporting [theme_slug] => a9-shadow-reporting [theme_id] => 11 [contents] => On 30 December 2016 the first alternative report was sent to Geneva developed by a broad cross-disability organisations and empowerment groups. The report addressed specific points and in general commented on the implementation of the CRPD and the recent situation in Luxembourg. In addition to the official shadow report in English (Alternative Report on Implementation of the United Nations Convention on the Rights of Persons with Disabilities - Luxembourg 2016), a German version was published (Umsetzung des Übereinkommens der Vereinten Nationen Über die Rechte von Menschen mit Behinderungen - Schattenbericht des Großherzogtums Luxemburg 2016). In February 2017, the National Consultative Council on Human Rights (Commission Consultative des Droits de l’Homme) issued a specific report on the implementation of the CRPD based on the national and alternative reports including the 'list of issues' of the Committee on the rights of persons with disabilities. [update_date] => 2018-03-20 11:25:02 [links] => Array ( [0] => stdClass Object ( [title] => Nëmme Mat Eis! Homepage [url] => http://www.nemmemateis.lu/#aufruz ) [1] => stdClass Object ( [title] => Statements about the national action plan [url] => http://www.mfi.public.lu/publications/Handicap/AktionsplanDE.pdf ) [2] => stdClass Object ( [title] => Nëmme Mat Eis and other Luxembourgish DPOs-Alternative report [url] => http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=LUX&Lang=EN ) [3] => stdClass Object ( [title] => Commission consultative des Droits de l’Homme (CCDH)-NHRI-LOIs-Luxembourg [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCRPD%2fIFL%2fLUX%2f26611&Lang=en ) [4] => stdClass Object ( [title] => Shadow Report Luxembourg [url] => http://tbinternet.ohchr.org/Treaties/CRPD/Shared%20Documents/LUX/INT_CRPD_ICO_LUX_26863_E.doc ) [5] => stdClass Object ( [title] => Civil society reports to the UN Committee [url] => http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=4&CountryID=102&DocTypeID=14 ) ) ) [13] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B1. Anti-discrimination legislation [theme_slug] => b1-anti-discrimination-legislation [theme_id] => 13 [contents] => The national law prohibits discrimination against persons with disabilities in education, employment, transportation, access to health care, and the provision of other state services (Luxembourg Human Rights Report 2013). The national constitution does not explicitly mention persons with disabilities concerning human rights and non-discrimination, but article 11(5) stipulates that the law regulates in principle social security, health protection, worker’s rights, poverty reduction, and the social integration of citizens with disabilities: 'La loi règle quant à ses principes la sécurité sociale, la protection de la santé, les droits des travailleurs, la lutte contre la pauvreté et l’intégration sociale des citoyens atteints d’un handicap' (Art.11.5). There is one Article stating: 'Les Luxembourgeois sont égaux devant la loi'. All Luxembourgian are equal before the law (art. 10bis). The Constitution also states in article 11.2 that men and women are equal ('Les femmes et les hommes sont égaux en droits et devoirs'). The recent legal and administrative measures and arrangements are guided by the Action Plan in Favour of Persons with Disabilities (Plan d’action en faveur des personnes handicapées) published in 1997 and to date officially not revised, but updated by the CRPD. There are some legislative regulations concerning some aspects and circumstances of persons with disabilities: Act of accessibility 22 July 2008 (Loi du 22 juillet 2008 relative à l’accessibilité des lieux ouverts au public aux personnes handicapées accompagnées de chiens d’assistance). Act on the supreme counsel for persons with disabilities 25 January 2006 (Règlement grand-ducal du 25 janvier 2006 concernant l'organisation et le fonctionnement du Conseil supérieur des personnes handicapées). Act on persons with disabilities 12 September 2003 (Loi modifiée du 12 septembre 2003 relative aux personnes handicapées). There is some brief information by the Ministry of Family and Integration pointing out some future essentials in disability policies: accessibility, awareness raising, self-determination, empowerment, being expert in your own case, inclusion, independent living, participation, etc. In 2006, regulations of the National Labour Act (Code du travail) related to the European Commission Directives (43/2000/EC and 2000/78/CE, p. 15) and stipulated that discrimination based on disabilities is forbidden by law ('Toute discrimination directe ou indirecte fondée sur…, le handicap, … est interdite' (Art. L. 251-1). There are no specific rights of disabled women. Women with and without disabilities enjoy the same legal rights as men with or without disabilities including rights under family law, property law, and the judicial system. Children with disabilities can attend special or regular schools in accordance with parents' preference. [update_date] => 2016-05-09 12:51:06 [links] => Array ( [0] => stdClass Object ( [title] => National Framework Disability Policy (in German) [url] => http://www.info-handicap.lu/images/GdH_9/9.3_DE.pdf ) [1] => stdClass Object ( [title] => Action plan to make everyday life easier for disabled people [url] => http://www.mfi.public.lu/actualites/2011/07/Behindert/index.html ) [2] => stdClass Object ( [title] => The Constitution of Luxembourg [url] => http://www.legilux.public.lu/leg/textescoordonnes/recueils/Constitution/constitution_gdl.pdf ) [3] => stdClass Object ( [title] => Labour Act (Code du travail) [url] => http://www.legilux.public.lu/leg/textescoordonnes/codes/code_travail/Code_du_Travail.pdf ) ) ) [14] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B2. Recognition of legal capacity [theme_slug] => b2-recognition-of-legal-capacity [theme_id] => 14 [contents] => As there is no unique definition of disability ('handicap') and no uniform legal criteria of disability in jurisprudence, there is no overall view on the denial of legal capacity. The Luxembourg General Civil Code (Code Civile) recognises on a comprehensive level the legal capacity ('capacité de jouissance') for all citizens (Code Civile, livre Ier. - des personnes titre I. - de la jouissance et de la privation des droits civils, chapitre Ier. - de la jouissance des droits civils, Art. 7. & 8). The Luxembourg Penal Code uses the term 'irresponsibility' ('n'est pas pénalement responsable') and points out that a person is not responsible for his or her crime offence in the case of mental disability or insanity (Art. 71 Chapitre VIII. - Des causes de justification, d’irresponsabilité ou d’atténuation de la responsabilité et d'excuse. (08 août 2000). In Luxembourg lawful adult age is reached when turning 18. Regulations concerning legal capacity for adults ('le droit des incapables majeurs') is allocated in three sections (régimes de protection):
  • Guardianship: ('Tutelle') is the most restrictive procedure, involving the loss of important civil rights, like the right of voting;
  • Curatorship: ('Curatelle') is less restrictive as to the guardianship, consent of the curator is required in most activities, and
  • Legal protection: ('La mise sous sauvegarde de justice') where there are some kinds of rights of objection particularly for persons with intellectual and developmental disabilities (Code civil, titre XI. - De la majorité et des majeurs qui sont protégés par la loi (L. 11 août 1982) National Law Journal.
[update_date] => 2016-04-19 11:55:03 [links] => Array ( [0] => stdClass Object ( [title] => Register of Luxembourg Law Journal Code Civil [url] => http://www.legilux.public.lu/leg/textescoordonnes/codes/code_civil/CodeCivil_PageAccueil.pdf ) [1] => stdClass Object ( [title] => Luxembourg Law Journal Code Penal: [url] => http://www.legilux.public.lu/leg/textescoordonnes/codes/code_penal/ ) ) ) [15] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B3. Accessibility of voting and elections [theme_slug] => b3-accessibility-of-voting-and-elections [theme_id] => 15 [contents] => Luxembourg subjects all citizens aged from 18 to 75 to compulsory voting. Persons with disabilities are permitted to make use of a postal vote (Article 53 (1) 3 Constitution of the Grand Duchy of Luxembourg Article 6 -3° Election Law 2003). Accompanying assistants are allowed for persons with disability at the voting office and polling booth. Exclusions from voting (be elector or eligible) apply to persons sentenced to criminal punishment; persons sentenced for minor offenses depriving them of the right to vote; persons of full age under guardianship (Tutelle) (Article 53 [Non-Qualification]. No other exclusion clause may be foreseen. The right to vote may be restored to persons sentenced by penal courts by reprieve. The national action plan indicates the imperative to find solutions for persons under guardianship to participate in voting. [update_date] => 2016-04-19 12:14:03 [links] => Array ( [0] => stdClass Object ( [title] => Election Service Information of the Government [url] => http://www.info-handicap.lu/index.php/de-DE/dokumente/juristische-information-information-juridique/382-droit-de-vote-et-vote-par-correspondance-explications/file ) [1] => stdClass Object ( [title] => Accessibility of voting [url] => http://www.welcome.lu/index.php/fr/documents/brochures/16-accessibilite-des-bureaux-de-vote-2013/file ) [2] => stdClass Object ( [title] => National action plan [url] => http://www.mfi.public.lu/publications/Handicap/AktionsplanDE.pdf ) [3] => stdClass Object ( [title] => The Constitution of the Grand Duchy of Luxembourg [url] => http://www.legilux.public.lu/leg/textescoordonnes/recueils/Constitution/ ) ) ) [16] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B4. Official recognition of sign language [theme_slug] => b4-official-recognition-of-sign-language [theme_id] => 16 [contents] => On 23 May 2017, the Minister for Family and Integration, submitted the preliminary draft law no. 7142 to the Luxembourg Chamber of Deputies.
This Act is about the recognition of German sign language as a fully-fledged language in Luxembourg. With the coming into force of the law, hearing-impaired people are given the right of to use sign language in contact with authorities. Hearing impaired students are given the right to access sign language instruction and to learn sign language. In addition, parents and siblings of hearing-impaired children are given the right to attend free sign language courses. The law is expected to enter into force at the beginning of 2018. [update_date] => 2018-03-20 11:39:47 [links] => Array ( [0] => stdClass Object ( [title] => National Law Journal: the language act of 1984 [url] => http://www.legilux.public.lu/leg/a/archives/1984/0016/1984A01961.html ) [1] => stdClass Object ( [title] => Homepage of deaf people Luxembourg [url] => http://daaflux.net/category/start/ ) [2] => stdClass Object ( [title] => State Council (Conseil de gouvernance) Communiqué of 05 May 2017 [url] => http://www.gouvernement.lu/6949966/05-conseil-gouvernement ) [3] => stdClass Object ( [title] => Communiqué on sign language [url] => http://www.gouvernement.lu/7100309/Communique-_DE_.pdf ) [4] => stdClass Object ( [title] => Draft law on sign language German version [url] => http://www.gouvernement.lu/7100331/Projet-de-loi-_DE_.pdf ) [5] => stdClass Object ( [title] => Draft law on sign language French version [url] => http://www.gouvernement.lu/7100320/Projet-de-loi-_FR_.pdf ) ) ) [17] => stdClass Object ( [parent] => B. General legal framework [theme_title] => B5. National disability strategy and action plan [theme_slug] => b5-national-disability-strategy-and-action-plan [theme_id] => 17 [contents] => An important point on the way to the recent legal and administrative measures and arrangements for people with disabilities are guided by the Action Plan in Favour of Persons with Disabilities (Plan d’action en faveur des personnes handicapées) published in 1997. There are some legislative regulations concerning some aspects and circumstances of persons with disabilities: Act of accessibility 22 July 2008 (Loi du 22 juillet 2008 relative à l’accessibilité des lieux ouverts au public aux personnes handicapées accompagnées de chiens d’assistance). Act on the Supreme Counsel for persons with disabilities 25 January 2006 (Règlement Grand-Ducal du 25 janvier 2006 concernant l'organisation et le fonctionnement du Conseil Supérieur des personnes handicapées). Act on persons with disabilities 12 September 2003 (Loi modifiée du 12 septembre 2003 relative aux personnes handicapées). There is some brief information by the Ministry of Family and Integration pointing out some future essentials in disability policies: accessibility, awareness raising, self-determination, empowerment, being expert in your own case, inclusion, independent living, participation, etc. In 2006, regulations of the national Labour Act (Code du travail) related to the European Commission Equality Directive (43/2000/EC) stipulated that discrimination based on disabilities is forbidden by law ('Toute discrimination directe ou indirecte fondée sur…, le handicap, … est interdite') Code du travail, Titre V – Egalité de traitement en matière d’emploi et de travail, Chapitre Premier.- Principe de non-discrimination, Art. L. 251-1. (1), p.130). In 2007 the CRPD was signed and in 2011 ratified by the Luxembourg Government. The first national action plan was published in 2012. The action plan in 2012 clearly supports the idea of inclusion and points out its advantages over the concept of integration which does not provide significant changes in established structures or systems (National Action Plan 2012, p.1). The first state report (premier rapport périodique du Grand-Duché de Luxembourg) published in 2014 tackles 421 items on realized implementations and aspired goals in line with the CRPD in Luxembourg. This report claims that respecting the rights of persons with disabilities and ensuring the full enjoyment of all the human rights and fundamental freedoms without discrimination is not an option, it is not a favour, but a well-defined obligation which was enshrined in the CRPD. [update_date] => 2016-05-02 19:21:51 [links] => Array ( [0] => stdClass Object ( [title] => National Action Plan [url] => http://www.mfi.public.lu/publications/Handicap/PlanActionFR.pdf ) [1] => stdClass Object ( [title] => Fist national state report (premier rapport périodique du Grand-Duché de Luxembourg) [url] => http://www.mfi.public.lu/publications/ConventionONU/ConventionONU.PDF ) ) ) [19] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C1. Transport accessibility [theme_slug] => c1-transport-accessibility [theme_id] => 19 [contents] => There are particular laws and regulations on public transport for disabled pupils (service de transport des enfants de l'éducation différenciée) and persons with mobility impairments (Services occasionnels spécifiques de transports de personnes, adaptés aux personnes à mobilité réduite). The accessibility of public buildings is defined in the act on accessibility (loi du 29 mars 2001 portant sur l'accessibilité). Information about accessibility of all transport services in Luxembourg is available under the National Ministry of Sustainable Development and Infrastructures (Ministère du Développement durable et des Infrastructures) and a national information site on accessibility. There are many accessible and special services for travellers going by car (parking spaces for the disabled), bus and train, etc. Persons with a special certification (C) and an accompanying assistant do not need to pay for transportation. The main stations of the country and most of the busses are accessible. There are special offers for persons with disabilities e.g. NOVABUS (for wheelchair users), and a taxi bus for travelling in the Grand Duchy for people with reduced mobility. There is a countrywide special service of transportation for children with disabilities 'spezialisierter Transport - transport spécialisé'. [update_date] => 2016-04-19 12:44:16 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Sustainable Development and Infrastructures / Ministère du Développement durable et des Infrastructures [url] => http://www.mt.public.lu/ ) [1] => stdClass Object ( [title] => National information on accessibility [url] => http://www.guichet.public.lu/fr/entreprises/support/accessibilite/index.html ) [2] => stdClass Object ( [title] => National Service for Persons with Disabilities [url] => http://www.demyschandeler.lu/fr/demy/adapto.asp ) [3] => stdClass Object ( [title] => Transportation Novabus [url] => http://www.sales-lentz.lu/fr/individuel/adapto ) [4] => stdClass Object ( [title] => Guide on Transport and Mobility (Infohandicap) [url] => http://info-handicap.lu/index.php/fr-FR/documents/guide-du-handicap/516--135/file ) ) ) [20] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C2. Built environment accessibility [theme_slug] => c2-built-environment-accessibility [theme_id] => 20 [contents] => Accessibility of the built environment is covered by the national Accessibility Acts of 2001 and 2008 (Règlement Grand-Ducal sur l’accessibilité des lieux ouverts au public). The aim of this law is to guarantee access to all public buildings in Luxembourg. The stipulations of the Accessibility Acts are limited only to the construction of new buildings and substantial renovation of existing buildings so some problems with older buildings may persist as there are no laws concerning older buildings. The action plan to implementing the CRPD highlights the need to extent the accessibility act to all buildings. Technical standards on accessibility are defined in the national guidelines on accessibility (Guide des Normes). [update_date] => 2016-04-19 12:45:57 [links] => Array ( [0] => stdClass Object ( [title] => National Law Journal [url] => http://www.legilux.public.lu//leg/a/archives/2008/0040/a040.pdf#page=2 ) [1] => stdClass Object ( [title] => National Guidelines on accessibility (Guide des Normes) [url] => http://www.mfi.public.lu/publications/Handicap/GuidedesNormes_brochure_FR.pdf ) ) ) [21] => stdClass Object ( [parent] => C. Accessibility [theme_title] => C3. ICT and Web accessibility [theme_slug] => c3-ict-and-web-accessibility [theme_id] => 21 [contents] => The Accessibility Act (2001) does not mention the question of Web accessibility and there are no legal directives in communication technology laws. The 'e-Luxembourg' project launched by the Luxembourg Government concerns e-accessibility and the accessibility of official governmental or municipal websites based on WAI-criteria. RENOW (Référentiel de normalisation web des sites gouvernementaux luxembourgeois – Guidelines on the creation of web sites for the Luxembourg Government) assists the Luxembourg Government in web design for all. Luxembourg has signed the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled on 28 June 2013; ratification is still pending. [update_date] => 2016-04-19 12:49:08 [links] => Array ( [0] => stdClass Object ( [title] => E-accessibility assistance [url] => http://www.eluxembourg.public.lu/ ) [1] => stdClass Object ( [title] => RENOW (Guidelines on the creation of web sites for the Luxembourg Government) [url] => http://www.renow.public.lu/fr/index.html ) [2] => stdClass Object ( [title] => Marrakesh Treaty [url] => http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=843 ) ) ) [23] => stdClass Object ( [parent] => D. Independent living [theme_title] => D1. Choice of living arrangements [theme_slug] => d1-choice-of-living-arrangements [theme_id] => 23 [contents] => Luxembourg society has a long tradition of an institutional (religious) view of welfare and care, so there have still been nearly no recent clear statements in favour of independent living for persons with disabilities in legal documents, except for a short declaration of intent in the Action Plan in favour of Disabled Persons published by the former concerned Ministry (Plan d’action en faveur des personnes handicapées, 1997, p.15). Also there have not been powerful pressure groups in the past, and contact points or places to go hardly exist for independent living. Some big player Institutions (APEMH, Asbl Elisabeth, LIGUE HMC, and others) have started to broaden their structures with smaller and more autonomous units (eight to ten residens/ clients per unit generally). In addition for the most part institutions offer a home services or visits (services d'assistance à domicile). Even with national compulsory long term care insurance (assurance dépendance) and the basic income guarantee (RMG) for working persons with disabilities and basic income guarantee for persons with disabilities unable to work ('revenu pour personne gravement handicapée - RPGH'), independent living remains a minority phenomenon in Luxembourg. The self-advocacy group 'Nëmme Mat Eis' may play a crucial role here to advance independent living for persons with disabilities in Luxembourg. In the context of psychiatric disorder, the extramural service 'Liewen Dobaussen' offers community based living structures ranging from assisted small group-units to individual flats. In the case of psychiatric disorders or risk of neglect or child abuse, commitment to an institution may be imposed by court order together with a determination about the placement. In Luxembourg involuntary placement and forced admission to mural services is possible without the consent of persons with mental disorders under the condition that has to be present at the time of involuntary admission: a significant risk of self endangerment or to harm others and a confirmed mental health problem or in exceptional cases, the placement can take place in situations of ‘imminent danger. Otherwise there are no obligations for people with disabilities to live in a particular living arrangement. The national action plan (2012) to implement the CRPD demands for a more flexible system of care and help to enable more persons with disabilities independent living. [update_date] => 2016-04-19 13:20:57 [links] => Array ( [0] => stdClass Object ( [title] => National Service for Persons with Disabilities [url] => http://www.info-handicap.lu/index.php/de-DE/dokumente/test/537-top-thema-logement ) [1] => stdClass Object ( [title] => Self-help group Nëmme mat eis [url] => http://www.nemmemateis.lu/online/www/func/news/DEU/index.html ) [2] => stdClass Object ( [title] => Self-help group open psychiatry [url] => http://www.liewen-dobaussen.lu/de/leben-bei-liewen-dobaussen.html ) [3] => stdClass Object ( [title] => Annual reports of the national psychiatry [url] => http://www.chnp.lu/fr/corporate/documentation/rapport_annuel ) [4] => stdClass Object ( [title] => Annual reports of the national ministry of family and integration [url] => http://www.mfi.public.lu/publications/index.html ) ) ) [24] => stdClass Object ( [parent] => D. Independent living [theme_title] => D2. De-institutionalisation [theme_slug] => d2-de-institutionalisation [theme_id] => 24 [contents] => The 2005 report about Deinstitutionalisation and community living – outcomes and costs presented a synopsis of living conditions for persons with disabilities in Luxembourg. The report elaborated by Carole Warnier (Luxemburgish Ministry of Family and Integration - Ministère de la Famille et de l’Intégration, Luxembourg) and Hilde De Keyser (European Association of Service Providers for Persons with Disabilities - EASPD) analysed the frequencies and size of institutionalised units. Like in other counties of central Europe de-institutionalization was referred first to big psychiatry units Following the Haefner Rapport (1993) the national central psychiatric hospital started a de-institutionalisation process, which still continues to date. More recently the Rössler rapport summarises the evaluation of psychiatry reforms in Luxembourg. Persons with intellectual or developmental disabilities live now in smaller and community-based units. On the other hand there are still big institutions for persons with disabilities with a total of more than 100 clients/residents. Certainly spread in groups or units with about eight persons. Actual statistics about de-institutionalisation can be found in the yearly reports of the Ministry of Health, and the Ministry of Family Affairs. The first national state report confirms the ongoing process of decentralisation and de-institutionalisation in mental health services. According to the decentralisation programme on psychiatric hospitalisation in Luxembourg, persons with acute mental health disorders should first be hospitalised in the psychiatric service of a general hospital in the community. Only when the hospitalisation takes long time (more than four weeks), the person can be transferred to the central psychiatric hospital in Ettelbruck. In 2015, the act on psychotherapy (Loi du 14 juillet 2015 portant création de la profession de psychothérapeute) provides persons with mental health problems individual psychological care. [update_date] => 2016-04-19 13:33:15 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Health [url] => http://www.ms.public.lu/fr/ministere/sante-declaration-gouv-2013/index.html?highlight=psychiatrie ) [1] => stdClass Object ( [title] => Rössler study on Luxembourg Psychiatry [url] => http://www.sante.public.lu/fr/publications/r/rapport-rossler-psychiatrie-lux-planungsstudie-2005-bestandaufnahme/index.html ) [2] => stdClass Object ( [title] => The national central neuropsychiatric hospital (CHNP) [url] => http://www.chnp.lu/ ) [3] => stdClass Object ( [title] => Ministry of Family Affairs [url] => http://www.mfi.public.lu/publications/ ) ) ) [25] => stdClass Object ( [parent] => D. Independent living [theme_title] => D3. Quality of social services [theme_slug] => d3-quality-of-social-services [theme_id] => 25 [contents] => There are first attempts at standardisation and quality monitoring in social services. In the field of child care, a research project at the University of Luxembourg was launched by Ulla Peters elaborating a framework of ensuring quality for children in care and educational institutions. For youth, Sandra Biewers and Helmut Willems from Luxembourg University presented in 2007 a report about quality assurance and development in youth centres in Luxembourg (Die Entwicklung des Qualitätssicherungsprozesses in den Jugendhäusern in Luxemburg Evaluationsbericht 2007). In most institutions and organisations an internal quality circle or monitoring group is concerned with questions of maintaining or enhancing quality of services. The implementation of the quality standards is still work in progress and is based on institutional commitment. The national Ombudsman (la Médiateure du Grand-Duché de Luxembourg) provides an advisory service for persons and mediates if there is a conflict between citizens and public services. The National Higher Council for Persons with Disabilities (Conseil supérieur des Personnes Handicapées) assists and advises the Ministry of Familiy and Integration in all areas of disability services and disability policy. [update_date] => 2016-04-19 13:42:26 [links] => Array ( [0] => stdClass Object ( [title] => National Higher Council for Persons with Disabilities (Conseil supérieur des Personnes Handicapées) [url] => http://www.csph.lu ) [1] => stdClass Object ( [title] => Research Unit INSIDE University of Luxembourg [url] => http://wwwen.uni.lu/research/flshase/inside ) [2] => stdClass Object ( [title] => Quality for Children study [url] => http://wwwde.uni.lu/recherche/flshase/inside/research_institutes/health_and_behaviour/projects ) [3] => stdClass Object ( [title] => Report about quality assurance and development in youth centres in Luxembourg [url] => http://www.mfi.public.lu/publications/ ) ) ) [26] => stdClass Object ( [parent] => D. Independent living [theme_title] => D4. Provision of assistive devices at home [theme_slug] => d4-provision-of-assistive-devices-at-home [theme_id] => 26 [contents] => The introduction of a compulsory care insurance (dependency insurance) in 1998 ensures the financing of assistive equipment, adaptations, and home care for people with disabilities. The Dependency Insurance Act (Assurance-Dépendance) aims to assist dependent people with disabilities to perform activities of everyday life like hygiene, eating, and mobility. After examination and assessment, a certain number of hours of support is allocated in form of professional services, or cash benefit if the assistance is provided by a family member or other private person. The goal of the services financed by the dependency insurance is enabling people with disabilities to live or continue living in their own homes. Most of the equipment and technical supports financed by the insurance are provided by the service of supportive technologies for persons with disabilities (ADAPTH - Association pour le développement et la propagation des aides techniques pour personnes handicapées) founded in 1985 under the Umbrella of the Ministry of Health. There are particular benefits and financial support measures for blind and deaf persons. Physically handicapped persons can apply for allowances if they need reasonable accommodations at home. [update_date] => 2016-04-19 13:55:47 [links] => Array ( [0] => stdClass Object ( [title] => Act on care insurance / Loi du 19 juin 1998 portant introduction d’une assurance dépendance [url] => http://www.legilux.public.lu/leg/a/archives/1998/0048/a048.pdf#page=2 ) [1] => stdClass Object ( [title] => Service for handicap related hardware: [url] => http://www.adapth.lu/ ) ) ) [27] => stdClass Object ( [parent] => D. Independent living [theme_title] => D5. Availability of personal assistance schemes [theme_slug] => d5-availability-of-personal-assistance-schemes [theme_id] => 27 [contents] => Individual personal assistance is not very common in Luxembourg. The services financed by the dependency insurance are mostly delivered and organised by national and formal care providers. Personal assistance under the control and autonomy of the person with disability is provided traditionally by family members or other private persons. This private assistance fits within the dependency insurance scheme. A private budget approach to finance assistance for persons with disabilities does not exist with the exception of allowances for the blind and deaf persons. Some institutions offer individual assistance at work places like supported employment services. [update_date] => 2016-04-19 14:11:16 [links] => Array ( [0] => stdClass Object ( [title] => Dependency insurance/Assurance Dépendance [url] => http://eli.legilux.public.lu/eli/etat/leg/loi/1998/06/19/n1 ) [1] => stdClass Object ( [title] => National labour agency service for handicapped worker (Service de Travailleur Handicapé - STH): [url] => http://www.adem.public.lu/fr/demandeurs-demploi/handicap/index.html ) ) ) [28] => stdClass Object ( [parent] => D. Independent living [theme_title] => D6. Income maintenance [theme_slug] => d6-income-maintenance [theme_id] => 28 [contents] => The national act about employment of persons with disabilities (Loi relative aux personnes handicapées - service de travailleur handicapé) of 2003 defines who may be recognised as a 'disabled worker' ('salarié handicapé'). A person may ask for the guaranteed minimum wage (RMG-RPGH) for a disabled person if his or her disability is severe and the person did not get an employment to earn one’s living. The person has to be examined by the related medical service and assessed as having at least a partial incapability to work of about 30% resulting from physical, mental, sensorial, or psychic disability. The wages correspond to the general guaranteed minimum wage ('salaire social minimum' RMG). Financial benefits exist in the form of tax reductions and special family allowance (allocation spécial supplémentaire) Additional benefits concern supplementary paid leave days. Adults with disabilities considered as unemployable or incapable of working may receive additional disability benefits (revenu pour personnes gravement handicapées - RPGH).
In January 2017, the new bill on social inclusion income (REVIS) was adopted in the National Parliament (Chamber of Deputies). With this new act, the government wants to reorganise the guaranteed minimum income scheme (the former RMG and RMGH). The bill introducing the REVIS is designed to further strengthen the activation of entitled persons.
The four objectives of the REVIS are:
  1. to achieve a social inclusion approach;
  2. to establish a coherent system of stabilisation, social activation and occupational reintegration policies;
  3. to act against poverty among children and single-parent families; and
  4. to simplify administration.
[update_date] => 2018-03-20 11:44:41 [links] => Array ( [0] => stdClass Object ( [title] => Act on disabled workers (Loi du 12 septembre 2003 relative aux personnes handicapées) [url] => http://www.legilux.public.lu/rgl/2003/A/2938/1.pdf ) [1] => stdClass Object ( [title] => Draft law on income maintenance (REVIS) of 21 December 2016 [url] => http://www.gouvernement.lu/6585063/21-conseil-gouvernement ) ) ) [29] => stdClass Object ( [parent] => D. Independent living [theme_title] => D7. Additional costs [theme_slug] => d7-additional-costs [theme_id] => 29 [contents] => For families of persons with disabilities or individuals with disabilities some financial benefits exist in Luxembourg including children’s allowances, disabled adult's benefits, and tax reductions. Special family allowance (allocation spéciale supplémentaire) is given if a child has a disability of at least 50% compared to non-disabled children. The special allowance is linked to the general child allowance and about the same sum (Loi du 19.06.1985 - Mémorial A 1985, p. 679 and Loi du 12.09.2003 -Mémorial A 2003, p. 2938). The changes in family allowances decided for 2015 didn't apply for children with disabilities. The special family allowance (allocation spéciale supplémentaire) was not affected. There are particular benefits and financial support measures for blind and deaf persons. Physically handicapped persons can apply for allowances if they need reasonable accommodations at home or if there is a need for a special vehicle equipped for a disabled person. [update_date] => 2016-04-19 14:29:52 [links] => Array ( [0] => stdClass Object ( [title] => Dependency insurance/Assurance Dépendance [url] => http://www.legilux.public.lu/leg/a/archives/1998/0048/1998A07101.html ) [1] => stdClass Object ( [title] => Invalidity Pension [url] => http://www.mss.public.lu/pension/prest_invalid_incap/pension_invalidite/index.html ) [2] => stdClass Object ( [title] => Education allowance [url] => http://www.cnpf.lu/prestations-familiales/allocation-deducation/ ) ) ) [30] => stdClass Object ( [parent] => D. Independent living [theme_title] => D8. Retirement income [theme_slug] => d8-retirement-income [theme_id] => 30 [contents] => There are no special regulations for people with disabilities who are fully employed over their working life time. The administrative framework distinguishes between retirement by age or by invalidity. Retirement by age presupposes 480 months of mandatory pension insurance to be eligible for receiving a pension at the age of 57 or older, or being 65 years old and having paid (mandatory or voluntary) insurance for a minimum of 120 months. Invalidity pension is independent of these criteria, which means, it is also available for persons without prior employment. [update_date] => 2016-05-09 13:04:24 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Service Social [url] => http://www.mss.public.lu/pension/prest_invalid_incap/pension_invalidite/index.html ) [1] => stdClass Object ( [title] => Information about retirement and invalidity [url] => http://www.cnap.lu/ ) [2] => stdClass Object ( [title] => The National Act on social Security (2016) [url] => http://www.legilux.public.lu/leg/textescoordonnes/codes/code_securite_sociale/code_securite_sociale.pdf ) ) ) [32] => stdClass Object ( [parent] => E. Education [theme_title] => E1. Special schools [theme_slug] => e1-special-schools [theme_id] => 32 [contents] => In 1912 the first official schooling laws were announced by the government. The Compulsory Education Act gave the general right of education to every child, but children with intellectual and developmental disabilities were refused access and children with physical disabilities were excluded from school attendance. Only the convent foster care centre of Betzdorf offered some schooling for pupils with disabilities, starting 1904. In 1966, the first 'experimental classes' with pupils with special needs e.g. in Esch/Alzette took place. Others like the Centre on hearing and language disorders (Centre de Logopédie Luxembourg), followed sometimes without government authorisation or legislation. The Special Education Act of 1973 obliged children with disabilities to attend school and there emerged several special education institutions and special schools. Currently, there are 16 institutions and special schools all over the country. In 1994/95 the reformulation of the Special Education Act opened the gateway to integration by proposing three ways of schooling for children with disabilities: joining the Luxembourg special education system (éducation différenciée), going to an approved institution abroad or participating in mainstream schooling. The Luxembourg administration pointed out the right and responsibility of the parents to decide the type of schooling (special or mainstreaming education) they want for their children. From the early years of the new century the numbers in the special education system have decreased continuously.

In 2009, a new act on education set up a framework of cooperation of mainstream and special education schools. In 2013, the first special education school changed its name to regional inclusion centre (centre scolaire inclusifregional). The current education policy favours inclusive school enrolment, but it does not intend to abolish the special education system. There is no individual right to permanently mainstream schooling for disabled pupils, if they do not meet the defined educational standards. The reform of the act on primary education of 2017 states that a child with special or specific educational needs may satisfy the obligation to attend school by receiving a differentiated education (enseignement différencié) according to his or her needs identified by the school inclusion commission (la commission d'inclusion). The new act will provide the so-called 'competence centres' (centres de compétences) for students with special educational needs, building on existing structures (the special schools and institutions - l'éducation différenciée). In addition some new centres will be created:

  • the current Speech and Language Centre will evolve to the Centre for Language Development, Hearing and Communication Skills;
  • the current Institute for the Visually Impaired will evolve towards the Centre for the Development of Visual Competence;
  • the Institute for Cerebral Palsy will join the Centre for Motor and Global Development;
  • Differentiated Education Centres will be consolidated in the Centre for Intellectual Development; and
  • The Institute for Autistic and Psychotic Children will join the Centre for the Development of Children and Youth with Autism Spectrum Disorder.

Three new centres will emerge:
  • a Centre for the development of learning for students suffering from dyslexia, dyscalculia, dyspraxia;
  • a Centre for socio-emotional development for students with behavioural disorders; and
  • a Centre for the follow-up of children and young people who are intellectually precocious, for 'gifted' or high-potential students.

The Government highlights that the proposed restructuring is not limited to a mere name change, but represents a considerable change in paradigms and pedagogical approach. [update_date] => 2018-03-20 11:53:42 [links] => Array ( [0] => stdClass Object ( [title] => Special Education Luxembourg [url] => http://www.ediff.lu/ ) [1] => stdClass Object ( [title] => Annual reports of the Ministry of Education and Training [url] => http://www.men.public.lu/fr/actualites/publications/index.html ) [2] => stdClass Object ( [title] => Regional inclusive education centre Echternach (centre scolaire inclusif regional) [url] => http://www.ediff-echternach.lu/ediff-echternach/Welcome.html ) [3] => stdClass Object ( [title] => Primary education school act (loi l'école fondamentale) [url] => http://www.legilux.public.lu/leg/a/archives/2009/0020/2009A0200A.html ) [4] => stdClass Object ( [title] => Act on primary education (loi du 29 Juin modification de l'enseignement fondamental) [url] => http://legilux.public.lu/eli/etat/leg/loi/2017/06/29/a617/jo ) [5] => stdClass Object ( [title] => National Report on Education (Part 10. Schülerinnen und Schüler mit besonderem Förderungsbedarf) [url] => http://www.men.public.lu/catalogue-publications/themes-transversaux/statistiques-analyses/bildungsbericht/2015/band-2.pdf ) [6] => stdClass Object ( [title] => New structure of special education [url] => http://www.men.public.lu/fr/actualites/grands-dossiers/enseignement-fondamental/04-ecole-pour-tous/index.html ) ) ) [33] => stdClass Object ( [parent] => E. Education [theme_title] => E2. Mainstream schools [theme_slug] => e2-mainstream-schools [theme_id] => 33 [contents] => The Luxemburg school system starts with Elementary School (three to five years which is optional) and is compulsory at year four and five (Preschool education). The medium of instruction is Luxembourgish. At Primary Education (6-12 years) literacy is taught in German and French lessons during the second year in Primary Education. Transition from primary to secondary education (classical: year 12-18 or technical: year 12-17/19 depending on the branch) is guided by an orientation procedure. For children with special needs in mainstream schooling educational support teams were established in 1998. Participation for children with disabilities in mainstream education can be realised through two models: 1) the cohabitation model: (SEN classes integrated in the mainstream structure); or 2) in form of individual inclusion in ordinary classes – temporarily or over the whole period of schooling. In 2009 the service for children with special needs (SREA Service Rééducative Ambulatoire) was restructured and now entitled as multidisciplinary teams (équipes multi-professionnelles) to support children with disabilities at schooling period. In 2011, the legislative act about accommodations (Loi du 15 juillet 2011 l'accès aux qualifications scolaires et professionnelles des élèves à besoins éducatifs - aménagements, raisonnables) states that there should be evaluation and certification of pupils with disabilities in mainstream schools at secondary level (enseignement secondaire). The aim of this ordinance is to guarantee that pupils with physical or sensory handicaps get the qualification of secondary level (lycée classique and lycée technique). Institutional accessibility (public transport, buildings, classrooms, equipment and so on) has to be initiated or adapted. Educational tests or exams have to be modified to give disabled pupils a fair chance to pass: transcription in Braille (embossed printing) oral examination, additional breaks, extra time, and so on. The proposal prescribes that teachers in training should be given a better understanding of disability, along with a positive notion thereof, during their initial year of training. A new national commission (commission des aménagements raisonnables) will be created in the context of the Accommodation Act to decide on requests submitted by school directors. Members of the committee are representing the schools, teachers, specialised teachers, psychological services and the national Committee for Persons with Disabilities. It appears that the impact of this Accommodation Act will result in a growing number of Luxemburg pupils with disabilities being able to take up higher education. In 2007/08 new inclusive approaches and school-models emerged e.g. 'Eis Schoul' (L'école fondamentale de recherche, à journée continue, fondée sur la pédagogie inclusive). In 2013 the first special school was renamed as inclusive school ('centre scolaire inclusif régional') to emphasise a more close cooperation with the local mainstream schools. Education policy prefers inclusive school enrolment in general, but does not intend to abolish the special education system in total. There is no individual right on permanently mainstream schooling for disabled pupils, if they do not meet the defined educational standards. The national law prohibits discrimination against persons with disabilities including education and schooling (Luxembourg Human Rights Report 2013). [update_date] => 2016-04-19 15:21:45 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Education [url] => http://www.men.public.lu/ ) [1] => stdClass Object ( [title] => Accommodation Act [url] => http://www.legilux.public.lu/leg/a/archives/2011/0150/2011A2177A.html?highlight=am%C3%A9nagements%22raisonnables ) [2] => stdClass Object ( [title] => Inclusive school project (L'école fondamentale de recherche, à journée continue, fondée sur la pédagogie inclusive) [url] => http://www.myschool.lu/portal/server.pt?space=CommunityPage&cached=true&parentname=CommunityPage&control=SetCommunity&CommunityID=1938&PageID=0 ) ) ) [34] => stdClass Object ( [parent] => E. Education [theme_title] => E3. Sign language and Braille in school [theme_slug] => e3-sign-language-and-braille-in-school [theme_id] => 34 [contents] => The education of deaf children is complicated by the multilingualism in Luxembourg. Luxembourgish children speak Luxembourgish as their native language. In nurseries, play schools and kindergartens Luxembourgish is the common language. At primary school pupils start to read and write in German. From the second school year onwards, French and German are taught in parallel. Additional languages like English are taught in post primary education. Braille (Eight-dot Braille) is taught by the IDV (Institut pour Déficients Visuels – Institute for blind and vision disabled children) in Luxembourg. This institution was founded in 1975 to support children with visual impairment in mainstream schools and adults in vocational training. Deaf pupils are taught German as basic language. The consequence is that most deaf students use German as their main language and are hardly able to use French for communication, despite the fact that French is more widely spoken in the environment. In Luxembourg, the formerly prevailing oralist method of education has been abandoned in favour of using more sign language, however not with all deaf children, but mostly with deaf students who have learning difficulties. Deaf children, who do not have learning difficulties, continue to receive oral education. Moreover, some deaf and hard of hearing pupils are educated beyond the Centre de Logopédie, at mainstream schools. These pupils are usually not familiar with sign languages, particularly the German Sign Language (Deutsche Gebärden Sprache- DGS). Nowadays, there are some sign language courses (German Sign Language and Sign-supported German). Sign language can be learnt at Daaflux (Hearing Impaired, Luxembourg) and at the Speech Therapy Centre (Centre de Logopédie). According to the Accommodation Act (2011), educational tests or exams provided in mainstream schools have to be adapted and if necessary transcribed in Braille (embossed printing). With the coming into force of the new law on sign language (expected beginning 2018), hearing-impaired students are given the right to access sign language instruction and to learn sign language. In addition, parents and siblings of hearing-impaired children are given the right to acttend free sign language courses. [update_date] => 2018-03-20 12:00:14 [links] => Array ( [0] => stdClass Object ( [title] => Visually Impaired Luxembourg [url] => http://www.idv.lu/index.php/fr/homepage ) [1] => stdClass Object ( [title] => Hearing Impaired Luxembourg [url] => http://www.daaflux.lu/ ) [2] => stdClass Object ( [title] => Speech Therapy Centre [url] => http://www.logopedie.lu/ ) [3] => stdClass Object ( [title] => Information on hearing disorders [url] => http://www.hoergeschaedigt.lu ) [4] => stdClass Object ( [title] => Institute for visually impaired (courses) [url] => http://www.idv.lu/index.php/fr/cours ) [5] => stdClass Object ( [title] => Act on sign language in Luxembourg (French version) [url] => http://www.gouvernement.lu/7100320/Projet-de-loi-_FR_.pdf ) [6] => stdClass Object ( [title] => Act on sign language in Luxembourg (German version) [url] => http://www.gouvernement.lu/7100331/Projet-de-loi-_DE_.pdf ) ) ) [35] => stdClass Object ( [parent] => E. Education [theme_title] => E4. Vocational training [theme_slug] => e4-vocational-training [theme_id] => 35 [contents] => Vocational training and formation is integrated at technical secondary education level. In general it leads to the certificate of technical and vocational proficiency (certificat d'aptitude technique et professionnelle CATP). Vocational education provides apprenticeship at two levels. At the first level a vocational basis for education leads to the certificate of technical and vocational initiation (CITP- Certificat d’initiation technique et professionnelle). The second level offers the CCM (certificat de capacité manuelle) for slow learners or pupils with intellectual disabilities who have difficulties in learning theoretical subjects but who are capable of learning practical vocational skills and aptitudes. This opens the possibility for a professional career or to go on to the CATP. The specialised education service (Education Différenciée) also provides so-called 'preparing centres' (Centre de Propédeutique Professionnelle) where pupils with disabilities older than 15 years can profit from a range of vocational training. Most of the sheltered workshops and therapeutic ateliers offer vocational skills trainings and adapted formation for persons with disabilities. Despite of the legal mission, the enrollment in special centers (preparing centres and sheltered workshops) does not result in inclusion into the mainstream labour market. [update_date] => 2016-04-19 15:36:35 [links] => Array ( [0] => stdClass Object ( [title] => Vocational Training and Secondary Education [url] => http://www.legilux.public.lu/ ) [1] => stdClass Object ( [title] => Special Education [url] => http://www.ediff.lu/cgi-bin/olefa?com=0O0O0O2O1O0O0O0528403244O1442445O00 ) [2] => stdClass Object ( [title] => Propaedeutic Centres [url] => http://www.etat.lu/annuaire/index.php?idMin=5097v ) ) ) [36] => stdClass Object ( [parent] => E. Education [theme_title] => E5. Higher education [theme_slug] => e5-higher-education [theme_id] => 36 [contents] => The first and only national higher institution – the University of Luxembourg was founded in 2003. The mission statement of the University (2005) highlights the inclusion of students with special needs. For incoming students fully accessible apartments are offered by the student service (Service des Études et de la Vie Étudiante SEVE). The service for students with special needs is situated at campus Belval. Students with disabilities can benefit from individual reasonable accommodations. The Act about accommodations (Loi du 15 juillet 2011 pour l'accès aux qualifications scolaires et professionnelles des élèves à besoins éducatifs - aménagements, raisonnables) legally does not apply at the university level.
In 2017, the new act on Higher Education at Luxembourg University (projet de Loi ayant pour objet l’organisation de l’Université du Luxembourg, le 8.5.2017) was adopted.
The number of students with disabilities at Luxembourg University has risen continuously since 2005. In 2015 the new campus became operational. This campus was planned and designed under the national act on accessibility but there are some inconsistencies with universal design principles still to be resolved. The new Act on Higher Education at Luxembourg University prohibits all discrimination against persons with disabilities (Art. 44,7: 'toute discrimination directe ou indirecte fondée sur ... le handicap...'). Article 11 of Act on Higher Education at Luxembourg University requires the appointment of a person responsible for compensation for disadvantages and reasonable accommodations. The Act (Art. 39) refers to students with special educational needs ('usager à besoins éducatifs particuliers') and defines them as 'users with a particular disability or incapacity whose repercussions impede a normal progression in higher education or prevent them from asserting the knowledge and skills acquired in the assessment tests by impairments and limitations that can be overcome by the reasonable accommodation'. The new Act does not cover all higher education structures, but only the University of Luxembourg. The law is expected to enter into force at the beginning of 2018. [update_date] => 2018-03-20 12:06:55 [links] => Array ( [0] => stdClass Object ( [title] => University of Luxembourg (Loi du 12 août 2003) [url] => http://eli.legilux.public.lu/eli/etat/leg/loi/2003/08/12/n17 ) [1] => stdClass Object ( [title] => University of Luxembourg (overview) [url] => http://wwwfr.uni.lu/universite/documents_officiels ) [2] => stdClass Object ( [title] => University of Luxembourg (new campus) [url] => http://wwwfr.uni.lu/universite/belval_nous_voici ) [3] => stdClass Object ( [title] => Act on Higher Education at Luxembourg University [url] => http://leopold-loewenheim.uni.lu/wwwAPUL/documents/projet7132_1.pdf ) ) ) [38] => stdClass Object ( [parent] => F. Employment [theme_title] => F1. Non-discrimination in employment [theme_slug] => f1-non-discrimination-in-employment [theme_id] => 38 [contents] => Luxembourg commits to equal opportunity policy by applying the European Directives 2000/43/EC and 2000/78/EC. Therefore it is an offence to discriminate on the basis of disability when hiring a person. The national law prohibits discrimination against persons with disabilities this includes employment and labour market (Luxembourg Human Rights Report 2013). A quota system for persons with disabilities prescribes by law that the public sector has to fulfill an employment quota of about 5% and private companies with at least 25 workers must integrate at least one person with a disability. The quota rises to 2% for private companies with 50 employees and to 4% for companies with 300 or more employees (Code du travail Livre V Art. L. 562-3). If the quota is voluntarily not met, a charge (50% of the guaranteed basic income) can be imposed. Still to date the law has not been applied. [update_date] => 2016-04-19 15:46:44 [links] => Array ( [0] => stdClass Object ( [title] => National Law Journal [url] => http://www.legilux.public.lu/leg/textescoordonnes/codes/code_travail/Code_du_Travail.pdf ) ) ) [39] => stdClass Object ( [parent] => F. Employment [theme_title] => F2. Public employment services [theme_slug] => f2-public-employment-services [theme_id] => 39 [contents] => The ADEM (Agence pour le Développement de l'Emploi) is the only national employment service. For persons with disabilities there is a special section for counselling and support of persons with disabilities in the main labour market or in the secondary labour market and sheltered workshops. The prior term 'travailleur handicapé' (handicapped worker) was recently changed to 'salarié handicapé' (employee with disabilities). [update_date] => 2016-04-19 15:49:05 [links] => Array ( [0] => stdClass Object ( [title] => National Employment Office Service for working persons with disabilities [url] => http://www.adem.public.lu/fr/demandeurs-demploi/handicap/index.html ) [1] => stdClass Object ( [title] => National Employment Office: [url] => http://www.adem.public.lu/adem/index.html ) ) ) [40] => stdClass Object ( [parent] => F. Employment [theme_title] => F3. Workplace adaptations [theme_slug] => f3-workplace-adaptations [theme_id] => 40 [contents] => The national employment service (Agence pour le développement de l'emploi - ADEM) can meet all or part of the expenses of workplace adaptations, didactic measures like additional training or particular instruction and costs of transportation requested for hiring a person with disabilities. [update_date] => 2016-04-19 15:50:39 [links] => Array ( [0] => stdClass Object ( [title] => National Employment Office [url] => http://www.adem.public.lu/fr/index.html ) ) ) [41] => stdClass Object ( [parent] => F. Employment [theme_title] => F4. Financial incentives [theme_slug] => f4-financial-incentives [theme_id] => 41 [contents] => The employment of a person with disabilities can be facilitated by the national employment service (ADEM) by financial participation (40-100%) of the wage, including the employer’s contribution to social security systems. The employed person with disabilities can benefit from reduced or total exemption from social security contributions. Employees with disabilities have the right to an additional six days leave per annum. The Ministry of Labour counts the financial expenditure under the title Compensation costs for working persons with disabilities (Indemnité compensatoire travailleurs handicaps), which was about 1 569 955,79€ in 2014 (Rapport d'activité 2014, Ministy of Labour). [update_date] => 2016-04-19 15:53:59 [links] => Array ( [0] => stdClass Object ( [title] => Special Measures for Disabled Employees [url] => http://www.adem.public.lu/fr/demandeurs-demploi/handicap/index.html ) [1] => stdClass Object ( [title] => Ministry of Labour: Activity Report 2014: [url] => http://www.mte.public.lu/ministere/rapports-activite/rapport_act_2014.pdf ) ) ) [43] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G1. Official research [theme_slug] => g1-official-research [theme_id] => 43 [contents] => Official research activities in the domain of disability are rarely undertaken. At the university level, disability is not a research priority, and there is no tradition of disability research. A prominent research partner at the University of Luxembourg is the research group Processes and Systems of Social Regulation - Social Inclusion and Exclusion, integrated in the research unit INSIDE (Integrative Research Unit: Social and Individual Development in 2014 renamed in: institute for research and Innovation on Social Work, Social Pedagogy, Social Welfare - IRISS). Very few research deals with inclusion processes and disability questions in higher education. Some articles can be found in the ARC Journal. There are also some former and ongoing projects at institutional level in the field. The National Report on Education tackles the situation of pupils with disabilities in the national education system (Limbach-Reich & Powell 2015: Schülerinnen und Schüler mit besonderem Förderungsbedarf im luxemburgischen Bildungssystem). The Ministry of Labour and the National Employment Office (ADEM) publish annual data on the employment situation of disabled workers (Ministère du Travail. de l' Emploi et de l'Economie Sociale et Solidaire 2014: Rapport d'activité; L'Agence pour le Développement de l'Emploi 'ADEM' 2014: Rapport d'activité). The Ministry of Family Affairs collects data about the social situation and living conditions of persons with disabilities in Luxembourg (Ministère de la Famille, de l'Integration et à la Grande Région 2014: Rapport d'activité 2014). Other Ministries as well report data on disabilities and persons with disabilities in line with their area of responsibility. The National statistic office (STATEC) compiles data on education and employment of persons with disabilities and other demographic data in line with disabilities. In Luxembourg to date a special research unit on disability is not well established. [update_date] => 2016-04-19 15:59:37 [links] => Array ( [0] => stdClass Object ( [title] => Research Unit INSIDE University of Luxembourg, Institut IRISS [url] => http://wwwde.uni.lu/recherche/flshase/inside/research_institutes/social_work_social_pedagogy_social_welfare ) [1] => stdClass Object ( [title] => Archiv fir Sozial Aarbecht, Bildung an Erzeiung: [url] => http://orbilu.uni.lu/browse?type=journal&value=archiv+fir+sozial+aarbecht%2C+bildung+an+erz%C3%A9iung+anciennement+ance-bulletin ) ) ) [44] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G2. Census data [theme_slug] => g2-census-data [theme_id] => 44 [contents] => Every ten years a general population census is undertaken in Luxembourg by STATEC (Central Service for Statistics and Economic Studies, formed in 1962 under the authority of the Ministry of Economy and Foreign Trade). As the last census in Luxembourg took place on 15 February 2001, STATEC has organised the next one on 01 February 2011. There are no data about the general population with disabilities. In the collection of data disabled persons are not identified in any question. Some data can be found about children in special education institutions or about requests for disability or related national support services. The recent statistic portal includes a survey on pupils enrolled in special centres and institututes of special education in Luxembourg compiling data from 1998/1999 in Luxembourg. [update_date] => 2016-04-19 16:00:54 [links] => Array ( [0] => stdClass Object ( [title] => Statistic data bank STATEC Luxembourg [url] => http://www.statistiques.public.lu/stat/ReportFolders/ReportFolder.aspx?IF_Language=fra&MainTheme=3&FldrName=2 ) ) ) [45] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G3. Labour Force Survey [theme_slug] => g3-labour-force-survey [theme_id] => 45 [contents] => The Ministry of Labour publishes every year the data relating to registered job-seekers with disabilities. The national employment Service in 2014 amounts the incidence number of persons with disabilities at 426 persons. Disabled workers are identified by the enrolment at the National Employment Service (ADEM) and recognised as a disabled worker (salarié handicapé) by the Employment Service. Luxemburg participated in the European LSF Module 2002 Employment of Disabled Persons. [update_date] => 2016-04-19 16:04:01 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Labour [url] => http://www.mte.public.lu/ministere/rapports-activite/rapport_act_2014.pdf ) ) ) [46] => stdClass Object ( [parent] => G. Statistics and data collection [theme_title] => G4. Disability equality indicators [theme_slug] => g4-disability-equality-indicators [theme_id] => 46 [contents] => There are no official disability equality indicators based on public data sources. The Ministry of Education publishes annually the percentages of children with special needs in segregated schools in relation to the whole population of pupils (primary and secondary) the non-inclusion rate was under 1%. The Ministry of Labour reports annually the percentage of registered job seekers with disabilities in relation to all registered job seekers. [update_date] => 2016-04-19 16:06:19 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Education: Activity Report 2014 [url] => http://www.men.public.lu/catalogue-publications/systeme-educatif/rapport-activites-ministere/2014/fr.pdf ) [1] => stdClass Object ( [title] => Ministry of Labour Activity Report 2014: [url] => http://www.mte.public.lu/ministere/rapports-activite/rapport_act_2014.pdf ) ) ) [48] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H1. Awareness raising programs [theme_slug] => h1-awareness-raising-programs [theme_id] => 48 [contents] => The Ministry of Family and Integration started an awareness raising programme in March 2010 to inform the Luxemburgish society about the CRPD and its main targets. Additional awareness raising events took place the following years. An overview of awareness raising programmes provides the National Disability Information Centre (Infohandicap). Very popular are the local actions ('eng Gemeng fir Jiddereen', 'Am Rollstuhl duerch Lëtzebuerg'). [update_date] => 2016-04-19 16:10:43 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Family and Integration [url] => http://www.mfi.public.lu/publications/01_rapports-activite/rapp_act_2014.pdf ) [1] => stdClass Object ( [title] => Ministry of Family and Integration Awareness raising [url] => ) [2] => stdClass Object ( [title] => http://www.mfi.public.lu/actualites/2011/07/Behindert/index.html [url] => ) [3] => stdClass Object ( [title] => Infohandicap [url] => http://www.info-handicap.lu ) ) ) [49] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H2. Training for teachers [theme_slug] => h2-training-for-teachers [theme_id] => 49 [contents] => Starting in 2012 first compulsory and optional modules were introduced in Luxemburgish teacher training. There is no national higher education training for teachers in special needs institutions. The internship obligatory for teacher education includes special needs institutions. The Bachelor of Social Sciences and Educational Sciences offers modules in disability related topics and special education. [update_date] => 2016-04-19 16:13:27 [links] => Array ( [0] => stdClass Object ( [title] => University of Luxembourg Teacher Formation [url] => http://wwwfr.uni.lu/formations/flshase/bachelor_en_sciences_de_l_education_professionnel ) [1] => stdClass Object ( [title] => Bachelor in Social Sciences and Educational Sciences [url] => http://wwwen.uni.lu/studies/flshase/bachelor_en_sciences_sociales_et_educatives_professionnel ) ) ) [50] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H3. Training for lawyers [theme_slug] => h3-training-for-lawyers [theme_id] => 50 [contents] => Disability awareness or disability equality issues are not a compulsory part of training programmes for lawyers. In cooperation with the national disability Information centre (Infohandicap) first negotiations have been started to establish offers for lawyers on disability issues. To date disability awareness are not part of the obligatory programme of lawyers. [update_date] => 2016-04-19 16:15:00 [links] => Array ( [0] => stdClass Object ( [title] => Programme of the Bachelor of laws at Luxembourg University [url] => http://wwwfr.uni.lu/formations/fdef/bachelor_en_droit_academique/ ) ) ) [51] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H4. Training for doctors [theme_slug] => h4-training-for-doctors [theme_id] => 51 [contents] => Disability awareness or disability equality issues are not a compulsory part of training programmes for doctors. The Association of Parents with Children with disabilities offers information programmes for medical staff. Full medical training for doctors to date is not established at Luxembourg University. [update_date] => 2016-04-19 16:16:56 [links] => Array ( [0] => stdClass Object ( [title] => Bachelor en sciences de la vie - médecine (académique) at Luxembourg University [url] => http://wwwfr.uni.lu/formations/fstc/bachelor_en_sciences_de_la_vie_medecine_academique ) ) ) [52] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H5. Training for engineers [theme_slug] => h5-training-for-engineers [theme_id] => 52 [contents] => Disability awareness, equality issues, accessibility or universal design are not a compulsory part of training programmes for engineers at Luxembourg University. There are no offerings on the BA programmes in engineering an the University of Luxembourg but there is a programme in sustainable development that covers disability and equality issues. Infohandicap offers information events on Design for all for technical staff and engineers. [update_date] => 2016-04-19 16:22:03 [links] => Array ( [0] => stdClass Object ( [title] => Bachelor en ingénierie (professionnel) [url] => http://wwwfr.uni.lu/formations/fstc/bachelor_en_ingenierie_professionnel ) [1] => stdClass Object ( [title] => Sustainability group of Luxembourg University [url] => http://wwwen.uni.lu/sustainability ) [2] => stdClass Object ( [title] => Info Handicap (Bulletin) [url] => http://www.info-handicap.lu/index.php/fr-FR/documents/bulletin-de-liaison/679-buloct2014-1/file ) ) ) [53] => stdClass Object ( [parent] => H. Awareness and external action [theme_title] => H6. International development aid [theme_slug] => h6-international-development-aid [theme_id] => 53 [contents] => The strategies and topics of development aid of the Luxembourg Government do not explicitly highlight the domain of disability. However, on the level of specific cooperation areas there are programmes including persons with disabilities under the domain of health and health education (Santé). This is so in the fields of health, education, and vocational training (Ministry of Development / Ministère de la Coopération et de l'Action humanitaire). The Luxembourg Government cooperates with handicap international and other NGOs (e.g. Fondation Follereau). Luxembourg's development cooperation annual report (Lëtzebuerger Entwécklungszesummenaarbecht) 2014 didn't highlight any disability mainstreaming aspect. [update_date] => 2016-04-19 16:27:57 [links] => Array ( [0] => stdClass Object ( [title] => Ministry of Development [url] => http://cooperation.mae.lu/ ) [1] => stdClass Object ( [title] => Handicap international section Luxembourg [url] => http://www.handicap-international.lu/ ) [2] => stdClass Object ( [title] => Fondation Raoul Follereau [url] => http://www.ffl.lu/ ) ) ) ) ) ) )