Juvenile Laws at Luxembourg
Luxembourg has undertaken significant reforms in its juvenile justice system, emphasizing rehabilitation, prevention, and the protection of minors' rights. Here's an overview of the current framework:
⚖️ Legal Framework
Age of Criminal Responsibility: In Luxembourg, individuals under the age of 14 are not subject to criminal prosecution. However, those aged 14 to 17 can be prosecuted, with the possibility of being considered as minors up to the age of 21, depending on their mental and emotional maturity.
Youth Criminal Law: In March 2022, Luxembourg introduced a dedicated juvenile criminal law, separating it from general youth protection legislation. This reform aligns with the country's commitment to the United Nations Convention on the Rights of the Child. The law prioritizes educational and rehabilitative measures over punitive ones, with detention being a last resort.
Youth Protection Law: The Youth Protection Act of 1992 applies to minors under 18 and addresses cases where a child's physical or moral development is at risk. It allows for various protective measures, including supervision and intervention by social services.
🏛 Juvenile Court Procedures
Specialized Juvenile Courts:Luxembourg has established specialized juvenile courts to handle cases involving minorsThese courts focus on rehabilitation and may impose measures such as community service or educational programsPrison sentences for minors are reduced compared to adults, with a maximum sentence of 10 years
Procedural Safeguards:Minors are guaranteed legal representation during criminal proceedings, They also have the right to be heard and to participate in decisions affecting them, in accordance with their age and maturity
🏢 Juvenile Detention Facilities
Unisec Youth Detention Centre The Unisec Centre in Dreiborn is Luxembourg's primary facility for juvenile offender. Plans are underway to expand its capacity from 12 to 24 place. The facility aims to provide a rehabilitative environment, focusing on education and reintegration into society.
Separation from Adult Offenders Minors are not incarcerated in adult prison. There have been instances where minors were temporarily placed in adult facilities due to limited space in juvenile detention centres, but such cases are being addressed through legislative reform.
🛡 Rights and Safeguards
**National Ombudsman for Children and Youth (OKaJu)*: Established in 2020, OKaJu is an independent institution dedicated to promoting and safeguarding the rights of children and youth in Luxemboug. It provides support to minors whose rights have been violated and ensures that their best interests are considered in all decisions affecting them.
*National Action Plan for Children's Rights: Luxembourg has adopted a national action plan outlining 64 actions to protect the rights of children and adolescene, The plan includes measures to enhance participation, protection, and prevention, aligning with international standards and recommendations from the UN Committee on the Rights of the Child.
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Luxembourg's juvenile justice reforms reflect a commitment to a child-centric approach, focusing on rehabilitation, prevention, and the protection of minors' righs. These efforts aim to create a supportive environment for young individuals, promoting their reintegration into society and reducing recidivim.
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