At What Age?...
...are school-children employed, married and taken to court?
Luxembourg
Source: CRC/C/41/Add. 2 Date: 11 April 1997
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School-leaving age

93. The Schools Act of 12 August 1912 introduced compulsory schooling, requiring nine consecutive years' compulsory attendance from the start of primary education. For most children compulsory schooling ends at the age of 15.

Minimum age of employment

95. It is forbidden to employ children under 15 years of age in work of any nature, except:

(a) Work in technical or vocational schools, provided that it is of an essentially educational nature, that its purpose is not commercial gain, that it is approved and controlled by the competent public authorities, and that the work is not harmful, prejudicial or hazardous for the child;

(b) Assistance rendered in the household by children who are members of the family, provided that the work is not harmful, prejudicial or hazardous for the child. Legitimate and legitimized children, adopted children, and children the beneficiary of whose services assumes lasting responsibility for them are considered members of the family;

(c) Participation by children in public events for artistic, scientific or educational purposes. On a request by the organizers of the event accompanied by a written authorization from the child's father, mother and guardian, an individual authorization may be issued by the Minister of National Education following an opinion of the Director of the Inspectorate of Labour and Mines. The event must not be detrimental to the children's health and morals or harmful to their education. The children must be at least six years old. The events may not take place after 11 p.m.

96. It is forbidden to employ young people under the age of 18 in work that:

(a) is not commensurate with the young person's degree of development;

(b) calls for disproportionate effort on the part of the young person;

(c) risks harming the young person's physical or mental health, whether by virtue of the products to be handled, of the type of work to be done, or of the ambient conditions in the place of work.

Minimum age for marriage

98. Males under 18 years of age and females under 16 years of age are not permitted to enter into a marriage contract. In no circumstances may a minor marry without the consent of the parents or legal representative. In the event of a refusal by the legal representative(s), the circuit court may, at the request of the State Procurator, authorize the marriage if he considers the refusal unjustifiable.

Minimum age for criminal responsibility

717. It must be pointed out first of all that for the moment Luxembourg's legislation contains no provisions consistent with article 40, paragraph 3 (b), of the Convention for dealing with children suspected or convicted of infringing the criminal law without recourse to judicial proceedings.

718. On the other hand, article 2 of the Protection of Young People Act of 10 August 1992 states that "a minor aged under 18 years at the time of the facts who is alleged to have committed a violation of the criminal law shall not be brought before a criminal court but before a juvenile court, which shall order with respect to the minor one of the measures of custody, protection or education specified in article 1". However, according to article 32 of this Act, "if the minor was aged at least 16 years at the time when he committed the offence, the Public Prosecutor's Office, if it considers a measure of custody, protection or education to be insufficient, request authorization from the juvenile court judge to follow the normal procedures in the ordinary courts. The juvenile court judge shall rule on the request by making an order, giving an explanation of his reasons but without ruling on the facts. The decision granting or denying such authorization shall be notified to the minor, his parents, guardian or other persons having custody of the minor...". An appeal against the decision may be submitted to the juvenile appeals court by the Public Prosecutor's Office, the minor, his parents, guardian or other persons having custody of him. The time limit for such appeals is 10 days (art. 34). A juvenile court may also decline to hear the case of a minor aged under 16 years which has been brought before it and remit the case to the Public Prosecutor's Office so that proceedings may be taken against the minor in accordance with the normal procedures in the ordinary courts, if the juvenile court considers the measures available to it to be insufficient (art. 32).