|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
The Equal Treatment Act(2008) consists of the implementation of the EU directives 78 & 43 introduced in 2000. It covers granted access to education regardless of sexual orientation. “Sex change” is also included as a ground of discrimination and civil society organisations report that this covers discrimination on grounds of gender identity, when the person has undergone reassignment surgery, but it does not include any other trans or non-binary gender identities.
In September 2017, the Government introduced a draft law (n° 7167) proposing the integration of the concept of “gender identity” among the prohibited grounds of discrimination listed in article 454 of the Criminal Code, which will allow to better fight gender inequalities, especially due to gender stereotypes. The concept of “gender identity” as used here covers lesbian, gay, bisexual, transgender and intersex (LGBTI) people.
The government of Luxembourg is currently developing an action plan on LGBTQI issues, but it has not been published as of yet. The national action plan will include a chapter about inclusive education for all learners inspired by the Call for Action by Ministers – “Inclusive and equitable education for all learners in an environment free from discrimination and violence”.
The article 43 of the law of August 29th, 2017 concerning secondary education and organization of high schools and technical high schools, is about the disciplinary measure of dismissal and plans the different motives which can be recalled. The addition of the motive related to gender identity or orientation aims to protect children and young LGBTI people against any acts of violence, moral harassment and discrimination.
It is not compulsory for education curricula to include content on sexual orientation, gender identity and expression or variations in sex characteristics. However, the Minister for National Education has invited all the presidents of the national committees of programs of classical secondary education and of general secondary education to consider these topics as part of the education curricula of which they are in charge and to register them in school programs if suited.
There is currently no mandatory teacher training on LGBTQI awareness. However, local civil society and the IFEN (Institut de Formation de l’Education Nationale), offer various optional teacher and socio-educational staff trainings regarding this topic. Every teacher must collect a defined number of in-service training hours a year, and trainings linked up with the topic are considered as priority, to encourage participation.
There are no specific legal proceedings for gender recognition or change of name in public records and official documents. The courts have laid down restrictive conditions regarding gender recognition: individuals require a transsexualism diagnosis issued by medical experts which must relate to physical transformation by means of hormone treatments and surgical procedures and to the psychological aspect, the details of which must generally be drawn up by a psychiatrist.
However, the District Court of Luxembourg held in a judgment of 1st June 2016 that “in view of international developments encouraging states to abolish sterilization and the principles laid down in Article 8 of the European Convention on Human Rights, the court considers that the principle of the irreversibility of the transformation of the change of sex by a sex reassignment operation leading to sterilization cannot be maintained [and] that the irreversibility must therefore only relate to the transformation of the appearance of the person […]”.
Recently, the government approved a bill to regulate the procedure of legal sex change, Specifically, the objective of the draft law on the modification of the sex marker andof the first name(s) that appear on the civil status documents (n° 7146), submitted to the national Parliament by the Minister of Justice on 31stMay 2017, is to replace the judicial procedure currently applicable by a quick and easily accessible administrative procedure in the interest of the persons concerned. The sex change on the birth certificate and subsequently on other documents such as the identity card will be based on the self-determination of the person concerned, without requiring medical certificates in support of the application. It proposes to prohibit sterilization, surgery or any medical treatment as a prerequisite for changing the sex marker and first name(s). Thus, the objective of the draft law is to converge to the greatest extent with the Council of Europe resolution 2048 (2015) on the basis of «depathologisation». There is no age limit to submit the application. For children under 5 years, a judicial procedure is provided.
In 2018, an explorative study, assigned by the Ministry of National Education, of childhood and of youth, and carried out by the University of Luxembourg, which examines closely the life situations and experiences of LGBT youngsters in Luxembourg, will be presented. It investigates the fields of tension with which youngsters are confronted on behalf of their sexual orientation or their gender identity in the actual Luxembourgish society. This study allows the government to understand the difficult situations of LGBT youngsters and to foster measures reinforcing the actual resources, networks and potentials contributing to their general well-being.
CIGALE, a national NGO funded by the government, supports LGBTQI learners by school-based activities and by individual counselling and regular meetings of a youth group outside of school. Another system funded by the government offers a confidential free listening line for young people (Kanner-Jugendtelefon), their parents (Elterentelefon) and support in cybermobbing situations (BEE SECURE helpline).
CePAS* offers various group activities to encourage exchange amongst young people and to develop various social competences. A particular activity addresses to children and young people who do not feel “girl” nor “boy” and refuse the allocation of gender which was conferred to them at birth, as well as for the parents and trans‘ children. The group offers a protected space, advantageous for exchanges about personal experience and for mutual support. It is supervised by Intersex and Transgender Luxembourg a.s.b.l. and takes place monthly in the premises of CePAS.
*Psycho-social and support center in school tied to the Ministry of National education, of Childhood and of Youth
The local ECPAT NGO has developed guidelines including specify procedures to be followed by professionals of childhood and of youth as well as by all other professionals who are in contact with children or teenagers, to be able to react when a child reveals them that he has been mistreated or when they detect signs of mistreatment. This includes violence regarding sexual orientation, gender identity and expression, and variations in sex characteristics. The government has funded these guidelines.
The government provides support to local LGBTQI civil society organisations working in the area of education.
– Luxembourg has signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Luxembourg is member of the European Governmental LGBTI Focal Points Network.
Awareness training for the educational staff at a day care centre
General training providing basic knowledge on SOGI & SC topics such as raising awareness and a better understanding on why and how to address these topics in daily work with children in a day care centre.
SOGI awareness training for a small group of children aged 8-12 in a day care centre
Naming/explaining and answering questions about LGBT keywords.