Right to participation

Since 1 July 2023, the Constitution has firmly established the principle of participation of children and young people in the decision-making process when the decisions affect them: “In all decisions concerning children, the interest of the child is a primary consideration. Every child is free to express their views on any matter that affects them. Their views shall be taken into account, in accordance with their age and their capability of forming their own views.”

As promoting the participation of children and young people lies at the heart of Luxembourg policy, participation is one of the main objectives of the national action plan for children’s rights („ Zesumme fir d’Rechter vum Kand”), adopted for 2022 to 2026.

What is participation?

Participation is the process by which children are heard in decisions that affect them, whether that be in the home, within their community, at school or regarding personal legal or administrative issues. It is a right guaranteed by the International Convention on the Rights of the Child. Children and young people must be heard, but they do not make the decision. It is with this in mind that the decision-maker must inform the children and young people of the outcome of the process and explain to them how their opinion was taken into account.

In summary, participation is a step-by-step process that leads to change:

  1. preparing and planning;
  2. connecting with the children;
  3. identifying the problems and priorities;
  4. investigating the opinions of the children;
  5. taking action;
  6. following-up;
  7. renewing, reflecting and starting again.

Why participation?

The opinions expressed by children and young people can provide new perspectives and shed insight on their experiences. Bringing their voices to the decision-making table strengthens the quality of the change being sought. When decisions are informed by the perspectives and needs of children and young people, they are more likely to be relevant, effective, sustainable and accepted by them. Participation is a right that also prepares them for a future as active and democratic citizens.

Participation is moreover a tool for obtaining justice and reporting abuses of power. It is therefore a procedural right that allows children and young people to oppose violations of their rights, to take action to promote and protect them, and to help ensure that their best interests are respected.

How is participation regulated in Luxembourg?

Individual participation

For a large number of decisions that influence a child or young person’s life situation or educational path, the law defines the terms of participation:

  • helping a child in distress;
  • adopting inclusive educational measures;
  • medical consultation for health care;
  • custody rights in cases of parental divorce.

Collective participation

The government is aware that youth policy is only possible in cooperation with young people themselves. For this reason, discussions with young people and their active participation are encouraged by a number of tools at various levels.

At a national level, the two main structures are the Conseil supérieur de la jeunesse (Higher Council for Youth) and the Parlement des jeunes (Youth Parliament) which are both provided for in the Youth policy law. The Parlement des jeunes (PJ) is a platform allowing young people aged between 14 and 24 living in Luxembourg to discuss and debate together topics that are of interest to them and that impact their daily lives. Thematic committees prepare opinions that are presented on an annual basis to the Chamber of Deputies.

At a school level, the tools promoting youth participation are the student councils and the Conférence nationale des élèves du Luxembourg (CNEL, National Students’ Conference in Luxembourg). The CNEL is the national representation platform for pupils; it can submit opinions and proposals to the Minister of Education, Children and Youth on all issues relating to the life of pupils and their work in secondary education. However, it has no equivalent in primary education.

Outlook

At a municipal level, it is the objective of the municipal plans for youth to increase participation of young people. Youth centres play an important local role as they are very close to young people and can support their participation at a municipal level.

Regular discussions also take place within the framework of the Structured Dialogue. The Structured Dialogue is an instrument promoting participation of young people in European and Luxembourg politics. It was implemented in Luxembourg in 2013 with the aim of enabling young people to express their opinion on political decisions that affect them and to allow Luxembourg political actors to acknowledge this opinion.

What additional forms of democratic and collective participation are available other than those provided for by law?

For children under the age of 12

municipalities:
Primary education:
non-formal education:

For young people aged 12 and older

municipalities:
At a national level – umbrella organisation of the youth organisations in Luxembourg:
Young defenders of their rights:
At a European level:

 

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