Study on children's involvement in judicial proceedings : contextual overview for the criminal justice phase : Luxembourg

Children involved in criminal proceedings in Luxembourg benefit from specific rules that ensure appropriate protection and treatment. Support for child victims of crimes is easily available through helplines or websites which have been put into place by authorities and NGOs. However, it has been noted that this support is rarely used by children as one of the numbers dedicated to the support of children is no longer advertised. In addition, child victims or witnesses in criminal proceedings benefit from few measures on the ground. No practical measures have been taken to ensure a friendly environment for children, such as the existence of a special room in the Juvenile and Guardianship Court where children can wait before being heard, or measures to keep children away from meeting the accused, for example in corridors. No leaflet or brochure has been made by the national authorities that is adapted to children. As a result, a child witness in criminal proceedings does not benefit from specific legal provisions ensuring that he/she is informed of his/her rights. In general, there are few provisions on the protection of witnesses in Luxembourg and the majority of existing provisions are not adapted to children and their specific vulnerabilities. The age of criminal liability set at 18 years old guarantees that children can benefit from the specialised youth protection system. However some exceptions exist for children above 16 years old who commit crimes. In this particular situation, children are particularly vulnerable as they can be transferred to a criminal court and be judged according to rules applicable to adults. Even if training is available for those professionals who deal with children in judicial proceedings, children often have their first contact with police officers who do not receive such training and who do not always know how to ensure a child-friendly environment. As a result, the Luxembourgish authorities are planning to train one or two police officers in each police station to ensure that child victims and victims in general receive adequate support when they first arrive in any Luxembourgish police station.