Implementation of central concepts

• Author: Nicole Kerschen
• Pages: 11-20

11

3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limit s of central concepts of gender

equality law

No specific survey on the definition, implementation and limits of central concepts of

gender equality law has been published in Luxembourg.

In 2011, in his book ‘Discrimination au travail’ (Discrimination at work), Jean-Luc Putz

stated that there were only limited resources regarding discrimination in Luxembourg: one

major publication by François Moïse; legislation; parliamentary documents and case law.37

He noticed that the number of cases which had been submitted to the courts was also very

limited. Eight years later, the situation remains unchanged.

In the introduction of his book, Jean-Luc Putz presented the concepts of equality and non-

discrimination and their differences.

3.1.2 Other issues

There are no other issues to be reported.

3.1.3 General overview of national acts

National acts are highlighted throughout the different sections.

3.1.4 Political and societal debate and pending legislative proposals

Since 2006, three inter-ministerial plans for equality between women and men were

launched to ensure the effectiveness of rights: the first one from 2006 to 2008, the second

one from 2009 to 201438 and the third one from 2015 to 2018.39

External experts accompanied the implementation of these equality plans. The expert,

who assessed the first gender equality plan in 2009 issued a very positive report,

welcoming the creation of the Inter-ministerial Committee on Gender E quality within the

Ministry for Equal Opportun ities, the creation of strong ties with the United Nations, the

EU and the Council of Europe regarding gender equality and the fact that 81 % of the 97

measures of the equality plan had already been realised or were in progress. His

conclusions and recommendations were used during the preparation of the second gender

equality plan together with the political commitments Luxembourg ma de at the national

level, espe cially in th e governmental pr ogramme of July 2009, and at the international

level, within the United Nations, the EU and the Council of Europe .40

Professor Robert Plasman of the Free University of Brussels accompanied, as an external

expert, the implem entation process of the secon d national action plan on equal ity 2009-

2014. He made recommendati ons on governance. In particular, he recommended

improving the cooperation of MEGA with the other ministries, to create a consensus on

37 Putz, J-L. (2010) Discrimination Au Travail (Promoculture: Luxembourg).

38 There is some information regarding the first and the second action plans for equality between women and

men on the following website: http://mega.public.lu/fr/societe/politique-niveau-national/action-national-

femmes-hommes/index.html.

39 The third action plan for equality between women and men from 2015 to 2018 is available on the website

of MEGA in an English version: http://mega.public.lu/fr/publications/publications-ministere/2015/pan-

egalite-2015/06385_Broch_Plan_Egalite_Femmes_Hommes_2015-2018_Eng_06-2015-Web.pdf.

40 There is some information regarding the first and the second action plans for equality between women and

men on the following website: http://mega.public.lu/fr/societe/politique-niveau-national/action-national-

femmes-hommes/index.html.