Overall assessment

• Author: Nicole Kerschen
• Pages: 62-62

62

12Overall assessment

Luxembourg implemented the gender equality directives and Treaty provisions and its

legislation is consistent with European law. Recent reforms have also improved the work-

life balance of working parents.

The following transposition problems were mentioned in this report:

1.Prohibition of dismissal in case of pregnancy (Section 5.2.8).

The scope of the prohibition of dismissal in case of pregnancy set out in Article L.

337-1(1) LC did not include the traineeship contract (contrat d’initiation à l’emploi),

which is an active employment policy measure offering jobseekers theoretical and

practical training in companies. The Constitutional Court by decision of 14 December

2018, declared this Article inconsistent with Article 10a of the Constitution.

2.Prohibition of dismissal in case of paternity leave (Section 5.6.2).

Contrary to what is provided in Article 12 of Directive 2019/1158, the Luxembourg

legislation does not protect the beneficiaries of paternity leave from dismissal.

3.Social protection for spouses or life-partners, who participate in the activities of self-

employed workers (Section 8.1.4).

According to Article 7 of Directive 2010/41/EU, spouses and life-partners, who

habitually participate in the activities of self-employed workers can benefit in

Luxembourg from social protection. However, there is adifference of treatment

between spouses and life-partners, on the one hand, and employees, on the other

hand, regarding the ceiling of the contributions and, as a consequence, the pension

rights. The applicable legislation also provides for opt-outs.

4.Standards of equality bodies (Section 11.7).

Luxembourg has no transposition problems in respect of equality bodies. However,

by implementing the EC Recommendation of 22 June 2018 on standards of equality

bodies [C(2018) 3850 final], it could improve the competencies of the CET, especially

regarding assistance to victims, and its independence and effectiveness.

There seems to continue to be a gap between the laws and their implementation.

Successive Governments have tried, through multi-annual action plans on equality

between women and men, to bridge the gap. Positive action is one of the main instruments

used by the Ministry for Gender Equality, but it remains of a voluntary nature.

Nevertheless, implementation of the principle of equal treatment between women and men

remains a ‘black box’. On the one hand, there are no comprehensive studies, for example,

on employers’ compliance with the principle of equal treatment.Gender equality has not

yet been considered as a priority in the field of public research. On the other hand, there

is a current lack of case law. The reasons for this lack have not yet been studied. The

Centre for Equal Treatment (CET) seems to imply that it is partly due to a lack of lawyers

specialised in anti-discrimination matters.

2019 was an intermediate year. The adoption of a priority objective of ‘equality between

women and men’ by the second ‘Gambia’ coalition Government after the general elections

of October 2018 was marked by the change of the name of the ministry and the arrival of

a new minister. It coincided with the preparation of the fourth Gender Equality Plan (for

2019-2022). The consultations with stakeholders and the general public, organised by

MEGA throughout the year, revived important issues, which had faded into the

background. Thus, 2019 may also be perceived as a fresh start for the promotion of

equality between women and men.