Overall assessment

AuthorNicole Kerschen
Pages62-62
62
12 Overall 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 (contr at d’initiation à l’emploi),
which is an acti ve 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 Di rective 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 s ocial protection. However, there is a difference of treatment
between spouses and life-partners, on the one hand, and employe es, on the other
hand, regarding the ceiling of the c ontributions 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 n o 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-an nual 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 pri ority 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 du e to a lack of lawyers
specialised in anti-discrimination matters.
2019 was an intermediate year. The ad option 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 min ister. It coincided with the prepar ation of the fourth Gender Equality Plan (for
2019-2022). The consultations with stakeholders and the general public, organ ised 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.

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