In the Grand Duchy of Luxembourg, the legal system faces a complex challenge when dealing with minors who have committed offenses and require some form of deprivation of liberty. According to Luxembourgish law, such measures should only be used as a last resort. However, when necessary, the system must provide an appropriate structure to implement them. Article 26 of the amended law of August 10, 1992, on the protection of youth, allows for the temporary placement of a minor in a detention center, but only under strict conditions. This can happen if there is an "absolute necessity" or if other measures outlined in Article 24 cannot be implemented. The law also mandates that minors be kept separate from adult detainees and placed under a special regime set by the penitentiary administration. These provisions highlight the distinction between the principle of placing a minor in a detention center and the exceptional circumstances under which it can occur.
Luxembourg has two main penitentiary centers: the Luxembourg Penitentiary Center (CPL) and the Uerschterhaff Penitentiary Center (CPU). The CPL is a closed facility where detainees can work, train, receive visits, and access social support. The CPU, on the other hand, is a closed facility intended for male suspects and has a maximum capacity of 400 beds. Neither of these facilities is designed to be the standard response to juvenile delinquency. To address this, a specialized structure was created: the Juvenile Security Unit, known as the UniSec. Established on November 1, 2017, the UniSec is a closed facility specifically designed for minors. It is part of the State Socio-Educational Center (CSEE), which was reorganized by the law of August 29, 2017. Unlike traditional penitentiary facilities, the UniSec emphasizes a psychopedagogical approach aimed at promoting reintegration and personal responsibility. Each minor receives an individualized care plan, and a multidisciplinary team of security personnel, psychopedagogical professionals, and social workers is involved in their supervision.
Despite its focus on reintegration, the UniSec has a significant limitation: it has only twelve places. This small capacity becomes a critical issue when multiple minors require secure placement simultaneously. In such cases, the system must rely on the CSEE, a state socio-educational structure that offers a range of care options, including open living groups, educational support, and preparation for independent life. Unlike the UniSec, the CSEE does not function as a closed facility, meaning it cannot physically prevent a minor from leaving. This distinction is important because it reflects different approaches to juvenile care: the CSEE focuses on accompaniment and education, while the UniSec emphasizes security and constraint. However, the CSEE's open nature can create challenges when a minor's situation requires a more controlled environment.
A proposed bill, currently under review by the Justice Committee of the Chamber of Deputies, seeks to introduce a specific penal law and procedure for minors in Luxembourg. The reform aims to move away from the existing system based on the 1992 law and instead prioritize alternative measures to deprivation of liberty. It also seeks to separate the treatment of minors in conflict with the law from those needing assistance and protection. While this reform aligns with international standards, such as the International Convention on the Rights of the Child, it raises practical concerns. UNICEF Luxembourg has emphasized the need for more non-deprivative measures and better resources to ensure that any deprivation of liberty remains a last resort. The challenge remains not only in making the placement legally valid but also in ensuring it is effective, particularly when the designated facility lacks the capacity to provide the necessary level of security and care.
Luxembourg's Juvenile Justice System and the Challenges of Secure Placement for Minors
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