Upholding Children’s Rights in Luxembourg’s Family Courts

Introduction

Within the tranquil borders of Luxembourg, a distressing reality persists in the realm of family courts, with far-reaching consequences for both parents and their children. A prevailing bias against fathers in custody battles has not only undermined the principles of equality but has also led to the violation of children’s rights. This troubling trend, evident in countries all over the world, demands our attention and collective action to rectify the systemic discrimination and safeguard the well-being of children.

A Balance in Peril

Delving into the heart of the matter, a comprehensive examination of court verdicts in Luxembourg uncovers a disconcerting pattern. Shockingly, in 71,42% of these cases, custody of the children was almost automatically granted to the mother, sidelining the fathers’ rights and creating an environment where children’s well-being is compromised. This persistent bias not only violates the constitutional principle of gender equality but also infringes upon the fundamental rights of children to maintain meaningful relationships with both parents.

The Struggle for Equal Parenting

Amidst this unequal landscape, fathers find themselves grappling with limited access to their children, often reduced to a mere few hours of visitation every two weeks. Heart-wrenching accounts from fathers who have been deprived of seeing their children for months, years, or even longer underscore the gravity of the situation. Such a state of affairs not only perpetuates discrimination but also violates the rights of children to maintain meaningful and loving relationships with both parents, as enshrined in international conventions and the spirit of Luxembourg’s commitment to human rights.

Collusion and Corruption

To fully comprehend the magnitude of these concerns, one must delve into the intricate dynamics of Luxembourg’s legal landscape. Its small size and closely interconnected network of legal professionals create an environment conducive to collusion and potential corruption. Reports of alleged “deals” or “cooperations” between attorneys, judges, and children’s attorneys cast a shadow of doubt on the fairness and impartiality of the decision-making process. In a small nation where “everyone knows everyone,” there are only 16 judges in the Luxembourgish Family Court, the risk of compromised judgments and systemic improprieties looms large, undermining the principles of justice and the rights of children.

Erosion of Justice for Children

While discrimination against fathers remains a central issue, it is crucial to recognize the far-reaching impact on children’s lives. Conversations with numerous affected fathers reveal a disturbing pattern: the appointment of children’s attorneys who consistently dismiss or disregard evidence presented by fathers, while readily accepting unverified claims made by mothers. This biased approach perpetuates a narrative that portrays fathers as “aggressive,” “liars,” or “excessively involved” parents, resulting in the denial of joint custody and, at times, even the complete withdrawal of visitation rights. As a consequence, children are unjustly denied the right to maintain meaningful relationships with both parents, depriving them of the love, guidance, and support they deserve.

Demanding Change — in the best interest of the children

The urgency to rectify this broken system and protect children’s rights cannot be overstated. It requires a multifaceted approach, combining efforts to address discrimination against fathers while ensuring the fundamental rights of children. Advocacy groups focused on fathers’ rights and children’s well-being should collaborate, raising awareness about the violation of children’s rights in tandem with addressing discrimination against fathers. Engaging policymakers to reform family law and promote gender equality is essential. Transparency, accountability, and impartiality must be restored to the family court system, safeguarding the best interests of children and nurturing their healthy relationships with both parents.

How you can help

Raise awareness by sharing information on social media, document and gather evidence, collect testimonials, engage with advocacy groups and associations that focus on children's rights, equal parenting, and family law reform, lobby for legislative changes, contact politicians, reach out to journalists and media outlets.

Conclusion

Luxembourg, a nation renowned for its commitment to justice and human rights, must confront the pressing issue of discrimination against fathers while protecting the rights of children. By highlighting the violation of children’s rights, challenging collusive practices, advocating for legislative reforms, and fostering a fair and impartial family court system, Luxembourg can create an environment that upholds children’s well-being and nurtures their right to maintain loving relationships with both parents. Only through these collective efforts can we forge a path towards a more equitable and just society, where children’s rights and the principles of equality prevail.

Fathers Against Discrimination (FAD) is a Luxembourgish non-profit association that defends childrens’ and parents rights. You can get in touch by visiting their website www.fad.lu.