Ambitious New Bill to Strengthen Women's Rights

On Friday 10 January 2025, Luxembourg's Ministry of Health and Social Security, together with the Ministry of Justice, confirmed that the Government Council (cabinet of the Luxembourg government) approved a bill aimed at combating practices that are contrary to human dignity, while strengthening women's fundamental rights. 

According to the ministries, the text marks an important step in the implementation of the commitments of the 2023-2028 coalition agreement, through significant legislative reforms; these measures reflect a clear and determined desire to promote an inclusive society where gender equality and the protection of women are priorities.

Main objectives

This bill adapts the Luxembourg legislative framework to achieve several priority objectives:

- Ban on virginity examinations and certificates (Ban on carrying out virginity examinations; Ban on establishing or issuing virginity certificates).

- Ban on hymenoplasty (Ban on the practice of “reconstructing” the hymen; Ban on any incentive to this practice, including pressure and persuasion).

- Removal of the reflection period for voluntary termination of pregnancy - IVG (Abolition of the mandatory three-day reflection period between the legal consultation and the abortion procedure. This measure aims to respect women’s choices, reduce emotional stress and strengthen their autonomy).

These reforms are mainly achieved through the following legislative amendments:

- Penal Code (Article 409ter: Ban on hymenoplasty; Article 409quater: Ban on inciting or forcing a person to undergo hymenoplasty; Article 378-1: Ban on virginity examinations; Article 378-2: Ban on inciting or forcing a person to undergo a virginity examination).

- Code of Criminal Procedure (This amendment aims to extend the jurisdiction of the Luxembourg judge for the offences referred to above to offences committed outside the Grand Duchy of Luxembourg).

- Law of 15 November 1978 on sexual information, the prevention of clandestine abortion and the regulation of voluntary termination of pregnancy (Article 11bis: Prohibition on the establishment or issuance of virginity certificates; Article 16: Provides for sanctions for the establishment and issuance of such certificates; Article 12: Removal of the mandatory reflection period for abortion).

A major step forward for women's rights

These measures mark an important step in the defence of women's rights in Luxembourg. Martine Deprez, Luxembourg's Minister of Health and Social Security, emphasised: "Three essential measures to advance women's rights: banning virginity certificates and tests, banning hymenoplasty and abolishing the reflection period for voluntary termination of pregnancy. These practices, contrary to the dignity and autonomy of women, have no place in a society that aspires to equality and respect for fundamental rights. With this bill, we affirm our commitment to protecting the integrity of women and guaranteeing them the freedom to decide for themselves." 

Elisabeth Margue, Minister of Justice, emphasised: "This is a next step in modernizing the Penal Code that ensures that no girl or woman can be judged and have their physical integrity violated on the basis of archaic representations that undermine their dignity. In terms of penalties, aggravating circumstances apply for cases where the victims are minors or when family members are responsible. We will continue to improve the legal framework to protect women's rights."