What the law says

On this page we explain the current legislation dealing with sexual health, sexual rights, abortion legislation in Luxembourg, and the key role of the International Planned Parenthood Federation (IPPF) in promoting these rights worldwide.

Sexual health

According to the WHO, “sexual health is a state of physical, mental and social well-being in relation to sexuality. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having sexual experiences that are sources of pleasure and without risk, free from any coercion, discrimination or violence.” 

Sexual and reproductive rights

It is not a right to have sexual relations, but rights related to sexuality*. It is about the right of every person to live free from coercion, discrimination (such as based on gender or sexual orientation), and violence

Sexual rights also include for each person the right to:

  • seek, receive and disseminate information on sexuality,
  • sex education,
  • respect for their own body,
  • choose their own partners,
  • decide whether to be sexually active or not,
  • desired sexual relations,
  • decide whether to get married or not,
  • decide whether to have children or not and when to have them,
  • seek a satisfying, safe and enjoyable sex life.


“The responsible exercise of human rights means that everyone must respect the rights of others.” (WHO, 2006)

*Sexual rights are a set of rights relating to sexuality that derive from the rights to freedom, equality, privacy, autonomy, integrity and dignity of all individuals.

Article 1 – The right to equality, to equal protection before the law and to be free from discrimination based on sex, sexuality or gender. All human beings are born free and equal in dignity and rights and shall enjoy equal protection before the law against any discrimination based on their sex, sexuality or gender.

Article 2 – The right to participation for all, regardless of sex, sexuality or gender Everyone has the right to an environment in which he or she can actively, freely and meaningfully contribute to and participate in the civil, economic, social, cultural and political dimensions of human life, at local, national and international levels. This contribution and participation promote the fulfilment of human rights and fundamental freedoms.

Article 3 – The right to life, liberty, security of person and bodily integrity Everyone has the right to life, liberty and freedom from torture and cruel, inhuman and degrading treatment in all circumstances and in particular on the grounds of sex, age, gender, gender identity, sexual orientation, marital status, actual or perceived sexual history and/or behaviour and HIV/AIDS status. Everyone also has the right to exercise their sexuality without being subjected to any form of violence or coercion.

Article 4 – The right to privacy Everyone has the right to be free from arbitrary interference with his or her privacy, family, home, documents or correspondence. Everyone has the right to respect for his or her private life, which is essential to the exercise of sexual autonomy.

Article 5 – The right to autonomy and recognition before the law Everyone has the right to recognition before the law and to sexual freedom. This includes the opportunity for everyone to exercise control over matters related to his or her sexuality, to decide freely on matters related to his or her sexuality, to choose sexual partners, and to pursue his or her full sexual potential and enjoyment, in a non-discriminatory context and with full regard for the rights of others and the evolving capacities of the child.

Article 6 – The right to freedom of thought, opinion and expression; and the right to freedom of association Everyone has the right to exercise his or her freedom of thought, opinion and expression regarding sexuality, sexual orientation, gender identity and sexual rights, without arbitrary interference or limitations based on cultural beliefs or the prevailing political ideology, or on discriminatory notions of public policy, public morality, public health or public security.

Article 7 – The right to health and to benefit from advances in science Everyone has the right to the enjoyment of the highest attainable standard of physical and mental health, including the determinants of health, and access to sexual health care for the prevention, diagnosis and treatment of any sexual problems or conditions.

Article 8 – The right to education and information Everyone, without any discrimination, has the right to the education and information necessary and useful for the exercise of his citizenship in the private, public and political spheres.

Article 9 – The right to choose whether or not to marry, to found and plan a family and to decide whether, when and how to have children Everyone has the right to choose whether or not to marry, to found or not to found a family, to decide whether or not to have children, to decide freely and responsibly the number of his or her children and the spacing of birth, and to do so in an environment in which laws and policies recognize the diversity of family forms, including those not defined by descent or marriage.

Article 10 – Liability and redress Everyone has the right to effective, adequate, accessible and appropriate educational, legislative, judicial and other measures and remedies to ensure and hold accountable those who have a duty to uphold sexual rights. This includes the ability to monitor the implementation of sexual rights and access to full redress through restitution, compensation, rehabilitation, satisfaction, guarantees of non-repetition and any other means.

Sources : IPPF.

The law regulating abortion in Luxembourg

Since December 2014, Luxembourg has legalised abortion on request.

With this new law :

  • Abortion is no longer a criminal offence. The law has been incorporated into the Code de Santé.
  • Abortions can be requested by any woman, adult or minor, up to 12 weeks of pregnancy (or 14 weeks of amenorrhoea).
  • A specialist in gynaecology and obstetrics will carry out the initial consultation and perform an ultrasound scan to determine the term and location of the pregnancy.
  • Women can opt for pre- or post-consultation (at the place where the abortion is carried out).
    This is a right and no longer an obligation. However, pre-VTP consultations are compulsory for girls under the age of 18.
  • Parental consent or the consent of a legal representative or trusted adult is required for minors.
  • The period of reflection before the abortion is 3 days from the first consultation.
  • Abortion is reimbursed by the Caisse Nationale de Santé (CNS).

IPPF (International Planned Parenthood Federation)

Founded in 1952 in Bombay (India), the IPPF (www.ippf.org) is the world’s leading non-governmental organisation in the field of sexual and reproductive health and rights.