Protecting women's dignity and freedom: a new bill in Luxembourg

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The Luxembourg government has approved a bill aimed at combating practices that demean women and strengthening their rights. The document reflects the implementation of key provisions of the 2023-2028 coalition agreement and includes important legislative changes. Particular attention is paid to banning medical practices related to virginity and facilitating access to termination of pregnancy.

The bill provides three key reforms:

Prohibition of virginity testing and certificate issuance

All virginity testing procedures and certificates are prohibited. Such practices are recognised as violating women's right to inviolability.

Ban on hymenoplasty

Hymenoplasty is now illegal. This includes attempts to induce or psychologically pressure a woman into having the operation.

Abolition of the mandatory reflection period for abortion

Previously, women had to endure a mandatory three-day pause after consulting a doctor before undergoing an abortion. This measure has been abolished, emphasising respect for women's right to make their own decisions.

The following regulations have been amended to implement these initiatives:

Criminal Code

Added articles on liability for hymenoplasty (article 409ter), coercion of hymenoplasty, and virginity tests (articles 378-1 and 378-2).

Code of Criminal Procedure

The possibility of prosecuting these offences even if they are committed outside Luxembourg has been introduced.

Sexuality Education and Abortion Act (1978)

Article 11bis introduces sanctions for virginity certificates and Article 12 abolishes the mandatory period of reflection for abortion.

Health and Social Protection Minister Martine Deprez said the measures are a significant step forward: "The ban on virginity certificates and tests, hymenoplasty and the abolition of the reflection period reinforce women's right to decide for themselves without regard to outdated norms."

Justice Minister Elisabeth Margue emphasised that the new version of the criminal code protects girls and women from "archaic ideas that invade their physical and personal integrity". However, stricter penalties are envisaged in cases where the victims are minors or the offence is committed by relatives.

These reforms aim not only to protect women from social and family pressures, but also to strengthen their legal position. In a society striving for gender equality, norms based on outdated notions of "honour" and "virginity" are seen as discriminatory and degrading. The abolition of the reflection period before abortion demonstrates respect for women's autonomy and their ability to make responsible decisions without the imposition of a moral framework.

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