Luxembourg’s constitution guarantees a certain number of fundamental rights, such as freedom of expression, individual freedom, right of association and the protection of the human and natural environment.
So far, cultural rights are not yet embedded in the constitution or in national legislation. Nevertheless, on the one hand, and in the context of the process currently underway to give the constitution a general revision, the introduction of an article relating to cultural rights is currently being analysed. Indeed, if adopted, a new article would foresee that the State guarantees access to culture, the right to cultural development and that it promotes the protection of cultural heritage.
On the other hand, and insofar as Luxembourg has signed and ratified treaties such as the Council of Europe’s European Cultural Convention and the UN’s International Covenant on Economic, Social and Cultural Rights, the rights principles enshrined within these treaties are considered as fundamental basis for policies in general. Reporting obligations on the Covenant as well as on other treaties containing references to cultural rights provide for regular monitoring to that regard.
Concerning ethics, the ministry of Culture has issued in 2022 a Deontology charter for cultural structures. Following a demand from the cultural sector and as foreseen in the current Cultural development plan (KEP)[1], the charter aims to defend the values of ethics and professionalism that underlie the relationship of trust between cultural structures, artists and citizens. More specifically, it imposes fair and equitable remuneration of artists, the respect of data protection and professional secrecy, prevention of conflicts of interest, gender equality etc.
The charter was drawn up by the ministry of Culture in consultation with representatives of the cultural sector, whose feedback and reflections were received during discussion meetings and written positions. The charter applies to cultural structures which benefit from a specific budget line within the budget of the ministry of Culture and those who have signed a financial agreement with the ministry (other structures may sign it on a voluntary basis). Compliance with the charter’s rules forms part of the evaluation of the cultural structure’s activities by the ministry and the non-respect may lead to a reduction or a halt of financing from the ministry of Culture.
[1] “Establish a new mode of governance of cultural institutions under the supervision of the Ministry of Culture”
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