Fundamental freedoms
& human rights
The protection of fundamental freedoms and human rights is central to the European and Luxembourg legal systems, particularly in criminal matters.
Luxembourg is committed to guaranteeing the rights enshrined in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, which are directly applicable in national courts and form an essential basis for the defense of human rights.
Criminal law, by its very nature, must constantly strike a balance between the need to fight crime and the preservation of individual freedoms.
Human rights serve as a shield against the excesses of criminal law and criminal procedure, and are a bulwark against arbitrariness and unilateral procedures. The sacrosanct principles prohibiting the imposition of any inhuman or degrading punishment, absolute respect for the adversarial process, access to justice, fair trial and, above all, in criminal matters, respect for the presumption of innocence are all fundamental principles that our lawyers uphold in the coercive and repressive proceedings for which they are responsible.
ECLIPSE thus ensures that any restriction on a fundamental freedom is provided for by law, meets a legitimate objective of general interest or protection of the rights of others, and is strictly necessary and proportionate.
ECLIPSE has recognized expertise in fundamental freedoms and human rights as applied to criminal law.
The team is involved at all stages of criminal proceedings to:
- Defend the fundamental freedoms of our clients, whether they are defendants or victims, and ensure that their rights are respected throughout the proceedings
- Invoke and enforce the guarantees provided by the European Convention on Human Rights and the Charter of Fundamental Rights before national and European courts
- Lodge appeals in cases of fundamental rights violations, whether before the Luxembourg courts, the European Court of Human Rights, or the Court of Justice of the European Union
- Advise and assist on matters of discrimination, detention, freedom of expression, privacy, and all issues related to human rights in criminal law
- Train and raise awareness among our clients and partners on the challenges of fundamental freedoms in the criminal justice system, through constant legal monitoring and in-depth knowledge of European case law
ECLIPSE uses all necessary means to ensure compliance with essential procedural guarantees such as the right to a fair trial, the right to the presumption of innocence, protection against arbitrary detention, torture and inhuman or degrading treatment, and respect for private and family life.
Fundamental freedoms & human rights
Areas of expertise
- Consulting for companies to raise awareness among employers by implementing internal policies that comply with the law (statement of corporate commitment, risk mapping and assessment, due diligence),
- awareness-raising, training and governance of staff, complaint mechanisms,
- regular reporting and compensation for any damages
- Analysis and personalized advice for each individual situation to determine whether there is direct or indirect discrimination, harassment, or unequal treatment, based on the criteria defined by legislation and the main Luxembourg laws:
Constitution of the Grand Duchy of Luxembourg – Article 10 bis principle of equality before the law
Law of November 28, 2006 on equal treatment
Law of May 13, 2008 on gender equality in employment
Law on intercultural coexistence (July 2023)
Labor Code – Articles L.251-1 et seq., which explicitly prohibit any direct or indirect discrimination
Penal Code – Article 454 et seq., which criminalizes acts of discrimination
- Assistance in amicable proceedings
- Defense before the courts
- Follow-up, appeals, and compensation: support for clients throughout the proceedings, until a court decision and/or compensation is obtained
- Advice and information for clients on the scope of their fundamental rights, freedom of expression, media rights, and freedom of publication
- Prevention and amicable resolution to prevent violations
- Referral to the courts
- Defense before the courts
- Implementation of protective measures for vulnerable adults or minors, for example by referring the case to a guardianship judge
- Assistance and representation of vulnerable persons before the courts
- Defense against abuse and discrimination (abuse, mistreatment, discrimination, violation of fundamental rights)
- Advice and support for individuals, companies, NGOs, and the State on the application of international criminal law, risk assessment, and compliance with international standards
- Representation of victims of international crimes in the preparation of cases, collection of evidence, and drafting of complaints
- Defense of defendants prosecuted for international crimes
