Country report : non-discrimination : transposition and implementation at national level of Council Directives 2000/43 and 2000/78 : Luxembourg 2019.
Date: 2019-10-21
Institutions: Directorate-General for Justice and Consumers
Subjects: Luxembourg, age discrimination, anti-discriminatory measure, discrimination based on disability, discrimination on the basis of sexual orientation, equal treatment, ethnic discrimination, national law, religious discrimination, report, sexual discrimination, social policy

Luxembourg 

2019 

including summary 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.1 Non-discrimination and Roma coordination 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Non-discrimination 

Transposition and implementation at national level of 
Council Directives 2000/43 and 2000/78 

Luxembourg 

Tania Hoffmann 

Reporting period 1 January 2018 – 31 December 2018 

2019   

Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Luxembourg: Publications Office of the European Union, 2019 

© European Union, 2019 

PDF  

ISBN 978-92-76-00219-2 

ISSN 2599-9176  

doi:10.2838/467575  

  DS-BB-19-019-EN-N 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - Non-discrimination – Luxembourg – 2019 

CONTENTS 

EXECUTIVE SUMMARY ........................................................................................ 5 
INTRODUCTION ................................................................................................ 10 
GENERAL LEGAL FRAMEWORK .................................................................. 12 
1 
THE DEFINITION OF DISCRIMINATION .................................................... 13 
2 
2.1  Grounds of unlawful discrimination explicitly covered ................................ 13 

3 

4 

2.1.1  Definition of the grounds of unlawful discrimination within the 

directives ................................................................................. 13 
2.1.2  Multiple discrimination ............................................................... 14 
Assumed and associated discrimination ....................................... 14 
2.1.3 
2.2  Direct discrimination (Article 2(2)(a)) ...................................................... 14 
2.2.1 
Situation testing ....................................................................... 15 
Indirect discrimination (Article 2(2)(b)) ................................................... 15 
Statistical evidence ................................................................... 16 
2.3.1 
2.4  Harassment (Article 2(3)) ...................................................................... 16 
2.5 
Instructions to discriminate (Article 2(4)) ................................................ 17 
2.6  Reasonable accommodation duties (Article 2(2)(b)(ii) and Article 5 Directive 

2.3 

2000/78) ............................................................................................. 18 
PERSONAL AND MATERIAL SCOPE ............................................................ 20 
3.1  Personal scope ..................................................................................... 20 

3.1.1 

EU and non-EU nationals (Recital 13 and Article 3(2), Directive 
2000/43 and Recital 12 and Article 3(2), Directive 2000/78) .......... 20 
3.1.2  Natural and legal persons (Recital 16, Directive 2000/43) .............. 20 
Private and public sector including public bodies (Article 3(1)) ........ 20 
3.1.3 
3.2  Material scope ...................................................................................... 20 
Employment, self-employment and occupation ............................. 20 

3.2.1 
3.2.2  Conditions for access to employment, to self-employment or to 

3.2.3 

3.2.4 

occupation, including selection criteria, recruitment conditions and 
promotion, whatever the branch of activity and at all levels of the 
professional hierarchy (Article 3(1)(a)) ........................................ 21 
Employment and working conditions, including pay and dismissals 
(Article 3(1)(c)) ........................................................................ 21 
Access to all types and to all levels of vocational guidance, vocational 
training, advanced vocational training and retraining, including 
practical work experience (Article 3(1)(b)) ................................... 21 

3.2.5  Membership of, and involvement in, an organisation of workers or 

3.2.6 

employers, or any organisation whose members carry on a particular 
profession, including the benefits provided for by such organisations 
(Article 3(1)(d)) ........................................................................ 21 
Social protection, including social security and healthcare (Article 
3(1)(e) Directive 2000/43) ......................................................... 22 
Social advantages (Article 3(1)(f) Directive 2000/43) .................... 22 
Education (Article 3(1)(g) Directive 2000/43) ............................... 22 
Access to and supply of goods and services that are available to the 
public (Article 3(1)(h) Directive 2000/43) .................................... 23 
3.2.10  Housing (Article 3(1)(h) Directive 2000/43) ................................. 23 
EXCEPTIONS ............................................................................................. 24 
4.1  Genuine and determining occupational requirements (Article 4) .................. 24 
4.2  Employers with an ethos based on religion or belief (Article 4(2) Directive 

3.2.7 
3.2.8 
3.2.9 

2000/78) ............................................................................................. 24 

4.3  Armed forces and other specific occupations (Article 3(4) and Recital 18 

Directive 2000/78) ................................................................................ 24 
4.4  Nationality discrimination (Article 3(2)) ................................................... 24 
4.5  Work-related family benefits (Recital 22 Directive 2000/78) ....................... 25 
4.6  Health and safety (Article 7(2) Directive 2000/78) .................................... 25 

3 

 
 
4.7  Exceptions related to discrimination on the ground of age (Article 6 Directive 

2000/78) ............................................................................................. 25 
4.7.1  Direct discrimination ................................................................. 25 
4.7.2 

Special conditions for young people, older workers and persons with 
caring responsibilities ................................................................ 26 
4.7.3  Minimum and maximum age requirements ................................... 27 
4.7.4  Retirement ............................................................................... 27 
4.7.5  Redundancy ............................................................................. 28 
4.8  Public security, public order, criminal offences, protection of health, protection 
of the rights and freedoms of others (Article 2(5), Directive 2000/78) ......... 28 
4.9  Any other exceptions ............................................................................. 28 
POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive 
2000/78) .................................................................................................. 30 
REMEDIES AND ENFORCEMENT ................................................................. 31 
6.1 
Judicial and/or administrative procedures (Article 7 Directive 2000/43, Article 
9 Directive 2000/78) ............................................................................. 31 

6.2  Legal standing and associations (Article 7(2) Directive 2000/43, Article 9(2) 

Directive 2000/78) ................................................................................ 32 
6.3  Burden of proof (Article 8 Directive 2000/43, Article 10 Directive 2000/78).. 34 
6.4  Victimisation (Article 9 Directive 2000/43, Article 11 Directive 2000/78) ...... 34 
6.5  Sanctions and remedies (Article 15 Directive 2000/43, Article 17 Directive 

2000/78) ............................................................................................. 34 

5 

6 

7 

8 

BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive 
2000/43) .................................................................................................. 36 
IMPLEMENTATION ISSUES........................................................................ 39 
8.1  Dissemination of information, dialogue with NGOs and between social partners39 
8.2  Compliance (Article 14 Directive 2000/43, Article 16 Directive 2000/78)...... 39 
9 
COORDINATION AT NATIONAL LEVEL ....................................................... 41 
10  CURRENT BEST PRACTICES ....................................................................... 42 
11  SENSITIVE OR CONTROVERSIAL ISSUES .................................................. 43 
11.1  Potential breaches of the directives (if any) .............................................. 43 
11.2  Other issues of concern ......................................................................... 43 
12  LATEST DEVELOPMENTS IN 2018 .............................................................. 44 
12.1  Legislative amendments ........................................................................ 44 
12.2  Case law .............................................................................................. 44 
ANNEX 1: TABLE OF KEY NATIONAL ANTI-DISCRIMINATION LEGISLATION ..... 45 
ANNEX 2: TABLE OF INTERNATIONAL INSTRUMENTS ....................................... 47 

4 

 
 
 
EXECUTIVE SUMMARY 

1. Introduction 

The  Grand  Duchy  of  Luxembourg  is  characterised  by  cultural  diversity  and  the  common 
use of several languages. Its population is quite homogeneous, with the vast majority of 
foreigners being European Union citizens, most of whom are Catholics by religion. 

The  Grand  Duchy  of  Luxembourg  has  one  of  the  highest  proportions  of  foreigners  in 
Europe – more than 43 % on average. In Luxembourg City, the capital, over 50 % of all 
inhabitants are foreigners. The largest groups of foreigners are Portuguese citizens. 

In general, relations between different ethnic and racial groups are smooth; incidents of 
racism  and  discrimination  are  rather  low.  Some  intolerance  does  indeed  exist,  although 
violent xenophobic incidents are rare. 

In institutional terms, Luxembourg is a constitutional monarchy, in which the Grand Duke 
has  only  very  limited  powers,  as  conferred  by  the  Constitution.  There  is  a  unicameral 
Parliament, known as the Chambre des Députés, which votes on draft bills. All bills must 
be  submitted  to  the  Council  of  State  for  its  opinion,  as  well  as  to  the  professional 
chambers.  These  chambers  are  public  institutions.  Their  mission  is  to  defend  the 
concerns of a specific professional category (employees, farmers, the self-employed, civil 
servants and so on). 

For  a  bill  to  be  passed,  the  Council  of  State  must  exempt  the  Parliament  of  the  second 
constitutional  vote.  This  means  that  a  bill  has  to  be  adopted  a  second  time  by  the 
Parliament in a second  reading, at least three  months later, unless the Council of State 
does not formally oppose the wording of the draft bill. The latter is the usual scenario. 

2. Main legislation 

Luxembourg  has  signed  and  ratified  the  European  Convention  on  Human  Rights,  Article 
14 of which prohibits discrimination on any ground, such as sex, race, colour, language, 
religion,  political  or  other  opinion,  national  or  social  origin,  association  with  a  national 
minority,  property,  birth  or  other  status.  Article  14  is  directly  applicable  to  court  cases 
examined  under  Luxembourg  law.  Protocol  12  on  discrimination  has  also  been  ratified 
and is directly applicable. 

In 2011 a law ratified the UN Convention on the Rights of Persons with Disabilities as well 
as  the  Optional  Protocol  to  the  Convention  on  the  Rights  of  Persons  with  Disabilities, 
which had already been signed in 2007.  

Other  international  instruments  have  been  ratified  by  the  Luxembourg  Government, 
including the Universal Declaration of Human Rights, the International Convention on the 
Elimination  of  all  Forms  of  Racial  Discrimination,  the  International  Convention  on  the 
Elimination  of  all  Forms  of  Discrimination  Against  Women  and  the  Convention  on  the 
Rights of the Child. Convention 111 of the International Labour Organisation, concerning 
discrimination in employment and occupation, was ratified in 2000 in Luxembourg and is 
directly applicable in internal law. 

On  a  national  level,  the  principle  of  equal  treatment  can  be  found  in  the  general  legal 
principle found in Article 10bis of the Constitution, according to which ‘all Luxembourgers 
are  equal  before  the  Law’.  However,  strictly  speaking,  this  principle  applies  only  to 
Luxembourg  nationals  and  not  to  foreign  citizens.  Although  it  is  understood  to  be  a 
general  principle  of  law,  implying  equality  for  all  persons,  it  clearly  is  not  sufficient  to 
guarantee  in  all  situations  and  in  all  court  cases  that  any  breach  of  the  principle  of 
equality  will  be  punished.  The  same  is  true  for  Article  111  of  the  Constitution,  which 

5 

 
 
 
 
 
 
 
 
 
 
 
 
grants  protection  to  foreigners  and  to  their  property,  unless  the  law  provides  for  an 
exception. 

One can find penal provisions against discrimination on the grounds of religion, race and 
ethnic origin, disability, sexual orientation and age in the Criminal Code, in Articles 454 
to 457. Individual and collective discrimination are thus prohibited and can lead to a fine 
or imprisonment of up to two years. 

The Law of 28 November 2006 (general discrimination law) and the Law of 29 November 
2006  (on  public  service)  have  strengthened  the  existing  legislation  against  direct 
discrimination  and  have  introduced  new  tools  in  civil  law  to  fight  different  forms  of 
discrimination,  such  as 
to 
discriminate.  Furthermore,  new  labour  law  protection  mechanisms  against  victimisation 
have been introduced in the Labour Code. 

indirect  discrimination,  harassment  or 

instructions 

The  Law  of  28  November  2006  covers  the  entire  scope  of  Directive  2000/43  in  criminal 
law, for all the grounds apart from belief (including race and ethnic origin in the field of 
non-public  sector  employment)  and  the  Law  of  29  November  2006  covers  all  public 
employees  and  employers  (state  administration,  municipalities  etc.)  and  all  grounds 
covered by both directives. 

In  both  laws  of  November  2006,  the  legislature  has  gone  further  than  the  strict 
requirements  of  the  directives,  by  including  prohibiting  discrimination  based  on  the 
grounds  of  religion  or  belief,  disability,  age  and  sexual  orientation,  as  well  as  race  and 
ethnic  origin  for  all  fields  included  in  the  scope  of  both  directives,  thus  forbidding  all 
discrimination in relations between persons. 

3. Main principles and definitions 

The  provisions  against  discrimination  can  be  found  in  the  laws  of  28  and  29  November 
2006.  The  two  laws  use  the  same  definitions  as  found  in  the  relevant  directives.  They 
thus  introduce  the  concept  of  equal  treatment  as  required  by  the  directives.  Direct 
discrimination,  indirect  discrimination  and  harassment  are  defined  adequately  in  the 
laws, as well as instruction to discriminate. 

All the prohibited grounds of the directives (i.e., religion or belief, age, disability, sexual 
orientation  and  race  and  ethnic  origin)  are  covered  within  and  outside  the  employment 
field by the civil law provisions. 

As  far  as  victimisation  is  concerned,  all  fields  are  covered.  In  employment  matters,  the 
provisions  include  a  special  procedure  against  dismissals  based  on  discrimination  and 
declare  void  any  discriminatory  clauses  in  contracts  or  collective  work  agreements. 
Protection against retaliation is also provided for. 

As  far  as  exceptions  and  exemptions  are  concerned,  the  Law  of  28  November  2006 
contains provisions on genuine and determining occupational requirements as allowed by 
Directive  2000/78/EC,  based  on  the  nature  of  the  particular  occupational  activities 
concerned or on the context in which they are carried out, but only within the sphere of 
employment. The law also provides for an exception based on the ethos of a church or a 
religious group in relation to employment. 

The law also provides for possible exemptions based on age, if they are appropriate and 
necessary and if they are objectively and reasonably justified by a legitimate aim. 

There is an exception for insurance contracts from the prohibition of discrimination on the 
grounds  of  age  and  disability,  on  the  condition  that  the  exception  is  objectively  and 
reasonably justified. 

6 

 
 
 
 
 
 
 
 
 
 
 
 
Provisions  on  reasonable  accommodation  for  disabled  persons  have  also  been 
incorporated in the law, which has amended the Law of 12 September 2003 on disabled 
persons. 

Positive  action  is  recognised  as  being  valid,  meaning  that  it  is  not  considered  as 
discrimination. 

There is no legal measure, nor case law in relation to cases of multiple discrimination or 
discrimination by association. 

4. Material scope 

As far as civil law is concerned, including employment law, the Law of 28 November 2006 
has incorporated the full scope of Article 3 of Directive 2000/43 and thus is applicable to: 

- 

- 

- 
- 

- 

conditions  for  access  to  employment,  to  self-employment  and  to  occupation, 
including  selection  criteria  and  recruitment  conditions,  whatever  the  branch  of 
activity and at all levels of the professional hierarchy, including promotion; 
access  to  all  types  and  to  all  levels  of  vocational  guidance,  vocational  training, 
advanced vocational training and retraining, including practical work experience; 
employment and working conditions, including dismissals and pay; 
membership of and involvement in an organisation of workers or employers, or any 
organisation  whose  members  carry  on  a  particular  profession,  including  the 
benefits provided for by such organisations; 
social  protection,  including  social  security  and  healthcare,  social  advantages, 
education  and  access  to  and  supply  of  goods  and  services  which  are  available  to 
the public, including housing. 

As  far  as  criminal  law  is  concerned,  the  amended  Article  455  of  the  Criminal  Code  is 
applicable to discrimination in relation to: 

- 
- 
- 

- 

- 
- 
- 

the refusal to supply or allow enjoyment of goods; 
the refusal to supply a service; 
the  restriction  of  the  supply  of  goods  or  services  on  grounds  of  ethnic  or  racial 
discrimination  or  the  exercising  of  any  other  form  of  discrimination  at  the  time  of 
supply; 
the indication in any advertisement  of the intention to  refuse goods  or  services  or 
to practise discrimination at the time of supplying goods and services; 
the restriction of the normal exercise of any economic activity; 
the refusal to employ an individual, the sanctioning or dismissal of a person; 
the  making  of  access  to  work,  vocational  training  or  working  conditions,  or  the 
membership of and involvement in an organisation of workers or employers subject 
to a discriminatory condition. 

Thus, the scope of the directives is not entirely covered by criminal law. 

The public sector is covered by the Law of 29 November 2006 on the relations between 
public employees and the administration (the state and municipalities). 

5. Enforcing the law 

An individual may, acting alone, lodge a criminal complaint in court. The state prosecutor 
will, however, decide whether it is worthwhile proceeding with the case. 

The Law of 6 May 1999 on penal mediation enables the state prosecutor to use mediation 
where  it  appears  that  such  a  remedy  is  likely  to  ensure  that  compensation  or  damages 
will be paid to the victim. 

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
The victim may also apply directly to the examining judge (juge d’instruction) if he or she 
claims to have suffered discrimination; in such cases it is up to the victim to estimate the 
extent  of  the  loss  and  claim  damages  in  criminal  proceedings.  The  judge  will  often 
require the claimant to pay a guarantee to cover the costs of the procedure. 

The  victim  may  claim  damages  in  a  civil  court,  with  or  without  the  assistance  of 
associations. 

The  Laws  of  28  and  29  November  2006  give  associations  and  trade  unions  or 
professional  associations  the  ability  to  assist  victims  in  court  or  to  act  in  support  of 
victims.  Associations  and  trade  unions  or  professional  associations  cannot  act  on  behalf 
of victims. 

Article 5 of the general discrimination Law of 28 November 2006 introduced a mechanism 
for shifting the burden of proof in civil and administrative procedures in the same way as 
provided for by the directives. 

The shifting of the burden of proof is excluded in criminal proceedings according to Article 
253-2(2) of the Labour Code. 

The  labour  court  may  be  used  in  a  case  of  discrimination  at  work,  through  a  special 
summary  procedure,  and  in  a  case  of  dismissal,  the  reinstatement  of  a  worker  may  be 
requested.  A  person  may  also  ask  that  any  discriminatory  clause  in  a  contract  or  a 
collective convention be declared void. 

In  the  employment  field,  a  complaint  can  also  be  lodged  with  the  Labour  Inspectorate, 
which is in charge of monitoring the application of employment law in general. 

As there is no existing case law, it is difficult to say whether the available sanctions are 
effective, proportionate and dissuasive. The use of testing and statistical evidence is not 
provided for by the laws. 

6. Equality bodies 

The  Laws  of  28  and  29  November  2006  created  a  Centre  for  Equal  Treatment  (CET), 
which is also competent to deal with discrimination cases relating to the public sector. 

It  took  a  long  time  to  set  up  the  Centre  for  Equal  Treatment,  but  it  was  eventually 
established  in  2008  and  is  now  fully  operational.  Unfortunately,  its  decisions  are  not 
binding  and  most  of  its  recommendations  are  not  followed  by  the  legislature  and  other 
institutions. 

The CET is a body made up of five members, including a chairperson, who are appointed 
for  five  years  by  the  Grand  Duke,  having  been  nominated  by  the  Parliament.  Once  a 
year,  a  report  must  be  submitted  to  the  Government  and  to  Parliament.  The  CET  is 
funded by the state. 

The CET publishes independent reports, issues opinions and recommendations, conducts 
surveys on all questions linked to discrimination and provides information and assistance 
to victims of discrimination. 

It  deals  with  issues  relating  to  discrimination  based  on  race,  ethnic  origin,  gender, 
religion or belief, disability, age and sexual orientation. 

The Law  of 28  November 2006 underlines the full independence of the Centre  for Equal 
Treatment. This independence may in theory be curtailed by the fact that the budget has 
decreased over the last few years. 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The CET does not have the ability to support victims in court or to submit claims directly 
to the courts. In addition it has no quasi-judicial powers. 

Since  2008,  the  CET  has  been  working  in  the  field  of  anti-discrimination  by  organising 
conferences,  registering  claims  of  discrimination  and  by  trying  to  mediate  in  cases  of 
alleged  discrimination.  Since  2012  its  activities  have  been  regularly  covered  by  the 
national newspapers, television and radio. 

7. Key issues 

There  is  still  very  little  case  law  on  discrimination,  which  means  that  victims  of 
discrimination  find  it  very  hard  to  bring  a  case  to  court.  There  may  be  different 
explanations for this phenomenon: the victims do not have the financial means and many 
people are unaware of discrimination laws. 

The  possibilities  for  action  by  the  Centre  for  Equal  Treatment  are  limited  as  it  has  only 
limited financial means. 

The CET does not have the ability to support victims in court or to submit claims to the 
courts  directly.  In  addition  it  has  no  quasi-judicial  powers  and  its  recommendations  are 
not  binding.  For  many  years  the  CET  has  been  asking  the  Government  to  reinforce  its 
investigatory  powers  as  the  CET  has  no  power  to  force  institutions,  private  persons  or 
employers to collaborate with its investigations. 

According to the CET, several people reported that complaints that they lodged with the 
police were discontinued after reaching the Attorney General’s  Office.  The  CET assumes 
that a lack of resources is the source of the rejection of discrimination lawsuits. The CET 
has recommended an increase in resources for the prosecutor’s services. 

On  the  reasonable  accommodation  duty,  only  people  who  have  a  30 %  disability  and 
have  been  officially  recognised  as  such  are  entitled  to  claim  a  reasonable 
accommodation. This provision should apply to both private and public sector employers. 
This might not be compatible with the approach of the CJEU to the definition of disability, 
which seems broader and more flexible. 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
INTRODUCTION 

The national legal system 

Luxembourg  is  a  unitary  and  indivisible  state.  It  is  a  constitutional  monarchy,  in  which 
the Grand Duke has only very limited powers, as conferred by the Constitution.  

The  Government  or  members  of  Parliament  propose  pieces  of  legislation.  Luxembourg 
has  a  unicameral  Parliament,  the  Chambre  des  Députés,  which  votes  on  draft  bills.  A 
statement of grounds originally accompanies these draft bills. 

All bills must be submitted to the Council of State (Conseil d’Etat) for its opinion, as well 
as  to  the  professional  chambers.  For  a  bill  to  be  passed,  the  Council  of  State  must 
exempt the Parliament of the second constitutional vote. If the Council of State formally 
opposes the draft, a second vote must be taken in Parliament to pass the bill. This vote 
cannot be held less than three months after the refusal of the Council of State to exempt 
the Parliament from the second vote. 

Secondary legislation is exercised by grand-ducal regulations. In practice, a regulation is 
a  mechanism  to  provide  further  details  and/or  procedures  for  the  implementation  of  a 
particular law and is only used in relation to areas that are not reserved to the legislative 
power by the Constitution. The Government, through the minister in charge of the area 
concerned, is responsible for drafting the regulation, which is submitted to the Council of 
State  for  its  opinion,  adopted  by  Parliament  and  then  signed  by  the  Grand  Duke,  who 
does not have the power to oppose it. 

There  are  a  few  basic  codes  of  law,  including  the  Civil  Code  (dating  from  the  times  of 
Napoleon  Bonaparte,  at  the  beginning  of  the  19th  century,  when  Luxembourg  belonged 
to  France),  the  Criminal  Code,  the  Code  of  Commerce,  the  new  Code  of  Civil  Procedure 
(which  entered  into  force  on  16  September  1998),  the  Code  of  Criminal  Procedure,  the 
Code of Social Security and the Labour Code, (which was enacted in 2006). The Labour 
Code is basically a compilation of former texts, with a new numbering of paragraphs. 

In  the  public  sector,  there  is  a  compilation  of  laws  relating  to  the  administration,  called 
the administrative code, in which the general statute of civil servants  sets  out the  rules 
relating  to  the  relationship  between  civil  servants  and  the  administration,  including  the 
central Government administration and the local administration, mainly the municipalities 
(known as communes). 

Some laws apply both to the private  sector and the public sector,  such as the Law of 8 
December  1981  on  equality  of  treatment  between  men  and  women  in  the  field  of 
employment, which has been incorporated formally into the Labour Code. 

List of main legislation transposing and implementing the directives 

Law of 28 November 20061 (general discrimination law) 

1   Luxembourg, Law of 28 November 2006 (general discrimination law): 

1. 

2. 

3. 

4. 
5. 

‘transposing Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal 
treatment between persons irrespective of racial or ethnic origin; 
transposing Council Directive 2000/78/ EC of the Council of 27 November 2000 establishing a general 
framework for equal treatment in employment and occupation; 
amending the Labour Code and introducing in Book II a new title V on equality of treatment in the area 
of employment and work; 
amending articles 454 and 455 of the Criminal Code; 
amending the Law of 12 September 2003 on disabled persons.’ 
http://www.legilux.public.lu/leg/a/archives/2006/0207/a207.pdf#.  

10 

 
 
 
 
 
 
 
 
 
 
 
 
                                           
This law covers the entire scope of both directives excepting public employment, which is 
covered by the public sector law. 

Law of 29 November 2006 (public sector law). 

The  Law  of  29  November  2006  covers  all  public  employees  and  employers  (state 
administration, municipalities etc.) and all grounds covered by both directives.2 

2   Luxembourg, Law of 29 November 2006 which amends: 

the amended Law of 16 April 1979 establishing the general statute of state civil servants; 
the amended Law of 24 December 1985 establishing the general statute of municipal civil servants. 

1. 
2. 
http://www.legilux.public.lu/leg/a/archives/2006/0207/a207.pdf#. 

11 

 
 
 
 
 
 
                                           
1 

GENERAL LEGAL FRAMEWORK  

Constitutional  provisions  on  protection  against  discrimination  and  the 
promotion of equality  

The  constitution  of  Luxembourg  includes  the  following  articles  dealing  with  non-
discrimination:  

Article 10 bis: contains a general legal principle, which states that all Luxembourgers are 
equal  before  the  law.  However,  strictly  speaking,  this  principle  applies  only  to 
Luxembourg nationals and not to foreign citizens. Nevertheless, the question has not yet 
been discussed by the courts. 

Article 19: guarantees freedom of worship in all its forms. 

Article 20: guarantees freedom of conscience and provides for the liberty not to take part 
in any religious ceremony, to respect any religious festival or to respect any day of rest. 

Article 111: states that:  

‘Any  foreigner  on  the  territory  of  the  Grand  Duchy  shall  enjoy  the  protection 
accorded  to  persons  and  property,  without  prejudice  to  exceptions  established  by 
law’. 

These provisions do not apply to all areas covered by the directives. Their material scope 
is not broader than those of the directives. 

These  provisions  are  directly  applicable  if  they  include  fundamental  rights  that  are  self-
explanatory. 

These provisions can be enforced against any actor, public or private, with the limitations 
that the provision must be clear enough and not too broad. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
2 

THE DEFINITION OF DISCRIMINATION  

2.1  Grounds of unlawful discrimination explicitly covered  

The  following  grounds  of  discrimination  are  explicitly  prohibited  in  the  main  legislation 
transposing the two EU anti-discrimination directives:  

- 

racial  or  ethnic  origin,  skin  colour,  sex,  sexual  orientation,  family  situation,  age, 
state  of  health,  disability,  customs,  political  or  philosophical  opinions,  trade  union 
activities, their membership - actual or supposed - of an ethnic group, nationality, 
specific religion 

2.1.1  Definition of the grounds of unlawful discrimination within the directives 

All  the  grounds  covered  by  both  directives  are  also  covered  by  both  the  Law  of  28 
November  2006  (general  discrimination law)  and  the  Law  of  29  November  2006  (public 
sector law), i.e. religion or belief, disability, age, sexual orientation, race or ethnic origin. 
Therefore,  outside  the  scope  of  criminal  law,  discrimination  based  on  belief  is  explicitly 
forbidden, for example, in civil or commercial cases, administrative conflicts or in respect 
of work relations. 

Luxembourg  legislation  does  not  provide  a  definition  of  the  grounds  of  discrimination 
covered by the directives. Thus far, the courts have not defined these concepts. 

a) 

Racial or ethnic origin 

Racial and ethnic origin are not defined by Luxembourg law, but as Luxembourg ratified 
the ICERD the definition of the convention could be used in disputes. 

b) 

Religion and belief 

Religion and belief are not defined. 

c)  Disability 

Disability  is  not  defined  in  the  laws  transposing  the  directives.  The  definition  of  a 
disability for the purposes of claiming a reasonable accommodation according to Article 1 
of  the  Law  of  12  September  2003  on  disabled  workers  is  more  restrictive  than  for 
claiming protection from non-discrimination in general, as only people who have a 30 % 
disability and have been officially recognised as such are entitled to claim under the duty 
to provide reasonable accommodation. If a person is claiming for protection on the basis 
of non-discrimination law the judge should in principle not apply the restrictive definition 
of  the  Law  of  12  September  2003.  In  this  case  the  jurisprudence  would  be  compatible 
with Ring and Skouboe Werge. However, judicial interpretation is required. 

d) 

Age 

Age is not defined by the law. 
There is no relevant jurisprudence. 

e) 

Sexual orientation 

Sexual  orientation  is  not  defined  in  the  law  or  in  the  preparatory  works.  There  is  on-
going  academic  discussion  on  the  definition  of  sexual  orientation.  The  Centre  for  Equal 

13 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
Treatment  (CET)  uses  the  definition  of  the  Yogakarta  principles  to  define  sexual 
orientation.3  

There is also no case law dealing with sexual orientation. 

2.1.2  Multiple discrimination 

In Luxembourg, multiple discrimination is not prohibited in the law. 

Since  2009,  the  Centre  for  Equal  Treatment  has  recommended  the  inclusion  of  the 
prohibition  of  multiple  discrimination  in  law,  but  so  far,  this  recommendation  has  not 
been followed up. 

In Luxembourg, there is no case law dealing with multiple discrimination. 

2.1.3  Assumed and associated discrimination 

a)  Discrimination by assumption 

In  Luxembourg,  discrimination  based  on  a  perception  or  assumption  of  a  person’s 
characteristics is prohibited in national law.  

Article 454 of the Criminal Code prohibits discrimination based on the belonging – real or 
supposed – to an  ethnic group, nationality, race  or  specific religion. Such discrimination 
is also prohibited under Article 1 of the general anti-discrimination Law of 28 November 
2006  and  Article  3  of  the  public  sector  Law  of  29  November  2006  for  real  or  supposed 
belonging  to  a  race  or  ethnic  group.  Therefore,  any  discrimination  based  on  the  false 
assumption  of  the  ethnic  group,  nationality,  race  or  specific  religion  of  a  person  is 
forbidden and punishable. 

There  is  no  such  prohibition  for  other  grounds,  such  as  age,  sexual  orientation  or 
disability,  as  the  abovementioned  article  uses  the  words  ‘their  belonging  or  non-
belonging  –  true  or  assumed’  only  for  the  grounds  of  ethnic  group,  nationality,  race  or 
specific religion. 

b)  Discrimination by association 

In  Luxembourg,  discrimination  based  on  association  with  persons  with  particular 
characteristics is not prohibited in national law.  

2.2  Direct discrimination (Article 2(2)(a)) 

a) 

Prohibition and definition of direct discrimination 

In Luxembourg, direct discrimination is prohibited in national law. It is defined.  

Both laws transposing Directives 2000/43/EC and 2000/78/EC for the private sphere and 
for public service use the definition in the directives and introduce the concept of equality 
of  treatment  as  required  by  those  directives,  including  the  definition  of  direct 
discrimination. 

The  definition  used  in  Articles  1(a)  and  18  (introducing  Article  L.251-1  in  the  Labour 
Code)  of  the  general  anti-discrimination  Law  of  28  November  2006,  and  in  Article  1-3 

3  See: http://cet.lu/en/faq/. 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                           
(introducing Article 1bis of the general statute of civil servants) of the public sector  Law 
of 29 November 2006, is:  

‘Direct  discrimination  shall  be  taken  to  occur  where  one  person  is  treated  less 
favourably than another is, has been or would be treated in a comparable situation 
on grounds of…’ 

b) 

Justification for direct discrimination 

There  is  no  justification  for  direct  discrimination  that  does  not  fall  within  any  of  the 
specific exceptions dealt with below in sections 4.1 to 4.8. 

2.2.1  Situation testing 

a) 

Legal framework 

In Luxembourg, the law is silent about situation testing.  

Article 348 of the Code of Civil Procedure provides that the facts on which the solution of 
the  dispute  depends  can  be  the  object  of  any  legally  acceptable  investigative  measure. 
Judicial  interpretation  is  required  to  decide  whether  situation  testing  is  a  legally 
acceptable investigative measure. 

b) 

Practice 

In Luxembourg, situation testing is not used in practice. 

2.3  Indirect discrimination (Article 2(2)(b)) 

a) 

Prohibition and definition of indirect discrimination 

In Luxembourg, indirect discrimination is prohibited in national law.  

According to Articles 1b and 18 of the general discrimination Law of 28 November 2006 
and  according  to  Articles  1(3)  and  2(3)  of  the  public  sector  Law  of  29  November  2006 
indirect discrimination occurs when an apparently neutral provision, criterion or practice 
is likely to result in a particular disadvantage for people of a nationality, who belong (or 
not), whether in reality or supposedly, to a given race or ethnic group, or on the basis of 
sex,  sexual  orientation,  religion  or  beliefs,  a  handicap  or  age,  relative  to  other  people, 
unless this provision, criterion or practice can be objectively justified and that the means 
to carry out this objective are appropriate and necessary. 

Indirect  discrimination  applies  only  in  civil  cases  (including  employment  law)  and  is  not 
punishable by criminal law. 

Indirect  discrimination  for  employment  purposes  is  defined  in  Articles  1b  and  18  of  the 
general discrimination Law of 28 November 2006 (private relations) and in Articles 1(3) 
and 2(3) of the public sector Law of 29 November 2006 (public services). The definition 
in both laws is identical. 

b) 

Justification test for indirect discrimination 

The two  anti-discrimination laws of 28 and 29 November 2006 use the same definitions 
as found in the relevant directives.  

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The  justification  test  would  be  the  one  provided  for  in  the  directives,  namely  that  any 
provision, criterion or practice must be objectively justified by a legitimate aim and that 
the means of achieving that aim should be appropriate and necessary. 

Legitimate  aims  that  satisfy  those  elements  should  be  accepted  by  courts,  but  as  yet, 
there have been no judgements on the issue. 

It remains to be seen what measures might be considered as appropriate and necessary 
to pursue a legitimate aim. There is no case law. 

2.3.1  Statistical evidence 

a) 

Legal framework 

In Luxembourg, there is legislation regulating the collection of personal data.  

The  Law  of  1  August  2018  on  the  organisation  of  the  National  Data  Protection 
Commission and the general data protection framework4 repeals the previous act on data 
protection  (amended  Act  of  2  August  2002)  and  completes  the  General  Data  Protection 
Regulation at the national level. 

Article  1  of  the  Law  of  1  August  2018  refers  to  the  provisions  of  the  General  Data 
Protection  Regulation  2016/679  so  that  all  data  considered  as  sensitive  by  the  EU 
regulation is also considered as sensitive data by Luxembourg law.  

Data considered as  sensitive data are data relating to  racial or ethnic origin, to political 
opinions, to  religious or philosophical belief or  to the belonging to a trade union as well 
as  the  processing  of  personal  data  about  health  and  sex  life,  including  genetic 
information. 

In Luxembourg the law does not refer to statistical evidence in order to establish indirect 
discrimination. Judicial interpretation would be required for clarification. 

b) 

Practice 

In  Luxembourg,  statistical  evidence  in  order  to  establish  indirect  discrimination  is  not 
used in practice. 

2.4  Harassment (Article 2(3)) 

a) 

Prohibition and definition of harassment 

In Luxembourg, harassment is prohibited in national law.  

The  laws  of  28  and  29  November  2006  transposing  the  directives  use  the  definitions  of 
both directives concerning harassment, so that the provisions are applicable in civil cases 
and labour cases and, for example, in administrative or commercial cases and cover the 
full material scope for all grounds. 

4   Luxembourg, Law of 1 August 2018 (Loi du 1er août 2018 portant organisation de la Commission nationale 
pour la protection des données et mise en oeuvre du règlement (UE) 2016/679 du Parlement européen et 
du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à l'égard du traitement des 
données à caractère personnel et à la libre circulation de ces données, et abrogeant la directive 95/46/CE 
(règlement général sur la protection des données), portant modification du Code du travail et de la loi 
modifiée du 25 mars 2015 fixant le régime des traitements et les conditions et modalités d'avancement des 
fonctionnaires de l'État). http://legilux.public.lu/eli/etat/leg/loi/2018/08/01/a686/jo. 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                           
According to Articles 1(3) and 18 of the general discrimination Law of 28 November 2006 
and Article 1(5) of the public sector Law of 29 November 2006, harassment is considered 
to be discrimination when: 

‘An  unwanted  conduct  related  to  religion  or  belief,  disability,  age,  sexual 
orientation, race or ethnic origin takes place with the purpose or effect of violating 
the  dignity  of  a  person  and  of  creating  an  intimidating,  hostile,  degrading, 
humiliating or offensive environment’. 

The  general  statute  of  civil  service  contains  a  definition  of  moral  harassment,  which  is 
any  conduct  that,  by  its  repetition  or  systematisation,  harms  a  person’s  dignity  or 
physical integrity (Article 10-2). 

On  25  June  2009,  a  collective  agreement  was  signed  between  the  Luxembourg 
association  of  employers  (Union  des  Entreprises  Luxembourgeoises),  and  the  two  main 
trade  unions,  OGB-L  and  LCGB,  relating  to  harassment  and  violence  at  work.  The 
agreement was declared to be mandatory for  all employers and  employees by a grand-
ducal regulation of 15 December 2009. 

In Luxembourg, harassment does explicitly constitute a form of discrimination.  

Harassment is forbidden and defined as a type of discrimination by Articles 1(3) and 18 
(introducing Article L-251-1(3) of the  Labour  Code)  of the anti-discrimination Law of 28 
November  2006  and  by  Articles  1(5)  (introducing  Article  10(c),  paragraph  6  in  the 
amended  Law  of  16  April  1979,  establishing  the  general  statute  of  state  civil  servants) 
and  2(5)  (introducing  Article  12(c),  paragraph  5  in  the  amended  Law  of  24  December 
1985  establishing  the  general  statute  of  municipal  civil  servants)  of  the  anti-
discrimination Law of 29 November 2006. 

b) 

Scope of liability for harassment 

Where harassment is perpetrated by an employee, in Luxembourg the employer and the 
employee may be liable. The employer may be responsible under Article 1384(3)  of the 
Civil  Code,  which  provides  that  the  employer  is  responsible  for  damage  caused  by  their 
employees carried out during the course of their functions. 

2.5  Instructions to discriminate (Article 2(4)) 

a) 

Prohibition of instructions to discriminate 

In  Luxembourg,  instructions  to  discriminate  are  prohibited  in  national  law.  Instructions 
are  defined  as  the  behaviour  of  enjoining  somebody  to  practise  discrimination  against 
another person. A hierarchical relationship is not required. 

The relevant articles are Articles 1(4) and 18 (introducing Article 251-1(4) in the Labour 
Code)  of the Law of 28 November 2006 and Articles 1(3) (introducing Article 1bis(1)(b) 
in  the  amended  Law  of  16  April  1979  establishing  the  general  statute  of  state  civil 
servants)  and  2(3)  (introducing  Article  1bis(1)(b)  in  the  amended  Law  of  24  December 
1985  establishing  the  general  statute  of  municipal  civil  servants)  of  the  Law  of  29 
November  2006,  which  provide  that  discrimination  is  considered  as  any  behaviour 
consisting  in  ordering  someone  to  discriminate  against  people  for  one  of  the  following 
motives:  religion  or  belief,  disability,  age,  sexual  orientation,  race  or  ethnic  origin.  The 
prohibition of instruction to discriminate covers all the fields of the directive.  

In Luxembourg, instructions explicitly constitute a form of discrimination. 

17 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
b) 

Scope of liability for instructions to discriminate 

In Luxembourg, the instructor and the discriminator are liable. 

The  relevant  articles  are  Articles  1  and  18  (introducing  Article  251-1(4)  in  the  Labour 
Code)  of the Law of 28 November 2006 and Articles 1(3) (introducing Article 1bis(1)(b) 
in  the  amended  Law  of  16  April  1979  establishing  the  general  statute  of  state  civil 
servants)  and  2(3)  (introducing  Article  1bis(1)(b)  in  the  amended  Law  of  24  December 
1985  establishing  the  general  statute  of  municipal  civil  servants)  of  the  Law  of  29 
November 2006. 

2.6  Reasonable  accommodation  duties  (Article  2(2)(b)(ii)  and  Article  5 

Directive 2000/78) 

a) 

Implementation  of  the  duty  to  provide  reasonable  accommodation  for  people  with 
disabilities in the area of employment 

In Luxembourg, the duty to provide reasonable accommodation is included in the law and 
is defined. 

The  definition  can  be  found  in  Article  20  of  the  general  discrimination  Law  of  28 
November  2006.  This  article  also  amended  and  completed  Article  8  of  the  Law  on 
Disabled Persons of 12  September 2003.  The  wording of the general discrimination Law 
of 28 November 2006 transposing Directive 2000/78/EC is almost identical to that of the 
directive itself; this particularly applies to the definition of reasonable accommodation for 
disabled persons, which amends Article 8 of the Law of 12 September 2003: 

‘Employers  shall take appropriate measures, where needed in a particular case, to 
enable  a  person  with  a  disability  to  have  access  to,  participate  in,  or  advance  in 
employment,  or  to  undergo  training,  unless  such  measures  would  impose  a 
disproportionate burden on the employer.’ 

Article 5 of the UN Convention on the Rights of Persons with Disabilities is relevant in this 
context, given that Luxembourg adopted the convention in the Law of 28 July 2011.  

A mandatory duty to provide reasonable accommodation has not been explicitly imposed 
on the public employer, i.e. the State or other administrations, in the public sector law of 
29  November  2006,  probably  because  the  Law  of  12  September  2003  is  directed  at  all 
employers, both private and public. 

The national law does not define what a disproportionate burden would be for employers. 

b) 

Practice and case law 

Such  a  burden  would  not  be  considered  disproportionate  when  sufficiently  remedied  by 
the financial support measures contained in Article 26 of the grand-ducal regulation of 7 
October 2004. 

Article  26  of  the  grand-ducal  regulation  of  7  October  2004  provides  for  financial 
measures  to  support  the  adjustment  of  working  environments  and  access  to  a  place  of 
work,  for  the  purchase  of  professional  equipment  and  for  reimbursements  of  transport 
costs to the workplace. 

Only people who have  a 30 % disability and have been officially recognised as such are 
entitled to claim a reasonable accommodation. The provision applies to both private and 
public employers. 

18 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
There is no available information or case law about the disproportionate burden in cases 
where there is no public support to cover costs. 

c) 

Definition of disability and non-discrimination protection 

According  to  Article  1  of  the  Law  on  Disabled  Persons  of  12  September  2003,  the 
definition of a disability for the purpose of claiming a reasonable accommodation is more 
restrictive than for claiming protection from discrimination in general, as only people who 
have  a  30 %  disability  and  have  been  officially  recognised  as  such  are  entitled  to  claim 
under the duty to provide reasonable accommodation. This could be a breach of Directive 
2000/78 in terms of personal scope. 

d) 

Failure to meet the duty of reasonable accommodation for people with disabilities 

The  law  does  not  include  an  explicit  recognition  that  the  denial  of  reasonable 
accommodation constitutes disability-based discrimination. 

However, the interpretation of the laws should require that, if the laws are not respected, 
it will be deemed to be a case of discrimination. However, as yet there is no case law.  

The  comments  made  in  Parliament  on  the  Law  of  22  July  20085  concerning  access  for 
disabled persons with trained dogs indicate that refusing access to a disabled person with 
a trained dog to a building open to the public is indirect discrimination. 

Neither  the  anti-discrimination  Law  of  28  November  nor  the  Criminal  Code  provides  a 
specific sanction in case of failure to provide reasonable accommodation. Sanctions would 
therefore only be administrative or civil sanctions in such cases. 

e)  Duties  to  provide  reasonable  accommodation  in  areas  other  than  employment  for 

people with disabilities 

In  Luxembourg,  the  law  provides  only  a  limited  duty  to  provide  reasonable 
accommodation for people with disabilities outside employment. 

Article 2-5 of the Law of 15 July 2011 on access to school and professional qualifications 
of pupils with special educational needs provides for a  reasonable accommodation to be 
made  in  school,  including  high  school.  The  law  does  not  refer  to  university  but  to  adult 
education. However, the law makes no reference to ‘disproportionate burden’ and for the 
moment no case law exists in that respect. 

Article 5 of the UN Convention on the Rights of Persons with disabilities is also relevant in 
this context, but as yet there is no case law. The Government mentioned Article 5 of the 
CRPD in its five-year action plan for the implementation of the CRPD of 28 March 2012. 

f) 

Duties to provide reasonable accommodation in respect of other grounds 

In Luxembourg, there is no legal duty to provide reasonable accommodation in respect of 
other grounds in the public and/or the private sector. 

5   Luxembourg, Bill on access for disabled persons with trained dogs, (projet de loi relatif à l’accessibilité des 

lieux ouverts au public aux personnes handicapées accompagnées de chiens d’assistance) (5 July 2017), see 
the commentary on the articles: 
http://www.chd.lu/wps/PA_RoleDesAffaires/FTSByteServingServletImpl?path=EB95A6C0645B277B149A619
BC9EF1FF22EA0041C425EB89B3F0E4ECC10BB449C105C75BE032C2DA1B6723D37C409F09F$60AAD4E3F8
F7F81C28C4FC639480FDB5. 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                           
3 

PERSONAL AND MATERIAL SCOPE  

3.1  Personal scope 

3.1.1  EU  and  non-EU  nationals  (Recital  13  and  Article  3(2),  Directive  2000/43 

and Recital 12 and Article 3(2), Directive 2000/78) 

In  Luxembourg,  there  are  no  residence  or  citizenship/nationality  requirements  for 
protection  under  the  relevant  national  laws  transposing  the  directives.  Undocumented 
individuals would therefore also be protected under national law. 

3.1.2  Natural and legal persons (Recital 16, Directive 2000/43) 

a) 

Protection against discrimination 

In Luxembourg, according to Article 2 of the general discrimination Law of 28 November 
2006, the personal scope of anti-discrimination law covers natural and legal persons for 
the purpose of protection against discrimination. 

b) 

Liability for discrimination 

In Luxembourg, according to Article 2 of the general discrimination Law of 28 November 
2006, the personal scope of anti-discrimination law covers natural and legal persons for 
the purpose of liability for discrimination. 

3.1.3  Private and public sector including public bodies (Article 3(1)) 

a) 

Protection against discrimination 

In  Luxembourg,  the  personal  scope  of  national  law  covers  private  and  public  sector 
including public bodies for the purpose of protection against discrimination. 

The  provisions  can  be  found  in  Article  2  of  the  general  discrimination  Law  of  28 
November 2006 and Articles 1(2) and 2(2) of the public sector law of 29 November 2006. 

b) 

Liability for discrimination 

In  Luxembourg,  the  personal  scope  of  national  law  covers  private  and  public  sector 
including public bodies for the purpose of liability for discrimination. 

The  provisions  can  be  found  in  Article  2  of  the  general  discrimination  Law  of  28 
November 2006 and Articles 1(2) and 2(2) of the public sector law of 29 November 2006. 

3.2  Material scope 

3.2.1  Employment, self-employment and occupation  

In  Luxembourg,  national  legislation  applies  to  all  sectors  of  private  and  public 
employment,  self-employment  and  occupation, 
including  contract  work,  self-
employment, military service and holding statutory office, for the five grounds.  

The  provisions  can  be  found  in  Article  2(1)  of  the  general  discrimination  Law  of  28 
November 2006 and Articles 1(2) and 2(2) of the public sector law of 29 November 2006. 

20 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2  Conditions  for  access  to  employment,  to  self-employment  or  to 
occupation,  including  selection  criteria,  recruitment  conditions  and 
promotion,  whatever  the  branch  of  activity  and  at  all  levels  of  the 
professional hierarchy (Article 3(1)(a))  

In  Luxembourg,  national  legislation  prohibits  discrimination  in  the  following  areas: 
conditions  for  access  to  employment,  to  self-employment  or  to  occupation,  including 
selection criteria, recruitment conditions and promotion, whatever the branch of activity 
and  at  all  levels  of  the  professional  hierarchy,  for  the  five  grounds,  in  both  private  and 
public sectors, as described in the directives. 

The provisions in relation to the private sector can be found in Article 2(1)(a) of the Law 
of 28 November 2006. 

As far as public service is concerned, the areas in which discrimination is prohibited have 
not been named, so there is a difference of wording. However, as the anti-discrimination 
legislation covers the employment rules for civil servants and public employees, including 
trainees,  under  the  public  sector  law  of  29  November  2006,  access  to  public  service  is 
also covered, although this is through a complicated reference to articles of the general 
statute of civil servants. 

Nevertheless,  access  to  public  employment  is  expressly  exempted  from  the  Law  of  28 
November 2006. Access to public employment is covered by the  public sector law of 29 
November 2006 on public service, although the wording is so complicated that one has to 
refer  to  the  Opinion  of  the  Council  of  State  of  July  2006  on  the  draft  bill  in  order  to 
confirm the meaning of the aforementioned articles. 

3.2.3  Employment  and  working  conditions,  including  pay  and  dismissals 

(Article 3(1)(c)) 

In  Luxembourg,  national  legislation  prohibits  discrimination  in  working  conditions 
including  pay  and  dismissals,  for  all  five  grounds  and  for  both  private  and  public 
employment. 

The provisions in relation to the private sector can be found in Article 2(1)(c) of the Law 
of 28 November 2006. 

Working  conditions  in  the  public  service  are  covered  by  the  Law  of  29  November  2006 
through  a  complicated  reference  to  articles  of  the  general  statute  of  civil  servants, 
including such conditions as provided in the general statute of civil servants. 

3.2.4  Access  to  all  types  and  to  all  levels  of  vocational  guidance,  vocational 
training,  advanced  vocational  training  and  retraining,  including  practical 
work experience (Article 3(1)(b)) 

In Luxembourg, national legislation prohibits discrimination in vocational training outside 
the  employment  relationship,  such  as  adult  lifelong  learning  courses  or  vocational 
training provided by technical schools or universities.  

The provisions can be found in Article 2(1)(b) of the Law of 28 November 2006 and apply 
to the private and public sector. 

3.2.5  Membership  of,  and  involvement  in,  an  organisation  of  workers  or 
employers,  or  any  organisation  whose  members  carry  on  a  particular 
profession,  including  the  benefits  provided  for  by  such  organisations 
(Article 3(1)(d)) 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
In  Luxembourg,  national  legislation  prohibits  discrimination  in  the  following  areas: 
membership of, and involvement in workers’ or employers’ organisations as formulated in 
the directives for all five grounds and for both private and public employment. 

The provisions can be found in Article 2(1)(d) of the Law of 28 November 2006. 

3.2.6  Social protection, including social security and healthcare (Article 3(1)(e) 

Directive 2000/43) 

In Luxembourg, national legislation prohibits discrimination in social protection, including 
social security and healthcare, as formulated in the Racial Equality Directive. 

The  provisions  can  be  found  in  Article  2(1)(e)  of  the  Law  of  28  November  2006. 
Luxembourg law reaches further than Directive 2000/43 and covers all grounds including 
those covered also by Directive 2000/78/EC. 

a) 

Article 3.3 exception (Directive 2000/78) 

Article 3 of the general anti-discrimination Law of 28 November 2006 excludes payments 
of  any  kind  made  by  state  schemes  or  similar,  including  state  social  security  or  social 
protection schemes, from the scope of the anti-discrimination protection, for the grounds 
covered  by  Directive  2000/78/EC.  Discrimination  is,  however,  forbidden  on  grounds  of 
racial or ethnic origin as far as such payments or social schemes are concerned. 

3.2.7  Social advantages (Article 3(1)(f) Directive 2000/43) 

In  Luxembourg,  national  legislation  prohibits  discrimination  in  social  advantages  as 
formulated in the Racial Equality Directive. 

The  provisions  can  be  found  in  Article  2(1)(f)  of  the  Law  of  28  November  2006. 
Luxembourg law reaches further than Directive 2000/43 and covers all grounds including 
those covered also by Directive 2000/78/EC. 

3.2.8  Education (Article 3(1)(g) Directive 2000/43) 

In Luxembourg, national legislation prohibits discrimination in education as formulated in 
the Racial Equality Directive. 

The  provisions  can  be  found  in  Article  2(1)(g)  of  the  Law  of  28  November  2006.  The 
grounds that are covered are religion and belief, age, disability, sexual orientation, race 
and ethnic origin. 

a) 

Pupils with disabilities 

In  Luxembourg,  the  general  approach  to  education  for  pupils  with  disabilities  does  not 
raise  problems.  Where  possible,  pupils  with  disabilities  are  educated  in  mainstream 
education.  The  most  recent  data  available  is  for  2014-2015  (there  is  no  more  recent 
data), which shows that there were approximately 1 350 pupils with special educational 
needs. Of those:  

- 

- 

- 

58 %  were  fully  integrated  into  regular  education,  thanks  to  the  support  of 
multidisciplinary teams; 
25 %  were  educated  in  differentiated  classes  (special  education  classes  in 
mainstream schools); 
16 % were in separate institutions. 

There are no special provisions regarding higher education. 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
b) 

Trends and patterns regarding Roma pupils 

In Luxembourg, there are no specific trends and/or patterns (whether legal or societal) in 
education regarding Roma pupils, such as segregation. This seems to be due to the small 
number of Roma in Luxembourg. 

3.2.9  Access  to  and  supply  of  goods  and  services  that  are  available  to  the 

public (Article 3(1)(h) Directive 2000/43) 

In  Luxembourg,  national  legislation  prohibits  discrimination  in  access  to  and  supply  of 
goods and services as formulated in the Racial Equality Directive. 

The  provisions  can  be  found  in  Article  2(1)(h)  of  the  Law  of  28  November  2006.  The 
grounds that are covered are religion and belief, age, disability, sexual orientation, race 
and ethnic origin. 

The  provisions  do  not  apply  to  insurance  contracts  with  regard  to  age  and  disability, 
under condition that the dispensation is both objectively and reasonably justified. 

There is no provision in the laws as to whether the failure to adapt goods or a service to 
meet the needs of a person with a disability is a form of discrimination.  

a)  Distinction between goods and services available publicly or privately 

In  Luxembourg,  national law  does  not  distinguish  between  goods  and  services  available 
to the public (e.g. in shops,  restaurants, banks) and those only available privately (e.g. 
limited to members of a private association). 

The provisions can be found in Article 2(1)(h) of the Law of 28 November 2006. 

3.2.10  Housing (Article 3(1)(h) Directive 2000/43) 

In  Luxembourg,  national  legislation  prohibits  discrimination  in  housing  as  formulated  in 
the Racial Equality Directive. 

The  provisions  can  be  found  in  Article  2(1)(h)  of  the  Law  of  28  November  2006.  The 
grounds that are covered are religion and belief, age, disability, sexual orientation, race 
and ethnic origin. 

a) 

Trends and patterns regarding housing segregation for Roma 

In Luxembourg, there are no patterns of housing segregation and discrimination against 
the Roma. 

This seems to be due to the small number of Roma. 

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4 

EXCEPTIONS 

4.1  Genuine and determining occupational requirements (Article 4) 

In  Luxembourg,  national  legislation  provides  for  an  exception  for  genuine  and 
determining occupational requirements in accordance with the directive. 

The  provisions  can  be  found  in  Article  18  (introducing  Article  L-252-1(1)  in  the  Labour 
Code) of the Law of 28 November 2006.  

For the public sector, the relevant articles are: Article 1-3(3) of the public sector law of 
29 November 2006 on civil service, introducing Article 1bis(3) to the amended Law of 16 
April 1979 establishing the general statute of state civil servants and Article 2-3(3) of the 
public sector law of 29  November 2006, introducing Article 1bis(3) in the amended  Law 
of 24 December 1985 establishing the general statute of municipal civil servants. 

There is no case law on this issue. 

4.2  Employers with an ethos based on religion or belief (Article 4(2) Directive 

2000/78) 

In Luxembourg, Article 18 of the Law of 28 November 2006 introducing Article L-251-1 in 
the Labour Code and Article 1-3(3) of the Law of 29 November 2006 (introducing Article 
1bis(3)  to  the  amended  Law  of  16  April  1979  establishing  the  general  statute  of  state 
civil servants) provide for an exception for employers with an ethos based on religion or 
belief. 

The wording of the exception is in line with the directive. There is no case law. 

4.3  Armed  forces  and  other  specific  occupations  (Article  3(4)  and  Recital  18 

Directive 2000/78) 

In  Luxembourg,  national  legislation  does  not  provide  for  an  exception  for  the  armed 
forces in relation to age or disability discrimination (Article 3(4), Directive 2000/78). 

4.4  Nationality discrimination (Article 3(2)) 

a)  Discrimination on the ground of nationality 

In  Luxembourg,  national  law  includes  exceptions  relating  to  difference  of  treatment 
based on nationality.  

The relevant article is Article 2(2) of the Law of 28 November 2006, which provides that 
the  law  does  not  cover  difference  of  treatment  based  on  nationality  and  is  without 
prejudice  to  provisions  and  conditions  relating  to  the  entry  into  and  residence  of  third-
country  nationals  and  stateless  persons  on  the  national  territory,  and  to  any  treatment 
which  arises  from  the  legal  status  of  the  third-country  nationals  and  stateless  persons 
concerned. 

In  Luxembourg,  nationality  (as  in  citizenship)  is  mentioned  as  a  protected  ground  in 
national anti-discrimination law. 

b) 

Relationship between nationality and ‘racial or ethnic origin’ 

There  is  no  case  law  on  discrimination  matters  but  it  seems  conceivable  that 
discrimination based on nationality may be considered as indirect discrimination based on 

24 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the ethnic or racial background of the discriminated person, and thus enter the scope of 
the Law of 28 November 2006. 

4.5  Work-related family benefits (Recital 22 Directive 2000/78) 

a) 

Benefits for married employees 

If  employers  provide  certain  benefits  only  to  married  couples  and  not  to  those  in 
partnerships, this should not be considered as a form of discrimination forbidden by the 
anti-discrimination  laws  as  Luxembourg  introduced  same-sex  marriage  in  the  Law  of  4 
July  2014.  Following  the  line  of  case  law  in  Maruko,  Romer  and  Hay,  discriminating 
against  same-sex  partners  who  cannot  get  married,  could  be  considered  as  sexual 
orientation  discrimination,  as  their  partnership  places  those  individuals  in  a  comparable 
situation as spouses for the purpose of the specific benefit under consideration. 

However,  if  a  man  and  a  woman  living  in  a  registered  partnership  and  not  in  marriage 
were denied such benefits, the issue would be a possible breach of the general principle 
of  equality  (or  of  equality  based  on  gender),  rather  than  discrimination  based  on 
Directive  2000/78/EC.  Marital  status  is  not  included  in  the  national  general  principle  of 
equality. 

b) 

Benefits for employees with opposite-sex partners 

The  question  remains  open  whether  it  would  be  considered  as  a  form  of  discrimination 
forbidden by the anti-discrimination laws. Such discrimination could be found to exist on 
the  ground  of  sexual  orientation,  for  same-sex  partners  in  a  registered  partnership,  as 
benefits  should  be  granted  to  couples  living  permanently  together,  whether  married  or 
registered  partners.  Such  discrimination  is  forbidden  by  Article  2(1)  of  the  general 
discrimination Law of 28 November 2006. 

4.6  Health and safety (Article 7(2) Directive 2000/78) 

In  Luxembourg,  there  are  exceptions  in  relation  to  disability  and  health  and  safety 
(Article 7(2), Directive 2000/78). 

The  relevant  articles  are:  Article  18  (introducing  Article  L-252-3  of  the  Labour  Code)  of 
the  general  discrimination  Law  of  28  November  2006  and,  Article  1-3(2)  of  the  public 
sector  Law  of  29  November  2006  on  civil  service,  (introducing  Article  1bis(2)  in  the 
amended  Law  of  16  April  1979,  establishing  the  general  statute  of  state  civil  servants) 
and  Article  2-3(2)  of  the  public  service  sector  Law  of  29  November  2006,  (introducing 
Article  1bis(2)  in  the  amended  Law  of  24  December  1985,  establishing  the  general 
statute of municipal civil servants). 

According to these  articles, provisions on the protection of health and safety at work or 
measures  aimed  to  create  or  maintain  provisions  or  facilities  for  safeguarding  or 
promoting  disabled  people  in  the  working  environment  are  not  considered  as  direct  or 
indirect discrimination. 

4.7  Exceptions  related  to  discrimination  on  the  ground  of  age  (Article  6 

Directive 2000/78) 

4.7.1  Direct discrimination 

In Luxembourg, national law provides for specific exception(s) for direct discrimination on 
the ground of age.  

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 18 of the general discrimination Law of 28 November 2006, introducing Article L-
252-2 of the Labour Code has transposed the exception of Article 6 of Directive 2000/78. 

Article 1-3(4) of the public sector law of 29 November 2006 on civil service, introducing 
Article  1bis(4)  in  the  amended  Law  of  16  April  1979  establishing  the  general  statute  of 
state  civil  servants  and  Article  2-3(4)  of  the  public  sector  Law  of  29  November  2006, 
introducing  Article  1bis(4)  in  the  amended  Law  of  24  December  1985  establishing  the 
general statute of municipal civil servants, provide for the same exception. 

a) 

Justification of direct discrimination on the ground of age 

In  Luxembourg,  national  law  provides  for  justifications  for  direct  discrimination  on  the 
ground of age.  

Article 18 of the general discrimination Law of 28 November 2006, introducing Article L-
252-2 of the Labour Code justifies, in specified circumstances direct discrimination on the 
ground of age, for example in employment policy and for the purposes of labour market 
and vocational training objectives. 

The test should, in theory, be compliant with the ECJ case law of Mangold C-144/04 and 
Kücükdeveci  C-555/07,  but  it  will  be  up  to  the  courts  to  decide  in  practice.  For  the 
moment, there is no case law in Luxembourg. 

b) 

Permitted differences of treatment based on age 

In Luxembourg, national law permits differences of treatment based on age for activities 
within the material scope of Directive 2000/78 only in general terms.  

c) 

Fixing  of  ages  for  admission  or  entitlement  to  benefits  of  occupational  pension 
schemes 

In Luxembourg, national law does not allow occupational pension schemes to fix ages for 
admission to the scheme or entitlement to benefits, taking up the possibility provided for 
by Article 6(2). 

4.7.2  Special  conditions  for  young  people,  older  workers  and  persons  with 

caring responsibilities  

In  Luxembourg,  there  are  special  conditions  set  by  law  for  older  or  younger  workers  in 
order  to  promote  their  vocational  integration,  for  members  of  staff  delegations,  and  for 
health and safety representatives in order to ensure their protection.  

The  Law  of  23  March  2001  protects  young  workers  (basically  those  under  18),  children 
and  adolescents  as  far  as  working  conditions  are  concerned.  This  law  has  since  been 
incorporated in the Labour Code, in Articles L-341-1 to L-345-2. 

The  Law  of  31  July  2012,  amending  Article  L-523-1(2)  of  the  Labour  Code,  introduces 
special conditions for unemployed people who are over 50 years old. 

Article L-524-2 of the Labour Code provides for special conditions for the employment of 
applicants who are over 45 years old. 

Article  L-541-1  to  541-4  of  the  Labour  Code  provides  aids  for  the  recruitment  of  older 
unemployed workers and the long-term unemployed. 

26 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
4.7.3  Minimum and maximum age requirements 

In  Luxembourg,  there  are  exceptions  permitting  minimum  and/or  maximum  age 
requirements  in  relation  to  access  to  employment  (notably  in  the  public  sector)  and 
training. 

At the level of the municipalities, a grand-ducal regulation of 20 December 1990, which 
provides for the general rule that applicants must be 18 years old at the moment of their 
provisional appointment, allows for several exceptions: 

- 
- 
- 
- 
- 
- 

for some positions the minimum age is set at 17 years; 
for the job of concierge, the minimum age is 25 years; 
for the job of firefighter, the applicant must be no more than 28 years old; 
for the job of judge the minimum age is 25 (Law of 7 March 1980);  
for the job of prosecutor, the minimum age is 25 (Law of 7 March 1980); 
for the job of notary, the minimum age is 25 (Law of 9 December 1976). 

4.7.4  Retirement  

a) 

State pension age 

In Luxembourg, the state pension age is 65. 

If an individual wish to work longer, the pension cannot be deferred. 

An individual can collect a pension and still work. 

The relevant provisions are Articles 182 to 237 of the Social Security Code. 

b)  Occupational pension schemes 

In Luxembourg, there is no normal age when people can begin to receive payments from 
occupational pension schemes and other employer-funded pension arrangements.  

An individual can collect a pension and still work. 

The  Law  on  Occupational  Pension  Schemes  of  8  June  19996  does  not  provide  for  a 
standard age at which  to begin receiving such occupational pension payments. This law 
does not alter the other legal rules relating to pension age. 

c) 

State imposed mandatory retirement ages 

In  Luxembourg,  there  is  no  state-imposed  mandatory  retirement  age  in  the  private 
sector. 

In  the  public  sector  the  retirement  age  is  65  years.  Exceptionally,  a  civil  servant  can 
remain in office until the age of 68 on request. The employer has to give consent and has 
no obligation to maintain the civil servant in office. 

For officers and non-commissioned officers in the army the retirement age is 55 years.  

6   Luxembourg, Law on occupational pension schemes amending different previous laws, 8 June 1999 (Loi du 

8 juin 1999 relative aux régimes complémentaires de pension et portant modification a) de la loi modifiée 
du 4 décembre 1967 concernant l'impôt sur le revenu, b) de la loi modifiée du 24 mai 1989 sur le contrat de 
travail, c) de la loi modifiée du 18 mai 1979 portant réforme des délégations du personnel et d) de la loi 
modifiée du 6 mai 1974 instituant des comités mixtes dans les entreprises du secteur privé et organisant la 
représentation des salariés dans les sociétés anonymes) ; Mem. A 074 du 17.06.1999, p.1644. 

27 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                           
For the police forces and members of the gendarmerie the retirement age is 60 years. 

The  relevant  provisions  can  be  found  in  Article  2  along  with  Article  8  of  the  Law  of  26 
May 1954, governing the pensions of state civil servants. 

d) 

Retirement ages imposed by employers 

In Luxembourg, national law does not permit employers to set retirement ages (or ages 
at  which  the  termination  of  an  employment  contract  is  possible)  by  contract  and/or 
collective bargaining and/or unilaterally.  

e) 

Employment rights applicable to all workers irrespective of age 

The  law  on  protection  against  dismissal  and  other  laws  protecting  employment  rights 
apply  to  all  workers  irrespective  of  age,  even  if  they  remain  in  employment  after 
attaining pensionable age or any other age.  

f) 

Compliance of national law with CJEU case law 

In  Luxembourg,  national  legislation  should  be  in  line  with  the  CJEU  case  law  on  age 
regarding mandatory retirement, however, there is no case law in Luxembourg as yet. 

4.7.5  Redundancy 

a) 

Age and seniority taken into account for redundancy selection 

In Luxembourg, national law does not permit age or seniority to be taken into account in 
selecting workers for redundancy. 

b) 

Age taken into account for redundancy compensation 

In Luxembourg, national law provides compensation for redundancy. Such compensation 
is affected by the age of the worker.  

In  Luxembourg,  Article  L-124-6  and  124-12  of  the  Labour  Code  (Law  of  31  July  2006) 
provides compensation for redundancy.  

Article L-124-7(1) of the Labour Code grants severance pay to employees who have been 
in the service of the same employer for a minimum of five years, but this compensation 
will not be paid to them if they can benefit from a normal old-age pension. 

Consequently,  this  measure  deprives  certain  workers  of  the  right  to  compensation  for 
redundancy, only for the reason that they can claim a normal old-age pension. 

4.8  Public  security,  public  order,  criminal  offences,  protection  of  health, 
protection  of  the  rights  and  freedoms  of  others  (Article  2(5),  Directive 
2000/78) 

In Luxembourg, national law does not include exceptions that seek to rely on Article 2(5) 
of the Employment Equality Directive. 

4.9  Any other exceptions 

In  Luxembourg,  other  exceptions  to  the  prohibition  of  discrimination  (on  any  ground) 
provided in national law are the following:  

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article  2(2)  of  the  general  discrimination  Law  of  28  November  2006  provides  for  an 
exception  relating  to  differences  of  treatment  based  on  nationality  or  relating  to  the 
entry,  stay  and  employment  of  third-country  foreigners  or  stateless  persons,  including 
any treatment relating to the legal status of such persons. 

Also,  the  general  discrimination  law  does  not  apply  to  payments  of  any  kind  made  by 
state schemes or similar, including state social security or social protection schemes, for 
the  prohibition  of  all  discrimination  based  on  motives  other  than  race  or  ethnic  origin 
(Article 3). 

Insurance  contracts  were  taken  out  of  the  scope  of  Article  2(1)  of  the  Law  of  28 
November  2006.  Insurance  contracts  are  now  excluded  from  the  prohibition  of 
discrimination and thus are not covered by the category of ‘access to and supply of goods 
and services which are available to the public’. 

29 

 
 
 
5 

POSITIVE  ACTION  (Article  5  Directive  2000/43,  Article  7  Directive 
2000/78) 

a) 

Scope for positive action measures 

In Luxembourg, positive action is permitted in national law  in respect of racial or ethnic 
origin, religion or belief, disability, age or sexual orientation 

As  far  as  employment  is  concerned,  the  provisions  relating  to  positive  action  can  be 
found in: 

- 

- 

- 

Article  18  (introducing  Article  252-3  in  the  Labour  Code)  of  the  Law  of  28 
November 2006, which provides that: 

‘In  order  to  ensure  full  equality  in  practice  the  principle  of  equal  treatment 
does not prevent the maintaining or adoption of specific measures to prevent 
or  compensate  for  disadvantages  linked  to  one  of  the  grounds  mentioned  in 
Article L-251-1 paragraph (1)’; 

Article:  1-3(2)  (introducing  Article  1bis(2)  in  the  amended  Law  of  16  April  1979 
establishing the general statute of state civil servants; 
Article  2-3(2)  (introducing  Article  1bis(2)  in  the  amended  Law  of  24  December 
1985 establishing the general statute  of municipal civil servants)  of the  Law of 29 
November 2006, which provides that:  

‘In  order  to  ensure  full  equality  in  practice  the  principle  of  equal  treatment 
does not prevent the maintaining or adoption of specific measures to prevent 
or  compensate  for  disadvantages  linked  to  one  of  the  grounds  mentioned  in 
section 1’. 

There  are  no  provisions  in  the  law  regarding  positive  action  outside  the  field  of 
employment. 

b)  Quotas in employment for people with disabilities 

In  Luxembourg,  national  law  provides  for  quotas  for  people  with  disabilities  in 
employment. 

A minimum proportion of 5 % of public sector employees must be disabled workers. 

For the private sector, employers with 25 employees must employ one disabled worker; 
the  proportion  of  disabled  workers  must  be  2 %  for  50  employees  and  4 %  for  300 
employees.  If  the  employer  refuses  to  employ  the  requested  numbers  of  disabled 
workers, they must pay a fine corresponding to 50 % of the social minimum salary to the 
Public Treasury. In practice, no sanction is applied.  

According  to  the  most  recent  statistics  from  2016,  only  3 400  disabled  workers  were 
employed,  18 %  in  the  public  sector,  40 %  in  the  private  sector  and  42 %  in  sheltered 
workshops.  The  statistics  only  cover  workers  officially  recognised  as  having  a  30 % 
disability.  

30 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6 

REMEDIES AND ENFORCEMENT  

6.1  Judicial  and/or  administrative  procedures  (Article  7  Directive  2000/43, 

Article 9 Directive 2000/78) 

a) 

Available procedures for enforcing the principle of equal treatment 

In  Luxembourg,  the  following  procedures  exist  for  enforcing  the  principle  of  equal 
treatment: judicial and alternative dispute resolution such as mediation.  

An individual may, acting alone, lodge a criminal complaint in court.  The use of a lawyer 
is  not  required.  However,  the  state  prosecutor  will  decide  whether  it  is  worthwhile 
proceeding  with  the  case  (Article  23-1  of  the  Criminal  Procedure  Code).  It  may  take  a 
long time until the case is brought to court. Once a criminal complaint has been lodged, 
individual victims of discrimination may not use a supplementary private prosecution, but 
they can raise a private prosecution following a decision by the state prosecutor to refuse 
to  prosecute  the  case.  Finding  evidence  is  a  crucial  problem,  which  may  hinder  the 
proper prosecution of the author of discrimination. 

The victim may also apply directly to the examining judge (juge d’instruction) if he or she 
claims to have suffered discrimination; in this case, it is up to the victim to estimate the 
extent  of  the  loss  and  claim  damages  in  criminal  proceedings.  Often  the  judge  will 
require that the claimant pay a guarantee to cover the costs of the court fees. 

The victim may also claim damages in a civil court based on the criminal offence. In this 
context the shift of burden of proof is applicable. 

Complaints of discrimination at work can also be presented to the labour court. According 
to the general discrimination Law of 28 November 2006, workers’ associations (i.e. trade 
unions)  or  associations  of  national  significance  fighting  discrimination  and  approved  by 
the Ministry of Justice may support the victim in a court case. Such a right is not granted 
to churches according to the law. 

It must be noted that the Inspectorate of the Ministry of Labour (l’Inspection du Travail 
et  des  Mines),  is  competent  to  oversee  compliance  with  labour  law  regulations.  The 
Inspectorate  was  also  given  the  role  of  a  watchdog  in  relation  to  anti-discrimination 
legislation under Directive 2000/78/EC.  

According to Article 5 of the general discrimination law, victims of discrimination can also 
claim  damages  on  the  basis  of  the  general  discrimination  law,  outside  the  field  of 
employment, before the civil or the administrative courts. 

The  Law  of  6  May  1999  on  penal  mediation  enables  the  state  prosecutor  to  use 
mediation, where it appears that such a remedy is likely to ensure that compensation or 
damages  will  be  paid  to  the  victim,  or  indeed  to  bring  a  conclusion  to  the  disturbance 
resulting  from  the  offence,  or  in  addition  contribute  to  the  rehabilitation  of  the  person 
committing  the  offence.  However,  such  a  procedure  is  non-binding  and  must  be  used 
prior to any criminal investigation. 

As  far  as  the  public  sector  is  concerned,  civil  servants  may  bring  a  case  to  the 
administrative courts, if they feel that they have been discriminated against. 

Article  33  of  the  general  statute  enables  civil  servants  to  make  a  complaint  against  the 
behaviour of another civil servant. Such a procedure is administrative but can lead to the 
administrative court if the complaint is rejected by the upper hierarchy. Such a complaint 
can  only  lead  to  administrative  or  financial  sanctions  against  the  author,  rather  than  to 
civil or penal sanctions. 

31 

 
 
 
 
 
 
 
 
 
 
 
 
 
The  public  sector  Law  of  29  November  2006  introduces  the  same  anti-discrimination 
procedures  as  for  private  relations:  a  civil  servant  may  make  use  of  the  criminal 
procedure  or  of  civil  proceedings  in  court  or  even  complain  against  other  civil  servants 
and try to obtain disciplinary sanctions against a discriminator who is also a civil servant. 

b) 

Barriers and other deterrents faced by litigants seeking redress 

Cases  can  be  brought  to  the  courts  even  after  the  termination  of  the  employment 
contract.  However,  in  general,  the  deadline  for  submitting  a  case  to  the  labour  court  is 
restricted to three months after the end of the contract, with the possibility of extending 
the deadline to one year when protesting in due time against the reasons for dismissal. 

The  complex  character  of  the  legislation  works  as  a  deterrent  to  victims,  who  find  it 
difficult to act in full knowledge of the complex procedures. 

The  proceedings  before  the  criminal  court  must  be  filed  within  five  years  of  the  offence 
(Article 638 of the Criminal Code, as amended). 

The  costs  of  a  legal  procedure,  due  to  the  lawyers’  fees,  may  cause  people  without 
sufficient financial means to renounce such lawsuits. However, the legal aid system offers 
the potential to ask the Bar to provide a lawyer paid for by the state, due to the victim’s 
low income. 

There  is  currently  no  obligation  for  public  authorities  to  make  all  public  buildings  fully 
accessible  to  disabled  people.  Only  newly  built  or  refurbished  buildings  have  to  be 
accessible  to  disabled  people.  There  are  no  binding  rules  relating  to  the  adoption  of 
measures such as signed interpretation or the provision of information in Braille. 

c) 

Number of discrimination cases brought to justice 

In  Luxembourg,  there  are  no  available  statistics  on  the  number  of  cases  related  to 
discrimination brought to justice. The number of cases brought before the law is  almost 
non-existent. 

d) 

Registration of discrimination cases by national courts 

In Luxembourg, discrimination cases are not registered as such by national courts.  

6.2  Legal  standing  and  associations  (Article  7(2)  Directive  2000/43,  Article 

9(2) Directive 2000/78) 

a) 

Engaging on behalf of victims of discrimination (representing them) 

In Luxembourg, associations/organisations/trade unions are not entitled to act on behalf 
of victims of discrimination. 

b) 

Engaging in support of victims of discrimination (joining existing proceedings) 

In Luxembourg, associations/organisations/trade unions are entitled to act in support of 
victims of discrimination. NGOs are not involved in such actions in practice. 

According  to  Article  7  of  the  general  discrimination  Law  of  28  November  2006, 
associations that are recognised by the Ministry of Justice can exercise before the law the 
rights given to victims of discrimination if some damage has been made to the cause that 
they promote. 

32 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
To  be  able  to  be  recognised  by  the  Ministry  of  Justice,  associations  must  not  only  be 
nationally representative in the field of anti-discrimination, but must also meet two other 
conditions: 

- 
- 

the fight against discrimination must be one of their statutory goals; 
they have legally existed for five years prior to the facts under consideration. 

Such  associations  may  assist  a  victim  of  discrimination  (for  example  by  giving  legal 
advice) before civil, criminal and administrative courts, if some damage has been made 
to the cause that they promote. 

There are no special provisions on victim consent in the law. 

For individual victims, however, the consent of such a victim must be given in writing. A 
representative of the NGO (for example, a member of the board) may assist the victim or 
a lawyer acting on their behalf. 

According  to  Article  18  of  the  general  discrimination  Law  of  28  November  2006 
introducing Article L-253-4 in the Labour Code, labour unions that have general national 
representation or representation in one particularly important sector of the economy are 
entitled  to  intervene  in  actions  arising  from  a  collective  agreement  if  the  action  is 
instigated  by  a  person  bound  by  the  collective  agreement  and  if  the  solution  of  the 
dispute can present a collective interest for its members. 

c) 

Actio popularis 

In Luxembourg, national law allows associations / organisations / trade unions to act in 
the public interest on their own behalf, without a specific victim to support or represent 
(actio popularis). 

Associations recognised by the Ministry of Justice can exercise before administrative and 
civil  courts  the  rights  recognised  to  a  victim  of  discrimination  if  some  direct  or  indirect 
damage has been made to the cause that they promote. 

The provisions can be found in Articles 7 and 18 (introducing Article 253-4 in the Labour 
Code)  of  the  Law  of  28  November  2006,  Article  1-6  (introducing  Article  36(a)  in  the 
amended  Law  of  16  April  1979  establishing  the  general  statute  of  state  civil  servants) 
and  Article  2-6  (introducing  Article  47(a)  in  the  amended  Law  of  24  December  1985 
establishing  the  general  statute  of  municipal  civil  servants)  of  the  Law  of  29  November 
2006. 

Any kind of proceedings is open to such associations, without any difference of standing. 

Associations may ask for all remedies that are provided for by the law to be applied, such 
as  redress  in  the  case  of  victimisation,  the  annulment  of  any  written  discriminatory 
document or clause or the annulment of any dismissal. They may ask for damages to be 
paid. 

So  far  there  has  been  no  case  where  these  provisions  have  been  used  in  practice  by 
associations and NGOs. 

d) 

Class action 

In Luxembourg, national law does not allow associations / organisations / trade unions to 
act in the interest of more than one individual victim (class action) for claims arising from 
the same event. 

33 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.3  Burden of proof (Article 8 Directive 2000/43, Article 10 Directive 2000/78) 

In Luxembourg, national law requires a shift of the burden of proof from the complainant 
to the respondent.  

Article  5  of  the  general  discrimination  Law  of  28  November  2006  has  introduced  the 
mechanism of the shifting of the burden of proof in civil and administrative procedures in 
the same way as provided for by the directives. 

The  most  recent  case  is  from  11  December  2003,  where  the  labour  court  decided  that 
according to Article L-244-3, concerning the burden of proof: 

‘As  soon  as  a  person  who  considers  himself  hurt  by  the  non-compliance  towards 
him/her with the principle of the equal treatment, establishes facts which allow the 
presumption  of  the  existence  of  direct  or  indirect  discrimination,  the  defendant 
must prove that there was no violation of the principle of equal treatment.’ 

No  difference  is  made  between  different  types  of  discrimination,  so  no  criteria  may  be 
determined.  

The  partial  shift  in  the  burden  of  proof  does  not  apply  in  reasonable  accommodation 
cases. 

The  shifting  of  the  burden  of  proof  is  excluded  from  criminal  proceedings  according  to 
Article 253-2(2) of the Labour Code. 

6.4  Victimisation (Article 9 Directive 2000/43, Article 11 Directive 2000/78) 

In Luxembourg, there are legal measures of protection against victimisation. 

Articles  4  and  18  (introducing  Article  L-253-1  of  the  Labour  Code)  of  the  general 
discrimination  Law  of  28  November  2006  introduce  a  protection  mechanism  against 
victimisation and cover the full material scope of both directives for all grounds. 

The same protection mechanism applies to civil servants, according to Articles 1(7) and 
2(7) of the public sector Law of 29 November 2006 on public service. 

6.5  Sanctions and remedies (Article 15 Directive 2000/43, Article 17 Directive 

2000/78) 

a) 

Applicable sanctions in cases of discrimination – in law and in practice 

The offences referred to in the amended Article 455 of the Criminal Code are punishable 
by imprisonment for eight days to two years, or a fine of EUR 250 to 25 000, or both. 

According  to  Article  456,  if  the  discrimination  is  committed  by  a  person  holding  public 
authority  or  responsible  for  public  service  duties  in  the  exercise  or  on  the  occasion  of 
exercising  his/her  functions  or  duties,  the  penalties  are  increased  to  imprisonment  for 
one month to three years, and a fine of EUR 250 to 37 500, if the offence involves: 

1. 
2. 

refusing the benefit of a right granted by law; 
hindering the normal exercise of any business. 

Furthermore,  the  authors  of  discrimination  may  be  punished  by  the  prohibition  of 
exercising  certain  rights  as  provided  by  Article  24  of  the  Criminal  Code  (Article  457-4), 
such  as  serving  as  a  civil  servant,  voting,  wearing  official  insignias,  being  an  expert, 
being a witness in court or teaching in school. 

34 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article  6  of  the  general  discrimination  Law  of  28  November  2006  uses  the  wording  of 
Article  16(b)  of  Directive  2000/78/EC.  Thereby,  any  provisions  contrary  to  the  principle 
of  equal  treatment,  which  are  included  in  contracts  or  collective  agreements,  internal 
rules  of undertakings or  rules governing the  workers’ and employers’  organisations, are 
to  be  declared  null  and  void.  The  prohibition  also  applies  to  both  non-profit  and  profit-
making associations. 

Article  L-253-1  of  the  Labour  Code  introduced  by  the  general  discrimination  Law  of  28 
November  2006  deems  any  dismissal  on  the  ground  of  discrimination  illegal,  so  that  a 
dismissed worker may ask for their reinstatement in their workplace at the labour court. 
Summary proceedings (procedure en référé) may be used in such circumstances. 

The victim can also claim damages according to the general principles of civil law. 

b) 

Ceiling and amount of compensation 

The  victim  may  bring  a  case  to  a  civil  court  based  on  a  criminal  offence  or  ask  for 
damages  in  a  criminal  court,  but  there  are  no  ceilings  provided  for  by  law  for  such 
financial  compensation,  which  is  awarded  by  a  judge  according  to  their  independent 
decision. The damages are of pecuniary nature. 

c) 

Assessment of the sanctions 

As  there  is  no  existing case  law it is  difficult  to  say  whether  the  available  sanctions  are 
effective, proportionate and dissuasive. 

35 

 
 
 
 
 
 
 
 
7 

a) 

BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive 
2000/43) 

Body/bodies  designated  for  the  promotion  of  equal  treatment  irrespective  of 
racial/ethnic origin according to Article 13 of the Racial Equality Directive 

The equality body was created by the general discrimination Law of 28 November 2006, 
and is called the Centre for Equal Treatment, Centre pour l’Egalité de Traitement (CET). 
Its remit relates to all grounds covered by both directives. 

b)   Political, economic and social context for the designated body 

The Centre for Equal Treatment (CET) is under the auspices of the Chamber of Deputies.  

The original budget of the CET in 2008 was EUR 200 000 and this was increased to EUR 
220 000  in  2009.  The  budget  for  2018  of  the  CET  is  EUR  87 000.  This  decrease  can  be 
explained  by  the  fact  that  the  budgetary  needs  of  the  body  decreased  after  it  was 
established. 

There is no real popular debate on equality and diversity. 

c)  

Institutional architecture  

The main mandate of the CET is to act as a national equality body. 

The CET was also designated as national independent mechanism for the promotion and 
monitoring of the Convention on the Rights of Persons with Disabilities by Article 2 of the 
Law of 28th July 2011. It exercises this duty in conjunction with the CCDH (Consultative 
Commission on Human Rights - Commission Consultative des Droits de l’Homme). There 
is  no  separation  between  the  mandate  of  the  CET  as  equality  body  and  its  mandate  as 
the CRPD monitoring mechanism. 

d) 

Status of the designated body/bodies – general independence 

i) 

Status of the body 

The  body  is  a  separate  body.  According  to  Article  11  of  the  Law  of  28 
November 2006, the CET is governed by a body of five members, including a 
chairperson,  who  are  appointed  for  five  years  by  the  Grand  Duke  on  the 
nomination of the Parliament (Chambre des Députés) according to their skills 
in  anti-discrimination  matters.  The  functions  of  members  of  the  CET  are 
incompatible  with  the  office  of  deputy,  member  of  the  State  Council  or 
member of the Government. 

Once  a  year,  a  report  must  be  submitted  to  the  Government  and  to 
Parliament.  

Funding  comes  from  the  general  state  budget.  Until  2017  the  body  was 
accountable  to  the  Ministry  of  Family  and  controlled  by  the  Ministry  of 
Finance.  Since  2018  the  body  has  been  accountable  to  the  Parliament 
(Chambre des Députés). The Centre for Equal Treatment has two employees. 
There has been no discussion on increasing financial support for the CET. 

The  Centre  for  Equal  Treatment  adopts  its  own  rules  of  procedure,  which 
define its internal organisation, function and working procedures. 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ii) 

Independence of the body 

According to Article 9 of the Law of 28 November 2006, the CET carries out its 
functions independently. This independence exists in practice.  

e)  Grounds covered by the designated body/bodies 

The  designated  body  has  a  mandate  to  deal  with  the  grounds  of  race,  ethnic  origin, 
gender,  religion  or  belief,  disability,  age  and  sexual  orientation.  It  can  also  deal  with 
discrimination against migrants, but they are not a priority issue. 

Gender and disability issues have been given the most attention in the last two years and 
most  actions  promoted  by  the  CET  covered  those  two  fields.  Race  is  also  an  important 
issue in respect of the inquiries that the CET has dealt with in the last few years. 

f) 

Competences of the designated body/bodies – and their independent exercise 

i) 

Independent assistance to victims 

In  Luxembourg,  the  designated  body  does  have  the  competence  to  provide 
independent assistance to victims. 

The CET may provide assistance to victims by advising and signposting them 
in  order  to  inform  them  on  their  rights  and  the  legislation  –  including  the 
available procedures and case law. 

The CET exercises its competence in an independent manner. 

ii) 

Independent surveys and reports 

In  Luxembourg,  the  designated  body  does  have  the  competence  to  conduct 
independent surveys and publish independent reports.  The activity report for 
2017 was published on 18 April 2018. No surveys were published in 2017 and 
2018 

The competence of the CET is effectively exercised in an independent manner.  

iii)  Recommendations 

In  Luxembourg,  the  designated  body  has  the  competence  to  issue 
independent  recommendations  on  discrimination  issues.  In  2017  and  2018 
the  CET  made  recommendations  to  the  Government  on  non-discrimination 
issues in relation to making certain amendments to the legislation.  

The competence of the CET is effectively exercised in an independent manner.  

iv)  Other competences 

According  to  Article  9  of  the  Law  of  28  November  2008,  the  function  of  the 
CET is to promote, analyse and monitor equal treatment between all persons 
without  discrimination  on  the  basis  of  race,  ethnic  origin,  sex,  sexual 
orientation,  religion  or  beliefs,  disability  or  age.  The  CET  also  carries  out 
awareness-raising  campaigns,  communication  and  the  promotion  of  anti-
discrimination. 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
g) 

Legal standing of the designated body/bodies 

In  Luxembourg,  the  designated  body  (the  CET)  does  not  have  legal  standing  to  bring 
discrimination  complaints  on  behalf  of  identified  victims  to  the  court  or  to  intervene  in 
legal cases concerning discrimination.  

h)  Quasi-judicial competences 

In Luxembourg, the body is not a quasi-judicial institution. It can only try to mediate or 
issue recommendations. It has difficulties in getting the state administrations to reply to 
its  letters.  As  it  cannot  make  binding  decisions,  there  are  no  options  to  appeal  to  any 
superior institution. 

i) 

Registration by the body/bodies of complaints and decisions 

In Luxembourg, the body registers the number of discrimination complaints received by 
group, field, type of discrimination etc. 

These data are available to the public through the annual report of the CET.7 

In 2018, the centre registered 126 new cases. The grounds were: age (11), religion (8), 
multiple discrimination (14), sexual orientation (6), gender (24), disability (39), race or 
ethnic origin (21), and other (27). 

The incoming files are divided into one of five fields even if they are not a discrimination 
case: 

- 

- 
- 
- 
- 

access to and supply of goods and services that are available to the public, 
including housing: 44 cases (30 %); 
employment: 58 cases (39 %) 
education: 9 cases (6 %); 
social protection, including social security and healthcare: 5 cases (3 %); 
others: 33 cases (22 %). 

j) 

Stakeholder engagement  

In  Luxembourg,  the  designed  body  does  engage  with  stakeholders  as  part  of 
implementing its mandate. 

The CET has regular contact with civil society associations, business, employers, service 
providers  networks  and  organisations,  public  bodies,  local  government  entities,  trade 
unions  or  employee  associations,  in  order  to  promote  and  inform  them  about  anti-
discrimination law. For  example, in 2017, 2016 and 2015 the CET, in collaboration with 
the  CCDH  (Consultative  Commission  on  Human  Rights)  and  Info-Handicap,  organised 
empowerment  meetings  with  experts  on  the  Convention  on  the  Rights  of  Persons  with 
Disabilities. 

k) 

Roma and Travellers 

Due to the small number of Roma it is not a priority issue. 

7  See: http://cet.lu/fr/2019/05/rapport2018/. 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                           
8 

IMPLEMENTATION ISSUES  

8.1  Dissemination  of  information,  dialogue  with  NGOs  and  between  social 

partners 

a)  Dissemination  of  information  about  legal  protection  against  discrimination  (Article 

10 Directive 2000/43 and Article 12 Directive 2000/78)  

On  13  July  2018,  the  Luxembourg  Government  adopted  a  national  action  plan  for  the 
promotion of the rights of lesbians, gays, bisexual, transgender and intersex persons.8 

The plan is divided in eight thematic chapters: 

education;  

1. 
2.   employment and work; 
3.   health; 
family; 
4. 
reception and integration; 
5.  
6.   discrimination, hate crimes and hate speech; 
7.   equal rights for transgender people; 
8.   equal rights of intersex persons. 

b)  Measures to  encourage dialogue with NGOs  with a view to promoting the principle 

of equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78)  

No such measures could be identified. 

c)  Measures to promote dialogue between social partners to give effect to the principle 
of  equal  treatment  within  workplace  practices,  codes  of  practice,  workforce 
monitoring (Article 11 Directive 2000/43 and Article 13 Directive 2000/78) 

In  2018,  the  CET  published  a  brochure  entitled:  ‘Recruitment  without  discrimination.  A 
practical  guide  for  workers’.9  The  purpose  of  the  brochure  is  to  explain  to  employees 
what criteria of employment are to be considered as discriminatory and what their rights 
are. 

d) 

Addressing the situation of Roma and Travellers  

As there are very few Roma and Travellers in Luxembourg, there is currently no special 
action addressing their situation. 

The  Ministry  of  Family  Affairs,  Integration  and  the  Greater  Region  is  the  national  Roma 
contact point.  

8.2  Compliance (Article 14 Directive 2000/43, Article 16 Directive 2000/78) 

a)  Mechanisms 

The  Labour  Inspectorate  (Inspection  du  Travail  et  des  Mines)  has  the  power  to  control 
the  application  of  employment  law,  including  the  anti-discrimination  provisions  of  the 
general discrimination Law of 28 November 2006.  

8   https://mfamigr.gouvernement.lu/dam-assets/campagnes/personnes_intersexes/PAN-LGBTI-web-

update.pdf.  

9   http://cet.lu/wp-content/uploads/2018/03/Brochure-recrutement-sans-dicrimination.pdf. 

39 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                           
 
Article  L-253-3  of  the  Labour  Code,  as  introduced  by  Article  18  of  the  Law  of  28 
November  2006  uses  the  wording  of  Article  16(b)  of  Directive  2000/78/EC.  Therefore, 
any provisions contrary to the principle of equal treatment that are included in contracts 
or collective agreements, statutes of associations, internal rules of undertakings or rules 
governing the workers’ and employers’ organisations can be declared null and void. 

a) 

Rules contrary to the principle of equality 

No such laws or regulations could be identified by the author of this report. 

40 

 
 
 
 
9 

COORDINATION AT NATIONAL LEVEL 

The Ministry of Family is generally in charge of anti-discrimination policies. However, the 
Ministry  of  Labour  and  Employment  is  in  charge  of  the  correct  use  of  employment  law, 
through the Labour Inspectorate. The Ministry of Family is also in charge of putting into 
practice the running of the Centre for Equal Treatment. 

A  first  five-year  national  action  plan  for  integration  and  the  fight  against  discrimination 
was made public in April 2011 by the Ministry of Family. 

The  multiannual  action  plan  for  the  integration  and  fight  against  discrimination  was 
suspended due to the high number of applicants for international protection.  

41 

 
 
 
 
 
 
10  CURRENT BEST PRACTICES 

The  CET  published  a  brochure  entitled:  ‘Recruitment  without  discrimination.  A  practical 
guide for workers’. This brochure explains in short and easy words when discrimination in 
recruitment occurs and what the workers concerned can do. 

The  Government  published  a  national  action  plan  for  the  promotion  of  the  rights  of 
lesbians, gays, bisexual, transgender and intersex persons. 

42 

 
 
 
11  SENSITIVE OR CONTROVERSIAL ISSUES 

11.1 Potential breaches of the directives (if any) 

In  Luxembourg,  only  people  who  have  a  30 %  disability  and  have  been  officially 
recognised  as  such  are  entitled  to  claim  the  reasonable  accommodation  duty.  The 
provision applies to both private and public employers. 

This  might  not  be  compatible  with  the  CJEU’s  approach  to  the  definition  of  disability, 
which seems broader and more flexible. 

11.2 Other issues of concern  

There  is  still  very  little  case  law  on  discrimination  in  courts.  This  means  that  victims  of 
discrimination  find  it  very  hard  to  bring  a  case  to  court.  There  may  be  different 
explanations for this phenomenon: the victims do not have the financial means and many 
people are still unaware of the anti-discrimination laws. 

Since the end of 2018, the CET budget is controlled by the Parliament. Nevertheless, the 
main problem remains that the budget of the Centre for Equal Treatment decreased from 
EUR  220 000  at  its  creation  to  EUR  88 000  in  2018.  As  the  budget  is  very  low,  the 
possibilities for action by the Centre for Equal Treatment are limited. 

The CET does not have the ability to support victims in court or to submit claims to the 
courts directly. In addition, it has no quasi-judicial powers and its recommendations are 
not  binding.  For  the  past  few  years,  the  CET  has  asked  the  Government  to  enforce  its 
investigatory powers, as the centre has no power to force institutions, private persons or 
employers to collaborate with its investigations. The fact that the CET does not have legal 
standing might constitute a barrier to effective litigation. 

43 

 
 
 
 
 
 
 
 
 
 
12  LATEST DEVELOPMENTS IN 2018 

12.1 Legislative amendments 

There were no legislative amendments in 2018. 

12.2 Case law 

No relevant case law could be identified in 2018. 

44 

 
 
 
 
 
 
 
ANNEX 1: TABLE OF KEY NATIONAL ANTI-DISCRIMINATION LEGISLATION 

The main transposition and anti-discrimination legislation at both federal and 
federated/provincial level. 

Country:  
Date:   

Luxembourg 
31 December 2018 

Title of law: Law of 28 November 2006  
1. 

transposing  Council  Directive  2000/43/EC  of  29  June  2000  implementing  the 
principle  of  equal  treatment  between  persons  irrespective  of  racial  or  ethnic 
origin 
transposing Council Directive 2000/78/ EC of the Council of 27 November 2000 
establishing  a  general  framework  for  equal  treatment  in  employment  and 
occupation 
amending the Labour Code and introducing in Book II a new title V on equality 
of treatment in the area of employment and work 

2. 

3. 

4.   amending articles 454 and 455 of the Criminal Code 
5.   amending the law of 12 September 2003 on disabled persons 
Abbreviation: general anti-discrimination law 
Date of adoption: 28 November 2006 
Entry into force: 9 December 2006 
Latest amendments: Law of 13 May 2008 
Grounds covered:  religion or belief, disability, age,  sexual orientation, race or  ethnic 
origin 
Civil/administrative/criminal law 
Material scope: Full scope of both directives  
Principal content: prohibition of direct and indirect discrimination, of harassment and 
instruction to discriminate, provisions of defence  of  rights and victimisation, creation 
of an equality body 

Title of law: Law of 29 November 2006  
1. 

the amended law of 16 April 1979 establishing the general statute of state civil 
servants 
the  amended  law  of  24  December  1985  establishing  the  general  statute  of 
municipal civil servants 

2. 

Abbreviation: Public sector law 
Date of adoption: 29 November 2006 
Entry into force: 1 January 2007 
Latest amendments: None 
http://www.legilux.public.lu/leg/a/archives/2006/0207/a207.pdf 
Grounds covered:  religion or belief, disability, age,  sexual orientation, race or  ethnic 
origin 
Administrative law 
Material scope: public employment 
Principal content: prohibition of direct and indirect discrimination, of harassment and 
instruction to discriminate, provisions of defence of rights and victimisation 

Title  of  the  law:  Law  of  19  July  1997  completing  the  Criminal  Code  by 
amending  the  incrimination  of  racism  and  by  introducing  incrimination  of 
revisionism and other actions based on illegal discriminations 
Abbreviation: - 
Date of adoption: 19 July 1997 
Entry into force 10 August 1997 
Latest amendments: Law of 28 November 2006 
http://www.legilux.public.lu/leg/a/archives/1997/0540708/1997A16801.html 
Grounds  covered:  racial  or  ethnic  origin,  skin  colour,  sex,  sexual  orientation,  family 

45 

 
 
 
 
 
 
situation, state of health, disability, customs, political or philosophical opinions, trade 
union  activities,  their  membership,  actual  or  supposed,  of  an  ethnic  group, 
nationality, race or specific religion 
Criminal law 
Material scope: access to goods or services, employment 
Principal content: individual and collective discrimination is forbidden 

Title of law: Law of 12 September 2003 on disabled persons 
Abbreviation: -  
Date of adoption: 12 September 2003 
Entry into force 1 June 2004 
Latest amendments: 26 May 2008 
http://www.legilux.public.lu/leg/a/archives/2003/0144/2003A29381.html?highlight 
Grounds covered: disability 
Civil/administrative/criminal law 
Material scope: employment 
Principal  content:  obligation  to  employ  disabled  persons  for  employers  and  financial 
assistance for assisting people with disabilities  

Title  of  law:  Law  of  15  July  2011  on  access  to  school  and  professional 
qualifications of pupils with special educational needs amending  
a)  

the  amended  Law  of  14  March  1973  creating  institutes  and  differentiated 
educational services; 
the amended Law of 25 June 2004 organising secondary and technical education 

b)  
Abbreviation: - 
Date of adoption: 15 July 2011 
Entry into force: school year 2011/2012  
Latest amendments: None 
http://www.legilux.public.lu/leg/a/archives/2011/0150/a150.pdf 
Grounds covered: disability 
Administrative law 
Material scope: education 
Principal content: reasonable accommodation in school 

46 

 
 
 
 
 
 
ANNEX 2: TABLE OF INTERNATIONAL INSTRUMENTS 

Country:  
Date:   

Luxembourg 
31 December 2018 

Instrument 

Date of 
signature  

Date of 
ratification  

Derogation
s/ 
reservation
s relevant 
to equality 
and non-
discriminati
on 
No 

Right of 
individua
l petition 
accepted
? 

Yes 

Can this 
instrument 
be directly 
relied upon 
in domestic 
courts by 
individuals
? 
Yes 

European 
Convention on 
Human Rights 
(ECHR) 
Protocol 12, 
ECHR 

Revised 
European 
Social Charter 

International 
Covenant on 
Civil and 
Political Rights 

4.11.1950 

3.9.1953 

4.11.2000 

1.7.2006 

No 

Yes 

Yes 

11.2.1998 

No 

/ 

26.11.1974  18.08.1983 

No 

47 

/ 

No 

Ratified 
collective 
complaint
s 
protocol? 
No 
Yes, 
under the 
condition 
that the 
Covenant 
shall not 
consider 
any 
communic
ations 
from an 
individual 
unless it 
has 
ascertaine
d that the 
same 
matter is 
not being 
examined 
or has not 
already 
been 
examined 
under 
another 
procedure 
of 
internatio
nal 
investigati

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
20.7.1995 

No 

/ 

on or 
settlemen
t 
/ 

No 

26.11.1974 

18.8.1983 

No 

Yes 

No 

12.12.1967 

1.5.1978 

No 

Yes 

No 

17.7.980 

2.2.1989 

No 

Yes 

No 

25.6.1958 

22.12.2000 

No 

Yes 

Yes 

21.3.1990 

7.3.1994 

No 

Yes 

Some 
articles only 

30.7.2007 

28.7.2011 

No 

Yes 

Yes 

Framework 
Convention for 
the Protection 
of National 
Minorities 
International 
Covenant on 
Economic, 
Social and 
Cultural 
Rights 
Convention on 
the 
Elimination of 
All Forms of 
Racial 
Discrimination 
Convention on 
the 
Elimination of 
Discrimination 
Against 
Women 
ILO 
Convention 
No. 111 on 
Discrimination 
Convention on 
the Rights of 
the Child 
Convention on 
the Rights of 
Persons with 
Disabilities 

48 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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