Executive summary

• Author: Hoffmann, Tania
• Pages: 5-9

5

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 may exempt the Parliament from the second

constitutional vote. Usually, a bill has to be adopted a second time by the Parliament at a

second reading at least three months later, unless the Council of State does not formally

oppose the wording of the draft bill.

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, sexual orientation, 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 Organization, concerning

discrimination in employment and occupation, was ratified by Luxembourg in 2000 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 10 bis 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 grants protection to

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