General legal framework

• Author: Nicole Kerschen
• Pages: 8-10

8

2 General legal framework

2.1 Constitution

2.1.1 Constitutional ban on sex discrimination

The Luxembourgish Constitution prohibits sex discrimination in Article 1 1(2).

Since July 2006, Article 11(2) of the Constitution provides that ‘women and men are equal

regarding rights and duties. The State has to actively promote the elimination of any

existing obstacles to equality between women and men’.

In response to the consultation organised by MEGA for the preparation of the Gender

Equality Plan 2019-2022, the Chamber of E mployees (Chambre des Salariés, CSL)

proposed a modification of Article 11(2) of the Constitution:25

‘Women and men are equal regarding rights and duties. The State has to guarantee

equality between women and men by ensuring the elimination of any existing

obstacles to equality and by adopting specific measures which promote equal

treatment’ (CSL 2019, first opinion).

2.1.2 Other constitutional protection of equality between men an d women

There is no other constitutional protection of equality between women and men.

2.2 Equal treatment legislation

Equal treatment in employment and occupation

In the 1970s, Luxembourg adopted a Grand-Ducal Regulation on equal pay between men

and women (Grand-Ducal R egulation of 10 July 1974).26 By the Law of 15 December

2016,27 equal pay was integrated into the Labour Code, Book II, Title II ‘Remuneration’,

Chapter V ‘On equal pay between men and women’.

Since the Law of 13 May 2008 implementing Directive 76/207/EEC amended by Directiv e

2002/73 EC on equal treatment between women and men as regards access to

employment, vocational training and promotion, and working conditions,28 the Labour

Code explicitly prohibits sex discrimination and provides for equal treatment between men

and women according to Articles 241-1 to 245 -8 (Book II, Title IV ‘On equal treatment

between m en and w omen’). Direct or indirect discrimination on the grounds of sex, by

reference in particular to marital or family status, is prohibited. Discrimination on the

grounds of gender reassignment is deemed to be discrimination on the grounds of sex

(Article L. 241-1(1) LC). Moral or sexual harassment is deemed to be a form of

discrimination on the grounds of sex and is as such prohibited (Article L. 241-1(3) LC).

Other discrimination grounds are covered. The Law of 28 November 2006 implemented

Council Directive 2000/43/EC of 20 June 2000, implementing the principle of equal

treatment betw een per sons irrespective of racial or ethnic origins and Council Directive

2000/78/EC of 27 November 2000 establishing a general framework for equal treatment

in employment and occupation. It amended the Labour Code by intr oducing a new title in

Book II: Title V ‘On equal treatment in employment and occupation ’ (Articles L. 251-1 to

25 CSL, Opinion of 19 July 2019.

26 Memorial A No. 56 of 22 July 1974, p. 1275. Website: http://data.legilux.public.lu/file/eli-etat-leg-

memorial-1974-56-fr-pdf.pdf.

27 Memorial A No. 264 of 21 December 2016. Website: http://data.legilux.public.lu/file/eli-etat-leg-memorial-

2016-264-fr-pdf.pdf.

28 Memorial A No. 70 of 26 May 2008. Website: http://legilux.public.lu/eli/etat/leg/loi/2008/05/13/n3/jo.