General legal framework

• Author: Hoffmann, Tania
• Pages: 12-12

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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 private individuals as well as against the state

with the limitations that the provision must be clear enough and not too broad.