Personal and material scope

• Author: Hoffmann, Tania
• Pages: 20-23

20

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.