Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Luxembourg (Ratification: 2001)

Article 1(1)(a) and (b) of the Convention. Prohibited grounds of discrimination. Legislation. In its report, the Government indicates that it is awaiting the position of the newly-elected authorities (8 October 2023) with regard to the requests for legislative amendments made by the Committee in its previous comment. In this respect, the Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed its concern that, despite the latest legislative amendments in 2017, the Act of 28 November 2006 on equal treatment, the 2006 Labour Code, the Act of 16 April 1979 establishing the general status of State officials, and the Act of 24 December 1985 establishing the general status of municipal officials still do not prohibit discrimination on the basis of colour and descent (CERD/C/LUX/CO/18-20, paragraphs 11 and 12). It also notes that in March 2022 a study on racism and ethno-racial discrimination, conducted by researchers of the Institute of Socio-economic Research (LISER) and the Centre for Intercultural and Social Studies and Training (CEFIS) was presented to Parliament. The study found that, inter alia, the national legal framework should be strengthened and access to justice improved, actions and training to combat racism and discrimination and to promote the advantages of diversity within enterprises should be provided, and racism and discrimination should be fought with and through education. The Committee requests the Government to provide detailed information on any steps taken or envisaged to enable workers to effectively exercise their rights in relation to discrimination based on the grounds listed in Article 1(1)(a) of the Convention. It once again urges the Government to take the necessary steps to amend the list of grounds of discrimination prohibited by the Labour Code (section L.241-1), the Act of 16 April 1979 establishing the general status of State officials (section 1 bis) and the Act of 24 December 1985 establishing the general status of municipal officials (section 1 bis) to include the grounds of colour, political opinion, national extraction and social origin. Lastly, the committee requests the Government to provide information on any progress made in this regard; on the number of administrative and judicial decisions handed down by the competent authorities on cases or complaints of discrimination in employment and occupation, including on the basis of section 454 of the Penal Code, specifying the grounds of discrimination, the remedies granted and the penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.