From 7 April 2023, the penalties for crimes committed with discriminatory intent will double.
In our 8 July 2022 Newsflash_, we reported the tabling of Bill of law No. 8032_, which supplements the Criminal Code by introducing an aggravating circumstance for offences (crimes or délits) motivated by discrimination.
The law of 28 March 2023_[1] has now been passed and was published on 3 April 2023 in the Luxembourg Official Journal Mémorial A 185 (the "Law"). The Law doubles the fines and prison sentences for all offences committed 'because of' (en raison de) a discriminatory factor.
The relevant criteria are:
- Origin.
- Skin colour.
- Sex or gender.
- Sexual orientation.
- Gender reassignment.
- Gender identity.
- Family situation.
- Health status.
- Disability.
- Customs or beliefs.
- Political or philosophical views.
- Trade union activities.
- Actual or assumed membership or non-membership of a particular ethnic group, nationality, race or religion.
Employers should now redouble their vigilance and raise employee awareness about discrimination, particularly managers. It is also essential to ensure that current internal procedures (including recruitment, training, leave, sanctions, and dismissal) do not have any discriminatory aspects, bearing in mind that indirect discrimination - which is more difficult to identify at first sight - is also prohibited.
The Law comes into force on 7 April 2023.
Author: Raphaëlle Carpentier
[1] Law of 28 March 2023 supplementing the Criminal Code by introducing a general aggravating circumstance for offences (crimes, délits or contraventions) committed with a motive based on one or more of the elements referred to in Article 454 of the Criminal Code.
