Luxembourg
Although Luxembourg regularly completes ODIHR's hate crime questionnaire, data on hate crimes have never been submitted. The Criminal Code of Luxembourg does not contain a hate crime provision (see the link below). However, in 2022, a draft bill (n°8032) was endorsed by the State Council to introduce a new provision that includes an aggravating circumstance for all offences motivated by bias based on an wide list of protected characteristics.
OFFICIAL DATA
Year | Hate crimes recorded by police | Prosecuted | Sentenced |
---|---|---|---|
2021 | Not available | Not available | Not available |
2020 | Not available | Not available | Not available |
2019 | Not available | Not available | Not available |
2018 | Not available | Not available | Not available |
2017 | Not available | Not available | Not available |
2016 | Not available | Not available | Not available |
2015 | Not available | Not available | Not available |
2014 | Not available | Not available | Not available |
2013 | Not available | Not available | Not available |
2012 | Not available | Not available | Not available |
2011 | Not available | Not available | Not available |
2010 | Not available | Not available | Not available |
2009 | Not available | Not available | Not available |
Hate crime recorded by police
KEY OBSERVATION
ODIHR recognizes Luxembourg's efforts to improve its hate crime legislation. However, it observes that Luxembourg has never reported statistics on hate crimes to ODIHR. In addition, ODIHR observes that Luxembourg should continue its efforts to review the existing legal framework to ensure that bias motivations can be effectively acknowledged and appropriate penalties can be imposed on perpetrators.
ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States committed to promptly investigating hate crimes and ensuring that the motives of those convicted of hate crimes are acknowledged. To that end, law enforcement must first record the bias motivations of hate crimes. Participating States also committed to enacting specific, tailored legislation to combat hate crimes, providing for effective penalties that take into account the gravity of such crimes. ODIHR stands ready to support Luxembourg in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as by providing further resources and tailored legislative advice.