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.

SELECT YEAR

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

National developments

In 2022, the government of Luxembourg prepared draft bill n°8032 – adopted on 16 June 2022 by the legislature – to introduce a new article to the Penal Code. The article provides for an aggravating circumstance for all offences motivated by a distinctive characteristic as listed in Article 454 of the Penal Code, namely: origin, skin colour, sex, sexual orientation, sex change, gender identity, family status, age, state of health, disability, morals, political or philosophical opinions, trade union activities, and membership or non-membership, as well as true or supposed belonging, to a particular ethnicity, nation, "race" or religion. In October 2022, the Council of State issued an opinion that fully endorses the draft legislation introducing an aggravating circumstance for hate crime.

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.

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