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.
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.