Discrimination: understanding the phenomenon and taking action to improve intercultural living together

Types of discrimination

In order to assert your rights if you think you have been the target of discrimination, or to report a case of discrimination that you have witnessed, here are some basic concepts established in law, gathered by the Centre for Equal Treatment (Centre pour l'égalité de traitement, CET).

Discrimination can be based on any of seven grounds, namely:

• membership or non-membership, actual or supposed, of a race or ethnic group;
• gender;
• sexual orientation;
• religion or beliefs;
• disability;
• age;
• nationality.

Discrimination can be direct or indirect:

• Discrimination is direct when a person is treated less favourably than another person for one of the reasons indicated above.
• Indirect discrimination occurs when a seemingly neutral measure or practice may result in a particular disadvantage for people on the basis of their race, gender, sexual orientation, religion or beliefs, disability, age or nationality, Exception: the provision or practice must have a justified legitimate objective.

Harassment is also considered as a form of discrimination. Harassment occurs when undesirable behaviour linked to one of the reasons for discrimination has the aim or effect of compromising a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment.

Organisations involved in preventing and tackling discrimination

The Centre for Equal Treatment (Centre pour l'égalité de traitement, CET) is the body that was established by the Law of 28 November 2006 on Equal Treatment to promote, analyse and monitor equal treatment among all individuals. The Centre deals with all the areas covered by the law except for discrimination based on nationality.

In the exercise of its mission, the Centre publishes reports and issues opinions and recommendations, and it offers assistance to people who believe that they have been the target of discrimination. To this end, it provides an advice and guidance service to inform people about their rights and how to exercise them.

There are also other associations that provide information and support to help tackle all types of discrimination or provide insight into specific areas. Some of these associations have received ministerial accreditation, which enables them to bring or pursue legal action, thereby assisting victims before the courts:

• The Association for the Support of Immigrant Workers (Association de soutien aux travailleurs immigrés, ASTI), deals with different types of discrimination, including discrimination based on origin.
• The Liaison Committee of Foreigners' Associations (Comité de liaison des associations d'étrangers, CLAE), deals with different types of discrimination, including discrimination based on origin.
• Passerell, deals with different types of discrimination, including discrimination based on origin.
• The National Council of Women of Luxembourg (Conseil national des femmes du Luxembourg, CNFL), deals with gender-based discrimination.
• Rosa Lëtzebuerg, deals with discrimination based on sexual orientation.
• The National Council for Persons with Disabilities (Conseil national des personnes handicapés, Info-Handicap), deals mainly with discrimination based on disability.
• The Guide Dogs for the Blind in Luxembourg (Chiens guides d'aveugles au Luxembourg), deals mainly with discrimination based on disability.
• Memoshoah Luxembourg, deals with discrimination based on religion.
• Luxembourg Consumer Protection Association (Union luxembourgeoise des consommateurs, ULC) deals with gender-based discrimination.

In the field of work and employment, staff delegations, trade unions, the Labour and Mines Inspectorate (Inspection du Travail et des Mines) and the Psychosocial Service of the Civil Service (Service psychosocial de la fonction publique) are also there to listen and can support victims and witnesses. Also, the Luxembourg Association against Moral Harassment and Stress at Work (Association luxembourgeoise contre le harcèlement moral et le stress au travail) (Mobbing) offers psychological support.

Other organisations and associations support victims and witnesses in a more informative and educational manner. Please check the list provided by the CET on its website to find the most suitable contact person.

The reference partner ministries are Ministry of Family Affairs, Solidarity, Living Together and Reception of Refugees, the Ministry for Gender Equality and Diversity, the Ministry of State and the Ministry of Justice.

Measures to tackle discrimination and promote diversity

The measures taken by the main stakeholders and experts to tackle discrimination focus mainly on promoting intercultural co-existence, raising awareness to combat stereotypes and making it easier to report cases of discrimination.

The Loi relative au vivre-ensemble interculturel (Law on intercultural living together) was passed in July 2023. It marks a paradigm shift, replacing the old "integration" approach with a broader, more open approach to "intercultural living together". Tackling racism and all forms of discrimination at municipal level is a key cross-cutting feature in all the measures and organisations introduced by the legislation. The intercultural living together portal (Zesummeliewen) centralises the information, as well as two key initiatives in this innovative approach: the Biergerpakt (citizens' pact) and the Gemengepakt (municipal pact). Whether you're a Luxembourgish, non-Luxembourgish or a cross-border worker, you can play an active role in promoting intercultural co-existence in Luxembourg.

The Diversity Charter Lëtzebuerg is another instrument that links public and private partners. It is a declaration of national commitment that is available to organisations that want to commit to promoting and managing diversity by means of specific measures that go beyond legal obligations. The challenge of diversity involves making sure that everyone has employment and career possibilities in line with their skills and ambitions and that their individual characteristics are respected (sex, race, age, ethnic and social origins, beliefs, etc.). The Charter was introduced more than a decade ago and it now has over 325 signatories. Partners' best practices can be consulted on the website.