On Thursday 5 March 2026, the European Commission on Racism and Intolerance (ECRI) published a report in which it said it “regrets” Luxembourg’s lack of tangible measures to strengthen the legal framework, mandate and powers of Luxembourg’s Centre for Equal Treatment (CET), following recommendations first made by the ECRI in 2023.
According to the Council of Europe, the ECRI also recommended in 2023 that the authorities take the necessary measures to properly protect the right of intersex children to physical integrity and bodily autonomy and that the latest ECRI report concluded that this recommendation had also not been implemented.
In its report on Luxembourg, originally published on 19 September 2023, the ECRI recommended strengthening the Centre for Equal Treatment, by giving it a clear legal status, jurisdiction to deal with all grounds concerning equal treatment, including “citizenship”, the necessary powers to conduct proper investigations, the possibility to have complaints referred to it and the right to take part in court proceedings.
The ECRI held that no tangible measures have been taken to strengthen the legal framework, the mandate or the powers of the CET and, that as a result, its recommendation has not been implemented.
The ECRI’s second priority recommendation was the for implementation of adequate protections to the right of intersex children by prohibiting in law the so-called “normalising” of genital surgery and other medically unnecessary treatments until the child is able to participate in the decision on the basis of the right to self-determination and the principle of free and informed consent.
This recommendation included the development of guidelines and training for professionals in contact with intersex children, as well as the establishment of easily accessible counselling and support services for intersex people and their families.
In its latest conclusion, the ECRI noted that no legislative steps in relation to this recommendation have been taken. In addition, training and awareness-raising activities remain ad hoc, no guidelines have been published and no effective co-ordination between existing structures for supporting intersex people and health professionals has been put in place.
Moreover, the ECRI said it had received reports that some intersex children are still being referred abroad for medical interventions that are not deemed essential.
The ECRI noted that a preliminary draft reform of the CET was prepared by the CET in consultation with the Parliament in 2022. It regretted, however, that no legislative steps had yet been taken in response to this initiative and, despite the Luxembourg government having forwarded the recommendation to the Parliament, said that in itself did not constitute action to ensure effective implementation of the recommendation.
The authorities contended that, as the CET comes under the authority of the Parliament, they are not in a position to have a direct influence on the implementation of this recommendation. The ECRI considers, however, that the administrative status of the CET should not prevent the authorities from initiating or supporting steps to strengthen the institution in the context of their relations with the Parliament.
Consequently, the ECRI stated that the CET still has no clear legal status, thereby limiting its capacity for action to deal with cases of discrimination based on citizenship or to carry out effective investigations. The CET also does not have the right to initiate and participate in court proceedings. Furthermore, no mechanism has been put in place to monitor compliance with the CET's recommendations.
The ECRI noted with interest that an existing post within the CET had been made more secure and that there are plans to create an additional post from 2026 as part of the measures to transpose Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies.
In the light of the above, the ECRI said it “cannot but regret the lack of tangible measures to strengthen the legal framework, the mandate and the powers of the CET since the publication of its report in 2023. ECRI therefore concludes that its recommendation has not been implemented”.
The full report can be viewed at https://rm.coe.int/ecri-conclusions-on-the-implementation-of-the-recommendations-in-respe/48802ad4cd.
