Chapter II. Public Freedoms and Fundamental Rights
Article 9
The status of Luxembourger is acquired, retained and lost in accordance with the rules determined by civil law.
This Constitution and other laws concerning political rights determine those which are, beyond this quality, conditions necessary for the exercise of these rights.
By derogation of the preceding paragraph, the law can confer the exercise of political rights on non-Luxembourgers.
Article 10
[Abrogated]
Article 10bis
- Luxembourgers are equal before the law.
- They are admissible to all public, civil and military employment; the law determines the admissibility of non-Luxembourgers for such employment.
Article 11
- The State guarantees the natural rights of the human person and of the family.
- Women and men are equal in rights and duties. The State sees to active promotion of elimination of impediments which may exist in matters of equality between women and men.
- The State guarantees the protection of private life, save the exceptions established by the law.
- The law guarantees the right to work and the State sees to [the] assurance to each citizen [of] the exercise of this right. The law guarantees the syndical freedom and organizes the right to strike.
- The law regulates as to their principles[:] social security, the protection of health, the rights of workers, [and] the struggle against poverty and social integration of citizens affected by a handicap.
- The freedom of commerce and industry, the exercise of liberal professions and of agricultural labor are guaranteed, save for the restrictions established by the law.In matters of exercise of the liberal professions, the power to make regulations may be granted to professional organs endowed with civil personality.
The law can submit these regulations to procedures of adoption, amendment or suspension without prejudice to the attributions of judicial or administrative tribunals.
Article 11bis
The State guarantees the protection of the human and cultural environment, and works for the establishment of a durable equilibrium between the conservation of nature, in particular its capacity for renewal, and the satisfaction of the needs of present and future generations.
Article 12
Individual freedom is guaranteed. No one may be prosecuted except in the cases specified by the law and in the form which it prescribes. No one may be arrested or detained [plac] except in the cases specified by the law and in the form which it prescribes. Except in the case of flagrante delicto, no one may be arrested except by virtue of a substantiated order of a judge, which must be served, at the moment of the arrest, or at the latest within twenty-four hours. Every person must be informed without delay of the means of legal recourse [they] have at [their] disposal to recover their freedom.
Article 13
No one may be deprived against his will of the judge that the law assigns to him.
Article 14
No penalty may be established or applied except by virtue of the law.
Article 15
The domicile is inviolable. An intrusion can only be made in the cases specified by the law and in the forms that it prescribes.
Article 16
One may only be deprived of his property for a reason of public utility and [with] consideration [of a] just indemnity, in the case and in the manner established by the law.
Article 17
The penalty of the confiscation of property may not be established.
Article 18
The death penalty may not be established.
Article 19
The freedom of religions, that of their public exercise, as well as the freedom to manifest religious opinions, are guaranteed, save for the repression of crimes committed on the occasion of the practice of these freedoms.
Article 20
No one may be forced to take part in any manner whatsoever in the acts and ceremonies of a religion or to observe its days of rest.
Article 21
Civil marriage must always precede the nuptial benediction.
Article 22
The intervention of the State in the nomination and the installation of the leaders of religions, the mode of nomination and dismissal of other ministers of religions, the faculty of the former or the latter corresponding to their superiors and of the publication of their acts, as well as the relation between the Church and the State, are subject to conventions submitted to the Chamber of Deputies for the provisions which necessitate its intervention.
Article 23
The State sees to the organization of primary education, which will be obligatory and free and to which access must be guaranteed to every person inhabiting the Grand Duchy. Medical and social assistance is regulated by the law.
It creates establishments of free secondary instruction and the necessary courses of higher education.
The law determines the means of supporting public instruction as well as the conditions of supervision by the Government and the communes; it regulates additionally all [matters] concerning education and provides, according to the criteria that it determines, a system of financial aid in favor of pupils and students.
Anyone is free to study in the Grand Duchy or abroad and to attend the universities of his choice, subject to the provisions of the law on the conditions of admission to employment [in], and to the exercise of[,] certain professions.
Article 24
The freedom to manifest one’s opinion by speech in all matters, and the freedom of the press are guaranteed, save the repression of offenses committed on the occasion of the exercise of these freedoms. – Censorship may never be established.
Article 25
The Constitution guarantees the right to assemble peacefully and unarmed in compliance with the laws that govern the exercise of this right, without having to be submitted to a prior authorization. – This provision is not applicable to open-air political, religious or other meetings; these meetings remain entirely submitted to the laws and regulations of [the] police.
Article 26
The Constitution guarantees the right of association, in compliance with the laws that govern the exercise of this right without having to be submitted to a prior authorization.
Article 27
Everyone has the right to address to the public authorities, petitions signed by one or more persons. – The constituted authorities alone have the right to address petitions collectively.
Article 28
The secrecy of correspondence is inviolable. The law determines those agents responsible for the violation of the secrecy of correspondence entrusted to the postal [services].
The law regulates the guarantee to be given to the secrecy of telegrams.
Article 29
The law regulates the use of languages in administrative and judicial matters.
Article 30
No prior authorization is required to exercise proceedings against public functionaries, for faults in their administration, save that which is established in this regard [concerning] the members of the Government.
Article 31
The public functionaries, to whatever order they belong, the members of the Government excepted, may only be deprived of their functions, honors and pensions in the manner determined by the law.
