Is the ban on begging in Luxembourg legal?

Luxembourg recently banned begging on the streets of its capitala controversial measure opposed by human rights defenders and charities.

The new legislation was officially introduced in the city, where more than 114,000 people live, on December 15, 2023 by the new Minister of the Interior, Léon Gloden. His predecessor, Tania Bofferding, was fiercely opposed to it.

The ban was initially approved by the Luxembourg city council in March 2023, but Tania Bofferding prevented the national police from enforcing it.

The ban finally came into force on January 15, following a citywide information campaign.

On its website, the municipality explains that the new legislation follows a “increase in begging, and in particular begging in organized gangs and aggressive begging“and that it aims to”preserve the well-being of local residents and visitors and protect local commercial activity“.

The ban only applies to certain areas of the capital – shopping streets, public squares, car parks and parks – between 7 a.m. and 10 p.m. Under the new legislation, beggars found on the streets of Luxembourg City could be ordered to pay a fine of €25 to €250 or face several days in prison if they cannot pay.

According to Léon Gloden, the ban aims at “organized and aggressive begging“, while the city’s poor and homeless will still be able to benefit from help from social services and emergency shelters.

The ban, however, has sparked strong opposition from charities, human rights defenders and Luxembourg’s left-wing parties, who call the new legislation inhumane and question its legality.

Earlier this month, protesters took to the city’s streets to condemn the measure.

Is begging such a big problem in Luxembourg?

Claire, an architect living near Luxembourg City, said that begging had become more visible in recent years : “I have also noticed, and I don’t think this is limited to the capital, that there is more organized begging“, she told Euronews.

“People are dropped off in the morning and picked up in the evening, always the same people in the same places“, she adds.

“In recent years there has been a notable increase in the number of people living on the streets“, Lisa, a Luxembourg retiree, tells Euronews, but she adds: “I don’t think a ban on begging is the solution“.

“We should look at the root causes of the problems. We have known for years that there is a housing crisis in Luxembourg, but there does not seem to be any political will to create affordable housing for all“, she continues.

Claire believes that the ban is “sickening“and that it is a”makeshift solution“to a deeper problem : “This is all about appearance and will only make our problem worse. We have the right to be homeless, but we don’t have the right to beg on the street?“, she asks.

“People who beg are people who have lost everything in their lives“, says Luc, a Luxembourgish teacher. “The discussion should not be about whether or not begging is allowed, but about how to actually help these people“, he continues.

Is the ban on begging legal?

According to more than 4,500 Luxembourg residents who signed a petition forcing the country’s parliament to debate the ban, the ban on begging would not be legal. The local section of Amnesty International shares this opinion.

“There is clear case law from the European Court of Human Rights on the subject (of begging): in the case of Lacatus v. Switzerland (2021), the Court concluded that imposing sanctions, such as fines, on people begging on the street constituted a violation of Article 8 of the European Convention “, explains Fernanda Pérez Solla, interim director of Amnesty International Luxembourg, to Euronews.

“The European Court understood that begging makes it possible to meet basic needs and that people in vulnerable situations have the right, inherent in human dignity, to satisfy these basic needs through begging“, she adds, specifying that the imposition of sanctions in such circumstances seemed to be disproportionate.

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“While we understand that international human rights law, as interpreted by the European Court, does not allow begging to be prohibited in general, Luxembourg does not have any legal rules to prohibit it.“, says Fernanda Pérez Solla.

“In other words, although municipal councils can adopt police regulations, their content must not conflict with human rights legislation or (the absence of a ban in) national legislation.“, she adds.

Currently, the ban on begging remains in legal limbo. The country’s government has promised to carry out a series of reforms to the Luxembourg penal code which should end the uncertainty surrounding the measurebut until then, the ban will continue to be enforced in the capital.

According to the government, the reforms will not ban begging at the national level – which would be contrary to European law – but will give greater room for maneuver to municipal authorities.