Luxembourg Proposes Law Ending Post-Illness Discrimination

The Luxembourg Socialist Workers’ Party (LSAP) has unveiled a proposed law aimed at ensuring that individuals who have fully recovered from serious illnesses no longer face discrimination when seeking insurance or mortgages. The initiative includes the legal establishment of a so-called “right to be forgotten,” granting survivors protection against financial and social penalties linked to their medical history.

Currently, people who have recovered from major illnesses often encounter long-term barriers, such as higher premiums for insurance or difficulty obtaining mortgages. LSAP’s draft legislation is designed to address these inequities. Taina Bofferding, leader of the LSAP parliamentary group, emphasised that the initiative is fundamentally about solidarity and fairness.

At present, Luxembourg’s Insurance and Reinsurance Association (ACA) has an agreement with the Ministry of Health that governs such protections. However, this arrangement is voluntary, applies solely to mortgage applications, and includes a €1 million cap for payment protection insurance. The new law seeks to extend the “right to be forgotten” to a broader range of loans and insurance products, ensuring comprehensive coverage.

A key feature of the proposal is the transition from voluntary measures to a legally binding framework. This approach draws inspiration from similar legislation in neighbouring Belgium and France. Claude Haagen, LSAP parliamentarian, remarked, “Those who have suffered from an illness and recovered should not be penalised for their medical history. Advances in treatment have significantly improved survival rates.”

Another notable aspect of the draft law is the expansion of the covered illnesses list. Instead of maintaining a fixed list, LSAP proposes the creation of a follow-up committee that will review and update the list every six months. The committee would include representatives from the insurance sector, national health authorities, consumer protection organisations, and medical experts.

Both Bofferding and Haagen stressed that the proposal is non-partisan, expressing optimism that it will garner cross-party support in the Chamber of Deputies.

Reliable data on the total number of individuals fully recovered from serious illnesses in Luxembourg remains limited. However, regarding cancer specifically, approximately 3,400 new cases are reported annually in the Grand Duchy, with around 18,000 people currently living with the disease.

LSAP hopes that the enactment of this law will ensure that survivors of serious illnesses no longer face discrimination in financial or social spheres, marking a significant step towards equality and solidarity within Luxembourg society.