Denmark | www.non-discrimination.net

Introduction

The information contained on this page represents the situation as of 1 January 2012 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

The information contained on this page has been produced by the country expert from the network.

Contact:
Pia Justesen
E-mail: pj@justadvice.dk

Country context

In the 1960s and 1970s, the Parliament [Folketinget] debated whether legislation on discrimination in the labour market due to race, religion or other grounds should be enacted.

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Main pinciples and definitions

Direct discrimination is defined as a situation where one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin (cf. Section 1(2) of the Act on the Prohibition of Discrimination in the Labour Market and Section 3 (2) of the Act on Ethnic Equal Treatment).

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Enforcing the law

If the alleged case of discrimination is a criminal matter, the victim should report it to the police.

If the case is a civil matter, the victim can choose to go to:

court, directly;
the Parliamentary Ombudsman[Folketingets Ombudsmand];
his or her trade union if it is a case within the labour market;
the Board of Equal Treatment
the Danish Institute for Human Rights (for advice/assistance);
the Citizens Advice Service which exists in some municipalities (advice/assistance); the Danish Press Council [Pressenævnet], the Radio and Television Board on Commercials [Radio- og TV-Nævnet], the Consumer Ombudsman [Forbrugerombudsmanden].

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Main legislation

Anti-discrimination legislation in Denmark does not consist of one single piece of legislation. It is rather a combination of many acts, which have been introduced or amended when public debate or the ratification of international obligations has focused on a specific field of application or a specific vulnerable group. Hence, protection against discrimination is ensured by a web of civil and criminal legislation ranging from the Constitution to specific acts covering areas outside and inside the labour market, making it a challenge to explain and for the public to understand.

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Material scope

In the public and private labour market, discrimination is prohibited on the grounds of race, colour of skin, religion or faith, political conviction, sexual orientation, age, disability and national, social or ethnic origin. In civil law covering areas outside the labour market, only discrimination on the grounds of race and ethnic origin is prohibited.

Equality bodies

A. The Danish Institute for Human Rights [Institut for Menneskerettigheder]

The Danish Institute for Human Rights (DIHR) has been the designated body since 2003 for the promotion of equal treatment and effective protection against discrimination on grounds of racial or ethnic origin as set out in Article 13 of Council Directive 2000/43/EC on Equal Treatment Irrespective of Race and Ethnic Origin.

B. The Board of Equal Treatment [Ligebehandlingsnævnet]

Legal Basis

On 25 January 2008 the proposal for an Equal Treatment Board was presented to the Parliament, and on 1 January 2009 it started functioning. The Board covers all protected grounds, (gender, race, skin colour, religion or belief, political opinion, sexual orientation, age, disability or national, social or ethnic origin). The Board was established by Act no. 387 of 27 May 2008.

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