Denmark | www.non-discrimination.net

Introduction

The information contained on this page represents the situation as of 31 December 2009 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:
Christoffer Badse
E-mail: cba@humanrights.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. The social partners, i.e. employers´organisations and employees´organisation in the labour market rejected the proposal, arguing that Denmark has a tradition of collective agreements in the labour market instead of legislation.

read complete article

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 based specified grounds in the Act (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).

read complete article

Enforcing the law

If the alleged case of discrimination is a criminal matter, the victim should report it to the police. The police are better able to secure evidence and interview alleged perpetrators than the administrative discrimination bodies, since the police have the mandate to summon the people involved to an interview.

read complete article

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.

read complete article

Material scope

In the 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. Regarding employment, the Act on the Prohibition of Discrimination in the Labour Market covers both the public and private sectors.

read complete article

Equality bodies

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

As regards the protection of ethnic minorities, specific mandate have been assigned to theDanish Institute for Human Rights (DIHR) [Institut for Menneskerettigheder] and specific funding allocated to the Institute for this purpose. (1) Thus, the DIHR has been established as the Danish body for the promotion of equal treatment as required by Article 13 of the Racial Equality Directive (2000/43/EC). In accordance with the requirements of this article, the Institute has been given the power to assist victims of discrimination, to conduct surveys concerning discrimination and to publish reports and make recommendations on discrimination. In this regard, the Institute replaces the former the Board for Ethnic Equality. [Nævnet for Etnisk Ligestilling] (2)

read complete article