Executive summary

• Author: Justesen, Pia
• Pages: 5-10

5

EXECUTIVE SUMMARY

1. Introduction

In the 1960s and 1970s, the Danish Parliament debated whether legislation on

discrimination in the labour market due to race, religion and other grounds should be

enacted. The social partners, i.e. employers´ organisations and employees´

organisations in the labour market rejected the proposal, arguing that Denmark had a

tradition of collective agreements rather than legislation in the labour market. A s no such

collective agreements on anti-discrimination were concluded, victims of discrimination on

grounds of race, ethnicity, sexual orientation and religion were not protected until 1996,

when anti-discrimination legislation was finally enacted. A prohibition of discrimination

based on age and disability was adopted in 2004.

Up until the 1960s and 1970s the Danish population was relatively homogeneous, and

the majority were members of the Evangelical Lutheran Church by conviction, tradition

and/or culture. With new groups of migrant workers and the arrival of different groups of

refugees, this picture has changed. During the last 50 years, Denmark has become a

much more multicultural and multi-ethnic country.

The domestic debate on whether and to what extent international human rights

obligations should be followed can be qui te fierce. Many politicians are sceptical about

the limitations that international obligations impose on their legislativ e power.

In particular, there has been a growing emphasis on encouraging immigrants and

descendants from third countries to explicitl y sign up to ‘basic Danish values’. In

Denmark, the requirement to adapt and assimilate as understood by officials and the

general public is stronger than in some of its neighbouring countries.

In general, the various anti-discrimination act s do not app ly to the Faroe Islands and

Greenland.

2. 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 when international and EU obligations have focused on a

specific field of application or a specific vulnerable group. Hence, protection against

discrimination is ensured by a web of ci vil 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.

The Danish Constitution provides that no Danish subject shall be deprived of his or her

liberty because of his or her political or religious convictions or because of his or her

descent. Moreover, no person shall be denied the right to full enjoyment of civil and

political rights by reason of their creed or descent, n or shall they for such reasons evade

any common civil duty. Further more, the Constitution provides that no one shall be liable

to make personal contributions to any denomination other than the one to which he

adheres. Finally, the Constitution provides that citizens shall be entitled to f orm

congregations for the worship of God in a manner consistent with their convictions,

provided that nothing at variance with good morals or public order shall be taught or

done.

The Act on the Prohibition of Discrimination due to Race etc. makes it a criminal offence

to refuse, in connection with a commercial or non-profit business, to serve or allow