Goods and services (Directive 2004/113)

AuthorNatalie Videbaek Munkholm
9 Goods and services (Directive 2004/113)53
9.1 General (legal) context
9.1.1 Surveys and reports about the difficulties linked to equal access to and supply of
goods and services
Danish Institute for Human Rights (2013), Report on Women’s Equal Access to Goods and
Services.54 The report an alyses legislation and case law in relation to the prohibition of
discrimination in relation to goods and services. The report concludes t hat the application
of the principle of non-discrimination i n cases relating t o services and goods differs from
the application of the principle of non-discrimination in cases relating to the labour market.
Cases from the Equality Board on services and goods are primarily men complaining of a
direct discriminatory practice, whereas cases relating to discrimination in the labour
market primarily concerns women who are complaining of an indirect discriminatory
9.1.2 Specific problems of discrimination in the online environment/digital
market/collaborative economy
Issues of discrimination concerning access to a nd supply of goods in the digital economy
have not attracted any attention.
9.1.3 Political and societal debate
There are no specific political or societal debates pending.
9.2 Prohibition of direct and indirect discrimination
Section 3a of the Act on Equal Treatment of Men and Women in insurance, pensions and
similar matters prohibits direct as well as indirect discrimination , as does Section 2 of the
Consolidation Act No. 1678/2013 on Gender Equalit y.
9.3 Material scope
According to Section 1, the Act on Equal Treatment of Men and Women in insurance,
pensions and similar matters covers insurance and similar financial matt ers.
According to Section 1a(1)(2) , the prohibition on discrimination in the Act on Gender
Equality applies to authorities and organisations and all persons providing goods and
services available to the public in both the public and private sectors, including public
bodies, offered outside private and family life, as well as transactions there in.
In that respect , the scope of the two acts i s similar to that of th e Directi ve, given the
similar wording of Section 1a(1)(2) and Article 3(1) of the Directive.
9.4 Exceptions
National law has not applied the exceptions from the material scope as specified in
Article 3(3) of Directive 2004/113, regarding the content of media, advertising and
education. The Danish Act on Gender Equality applies to all areas of society, encompassing
media content, advertising and education.
53 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,
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