Goods and services (Directive 2004/113)

• Author: Natalie Videbaek Munkholm
• Pages: 53-55

53

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

practice.

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,

European network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

54 https://menneskeret.dk/files/media/dokumenter/udgivelser/undersoegelse_om_lige_adgang.pdf.