Overall assessment

AuthorNatalie Videbaek Munkholm
12 Overall assessment
The following transposition problems were mentioned in this report:
1. There could be a p otential issue with the recognition of the discrimination form of
indirect discrimination by association. There is no case law addressing the question
explicitly, but as discussed in Section 3.9, it could be argued that there is a reluctance
of the Supreme Court towards in direct discrimination by association, indicating that
also for protection against indirect sex discrimination, the victim has to belong to the
disadvantaged group.
2. Both the Act on Gender E quality and the Act on the Prohibition of Discrimination in
the Labour Market use the term ‘just and proper’ rather than legitimate in the
definition of indirect discrimination.
Beyond those two examples, the author can point to no other transposition problems .
As stated in this report, Denmark has implemented the EU gender equality directives in
national law. In the opinion of the author of this report, the current status of the
implementation is satisfactory and there are no gaps due to a lack or poor implementation
of EU legislation.
The major issue regarding gender equality in Denma rk is the gender segregat ion of the
labour market, both vertically and horizontally. Women tend to work in the public sector
and women are still significan tly underrepresented on management boards, in top
management posts and at professor le vel in universities. A significant pay gap between
men and women is one consequence of the segregated labour market. In addition, due to
lower pensions, women are at higher risk of poverty in their old age tha n men.
Women also take on the largest role in caring for children and progress on th is issue has
been very slow. In Denmark, more women than men work part time. However, the unequal
sharing of care-related activities offers only part of the explanation for this phenomenon.
The general situation for gender equality in Denmark is not specifically tied to non-
compliance with EU legislation.

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