Denmark
Discrimination on account of race and ethnic origin is prohibited under Danish law in the labour market and in access to public goods and services. In the labour market, the prohibition of discrimination covers a number of additional suspect grounds such as religion or belief, age, disabilities and national or social origin.
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Anti-discrimination Legislation & Implementation
Danish law contains prohibitions of discrimination in accordance with Directives 2000/43/EC and 2000/78/EC. Discrimination on grounds of race or ethnic origin is forbidden in the labour market and access to goods and services. In the labour market, the law covers additional suspect grounds such as religion, age, disabilities and national origin.
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Is racial discrimination defined in national law?
Yes.
Qualitative Info
Within the scopes of Directives 2000/43/EC and 2000/78/EC, Danish law provides a definition of racial discrimination in accordance with the directives, see Act on Discrimination (forskelsbehandlingsloven) and Act on Ethnic Equal Treatment (lov om etnisk ligebehandling). Additionally, it is a criminal offence under the Act on Prohibition of Discrimination on Account of Race Etc. (lov om forbud mod forskelsbehandling pga. race mv.), in commercial or non-profit activity, to refuse to serve a person on equal terms with others on account of the race, colour, national or ethnic origin, belief or sexual orientation of such person.
See other countriesSee indicator history -
Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?
Yes.
Qualitative Info
The Act on discrimination (forskelsbehandlingsloven) and the Act on Equal Treatment (lov om etnisk ligebehandling) implement Directives 2000/43/EC and 2000/78/EC.
See other countriesSee indicator history -
Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?
n/a
Qualitative Info
Depending on the applicable statute, prohibitions of discrimination in Danish law cover grounds such as race, colour, religion or belief, political views, sexual orientation, age, disabilities, and national, social or ethnic origin, and gender.
See other countriesSee indicator history -
Does nationality, citizenship serve as a ground for discrimination in access to public goods and services, employment and/or deprivation of economic and social rights?
n/a
Qualitative Info
In accordance with common article 3(2) of Directive 2000/43/EC and 2000/78/EC, Danish law on the prohibition of discrimination in the labour market and in access to goods and services does not cover nationality (citizenship) as a suspect ground. However, according to the travaux preparatoires, the law offers some protection against indirect discrimination on account of nationality.
Within the area of competence comferred on the European Union, the question of discrimination on account of nationality is regulated by EU law, see. e.g. article 18 TFEU.
A number of cases have been reported relating to discrimination on account of nationality/citizenship.
See other countriesSee indicator history -
Does statelessness serve as a ground for discrimination in access to public goods and services and/or deprivation of economic and social rights?
n/a
Qualitative Info
Danish law on the prohibition of discrimination in access to goods and services does not cover statelessness as a suspect ground. However, discrimination on account of statelessness may raise the question of indirect discrimination on ground of ethnic origin. As regards employment, discrimination on account of statelessness also raises the question of direct discrimination on ground of national origin.
No cases appear to have been reported.
See other countriesSee indicator history -
Discrimination on the grounds of race, ethnic origin and/or religion is prohibited in all the areas provided for by the EU Directives?
Yes, partly.
Qualitative Info
Discrimination on the grounds of race and ethnic origin is prohibited in all areas provided for by Directive 2000/43/EC. However, discrimination on the ground of religion is prohibited only in the area of the labour market.
See other countriesSee indicator history -
Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
Yes.
Qualitative Info
The Board of Equal Treatment (Ligebehandlingsnævnet).
See other countriesSee indicator history - Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?
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Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?
Yes.
Qualitative Info
As regards access to goods and services, special measures may be adopted. Special measures must be proportional to the legitimate aim pursued and revoked once the aim is achieved.
In the labour market, positive measures may be adopted only as prescribed by law or by administrative decision. The scope of positive measures in the labour market is very limited.
See other countriesSee indicator history - Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?
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Is the State or are state representatives reported to engage in discriminatory acts or practices by independent authoritative sources?
Yes.
Qualitative Info
According to ECRI's third national report on Denmark, § 97, the police often make statements in the media about the disproportionaly higher crime rate among youth from minority groups. The words "immigrant crime" have thus become a recurring theme, particularly when the media quote the police.
External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/DNK-CbC-III-2006-18-ENG.pdf
See other countriesSee indicator history -
Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?
No.
Qualitative Info
The Board of Equal Treatment (Ligebehandlingsnævnet) handles complaints about discrimination and makes decisions in the matter. It is the objective of the Board to remain impartial as to offer the parties a fair hearing, and thus the Board can hardly be said to offer legal support or assistance to alleged victims.
Victims of discrimination must rely on the ordinary channels of legal aid (income criteria) and the assistance of local NGO's.
Groups affected/interested
- Migrants
- Refugees
- Ethnic minorities
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Policing - law enforcement
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Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
Yes.
Qualitative Info
Within the scope of Directives 2000/43/EC and 2000/78/EC Danish law has implemented a "shared burden of proof", also termed "qualified reversed burden of proof", which is applied by the specialized body and the courts. Whether these special rules of evidence are always being applied correctly in civil and administrative procedure is a debatable point.
See other countriesSee indicator history -
Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
Partly.
Qualitative Info
Only as legal representative of the complaintant. Associations, organisations or other legal entities have no legal standing of their own in relation to an administrative discrimination case and none at all in judicial procedures.
See other countriesSee indicator history -
Is class action or actio popularis possible? (court claims or action in the name of a group)
Class action is possible. Actio popularis is not.
Qualitative Info
Class action is possible. Actio popularis is not possible.
See other countriesSee indicator history -
Are sanctions foreseen/provided by anti-discrimination legislation?
Yes. Compensation.
Qualitative Info
Payment of compensation to the victim is the only sanction available in the Danish legislation implementing Directives 2000/43/EC and 2000/78/EC.
See other countriesSee indicator history - Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
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Are there any problems concerning the implementation of national legislation prohibiting discrimination?
Yes.
Qualitative Info
In ECRI's third report on Denmark, the Committee recommended that Denmark implement the Act on Equal Treatment more actively. ECRI strongly recommended that Denmark take a more proactive role in ensuring the implementation of the Act on Ethnic Equal Treatment by, inter alia, ensuring that potential victims of discrimination are also aware of its existence and of the mechanisms for invoking it before the courts.
ECRI expressed concern about the fact that very few cases have been brought to court under the Act on Ethnic Equal Treatment.
External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/DNK-CbC-III-2006-18-ENG.pdf
See other countriesSee indicator history - Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?
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Is racial discrimination defined in national law?
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Policing - Law Enforcement - Justice
Lack of regulations and procedural guarantees entail that there is a risk of ethnic profiling. Although it may be hard to prove that ethnic profiling takes place, data suggest disparaties e.g. in connection with police stop-and-search.
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Is there evidence or indication that the police force engages in ethnic profiling?
Yes.
Qualitative Info
According to data from the Copenhagen Police, 50% of the persons subjected to stop-and-search are of non-Danish ethnic origen. Only about 20% of the population in Copenhagen are of non-Danish decent.
See other countriesSee indicator history -
Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?
No.
Qualitative Info
There is hardly evidence of significant disparities. However, in a report made by the Danish Institute for Human Rights 2011, it is concluded that refusals by the police to register complaints of hate crimes do occur.
External Url http://menneskeret.dk/files/pdf/Publikationer/IMR-Udr-8-Hadforbrydelser.pdf
See other countriesSee indicator history -
Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?
Yes.
Qualitative Info
Stop-and-searches have been conducted primarily in areas with a high percentage of minorities and immigrants.
Groups affected/interested
- Ethnic minorities
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Policing - law enforcement
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Do migrants/minorities face disproportionate problems in accessing justice?
No.
Groups affected/interested
- Ethnic minorities
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Policing - law enforcement
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Is there evidence of differential sentencing?
Yes, in some respects.
Qualitative Info
Ordinary prison sentences are applied to foreigners with short provisional stay in Denmark in pretty crime cases such as theft, whereas suspended sentences are applied in identical cases if the offender is a Danish citizen or a long term resident. This criminal court practice has been confirmed by judge Peter Garde in an article in the Weekly Law Review, UfR 2008 B, p. 76 (Peter Garde: Russerposer og udenlandske spiritusbilister).
See also Peter Garde in NfK 2007, pp. 461 et seq., Equality and inequality in sentencing (Lighed og ulighed i strafudmålingen): "While a recent report indicates that concious discrimination can probably be excluded, such perpetrators are, nevertheless, in some cases sentenced more severely, i.a. because they very seldom plead guilty and thus lose the limited benefit normally caused by the accused's co-operation during the trial".
See other countriesSee indicator history
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Is there evidence or indication that the police force engages in ethnic profiling?
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Employment
The employment rate is higher for both immigrants and minorities groups.
Unequal pay does general not appear to constitute a problem. The trade unions engage in specific activities to support and defend the right of immigrants and further a number of employers have implemented principles of diversity as part of their CSR policies.
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Differential unemployment levels/rates of migrants?
Yes.
Qualitative Info
The unemployment rate is higher for immigrants.
See other countriesSee indicator history -
Differential unemployment levels/rates of minorities?
Yes.
Qualitative Info
The unemployment rate is higher for minority groups.
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Differential pay rates?
No.
Qualitative Info
Unequal pay for equal work amounts to discrimination, which is prohibited. Diffential pay rates do not appear to constitute a problem in practice.
See other countriesSee indicator history - Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
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Legal obstacles to access employment in the public sector under equal conditions for migrants
Yes.
Qualitative Info
According to section 27(1) of the Danish Constitution, no one may be employed as a civil servant without having Danish citizenship. This requirement does not apply to municipal civil servants. Non-Danish nationals may be employed on conditions similar to those of civil servants.
See other countriesSee indicator history - Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions
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Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?
Yes.
Qualitative Info
A number of employers have implemented principles of diversity as part of their CSR policies.
See other countriesSee indicator history
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Differential unemployment levels/rates of migrants?
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Housing & Segregation
There is general no segregation between immigrants and the majority population; however, in some residence areas up to 80 % of the people belong to ethnic minorities. Even there is a division in how immigrants and ethnic Danes live there is no evidence of a “white flight” is taken place as many other factors may have influence on where people live.
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Is there evidence of significant levels of segregation between migrant groups and the majority population?
No.
Qualitative Info
No, not in general. However, in certain neighbourhoods up to 80% of the residents belong to minority groups.
See other countriesSee indicator history - What is the ethnic origin of the highly segregated migrant group?
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Is there evidence of significant levels of segregation between minority groups and the majority population?
No.
Qualitative Info
No, not in general. However, in certain neighbourhoods up to 80% of the residents belong to minority groups.
See other countriesSee indicator history - What is the ethnic origin of the highly segregated minority group?
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Is there evidence of majority driven segregation ("white flight" phenomenon)?
There is no general evidence of a ”white flight” phenomenon
Qualitative Info
There is no general evidence of a ”white flight” phenomenon; however, in some residence areas within public housing there is a significant ly small number of ethnic Danes.
Furthermore, only 20 % of the general population live in public housing, whereas 60 % of ethnic minorities live in public housing. Even if the numbers of ethnic Danes and ethnic minorities are unequally distributed, it is hardly sufficient evidence to say that a “white flight” is taken place as many other factors may have influence on where people live.
See other countriesSee indicator history - Is there evidence of denial of housing/housing rights for certain ethnic groups?
- Is there evidence that migrant/minority groups face especially serious problems in accessing housing of an acceptable quality?
- Migrant or minority group which faces especially serious problems in accessing housing of an acceptable quality?
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Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
No.
Qualitative Info
No. There is no evidence of this. However, it may prove difficult to gather evidence on this matter as the housing market can be very opaque.
See other countriesSee indicator history - Affected group with particular difficulties in purchasing or renting property of own choice
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Is there evidence of significant levels of segregation between migrant groups and the majority population?
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Education
Immigrants in general have a poorer educational performance than ethnic Danes. However, the second generation of immigrants have a better performance than the first generation immigrants. Yet, the percentage of immigrants and descendants from immigrants without an education is higher than the percentage of ethnic Danes.
It is only mandatory to teach mother tongue language to people from other EU countries. The municipal can choose to offer mother language classes to other people.
- Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
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Practical obstacles and evidence of problems and differential enrollment rates for migrants?
No.
Qualitative Info
Everybody has equal access to enrollment; in fact there is compulsory school attendance. Certain problems exist, however, in that not all parents comply their duties in this respect.
Groups affected/interested
- Migrants
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Education
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Poorer educational performance by certain groups?
According to the Pisa Ethnic survey from 2009, it is evident that immigrants had a poorer educational performance than ethnic Danes.
Qualitative Info
Average scores among native Danish and immigrant student in Denmark in Pisa 2009 Reading Mathematics Science Native Danes 502 511 508 Immigrants 432 441 415 1st generation 422 426 416 2nd generation 446 447 430 See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Education
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Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?
Yes.
Qualitative Info
The percentage of descentents of migrants without education is higher than that of ethnic Danes.
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Education
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Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?
Yes.
Qualitative Info
Yes. Various initiatives exist in the educational system. These are all extracurricular.
See other countriesSee indicator history - Victimisation in schools (bullying/harassment/racist violence) ?
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Provision of option to learn mother language other than the majority's
Only children from other EU countries have a right to mother tongue lesson.
Qualitative Info
It is only mandatory for the schools to offer mother language lessons to children from other EU countries provided that there are 12 pupils in the municipality and that there is a qualified teacher. The municipality may choose to offer such lessons to children from outside the EU as well. The amendment of the law that abolished the posibility for mother tongue lessons for all bilingual children has been widely criticised by professionals.
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Education
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Evidence of school segregation and/or policies of separate/distinct schooling of migrants
Yes.
Qualitative Info
There have been examples of municipalities having placed immigrant children in particular classes on account of their ethnicity (see e.g. the former Complaint Committee for Ethnic Equal Treatment’s statement of 4 February 2005, case 780.3).
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Education
External Url http://www.ligebehandlingsnaevnet.dk/naevnsdatabase/afgoerelse.aspx?aid=477&type=Afgoerelse
See other countriesSee indicator history -
Evidence of school segregation and/or policies of separate/distinct schooling of minorities
Yes.
Qualitative Info
There have been examples of municipalities having placed Roma pupils in a special class on account of their ethnicity (see e.g. the former Complaint Committee for Ethnic Equal Treatment’s decision of 5 December 2005, case 730.7).
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/ romaphobia
Key socio-economic / Institutional Areas
- Education
External Url http://ligebehandlingsnævnet.dk/naevnsdatabase/afgoerelse.aspx?aid=445&type=Afgoerelse
See other countriesSee indicator history
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Health And Social Protection
The morbidity rate for immigrants is higher than the rate for ethnic Danes; however, the mortality rate for immigrants is lower than the rate for ethnic Danes.
There is general no evidence that immigrants women are particular vulnerable in accessing and receiving health care services, although studies suggest that immigrant women tend to use preventive examinations on pregnancy less frequently.
Immigrants are overrepresented in the group of protracted poverty.
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Is there evidence of increased morbidity rates for minority and migrant groups?
Yes.
Qualitative Info
Studies have shown a generally increased rate of medical treatment for immigrants compared to Ethnic Danes. It regards in particular treatment of deseases such as cardiovascular desease and diabetes type 2. However, when it comes to other deseases such as cancer, the morbidity rate is lower for immigrants.
External Url http://www.sst.dk/publ/publ2005/cff/behandlingsrater/behandlingsrater.pdf
See other countriesSee indicator history -
Is there evidence of increased mortality rates for minority and migrant groups?
No.
Qualitative Info
On the contrary. According to Statistics Denmark (Danmarks Statistik), immigrant have a significantly lower mortality rate than ethnic Danes.
External Url http://www.dst.dk/da/Statistik/BagTal/2010/2010-11-30-Indvandreres-doedelighed.aspx
See other countriesSee indicator history - Is there evidence of forced heatlhcare/intervention practices to minorities?
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Specific health issues such as diseases specific to particular groups
Yes.
Qualitative Info
Certain hereditary deseases exist which are found especially among particular groups, e.g. familial mediterranian fever which affect groups of people originating from around the mediterranian sea.
Moreover, studies have shown differences in morbidity rates for immigrants from certain countries compared to ethnic Danes and immigrants from other countries. E.g. the morbidity rate for cancer is higher for ethnic Danes than it is for immigrants.
See other countriesSee indicator history -
Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?
Yes.
Qualitative Info
Social welfare benefit for foreigners (and Danes who have not been living in Denmark for 7 out of the last 8 years), the so-called start-allowance (starthjælp), amounts to only appr. 65% of the normal social welfare benefit (kontakthjælp).
(The Danish Parliament has decided to abolish the system of the starthjælp. By the 1th of Jan 2012, immigrants may receive normal social welfare benefits).
See other countriesSee indicator history -
Do migrants have a higher risk of poverty than the rest of the population?
Yes.
Qualitative Info
According to the Economic Council of the Labour Movement (Arbejderbevægelsens Erhvervsråd), immigrants and descentants are strongly overrepresented in the group of protracted poverty.
External Url http://ae.dk/files/AE_langvarig-fattigdom-er-et-stigende-problem-blandt-indvandrere.pdf
See other countriesSee indicator history -
Is there evidence that migrant or minority women are particularly vulnerable in accessing and receiving effective health care services?
No.
Qualitative Info
Not in general. Although studies suggest that women from minority groups tend to use preventive examinations in pregnancy less frequently.
See other countriesSee indicator history -
Are there policies and/or good practices accomodating culture/ traditions' respect in health care
Yes.
Qualitative Info
There is some focus on the subject. See e.g. a publication from the National Health Administration, Ethnic Minorities in Danish Health Care - An Anthology, 2010 (Etniske minoriteter i det danske sundhedsvæsen - en antologi, 2010).
External Url http://www.sst.dk/publ/Publ2010/CFF/Etnisk/Etnminoriteter_sundhedsv_antologi.pdf
See other countriesSee indicator history
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Is there evidence of increased morbidity rates for minority and migrant groups?
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Political & Civic Participation
It is only Danish citizens who can vote in elections and be elected for the national parliament. If a person have obtained a permanent residence permit the person is allowed to vote and run for office in the local elections. According to section 44 in the Danish Constitution no foreigner can obtain Danish citizenship except by act of parliament. In practice applicant who satisfy a number of requirements will have their names included on a bill that is passed in parliament twice a year.
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Public Life, Culture, Sport & Media
Both in the media sector and within the sport sector immigrants are present. Within the media ECRI has expressed deep concern about the pervasive atmosphere of intolerance and xenophobia; however, within sport it is general not a problem, even though there have been examples of hate speech in sporting venues.
- Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?
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Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants
No.
Qualitative Info
Section 78 [Freedom of association] and section 79 [Freedom of assembly] of the Danish Constitution protect foreigners as well as Danish citizens.
See other countriesSee indicator history - Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities
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Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?
Yes.
Qualitative Info
The Danish Constitution secures the freedom of religion, but it does not encompass equality of religions. The Evangelical Lutheran Church in Denmark is the national church which is granted a special legal status that other religious societies do not have, e.g. in respect of finance and burial grounds.
The question of indirect religious discrimination as regards employees’ wearing a religious symbol in the form of a head scarf has been brought before the courts on several occasions but with different results (See e.g. UfR 2000.2350 OE and UfR 2005.1265 H).
In another case, a nursery teacher was fired because she did not eat any food during the Ramadan when the children were having lunch with the teachers. In this case the court found a violation of the prohibition of discrimination in the labour market (UfR 2008.1028 OE).
Groups affected/interested
- Muslims
Type (R/D)
- Islamophobia
- Religious intolerance
Key socio-economic / Institutional Areas
- Religion
External Url http://fra.europa.eu/fraWebsite/attachments/Manifestations_EN.pdf
See other countriesSee indicator history -
Media: Are there positive measures for promoting or restrictions for Migrant and minority media?
No.
Qualitative Info
Not as such.
However, in ECRI's third national report on Denmark, § 106, the Committee noted that "any signs of being different are increasingly being perceived as resistance to integration. In this regard, the Danish Broadcasting Corporation will, for example close down its foreign language services. As with many of the measures mentioned above, this decision will in fact have the opposite effect to the stated aim of improving minority groups’ integration, as members of these groups will now most likely turn to foreign radio and television stations. In conclusion, ECRI reiterates that the onus is on the political leadership as well as those who transmit their message, namely the media to ensure that equality between all members of society is brought about by inclusion and mutual respect".
External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/DNK-CbC-III-2006-18-ENG.pdf
See other countriesSee indicator history -
Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?
No.
Qualitative Info
Not as such.
However, in ECRI's third national report on Denmark, § 106, the Committee noted that "any signs of being different are increasingly being perceived as resistance to integration. In this regard, the Danish Broadcasting Corporation will, for example close down its foreign language services. As with many of the measures mentioned above, this decision will in fact have the opposite effect to the stated aim of improving minority groups’ integration, as members of these groups will now most likely turn to foreign radio and television stations. In conclusion, ECRI reiterates that the onus is on the political leadership as well as those who transmit their message, namely the media to ensure that equality between all members of society is brought about by inclusion and mutual respect".
See other countriesSee indicator history - Sport: Effective participation of migrants in sport
- Sport: Effective participation of minorities in sport
