Denmark
The Board of Equal Treatment (Ligebehandlingsnævnet) deals with complaints about discrimination. The number of cases in which Board has upheld the complaintant's contention is insignificant in cases pertaining to racial or ethnic discrimination. Contentions are uphold much more frequently in cases of discrimination on account of gender, age or disabilities.
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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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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 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 - 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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Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
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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.
- 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
- Does the law provides for legalizing the situation of illegal immigrants in order to ensure their right to work and access to social protection and care?
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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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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 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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Are there positive initiatives with an impact on housing of migrant and minority groups?
Yes.
Qualitative Info
According to the Act on Integration of Aliens section 12, the municipals are obligated to assign accommodation to refugees.
See other countriesSee indicator history
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Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
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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
- Evidence of modifying school curricula and teaching materials can be modified to reflect the diversity of the school population
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Are there in schools good practices/positive initiatives and intercultural coexistence plans designed to solve problems of discrimination racism or xenophobia?
No.
Qualitative Info
No. There are no such generally structured initiatives. There are, however, good examples of teachers in local schools who deal with these issues in their daily work.
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Education
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Is the teacher regular curricula/training dealing with specific reference to immigrants or ethnic minorities and respect/promotion of diversity?
No.
Qualitative Info
To the very limited extent this is at all done, it is only as part of optional extracurricular activities.
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 -
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 -
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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Migrants' political rights - right to vote to national/local elections
Only Danish citizens can vote in the election for the national Parliament. Migrants who have a permanent residence permit are allowed to vote and run for office in the local elections.
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Political discourse -parties - orgs
- Political participation
- Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote
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Migrants have the right to stand for elections at local/national level?
Only the migrants who have obtained Danish citizenship can be elected for Parliament. As regards the right to be elected for the local city councils, persons who have permanent residence and can vote also have the right to stand for election at local level.
Qualitative Info
Only the migrants who have obtained Danish citizenship can be elected for Parliament. As regards the right to be elected for the local city councils, persons who have permanent residence and can vote also have the right to stand for election at local level.
See other countriesSee indicator history - Minority members have certain rights to self-government?
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Are migrants' representatives engaged in any formal consultation with public authorities?
Yes.
Qualitative Info
Public hearings are part of the legislative process.
See other countriesSee indicator history - Are there migrants' consultative/advisory/representative bodies established by law?
- Public administration (including judiciary and executive) reflects the ethnic diversity of society?
- Is there automatic citizenship acquisition by birth for migrant children born in the country?
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What is the general law provision for naturalisation?
According to section 44 of the Danish Constitution, no foreigner can obtain Danish citizenship except by act of Parliament.
Qualitative Info
In practice, applicants for naturalisation who satisfied a number of requirements will have their names included on a bill that is passed in Parliament, normally twice a year.
See other countriesSee indicator history
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Migrants' political rights - right to vote to national/local elections
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Policies On Integration - Cohesion
The integration strategy in Denmark has been criticised for running counter to its purported aim to improve the integration of refugees and newly arrived immigrants into Danish society. See e.g. ECRI's third national report on Denmark, §§ 40-44.
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Is there a formal national strategy on the integration of migrants/minorities?
Yes.
Qualitative Info
The Act on Integration of Aliens (Integrationsloven), being the legislation putting into effect the national strategy, was subject to criticism in ECRI's third national report on Denmark, §§ 40-47.
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 there a formal definition of integration
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To which groups does the integration strategy apply?
It applies to asylum seekers and immigrants from countries outside the EU.
Qualitative Info
It applies to asylum seekers and immigrants from countries outside the EU.
See other countriesSee indicator historyGroups affected/interested
- Migrants
- Asylum seekers
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Are there formal policies and practises associated with this integration strategy?
Yes.
Qualitative Info
The Act on Integration of Aliens (Integrationsloven) contains various provisions relating to, inter alia, housing policies, language courses, social benefits etc.
See other countriesSee indicator history -
Is the integration strategy effective and, if so, what are the tangible results at a local, regional and national level?
No.
Qualitative Info
The integration strategy has been widely criticised for running counter to its purported aim to improve the integration of refugees and newly arrived immigrants into Danish society. See e.g. ECRI's third national report on Denmark, §§ 40-44.
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 there a formal national strategy on social and/or community cohesion?
- Is there a clear definition of social/community cohesion?
- Does the social cohesion strategy apply to all migrant/minority groups?
- Is/are social/community cohesion strategies effective and producing results?
- If there is a national strategy covering both integration and cohesion? Are the two key elements of the strategy joined up formally?
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Is there a formal national strategy on the integration of migrants/minorities?
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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 -
Media: Is there a visible presence (or absence) of members of target groups as media professionals?
n/a
Qualitative Info
A number of minority group members are employed in the media sector.
See other countriesSee indicator history - Sport: Effective participation of migrants in sport
- Sport: Effective participation of minorities in sport
