Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Denmark (Ratification: 1960)

Article 1(a) of the Convention. Discrimination based on sex. Further to its previous comments in which it noted the high number of cases relating to dismissal on the ground of pregnancy or maternity leave, the Committee notes from the statistics provided by the Government that, between 2011 and 2014, the number of cases did not decrease. In 2014, a total of 47 alleged cases of discrimination based on pregnancy and childbirth were referred to either the courts or the Board of Equal Treatment, of which 23 were considered well founded. In 2012, the same courts and the Board found a breach of the equal treatment legislation on the same grounds in 27 out of 66 cases; in 2013, in 26 out of 72 cases; in 2014, in 27 out of 43 cases; and in 2015 (until 31 May), in four out of six cases. The Committee requests the Government to continue providing information on the case law developed by the courts and the Board of Equal Treatment regarding discrimination on the basis of sex, including pregnancy and maternity leave. The Committee also once again requests the Government to examine, in cooperation with the social partners, the need for further action to prevent and eliminate discrimination on grounds of pregnancy and maternity leave, and to provide information on any steps taken in this regard.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Legislative developments. The Committee notes with interest the adoption of Act No. 217 of 5 March 2013 amending Consolidation Act No. 645 of 2011 on equal treatment between men and women in employment, which introduces provisions on the right to request flexible working hours during parental leave (section 8) and protection measures against dismissal because of absence due to pregnancy, birth, adoption and maternity (sections 9 and 16). The Committee also notes that the Act on gender equality was further amended by Act No. 1288 of 19 December 2012, and consolidated by Act No. 1678 of 19 December 2013, and refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to provide information on the application in practice of the equality legislation, including relevant judicial or administrative decisions, sanctions imposed and remedies provided.

Public employment services. The Committee notes the Government’s indication that activities to ensure equality mainstreaming in the labour market are mainly carried out by the public employment services. Further, the Committee notes that the Equality Unit of the National Labour Market Authority was closed in August 2012, as policies concerning equal opportunities in the labour market relating to occupational gender segregation are now considered an integrated part of employment policies. Further, the Government indicates that matters concerning equal gender opportunities in the labour market are now covered by the Danish Agency for Labour Market and Recruitment and that gender equality is included as an integrated part in the drafting of new employment initiatives and legislation. The Committee requests the Government to provide specific information on how public employment policies address occupational gender segregation and ensure equality mainstreaming in all the activities carried out by job centres and other actors engaged in the implementation of public employment policies. The Committee also requests the Government to provide information on the work of the Danish Agency for Labour Market and Recruitment to promote gender equality in employment and occupation, and the results achieved.

National institutions. The Committee notes that the Danish Institute for Human Rights (formerly part of the Danish Centre for International Studies and Human Rights) provided independent assistance to victims of sex discrimination in 38 inquiries, including outside the labour market, and to 145 perceived victims of ethnic discrimination between 2011 and 31 December 2014. The Committee also notes that the mandate of the Danish Institute for Human Rights has been enlarged to include investigations of its own motion about religion, political opinion, national or social origin, disability, sexual orientation and age. The Government adds that an anti-discrimination unit was set up in April 2014 which carries out anti-discrimination campaigns, coordinates inter municipal efforts against discrimination and supports private companies in their efforts to combat discrimination in the workplace. The Committee requests the Government to continue providing information on cases regarding discrimination at work brought before the Board of Equal Treatment with the assistance of the Danish Institute for Human Rights and the courts. Please continue to provide information on the activities of the anti-discrimination unit in giving effect to the provisions of the Convention.