Country report, gender equality : how are EU rules transposed into national law? : Denmark 2019.
Date: 2019-11-13
Institutions: Directorate-General for Justice and Consumers
Subjects: Denmark, age discrimination, anti-discriminatory measure, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

Denmark 

2019 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.2 Gender Equality 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

Denmark 

Stine Jørgensen 

Reporting period 1 January 2018 – 31 December 2018 

2019 

  Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Luxembourg: Publications Office of the European Union, 2019 

© European Union, 2019 

PDF  

 ISBN 978-92-76-01782-0 

ISSN 2600-0164  

doi:10.2838/602355  

  DS-BD-19-007-EN-N 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - Gender equality – Denmark - 2019 

CONTENTS 

1 

2 

3 

4 

5 

6 

7 

Introduction ............................................................................................... 5 
Basic structure of the national legal system ............................................ 5 
1.1 
List of main legislation transposing and implementing the directives .......... 5 
1.2 
1.3 
Sources of law .................................................................................... 6 
General legal framework ............................................................................ 7 
Constitution ........................................................................................ 7 
2.1 
Equal treatment legislation ................................................................... 7 
2.2 
Implementation of central concepts ........................................................... 8 
General (legal) context......................................................................... 8 
3.1 
Sex/gender/transgender ...................................................................... 9 
3.2 
Direct sex discrimination ...................................................................... 9 
3.3 
3.4 
Indirect sex discrimination .................................................................... 9 
3.5  Multiple discrimination and intersectional discrimination ......................... 10 
Positive action ................................................................................... 10 
3.6 
Harassment and sexual harassment ..................................................... 12 
3.7 
Instruction to discriminate .................................................................. 13 
3.8 
3.9 
Other forms of discrimination .............................................................. 13 
3.10  Evaluation of implementation .............................................................. 13 
3.11  Remaining issues ............................................................................... 13 
Equal pay and equal treatment at work (Article 157 of the Treaty on the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54)
 ................................................................................................................. 14 
General (legal) context....................................................................... 14 
4.1 
Equal pay ......................................................................................... 14 
4.2 
Access to work, working conditions and dismissal .................................. 17 
4.3 
Evaluation of implementation .............................................................. 18 
4.4 
4.5 
Remaining issues ............................................................................... 18 
Pregnancy, maternity, and leave related to work-life balance for workers 
(Directive 92/85, relevant provisions of Directives 2006/54 and 2010/18)
 ................................................................................................................. 19 
General (legal) context....................................................................... 19 
5.1 
Pregnancy and maternity protection .................................................... 19 
5.2 
5.3  Maternity leave ................................................................................. 21 
Adoption leave .................................................................................. 22 
5.4 
Parental leave ................................................................................... 23 
5.5 
Paternity leave .................................................................................. 27 
5.6 
Time off/care leave ............................................................................ 27 
5.7 
Leave in relation to surrogacy ............................................................. 27 
5.8 
5.9 
Flexible working time arrangements..................................................... 27 
5.10  Evaluation of implementation .............................................................. 28 
5.11  Remaining issues ............................................................................... 29 
Occupational social security schemes (Chapter 2 of Directive 2006/54) .. 30 
General (legal) context....................................................................... 30 
6.1 
Direct and indirect discrimination ........................................................ 30 
6.2 
6.3 
Personal scope .................................................................................. 30 
6.4  Material scope ................................................................................... 30 
Exclusions ........................................................................................ 30 
6.5 
6.6 
Laws and case law falling under the examples of sex discrimination 
mentioned in Article 9 of Directive 2006/54 .......................................... 30 
Actuarial factors ................................................................................ 30 
6.7 
Difficulties ........................................................................................ 31 
6.8 
6.9 
Evaluation of implementation .............................................................. 31 
6.10  Remaining issues ............................................................................... 31 
Statutory schemes of social security (Directive 79/7) ............................. 32 
General (legal) context....................................................................... 32 
7.1 

3 

 
 
 
8 

9 

7.2 

Implementation of the principle of equal treatment for men and women in 
matters of social security .................................................................... 32 
7.3 
Personal scope .................................................................................. 32 
7.4  Material scope ................................................................................... 32 
Exclusions ........................................................................................ 32 
7.5 
Actuarial factors ................................................................................ 32 
7.6 
Difficulties ........................................................................................ 32 
7.7 
Evaluation of implementation .............................................................. 33 
7.8 
Remaining issues ............................................................................... 33 
7.9 
Self-employed workers (Directive 2010/41/EU and some relevant 
provisions of the Recast Directive) ........................................................... 34 
General (legal) context....................................................................... 34 
8.1 
Implementation of Directive 2010/41/EU .............................................. 34 
8.2 
8.3 
Personal scope .................................................................................. 34 
8.4  Material scope ................................................................................... 35 
Positive action ................................................................................... 35 
8.5 
8.6 
Social protection ............................................................................... 35 
8.7  Maternity benefits.............................................................................. 36 
Occupational social security ................................................................ 36 
8.8 
8.9 
Prohibition of discrimination ................................................................ 36 
8.10  Evaluation of implementation .............................................................. 36 
8.11  Remaining issues ............................................................................... 36 
Goods and services (Directive 2004/113) ................................................ 37 
General (legal) context....................................................................... 37 
9.1 
9.2 
Prohibition of direct and indirect discrimination ..................................... 37 
9.3  Material scope ................................................................................... 37 
Exceptions ........................................................................................ 37 
9.4 
Justification of differences in treatment ................................................ 37 
9.5 
Actuarial factors ................................................................................ 37 
9.6 
Interpretation of exception contained in Article 5(2) of Directive 2004/113 38 
9.7 
Positive action measures (Article 6 of Directive 2004/113) ...................... 38 
9.8 
9.9 
Specific problems related to pregnancy, maternity or parenthood ............ 38 
9.10  Evaluation of implementation .............................................................. 38 
9.11  Remaining issues ............................................................................... 38 

10  Violence against women and domestic violence in relation to the Istanbul 

Convention ............................................................................................... 39 
10.1  General (legal) context....................................................................... 39 
10.2  Ratification of the Istanbul Convention ................................................. 39 

11  Compliance and enforcement aspects (horizontal provisions of all 

directives) ................................................................................................ 41 
11.1  General (legal) context....................................................................... 41 
11.2  Victimisation ..................................................................................... 41 
11.3  Access to courts ................................................................................ 41 
11.4  Horizontal effect of the applicable law .................................................. 42 
11.5  Burden of proof ................................................................................. 42 
11.6  Remedies and sanctions ..................................................................... 42 
11.7  Equality body .................................................................................... 43 
11.8  Social partners .................................................................................. 43 
11.9  Other relevant bodies......................................................................... 43 
11.10  Evaluation of implementation .............................................................. 43 
11.11  Remaining issues ............................................................................... 43 
12  Overall assessment .................................................................................. 45 
Bibliography ..................................................................................................... 46 

4 

 
1 

Introduction 

1.1  Basic structure of the national legal system 

Denmark is a constitutional monarchy, consisting of Denmark, Greenland and the Faroe 
Islands. Greenland and the Faroe Islands are not members of the European Union. 

The Danish judicial system is based on the traditions of civil law as in continental Europe. 
In general, rules and legal principles are organised in a number of codes. Approximately 
80 %  of  the  Danish  labour  market  is  covered  by  collective  agreements.  Collective 
agreements  cover  areas  such  as  wages  and  parental  leave  rights.  Thus,  collective 
agreements play a significant role in the legal landscape regarding work-related issues. 
The agreements are concluded by the labour market parties themselves and the state is 
not party or in any other way involved in such agreements.1  

A special arbitration panel as well as the Labour Court have been set up by the  state in 
order  to  assist  in  solving  conflicts  in  the  labour  market.  Specific  legislation  concerning 
employees in general has mainly been passed as part of the process of implementing the 
European Union directives. 

The  Danish welfare model is to a large  extent funded by general taxes. Regulation and 
interpretation  of  social  security  benefits  are  tied  to  the  Parliament;  courts,  in  their 
interpretation of regulations, often follow the intent of the legislators. This suggests that 
judicial interpretations of the legislation are very closely linked to the preparatory work.  

In  addition  to  the  court  system,  there  are  several  specialised  administrative  complaint 
boards in Denmark. The Board of Equal Treatment (the Equality Board) was established in 
2009. The board handles individual complaints on all grounds of discrimination. Decisions 
of the Equality Board can be brought before the courts.  

1.2  List of main legislation transposing and implementing the directives 

Danish  legislation  is  published  electronically  in  Danish  by  the  Danish  State  in  the 
Retsinformation.2 

The relevant Danish legislation on equality with regard to the subject of this report is listed 
below: 

- 
- 

- 
- 

- 

Consolidation Act No 156/2019 on Equal Pay (Ligelønsloven).3 
Consolidation  No  645/2011  on  Equal  Treatment  of  Men  and  Women  as  regards 
access to employment etc., (Ligebehandlingsloven).4 
Consolidation Act No 1678/2013 on Gender Equality (Ligestillingsloven).5 
Consolidation  Act  No  1001/2017  on  the  prohibition  of  discrimination  in  the  labour 
market, (Forskelsbehandlingsloven).6 
Consolidation Act No 67/2019 on  entitlement to leave and benefits in the event of 
childbirth, (Barselsloven).7 

1   For more on the Danish labour market system see Kristinasen, J. (ed) (2015) Europe and the Nordic 

Collective-Bargaining Model: The Complex Interaction between Nordic and European Labour Law, Nordic 
Council of Ministers. 

2   www.retsinfo.dk. 
3   https://www.retsinformation.dk/Forms/R0710.aspx?id=206381.  
4   https://www.retsinformation.dk/Forms/R0710.aspx?id=137042.  
5   https://www.retsinformation.dk/Forms/R0710.aspx?id=160578.  
6   https://www.retsinformation.dk/Forms/R0710.aspx?id=179869.  
7   https://www.retsinformation.dk/Forms/R0710.aspx?id=206401.  

5 

 
 
 
 
 
 
 
 
 
 
                                                   
 
- 

Consolidation  Act  No  950/2015  on  Equal  Treatment  between  Men  and  Women  in 
insurance, pension and similar matters, (Lov om ligebehandling af mænd og kvinder 
i forbindelse med forsikring, pension og lignende finansielle ydelse).8  

1.3  Sources of law 

The  main  sources  of  gender  equality  law  in  Denmark  are  the  national  gender  equality 
legislation,  national  as  well  as  EU  case  law,  ratified  international  treaties  and  collective 
agreements.  The  administrative  equality  body  has  the  competence  to  decide  on 
discrimination cases brought before it. Decisions by the Equality Board might in principle 
be used in courts as interpretive tools.  

8   https://www.retsinformation.dk/Forms/R0710.aspx?id=168655.  

6 

 
 
 
 
                                                   
2 

General legal framework 

2.1  Constitution 

2.1.1  Constitutional ban on sex discrimination 

The Danish Constitution does not provide for a ban on sex discrimination.  

2.1.2  Other constitutional protection of equality between men and women 

There is no constitutional protection of equality between men and women in the Danish 
Constitution.  

2.2  Equal treatment legislation 

Gender Equality Act, Consolidation Act No. 1678, 19 December 2013. 

Act on prohibition against discrimination in the labour market, Consolidation Act No. 1001, 
24 August 2017. 

Act  on  Equal  Treatment  of  Men  and  Women  as  regards  access  to  employment  etc., 
Consolidation Act No. 645, 8 June 2011, as amended by Act No. 553, 2012, Paragraph 13; 
as well as Act No. 217, 2013, and Act No. 217, 5 March 2013. 

Equal Pay Act, Consolidation Act No.558, 17 June 2008, as amended by Act No. 513, 2008 
and Act No. 116, 2016. 

According to Section 1 of the Gender Equality Act, the purpose of the act is to promote 
equality between women and men, including equal integration, equal influence and equal 
opportunities in all society, based  on women's and men's equality. The goal was also to 
prevent  direct  and  indirect  discrimination  on  the  ground  of  gender  and  to  prevent 
harassment and sexual harassment. 

According to Section 1 of the Act on Equal Treatment of Men and Women as regards access 
to  employment  etc.,  the  purpose  of  the  act  is  to  ensure  that  there  must  be  no 
discrimination on the ground of sex. This applies to both direct discrimination and indirect 
discrimination, in particular by reference to pregnancy or to marital or family status. 

Section 1 of the Act on the prohibition of discrimination in the labour market states that 
discrimination in the labour market is prohibited with regard to  race, colour,  religion or 
belief,  political  opinion,  sexual  orientation,  age,  disability  or  national,  social  or  ethnic 
origin.  

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3 

Implementation of central concepts 

3.1  General (legal) context 

3.1.1  Surveys on the definition, implementation and limits of central concepts of gender 

equality law 

Danish Institute of Human Rights (2016), Status report on gender 2015/2016.9 

This report gives an overview of gender equality in Denmark in general. In particular high 
level of participation of women in the labour market is mentioned as positive. At the same 
time the gender-segregated education system as well as gender segregation in the labour 
market are highlighted as areas of concern.  

KVINFO (Danish centre for study of and work with issues relating to gender, equality and 
diversity) (2018) ‘Study on paternity leave in Denmark’.10  

This information site provides information on paternity leave in general. In Denmark most 
women take a leave of absence when caring for smaller children, which has consequences 
for the equality of men and women with regard to equal pay and equal pension coverage 
in old age.  

Danish Centre for Social Science Research (2018), Report on the difference in pay for men 
and women 2012-2016.11  

According to the report there has been an improvement in the gross salary gap between 
men and women since 2007. The report concludes that women’s educational attainments 
is  one  reason  for  this  improvement.  Also,  an  increase  in  the  number  of  women  in 
management  positions  adds  positively  to  the  decrease  in  the  gross  wage  difference 
between men and women.  

Danish  Ministry  of  Employment  (2016),  Report  on  Discrimination  in  the  Labour  Market 
2014-2016.12 

The  survey  gives  an  overview  of  discrimination  cases  decided  by  the  Equality  Board  as 
well as by courts from 2014-2016. The purpose of the study is to create a comprehensive 
overview of the legal situation in this type of case and the extent of discrimination in the 
labour market on the basis of the decisions requested.  

3.1.2  Other issues 

Nothing further. 

3.1.3  General overview of national acts 

The  Minister  for  Gender  Equality  has  the  overall  responsibility  for  the  Government's 
activities  in  the  field  of  gender  equality  and  coordinates  the  equality  work  of  other 
ministries.  The  Department  for  Gender  Equality  functions  as  the  secretariat  for  the 
minister,  and  is  responsible  for  Government  initiatives  in  the  field  of  gender  equality 
through the coordination, development and implementation of the Government’s policies 
and  councils.  In  addition,  the  ministry  advises  the  minister  and  Parliament  on  matters 

9   https://menneskeret.dk/sites/menneskeret.dk/files/media/dokumenter/udgivelser/status/2015-

16/delrapporter_med_issn/status_2015-16_delrapport_om_koen_-_issn.pdf. 

10   https://kvinfo.dk/viden-om-faedres-barsel/. 
11   https://www.vive.dk/da/udgivelser/forskelle-mellem-kvinders-og-maends-timeloen-6990/ 
12   https://bm.dk/media/5145/beskaeftigelsesministeriets-undersoegelse-af-forskelsbehandling-paa-

arbejdsmarkedet-2014-2016.pdf. 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
concerning gender equality. An overview (in Danish) of national acts on gender equality 
can be found on the webpage for the Minster for Gender Equality: 
http://um.dk/da/ligestilling/lovgivning-om-ligestilling/lovgivning/.  

3.1.4  Political and societal debate and pending legislative proposals 

In Denmark, #metoo has been a subject of public debate for some time. The debate has 
turned into a more general discussion of identity policy. The majority opinion is that there 
is an unhealthy focus on victims of harassment and that this leads to ‘political correctness’.  

3.2  Sex/gender/transgender 

3.2.1  Definition of ‘gender’ and ‘sex’ 

The concepts of ‘gender’ and ‘sex’ are not defined in the legislation. Danish legislation does 
not distinguish between gender and sex.  

3.2.2  Protection of transgender, intersex and non-binary persons 

Protection of transgender, intersex and non-binary persons are not specifically mentioned 
in  national  law  but  will  be  covered  by  the  prohibition  to  discriminate  on  the  ground  of 
gender.  

3.2.3  Specific requirements  

There are no specific requirements for trans persons in order to benefit from legal non-
discrimination protection. 

3.3  Direct sex discrimination 

3.3.1  Explicit prohibition 

The prohibition on discrimination directly on the ground  of gender is explicitly stated in 
the  legislation.  Both  direct  and  indirect  discrimination  is  prohibited  under  the  Equal 
Treatment Acts (Equal Treatment of Men and Women as regards access to Employment 
and Act on Gender Equality). There is direct discrimination if a person, because of their 
sex, is treated less favourably than another person is, has been or would be treated in a 
comparable situation.  

3.3.2  Prohibition of pregnancy and maternity discrimination 

Discrimination  due  to  pregnancy,  maternity,  paternity  and  parental  leave  is  considered 
direct discrimination. Any less favourable treatment of a woman related to pregnancy and 
a woman’s 14 weeks' absence after birth is considered as direct discrimination. 

3.3.3  Specific difficulties 

There are no specific difficulties. 

3.4  Indirect sex discrimination 

3.4.1  Explicit prohibition 

Indirect discrimination is explicitly prohibited in the Danish legislation: under Section 1(3) 
of Section 1(3) of The Act on Equal Treatment of Men and Women as regards access to 
employment  etc.,  (Ligebehandlingsloven);  and  Section  2(3)  of  Act  on  Gender  Equality 
(Ligestillingsloven). 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Indirect  discrimination  is,  where  a  provision,  criterion  or  practice  which  is  apparently 
neutral, would affect persons of one sex more than persons of the other sex, unless that 
provision,  criterion  or  practice  is  objectively  justified  by  a  legitimate  purpose  and  the 
means of achieving that aim are appropriate and necessary. 

3.4.2  Statistical evidence  

Statistical  evidence  is  in  principle  not  required  in  order  to  establish  a  presumption  for 
indirect discrimination. However, if statistical evidence is available it might provide sound 
evidence for a presumption for indirect discrimination. 

3.4.3  Application of the objective justification test 

The  justification  test  applies  when  a  presumption  for  discrimination  is  established. 
Justification requires a legitimate aim and that this aim cannot be achieved through less 
discriminatory means.  

3.4.4  Specific difficulties 

The  main  issues  in  discrimination  cases  when  it  comes  to  the  justification  relate  to  the 
strength of arguments. Sometimes the courts or the Equality Board are willing to accept 
arguments,  which,  in  the  opinion  of  the  author  of  this  report,  are  not  convincing  in 
justifying an indirect discriminatory rule or practice.  

3.5  Multiple discrimination and intersectional discrimination13 

3.5.1  Definition and explicit prohibition  

There  is  no  definition  of  multiple  or  intersectional  discrimination  in  Danish  equality 
legislation. There has been no debate or proposals on this topic. 

3.5.2  Case law and judicial recognition 

Case law does not tend to address multiple discrimination. Discrimination cases are usually 
decided on one of the prohibited grounds. In a landmark case from the Danish Supreme 
Court (U.2005.1265H) a young Muslim women working in a grocery store was dismissed 
because  she  wore  a  headscarf,  which  was  against  the  dress  code.  The  Supreme  Court 
found  that  the  dress  code  was  justified  and  thus  not  a  violation  of  the  right  to  non-
discrimination on grounds of ethnicity. The intersectional effect of the dress code was not 
addressed by the court. 

3.6  Positive action 

3.6.1  Definition and explicit prohibition 

The  Danish  Gender  Equality  Act  (Section  3(1))  and  the  Danish  Equal  Treatment  Act  as 
regards access to Employment (Section 13(2)) permit public authorities and employers to 
invoke special temporary measures to support gender equality. According to Section 13(2) 
of the Equal Treatment Act, the relevant minister under whose responsibility a business 
comes may allow measures derogating from Sections 2 to 6 in the Gender Equality Act in 
order  to  promote  equal  opportunities  for  women  and  men,  in  particular  by  remedying 
actual inequalities affecting access to employment, education, etc. 

13   See for more information Fredman, S. (2016) Intersectional discrimination in EU gender equality and non-

discrimination law European network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/3850-intersectional-discrimination-in-eu-gender-equality-and-non-
discrimination-law-pdf-731-kb. 

10 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
Further to this, specific rules are laid down in Ministerial Order 340/2017 on measures to 
promote gender equality without derogation.  

3.6.2  Conceptual  distinctions  between  ‘equal  opportunities’  and  ‘positive  action’  in 

national law 

The Danish legislation make use of the term special temporary measures. The purpose of 
a  special  temporary  measure  is  to  ensure  equal  opportunities  for  the  underrepresented 
gender.  

3.6.3  Specific difficulties  

There are no specific difficulties. 

3.6.4  Measures to improve the gender balance on company boards.  

Legislation in respect of gender balance in boards in state owned companies has been in 
place since 1990. Legislation that requires the largest companies to set a target figure and 
establish a policy for the gender composition of management came into force on 1 January 
2013.14  The  laws  do  not  provide  a  specific  target  or  threshold,  rather  the  companies 
themselves set their own target figure in respect of the business area.  

According to Section 11  of the  Gender Equality Act and the Danish Financial Statement 
Act, companies are obliged to set targets for the quota of the underrepresented gender in 
the boards. Target goals must be set for the share and number of the underrepresented 
gender. In addition, the companies must report on the status of the achievement of the 
set targets. The central management body must also establish a policy for increasing the 
proportion of the underrepresented gender at the company’s other management levels. It 
is essential that the policies are supported by concrete initiatives including specific actions 
and associated results. The obligation to prepare a policy applies only to companies with 
50 or more employees.  

The  companies  must  report  annually  on  compliance  with  the  goals  set  in  a  gender 
statement  containing  information  on  the  target  number  set  as  well  as  on  the  general 
policies on women in management. The Business Agency makes a yearly evaluation of the 
company’s gender statement. If a company does not comply with the legal requirements 
when reporting, the company can be  served with an administrative order. The Business 
Agency has the  power  to  enforce the legal requirements. As  a last  resort, the Business 
Agency can report companies that are not in compliance with the regulation to the police.  

In 2017, the Business Agency conducted an evaluation of the impact of the legislation on 
the number of women in management in the largest companies in Denmark. According to 
the evaluation, the overall pictures is that since the legislation came into force, there is a 
slight tendency for increased annual growth in the proportion of women on the boards of 
the largest Danish companies. However, the evaluation also shows that the effect of the 
statutory requirement so far is somewhat limited, as the annual increase in growth  has 
not exceeded 1.1 percentage points.15 

3.6.5  Positive action measures to improve the gender balance in other areas 

There are no positive actions to improve gender balance.  

14   Denmark, Act No 1383/2012 amending the Danish Companies Act and the Financial Statements Act 

https://www.retsinformation.dk/Forms/R0710.aspx?id=144739.  

15   The Business Agency (2017) ‘Evaluation on the legislation concerning the legislation on target figures and 
policies for the underrepresented gender effect’ https://erhvervsstyrelsen.dk/sites/default/files/2019-
02/180921_evaluering_af_maaltal_og_politikker_2018.pdf.  

11 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
3.7  Harassment and sexual harassment 

3.7.1  Definition and explicit prohibition of harassment 

Harassment  is  explicitly  mentioned  in  the  equality  legislation  as  a  prohibited  form  of 
discrimination. According to the Gender Equality Act (Section 2a(2)), sexual harassment 
is defined as undesirable behaviour displayed in relation to a person's sex for the purpose 
or  effect  of  violating  a  person's  dignity  and  creating  a  threatening,  hostile,  degrading, 
humiliating or unpleasant climate. This complies with EU regulation. 

3.7.2  Scope of the prohibition of harassment 

Section  2a  of  the  Gender  Equality  Act,  prohibiting  harassment  and  sexual  harassment, 
covers discrimination outside the labour market. 

Section  1(5)  of  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  access  to 
employment etc. covers harassment and sexual harassment in the labour market. 

Section  3a(1)  of  the  Act  on  Equal  Treatment  between  Men  and  Women  in  insurance, 
pension and similar matters covers occupational security schemes and insurance.  

3.7.3  Definition and explicit prohibition of sexual harassment 

Sexual harassment is explicitly mentioned in the equality legislation as a prohibited form 
of  discrimination.  According  to  Section  2a(2)  of  the  Gender  Equality  Act,  sexual 
harassment is defined as undesirable behaviour displayed in relation to a person's sex for 
the purpose or  effect  of violating a person's dignity and creating a threatening, hostile, 
degrading, humiliating or unpleasant climate. This complies with EU regulation. 

3.7.4  Scope of the prohibition of sexual harassment 

Section  2a  of  the  Gender  Equality  Act,  prohibiting  harassment  and  sexual  harassment, 
covers discrimination outside the labour market. 

Section  1(5)  of  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  access  to 
employment etc. covers harassment and sexual harassment in the labour market. 

Section  3a(1)  of  the  Act  on  Equal  Treatment  between  Men  and  Women  in  insurance, 
pension and similar matters covers occupational security schemes and insurance.  

3.7.5  Understanding of (sexual) harassment as discrimination 

Section 1(4) and Section 1(5) of the Act on Equal Treatment of Men and Women as regards 
employment etc. explicitly includes harassment and sexual harassment. The law explicitly 
states that the fact that a person rejects or submits to such conduct cannot be used against 
that person (Section 1(4)).  

3.7.6  Specific difficulties  

There are no specific difficulties. 

12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.8  Instruction to discriminate 

3.8.1  Explicit prohibition 

Instruction to discriminate is explicitly prohibited in the equality legislation. According to 
Section 2 of the Gender Equality Act, an instruction to discriminate against a person on 
the ground of sex is considered discrimination. 

3.8.2  Specific difficulties 

There are no specific difficulties. 

3.9  Other forms of discrimination 

The  Danish  Equality  Board  in  a  decision  of  24  June  2011  (case  101/2011)  specifically 
mentioned the ECJ case C-303/06 Coleman and the right not to be discriminated against 
on the grounds of association to a person protected by non-discrimination law.  

3.10 Evaluation of implementation 

In the opinion of the author, Danish legislation complies with the directives with regard to 
the various forms of discrimination (direct, indirect, (sexual) harassment and instruction). 
Most discrimination cases are decided by the Equality Board. The board has the power to 
decide  on  cases  only  on  the  merit  of  written  evidence  and  the  board  cannot  evaluate 
evidence.  This  means  that  no  oral  evidence  can  be  submitted  before  the  board  and  all 
cases are decided on a written basis. This means that in some cases the board will reject 
the case on the basis of lack of evidence. Cases decided by the lower courts in Denmark 
are not published. Most decisions on cases heard in the higher courts, as well as all cases 
by the Supreme Court, are published. Therefore, any evaluation of case law tends to be 
slightly flawed.  

3.11 Remaining issues 

There are no remaining issues. 

13 

 
 
 
 
 
 
 
 
 
 
 
4 

Equal  pay  and  equal  treatment  at  work  (Article  157  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54) 

4.1  General (legal) context 

4.1.1  Surveys on the gender pay gap and the difficulties of realising equal pay 

The Danish Centre for Social Science Research (2018) Report on the difference in pay for 
men and women 2012-2016.16  

According to the report there has been an improvement in the gross salary gap between 
men and women since 2007. The report concludes that women’s educational attainment 
is  one  reason  for  this  improvement.  Moreover,  an  increase  in  the  number  of  women  in 
management  positions  adds  positively  to  the  decrease  in  the  gross  wage  difference 
between men and women. 

4.1.2  Surveys on the difficulties of realising equal treatment at work 

Danish Institute of Human Rights (2016), Status report on gender 2015/2016.17 

This report gives an overview of gender equality in Denmark in general. In particular, the 
high level of participation of women in the labour market is mentioned as positive. At the 
same time the gender-segregated education system as well as gender segregation in the 
labour market are highlighted as areas of concern.  

KVINFO (Danish centre for study of and work with issues relating to gender, equality and 
diversity) (2018) ‘Study on paternity leave in Denmark’.18  

This information site provides information on paternity leave in general. In Denmark, most 
women take a leave of absence when caring for smaller children, which has consequences 
for the equality of men and women. 

4.1.3  Other issues 

There are no further issues. 

4.1.4  Political and societal debate and pending legislative proposals 

There are no political and/or societal debates and no pending legislative proposals. 

4.2  Equal pay 

4.2.1  Implementation in national law 

In Denmark, equal pay between men and women is governed by the Equal Pay Act, which 
dates back to 1976 when it was adopted to implement the Equal Pay Directive. It has been 
amended on several occasions. The latest amendment was in 2016.  

Collective bargaining is of paramount importance in all wage issues in Denmark. Collective 
agreements  must  comply  with  the  principle  of  equal  pay  for  men  and  women.  This 
interpretation  is  supported  by  a  mediation  agreement  from  28  March  1973,  which 
abolished  different  pay  rates  for  men  and  women  in  collective  agreements  between 
members  of  the  LO,  the  Danish  Confederation  of  Trade  Unions,  and  the  DA,  the 

16   https://www.vive.dk/da/udgivelser/forskelle-mellem-kvinders-og-maends-timeloen-6990/. 
17   https://menneskeret.dk/sites/menneskeret.dk/files/media/dokumenter/udgivelser/status/2015-

16/delrapporter_med_issn/status_2015-16_delrapport_om_koen_-_issn.pdf. 

18   https://kvinfo.dk/viden-om-faedres-barsel/. 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
Confederation of Danish Employers, which have been the two main organisations since 1 
April 1976 (i.e. three months after Article 141 EC then Article 119 EEC - became directly 
applicable  in  Denmark  due  to  the  Defrenne-II  judgement).  In  practice,  there  are  no 
express equal pay clauses in Danish collective agreements. Not all collective agreements 
specifically mention the principle of equal pay, but the principle of equal pay is still valid 
for and binding on the contracting parties. This implicit way of regulating the issue does 
not  contribute  to  a  better  understanding  of  the  notion  of  pay.  Collective  agreements  in 
Denmark are private contracts, hence, in principle, a matter for the contracting parties.  

4.2.2  Definition in national law 

According to Section 1(1) of the Equal Pay Act, it is a violation of the principle of equal pay 
if  gender  is  the  reason  for  a  different  salary.  This  applies  to  direct  as  well  as  indirect 
discrimination.  

There is no definition of pay in the legislation. However, Section 1(2) of the Equal Pay Act 
states that the principle of equal pay applies to all elements of the pay, both in kind and 
in cash, as well as to all conditions related to the payment. The wording of the Equal Pay 
Act Section 1(2) corresponds to the wording of Article 4 of the Recast Directive.  

4.2.3  Explicit implementation of Article 4 of Recast Directive 2006/54 

The Danish Equal Pay Act was amended in 2008 in order to implement the Recast Directive 
in matters of equal pay. Section 1 of the Equal Pay Act was reworded so as to follow closely 
the wording of the directive.  

4.2.4  Related case law 

Danish Equality Board, case 2017-6810-22191: A male employee found that the parental 
leave policy in his work place was an infringement of the right to non-discrimination on 
grounds of gender as well as an infringement of the Equal Pay Act. According to the policy, 
the entitlement to compensation related to parental leave for mothers was calculated on 
the  basis  of  seniority  whereas  the  compensation  for  fathers  was  a  fixed  amount. 
Accordingly, there was the potential for mothers to receive a higher level of compensation 
than fathers. The Equality Board found this to be an infringement of the right to equal pay. 

Danish  Equality  Board,  case  2015-6810-03775:  A  female  store  manager  was  placed  in 
another store after returning from parental leave. The store was situated in an area with 
fewer customers. Accordingly, it became more difficult to comply with the goals set in the 
employment  contract  that  would  result  in  an  economic  bonus.  According  to  the 
employment contract, a bonus would be awarded when the turnover in the store reached 
a  certain  amount.  Because  of  the  difficulties  in  obtaining  a  bonus,  the  female  store 
manager found the placement in the new store after the return from parental leave to be 
an infringement of her right to equal pay. The Equality Board found that the placement in 
a different store was in accordance with her employment contract and therefore was not 
an infringement of the right to equal pay, even though it became more difficult for her to 
be awarded a bonus.  

Danish Equality Board, case 2014-6810-07992: A female health consultant was employed 
in  a  local  health  centre  on  a  temporary  contract.  In  total  13  health  consultants  were 
employed  at  the  centre,  the  vast  majority  of  whom  were  female.  The  complainant  was 
working  in  a  smaller  unit  with  only  two  consultants,  one  man  and  one  woman.  The 
complainant was assigned salary level 4, while the other consultants in her unit were both 
assigned a higher salary level. The complainant  claimed that her assignment of a lower 
salary level was an infringement of the right to equal pay. The Equality Board pointed to 
the fact that the health centre mainly employed female consultants and accordingly found 

15 

 
 
 
 
 
 
 
 
 
that the assignment of salary levels was not related to gender and thus not an infringement 
of the right to equal pay.19  

4.2.5  Permissibility of pay differences 

There is no permissibility of pay differences. 

4.2.6  Requirement for comparators 

A comparator is not required but is often used to set out or prove a difference in treatment. 
Comparators can be within the same employer or be taken more broadly across different 
sectors.  

4.2.7  Existence of parameters for establishing the equal value of the work performed 

No parameters are laid down in the Equal Pay Act.  

4.2.8  Other relevant rules or policies 

There are no other relevant rules or policies. 

4.2.9  Wage transparency 

In 2016, the Equal Pay Act was amended by Act No 116/2016. Following the amendment, 
Section 5 of the Equal Pay Act stipulates that only companies with a minimum of 35 full-
time  workers  have  to  prepare  gender-segregated  wage  statistics  every  year.  The 
management has to inform employees about the wage differences and engage in a hearing 
on gendered wage differences. Until the introduction of the recent amendment, such an 
obligation applied to companies with a minimum of 10 full-time workers. The duty only 
applies to companies that employ a minimum of 10 men and 10 women with comparable 
job functions. 

The preparatory work to this amendment stated that it was not expected that there would 
be  any  negative  gender  consequences.  The  purpose  behind  the  reduction  of  companies 
under  the  obligation  to  prepare  gender-segregated  wage  statistics  was  to  ease  the 
administrative burden on smaller companies.  

4.2.10 Implementation of the transparency measures set out by European Commission’s 
Recommendation  of  7  March  2014  on  strengthening  the  principle  of  equal  pay 
between men and women 

The Commission’s recommendation provides guidance to Member States on a better and 
more  effective  implementation  of  the  equal  pay  principle.  Some  of  the  instruments 
mentioned in the recommendation are in effect in Denmark, however, the recommendation 
was not specified as the basis for putting the instruments into effect in practice.  

4.2.11 Other measures, tools or procedures 

According to the Equal Pay Act, the Government is obliged to present a national statement 
on the status and development of the gender pay gap every three years. This monitoring 
report  is  based  on  an  extensive  review  as  well  as  a  large  dataset  and  is  made  public. 
Furthermore, all companies with more than 35 employees have to make available a yearly 
statistical overview on pay distribution segregated by sex. This allows for full transparency 
on wages within companies, and the national statement ensures that the gender pay gap 
is analysed and kept on the political agenda.  

19   These cases were published on the Danish Equality Board database. 

16 

 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
                                                   
 
Section 5a of the Danish Equal Pay Act, on gender-segregated pay statistics was improved 
in 2015.20 The amendment to the Equal Pay Act aimed to strengthen cooperation on equal 
pay  in  the  workplace  by  increasing  the  number  of  companies  covered  by  the  duty  to 
provide  gender  specific  wage  statistics.  According  to  the  2015  amendment,  the  duty  to 
provide gender-segregated wage statistics yearly applied to companies with more than 10 
employees.  In  2016,  the  act  was  amended  again,  such  that  only  companies  with  35  or 
more  employees  are  under  the  obligation  to  provide  gender-segregated  wage  statistics 
yearly.21  

A research group at the University of Copenhagen has conducted a study that found that 
wage transparency helps to reduce the wage gap between men and women.22 

4.3  Access to work, working conditions and dismissal 

4.3.1  Definition of the personal scope (Article 14 of Recast Directive 2006/54) 

The  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  access  to  employment  etc. 
applies to workers as well as job seekers.  

The Act on Equal Treatment between men and women in insurance, pensions and similar 
matters implements the Recast Directive with regard to insurance and occupational social 
security schemes.  The  act applies to workers,  including self-employed persons, persons 
whose activity is interrupted by illness, maternity, accident or involuntary unemployment 
and persons seeking employment and to retired and disabled workers, and to their close 
relatives their beneficiaries, according to Section 1.  

4.3.2  Definition of the material scope (Article 14(1) of Recast Directive 2006/54) 

The  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  access  to  employment  etc. 
applies to access to work including recruitment, working conditions and transfers of job as 
well as to dismissals. The act also applies to access to vocational training and guidance as 
well as to retraining.  

The Act on Equal Treatment of Men and Women in insurance, pensions and similar matters 
applies to occupational social security schemes, insurance and other financial services.  

4.3.3  Implementation of the exception on occupational activities (Article 14(2) of Recast 

Directive 2006/54) 

Section  13  of  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  access  to 
employment etc. allows for derogation by the relevant minister if the occupational activity 
and training is strictly relevant to a person of a particular gender.  

There has not been any assessment of this provision. 

4.3.4  Protection  against  the  non-hiring,  non-renewal  of  a  fixed-term  contract,  non-
continuation  of  a  contract  and  dismissal  of  women  connected  to  their  state  of 
pregnancy and/or maternity 

Under Chapter 3 of the Act on Equal Treatment of Men and Women as regards access to 
employment etc., an employer may not dismiss an employee or demote an employee to a 
less favourable position due to the fact that the employee has insisted on exercising her/his 
right of absence on the grounds of pregnancy or maternity/paternity/parental leave. 

20   Denmark, Act 513/2014 amending the Act of Equal Pay. 
21   Denmark, Act 116/2016 amending the Equal Pay Act.  
22   https://news.ku.dk/all_news/2018/12/wage-transparency-works/.  

17 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
4.3.5  Implementation  of  the  exception  on  the  protection  for  women  in  relation  to 

pregnancy and maternity (Article 28(1) of Recast Directive 2006/54)  

Special measures on the protection for women in relation to pregnancy and maternity are 
explicitly  excluded  from  the  notion  of  discrimination,  (Section  1(8)  of  the  Act  on  Equal 
Treatment of Men and Women as regards access to employment etc).  

4.3.6  Particular difficulties 

There are no particular difficulties  

4.3.7  Positive action measures (Article 3 of Recast Directive 2006/54)  

Section 13(2)  of the Act on  Equal Treatment as  regards access to  Employment  permits 
employers to invoke special temporary measures to support gender equality. According to 
Section  13(2)  of  the  Act,  the  relevant  minister  under  whose  responsibility  a  business 
comes  may  allow  measures  derogating  from  Sections  2  to  6  in  order  to  promote  equal 
opportunities for women and men, in particular by remedying actual inequalities affecting 
access to employment, education, etc. 

4.4  Evaluation of implementation 

The  implementation  of  the  Recast  Directive  in  Danish  legislation  is  satisfactory,  in  the 
opinion of the author. The Danish labour market is to a large degree covered by collective 
agreements. The collective agreements must comply with the directive. To a large degree, 
the effect of the legislation depends upon its interpretation by courts and administrative 
tribunals.  

4.5  Remaining issues 

There are no remaining issues. 

18 

 
 
 
 
 
 
 
 
 
 
 
 
5 

Pregnancy,  maternity,  and  leave  related  to  work-life  balance  for  workers 
(Directive 92/85, relevant provisions of Directives 2006/54 and 2010/18)23 

5.1  General (legal) context 

5.1.1  Surveys and reports on the practical difficulties linked to work-life balance 

There are no current reports on work-life balance. 

5.1.2  Other issues 

There are no other issues. 

5.1.3  Overview of national acts on work-life balance issues 

Consolidation Act 67/2019 on entitlement to leave and benefits in the event of childbirth 
(Barselsloven). 

Consolidation Act No 1084/2017 on the Working Environment (Arbejdsmiljøloven). 

5.1.4  Political and societal debate and pending legislative proposals 

On 26 June 2017, the Minister for Employment wrote to the European Commissioner for 
Employment, Social Affairs, Skills and Labour Mobility on behalf of the Danish Parliament 
to state that Denmark does not support the Commission’s proposal on work-life balance 
(COM (2017) 253 final).24 

Think Tank Europe has produced a report on the Danish position on the work-life balance 
proposal from the Commission.25  

The Danish Government has indicated that it would like to encourage fathers to take more 
parental  leave,  but  currently  the  Government  has  no  policy  initiatives  ensuring  a  more 
gender-balanced distribution between parents’ caring responsibilities. 

5.2  Pregnancy and maternity protection 

5.2.1  Definition in national law 

There is no definition of a pregnant worker in Danish legislation. 

5.2.2  Obligation to inform employer  

The  pregnant  employee  is  obliged  to  inform  the  employer  of  the  intended  date  of  birth 
with a three months’ notice. In addition, a mother who has exercised her right to a leave 
of absence according to Section 7 of the Act on entitlement to leave and benefits in the 
event of childbirth, must give the employer notice of the date of their return to the job no 
later than eight weeks after confinement. 

23   See Masselot, A. (2018) ‘Family leave: enforcement of the protection against dismissal and unfavourable 
treatment’, European network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb and McColgan, A. (2015) ‘Measures to address the 
challenges of work-life balance in the EU Member States, Iceland, Liechtenstein and Norway’, European 
network of legal experts in gender equality and non-discrimination, available at 
https://www.equalitylaw.eu/downloads/3631-reconciliation. 

24   https://www.ft.dk/samling/20161/almdel/LIU/bilag/103/1773465.pdf. 
25   Think Tank Europe (2017), ‘EU Foreslår Øremærket Barsel, Men Danmark Stritter Imod’, 

http://thinkeuropa.dk/sites/default/files/. 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
5.2.3  Case law on the definition of a pregnant worker, a worker who has recently given 

birth and/or a worker who is breastfeeding 

There is no case law on the definition of a pregnant worker. 

5.2.4  Implementation of protective measures (Article 4-6 of Directive 92/85) 

The employer must ensure safe and healthy working conditions and all recognised health 
and safety norms and standards must be followed.  

According  to  the  Public  Order  on  the  Performance  of  Work  559/2004,  Section  8,  the 
employer must take into consideration the employee’s age, experience, the specific tasks 
of  the  employee’s  position  and  other  qualifications.  Specifically  sensitive  groups  of 
workers,  including  pregnant  and  breastfeeding  employees  must  be  protected  against 
dangers that might affect them. The employer is required to assess the risks for pregnant 
and  breastfeeding  women.  If  there  is  a  risk,  the  employer  is  obliged  to  take  necessary 
steps to avoid it.  

5.2.5  Case law on issues addressed in Articles 4 and 5 of Directive 92/85 

There is no case law from higher courts.  

5.2.6  Prohibition of night work 

According to the Working Environment Act, the employer must ensure a healthy and safe 
working environment. According to Ministerial Order No 1234/2018, employers are obliged 
to evaluate the working environment with regard to the risks when they are made aware 
that  an  employee  is  pregnant  or  is  breastfeeding.  In  Denmark  there  is  not,  as  such,  a 
general prohibition on night work for pregnant and or breastfeeding women. 

5.2.7  Case law on the prohibition of night work 

There is no case law on the prohibition of night work.  

5.2.8  Prohibition of dismissal.  

The  Act  on  Equal  Treatment  of  Men  and  Women  regarding  employment  etc.  protects  a 
pregnant worker from being dismissed. Any worker who has exceeded his or her right to 
leave  of  absence  or  has  been  absent  from  work  due  to  pregnancy,  birth  or  adoption  is 
protected from dismissal (Section 9).  

5.2.9  Redundancy and payment during maternity leave 

The Act  on  Equal Treatment Act between Men and Women as  regards employment  etc. 
protects  against  dismissal  due  to  pregnancy,  maternity  or  adoption.  If  the  employment 
contract is terminated at any time from the beginning of the pregnancy until the maternity 
leave expires, then a reversal of the burden of proof applies, and it is the responsibility of 
the employer to prove that the termination is not due to pregnancy/maternity leave.  

5.2.10 Employer’s obligation to substantiate a dismissal 

The Act  on Equal Treatment between Men and Women as regards  employment  etc. not 
only applies to dismissals, but also includes less favourable treatment. The rules on the 
burden of proof also apply to this situation. If an employee is made redundant during her 
maternity leave, the employer bears the burden of proof. Public benefits will replace the 
salary due to an agreement in the contract, the period of employment and the collective 
agreements, etc. Thus, the employee is protected as are other employees. 

20 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.2.11 Case law on the protection against dismissal 

In  case 9318/2019 from the Equality Board,  a pregnant waiter was  dismissed from her 
position.  One  of  the  owners  of  the  restaurant  knew  about  the  waiter’s  pregnancy.  The 
Equality Board found, according to the shift in the burden of proof, that the employer could 
not prove that the waiter's pregnancy had no bearing on the dismissal. 

The  case  was  therefore  decided  in  favour  of  the  complainant  and  she  was  granted 
compensation equal to six months' salary. 

5.3  Maternity leave 

5.3.1  Length  

Obligatory  maternity  leave  is  up  to  18  weeks  according  to  Section  6  of  the  Act  on 
entitlement to leave and benefits in the event of childbirth. 

5.3.2  Obligatory maternity leave 

A woman is entitled to a leave of absence from work due to pregnancy from the beginning 
of the four-week period preceding the expected date of confinement.  

A woman in continued employment is entitled to a leave of absence prior to the four-week 
period if it appears from a medical assessment that the pregnancy is taking an abnormal 
course involving a risk to the woman’s health or the health of the foetus. This also applies 
if the special nature of the work involves a risk to the foetus or if the pregnancy prevents 
the  mother  from  carrying  out  her  work  due  to  public  authority  requirements  and  the 
employer is unable to offer the mother any suitable alternative employment. 

Collective agreements also contain leave rights for parents including maternity leave.  

5.3.3  Legal protection of employment rights (Article 5, 6 and 7 of Directive 92/85)  

Section 1 of the Act on Equal Treatment of Men and Woman as regards employment etc. 
prohibits  any  discrimination,  direct  or  indirect,  against  a  worker  due  to  pregnancy, 
childbirth,  breastfeeding,  motherhood  or  illness  related  to  pregnancy  or  childbirth.  The 
burden of proof is reversed in such cases. 

5.3.4  Legal protection of rights ensuing from the employment contract  

The Maternity, Paternity and Parental Leave and Benefit Act (Parental Leave Act), Section 
1, is a mandatory rule stating that the purpose of the act is to ensure that  parents are 
entitled to a leave of absence for pregnancy, childbirth and adoption, and to ensure that 
parents have the employment right to maternity pay during leave for pregnancy, childbirth 
and adoption, etc. 

5.3.5  Level of pay or allowance  

The  level  of  pay  or  allowance  is  the  same  level  as  sick-leave  benefits.  Some  collective 
agreements  provide  for  the  full  salary  to  be  paid  during  all  or  part  of  the  leave.  Other 
agreements have a cap on the salary.  

5.3.6  Additional statutory maternity benefits 

Some collective agreements provide for the full salary to be paid during all or part of the 
leave. Other collective agreements have a cap on the salary. Several collective agreements 
provide a portion of the parental leave to the father together with the salary. Due to the 

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
collective agreement between the State and the Unions, the mother has the right to claim 
her  full  salary  during  the  maternity  leave  of  six  weeks  before  the  expected  date  of 
confinement and 14 weeks after birth. Fathers are entitled to two weeks of paid paternity 
leave. 

5.3.7  Conditions for eligibility (Article 11(4) of Directive 92/85) 

According to the Act on entitlement to leave and benefits in the event of childbirth, Section 
3, the right to maternity benefit depends upon the mother’s legal residence in Denmark.  

5.3.8  Right to return to the same or an equivalent job (Article 15 of Directive 2006/54) 

According to Section 8a of the Act on Equal Treatment as regards access to Employment 
mothers  who  have  exercised  the  right  to  a  leave  of  absence  according  to  the  Act  on 
entitlement to leave and benefit in the event of childbirth have the right to return to the 
same  or  an  equivalent  job.  In  addition,  the  mother  has  a  right  to  benefit  from  any 
improvements in working conditions to which they would have been entitled had they not 
been absent.  

5.3.9  Legal right to share maternity leave.  

There are no legal rights to share maternity leave. 

5.3.10 Case law 

The Equality Board considered a case in which a female florist was dismissed shortly after 
returning  to  her  job  after  having  taken  maternity  and  parental  leave.26  During  the 
complainant's leave, the business had recruited another florist who had essentially taken 
over  the  duties  the  woman  had  undertaken  prior  to  her  leave.  The  Equality  Board 
considered that the woman had proven facts suggesting that there had been discrimination 
on the grounds of sex. The business had not proved that the principle of equal treatment 
had not been violated. 

The woman received compensation of EUR 26 800 (DKK 200 000). 

5.4  Adoption leave 

5.4.1  Existence of adoption leave in national law 

The  Act  on  entitlement  to  leave  and  benefits  in  the  event  of  childbirth  also  contains  a 
provision regarding leave in the event of adoption. Section 8 of the Maternity, Paternity 
and Parental Leave and Benefit Act (Parental Leave Act), regulates the right to leave of 
absence for adoptive parents. 

Prospective adoptive parents who reside abroad in order to adopt a child each have a right 
to be absent from work for up to four weeks before receiving the child. The child is received 
by  the  parents  when  the  formal  conditions  to  return  home  with  the  child  are  met. 
Prospective adoptive parents, who are adopting a child in Denmark, are entitled to leave 
for up to one week prior to receiving the child, if the child is not already residing in the 
adopter’s home. In the first 14 weeks after receiving the child, one of the adopting parents 
at a time is entitled to leave. There is a right to a simultaneous absence for the parents 
for  two  consecutive  weeks.  The  right  to  be  absent  under  parental  leave,  according  to 
Section 8(7), can start in the first 14 weeks after receiving the child. Section 8(7) provides 
that, after the 14th week after receiving the child, adopters have the right to a leave of 
absence from work during parental leave according to Sections 9 and 10 (i.e. the normal 

26   Danish Equality Board, case J 18-3188 https://www.retsinformation.dk/Forms/R0710.aspx?id=202970. 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
rules  on  parental  leave).  Thus,  adopting  gives  the  same  rights  as  in  the  maternity 
situations described above, except regarding the adoption of children from Denmark, in 
which case the pre-leave is only one week, according to Section 8(3). 

5.4.2  Protection against dismissal (Article 16 of Directive 2006/54) 

Parents who adopt are under the same protection with regard to dismissal as are other 
parents.  

5.4.3  Case law 

There is no relevant case law. 

5.5  Parental leave 

5.5.1  Implementation of Directive 2010/18 

Directive 2010/18 was implemented into Danish legislation by an amendment to the Act 
on Equal Treatment between Men  and Women regarding  employment etc. in 2013. The 
amendment introduced a right for parents to request flexible working arrangements when 
returning after parental leave. The amendment also specified that the protection of parents 
with regard to pregnancy and parental leave applies not only to dismissals, but also to less 
favourable treatment. The duration of parental leave was not revised when implementing 
Directive 2010/18.  

5.5.2  Applicability to public and private sectors (Clause 1 of Directive 2010/18) 

The Act on Equal Treatment between Men and Women regarding employment etc. applies 
to both the public and private sectors.  

5.5.3  Scope of the transposing legislation 

The right to absence from work stipulated in Section 2 of the Parental Leave Act applies 
to all parents.  

The right to parental leave benefit applies to employees who fulfil the required employment 
requirements of having been employed  for at least 160 hours within the past 4 months 
before the leave of absence (see Section 27 of the Parental Leave Act).  

According  to  Section  28  of  the  Parental  Leave  Act,  self-employed  people  are  eligible  to 
parental leave benefit if they comply with the required employment requirements for self-
employed people to have carried out business at least half a normal working week for at 
least six months, of which the last month’s work must be prior to the leave of absence.  

5.5.4  Length of parental leave 

Each of the parents has a right to parental leave of 32 weeks. However, the parents will 
only be compensated with a benefit for 32 weeks in total. The duration of parental leave 
was  not  revised  following  Directive  2010/18.  There  is  no  difference  in  the  duration  of 
parental leave in the public sector and the private sector.  

5.5.5  Age limits 

Parental leave is granted to take care of a child up to nine years old.  

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.5.6  Individual nature of the right to parental leave  

The right to leave of absence for parents is individual in the sense that each of the parents 
has a right to leave. However, the parental leave benefit is the only social security benefit 
that is not individual, but rather is confined to the parents.  

5.5.7  Transferability of the right to parental leave.  

Under the current Danish Act on entitlement to leave and benefits in the event of childbirth, 
the parents can agree to share the parental leave benefit between them, as they please.  

5.5.8  Form of parental leave 

Parental leave can take the form of either full-time or part-time leave. Under Section 11 
of the Act on entitlement to leave and benefits in the event of childbirth, employed workers 
have the right to resume work and defer at least 8 weeks and a maximum of 13 weeks of 
leave of absence. The right to postpone a leave of absence can only be used by one of the 
parents. The deferred absence must, when exercised, be used in a continuous period.  

5.5.9  Work and/or length of service requirements (Clause 3(b) of Directive 2010/18)  

Under  Section  2  of  the  Parental  Leave  Act,  the  right  to  leave  of  absence  applies  to  all 
parents with no qualifying period. The right to benefit applies with a qualifying period. The 
parent  claiming  the  benefit  must  have  fulfilled  a  qualifying  period  in  accordance  with 
Section 27 (employees) or Section 28 (self-employed people) of the act.  

Section  27  of  the  Parental  Leave  Act  stipulates  the  employment  requirements  for 
employees  and  states  that  an  employee  is  entitled  to  maternity  benefits  from  Payment 
Denmark (Udbetaling Danmark; the Danish authority which pays the benefit), where the 
employee: 

1)   has participated in the labour market continuously for the last 13 weeks before the 
period of absence begins and during this period has been employed for at least 120 
hours; 

2)   would have been entitled to unemployment benefit or another benefit instead under 
the Unemployment Insurance Act, if he or she had not been entitled to benefits under 
this act; 

3)   within the past month has completed vocational training for at least 18 months; 
is in work training in a programme that is regulated by or under the act; or 
4)  
is employed in a flexible job according to Section 70(c) of the Active  Employment 
5)  
Act. 

The calculation of the above 13-week period includes periods that the employee: 

- 
- 

- 
- 
- 
- 

- 

has worked as an employee; 
has worked as a self-employed person immediately prior to working as an employee 
and the company has met the employment requirement according to Section 28; 
is receiving benefits under the Sickness Benefits Act or benefits under this act; 
has received unemployment benefit or an allowance in lieu thereof; 
is on annual leave with pay or holiday pay; 
has received compensation during a period of notice from the Employees Guarantee 
Fund; or 
is the subject of a labour dispute. 

For  self-employed  persons,  Section  28  of  the  Parental  Leave  Act  grants  the  right  to 
maternity benefits, subject to the condition that, within the last 12 months, the person 
has been self-employed for at least half the normal contractual working week for at least 

24 

 
 
 
 
 
 
 
 
 
 
 
 
six months, which includes the last month immediately prior to the absence. The condition 
for the payment of maternity benefits is that the employment requirements in Section 27 
or Section 28 have been met at the start of a period of absence. 

5.5.10 Notice period 

Under Section 16 of the Parental Leave Act there is a notice period of 16 weeks.  

5.5.11 Postponement of parental leave (Clause 3(c) of Directive 2010/18) 

In accordance with the Parental Leave Act, it is possible to extend the parental leave with 
some degree of public benefits.  

Parents  who  are  employees  and  who  are  entitled  to  parental  leave  under  the  act  may 
postpone 8 to 13 weeks of the 32-week parental leave.  

Only  one  parent  may  postpone  parental  leave  and  the  postponed  leave  must  be  kept 
together and be taken before the child is nine years of age.  

5.5.12 Special arrangements for small firms (Clause 3(d) of Directive 2010/18) 

There are no special arrangements for small firms. 

5.5.13 Special rules and exceptional conditions for parents of children with a disability or 

long-term illness (Clause 3(3) of Directive 2010/18) 

According to Section 26 of the Act on leave and benefits in the event of childbirth, parents 
with severely ill children under the age of 18 are entitled to unemployment benefit if, in 
connection  with  the  child's  illness,  they  completely  or  partly  abandon  wage  work  or 
personal work in self-employment. 

Section 42 of the Social Services Act provides parents with a right to leave and a right to 
compensation for loss of income if they look after their mentally impaired child at home. 
This  provision  also  applies  to  parents  who  care  for  a  child  who  suffers  from  long-term 
illness.  

5.5.14 Measures addressing the specific needs of adoptive parents (Clause 4 of Directive 

2010/18) 

Prospective adoptive parents who reside abroad in order to adopt a child each have a right 
to be absent from work for up to four weeks before receiving the child. The child is received 
by  the  parents  when  the  formal  conditions  to  return  home  with  the  child  are  met. 
Prospective adoptive parents, who are adopting a child in Denmark, are entitled to leave 
for up to one week prior to receiving the child, if the child is not already residing in the 
adopter’s home. In the first 14 weeks after receiving the child, one of the adopting parents 
at a time is entitled to leave. There is a right for the parents to take simultaneous leave 
for  two  consecutive  weeks.  The  right  to  be  absent  under  parental  leave,  according  to 
Section 8(7), can start in the first 14 weeks after receiving the child. Section 8(7) provides 
that, after the 14th week after receiving the child, adopters have the right to a leave of 
absence from work during parental leave according to Sections 9 and 10 (i.e. the normal 
rules  on  parental  leave).  Thus,  adopting  gives  the  same  rights  as  in  the  maternity 
situations described above, except regarding the adoption of children from Denmark, in 
which case the pre-leave is only one week, according to Section 8(3). 

25 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.5.15 Provisions  protecting  workers  against  less  favourable  treatment  or  dismissal 

(Clause 5(4) of Directive 2010/18) 

The statutory provisions on discrimination related to pregnancy and maternity, maternity 
leave,  paternity leave,  parental leave  and  adoption leave  are  to  be  found in  the  Act  on 
Equal  Treatment  of  Men  and  Women  as  regards  access  to  employment  etc.,  Section  9, 
which  contains  a  prohibition  on  discrimination  on  grounds  related  to  pregnancy  and 
maternity, maternity leave, paternity leave, parental leave and adoption leave, and in the 
Maternity, Paternity and Parental Leave and Benefit Act, which entered into force on 3 July 
2006.  

5.5.16 Right to return to the same or an equivalent job (Clause 5(1) of Directive 2010/18) 

According  to  Section  8a  of  the  Act  of  Equal  Treatment  of  Men  and  Women  as  regards 
access to employment etc., parents who have exercised the right to a leave of absence 
(under the Act of entitlement to leave and benefits in the event of childbirth, Sections 6-
14) have the right to return to the same or equivalent job, which is no less favourable to 
them, and to benefit from any improvements in working conditions.  

5.5.17 Maintenance of rights acquired or in the process of being acquired by the worker 

(Clause 5(2) of Directive 2010/18) 

All rights acquired or in the process of being acquired by the worker on the date on which 
parental  leave  starts  are  maintained  as  they  stand  until  the  end  of  the  parental  leave 
(Section 8, Act of Equal Treatment of Men and Women as regards access to employment 
etc).  

5.5.18 Status of the employment contract or relationship during parental leave 

Τhe  status  of  the  employment  contract/relations  during  parental leave  is  not  defined in 
the legislation. However, the contract is not terminated due to parental leave but is rather 
suspended during the time of absence.  

5.5.19 Continuity of entitlement to social security benefits 

Parents on parental leave continue to be entitled to social security benefits. 

5.5.20  Remuneration 

The  weekly  allowance  is  approximately  EUR  550  (DKK  4  100)  for  32  weeks  in  total. 
However, some collective agreements provide a right to the full salary during part or all 
of the parental leave. 

5.5.21  Social security allowance 

Parents  are  entitled  to  parental  leave  benefit  for  32  weeks  in  total.  The  allowance  is 
maximum EUR 448 (DKK 3 332) per week, according to section 35 of the Parental Leave 
Act. 

5.5.22  More favourable provisions (Clause 8 of Directive 2010/18) 

National law does not introduce any more favourable provisions but only implements the 
requirements of Directive 2010/18. 

5.5.23  Case law  

There is no case law. 

26 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
5.6  Paternity leave 

5.6.1  Existence of paternity leave in national law 

Paternity leave is covered by the Maternity, Paternity and Parental Leave and Benefit Act, 
Section 7(3). 

A father or co-mother has the right to leave for two weeks after the delivery or the receipt 
of a child in the home or, with the agreement of the employer, within the first 14 weeks 
after the birth. 

5.6.2  Protection against unfavourable treatment and/or dismissal (Article 16 of Directive 

2006/54) 

The same rights for protection against unfavourable treatment apply to paternity leave as 
to maternity leave (see above) as the act applies to all parents. 

5.6.3  Case law 

There is no case law on the subject. 

5.7  Time off/care leave 

5.7.1  Existence of care leave in national law (Clause 7 of Directive 2010/18) 

Workers are entitled to time off from work on grounds of force majeure for urgent family 
issues in case of sickness or accident according to the Act on employees right to leave for 
special family-related reasons. According to the Social Services Act, compensation can be 
awarded to employees who take leave of absence in order to care for a child with a severe 
illness  or a handicap, or for a close relative with substantial and permanent physical or 
mental disorder or to care for relatives in a terminal condition.  

5.7.2  Case law  

There is no relevant case law. 

5.8  Leave in relation to surrogacy 

There is no leave in relation to surrogacy in Denmark. According to the Children Act, any 
agreement on surrogacy is rendered invalid. Parental leave is not available in relation to 
surrogacy, which might result in a very insecure legal position, in particular for a woman 
who tries to become the legal mother of a child carried by another woman. Under Section 
31  of  the  Children  Act,  any  agreement  that  a  woman  who  gives  birth  to  a  child  will 
surrender  the  baby  to  someone  else  after  the  birth  is  invalid.  Under  Section  33  of  the 
Adoption Act, help must not be given or received in order to make a connection between 
a woman and another person who wants the woman to give birth to a child for the adoptive 
mother. 

5.9  Flexible working time arrangements 

5.9.1  Right to reduce or extend working time  

According to Section 8a(2) of the Act on Equal Treatment of men and women as regards 
access to Employment Act, the employee has the right to ask the employer about changes 
in working hours and working patterns within a specified period after return from a leave 
of  absence.  The  employee  has  no  legal  right  to  obtain  modified  working  time 

27 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
arrangements. However, the employer is obliged to consider a written application from the 
employee and to provide a written response.  

According to Section 9 of the Act on Equal Treatment of men and women as regards access 
to Employment, the employer cannot expose the employee to ‘less favourable treatment’ 
if the employee has applied for a modified work schedule.  

According to the Act on Parental Leave e, it is possible to extend parental leave. In total, 
13 weeks of the 32 weeks of parental leave can be postponed.  

Some collective agreements contain provisions on flexible working arrangements after the 
return  from  a  leave  of  absence.  As  one  such  example  is  the  agreement  covering  the 
financial sector, which allows parents with children under the age of 12 an agreement on 
reduced  working  hours.  According  to  clause  80  of  this  collective  agreement,  employees 
are  entitled  to  a  reduction  in  working  hours  up  to  30  hours  per  week.  The  specific 
conditions must be agreed on with the employer and the agreement applies for a period 
of 3 to 12 months. The employer can refuse to enter an agreement if the agreement is 
inconsistent  with  the  operational  conditions  of  the  company.  In  such  situations,  the 
employer  is  obliged  to  discuss  the  refusal  with  trade  union  representatives  and  explore 
alternative options.  

5.9.2  Right to adjust working time patterns 

There  is  no  individual  right  to  adjusted  working  time.  However,  the  employer  and  the 
employee can agree on adjusted working time. Working hours and patterns must appear 
in the employment contract and are thus a matter of agreement between the parties. The 
contractual freedom is however, limited by regulation and collective agreements. 

5.9.3  Right to work from home or remotely  

There is no right to work from home or remotely in Denmark. However, in some sectors, 
a right to work from home or remotely can be agreed between employer and employee. 

In some parts of the public sector, employees are subject to restrictions on working from 
home,  by  law  or  by  collective  agreements  (see  Act  on  the  extension  and  renewal  of 
collective agreements and agreements for certain groups of employees in the public sector, 
No 409, 26 April 2013). Thus, both by law and by collective agreements,  employees in 
specific  parts  of  the  public  sector  have  been  precluded  from  working  from  home.  For 
primary  school  teachers  the  possibility  of  working  from  home  was  precluded  by  law, 
whereas for high school teachers the possibility of working from at home was precluded 
by a collective agreement.  

5.9.4  Other legal rights to flexible working arrangements 

There are no further rights on flexible working arrangements. 

5.9.5  Case law  

There is no case law on the right to flexible working arrangements. 

5.10 Evaluation of implementation 

National law implements EU law, but the stipulated rights do not extend beyond the level 
required by EU law.  

28 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.11 Remaining issues 

There are no remaining issues. 

29 

 
 
 
6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

6.1  General (legal) context 

6.1.1  Surveys  and  reports  on  the  practical  difficulties  linked  to  occupational  and/or 

statutory social security issues 

There are no specific reports addressing difficulties linked to occupational and or statutory 
social security issues. 

6.1.2  Other issues related to gender equality and social security 

There are no other issues. 

6.1.3  Political and societal debate and pending legislative proposals 

There are no pending debates or proposals related to occupational and or social security 
issues. 

6.2  Direct and indirect discrimination 

The principle of equal treatment of men and women covers occupational pension schemes 
according to Consolidation Act No 950/2015 on Equal Treatment between Men and Women 
regarding insurance, pensions and similar matters. According to the act, direct as well as 
indirect discrimination is prohibited. In respect of occupational pensions, the act prohibits 
both the payment of different contributions as well as different benefits even in situations 
where the reason for different treatment is due to actuarial factors. However, this provision 
applies only to workers who joined the scheme after July 1999.  

6.3  Personal scope 

The Act on Equal Treatment between Men and Women regarding insurance, pensions and 
similar  matters,  covers  workers,  including  self-employed  persons,  workers  who  are 
temporarily out of work due to illness, pregnancy and maternity, accident or involuntary 
unemployment, and persons  seeking work,  as well as  retired and disabled workers and 
the beneficiaries of those workers. Thus the coverage complies with Directive 2006/54. 

6.4  Material scope 

The Act on Equal Treatment between Men and Women regarding insurance, pensions and 
similar matters covers  all occupational security schemes including occupational injuries, 
sickness, invalidity, unemployment and age (see Section 4). The act also covers benefits 
in kind.  

6.5  Exclusions 

There are no exclusions.  

6.6  Laws  and  case  law  falling  under  the  examples  of  sex  discrimination 

mentioned in Article 9 of Directive 2006/54 

There is no specific case law. 

6.7  Actuarial factors 

In 1998, the Act on Equal Treatment between man and women in insurance, pension and 
similar matters was adopted. The act provides for unisex occupational pension schemes. 

30 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The  main  provision  in  the  act  prohibits  provisions  in  occupational  pensions  schemes 
according  to  which  men  and  women  are  treated  differently  on  grounds  of  gender  as 
regards  the  determination  and  calculation  of  contributions  and  benefits.  Of  special 
importance  is  that  the  act  prohibits  different  contributions  as  well  as  different  benefits, 
even in situations where the reason for difference in treatment is due to actuarial factors. 
However, the prohibition on treating contributors differently on grounds of gender-specific 
actuarial factors applies only to workers who joined the scheme after 1 July 1999. 

In  Denmark,  most  occupational  pension  schemes  are  defined-contribution  schemes. 
During  the  past  25  years,  a  number  of  pension  schemes  have  been  established  in 
connection  with  the  renewal  of  collective  agreements  in  1989  and  1993.  Most  of  the 
schemes  use  actuarial  calculations  that  result  in  women  receiving  the  same  monthly 
benefit as men for whom identical contributions have been paid. 

6.8  Difficulties 

There are no specific difficulties 

6.9  Evaluation of implementation 

Implementation is satisfactory. 

6.10 Remaining issues 

There are no remaining issues. 

31 

 
 
 
 
 
 
 
 
 
 
7 

Statutory schemes of social security (Directive 79/7) 

7.1  General (legal) context 

7.1.1  Surveys and reports on the practical difficulties linked to statutory schemes of social 

security (Directive 79/7) 

There  are  no  recent  national  surveys  or  reports  linked  to  statutory  schemes  of  social 
security. 

7.1.2  Other relevant issues  

No other relevant issues.  

7.1.3  Overview of national acts 

Act No 1678/2013 on Gender Equality  

7.1.4  Political and societal debate and pending legislative proposals 

There are no pending political or social debates or proposals regarding Directive 79/7. 

7.2  Implementation of the principle of equal treatment for men and women in 

matters of social security 

Denmark implemented Directive 79/7/EC by removing all direct discriminatory elements 
in the legislation. Most benefits were made gender neutral, however in specific situations 
the  implementation  resulted  in  a  levelling  down,  for  instance  widows  pension  was 
abolished  and  was  not  replaced  by  a  gender-neutral  survivors  pension.  The  principle  of 
gender equality in matters of social security was first made visible in the Danish legislation 
by the adoption of the Equality Act in 2000. Before 2000, the principle of equal treatment 
of men and women with regard to social security was not evident in Danish legislation. 

7.3  Personal scope 

The Gender Equality Act covers persons lawfully residing in Denmark.  

7.4  Material scope 

According  to  Section  1a  of  the  Gender  Equality  Act,  the  scope  of  the  act  is  defined  by 
listing  the  organisations  (public  authorities,  organisations  and  persons  within  public 
administration)  that  are  covered  by  the  principle  of  non-discrimination.  The  Gender 
Equality Act does not explicitly specify particular benefits to be covered by the principle of 
non-discrimination, rather all public social security schemes are covered by the act. 

7.5  Exclusions 

There are no exclusions.  

7.6  Actuarial factors 

Sex  is  not  used  as  an  actuarial  factor;  the  percentage  of  contributions  and  the  level  of 
benefits is the same for men and women. 

7.7  Difficulties 

There are no specific difficulties. 

32 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.8  Evaluation of implementation 

The implementation in national law is satisfactory. 

7.9  Remaining issues 

There are no remaining issues. 

33 

 
 
 
 
 
 
8 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

8.1  General (legal) context 

8.1.1  Surveys and reports on the specific difficulties of self-employed workers  

There are no recent surveys or reports concerning the specific difficulties of self-employed 
workers. 

8.1.2 Other issues 

There are no further issues. 

8.1.2  Overview of national acts 

Consolidation Act No 645/2011 on Equal Treatment of Men and Women as regards access 
to employment etc. 

Consolidation Act No 156/2019 on Equal Pay. 

Consolidation Act No 1678/2013 on Gender Equality. 

8.1.3  Political and societal debate and pending legislative proposals 

There are no current political debates or pending legislative proposals. 

8.2  Implementation of Directive 2010/41/EU 

There is no specific act on self-employed persons in Denmark and nor is there a general 
definition of the concept of self-employment in the legislation. 

Directive  2010/41/EU  on  self-employed  people  and  helping  spouses  is  implemented  in 
Danish law by Section 5a of the Act on Equal Treatment of Men and Women as regards 
access  to  employment  etc.  This  provision  extends  the  prohibition  of  discrimination  on 
grounds on gender to anyone who makes decisions on access to or conditions of work as 
a self-employed person or a helping spouse.  

8.3  Personal scope 

8.3.1  Scope 

In  Denmark,  gender  equality  in  employment  and  self-employment  is  governed  by  the 
Equal Pay Act (Ligelønsloven), the Act on Equal Treatment of Men and Women as regards 
access  to  employment  etc.  (Liegebehandlingsloven)  and  the  Gender  Equality  Act 
(Ligestillinsloven).  These  three  acts  complement  each  other.  Most  provisions  on  the 
principle  of  equal  treatment  between  men  and  women  engaged  in  an  activity  in  a  self-
employed capacity, or contributing to the pursuit of such a capacity, are found in the Act 
on Equal Treatment of Men and Woman in access to employment etc. However, there is 
no definition of self-employment in Danish law. Self-employed persons are covered.  

8.3.2  Definitions 

There is no general definition of self-employment in Danish law. 

34 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.3.3  Categorisation and coverage 

There  are  no  differences  in  coverage  between  groups  of  self-employed  people.  All  self-
employed persons fall under the same category. 

8.3.4  Recognition of life partners 

There is no specific regulation defining life partners. In general, cohabitating persons are 
not treated the same as married persons.  

The  life  partner  of  a  self-employed  person  does  not  have  the  same  right  as  a  married 
person  in  respect  of  tax,  due  to  the  Act  No  1403/2010  on  Taxation  at  Source 
Income 
(Kildeskatteloven)  and  Act  No  1163/2015  on  Taxation  on  Personal 
(Personskatteloven). 

A spouse can be jointly taxed with the self-employed person. This is not the case for the 
life partner of a self-employed person.  

Thus, in general, life partners are not recognised as equal to spouses. On the other hand, 
the  directive  is  not  clear  with  regard  to  the  obligations  that  must  be  implemented  in 
national law.  

Following a Supreme Court judgment,27 there is a difference between the legal position of 
unmarried life partners and spouses, not only with regard to self-employed workers but 
also in general. This judgment did not concern self-employed workers but compensation 
with  regard  to  taxation  due  to  the  cessation  of  cohabitation  between  life  partners  and 
stated that it is a legal right for the state to treat spouses and life partners differently. 

8.4  Material scope 

8.4.1  Implementation of Article 4 of Directive 2010/41/EU  

Directive  2010/41  on  self-employed  persons  and  helping  spouses  was  implemented  in 
Denmark  by  the  Act  on  Equal  Treatment  of  Men  and  Women  as  regards  access  to 
Employment  which  extends  the  prohibition  against  sex  discrimination  by  anyone  who 
makes decisions on access to or conditions of work as a self-employed person or helping 
spouse (see Section 5 of the act). 

8.4.2  Material scope 

The material scope of Section 5 of the Act on Equal Treatment of Men and Women with 
regard  to  access  to  Employment  etc.  is  the  same  as  that  of  Article  4  of  Directive 
2010/41/EU. 

8.5  Positive action 

Denmark has not adopted positive action measures in this field.  

8.6  Social protection 

Under  Section  41  of  Consolidation  Act  No  68/2019,  a  self-employed  person  and  their 
spouse  are  entitled  to  sickness  benefit  after  the  first  two  weeks  of  sickness  from  the 
municipality. 

27   Supreme Court, U2012, 1629 H, case No. 94/2010 of 01-02-2012. 

35 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
In addition, self-employed people can take out an additional insurance covering the first 
two weeks of sickness.  

The premium for sickness insurance is determined relative to the amount of guaranteed 
sick  pay  and  the  period  covered.  The  total  premiums  must  be  fixed  so  that  they  are 
estimated to cover 55 % of expenditure of the guaranteed sick pay from the third day of 
absence, and 85 % of guaranteed sick pay from the first day of absence.  

8.7  Maternity benefits 

A specific Act on maternity for self-employed persons was put in effect in 2013. A voluntary 
maternity fund for self-employed persons was part of the regulation. However, the act was 
repealed in 2016, probably because very few self-employed people joined the fund. 

Self-employed persons are eligible for maternity leave but there is no joint insurance fund 
compensation  for  the  loss  of  income.  Self-employed  persons  are  eligible  for  maternity 
allowance under the Act on entitlement to leave and benefit in the event of childbirth.  

8.8  Occupational social security 

8.8.1  Implementation of provisions regarding occupational social security 

Under Section 45 of the Sickness Benefits Act, Consolidation Act No. 938, 12 August 2015, 
a self-employed worker and spouse can choose to take out additional insurance covering 
the first two weeks of sickness.  

8.8.2  Application  of  exceptions  for  self-employed  persons  regarding  matters  of 

occupational social security (Article 11 of Recast Directive 2006/54) 

National law introduces no exceptions for self-employed persons regarding occupational 
social security matters.  

8.9  Prohibition of discrimination 

Section 5a of the Act on Equal Treatment of Men and Women as regards employment etc. 
prohibits discrimination (direct as well as indirect) on grounds on gender by anyone who 
makes decisions on access to or conditions of work as a self-employed person or a helping 
spouse. 

8.10 Evaluation of implementation 

The implementation is satisfactory. 

8.11 Remaining issues 

There are no remaining issues. 

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9 

Goods and services (Directive 2004/113)28 

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.29  The  report  analyses  legislation  and  case  law  in  relation  to  the  prohibition  of 
discrimination in relation to goods and services. The report concludes that the application 
of the principle of non-discrimination in cases relating to 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 and 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 

The Act on Equal Treatment of Men and Women in insurance, pensions and similar matters 
prohibits direct as well as indirect discrimination. 

9.3  Material scope 

The Act on Equal Treatment of Men and Women in insurance, pensions and similar matters 
covers insurance and similar financial matters (see Section 1). 

9.4  Exceptions 

Section 3a of the Gender Equality Act implements Article 4(5) of Directive 2004/113. 

9.5  Justification of differences in treatment 

Article 4(5) of Directive 2004/113 is copied in the national implementing measure under 
Section 3a of the Gender Equality Act. 

9.6  Actuarial factors 

According to Section 8 of the Act on  Equal Treatment of Men and Women in  insurance, 
pensions  and  similar  matters,  business-related  insurance  schemes  must  not  contain 
provisions according to which discrimination based on sex is established in respect of the 
determination and calculation of contributions and benefits.  

28   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. 

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

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
However, the act further states that for members admitted before 1 July 1999, in business-
related  insurance  schemes,  where  benefits  are  calculated  on  a  pre-determined  basis, 
benefits  may  differ  for  men  and  women  to  the  extent  that  the  calculation  is  based  on 
actuarial  factors  that  are  different  for  the  two  sexes.  In  these  schemes,  employers' 
contributions can be set differently for men and women, in so far as the levels of benefit 
for  men  and  women  are  approximated.  For  members  admitted  before  1  July  1999  in 
business-linked  insurance  schemes,  where  contributions  are  calculated  based  on  pre-
determined benefits, employers' contributions may differ for men and women to the extent 
that the calculation is based on actuarial factors that are different for the two sexes. 

9.7  Interpretation of exception contained in Article 5(2) of Directive 2004/113 

The Act on Equal Treatment of Men and Women in insurance, pensions and similar matters 
was amended in 2012 and 2014 to adopt the CJEU decision in the Test-Achats case.  

Sections 5 and 18 of the Act on Equal Treatment between Men and Women in insurance, 
pensions and similar matters were adjusted after the C-236/09, Test-Achats case in 2012 
(Act No. 1287, 19 December 2012) and in 2014 (Act No. 403, 28 April). 

2012 amendment: 

Section 18b of the act relates to the use of gender as a factor in calculating premiums 
and benefits for insurance and related financial services. In the previous version of 
the Danish act it was possible, under Section 18b(2-4), to use gender as a parameter 
in calculations. Following the CJEU’s decision in Test-Achats, these provisions were 
deleted and the possibility was removed from Danish law in 2012. 

2014 amendment: 

In 2014, Section 5(2) of the act was repealed following the Test-Achats ruling. Before 
the  amendment  to  the  act,  there  was  an  opportunity  to  emphasise  gender  with 
regard to pension arrangements. Following legislative amendment, the entire area 
of insurance and pensions is now subject to a unisex principle. 

9.8  Positive action measures (Article 6 of Directive 2004/113) 

There are no positive action measures as understood by Article 6 of Directive 2004/113. 

9.9  Specific problems related to pregnancy, maternity or parenthood 

There are no specific problems to report. 

9.10 Evaluation of implementation 

The implementation of Directive 2004/113 in Danish legislation is satisfactory. 

9.11 Remaining issues 

There is nothing further to report. 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
10  Violence  against  women  and domestic violence  in  relation to  the  Istanbul 

Convention 

10.1 General (legal) context 

10.1.1 Surveys and reports on issues of violence against women and domestic violence 

The Ministry of Gender Equality, published an Action Plan against Violence Against Women 
in March 2019. The action plan focuses on violence against women in close relationships, 
paying  particular  attention  to  mental  or  psychological  violence.  Mental  or  psychological 
violence has specifically been criminalised. (Act No 329/2019 amending the Criminal Code) 
The action plans in addition contains a number of initiatives with the purpose of combating 
mental or psychological violence.30  

10.1.2 Overview of national acts on violence against women, domestic violence and issues 

related to the Istanbul Convention 

In 2014, the Danish Criminal Code was amended so as to comply with the ratification of 
the Istanbul Convention. The preparatory works to the amendment act state that Danish 
legislation was already almost compliant with the Istanbul Convention. Section 94 of the 
Criminal Code was adjusted as to comply with the Convention.  Under Section 94(4) the 
period  in  which  a  complaint  can  be  presented  has  been  prolonged  with  regard  to 
notification.  Thus,  the  limitation  period  will  begin  from  the  date  the  victim  is  21,  if  the 
victim was under 18 when the crime was committed. Furthermore, forced marriage, forced 
abortion and forced sterilisation were added to the list of crimes covered by the Criminal 
Code. 

10.1.3 National provisions on online violence and online harassment 

The Government has taken initiatives to prevent sexual harassment in the digital realm, 
including through a package of initiatives against digital sexual harassment. 

For example, the maximum penalty for sharing intimate photographs or videos of others 
without consent has been increased from six months to a term not exceeding three years 
under  aggravating  circumstances.  The  maximum  fine  for  indecent  exposure,  such  as 
unsolicited sharing of intimate photos of oneself, has been doubled. 

10.1.4 Political and societal debate 

In 2017, the Danish Government took action to launch a set of initiatives to combat digital 
sexual harassment. The initiatives include an increase in the maximum penalty for sharing 
intimate  photographs  or  videos  without  consent,  and  better  education  of  the  police  to 
increase the quality of investigations.31  

10.2 Ratification of the Istanbul Convention 

Act  No.  168,  26  February  2014,  amended  the  Criminal  Code  (Lov  om  ændring  af 
straffeloven (Gennemførelse af Europarådets konvention til forebyggelse og bekæmpelse 
af vold mod kvinder og vold i hjemmet). The act came into force on 1 July 2014.  

Denmark has ratified the Istanbul Convention. It is stated in the preparatory works to the 
ratification act that almost the whole content of the convention was already covered by 
Danish law, so it was nearly in compliance with the obligations in the convention, and only 

30   https://www.ft.dk/samling/20181/almdel/LIU/bilag/58/2025429/index.htm.  
31 

http://www.justitsministeriet.dk/sites/default/files/media/Pressemeddelelser/pdf/digitale_sexkraenkelser_u
dspil.pdf.  

39 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                   
 
a  few  new  rules  were  needed  (See  the  amended  act  to  the  Criminal  Code,  No.  168, 
24 February 2014).32 

However, Denmark has not introduced stalking as a specific crime in the Criminal Code. 

Section  94  of  the  Criminal  Code  was  changed  following  Denmark’s  accession  to  the 
Istanbul  Convention.  In  Section  94(4),  the  limitation  period  to  present  a  complaint  has 
been prolonged with regard to notification. Thus, the limitation period will start from the 
date the victim is 21, if the victim was under 18 or for children under 15 when the crime 
was committed. Furthermore, forced marriage, forced abortion, forced sterilisation were 
added to the list of crimes in the act. 

32   Latest version of the Danish Criminal Code: Consolidation Act No. 873, 9 July 2015 as amended by Act No. 

152, 18 February 2015. 

40 

 
 
 
 
 
                                                   
11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 

directives)  

11.1 General (legal) context 

11.1.1 Surveys  and  reports  about  the  particular  difficulties  related  to  obtaining  legal 

redress’ 

There are no specific reports on particular difficulties related to obtaining legal redress. 

11.1.2 Other issues related to the pursuit of a discrimination claim 

Victims of discrimination can bring a case before the Equality Board as well as to the civil 
courts. As such, there is satisfactory access to addressing discrimination claims. There are 
no further issues related to the pursuit of a discrimination claim. 

11.1.3 Political and societal debate and pending legislative proposals 

There are no pending proposals or pending debates.  

11.2 Victimisation 

The provision on victimisation in the directives is repeated in the Danish implementation 
legislation.  According  to  Section  14  of  the  Act  on  Equal  Treatment  between  Men  and 
Women  as  regards  access  to  employment  etc.,  victims  of  discrimination  are  entitled  to 
compensation.  

Dismissals  contravening  the  principle  of  non-discrimination  are  rendered  void  unless  it 
appears  unreasonable  to  the  employer  to  maintain  or  restore  the  employment  relation 
(see Section 16 of the act). 

11.3 Access to courts 

11.3.1 Difficulties and barriers related to access to courts  

Claims  regarding  gender  discrimination  are  settled  within  the  system  set  up  for  the 
settlement of industrial disputes, the ordinary civil courts of law and the Board of Equal 
Treatment.  However,  most  cases  are  decided  by  the  lower  courts.  These  cases  are  not 
published. 

Access to court in a civil law suit is as a general rule conditioned upon the claimant being 
directly affected by the administrative action or regulation that forms the basis of the legal 
action. Cases regarding allegations of discrimination in the labour market must be brought 
before the Labour Court. It is possible to apply for legal aid, either via an insurance policy 
or via the public legal aid. The public legal aid is subject to a means test.  

11.3.2 Availability of legal aid 

Public legal aid in Denmark can also be granted to cover civil cases. Application for aid in 
civil actions is decided by the civil directorate of the Ministry of Justice (Civilstyrelsen) and 
is granted in view of the expected outcome of the lawsuit.  

In addition, insurance companies offer legal insurance coverage as part of the basic family 
insurance packages. 

41 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11.4 Horizontal effect of the applicable law 

11.4.1 Horizontal effect of relevant gender equality law 

The gender equality legislation applies to all authorities, organisations, private persons as 
well  as  public  and  private  employers.  Thus  the  gender  legislation  also  applies  between 
private parties.  

11.4.2 Impact of horizontal direct effects of the charter after Bauer 

It is not expected that the Bauer judgment will have any added impact.  

11.5 Burden of proof 

The provisions on shared burden of proof in the underlying directive are repeated in the 
Danish equality legislation. In addition, the Act on Equal Treatment of Men and Women in 
access to employment  etc. provides  for a reversed burden  of proof in cases concerning 
dismissal during pregnancy, maternity, paternity and parental leave.  

11.6 Remedies and sanctions  

11.6.1 Types of remedies and sanctions 

Under the Act on Equal Treatment of Men and Women in access to employment etc. the 
typical  sanction  for  a  breach  of  the  duty  not  to  discriminate  on  grounds  of  sex  is 
compensation, which may cover both financial and non-financial loss.  

In  equal  pay  cases,  the  typical  remedy  is  the  payment  of  the  difference  in  payment 
between  the  woman  and  the  male  comparator.  Interest  to  compensate  for  the  loss 
sustained can be awarded. The substantive right to equal pay or compensation for a breach 
of the ban on sex discrimination will usually be time-barred after five years. In principle, 
a fine can also be used as a sanction for companies violating the duty to perform yearly 
gender-segregated wage statistics.  

The  consequences  (remedies  and  sanctions,  civil  and/or  criminal)  in  a  case  of 
discriminatory harassment are the same as for other discrimination cases.  

In  case  law,  in  employment  cases,  the  typical  remedy  against  the  employer  who  is  the 
defendant is monetary compensation. There is no remedy under discrimination law for a 
harasser/fellow worker who is not an addressee.  

It is a breach of the duties under the employment contract to commit unlawful harassment. 
Depending on the specific circumstances, under employment law, the employer may have 
the right to take disciplinary measures, transfer the worker to other work or – in serious 
cases – to dismiss him/her.  

11.6.2 Effectiveness, proportionality and dissuasiveness 

The  typical  remedy  for  unjustified  discrimination  is  compensation.  In  unjustified 
discrimination cases under the Act on Equality Between Men and Women regarding access 
to employment etc. (for instance an unjustified dismissal), compensation corresponds to 
the loss of salary for a certain number of months, typically nine months.  

The level of compensation for unjustified discrimination under the Gender Equality Act is 
very  low,  typically  EUR 3 347  (DKK  25 000).  It  is  debatable  whether  the  level  of 
compensation serves as an effective remedy to prevent discrimination.  

42 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11.7 Equality body  

The Equality Board (Ligebehandlingsnævnet) has the competence to decide on individual 
complaints.  The  board  has  horizontal  competence:  it  has  powers  in  relation  to  all 
discrimination grounds according to the specific equality acts governing the prohibition of 
discrimination. The competence of the Equality Board is defined in Consolidation Act No. 
1230/2016. It is competent to decide on complaints about discrimination on the grounds 
of gender according to the Consolidation Act No. 1230/2016, Section 2(2-5). 33 

The Equality Board is also competent to decide on complaints of discrimination in collective 
agreements. A full text of all decisions of the Equality Board are published in Danish on 
the board’s website, although the board members are anonymised.34 The Equality Board 
does not have the responsibility to produce reports and recommendations on sex equality 
issues.  

The Equality Board has processed a large number of complaints regarding discrimination 
on the ground of gender. In 2017, the board processed 119 cases on gender.35  

The Danish Institute for Human Rights is the Danish national human rights institution. The 
institute monitors the general human rights situation in Denmark, including in relation to 
gender discrimination. In 2016, the Institute for Human Rights was given the mandate to 
bring  cases  before  the  Equality  Board.  The  institute  produces  surveys  and  reports  on 
specific  discriminatory  issues  as  well  as  on  more  generalised  and  broader  areas  of 
discrimination.  

11.8 Social partners  

The  collective  agreements  covering  large  parts  of  the  Danish  labour  market  bind  the 
parties subject to the agreements. Collective agreements are a very important source of 
law  in  Denmark.  Gender  equality  legislation  is  subsidiary  to  the  collective  agreements, 
which provide for similar protection as prescribed by law. The social partners are thus very 
influential  in  respect  of  gender  equality  provisions  in  Denmark.  Some  collective 
agreements  offer  better  protection  in  respect  of  flexible  working  conditions  for  parents 
than do the general provisions in the Act on entitlement to leave and benefit in the event 
of childbirth. 

11.9 Other relevant bodies 

The  Danish  Institute  for  Human  Rights  (menneskeret.dk)  is  the  national  human  rights 
centre in Denmark. The Institute for Human Rights advises the Parliament, ministries and 
authorities on human rights issues in general, including equality issues. The institute also 
produce  analyses  and  research  on  equality  issues  and  carries  out  specific  projects  to 
promote equal treatment. It also provides advice to those who may have been a victim of 
discrimination.  

11.10 Evaluation of implementation 

Denmark has implemented the EU anti-discrimination directives satisfactorily in the areas 
covered by this report. 

11.11 Remaining issues 

In 2017, Statistics Denmark launched a gender site (www.dst.dk/equality) with a gender 
indicator  system  to  improve  data  collection  and  analysis  of  gender  equality  data  in 

33   https://www.retsinformation.dk/Forms/R0710.aspx?id=179851. 
34   www.ligebehandlingsnaevnet.dk. 
35   Yearly report of the Equality Board 2017. 

43 

 
 
 
 
 
 
 
 
 
 
 
 
                                                   
Denmark. The gender site was launched in response to a recommendation made by the 
CEDAW Committee following a country review.  

44 

 
 
12  Overall assessment  

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 Denmark is the gender segregation of the 
labour market, both vertically and horizontally. Women tend to work in the public sector 
and women are still significantly underrepresented in boards, top management posts and 
at  professor  level  in  universities.  Unequal  pay  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 than men.  

Women also take on the largest role in caring for children and progress on this 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.  

45 

 
 
 
 
 
 
 
 
 
Bibliography 

Anders,  N.  Precht,  K.  Tvarnø  C.  D.  (2014),  Ligestillingslovene  bind  I  (Acts  on  Equal 
Treatment Between Men and Women), DJØF publishing. 

Baumbach,  T.,  (2017),  Violence  against  women  and  the  EU  accession  to  the  Istanbul 
Convention, Study for the FEMM Committee, Grainee Murphy. 

Ketscher, K. (2019), ‘Diskriminering, nej tak!’ (‘Discrimination, No thanks!’) in Holst, C., 
Skjeie,  H.,  Teigen,  M.  (eds.)  Likestillingspolitikk  og  europeisk  integrasjon,  Gyldendal 
Akademisk. 

Ketscher,  K.  (2014),  Socialret,  principper,  rettigheder,  værdier  (Social  welfare  law, 
principles, rights and values), Karnov Group. 

Kristiansen, J. (ed) (2015), Europe and the Nordic Collective-Bargaining Model: Interaction 
between Nordic and European Labour Law, Nordic Council of Ministers. 

Nielsen,  R.,  Tvarnø  C.D  (eds.)  (2012),  Scandinavian  Womens  Law  in  the  21st  Century, 
DJØF Publishing. 

Nielsen  R.,  (2010),  Civilretligt  disriminationsforbud  (Discrimination  in  civil  law),  DJØF 
Publishing. 

46 

 
 
 
 
 
 
 
 
 
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