Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the detailed information contained in the Government’s report and the attached documentation.

1. In relation to section 6(2) of the Act prohibiting discrimination in respect of employment (Act No. 459 of 1996), under which enterprises may be granted exemptions from the prohibition of discrimination in employment for reasons of political or religious opinion, the Committee notes the Government’s statement that another two exemptions have been granted since its last report. It notes that the Copenhagen employment service has obtained exemption for the employment of a number of ethnic consultants to promote the integration of ethnic minorities in the labour market in view of their knowledge of the networks and cultures of minority groups. The Committee also notes that the Documentation and Advice Centre on Racial Discrimination in Denmark (DCR), an NGO combating discrimination against ethnic minorities, has been granted an exemption to emphasize the importance of advertising for and employing people with backgrounds other than Danish. In this respect, the Committee notes the Government’s statement that the principle of proportionality should apply. The Committee requests the Government to continue providing information concerning exemptions granted under section 6(2) of the Act prohibiting discrimination in respect of employment.

2. The Committee notes with interest the copies of judicial decisions under the Act prohibiting discrimination in respect of employment (No. 459 of 1996) provided by the Government. It notes the case in which the Eastern Division of the Danish High Court (decision of 5 April 2001, case No. B-0877-00) decided that unjustified dismissal from vocational training constituted indirect discrimination and granted compensation. The Committee also notes that reference was made in this decision to the Convention, the UN Convention on the Elimination of Racial Discrimination, and the European Convention on Human Rights. The Committee also notes the ruling of the Western Division of the Danish High Court of 25 October 2000 (case No. B-1274-99) that unjustified dismissal from employment constituted indirect discrimination of religious freedom. The Committee further notes the Government’s statement that the case law on sex discrimination is very extensive and that there are an increasing number of cases involving pregnancy and maternity leave, as well as sexual harassment. It notes the Government’s statement that since its last report in 1999 it is aware of 30 court decisions concerning discrimination in relation to pregnancy and maternity leave and seven on sexual harassment. The Committee requests the Government to continue to provide information concerning case law concerning discrimination.

3. The Committee notes the consolidation of the Act on the Integration of Aliens in Denmark (Act No. 643 of 28 June 2001). It notes the two reports issued in January and February 2000 by the tripartite committee on the integration of immigrants and refugees into the labour market and their recommendations to improve the employment of ethnic minorities, to make use of immigrants’ and refugees’ qualifications and competences, improving the availability of vocational training, language courses, and labour market guidance for young foreign nationals, language courses, and to carry out research and analysis of the situation of foreign nationals in the labour market. It also notes the other initiatives adopted, such as the bridge-builder scheme adopted in 2000, which is a three-year pilot project to promote the incentives of private employers to recruit unemployed persons with ethnic backgrounds other than Danish. It also notes that at the beginning of 2000 the Government decided that special resources would be allocated to ensure that the above unemployed persons are offered teaching in Danish at a very early stage of their unemployment so that the lack of language skills does not prevent them from obtaining a job or participating in ordinary activation programmes. The Committee further notes the project launched in 2001 for increased registration and clarification documentation of the skills of unemployed ethnic minorities and the special education initiative in the public employment services with a view to training the staff in the field in the integration of refugees and immigrants. The Committee requests the Government to provide information on the measures taken to address and eliminate discrimination of immigrants and refugees and their families in employment and occupation on the basis of race, national extraction, colour and religion.

4. The Committee notes the Government’s statement that an Ethnic Equality Board and an Ethnic Data Centre were established in 2000. The Committee requests the Government to provide more detailed information with its next report on the activities carried out by the above Board and Centre with a view to promoting the employment opportunities of persons with different ethnic origins.

5. In relation to National Labour Market Authority Circular No. 6/98 of 29 October 1998 issuing guidelines on placement activities for unemployed persons who belong to an ethnic minority, the Committee notes that the National Labour Market Authorities holds a hearing of the employment service every year to examine whether there are cases of enterprises not wishing to employ persons from ethnic minority groups or which are responsible for discrimination in any other way. The Committee notes the Government’s statement that between March 2000 and February 2001 there were 23 such cases in total, and that in 21 of these cases the employment service entered into dialogue with the enterprise concerned which changed its requirements, and that there were only two cases in which the employment service has broken off cooperation with enterprises. The Committee therefore requests the Government to provide information with its next report on the action taken when cooperation is broken off in such cases.

6. The Committee notes the statistical information on the unemployment rates for immigrants. It notes that the unemployment rate in 2000 for persons of Danish origin was 5 per cent, compared to 13.3 per cent for people with other ethnic backgrounds. The Committee notes that the unemployment rate of descendants of persons with ethnic backgrounds (persons born in Denmark of whom neither of the parents are Danish citizens born in Denmark) was 7.5 per cent, compared with 13.9 per cent for their parents. However, it notes the Government’s statement that the labour force participation of such descendants is relatively low which may explain their comparatively low unemployment rate. The Committee requests the Government to continue providing statistical information with its next report on the labour market situation of both female and male immigrants and refugees.

7. The Committee notes the statistical information provided by the Government and its statement that the unemployment rate for women is decreasing. It notes that the unemployment rate for women was 7 per cent in 1999 and 6.7 per cent in 2001, compared with 8.7 per cent in 1998. The Committee requests the Government to continue to provide statistical information on the situation of men and women in the labour market including their participation rates in various occupations and levels of decision-making.