Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes that, according to the data provided by the Government, the employment rate of immigrants from non-Western countries slightly increased in 2006 (49.3 per cent against 46.5 in 2005). As regards women immigrants, their rate of employment also increased from 39.7 per cent in 2005 to 42.4 per cent in 2006; however, it remains lower than men immigrants’ rate of employment, amounting to approximately 57 per cent in 2006. Overall, the employment rates of both men and women immigrants remain lower than the employment rates of persons of Danish origin (about 77.3 per cent). The Committee notes that a number of initiatives have been taken with a view to promoting a greater integration of immigrants and refugees in the labour market, including training courses and upgrading of skills for the unemployed. Similar initiatives have also been taken under agreements between workers’ and employers’ organizations. The Committee requests the Government to continue to provide statistical information on unemployment rates, disaggregated by sex, and, to the extent possible, by race, colour and national extraction. The Committee also requests the Government to continue to supply information on the measures taken or envisaged to promote greater access of men and women with an immigrant background and refugees to the labour market as well as on the results achieved. The Committee further reiterates its request for information on the activities carried out by the Ethnic Equality Board and the Ethnic Data Centre.

Discrimination based on gender. The Committee notes from the information provided by the Government that a high number of gender discrimination cases brought before courts appear to relate to dismissal because of pregnancy or maternity leave. There was also an increase of cases concerning dismissal of men on parental leave. While the Committee considers the fact that such cases are being brought as an indication of the effectiveness of the legislation, it also notes that this may indicate that discrimination based on maternity and parenthood remains prevalent and would need to be addressed through specific measures, including through prevention. The Committee therefore requests the Government to provide information on any measures taken to prevent and eliminate discriminatory dismissals due to pregnancy or the taking of maternity or parental leave, including through sensitization campaigns. The Committee also requests the Government to continue to provide information on the evolving case law concerning gender discrimination in employment and occupation, including cases concerning sexual harassment.

Inherent requirements of the job. The Committee recalls that, under section 6(2) of the Act Prohibiting Discrimination in Employment, enterprises may be granted exemptions from the prohibition of discrimination in employment under certain circumstances. The Committee notes from the Government’s report that during the reporting period two such exemptions were granted, including to a slaughterhouse wishing to fill two vacancies as halal butchers specifically with two Muslim men, on the consideration that this was a necessary condition for exporting to Muslim countries. The Committee requests the Government to continue to provide information regarding any exemptions granted in accordance with section 6(2) of the Act Prohibiting Discrimination in Employment, specifying the reasons for according such exemptions.

The Committee also notes from the Government’s report that Act No. 240 of 27 March 2006 provides for an exemption from the principle of equal treatment in relation to the ground of age in that it permits provisions in collective agreements treating persons under the age of 18 differently from persons beyond that age in respect of remuneration. The Committee recalls that under the Convention distinctions are not deemed to be discriminatory if they are based on inherent requirements of the job and that Paragraph 2(b) of Recommendation No. 111 provides that “all persons should, without discrimination, enjoy equality of opportunity and treatment in respect of … remuneration for work of equal value”. The Committee requests the Government to provide detailed information on the manner and extent to which collective agreements provide for differential treatment of person under 18 years of age, and on the reasons for such differential treatment.

The Committee further notes from the Government’s report that the Supreme Court dealt with a case involving a Muslim women who wanted to wear a headscarf at work. According to the report, the Supreme Court found that the company regulations, which banned any kind of head coverings and required neutral appearance in respect to workers in a supermarket chain, were legitimate and did not constitute indirect discrimination on the ground of religion. The Committee requests the Government to provide the text of the decision with its next report. It also requests the Government to provide a summary of national law and practice concerning religious head coverings in private and public employment, including the Government’s own analysis regarding this issue in the light of its obligations under the Convention.

Public employment services. The Committee notes the entry into force of a new employment system and new job centres on 1 January 2007 mainstreaming the principle of equal opportunity at work. A special equal opportunities unit has been established to support the process of mainstreaming equality issues, including through provision of guidance, dissemination of information, development of new methods to enhance equal opportunities for women and men in the labour market, and monitoring and supporting the activities of job centres. The Committee requests the Government to supply detailed information on the manner in which the new employment system and job centres contribute to enhancing gender equality in the labour market. In this regard, the Committee requests the Government to provide information on the activities carried out by the special equal opportunities unit and on how progress is monitored.

Enforcement. The Committee thanks the Government for providing detailed information on the evolving case law concerning discrimination in employment and occupation. The Committee further notes that in 2007 a Bill was tabled providing for the establishment of a Board on Equal Treatment which would be charged with the task of examining cases of discrimination in the labour market on the grounds of gender, race, skin colour, religion or belief, political opinion, sexual orientation, age, disability and national, social or ethnic origin. The Committee understands that this Board will replace the various administrative bodies currently dealing with gender equality and ethnic discrimination. The Committee requests the Government to continue to provide information on judicial and administrative decisions concerning discrimination at work. The Committee also requests the Government to provide information on the developments concerning the adoption of the Bill establishing the Board on Equal Treatment.