Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Legislation prohibiting discrimination. The Committee notes with interest the adoption of Act No. 645 of 8 June 2011 on Equal Treatment between Men and Women in Employment which repeals Act No. 734 of 28 June 2006 while replicating its provisions. Under its section 18, the new Act also incorporates the amendments introduced by Act No. 182 of 8 March 2011 with a view to implementing the Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). The Act provides that the Danish Centre for International Studies and Human Rights develops, evaluates, monitors and supports equal treatment of women and men, notably by assisting victims of gender discrimination in pursuing their complaints. The Committee asks the Government to provide information on the application of the anti-discrimination legislation, including any cases of sex discrimination brought before the courts or the Board of Equal Treatment with the help of the Danish Centre for International Studies and Human Rights, and the results thereof.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the statistics provided by the Government that the employment rate of immigrants and descendants from non Western countries slightly decreased from 57 per cent in 2008 to 55 per cent in 2009. The employment rate of female immigrants from non-Western countries remained approximately unchanged at 48.8 per cent in 2009 (49 per cent in 2008) while the employment rate of male immigrants from non-Western countries decreased from 63 per cent in 2008 to 60 per cent in 2009. The Committee further notes that the employment rate of newly arrived immigrants from non-Western countries (three years or less) rose from 24 to 49 per cent between 2001 and 2009. The Government indicates that the integration of workers with an immigration background in the labour market remains a declared priority and that, to this end, it pursues the implementation of all its programmes and initiatives, including the diversity programme for which the Ministry of Refugees, Immigration and Integration rolled out a “Growth and diversity” follow-up campaign designed to promote the beneficial effects of employing a diversified workforce in enterprises. The Committee also notes the further implementation of the “Action Plan on Ethnic Equal Treatment and Respect for the Individual”, adopted in July 2010, which contains 21 concrete measures covering seven main areas of action, including the mapping of the scope and nature of discrimination, the promotion of diversity in employment and the strengthening of citizens’ knowledge concerning the legal remedies at their disposal to assert discrimination claims on the ground of ethnic origin. Furthermore, the Committee notes that the National Unit for Ethnic Employment Measures provides guidance to jobcentres regarding the labour market inclusion of ethnic minorities and helps job centres to develop tools and methods to that end. In this regard, the Government indicates that in 2011, the National Unit for Ethnic Employment Measures set itself the objective of providing vocational training to 35 per cent of unemployed immigrants from non-Western countries so as to enhance their employability. The Committee also notes the information provided regarding the efforts made to improve access to education and vocational training. The Committee asks the Government to continue to provide information on the initiatives undertaken to promote equal opportunities for men and women immigrants and their descendants from non-Western countries, including the concrete measures taken to implement the “Action Plan on Ethnic Equal Treatment and Respect for the Individual”, as well as on the results achieved by such action. It also asks the Government to continue to provide statistical information on employment and unemployment rates, disaggregated by sex and, to the extent possible, by origin.

The Committee notes the Government’s indication that Act No. 1062 of 20 August 2010 (Integration Act) now covers all foreigners with a residence permit, irrespective of their country of origin. According to the Government, the Integration Act further provides that local authorities are to provide “offers of active involvement” to foreigners not entitled to the “introduction allowance” (mostly persons financially supported by their spouse). Furthermore, the Committee notes that, in May 2011, the Government concluded a new political agreement in the Parliament with a view to further increasing the employment rate of immigrants from non-Western countries. This agreement includes various measures such as creating networking opportunities between workers with a migration background and enterprises, providing economic incentives to municipalities and allocating special funds to integrate financially dependent spouses in the labour market. The Committee asks the Government to further clarify the scope of the new provisions of the Integration Act, notably by defining “offers of active involvement”, and to provide information on their implementation. It also asks the Government to provide information on the measures taken to implement the Government’s agreement and on the impact of such measures on the integration of persons with a migration background in the labour market.

Discrimination based on sex. Further to its previous comment in which it noted the high number of cases relating to dismissal on the ground of pregnancy or maternity leave, the Committee notes the statistics provided in the Government’s report which show that in 2009 a total of 19 alleged cases of discrimination based on pregnancy and childbirth were referred to either the courts or the Board of Equal Treatment, out of which 15 were considered well founded. In 2010, the same courts and the Board found a breach of the equal treatment legislation on the same grounds in 29 of the 46 cases they dealt with. The Committee asks the Government to continue to provide information on the case law developed by the courts and the Board of Equal Treatment regarding discrimination on the basis of sex, including pregnancy and maternity leave. Furthermore, the Committee reiterates its request that the Government examine, in cooperation with the social partners, whether there is a need for further action to prevent and eliminate discrimination on grounds of pregnancy and maternity leave.

The Committee notes that the copy of Supreme Court decision No. U2005.1265H relating to the question of women wishing to wear a headscarf at work, indicated as annexed to the report, was not received. The Committee again asks the Government to provide a copy of this decision with its next report.

Public employment services. The Committee notes the detailed information provided by the Government regarding the initiatives and programmes developed by the special equal opportunities unit, seeking to ensure equality mainstreaming in all the activities carried out by the jobcentres and other actors engaged in the implementation of public employment policies. The Committee notes that the special equal opportunities unit concentrates its efforts on assisting vulnerable groups of workers in integrating or reintegrating into the labour market, such as unskilled and unemployed men previously employed in the industry sector, unskilled youth with a migration background, young mothers and workers with disabilities. With respect to the initiatives undertaken to address occupational gender segregation in the labour market, the Committee notes that measures to further recruit and retain men in the female-dominated social and health sector are being pursued. It also notes that the special equal opportunities unit is currently conducting a gender-based analysis of long-term unemployment so as to identify the specific obstacles and needs of unemployed male and female workers. The Committee asks the Government to continue to provide information on the activities of the special equal opportunities unit and on the results achieved.