Ordinance To The Law On Equal Opportunities Of Women And Men

Original Language Title: Bekendtgørelse af lov om ligestilling af kvinder og mænd

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Overview (table of contents)



Chapter 1



The law's purpose and scope





Chapter 2



The prohibition of discrimination on grounds of sex (sexism)





Chapter 3



Public authorities ' obligations





Chapter 4



Committees and boards





Chapter 5



The Danish Institute for human rights-Denmark's national human rights institution





Chapter 6











Chapter 7



Date of entry into force, suspension and audit provisions



The full text of the Ordinance to the law on equal opportunities of women and MEN1)

Hereby promulgated the law on equality of women and men, in accordance with article 3. lovbekendtgørelse nr. 1095 of 19. September 2007, with the changes imposed by section 15 of Act No. 387 of 27. May 2008, law No. 484 of 12. June 2009, § 3 of law No. 182 of 8. March 2011, section 12 of Act No. 553 of 18. June 2012 and § 1 of lov nr. 1288 of 19. December 2012.

Chapter 1 section 1 purpose and scope of the Act. The Act's purpose is to promote equality between women and men, including equal integration, equal participation and equal opportunities in all society functions on the basis of women's and men's equal worth. The law's purpose is also to combat direct and indirect discrimination on grounds of sex, as well as to discourage harassment and sexual harassment.

section 1 a. Chapter 2 shall apply to 1) any employer, authority and organisation in the field of public administration and general business and 2) authorities and organizations and all persons who provide goods and services that are available to the public in both the public and private sectors, including public bodies, and which are offered outside the private and family life, as well as transactions in the connection.

(2). Law on equal treatment of men and women with regard to employment, maternity law, law on equal pay for men and women and the Act on equal treatment of men and women in occupational security schemes used in the areas covered by these laws.

Chapter 2 prohibition of discrimination on grounds of sex (sexism) § 2. No person shall expose any other person for any direct or indirect discrimination on grounds of sex. An instruction to discriminate against a person on grounds of sex shall be deemed to be discrimination.

(2). There is direct discrimination, where a person is treated less favourably on grounds of sex, than another is, has been or would be treated in a comparable situation.

(3). There is indirect discrimination, when a provision, criterion or practice is apparently neutral, would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means to achieve this aim are appropriate and necessary.

(4). If a person, who consider themselves wronged, demonstrating facts which give cause to believe that there has been direct or indirect discrimination, it is for the defendant to prove that the principle has not been violated.

§ 2 a. Harassment as defined in paragraph 2 and sexual harassment, as defined in paragraph 3 shall be deemed to be discrimination on grounds of sex and therefore prohibited. A person's rejection of or acceptance of such behaviour should not be used as a basis for a decision relating to the question.

(2). There has been harassment, when where unwanted conduct related to the sex of a person occurs, with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

(3). There is sexual harassment, when where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature in relation to a person's sex, with the purpose or effect of violating the dignity of that person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

section 2 (b). No one shall be subjected to unfavourable treatment or adverse effects in response to a complaint or any kind of prosecution, undertaken with a view to ensuring that the principle of equal treatment is complied with.

Exceptions to the prohibition of discrimination



§ 3. Portfolio the Minister may, notwithstanding section 2 on own territory allow measures to promote gender equality, intended to prevent or compensate for discrimination on grounds of sex.

(2). The Minister for gender equality may lay down rules for cases in which there may be initiated measures for the promotion of gender equality without a permit in accordance with paragraph 1.

(3). section 13 of the Act on equal treatment of men and women with regard to employment, etc. applicable to the areas covered by this law.

§ 3 a. regardless of section 2 is this law does not prevent discrimination against one sex, if it is justified by a legitimate aim and the means to achieve this aim are appropriate and necessary.

(2). The provisions of the Act does not preclude the possibility for introducing or maintaining more favourable provisions for the protection of women in connection with pregnancy and maternity.

For a declaration of invalidity



§ 3 b. provisions contrary to sections 2 and 2 (a), and which are included in individual or collective contracts, companies ' internal regulations and statutes for associations and foundations, etc., are invalid.

(2). The provisions of the Act may be waived by agreement, unless this would be detrimental to the person subjected to discrimination on grounds of sex.

Reimbursement



section 3 (c). Persons whose rights under § § 2, 2 a and 2 b is infringed, may be granted an allowance.

Complaint handling



§ 3 (d). Complaints of violation of the prohibition of discrimination on grounds of sex, in accordance with article 3. sections 2 and 2 (b), shall be dealt with by the equal treatment Board.

Chapter 3 section 4 obligations of public authorities. Public authorities should, within their area of work for equality and incorporate equality in all planning and management.

Statements for equality



§ 5. Ministries, governmental institutions and State enterprises must every two years before 1. September to draw up a statement of equality. Governmental institutions and State enterprises must, however, draw up statements, only if they have more than 50 employees.

(2). The statement shall contain information about the Ministry, institution or) whether 1 the company has formulated a policy on equal opportunities and, where appropriate, the detailed content of this, 2) gender distribution in proportion to the individual job categories and 3) other conditions that are estimated to have an impact on the assessment of the Ministry, the institution's or company's efforts in the area of gender equality.

(3). The statements from the institutions referred to in paragraph 1 and the companies submitted to the relevant Minister.

(4). Portfolio Minister reworks the submitted statements and submit before the 1. November in the year in which the statements are drawn up an overall report attached to the individual submissions to the Minister for gender equality.

section 5 (a). The Municipal Council and the Regional Council to be over for the municipality and the region's residents at least every two years to account for the situation with regard to equality between women and men among the municipal and regional staff. The statement to be adopted by the Municipal Council and the Regional Council in a meeting.

(2). The statement shall indicate 1) whether the municipality or region has formulated a policy of equality, and, where appropriate, the detailed content of this, 2) gender distribution in proportion to the individual job categories, 3) the gender composition of the committees, etc., within the scope of section 10 (a), shall be set up by the Municipal Council or Regional Council, and 4) other conditions that are estimated to have importance for the municipality's or region's efforts in the area of gender equality.

(3). The statements are submitted to the Minister for gender equality in the 1. November in the year in which the statements are drawn up.

§ 6. The Minister for gender equality may lay down rules on the content of the article 5, paragraph 1, and section 5 (a) statements.

§ 7. The Minister for gender equality shall draw up, by 1 October each year. March a Commission statement and a perspective and action plan for gender equality to the Folketing.

(2). Public authorities, enterprises and organizations shall, on request, provide the Minister for gender equality, the information relating to gender equality, which is necessary for use of the preparation of the annual Exposition and perspective and action plan.

Chapter 4 Committees and boards of Directors Gender composition of public committees, commissions and the like.



§ 8. Public committees, commissions and similar, set up by a minister to prepare the setting of rules or planning of social value, should have a balanced composition of men and women.

§ 9. Authorities or organisations, which must propose a member of committees, etc., as mentioned in paragraph 8, should suggest both a woman and a man. If there must be proposed by several members, proposed an equal number of women and men. Similarly, where the authority or organization, in accordance with the law to appoint members. The Minister determines who to is hereby appointed a member and must seek a balanced gender composition.


(2). The authority or organisation may derogate from the provisions of paragraph 1, if there are special reasons. The authority or organisation shall in that case at the same time, specify the reasons for doing so.

(3). If the authorities and organizations, etc. does not designate or sets the members in accordance with paragraph 1 shall remit to the Minister decide that the Committee, Commission, etc. to function without the members concerned. The same applies if the Minister cannot accept a justification in accordance with paragraph 2 for a derogation from the provision in paragraph 1.

§ 10. By setting up committees, etc. as mentioned in section 8, paragraph 1, should the Minister notify the proposed composition of the portfolio of the Minister for gender equality in the appointment of members will take place.

(2). If the proposed gender composition is not in accordance with § 8 (1), the Minister for gender equality can make representations to the Minister and ask for a line of reasoning and, in exceptional cases, request a renewal of the composition of the Committee.

section 10 (a). In order to promote equality of women and men to authorities or organisations, which makes proposals about a member of the Committee, who shall be appointed by the Municipal Council or Regional Council, proposing both a woman and a man. If proposed by several members, proposed an equal number of women and men. Similarly, where authorities or agencies, in accordance with the law to appoint members to committees, etc., shall be set up by the Municipal Council or Regional Council.

(2). The authority or organisation may derogate from the provisions of paragraph 1, if there are special reasons. The authority or organisation shall in that case at the same time, specify the reasons for doing so.

(3). If the authorities and organisations does not designate or sets the members in accordance with paragraph 1, a Municipal Council or Regional Council unanimously agree to decide that a selection, etc., set up by the Municipal Council or Regional Council, and whose composition is regulated in the law, can function without the members concerned. The same applies if the Municipal Council or Regional Council may not accept a justification in accordance with paragraph 2 for a derogation from the provision in paragraph 1.

(4). Paragraph 3 does not include committees, etc., who take general or operational decisions.

Gender composition by occupation of certain Board positions in the State administration, etc.

§ 11. Boards and other collective management bodies in institutions and enterprises within the State Administration should have a balanced composition of men and women.

(2). Boards and other collective management bodies in institutions and enterprises, which are not covered by paragraph 1, should, as far as possible, have a balanced composition of men and women, provided the costs of the institution or company predominantly covered by State funds or State owns the majority of the institution or company.

(3). The governing body should establish targets for the share, including the number, of the under-represented sex in the referred to in paragraphs 1 and 2 boards and other collective management bodies.

(4). The central governing body should in those referred to in paragraphs 1 and 2 governmental institutions and companies with 50 employees or more to draw up a policy to increase the number of the under-represented sex on their other levels of management. The definition of who is considered as an employee, and the calculation of the average number of employees must be in accordance with regulations issued under section 143 of the companies act.

(5). They referred to in paragraphs 1 and 2 institutions and companies that have established targets, see. (3), the Minister must report on the status of the line to the achievement of the intended targets, including, where appropriate, why they have not reached the set objective. At the same time reported on the drafted policy, see. (4). However, exempted the State corporations, which shall report on the measures and policies in accordance with the Danish financial statements Act § 99 (b), of the reporting obligation.

(6). For the parent companies, which draws up consolidated accounts, it is sufficient to set targets and draw up a policy, see. paragraphs 3 and 4, for the group as a whole.

(7). A subsidiary, as part of a group, or may fail to set targets and draw up a policy, see. paragraphs 3 and 4, if the parent company sets targets and draws up a policy for the entire group.

(8). Portfolio the Minister may decide that paragraph 1 shall apply to the institutions referred to in paragraph 2, and businesses.

(9). Portfolio the Minister may further decide that paragraph 1 or 2 shall apply to the institutions and companies operating under concession or similar public approval.

§ 12. Portfolio the Minister must know the designation of members of the Board of Directors, etc., regardless of whether the institution or company is subject to section 11, make sure that the members of the Board of Directors is appointed by the Minister balanced gender composed.

(2). If the Board of Directors, etc. as mentioned in section 11 in whole or in part, shall be appointed by a minister, should the authorities or organisations, which sets the 1 member to the Board of Directors, etc., suggest both a woman and a man. If there must be proposed by several members, proposed an equal number of women and men, and in the event of an odd number of one more of one sex than of the other. Similarly, where the authority or organization, in accordance with the law to appoint members. The Minister will decide who should be appointed as a member.

(3). Portfolio Minister may derogate from the provisions of paragraph 2, if it is necessary for the fulfilment of the target figures for the admission in paragraph 11.

(4). The authority or organisation may derogate from the provisions of paragraph 1, if there are special reasons, and shall in that event at the same time, provide a statement of the reasons therefor.

(5). Paragraph 1 shall not apply if the members of the Board of Directors, etc. partly or wholly elected by direct vote.

(6). If the authorities and organisations does not designate or sets the members in accordance with paragraph 1 shall remit to the Minister decide to Board, etc. should work without it or the members concerned. The same applies if the Minister cannot accept a justification in accordance with paragraph 2 for a derogation from the provision in paragraph 1.

§ 13. Portfolio the Minister must report to the Minister for gender equality and the church about the target figures and the status of the achievement of the stated objectives and raise awareness of the policies.

(2). Boards, etc., which are covered by section 11, the Minister shall, on request, provide relevant information on the gender composition of the Board of Directors, etc. Line the Minister may lay down detailed rules on how and at what time these particulars are to be given.

(3). If there is any doubt as to whether a Board of Directors, etc. as mentioned in section 11 covered by the reporting obligation, shall remit to the Minister a decision thereon.

(4). The Minister for gender equality and the Church can lay down detailed rules on how and at what time these particulars are to be given.

Chapter 5 the Danish Institute for human rights-Denmark's national human rights institution § 14. The Danish Institute for human rights-Denmark's national human rights institution has the mission to promote, evaluate and monitor and support equal treatment of men and women, without discrimination on grounds of sex, including by providing independent assistance to victims of discrimination to have addressed their complaints about discrimination, taking into account the victims, associations, organisations and other legal rights of persons, conducting independent studies of discrimination and publish independent reports and make recommendations on any issue relating to discrimination.

Chapter 6



sections 15-23. (Repealed)

Chapter 7-entry into force, suspension and audit provisions § 24. The law shall enter into force on the 1. June 2000.

(2). The statements referred to in section 5 shall be drawn up for the first time in 2001. The reports referred to in section 13 shall be submitted to the Minister for gender equality for the first time in 2003.

(3). The Chairman of the Board of gender equality mentioned in § 18 shall be appointed for the first time for a period of 4 years.

(4). The following laws and regulations are hereby repealed: 1) Lov nr. 157 of 24. April 1985 on equality between men and women in the appointment of members to the public committees, commissions and the like.

2) Act No. 238 of 20. April 1988 on equality between men and women.

3) Law No. 427 of 13. June 1990 on equality between men and women by occupation of certain Board positions in the State administration.

4) sections 5 (a) and 6 (a) of the Act on equal pay for men and women, see. lovbekendtgørelse nr. 639 of 17. July 1992.

§ § 25-30. (Omitted) section 31. The law does not apply to the Faroe Islands and Greenland.

Act No. 387 of 27. may 20082) includes the following entry-into-force provisions, etc.

§ 14. The law shall enter into force on the 1. January 2009.

(2). The Chairman of the Committee shall be appointed for the first time for a period of 4 years.

(3). Cases that are brought before the gender equality Board or Complaints Committee for ethnic equal treatment at the time of the entry into force of this law, shall be transferred to further treatment in the Committee.

sections 15-19. (Omitted)

Act No. 484 of 12. June 20093) includes the following entry-into-force provision, etc.

§ 2 paragraph 1. The law shall enter into force on the 1. September 2009.

(2). The Minister for gender equality put forward most recently in the Folketing year 2010-11 proposal for revision of Chapter 4.

Act No. 182 of 8. March 20114) includes the following entry-into-force provisions, etc.

section 4 of the law shall enter into force on the 15. March 2011.

§ 5




The law does not apply to the Faroe Islands and Greenland, but section 1 may by Royal Decree be set wholly or partially in force in respect of Faroe Islands and Greenland with the changes that the Faroese or Greenlandic circumstances warrant.

Act No. 553 of 18. June 20125) includes the following entry-into-force provisions, etc.

§ 11. The law shall enter into force on the 1. January 2013.

(2). (Omitted).

(3). (Omitted).

(4). (Omitted).

(5). (Omitted).

(6). (Omitted).

(7). (Omitted).

(8). (Omitted).

(9). (Omitted).

§§ 12-15. (Omitted)

Act No. 1288 of 19. December 20126) includes the following entry-into-force provision, etc.

§ 3 paragraph 1. § 1, nr. 1 and 5, and section 2 shall enter into force on the 21. December 2012.

(2). § 1, nr. 2-4, shall enter into force on the 1. April 2013.

(3). § 1, nr. 5, has effect for the fiscal year that begins on 1 January. January 2013 or later.

The Ministry of gender equality and the Church, the 19. December 2013 Manu Sareen/Abhi Hansen Official notes 1) Act contains provisions that implement elements of Council Directive 2004/113/EC of 13. December 2004 on the implementation of the principle of equal treatment of men and women in connection with access to and supply of goods and services, the official journal of the European Union 2004 nr. L 373, page 37.

2 Amendment relating to paragraph 3 (c)), section 3 (d) and Chapter 6.

3 Amendment relates to section 9), paragraphs 1 and 3, article 10 a, paragraph 1, section 10 (a), (3) and (4), article 12, paragraphs 1 and 4, and section 13, paragraph 1.

4 Amendment relates to Chapter 5) and § 14.

5 Amendment relates to the title of Chapter 5) and § 14.

6) Amendment Act § 1 relates to section 1 (a), paragraph 2, sections 11-12, section 13, paragraph 1, and section 13, paragraph 4.