Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. Article 1 of the Convention. Legislative developments. The Committee notes with interest that the Act on equal treatment of men and women concerning access to employment and maternity leave (as amended up to Notification No. 734 of 28 June 2006) has been amended with respect to the burden of proof in gender discrimination cases. Section 16a of the Act provides that, where the claimant shows facts from which it may be assumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment. The Committee also notes with interest the adoption of the Gender Equality Act, which establishes a Gender Equality Board, mandated to examine sex discrimination complaints under the Equal Pay Act and the Gender Equality Act. The Committee requests the Government to provide information regarding the practical application of the new provisions. The Committee also requests the Government to provide additional information on any cases of gender discrimination examined by the Gender Equality Board, including the outcome of such cases.

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest the Government’s statement that it intended to introduce age and disability as additional prohibited grounds of discrimination under the Act prohibiting discrimination in employment. The Committee understands that such amendments have since been adopted, pursuant to Notification No. 756 of 30 June 2004, and that section 1 of the Act now prohibits discrimination on the following grounds: race, colour, religion or belief, political opinion, sexual orientation, age, disability, national extraction, and social or ethnic origin. The Committee welcomes the protection provided regarding the additional grounds of discrimination, and requests the Government to provide information on the practical application of the amendments.

3. Article 1(2). Inherent requirements of the job. The Committee recalls its previous comments concerning section 6(2) of the Act prohibiting discrimination in 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. It notes the Government’s statement that no further exemptions have been requested or granted. It also notes the Government’s statement that the Ministry of Employment considers that the principle of proportionality should be used in connection with the evaluation of specific cases, with the loyalty obligation viewed in relation to the tasks to be performed. The Committee asks the Government to continue providing information regarding any exemptions obtained under section 6(2) of the Act prohibiting discrimination in employment, indicating the reasons for granting such exemption.

4. The Committee notes further the Government’s statement that it is possible for an employer to present a request to the competent Ministry to obtain an exemption from the Act prohibiting discrimination in employment if it is of decisive importance to the enterprise or the training/education course that the person in question be of a certain race, political opinion, sexual orientation, national extraction, social or ethnic origin or has a certain colour or belongs to a certain religion. It notes that the Ministry of Employment shall have the opportunity to express its opinion in this context. The Committee requests the Government to provide information regarding the number of exemptions that have been requested and those obtained, and the nature of such exemptions.

5. Article 2. Discrimination based on race, colour and national extraction. The Committee notes with interest the adoption of the Ethnic Equal Treatment Act (Act No. 374 of 28 May 2003) aimed at preventing discrimination and promoting equal treatment of all, irrespective of race or ethnic origin. The Committee understands that the Integration Act (Act No. 643 of 2001) was also recently amended (by Notification No. 902 of 31 July 2006). The Committee requests the Government to provide information on the practical application of the Ethnic Equal Treatment Act and the amendments to the Integration Act in addressing discrimination based on race, colour and national extraction.

6. The Committee notes from the statistical information available that the unemployment rate in 2002 for persons of Danish origin was 5.2 per cent (5 per cent in 2000) and has slightly decreased for people with other ethnic backgrounds to 11.5 per cent, compared with 13.3 per cent in 2000. It also 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 7.4 per cent (7.3 per cent for men and 7.6 per cent for women), compared with 11.5 per cent for migrants (11.1 per cent for men and 12.1 per cent for women). The Committee also notes that to improve the statistical base of information, a guide concerning employers documenting their staff composition is being prepared, in cooperation with the Institute of Human Rights. The Committee requests the Government to provide a copy of the guide to employers on documenting their staff composition, and asks the Government to continue to provide the available statistical information on unemployment rates, disaggregated by sex and, to the extent possible, by race, colour and national extraction.

7. The Committee notes that the Government commends the social partners for their continuous work aimed at changing attitudes on the labour market. The Committee notes the wide range of measures that continue to be undertaken by all parties concerned. With respect to the major reform of the integration and labour market fields in 2002 and 2003, the Committee notes that, after their three-year integration period, refugees and migrants are now covered by general employment measures and that the special measures previously applied expired at the end of 2003. The Committee further notes that with the aim of changing attitudes and strengthening contact between ethnic minority groups and enterprises, funds have been allocated to establish special placement units in the regions where there is a concentration of refugees and migrants, and that the trial period for this project has been extended until 2006. With respect to making use of migrants’ and refugees’ qualifications and competences, the Committee notes that the Government envisaged the establishment of a special clarification of competence units. The Committee also notes the role of collective agreements in promoting the integration of workers from ethnic minorities, as described in the Government’s report. The Committee requests the Government to continue to provide information on promotional measures undertaken or envisaged to assist the integration of migrants and refugees in Denmark and to provide information on results obtained. Please also provide information on activities carried out by the Ethnic Equality Board and the Ethnic Data Centre.

8. Part III of the report form. Authorities. The Committee notes with interest the establishment in 2002 of the Institute for International Studies and Human Rights, which is mandated to assist victims of discrimination. It also notes that the Ethnic Equal Treatment Act is under the competence of the Ministry of Refugees, Immigrants and Integration. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged by the Institute of International Studies and Human Rights to promote equal treatment and opportunities in employment and occupation, and to provide detailed information on its activities undertaken to assist victims of discrimination. It also asks the Government to provide information on measures taken or envisaged by the Ministry of Refugees, Immigrants and Integration with respect to promoting equal opportunity and treatment of ethnic minorities in employment and occupation.

9. Part IV of the report form. Case law. The Committee notes the Government’s statement that, during the reporting period, there was extensive case law on sexual discrimination and, since its last report in 2001, it is aware of 45 court decisions concerning discrimination in relation to pregnancy and maternity leave and six concerning sexual harassment. It also notes the Government’s statement that the Ministry of Employment is aware of some cases based on the Act prohibiting discrimination in respect of employment which have been brought up in civil courts but that all cases have been settled and the Ministry has no specific information on the contents of the cases. The Committee requests the Government to continue providing information regarding the case law concerning discrimination in employment and occupation.