Legislative and policy framework

The principle of gender equality is not enshrined in the Danish Constitution of 1953. Instead, the EU has influenced the idea of gender mainstreaming in Denmark, particularly with the Treaty of Amsterdam, which came into force in 1999. The Act on Gender Equality (first introduced in 2000 and amended in 2006, 2009 and 2013; LBK No 1678 of 19.12.2013)[1] is the fundamental law on gender equality in Denmark. Its first paragraph states that ‘The purpose of the law is to promote equality between women and men, including equal integration, equal influence and equal opportunities in all functions of society based on the equal value of women and men. The purpose of the law is also to counteract direct and indirect discrimination on the grounds of gender and to counteract harassment and sexual harassment.’ The law provides a legal obligation for gender mainstreaming, as it stipulates that ‘Public authorities shall, within their portfolio, work for gender equality and integrate gender equality in all planning and administration (mainstreaming).’

Other laws have affected gender equality in Denmark, including the Law on Equal Pay,[2] the Law on Equal Treatment[3] and the Law on Maternity/Paternity/Parental Leave.[4]

In policy terms, the Act on Gender Equality requires the Danish government to publish a yearly perspective and action plan on gender equality and on lesbian, gay, bisexual, transgender (LGBT+) issues. These plans have been published annually since 2002 and act as both national strategies and action plans. The perspective and action plan for gender equality for 2024 focuses on four areas: equal opportunities in education, work and family life; rights and freedom regarding personal life; safety, well-being and equal opportunities for LGBT+ individuals; and global gender equality and rights.

Specific initiatives in the 2024 action plan

  • A Gender Equality summit (Ligestillingens Topmøde) to discuss focus areas and challenges in gender equality and Gender Equality award (Ligestillingens Pris).
  • A campaign for young people that aims to raise awareness of sexual harassment.
  • The repeal of the exception that allowed gender discrimination when hiring priests.
  • An action plan addressing health, education and family life challenges for men and boys.
  • Support for fathers who find themselves in vulnerable positions.
  • Initiatives to attract more men to social and healthcare positions.

While specific metrics for measurement are not given, updates on the initiatives from the 2023 action plan are provided in the 2024 plan. From the 2023 action plan, 31 initiatives have been implemented, 24 initiatives have been launched and 1 initiative has not been implemented, highlighting that progress has been monitored despite the absence of specific metrics.

Denmark has several other policies to promote gender equality in a range of sectors. It also has a policy document – Equality Assessment Strategy in the Public Sector (Strategi for ligestillingsvurdering i det offentlige) – which was published in 2013 and has no end date of application.[5] The overall goal of the strategy is that gender mainstreaming assessments, where applicable, will be included in public management and planning, and thereby contribute to better use of public resources, increase quality and diversity and promote equality between women and men.

Structures

Governmental gender equality body

The Department of Gender Equality (Ligestillingsafdelingen) is the governmental body responsible for the promotion of gender equality within the Danish government. It is responsible for all government activities in the field of gender equality and has other equality-related functions, particularly regarding opportunities for LGBT+ people. The Department of Gender Equality is part of the Ministry of Digital Government, after previously being within the Ministry of Employment.

The department oversees the promotion of gender equality nationally and internationally and coordinates the equality work of other ministries. Chapter 5, Section 14, of the Act on Gender Equality sets out the department’s functions, stating that it is responsible for ‘Promoting, evaluating and monitoring, and supporting equal treatment of women and men without discrimination on the grounds of sex’.

Functions of the Department of Gender Equality

  • Conducting independent investigations into discrimination.
  • Publishing independent reports.
  • Making recommendations on any issue relating to discrimination.
  • Providing victims of discrimination with independent assistance regarding their complaints.

In 2024, the budget for the Department of Gender Equality was EUR 6 070 000, with approximately 33.6 % allocated to administrative costs. The department has 15 employees who work almost exclusively on gender equality, although four have an additional focus on LGBT+ issues. Other departments and ministries regularly consult the Department of Gender Equality about new and existing policies, laws and programmes. Reporting to parliament on the progress of gender equality efforts primarily consists of the annual reporting obligations included in the perspective and action plan for gender equality for 2024. Various commissioned reports are issued to all members of parliament, while public hearings on gender equality topics are arranged on an ad hoc basis.

Independent gender equality body

The Danish Institute for Human Rights (Institut for Menneskerettigheder) (DIHR) is the independent body that works to promote gender equality in Denmark.

In 2011, the DIHR was appointed as the national equal treatment body, with the responsibility to promote, evaluate, monitor and support the equal treatment of women and men, without discrimination based on gender. The DIHR also covers discrimination based on race and ethnic origin, age, disability, LGBT+ identity, religion and beliefs. In 2021, the DIHR was given an explicit mandate by the Danish parliament to promote, evaluate and monitor the equal treatment of LGBT+ people (LOV No 2591 of 28 December 2021).

Functions of the DIHR

  • Supporting victims of discrimination in filing complaints.
  • Conducting research on discrimination.
  • Publishing reports.
  • Making recommendations on matters regarding discrimination.

The legal basis for the DIHR is regulated by the Act on the Institute for Human Rights. The institute is an independent national human rights institution, modelled on the United Nations Paris Principles. The DIHR is regularly consulted about new or existing policies, which leads to appropriate adjustments in some cases.

The DIHR has 26 employees, with just 4 of these having gender equality as their area of expertise, given the institute’s broad mandate. It is fully funded by the national government, with an annual expenditure of EUR 2 103 000, 32 % of which is spent on administrative costs.

Parliamentary body

Although the existence of a parliamentary committee on gender equality is not regulated in the Danish Constitution, a Gender Equality Committee (Ligestillingsudvalget) has been present in the Danish parliament since 2011. The committee addresses gender equality by examining legislative proposals to assess whether they may influence gender equality, scrutinising government action through questions to relevant ministers and holding hearings and experts meeting on gender equality.

Regional structure

Since 2000, gender mainstreaming obligations have been implemented at all levels of public administration and in all decision-making processes. According to the Act on Gender Equality (Parts 3–5a),[6] municipalities and regions are compelled to report to the Minister for Gender Equality on the situation regarding gender equality among municipal and regional employees at least every two years.

Consultation with civil society

Civil-society actors are regularly involved in the government’s work on gender equality through a variety of means.

The roles of civil-society organisations

  • Participating in consultations when new policies or action plans are being drafted.
  • Participating in expert groups and committees working towards gender equality, for instance addressing the gender-segregated labour market or sexual harassment.
  • Attending meetings held by the governmental body for gender equality.
  • Participating in official Danish delegations to international meetings, such as the United Nations Commission on the Status of Women.
  • Participating in consultations concerning international negotiations on gender equality.
  • Participating in relevant conferences, seminars, etc.
  • Receiving and disseminating information and publications related to gender equality.

The Department of Gender Equality awards annual funds to non-governmental organisations working towards gender equality and on LGBT +issues, through both direct grants and application pools for specific purposes. Over the last five years, approximately EUR 3 800 000 has been set aside annually to support non-governmental organisations.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Denmark.

Gender impact assessment

Gender mainstreaming is a core principle of the Act on Gender Equality. It is achieved through gender impact assessments and conducting specific training modules.

According to the current Danish gender mainstreaming strategy, the objective of the gender impact assessment, as set out in the 2013 Equality Assessment Strategy in the Public Sector (Strategi for ligestillingsvurdering i det offentlige), is to ensure that the public sector takes gender and equality into account in all administration and planning. This means, for instance, carrying out gender impact assessments of law proposals, campaigns and services directed at citizens. The fourth paragraph of the Act on Gender Equality states that ministries are required to assess the gender impact of bills before they are proposed to parliament. Gender impact assessments of the public sector take place every three years, and gender impact assessments of legislative proposals occur annually. However, gender impact assessments are not implemented consistently, with some ministries carrying out gender impact assessments on all proposals and others none at all.

Gender budgeting

Denmark does not have a legal obligation for gender budgeting; it therefore remains practically an unknown concept.

Training and awareness-raising

Training on gender equality for governmental staff is not regulated by law. Employees from the Department of Gender Equality and some other ministries/departments are regularly involved in gender equality training, but it is not mandatory.

Gender statistics

Statistics Denmark[7] is the body responsible for producing data on various aspects of society and is regulated by the Act on Statistics Denmark. While the law does not explicitly state that statistics must be disaggregated by sex, they are in practice.[8]

The public can easily access statistics collected by Statistics Denmark via Statbank, an interactive website where users can create custom tables and charts based on statistics in various areas.[9] Statistics Denmark also has a web page devoted to statistics on gender equality: ‘Gender Equality’ (‘Ligestilling’).[10] The web page presents indicators on nine domains: democracy and women in decision-making, family, education, work, wages, income, health, safety and culture. Each indicator is linked to the related page on the Statbank website. The statistics are updated annually. The page also contains links to international statistics on gender equality provided by EIGE and the Organisation for Economic Co-operation and Development, among others. Most of the data on Statbank can be disaggregated geographically, by region or municipality, for example.

In Denmark, states, regions and municipalities are obliged to collect sex-disaggregated data on equal treatment. This data is collected and analysed in gender equality reports, which are published every three years, most recently in 2023.[11]

Monitoring progress

Denmark’s institutional mechanisms for gender equality and gender mainstreaming stand above the EU average and show progress compared with 2021.

Explore Denmark's scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action.

Denmark: Institutional mechanisms for gender equality and gender mainstreaming

References