Parliament recently adopted the Draft Bill Amending the Gender Equality Act, the Anti-Discrimination Act, the Criminal Code and Various Other Acts, which was introduced by the Ministry of Employment in October 2021. The amendments entered into force on 1 January 2022.
The bill follows the government's proposal "Freedom to be different – strengthened rights and possibilities for LGBTI people", which, among other things, aims to strengthen and clarify the prohibition of discrimination against lesbian, gay, bisexual, trans and intersex persons and to create equal protection inside and outside the labour market.
Previously, gender identity and gender expression were considered to form part of the criteria protected under:
- the Gender Equality Act;
- the Equal Treatment Act; and
- the Anti-Discrimination Act.
However, following these amendments, the Gender Equality Act and the Anti-Discrimination Act explicitly prohibit discrimination on grounds of:
- gender identity;
- gender expression; and
- gender characteristics.
Further, a prohibition of discrimination on grounds of sexual orientation is now included in the Gender Equality Act, which applies outside the labour market. In addition, it is specified in the Criminal Code that the concepts of gender identity, gender expression and gender characteristics fall within the scope of the provision on hate crime and hate speech.
In the preparatory notes to the bill, it is specified that "gender identity" covers a person's inner and individual experience of their gender, while "gender expression" covers the way in which a person expresses their gender, such as choice of clothing. "Gender characteristics" covers the biological features that characterise and differentiate gender, including:
- the number of X and Y chromosomes;
- beard growth; and
- breast development.
The Board of Equal Treatment has already considered complaints about gender identity and gender expression, even before these protected criteria were explicitly stated in the Act on the Board of Equal Treatment. Following the amendments, the Board of Equal Treatment has been given explicit authority to consider complaints about discrimination on grounds of gender identity, gender expression and gender characteristics, as well as complaints about discrimination on grounds of sexual orientation outside the labour market.
Finally, gender identity, gender expression and gender characteristics are now explicitly within the scope of the authority of the Danish Institute for Human Rights.
For further information on this topic please contact Yvonne Frederiksen at Norrbom Vinding by telephone (+43 35 25 3940) or email ([email protected]). The Norrbom Vinding website can be accessed at norrbomvinding.com.