Denmark National Report on Statistical Information on Law and Policy

EU FP6 Coordination Action on Human Rights Violations

Denmark National Report on Law and Policy Addressing Men’s Practices

Work Package 8[1]

LeeAnn Iovanni and Keith Pringle

1. Key points

a. Governmental communication is primarily constructed in a gender-neutral way. The prevailing discourse is gender equality, which is meant to take into account the differences both between and within gender groups, such that the focus is also on individual self-determination and removing barriers to choice. Men get explicit attention in the national focus on violence against women.

b. Gender discrimination is mentioned in relation to violence against women, the prostitution trade, female genital mutilation among certain minority groups, and the gender wage gap. It also relates to fathers’ custody rights.

c. A national plan to combat violence against women has resulted in the implementation of several measures to varying degrees. A significant development is a recent law that increases police power to remove violent or threatening persons from the home. Treatment of violent men, albeit voluntary and anonymous, is also getting increased attention. Legislation on violence, rape and on child sexual abuse has recently increased punishment levels. Prostitution and trafficking in women are also getting increased attention.

d. Immigration and ethnicity comprise a significant part of government communication across ministries. The anti-immigration sentiment is strong in Denmark. The integration of ethnic minorities in terms of education and employment is high on the political agenda and gender differences in integration patterns are noted.

2. The national legal policy, and political background and context

2.1 Political and governmental system, political composition of national government

Denmark is a constitutional monarchy with a unicameral, multiparty parliament. The first Danish Constitution was signed on June 5, 1849. The constitution has been amended a few times since then, in 1866, 1915 and in 1953. In the 1915 revision, a universal right-to-vote was introduced. Social security as a universal right was written into the 1953 revision. The governments of Post-WWI Denmark were characterized by alternating Social Democrat (Socialdemokratiet) and Liberal (Venstre) – actually a right-wing party in the traditional sense – minority cabinets until 1929 when a coalition of Social Democrats and Social Liberals (Det Radikale Venstre) came to power and remained in power until 1940. The Social Democrats held power either alone or in coalition for most of the post-WW II period except from 1982 to 1993, when in 1982 Denmark saw it first Conservative prime minister since 1901, Poul Schülter, who led a Liberal-Conservative minority government. From February 1993 to November 2001, Social Democratic Party chairman Poul Nyrup Rasmussen led a series of center-left minority coalition governments. However, growing numbers of immigrants and refugees throughout the 1990s have led to growing support for populist anti-immigrant sentiments. In November 2001, the far-right Danish People's Party (Dansk Folkeparti) doubled its number of parliamentary seats; this was a key factor in bringing into power a new minority, right-of-center coalition government led by Liberal Party head Anders Fogh Rasmussen, which tightened immigration laws. Parliamentary elections held February 8, 2005 returned the coalition to government for another term of up to four years. The coalition consists of the Liberal Party and the Conservative Party (Det Konservative Folkeparti) holding 70 of the 179 seats in the Parliament, and has the parliamentary support of the Danish People's Party, holding another 24 seats, the latter figure represented an increased number of seats for the Danish People’s Party which is now the third largest party in the Danish Parliament. The opposition Social Democrats hold 47 seats and the Social Liberals hold 17. The current domestic political agenda will address the costs and benefits of the social welfare system, restraining taxes and immigration issues.

2.2 Main governmental ministries involved in relevant policy development

The main governmental ministries involved in relevant policy development include the following: The Ministry of Social Affairs is responsible for the central administration of the Danish social security and benefits system. It assists in the drafting of bills and initiates debate, pilot projects and research that are capable of developing the social area. Its main responsibilities are policy on children at risk, elderly and disabled people and pensions, marginalized groups such as homeless people, people with mental disorders and drug addicts. Within the Ministry of Social Affairs, the Department of Gender Equality headed by the Minister for Gender Equality oversees all activities in the field of gender equality, is responsible for implementing the gender mainstreaming strategy and coordinates the related work in all the other ministries. The Minister lays down rules and guidelines and initiates special measures to promote gender equality and equal opportunities. Gender equality takes into account the differences both between and among women and men so that individual self-determination and removing barriers to choice is part of the discourse. Gender discrimination relates to violence against women, the prostitution trade, and the gender wage gap. It also relates to fathers’ custody rights. Each year, the Minister produces a report and a perspective and action plan for the Parliament. These have outlined various initiatives relative to violence against women, public health, gender mainstreaming, equality in the labor market, etc. The Danish government also formally sponsors the Children’s Council which suggests policy to improve the situation of children. The Children’s Council was established on a trial basis in 1994 and became permanent in 1997. Although it formally consults children, there are no children as members of the Children’s Council. The council advocates generally on behalf of children, but not specifically for individual children. Comparisons are interesting with the positions of Children’s Ombudsmen in Norway and Sweden and with the newly created positions of of Commissioner for Children in the UK. The Ministry of Refugee, Immigration and Integration Affairs was created in November 2001 and subsumes many activities previously handled by other ministries. It handles matters concerning the Aliens Act, the Act on Integration of Aliens in Denmark (the Integration Act), the Repatriation Act, the Act on the Board for Ethnic Equality, the Act on Teaching Danish as a Second Language, international cooperation in the refugee, immigration and integration field, and matters concerning finances, statistics and analyses within the refugee, immigration and integration field as well as matters concerning Danish nationality. It also handles matters concerning the State Secretariat for Urban Regeneration, implementation of proposals from the Urban Committee and matters concerning increased efforts to help socially vulnerable refugees and immigrants. It also handles labor market political initiatives for immigrants and refugees, removal of barriers against employment of immigrants and refugees. The Ministry of Employment is responsible for all measures regarding all types of unemployment assistance and support; sick leave, maternity leave; rules, regulations and labor laws for all workplace conditions and environment; injury compensation; rehabilitation, flex-jobs and activation of the unemployed – the insured as well as the uninsured. It is also responsible for initiating measures relating to promoting the socially inclusive labor market and the social responsibilities of workplaces, as well as all matters related to the employment of socially marginalized groups. The Ministry of Interior Affairs and Healthhandles matters concerning the administration and financial monitoring of the municipalities and counties, parliamentary as well as local elections, etc. It also handles matters concerning the person registry. With respect to health, it handles general matters concerning planning, coordination and developing of measures in the health care administration, the hospital administration, the public health insurance, municipal-level health care, and the medical officer/health inspection administration. It also handles matters related to pharmaceuticals, pharmacy administration, health promotion and disease prevention, patient’s rights, and ethical matters.

2.3 Legal/policy support for provider model

The first social service acts were passed between 1890 and 1922 and the National Assistance Act of 1933 defined social programs as the responsibility of the Danish Government. This act was reaffirmed and updated in 1961 and supplemented by special acts on the deaf, the blind, and “the mentally retarded” (the latter in 1959). All those not covered under any of these acts are eligible for services under the Rehabilitation Act of 1960. General retirement pension was introduced in 1956. Social security as a right for all was written into the Constitutional Act of Denmark of June 5, 1953 as follows: “§ 75 (1) In order to advance the public interest, efforts shall be made to guarantee work for every able bodied citizen on terms that will secure his existence. (2) Any person unable to support himself or his dependents shall, where no other person is responsible for his or their maintenance, be entitled to receive public assistance, provided that he shall comply with the obligations imposed by statute in such respect” (own emphasis). Thus all citizens in need are entitled to receive social security benefits and social services regardless of their affiliation to the labor market. Social security benefits and social services are chiefly financed from general taxation and their administration lies with the Ministry of Social Affairs.

2.4 Equality law and policy

The Danish Act on Gender Equality was passed on May 30, 2000. (A Gender Equality Consolidation Act was passed on July 2, 2002.) According to §1: “The purpose of this Act is to promote gender equality, including equal integration, equal influence and equal opportunities in all functions in society on the basis of women's and men's equal status. The purpose of the Act is also to counteract direct and indirect discrimination on the ground of gender and to counteract sexual harassment.” Its passage abolishes previous acts in the gender equality law complex listed here with original year of enactment: Act on Equality of Men and Women in Appointing Members of Public Committees (1985); Act on Equal Opportunities between Men and Women in the Occupation of Certain Executive Board Positions in the Public Administration (1990); certain sections of the Act on Equal Pay to Men and Women (Equal Pay Act) (1976)/Consolidation Act (1992); and Act on Equal Treatment of Men and Women (1988). Furthermore, its passage amends certain sections of the Act on Equal Treatment of Men and Women as regards Access to Employment, Maternity Leave, etc. (Equal Treatment Act) (1978)/Consolidation Act (1998). Denmark has legislation on gender mainstreaming. The implementation of the gender mainstreaming strategy is based on § 4 of the Act on Gender Equality which stipulates that: “Public authorities shall, within their portfolio, work for gender equality and integrate gender equality in all planning and administration (mainstreaming).” The Danish inter-ministerial gender mainstreaming project Action Plan 2002-2006 was published in 2000 and the project was launched in March 2001. For the various ministries involved, the plan provides a brief overview of launched, planned and unresolved initiatives; method for charting activities; and guidelines for project descriptions. The Gender Equality Board (Ligestillingsnævnet) was established on a trial basis in 2000 and became permanent as of May 1, 2003. The board handles complaints about gender discrimination in the workplace and in other areas of life such as education, health and finance. Decisions are binding within the administrative system, but cases can also go before a court.

The Convention on the Elimination of All Forms of Discrimination Against Women entered into force in Denmark on May 21, 1983. Denmark’s first, second, third and fourth CEDAW periodic reports were submitted in 1984, 1988, 1993 and 1997. The most recent fifth report was submitted in 2000. It is interesting to note that the Masculine Forum of Denmark, an umbrella organization of Danish men’s organizations (which does not appear to exist any longer) submitted a comment to the fifth CEDAW report finding it problematic in several ways. The group finds fault with a focus solely on the discrimination of women at the neglect of the discrimination of men particularly that which could result indirectly from anti-discrimination measures implemented to honor the CEDAW. They also note that since gender equality is impossible to define, it is therefore impossible to measure it or to define the circumstances under which it occurs. Furthermore, it must be determined whether any imbalances that do exist are the result of discrimination or free personal choices. The group also finds discriminatory the custody policy with regards to unmarried parents, where unless an agreement for joint custody exists, the mother retains sole custody. They also note that joint custody is a privilege that all children should enjoy, regardless of the marital status of the parents.

2.5 Men’s politics and organizations

Men’s political organizations in Denmark include the following: Aktive Far [Active Fathers] is an organization for gay fathers, working to support and strengthen the relationship between fathers and children. Foreningen Far til Støtte For Børn og Forældre [United Fathers Supporting Children and Parents] is a group that works towards furthering the custody and visitation rights of fathers. Additionally, among the issues this group addresses is the separation of fathers from their children in cases where the mother is residing in a women’s crisis center (battered women’s shelter), particularly father married to women of foreign origin. Landsorganisation af Kvindekrisecentre,LOKK (the National Organization of Shelters for Battered Women and their Children) has refused to cooperate with this group and specific centers have refused appeals from this group to facilitate contact between the father and his children. The group is confident in fathers’ reports of no violence having occurred between the parents or the parents and children. Further, United Fathers contends that foreign women compensate for their lack of employment by claiming rights to their children and that this is a misunderstanding of parenthood.

3. Home & Work

Maternity/Paternity/Parental leave scheme: It is the government’s aim to help families to better coordinate work and home life with longer and more flexible leave regarding childbirth and childcare. The new leave scheme applies to parents of children born as of March 27, 2002, retroactive to January 1, 2002. (Parents of children born before January 1, 2002 are subject to the old leave system.) According to the new scheme, parents have a total of 52 weeks of leave with (full) unemployment benefit; this includes the 4 weeks maternity leave the mother may take before the birth. The mother has the right to 14 weeks of maternity leave after the birth; during that same period, the father has the right to 2 weeks of paternity leave. Once the child is 14 weeks old, the parents have the right to a total 32 weeks of (parental) leave with (full) unemployment benefit which they can share as they wish; they may take simultaneous or consecutive periods of leave. The government will not dictate which parent takes leave. The father can also choose to begin a part of the 32 weeks (parental) leave, while the mother is on the 14 weeks maternity leave. The parents may choose to extend the 32 weeks leave by 8 weeks (i.e., to 40 weeks), but the amount of unemployment benefit remains at the amount for 32 weeks. Employed salaried persons and self-employed persons can extend the leave further to 46 weeks, but again the amount of unemployment benefit remains at the amount for 32 weeks. Parents also have the right to postpone 8-13 weeks of the leave until a later time, but it must be used before the child turns 9 years old. Further arrangements about returning to work par-time and extending the benefit payment period can be made with individual employers(Ministry of Employment, maternity leave policy).

Law on parental custody and contact(Lov om forældremyndighed og samvær - LOV nr 387 af 14/06/1995): The new (1995) law on child custody and contact arrangements automatically recognizes the joint custody of married parents similar to the earlier (1985) law. However the new law emphasizes joint custody for unmarried parents more explicitly than the previous law and critics have noted this is the preferred outcome (Hester, 2002), where according to § 5 of the new law: “If the parents are not married, the mother has sole custody unless the parents have entered into an agreement on joint custody,” where according to § 6: the parents can agree that they should have joint custody, and in § 5, clause 2: failing such an agreement, the mother retains sole custody. Where the earlier law contained a section called “transfer of custody by judicial ruling” the new law contains a more specific clause “transfer to the father by judicial ruling” where in § 12: “If unmarried parents have lived together for a longer time without having joint custody and the father desires custody at the point of separation, the court decides with specific consideration for what is best for the child, which of the parents should be awarded sole custody” (see Hester, 2002). Furthermore, it is stipulated in § 12, clause 2: “In other instances the court can transfer sole custody from the mother to the father if the change is best for the child. With this decision, weight shall be given to whether possession of custody hinders contact without justifiable reason.” This type of situation is referred to as “contact sabotage” in the government’s guidance to the law (Civilretsdirektorat, 1999 cited in Hester, 2002). The emphasis of the new law is on contact for non-residential parents (more likely the father) as stated in § 16: “the child’s connection with both parents is sought to be preserved with the one who is not living with the child having the right to contact.” Critics representing academics as well as professionals working in the field have noted that the 1995 law on child custody and contact arrangements reflects the prevailing gender equality discourse as well as the notion of “father deprivation.” The law is indicative of a shift from a safety-oriented, pragmatic approach, which emphasized parental agreement on ensuring child welfare, to an ideological rights-based approach with emphasis on the equal rights of the non-custodial parent. The law, which amounts to “coerced” custody agreements, effectively ignores issues of domestic violence and thus negatively impacts child welfare, quality of contact and safety of the mother (see Hester, 2002).