Denmark
Overt racism is not a widespread phenonomen i Denmark. The number of reported race-based crimes is low. However, the actual number of hate crimes in Denmark is unclear and studies show a large discrepancy between the extent of hate crimes experienced by individuals, and the number of reported hate crimes.
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Anti-discrimination Legislation & Implementation
Danish law contains prohibitions of discrimination in accordance with Directives 2000/43/EC and 2000/78/EC. Discrimination on grounds of race or ethnic origin is forbidden in the labour market and access to goods and services. In the labour market, the law covers additional suspect grounds such as religion, age, disabilities and national origin.
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Is racial discrimination defined in national law?
Yes.
Qualitative Info
Within the scopes of Directives 2000/43/EC and 2000/78/EC, Danish law provides a definition of racial discrimination in accordance with the directives, see Act on Discrimination (forskelsbehandlingsloven) and Act on Ethnic Equal Treatment (lov om etnisk ligebehandling). Additionally, it is a criminal offence under the Act on Prohibition of Discrimination on Account of Race Etc. (lov om forbud mod forskelsbehandling pga. race mv.), in commercial or non-profit activity, to refuse to serve a person on equal terms with others on account of the race, colour, national or ethnic origin, belief or sexual orientation of such person.
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Is there a definition of discrimination on the grounds of race, ethnic origin and/or religion in national law in conformity with the EU Directives?
Yes.
Qualitative Info
The Act on discrimination (forskelsbehandlingsloven) and the Act on Equal Treatment (lov om etnisk ligebehandling) implement Directives 2000/43/EC and 2000/78/EC.
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Does the national law cover all grounds of discrimination as in the International Conventions and EU law or additional discrimination grounds?
n/a
Qualitative Info
Depending on the applicable statute, prohibitions of discrimination in Danish law cover grounds such as race, colour, religion or belief, political views, sexual orientation, age, disabilities, and national, social or ethnic origin, and gender.
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Is racial discrimination defined in national law?
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Anti-racist Crime Legislation & Implementation
Hate crime is not a separate offence under Danish criminal law, but i.a. racist motive shall be considered an aggravating factor in connection with any crime. Hate speech is punishable by law.
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Is there legislation against racist and hate crime?
Yes.
Qualitative Info
Racist or hate crime is not a separate offence under Danish criminal law. However, in terms of sentencing, the penal code considers it an aggravating circumstance for any crime to be committed with a motive relating to the victim's race, religion, sexual orientation or the like.
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Is there a legal definition of racist-hate crime?
Not as such.
Qualitative Info
Racist-hate crime is not a separate offence under Danish criminal law. However, in terms of sentencing, the penal code considers it an aggravating circumstance for any crime to be committed with, inter alia, a racist motive.
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Is there a legal definition of hate speech?
Yes.
Qualitative Info
Section 266b of the penal code states in English translation: "(1) Any person who publicly or with the intention of dissemination to a wider circle of people makes a statement or imparts other information threatening, insulting or degrading a group of persons on acount of their race, colour, national or ethnic origin, belief or sexual orientation, shall be liable to a fine or imprisonment for a term not exceeding two years. (2) When handing down the punishment, it is to be considered as an aggratating circumstance that the statement is in the nature of propaganda".
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Are there legal definitions of racist incident and racist violence?
Yes.
Qualitative Info
Hate crimes are associated with section 81(6) of the Danish penal code, according to which it is an aggravating factor if a crime is motivated by prejudice and hatred based on the victim’s race, ethnicity, faith, sexual orientation or the like.
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Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?
Yes, partly.
Qualitative Info
Section 78 [Freedom of association] of the Danish Constitution states in English translation: "(1) The citizens shall be entitled without previous permission to form associations for any lawful purpose. (2) Associations employing violence, or aiming at attaining their object by violence, by instigation to violence, or by similar punishable influence on people of other views, shall be dissolved by judgment. (3) No association shall be dissolved by any government measure. However, an association may be temporarily prohibited, provided that proceedings be immediately taken against it for its dissolution. (4) Cases relating to the dissolution of political associations may without special permission be brought before the highest court of justice of the Realm. (5) The legal effects of the dissolution shall be determined by statute”.
Section 132(a) of the Danish penal code makes it punishable to participate in the continuation of the activities of an association after it has been prohibited temporarily by the Government or dissolved by judgement of a court of law and to become a member of such an association after the prohibition or the dissolution.
However, ECRI notes in its third national report on Denmark, § 22, that racist organisations are still not prohibited in Denmark. Furthermore, although the Danish authorities have indicated to ECRI that the policy in Denmark is to prosecute individual members of neo-Nazi or skinhead organisations, very few cases, if any, have actually been brought against them.
External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/DNK-CbC-III-2006-18-ENG.pdf
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Is there an independent assessment of the impact of anti-racist legislation and its application in practice?
No. Not on national level.
Qualitative Info
No. Not on the national level. On the international level, assessment are carried out by bodies such as ECRI and CERD.
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Is there an estimate or evidence that hate crime cases/incidents are under-reported disproportionately in relation to other crimes?
Yes.
Qualitative Info
Yes, according to a report on the subject made by the Danish Institute for Human Rights in 2011.
External Url http://menneskeret.dk/files/pdf/Publikationer/IMR-Udr-8-Hadforbrydelser.pdf
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Is policing reported to be adequate in terms of combating racist violence/hate crime effectively?
No.
Qualitative Info
In a report made by the Danish Institute for Human Rights 2011 on the subject of hate crimes, it is shown that refusals and lack of registration of reportings of potential hate crimes occur within the police. Potential hate crimes are therefore, in some cases, treated as ordinary criminal cases.
External Url http://menneskeret.dk/files/pdf/Publikationer/IMR-Udr-8-Hadforbrydelser.pdf
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Is the judiciary reported to be adequately and effectively combating racist violence/hate crime?
No.
Qualitative Info
There is at least one example of a judgment that does not even offer a reason why the apparent racist motive was not applied as an aggraveting factor in the sentencing.
External Url http://menneskeret.dk/files/pdf/Publikationer/IMR-Udr-8-Hadforbrydelser.pdf
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In the context of hate crime, is racist motivation treated as an aggravating circumstance?
Yes.
Qualitative Info
According to section 81(6) of the Danish penal code, when handing down the punishment, the courts shall, in general, consider it an aggravating circumstance if the offence is motivated by the ethnic origin, belief, sexual orientation or the like of others.
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If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?
The relevant provision is rarely applied.
Qualitative Info
The Director of Public Prosecution (Rigsadvokaten) receives notification from the districts about the application of the relevant provision in court. According to the Director's review of 2008, he received notification of 10 cases (2006-2008) in which the provision was applied. In 5 cases, the court found that the crime in question had been motivated by the race or ethnic origin of the victim. In 3 cases, the crime was found to have been motivated by the sexual orientation of the victims. In two of the cases, the court rejected that the crime was motivated by the race or sexual orientation of the victims.
External Url http://www.rigsadvokaten.dk/media/dokumenter/Redegorelse_hatecrime_-_April_2008.pdf
See other countriesSee indicator history - Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?
- Have public servants been reported as being perpetrators of racist violence/hate crime?
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Is there legislation against racist and hate crime?
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Political Parties-organisations - Racist & Xenophobic Discourse
In Denmark the Danish People’s Party express xenophobic sentiments and discourses and this discourse has become a wider phenomenon in the political sphere. In the executive summary of ECRI’s third report on Denmark it is noted that: “(t)he general climate has continued to deteriorate in Denmark, with some politicians and parts of the media constantly projecting a negative image of minority groups in general and Muslims in particular.”
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Are there political parties that express racist or xenophobic sentiments/discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda?
Yes.
Qualitative Info
E.g. the Danish People's Party (Dansk Folkeparti).
In ECRI's third national report on Denmark, §§ 104-105, the Committee "notes with deep concern that, as indicated above, the climate in Denmark has worsened since its second report and that there is a pervasive atmosphere of intolerance and xenophobia against refugees, asylum seekers, as well as minority groups in general and Muslims in particular. The media, together with politicians play a major role in creating this atmosphere. As also previously indicated, members of the Danish People’s Party, have, on several occasions, made shockingly racist statements in the media, without being suspended from this party. The police’s reluctance to bring charges against those who incite racial hatred in accordance with Article 266 b) of the Criminal Code and the fact that freedom of expression is placed above all else have contributed to giving free reign to some politicians to make derogatory statements in the media about minority groups. Moreover, the fact that the Government depends on the Danish People’s Party to maintain its coalition has given this party considerable leverage, which enables it to push through an anti-immigration agenda and to pass laws which in effect disproportionately disadvantage minority groups […] The relative impunity with which politicians in general and members of the Danish People’s Party in particular regularly make incendiary statements against minority groups in the media, has contributed to worsening these groups’ image with the majority of ethnic Danes. The general public is thus constantly given the impression that integration has failed and that minority groups are to blame as they do not wish to integrate. In this regard, parts of the media do not provide a forum in which minority groups who do not conform to these stereotypes can express themselves. Thus, the disproportionate space given in the media to negative stories about minority groups in general and Muslims in particular has succeeded in convincing many ethnic Danes that these groups are a threat to Danish society".
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Parties that express xenophobic discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda
Yes.
Qualitative Info
E.g. the Danish People's Party (Dansk Folkeparti).
In ECRI's third national report on Denmark, §§ 104-105, the Committee "notes with deep concern that, as indicated above, the climate in Denmark has worsened since its second report and that there is a pervasive atmosphere of intolerance and xenophobia against refugees, asylum seekers, as well as minority groups in general and Muslims in particular. The media, together with politicians play a major role in creating this atmosphere. As also previously indicated, members of the Danish People’s Party, have, on several occasions, made shockingly racist statements in the media, without being suspended from this party. The police’s reluctance to bring charges against those who incite racial hatred in accordance with Article 266 b) of the Criminal Code and the fact that freedom of expression is placed above all else have contributed to giving free reign to some politicians to make derogatory statements in the media about minority groups. Moreover, the fact that the Government depends on the Danish People’s Party to maintain its coalition has given this party considerable leverage, which enables it to push through an anti-immigration agenda and to pass laws which in effect disproportionately disadvantage minority groups […] The relative impunity with which politicians in general and members of the Danish People’s Party in particular regularly make incendiary statements against minority groups in the media, has contributed to worsening these groups’ image with the majority of ethnic Danes. The general public is thus constantly given the impression that integration has failed and that minority groups are to blame as they do not wish to integrate. In this regard, parts of the media do not provide a forum in which minority groups who do not conform to these stereotypes can express themselves. Thus, the disproportionate space given in the media to negative stories about minority groups in general and Muslims in particular has succeeded in convincing many ethnic Danes that these groups are a threat to Danish society".
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Is hate speech/racist-xenophobic discourse a wider, more 'mainstream', phenomenon in the political sphere?
Yes.
Qualitative Info
In the Executive summary of ECRI's third report on Denmark, it is noted that "[t]he general climate has continued to deteriorate in Denmark, with some politicians and parts of the media constantly projecting a negative image of minority groups in general and Muslims in particular".
External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/DNK-CbC-III-2006-18-ENG.pdf
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Nation-wide organisations that express racist or xenophobic sentiments/discourse in the form either of hate speech or promote an anti-migrant and/or anti-minority agenda
Yes.
Qualitative Info
Den Danske Forening , which is self-defined as a 'cross-party movement', is known for expressing strong anti-muslim sentiments.
Groups affected/interested
- Migrants
- Muslims
Type (R/D)
- Anti-migrant/xenophobia
- Islamophobia
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
External Url http://www.dendanskeforening.dk/index.asp?id=27
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Are there political parties that express racist or xenophobic sentiments/discourse in the form of hate speech or promote an anti-migrant and/or anti-minority agenda?
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Anti-racist Policies & Organisations
The issues of racism, xenophobia and discrimination have received scant attention from public decision makers during the last decade, and organisations have not received funding.
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Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?
Yes.
Qualitative Info
In November 2003, the former centre-right Government published a national action plan to promote equal treatment and diversity and to combat racism. According to the authorities, some of the 14 initiatives (funding, research, dialogue etc.) presented in the strategy were implementet in 2004 whereas others are in the process of being implemented still. The national action plan of 2003 made a specific point of emphasizing that, in the Government's view, there was an overlooked issue in racism and intolerence perpetrated by members of minority groups against other minorities or the majority.
See other countriesSee indicator history - Has regional/local governance made a significant attempt at combating racism and related ideologies?
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In your country are there any non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity?
Yes.
Qualitative Info
The Documentation and Advisory Centre on Racial Discrimination (Dokumentations- og rådgivningscenteret om racediskrimination) is one example.
See other countriesSee indicator historyGroups affected/interested
- Migrants
- Ethnic minorities
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Non governmental organisations whose principal objectives relate to opposing/undermining racism and racist activity
Yes.
Qualitative Info
The Documentation and Advisory Centre on Racial Discrimination (Dokumentations- og rådgivningscenteret om racediskrimination) is one example. SOS Racisme (SOS mod racisme) is another.
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Are there examples of anti-racist anti-discrimination organisations' activity having a positive impact on anti-racist policies?
Yes.
Qualitative Info
Some results have been obtained through strategic litigation. E.g. in 2000, the Eastern High Court ruled in favour of a high school girl who had been refused admittance to a work experience program in a shopping mall on account of her wearing a religious headscarf. The court case originated from an NGO against racial discrimination.
See also various cases pertaining to hate speech from the jurisprudence of the CERD Committee.
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Is there a direct participation of anti-racist, anti-discrimination and victim group organisations in consultation and development, promotion, implementation of anti-racist and anti-discrimination law and/or policies?
Yes.
Qualitative Info
Bills are generally sent to the relevant organisations for comments as part of the legislative process.
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Are there NGOs - other civil society organisations supporting victims of discrimination on the grounds of race, ethnic origin and religion in court?
Yes.
Qualitative Info
E.g. the Documentation and Advisory Centre on Racial Discrimination (Dokumentations- og rådgivningscenteret om racediskrimination) has helped a number of victims bringing a claim before the courts. NGOs do not, however, have locus standi in the court procedure, and it is not possible for the organisations to appear amicus curiae before the national courts.
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Has the national government developed policies/programmes aimed at combating racism and related ideologies? Have these policies/programmes been implemented and in whatway?
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Policing - Law Enforcement - Justice
Lack of regulations and procedural guarantees entail that there is a risk of ethnic profiling. Although it may be hard to prove that ethnic profiling takes place, data suggest disparaties e.g. in connection with police stop-and-search.
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Does the training of the police force incorporate anti-racism or cultural sensitivity?
Yes.
Qualitative Info
Yes, according to the police force.
However, in ECRI's third national report on Denmark, § 99, the Committee strongly recommends that the Danish Government provide basic and ongoing training to police officers on issues pertaining to racism and racial discrimination.
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/DNK-CbC-III-2006-18-ENG.pdf
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Are there police professional associations thatpromote and endorse anti-migrant/anti-minority agendas and discourse?
No.
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Policing - law enforcement
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Is there a legal definition / sanctioning of ethnic profiling?
No.
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Policing - law enforcement
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Is there evidence or indication that the police force engages in ethnic profiling?
Yes.
Qualitative Info
According to data from the Copenhagen Police, 50% of the persons subjected to stop-and-search are of non-Danish ethnic origen. Only about 20% of the population in Copenhagen are of non-Danish decent.
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Is there evidence that the immigration services engage in ethnic profiling?
No.
Qualitative Info
No. There is no evidence to this effect; however, this does in no way rule out that ethnic profiling takes place within the immigration services.
In a report made by the Danish Institute for Human Rights, it was pointed out that "identity controls in police district near Danish borders are carried out randomly based on the personal experince of the individual police officer. The risk of ethnic profiling when combating illegal immigration is presumably higher than other working areas of the police since the object of the search is to detect non-Danish citizens crossing the borders illegally".
(Source: Danish Institute for Human Rights: Ethnic profiling in Denmark - legal safeguards within the field of the work of the police (2011).
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Is there evidence of significant disparities between the number of racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities?
No.
Qualitative Info
There is hardly evidence of significant disparities. However, in a report made by the Danish Institute for Human Rights 2011, it is concluded that refusals by the police to register complaints of hate crimes do occur.
External Url http://menneskeret.dk/files/pdf/Publikationer/IMR-Udr-8-Hadforbrydelser.pdf
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Is there evidence that areas containing significant numbers migrants and minorities are policed in different ways than others?
Yes.
Qualitative Info
Stop-and-searches have been conducted primarily in areas with a high percentage of minorities and immigrants.
Groups affected/interested
- Ethnic minorities
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Policing - law enforcement
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Is there evidence of police violence against migrants/minorities in custody?
Yes.
Qualitative Info
In January 2011, a young man of turkish descent died of a heart attack as a result of a struggle with prison officers while he was being held in custody.
According to the hospital's journal, the officers put the young man in the so-called Total Appendage Restraint Position (TARP), during which he lost consciousness and never regained it. The authorities claim that his death was unconnected with the police's use of force and that, instead, he died of so-called exited delirium. This conclusion has been criticised by medical professional as a mere impossibility; moreover, it is only in police custody that people appear to be dying from exited delirium.
Groups affected/interested
- Migrants
- Ethnic minorities
- Majority
Key socio-economic / Institutional Areas
- Policing - law enforcement
External Url http://www.dr.dk/P1/P1Dokumentar/Udsendelser/2011/11/23133348.htm
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Do migrants/minorities face disproportionate problems in accessing justice?
No.
Groups affected/interested
- Ethnic minorities
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Policing - law enforcement
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Is there evidence of differential sentencing?
Yes, in some respects.
Qualitative Info
Ordinary prison sentences are applied to foreigners with short provisional stay in Denmark in pretty crime cases such as theft, whereas suspended sentences are applied in identical cases if the offender is a Danish citizen or a long term resident. This criminal court practice has been confirmed by judge Peter Garde in an article in the Weekly Law Review, UfR 2008 B, p. 76 (Peter Garde: Russerposer og udenlandske spiritusbilister).
See also Peter Garde in NfK 2007, pp. 461 et seq., Equality and inequality in sentencing (Lighed og ulighed i strafudmålingen): "While a recent report indicates that concious discrimination can probably be excluded, such perpetrators are, nevertheless, in some cases sentenced more severely, i.a. because they very seldom plead guilty and thus lose the limited benefit normally caused by the accused's co-operation during the trial".
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Does the training of the police force incorporate anti-racism or cultural sensitivity?
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Employment
The employment rate is higher for both immigrants and minorities groups.
Unequal pay does general not appear to constitute a problem. The trade unions engage in specific activities to support and defend the right of immigrants and further a number of employers have implemented principles of diversity as part of their CSR policies.
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Housing & Segregation
There is general no segregation between immigrants and the majority population; however, in some residence areas up to 80 % of the people belong to ethnic minorities. Even there is a division in how immigrants and ethnic Danes live there is no evidence of a “white flight” is taken place as many other factors may have influence on where people live.
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Is there evidence of significant levels of segregation between migrant groups and the majority population?
No.
Qualitative Info
No, not in general. However, in certain neighbourhoods up to 80% of the residents belong to minority groups.
See other countriesSee indicator history - What is the ethnic origin of the highly segregated migrant group?
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Is there evidence of significant levels of segregation between minority groups and the majority population?
No.
Qualitative Info
No, not in general. However, in certain neighbourhoods up to 80% of the residents belong to minority groups.
See other countriesSee indicator history - What is the ethnic origin of the highly segregated minority group?
- Is there evidence of denial of housing/housing rights for certain ethnic groups?
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Is there evidence of significant levels of segregation between migrant groups and the majority population?
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Education
Immigrants in general have a poorer educational performance than ethnic Danes. However, the second generation of immigrants have a better performance than the first generation immigrants. Yet, the percentage of immigrants and descendants from immigrants without an education is higher than the percentage of ethnic Danes.
It is only mandatory to teach mother tongue language to people from other EU countries. The municipal can choose to offer mother language classes to other people.
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Evidence of school segregation and/or policies of separate/distinct schooling of migrants
Yes.
Qualitative Info
There have been examples of municipalities having placed immigrant children in particular classes on account of their ethnicity (see e.g. the former Complaint Committee for Ethnic Equal Treatment’s statement of 4 February 2005, case 780.3).
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Education
External Url http://www.ligebehandlingsnaevnet.dk/naevnsdatabase/afgoerelse.aspx?aid=477&type=Afgoerelse
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Evidence of school segregation and/or policies of separate/distinct schooling of minorities
Yes.
Qualitative Info
There have been examples of municipalities having placed Roma pupils in a special class on account of their ethnicity (see e.g. the former Complaint Committee for Ethnic Equal Treatment’s decision of 5 December 2005, case 730.7).
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/ romaphobia
Key socio-economic / Institutional Areas
- Education
External Url http://ligebehandlingsnævnet.dk/naevnsdatabase/afgoerelse.aspx?aid=445&type=Afgoerelse
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Evidence of school segregation and/or policies of separate/distinct schooling of migrants
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Health And Social Protection
The morbidity rate for immigrants is higher than the rate for ethnic Danes; however, the mortality rate for immigrants is lower than the rate for ethnic Danes.
There is general no evidence that immigrants women are particular vulnerable in accessing and receiving health care services, although studies suggest that immigrant women tend to use preventive examinations on pregnancy less frequently.
Immigrants are overrepresented in the group of protracted poverty.
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Public Life, Culture, Sport & Media
Both in the media sector and within the sport sector immigrants are present. Within the media ECRI has expressed deep concern about the pervasive atmosphere of intolerance and xenophobia; however, within sport it is general not a problem, even though there have been examples of hate speech in sporting venues.
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Media: Is there a visible presence (or absence) of members of target groups as media professionals?
n/a
Qualitative Info
A number of minority group members are employed in the media sector.
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Media: Frequency and relevance of hate speech incidents in public life (and media) and media representations against migrants and minorities?
ECRI has expressed deep concern about the pervasive atmoshere of intolerence and xenofobia in the media.
Qualitative Info
ECRI has expressed deep concern about the pervasive atmoshere of intolerence and xenofobia. In ECRI's third national report on Denmark, §§ 104, it is stated that the media, together with politicians play a major role in creating this atmoshere.
External Url http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/DNK-CbC-III-2006-18-ENG.pdf
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Sport: Racism, racist violence and hate speech in sporting venues (and reporting and policing thereof)?
No, not a general problem.
Qualitative Info
No, not a general problem. However, there has been examples of hate speech in sporting venues.
Groups affected/interested
- Migrants
- Ethnic minorities
See other countriesSee indicator historyKey socio-economic / Institutional Areas
- Sport
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Sport: Is hate speech ground for sanctions to sport clubs and applied/applicable in practice?
Yes.
Qualitative Info
Sanctions are issued by the Danish Ball Games Association (DBU). DBU has been critized by the Football Players' Association (Spillerforeningen) for applying santions for racism more leniently than prescribed by FIFA.
External Url http://avisen.dk/dbu-straffer-racisme-mildt_94036.aspx
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Media: Is there a visible presence (or absence) of members of target groups as media professionals?
