A close look at Denmark Guidelines 2025 boosting gender equality

On 4-7-2025, the Government of Denmark notified the ‘Guidance on the possibilities of derogating from the principle of equal treatment between women and men’ to reinforce its principles on gender equality and combating discrimination. These Guidelines outlines the nuanced framework Denmark is grounded to balance the principle of equal treatment with the need for targeted gender equality initiatives, especially under its Equality Act and Equal Treatment Act.

Key Points of Guidelines on equality between women and men:

1. Denmark’s Ministry of the Environment and Gender Equality introduced these legal guidelines aimed at advancing equality between women and men, which emphasize equal integration, influence, and opportunity across all sectors of society, and are based on ministerial orders issued as under:
   • The Act on Equal Treatment of Men and Women in Employment (2024), and
   • The Act on Equality of Women and Men (2025).
2. This The Danish framework is fully aligned with key European Union directives that promote equality between women and men, including:
   • Directive 2006/54/EC on equal treatment in employment
   • Directive 2004/113/EC on equal access to goods/services
   • Directive 2019/1158/EU on work-life balance
3. The guidelines provide public and private entities the ability to independently launch short-term experimental or development initiatives, especially in areas where one gender makes up 25% or less of participants. These initiatives require no ministerial approval, provided they do not involve preferential treatment in recruitment, admission, or selection.
4. Under Section 3(1) of the Equality Act, a minister may authorize measures to counter gender discrimination within their jurisdiction. Similarly, Section 13(2) of the Equal Treatment Act empowers responsible ministers to permit derogations from standard provisions when needed to address documented inequalities in employment, education, or career access. These measures must be evidence-based, transparently justified, and formally reported to the Minister for Gender Equality.
5. If an application for ministerial authorization is denied, there will be no statutory right of appeal to the Board of Equal Treatment.
6. The guidelines permit the creation of gender-specific courses, up to six months, that aim to promote equal access to employment, education, or management roles. Such training must be time-limited and tied to efforts that foster equality between women and men.
7. Any derogation from equal treatment will be interpreted narrowly to prevent misuse and ensure that such exceptions are based on legitimate, necessary, and proportionate reasons and not convenience or preference.
8. Section 4 of the Executive Order allows employers and institutions to encourage applications from the underrepresented gender in any field, provided the wording clearly states that no preferential treatment will be given and all individuals retain equal eligibility to apply. Any violations can result in fines and oversight under the Equal Treatment Act and the Media Liability Act.
9. Gender-specific sports classes are permitted when they are organized by public authorities or private associations, if their purpose is to promote equal access and participation. These classes will not limit overall access to facilities, and areas not used during the sessions must remain open to all genders. Private companies are not allowed to offer gender-segregated sports activities under this rule.
10. Under Section 3a of the Equality Act, services or goods provided exclusively to one sex are only allowed if justified by a legitimate aim justified by reasonable, necessary, and proportionate reasons. Charging different prices or denying access based purely on gender is not permitted unless strictly required to meet these legitimate objectives.
11. Roles that demand a specific gender will be exempt from equal treatment obligations. These exemptions are regulated under Section 13(1) of the Equal Treatment Act and supported by Executive Order No. 115 (2024) for religious organizations.
12. Since January 2022, the Equality Act explicitly prohibits discrimination based on sexual orientation, gender identity, gender expression, and sex characteristics. While the law does not mandate structural changes, it expects reasonable accommodation to be made when needed.
13. Additionally, time-bound, objectively justified measures to support LGBT+ individuals will be undertaken to promote inclusive equality.
14. If someone launches a gender-focused program without getting official approval, it may be considered unlawful under Denmark’s Equality and Equal Treatment Acts. The same will apply to biased job ads or limiting access to public services based on gender. Those responsible will have to charged with penalties or compensation. Media editor will also be held accountable for publishing any such sexist content.
15. In several cases, the European Court of Justice has clarified that when a positive action for gender equality is lawful. The Court agrees that measures supporting equality between women and men can be permitted if:
    • They are not automatic
    • They include objective assessments

    • They don’t unfairly exclude qualified candidates of the opposite sex