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“Sexual harassment exists when any unwanted verbal, non-verbal or physical conduct is exhibited with sexual undertones for the purpose or effect of violating a person’s dignity, in particular by creating a threatening, hostile, degrading, humiliating or unpleasant climate.”

Source: The Equal Treatment Act, §1, subsection 6.

Section 1(6) of the Equal Treatment Act and Section 2a (3) of the Gender Equality Act state:

"Sexual harassment exists when any unwanted verbal, non-verbal or physical behaviour with sexual undertones is exhibited for the purpose or effect of violating a person's dignity, in particular by creating a threatening, hostile, degrading, humiliating or unpleasant climate.”

Sexual harassment is illegal and is processed based on different laws, depending on its nature and the situation:

  • The Equal Treatment Act: sexual harassment in the labour market.

  • The Gender Equality Act: sexual harassment in the rest of society.

  • The Working Environment Act: The Danish Working Environment Authority supervises the area in cases where the workplace does not have a collective agreement covering this area.

  • The Penal Code: sexual harassment of a particularly serious nature, which in some cases is equated with an offence against decency or rape. Cases like these should be reported to the police.

Citations & References:

https://nikk.no/wp-content/uploads/2019/11/2018-What-does-law-say-metoo.pdf

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https://denmark.dk/society-and-business/human-rights

https://www.azets.dk/news/sexual-harassment/

Assessment of Reports made by Kingdom of Denmark, third party institutions and extra territorial agencies

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