|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
The Act on Prohibition of unequal treatment in the Labour Market (1996) provides protection on grounds of sexual orientation. Gender identity is not mentioned, but the Act of the Board of Equal Treatment covers the ground of gender and has dealt with discrimination cases related to gender identity. Although the act is applicable only in regard to employment, there is a case law on access to education and non-discrimination at a higher education facility which has been interpreted to also cover sexual orientation as a ground of discrimination.
Denmark developed the Action Plan for Preventing and tackling bullying in schools which states that the government wants all children and young people to have a safe childhood without bullying, giving specific recommendations for teachers. The action plan mentions sexual orientation and gender identity as possible grounds of discrimination.
Currently, the Ministry of Education has, together with a number of professional organisations, drawn up a joint action plan against bullying. Likewise, a legislative amendment has been implemented which obliges the school board of all schools to set an anti-mob strategy, including against digital bullying. A complaint facility has also been introduced to the Center for Educational Environment if the school board or municipality does not comply with the teaching environment law in relation to bullying.
The education laws in Denmark rarely focus on the curriculum, but rather on learning goals and objectives that schools and teachers thereafter can choose curricula to meet. The subject of health, sexual health, and family, however, is to be taught within the frame of other subjects (i.e. biology, language, English, etc.). There is no national overview, but national guidelines set body-diversity, sexual diversity, and romantic diversity as relevant topics. It is up to the schools and the teachers to decide whether they want to emphasise this information or not.
To become a secondary school teacher in Denmark, education professionals need a master’s degree (or the Danish equivalent). There is not a national training curriculum for teachers. Each teacher training school develops its own. According to the government, students of teacher training education will be offered courses regarding health and sexuality and family education. Teacher training will include knowledge on diversity in relation to gender roles, body image, and sexuality.
Furthermore, in the Danish system, staff are typically within two categories: teachers and pedagogues (usually also translated as social workers, child caretakers, nursery teachers and so forth). They have specific and different roles in schools and their education is different. Pedagogues have the possibility to take a subject of gender and diversity. The online resources for the subject of health, sexual health, and family talks of diversity to some degree.
In 2014, there was a Motion to amend the Act on the Civil Registration System, granting a new social security number to people who would ask a gender marker change. According to this motion, there are no medical or psychological requirements to enter this procedure. The Danish government however establishes a reflexion period of 6 months from the application data and applicants need to be 18-year-old at the time of the submission of the application.
ILGA-Europe reports that “LGBT Denmark was contacted by several students who had their request for reissued documents (after their legal change of gender) refused by their educational institutions. The NGO complained to the Minister of Children, Education and Gender Equality as well as Minister of Higher Education and Science”. In October, the Minister of Education wrote to LGBT Denmark to say that both ministries would require institutions to issue new documents, and that they would address administrative policies in this area.
National data on the well-being of students is collected by the government , but this data contains no concrete information about the well-being of LGBTQI learners.
However, as a follow-up to Ministerial Call for Action onInclusive and equitable education for all learners in an environment free from discrimination and violence, a feasibility study will be carried out to reveal how LGBTI students’ well-being in primary and secondary education could be measured and monitored through validated data. The feasibility study must reveal how this can be done in an ethically and legally sound manner. The preliminary study will thus be prepared with the involvement of the Data Inspectorate and the National Board of Health and, in addition to legal assessments, will include desk research and interviews with persons, experts and organisations working on LGBTQI issues. Based on the study, the Centre for Educational Environment will summarise the most important recommendations and attention points in a report for publication in middle of 2018.
The government provides no specific support systems for LGBTQI learners or their families. However, the Danish government has announced an application fund (approximately 1 million euros) targeted NGOs and voluntary organisations with the purpose to increase the well-being through counselling and network initiatives for LGBTI people, especially for young LGBTI people around the country, and combating prejudice against LGBTI people in schools, youth educations, clubs, associations, etc.
There is no specific information or guidelines for LGBTQI learners or guidance for the education sector on how to address bullying and harassment against LGBTQI students.
The municipalities of Copenhagen and Aarhus provide financial support to the project “Normstormerne” which offers norm critical LGBTQI+ courses to schools and higher institutions of learning.
– Denmark has signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Denmark is member of the European Governmental LGBTI Focal Points Network.