Gender Equality Law in Transition: Sexual Harassment as Discrimination

For the purpose of directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), discrimination includes sexual harassment. Sexual harassment is analysed in this article in combination with the principle of protection of human dignity due to article 1 of the EU Charter of fundamental rights. Furthermore, the article addresses the Danish case law in both a discrimination law and a human dignity perspective and shows that the Danish courts and judicial boards to some extent apply additional criteria when assessing whether or not a conduct falls within the definition of sexual harassment or not.