Women and Justice: Court: Denmark Supreme Court

Domestic Case Law

Case No. 128/2011 Denmark Supreme Court (2012)


Domestic and intimate partner violence

The defendant was found guilty of acts of violence toward his sons, which included physical abuse and constituted a continued offense because the violence involved a number of uniform and continuous acts over a period of ten (10) years. Additionally, he was found guilty of threatening his wife with abuse and death. Prior to these offenses, the defendant had no criminal record. Initially, the High Court found the defendant guilty of acts of violence and abuse against his children and wife and sentenced to one year and three months of imprisonment. Subsequently, the Supreme Court reversed the High Court’s determinations that the defendant did not commit any abuse and the acts of violence did not constitute a continued offense as well as increased the length of the defendant’s imprisonment from ten (10) months to one year and three months.



Case No. 48/2010 Denmark Supreme Court (2012)


Employment discrimination

The plaintiff was employed as a social and health care assistant, but was dismissed from her job after approximately one month due to excessive sickness absence. At the time she was dismissed, the employee was pregnant and submitted a claim to her former employee requesting compensation corresponding to six months’ pay because her dismissal violated the Danish Act on Equal Treatment of Men and Women. The Supreme Court agreed and held that the former employee should be awarded her six months’ pay and further found that the right not to be dismissed due to pregnancy-related absence covers situations where an employer was neither aware nor should have been aware of the pregnancy at the time of the dismissal.