Governing Religion and Gender in Anti-Discrimination Laws in Norway and Denmark

Abstract

This article examines the decisions on religious and gender discrimination handed down by two quasi-judicial monitoring bodies in Denmark and Norway, mapping similarities and differences between the two bodies. While the monitoring bodies tend to arrive at similar results, their modes of reasoning and understanding of what constitutes ‘religion’ for legal purposes differ considerably. Looking in particular at the decisions on religious headgear and handshaking, the article suggests that these differences may be due to a range of different factors, from the legal framework on anti-discrimination in the two countries, to the staffing of the monitoring bodies, and the financial support available for their work.