Denmark: Government wants to protect transgender people with racism clause

The government will add more concepts to the racism clause to better protect transgender people.

It writes Kristeligt Dagblad.

More precisely, the S government proposes to add the concepts of gender identity, gender expression and gender characteristics to section 266 b of the Criminal Code, which is popularly known as the racism section.

A change in the law will mean that hate speech against trans- and intersex people must be punishable in the same way as hate speech against, for example, Jews or homosexuals.

Transgender people are people who identify as a gender other than what they were born as. Intergender means that you are born with a physical variation in relation to your gender - for example if you have both male and female genitals.

SF and the Unity List support the proposal. The Radicals do the same as a starting point, but the party has not yet taken a final position, according to Gender Equality Rapporteur Samira Nawa.

The proposed change splits several of the country's jurists.

Frederik Stjernfelt is a professor of the history of ideas and has written a book on the history of freedom of expression. According to him, the proposal could restrict freedom of expression if adopted.

He points out that it can be difficult to define where the line will go for what one can say. What some would perceive as legitimate critical statements can be interpreted as hateful by others.

- With this change in the law, can one say that trans women are not real biological women? We do not know that case law must show. But these are statements of the kind that risk getting into the danger zone, he says to Kristeligt Dagblad. Read more via Berlingske