LGBT+ rights in Denmark

It is not allowed to discriminate against you because of your sexual orientation or gender identity. Nor is hate speech or violent behaviour because of your sexual orientation or gender identity allowed. Actually, a criminal offence is considered more severe if the motive of the crime is the victim’s perceived sexual orientation or gender identity, gender, religion or ethnicity. Then it is a hate crime. This is also the case online on social media like for instance Facebook.

If you have been a victim of violence or discrimination
If you experience a hate crime, then take a stance and document what has happened as accurately as possible. Report it to the police. Seek counselling if you need to know your rights or what to do.

You can get counselling at Offerrådgivningen.

If you witness assaults then do not be afraid: Take a stance and call for help.

If you experience discrimination you can file a complaint with the Board of Equal Treatment. Read more here.

Legal gender recognition
You can change your legal gender without a medical expert statement and without surgery in Denmark.

Marriage
Two persons of the same sex can get married in Denmark. Marriage between two persons of the same sex gives the same rights as a heterosexual marriage. You can get married at the townhall in a non-religious ceremony, or you can marry in the Church of Denmark (Protestant) if at least one of you is a member of the church.

Visit your local municipality’s website to learn how you get married.

Asylum seekers cannot marry in Denmark. But you can apply for exemption at the municipality.

Family reunification
You can be family reunified with your partner, registered partner or spouse no matter your sex or gender identity. There are certain requirements to housing and means of subsistence.

You can also be family reunified with your children under 18 if you live in Denmark, provided that certain requirements are met.

In reality it can be hard to obtain family reunification with a partner. Read more about family reunification at  Nyidanmark.

You can also get counselling from LGBT Asylum concerning LGBT+ family reunification

For general counselling and information contact Danish Refugee Council.

Hormone treatment as an asylum seeker
If you are a trans person you are entitled to free hormone treatment while your asylum case is being processed in Denmark if you were receiving hormone therapy when you came to Denmark.

Read more about being LGBT+ in Denmark at LGBT Denmark.

When you seek asylum in Denmark the most important thing is to tell the authorities everything that is relevant for your asylum case – and that you tell the truth. You can talk to the Danish authorities about the fact that you are LGBT+. It is completely safe.

The most common reason to get a rejection on your asylum case in Denmark is lack of credibility. That means that the Danish authorities believe you are lying. Therefore it is crucial that you tell the truth. No matter what you have previously been advised to do and by whom.

It is very important that you seek independent counselling, like for example at LGBT Asylum, as early as possible in the process. The sooner you seek advice, the more and better help you can get.

Once you have been rejected by the Refugees Appeals Board your case is lost. There is no appeal after that in the Danish system.

Read more about the asylum procedure and get good advice here.

Get advice and answers about seeking asylum in Denmark at Refugees Welcome, independent asylum NGO. You can also read more about seeking asylum at Ny i Danmark, the Danish immigration authorities.

LGBT+ asylum cases in Denmark
As an LGBT+ person you are entitled to protection if you are persecuted because of your sexual orientation or gender identity, and you have the right to live freely and openly as the person you are.

Despite this, it can be really tough to get asylum in Denmark because of your sexual orientation or gender identity.

The Danish authorities will state if they believe you are individually persecuted and also evaluate whether they think that the conditions for LGBT+ persons are so dangerous by Danish standards that you cannot live there.

This means that many LGBT+ persons get rejected, either because the Danish authorities do not believe that you are individually persecuted or because the Danish authorities think that a life as an LGBT+ person is possible in the country you come from.

You can find all decisions from the Refugees Appeals Board on their webpage. 

LGBT Asylum has made a report on LGBT+ persons’ experiences in the asylum system. You can read it here.

LGBT+ in the asylum centres
Many LGBT+ persons experience that they are lonely and isolated in the asylum centre, and they are afraid that they will be harassed and subject to assaults. Most choose to live ‘in the closet.’

As an LGBT+ person you have the right to live freely and openly as the person you are. Asking you to be discreet is not allowed and constitutes a denial of your human rights.

LGBT Asylum cooperates with the Danish immigration authorities, The Red Cross and other actors in accommodation about making the conditions better for LGBT+ persons at the asylum centres.

If you know somebody who is LGBT+, or you identify thus yourself and need counselling or advice about accommodation, then contact LGBT Asylum.

LGBT Asylum has made a survey on LGBT+ persons’ experiences in the asylum centres. You can read it here. The report is in Danish.