Denmark: Law establishing the role of an Ombudsman for Children, 2006

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Executive Order No. 458 of 15 May 2006

Executive Order on a National Council for Children
In pursuance of section 88 of the Act on Legal Protection and Administration in Social Matters (cf. Consolidated Act No. 847 of 8 September 2005) the following provisions shall be laid down:

Foundation of a National Council for Children

1. The Minister for Family and Consumer Affairs shall establish a National Council for Children which shall work towards safeguarding children's rights and focusing on and providing information about the circumstances of children in society. The Council shall be capable of advising authorities on matters affecting children's circumstances and consider children's viewpoints in its work. Moreover, the Council shall assess the conditions under which children in Denmark live in the light of the provisions and intentions set out in the United Nations Convention on the Rights of the Child.

2. The Council shall be independent and interdisciplinary. Jointly, the members shall represent knowledge of a broad spectrum of issues affecting (1) children’s upbringing and development, (2) children’s schooling, 3) children’s cultural and leisure life, (4) children's health, (5) children's legal status and (6) children with special needs.

(2) The Council shall be made up of one chairman and six members. The Minister for Family and Consumer Affairs shall appoint the chairman. Members shall be appointed by the Minister for Family and Consumer Affairs from among candidates nominated by organisations working in the field of children’s affairs (cf. section 3).

(3) The chairman and the other members of the Council shall be appointed for a term of three years commencing on 1 August. These members shall serve until new members are appointed. Members are eligible for one reappointment only.

(4) The National Council for Children shall elect a deputy chairman from among its members. The deputy chairman shall deputise for the Chairman.

(5) In the event of withdrawal of one of the appointed members, the Minister for Family and Consumer Affairs shall appoint a new member from among the most recently-nominated candidates.

(6) The members shall follow the ethical guidelines for members of the National Council for Children laid down by the Minister for Family and Consumer Affairs.

3. Organisations, associations etc. that concern themselves with the family life of children may nominate two candidates for the National Council for Children, in two of the six spheres of competence referred to in section 2 (1).

(2) Candidates nominated must possess detailed knowledge and professional skill in one of the spheres of competence referred to in section 2 (1).

(3) The Ministry of Family and Consumer Affairs shall make the ultimate decision as to which organisations, associations etc. may nominate candidates for the Council.

4. A permanent secretariat shall be attached to the National Council for Children.

The remit of the National Council for Children

5. The National Council for Children shall hold an annual meeting with the organisations and associations that are entitled to nominate members, and with authorities etc. with responsibilities in the field of children’s affairs.
(2) Every year the National Council for Children shall prepare a written report of the activities of the Council, to be distributed to the parties referred to in subsection (1) above.

6. The National Council for Children shall lay down its own rules of procedure. The Minister for Family and Consumer Affairs shall approve these rules of procedure.

7. The National Council for Children shall: (1) assess and identify factors in the development of society in general which may possibly have an adverse impact on children's opportunities to develop; (2) monitor and render visible trends in the family life of children, and moreover identify currents in legislation and administrative practice where children's needs and rights are insufficiently addressed or indeed ignored, or which are inappropriate in terms of ensuring a sound upbringing; (3) disseminate information about children, place topical issues on the agenda for debate and plead the cause of children in public debate; and (4) work to improve children’s opportunities of participating in that debate and influencing the development of society.
(2) The National Council for Children may also take up general issues and request public authorities to account for political decisions and administrative practice relating to such issues.
(3) The National Council for Children is available for consultation in connection with legislative initiatives and other initiatives which are important to children's upbringing.
(4) The National Council for Children cannot take up specific complaints for consideration.

8. The National Council for Children may itself take the initiative and make proposals for alterations in the areas referred to in section 7 (1) and (2) above.

9. The Folketing (the Danish parliament), ministers and national authorities may consult the National Council for Children in all matters of a general nature which are important to the circumstances of children in society, for example in ensuring that children's rights, needs and interests are safeguarded in social planning.

10. The Council may consult experts in its work.

11. Funds for the activities of the Council will be voted in the annual Finance Acts.

Entry into force and transitional provisions

12. This Executive Order shall enter into force on 1 June 2006.

(2) Executive Order No. 2 of 5 January 1998 on a National Council for Children is simultaneously repealed.

(3) In the case of members who have been appointed up to 30 June 2006 when the Executive Order enters into force, this period shall be taken into consideration in respect of appointment at 1 August 2006. The member cannot therefore be appointed to the National Council for Children if the person concerned has already been a member of the Council for two periods.

(4) In the case of members who have been appointed up to 31 December 2008 when the Executive Order enters into force, this period shall not be taken into consideration in respect of appointment at 1 August 2006.

Ministry of Family and Consumer Affairs, 15 May 2006
LARS BARFOED
/ Lisbet Nielsen

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