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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Denmark - 11th Session - 2001 Scroll to: 7. Denmark has acceded to the following UN human rights conventions: the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child; the Convention to Eliminate All Forms of Discrimination against Women; and the Convention on the Rights of Persons with Disabilities. Denmark is also preparing ratification of the International Convention for the Protection of All Persons from Enforced Disappearance. Denmark has acceded to all protocols to these conventions, except for the protocol to the International Covenant on Economic, Social and Cultural Rights and the protocol to the Convention on the Rights of Persons with Disabilities. Denmark has not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 38. As a starting point, asylum-seekers should be accommodated in an asylum centre. In special circumstances, however, permission may be granted for private accommodation with or without financial support or annexe accommodation and accommodation in a separate residence outside of the asylum centre. Under certain conditions and after a concrete assessment families with children that have special needs may thus be offered accommodation in a separate residence outside of the asylum centre, provided that this is in the best interest of the family, and particularly the children. 39. The Immigration Service is responsible for providing for asylum-seekers. This responsibility covers accommodation at an asylum centre, necessary social measures, the right to transport to and from appointments with e.g. authorities or hospitals, as well as access to necessary medical treatment. All asylum-seekers are given a medical check-up when they arrive at a reception centre in order to identify any physical or mental problems. On this basis, the extent of the health services provided to the asylum-seekers may vary, so that groups with special needs, such as asylum-seekers who are suicidal or have been subjected to torture, are given extra consideration. In practice children of asylum-seekers have access to the same medical treatment as resident children. 40. The Immigration Service's duty to provide also encompasses paying cash benefits to asylum-seekers to cover the costs of food, clothes and spending money. Finally, adult asylum-seekers, including those whose application has been rejected, have access to education and stimulating activities, just as young asylum-seekers under certain conditions may be permitted to follow a youth education programme, e.g. at a nearby upper secondary school. The children of asylum-seekers attend lessons in the accommodation system, the content and scope of which correspond to the teaching which resident bilingual children receive in the Danish school system. Children of asylum-seekers can also, under certain conditions, be permitted to attend teaching at a nearby school. 41. Unaccompanied alien minors are a particularly vulnerable group, and special guidelines on how to process their applications have therefore been drawn up. The applications of unaccompanied minors must be processed quickly, and the minors must be accommodated in special centres staffed by personnel who have received special training. Every unaccompanied minor is assigned a personal representative who is to look after the minor's interests. 42. Denmark is one of the countries experiencing a dramatic rise in the number of unaccompanied minors entering the country, of which many seek asylum. To deal with this development, an amendment to the Aliens Act, constituting a general revision of the policy, came into force on 1 January 2011. The main points of the bill include the establishment of reception and care centres in the country of origin of the unaccompanied children with a view to ensuring a safe return for these children. The scheme is expected to ensure that the reception and care centres are of a reasonable and sound standard, and that there is access to re-integration facilities. For such centres to be considered of a reasonable and sound standard, it is a condition that persons staying there will be safe. These centres will be supervised. 43. A range of measures have been introduced to improve the conditions at the asylum centres. In the summer of 2006, as an extraordinary measure, extra funds were allocated to the accommodation area in order to improve the conditions at the country's asylum centres (conditional resources), particularly for families, children and youth. 48. The overall purpose of the Act on Social Services is to provide support to children and youth with special needs and give them the best possible conditions of upbringing so that they may have the same opportunities as their peers. Each municipality is obliged to ensure that children in need of special support receive the help they require – such as support in the home, psychological treatment, a contact person, placement outside the home, etc. In all cases of special support for children and youth, the child or young person's views must be taken into consideration according to their age and maturity. The child must be consulted before any decisions are made as to what type of assistance the child should receive. With regard to vulnerable children and youth assuring early and preventive action is a challenge. 49. Acting in the best interest of the child is also the fundamental principle in the Danish authorities' handling of family law cases concerning children. According to the Parental Responsibility Act of 2007, parents have a shared responsibility for the child. All decisions on parental responsibility etc. must be made on the basis of what is best for the child. The child must therefore be involved and its perspective examined, for example by means of a report by a children's expert. 50. Since 2002 Denmark has had national action plans targeted at the effort to fight human trafficking. The first plan focused on the trade in women for prostitution, a new plan focused on children and most recently, in 2007, an action plan targeted at men, women and children was adopted. Women sold into prostitution remain the largest group identified as victims of human trafficking in Denmark. 51. With a view to implementing the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, a provision to the Criminal Code was added in 2002 criminalising human trafficking and setting a prison term of up to eight years if convicted. 55. The Government focuses on combating violence in intimate relations. It is estimated that around 28,000 women and almost 9,000 men are affected by intimate partner violence each year, and that around 21,000 children live in families where violence is a reality. 56. Since 2002 the Government has made a comprehensive effort – with three action plans – to combat violence in intimate relations. Studies suggest that this effort has paid off. According to the statistics, fewer women have been affected by violence since 2000 and fewer children now grow up in families where violence in intimate relations takes place. 70. In 2008 Folketinget adopted another amendment with the aim of restricting the number of people held in custody for extended periods of time. Inter alia, limits have been introduced for the duration of custody, and these can only be exceeded in particular or – for young people under the age of 18 – exceptional circumstances. A provisional report for 2009 shows that the number of cases of extended custody has increased compared to 2008, while the total average length of this type of custody is considerably lower in 2009 than in previous years. The figures will now be analysed and it will then be decided whether new measures in the area are required. 71. As of 1 July 2010 the age of criminal responsibility in Denmark was lowered from 15 to 14 as part of a comprehensive plan, inter alia, in the area of social policy on a strengthened effort aimed at youth crime. The lowering of the age of criminal responsibility was criticised in the domestic debate, as it was claimed, inter alia, that it did not comply with recommendations from the UN Committee on the Rights of the Child. Critics have particularly referred to the Committee's general recommendation that countries with a criminal age of responsibility lower than 12 should raise it to 12 and continue to raise the level. The Committee, however, has also encouraged countries to apply a level of e.g. 14 or 16 years. 72. As a rule of thumb, young people under the age of 18 who are kept in custody should not be held in a local prison, but in a secure institution for young people. They should, as a rule of thumb, only be held in a local prison if the crime is very serious. However, due to a lack space, some of the young people in custody are held in local prisons until a place at a secure institution becomes available. With a view to ensuring that in the future young people under the age of 18 are not held in a local prison due to a lack of space, funds have been allocated to provide extra places at secure institutions. 92. A relatively large proportion of primary and lower secondary school pupils do not have sufficient language skills to complete a youth education programme; a high drop-out rate for these programmes is one consequence of this. A national "Bilingual Taskforce" has been appointed and initiatives have been put in place with a view to getting 95 pct. of the year groups enrolled in youth education programmes to complete their programme. 112. In May 2010, the Government launched the programme "Safe Childhood 2010" as a first step to improve the living conditions of children in Greenland. A comprehensive strategy, aimed at improving the lives of children and youth, is under preparation. The Children and Youth Strategy outline adopted in June 2010 is based on the UN Convention on the Rights of the Child (CRC) and links a number of concrete measures and future activities to specific provisions of the CRC. 113. In August 2010 the Government furthermore entered into a cooperation agreement with UNICEF aimed at promoting the best possible upbringing for children in Greenland. This initiative includes a nationwide campaign to promote a change of attitude and a review of existing legislation on children aimed at further strengthening the rights of children and youth. 114. In 2010, Parliament unanimously decided to pass legislation providing for the establishment of a children's council and a children's spokesperson, which include the Documentation Centre on Children & Youth (MIPI). 119. In 2010, Parliament approved a report on the status of psychiatric treatment focusing on the needs of children, youth and the elderly as well as psychiatric patients that have committed crimes, psychiatric patients with substance abuse, and violent patients. Among the key recommendations were a call for a modernization of the law on psychiatry and the need for a new law on the rights of mentally ill patients. 120. In November 2010, the Danish Government and the Government of Greenland agreed on devising a historical report on the legal status of children born out of wedlock before the entering into force of the Law for Greenland on children. The report, which will include a description of the considerations behind the maintaining of the legal status and its modification in 1963/1974, will be devised by three scientists with legal and historical qualifications and is expected to be finished by June 2011. Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 8. In 2006, the Committee on the Rights of the Child (CRC) welcomed the adoption of the amendment to the Criminal Code by Act No. 380, which introduced a new provision on trafficking in human beings; and the 2005 appendix to the Action Plan to Combat Trafficking in Women to protect and support children who have been trafficked to Denmark. 17. CRC welcomed the establishment of a special investigation unit for criminal offences committed on the Internet, including child pornography, by the Office of the National Commissioner of Police. 24. CRC joined concerns raised by CESCR and CERD and recommended that Denmark intensify its efforts to prevent and eliminate all forms of de facto discrimination against all children. 25. CRC recommended that Denmark take all necessary measures to ensure that the needs of children with disabilities are fully taken into account in the policies of all municipalities; to ensure that equal access to services is provided to them; and provide them with equal educational opportunities. 43. CRC recommended that Denmark: strengthen its efforts to prevent commercial sexual exploitation of children, including through the development of a national plan of action on commercial sexual exploitation of children; criminalize the distribution of erotic images involving children; strengthen measures aimed at the recovery and reintegration of victims; and train law enforcement officials, social workers and prosecutors. 46. CRC welcomed the 2004 changes in the Administration of Juvenile Act, and recommended that Denmark, inter alia, review as a matter of priority the current practice of solitary confinement, take measures to abolish the practice of imprisoning or confining in institutions persons under 18 who display difficult behaviour; and fully implement the rules for children under 15 in conflict with the law and ensure that they are not deprived of their liberty without due process. 47. CRC recommended that Denmark increase its efforts to combat the worrying phenomenon of child sex tourism, including by consistently prosecuting offenders for the crimes committed abroad upon return.71 CRC noted with appreciation that Denmark abolished the requirement of "dual criminality" regarding sexual offences against children on 2 June 2006. 48. CRC also noted with interest that a witness-protection programme had been developed and recommended that children who cannot be guaranteed witness protection upon repatriation be guaranteed permission to reside in Denmark and receive protection. 52. CRC remained concerned at the legislative reform that reduces the age limit of a child eligible for family reunification from 18 to 15 years. It recommended that Denmark take measures to ensure that family reunification procedures comply with the Convention. 63. In 2005, CRC recommended that Denmark ensure that the needs of all children are met, and that it take all necessary measures to ensure that children, in particular those from socially disadvantaged families and of non-Danish ethnic origin, do not live in poverty. 64. CRC encouraged Denmark to continue and strengthen the development of mental health care so as to ensure that adequate treatment/care is provided to all children and young people in order to avoid their placement in adult psychiatric centres. It further recommended that Denmark strengthen its measure to prevent suicide among adolescents, particularly in Greenland. 66. CERD noted that mother tongue teaching was only offered to children from European Union, European Economic Area countries and those from Faroe Islands and Greenland. It recommended that Denmark take appropriate measures to assess whether people of other ethnic groups require mother tongue teaching so that this is extended to their children. 67. CRC recommended that Denmark take the necessary measures to ensure that all children have access to primary and secondary education; and strengthen efforts to bridge the racial disparity in education. 73. UNHCR indicated that amendments to the Aliens Act restricting the granting of residence permits for unaccompanied and separated children are under consideration by Parliament. One of these amendments suggests that the temporary residence permit for unaccompanied minors and separated children will be withdrawn when the child turns 18 years of age, unless exceptional conditions apply. 74. UNHCR is concerned about the further tightening of the Aliens Act for a vulnerable group of minors, who are not found to be sufficiently mature to have their protection needs assessed, upon arrival to the country. The limitation of the residence permit up to the age of 18 is likely to impact negatively on the development and well-being of the child. UNHCR recommended Denmark to revise the proposed amendments to the Danish Aliens' Act with respect to unaccompanied children seeking asylum, and that a number of safeguards recognizing additional protection and assistance needs of children be applied. 83. CRC welcomed Denmark's continued commitment to official development assistance. 85. UNHCR highlighted the high standards of the Danish reception centres for unaccompanied children seeking asylum in Denmark. 4. ECPAT International (ECPAT) reported that Greenland and Faroe Islands were not yet bound by the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography and to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. ECPAT recommended Denmark to extend the applicability of these Protocols to these territories. 10. ECPAT highlighted the establishment of the Danish National Council for Children in 2006, which acted as focal point for the protection of children. 35. ECPAT mentioned that, in 2007, Denmark established the Centre against Human Trafficking to coordinate and implement initiatives to counter human trafficking, including child trafficking. ECPAT also reported that Denmark was part of regional and European networks to combat trafficking in children. 36. ECPAT reported that Denmark had adopted a multi-stakeholder approach to combat child trafficking; nonetheless, the level of cooperation between governmental bodies and civil society could be developed in a more systematic way. 38. ECPAT recommended that Denmark provide foreign children who had been victim of trafficking the possibility of access long term medical, psychological, financial and legal assistance before repatriation. 39. ECPAT reported that Denmark adopted in 2003 an Action Plan for the Prevention of Sexual Abuse of Children (APPSAC), which was still ongoing, and a National Action Plan to Combat Trafficking in Human Beings 2007-2010, which included the protection of children against trafficking. 40. ECPAT reported that APPSAC and follow up initiatives did not have a specific focus on commercial sexual exploitation of children and did not provide indications on what measures would be taken against Danish citizens who abused children abroad. ECPAT also mentioned that there was no specific body in charge of coordinating and monitoring specifically all initiatives aiming at combating commercial sexual exploitation of children. However, ECPAT mentioned the two-year Project against Child Sex Tourism adopted by various stakeholders in 2008. 41. ECPAT noted that the Penal Code did not define prostitution clearly and referred instead to "sexual immorality". It criminalized both exploitation and facilitation of child prostitution but was not child-centered and did not indicate any provision for the rehabilitation or compensation for child victims of prostitution.73 ECPAT recommended that Denmark ensure that children victims of sexual exploitation have access to adequate services for their recovery and social reintegration. More generally, on prostitution, WCD recommended that Denmark prohibit the buying of sexual services. 42. ECPAT acknowledged the existence of three knowledge centers for professionals dealing with child sexual exploitation. ECPAT recommended that Denmark provide training and resource material on every aspect of commercial sexual exploitation of children to professionals working with children victims of sexual exploitation or who are at risk of being sexually exploited. 43. Moreover, ECPAT noted that the domestic law on Criminal Records Disclosures required that all persons working directly with children under 15 had to provide a criminal record regarding sexual crimes against children, but only new employees and volunteers were asked to present criminal records. 44. JS3 reported about the decrease of the minimum age of criminal responsibility from 15 to 14 years as well as the increase of the maximum lengths of sentences of persons below 18 years through a law adopted in 2010. Due to the lack of space in secured residential centres, where children sentenced to imprisonment should be placed, the number of juvenile offenders placed in the normal prison system increased. JS3 recommended that the minimum age for criminal responsibility of 15 years of age and the maximum length of imprisonment of 8 years for persons under 18 years of age be reintroduced. It also recommended that children were not to be placed in prisons. 46. JS3 referred to the situation of children with disabilities placed in institutions and recommended that Denmark amend its legislation to ensure that families can get the necessary support at home in order to maintain a valuable contact with their children living in institutions. 47. CUR reported that children of non-Danish citizens born in Denmark must apply for citizenship when reaching the age of eighteen years. 48. JS4 reported that if a foreign woman gives birth to a child in Denmark, then if her partner was a Danish man the child gets Danish citizenship, but not if her partner was a Danish woman. JS4 recommended that Denmark amend the Children's Act to reflect the diversity of families and thus to ensure equal rights to all children. 51. JS3 and CoE Commissioner also recommended that the maximum age for family reunification of children be increased to 18 years. As of today, non-Danish children between 15 and 18 do not have a statutory right to family reunification with their parents living in Denmark. 62. JS3 reported that more than 5 per cent of children lived in poverty and recommended that a mechanism to measure poverty levels be developed, and reduced social benefits that contribute to poverty be removed. 64. JS3 reported that only children of European Union or European Economic Area citizens were entitled to mother-tongue instruction, and recommended that mother-tongue education be reintroduced for the about 65,000 bilingual pupils who did not receive municipally organised mother-tongue teaching. 65. GPA expressed concerns at the fact that children in schools for asylum seekers get a clearly poorer education than Danish children, with no access to final examinations. JS3 recommended that Denmark recognize the right to education to undocumented children. 66. In light of the lack of adequate services for the education of children with disabilities, JS3 recommended to provide mandatory in-service training related to inclusive education and eventually revise curriculum related to inclusive education in teachers' basic education. 72. JS3 also reported that, since the 2010 amendments to the Aliens Act, a residence permit for a child could be repealed if the child stayed 3 months outside the country. JS3 recommended that no children raised in Denmark should risk losing their residence permit if sent out of the country by their parents. 76. JS3 also reported on the situation of children of asylum seekers. JS3 recommended that all children in asylum-seeking families reside outside asylum centres; consideration should be granted to the right of the child to his/her own private life and development when forced return was considered, and to the children's right to be heard should be guaranteed. JS3 reported on a proposed legislation aimed at reducing the special protection rights of separated children and recommended that the best interests of the child be the guiding principle in cases involving separated children. 81. JS2 described the situation of "fatherless children", persons born out of wedlock before and after the entry into force, in 1974, of the law for Greenland on the legal status of children.146 JS2 stated that this maintained in Greenland a discriminatory distinction between children born in and out of wedlock under two laws for Denmark of 1937 (the Legitimacy Act and the Illegitimacy Act), which were abolished for Denmark in 1960. JS2 considered that no appropriate and effective remedies had been made available to the "fatherless children" neither in respect of their personal identity nor in respect of inheritance rights. Accepted and Rejected Recommendations The following recommendations were accepted: A - 106.1. Extend the applicability of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children to Greenland and to the Faroe Islands (Hungary); A - 106.24. Greenland and Faroe Islands to ratify the following international instruments: Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and ensure their application (Ecuador); A - 106.83. Continue its efforts to combat domestic violence, especially against vulnerable groups such as women and children (Republic of Korea); A - 106.86. Establish specific mechanisms and formulate specific programmes geared to addressing the issue of violence against women and children, including by harmonizing national legislation with international human rights standards (Indonesia); A - 106.90. Take necessary measures to combat child prostitution and ensure that those children have access to adequate services for their recovery and social reintegration (Indonesia); A - 106.91. Prevent commercial sexual exploitation of children and ensure additional protective measures for all victims of trafficking (Azerbaijan); A - 106.92. Take more effective measures to prevent sexual exploitation of children, including through criminalizing the production and distribution of pornographic or erotic images including children, and prosecute Danish citizens who abused children abroad (Malaysia); A - 106.93. Adopt all necessary measures to combat the phenomenon of child sex tourism, including by consistently prosecuting offenders on their return for the crimes committed abroad (Greece); A - 106.94. Strengthen the capacity of the criminal police to deal with crimes related to child pornography on the Internet and to inform children and their parents about the safe use of the Internet (Islamic Republic of Iran); A - 106.95. Develop a more systematic approach to cooperation between governmental bodies and civil society to combat child trafficking (Australia); A - 106.99. In light of the 1 July 2010 amendments to Danish legislation reducing the age for criminal responsibility to 14, bring it into line with the recommendations of the Committee on the Rights of the Child (Kyrgyzstan); A - 106.105. Ensure that contested children in a marital dispute have the possibility of maintaining effective contact with the foreign parent living abroad (Italy); A - 106.106. Take effective measures to strengthen the institution of family, including awareness- raising activities which should focus on raising awareness in society, especially of young people, on the traditional understanding of family and its social significance (Belarus); A - 106.111. Give equal recognition to the right of undocumented children to education (Honduras); A - 106.112. Address in particular high school dropout among students belonging to ethnic minorities (Slovakia); A - 106.116. Allow for family reunification for children in as many cases as possible and ensure that Danish jurisprudence on family reunification is in accordance with its human rights obligations (Greece); A - 106.119. Part Two: ensure that the necessary protection and assistance is provided to them (Poland); The following were rejected: R - 106.2. Withdraw its reservations to the Convention on the Rights of the Child and its Protocols (Brazil); R - 106.38. Establish an independent body to promote and protect the rights of the child and to monitor the implementation of the Convention on the Rights of the Child (India); R - 106.39. Consider establishing an independent body or organ charged with monitoring the implementation of the provisions of the Convention on the Rights of the Child (Poland); R - 106.40. Consider the establishment of a children's Ombudsman (Norway); R - 106.41. Consider the creation of a separate institution of Ombudsman for children's rights, as previously recommended by the Committee on the Rights of the Child and the Danish National Council for Children (Kyrgyzstan); R - 106.66. Intensify efforts to eliminate all forms of practical discrimination against children (Palestine); R - 106.100. Prohibit incarceration of minors together with adults, as well as solitary confinement of minors (Belgium); R – 106.119. Part One: Revise the proposed amendments to the Danish Aliens Act with respect to unaccompanied children seeking asylum and (Poland); R - 106.130. Implement the legal provisions and, where necessary, adopt legal reforms to guarantee family reunification of foreigners who have settled in Denmark, particularly family members of refugees, in accordance with the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as well as the 1954 Convention Relating to the status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness (Ecuador); No recommendations were pending.
2 May, 3pm to 6pm
National Report
UN Compilation
Stakeholder Information
Accepted and rejected recommendations