DENMARK: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

Scroll to:

• UN Human Rights Committee
  - follow-up
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
  - follow-up
• UN Committee on the Elimination of Discrimination against Women
• UN Committee on the Elimination of Racial Discrimination
  - follow-up
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

(CCPR/C/DKN/6)

Concluding Observations adopted: 7 July 2016

Positive legislative changes: The Committee welcomes the ratification of, or accession to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 7 October 2015 (para 4).

Solitary confinement: While noting efforts to reduce recourse to solitary confinement during pre-trial detention, including the amendments to the Administration of Justice Act by the Act No. 1561 of 20 December 2006, the Committee is concerned at the possible placement of remand detainees in solitary confinement for up to eight weeks for adults if the charges can lead to imprisonment for more than 6 years, and four weeks for minors. The Committee is also concerned at the use of solitary confinement as a disciplinary measure for convicts, which may be enforced for a continued period of up to 28 days (para 23).

The State party should bring its legislation and practice on solitary confinement in line with international standards as reflected in the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), by abolishing solitary confinement of minors and reducing the total   length of permissible solitary confinement for remand detainees even if it is used as a measure of last resort. The State party should regularly evaluate the effects of solitary confinement in order to continue to reduce it and to develop alternative measures where necessary (para 24).

(CCPR/C/DNK/CO/5)

Last reported: 13 and 14 October 2008
Concluding Observations adopted: 28 October 2008

Juvenile justice. The Committee expresses concern about the use of long-term solitary confinement during pretrial detention including for under-18s. The State party should review its legislation and practice in relation to solitary confinement during pretrial detention to ensure that such a measure is used only in exceptional circumstances and for a limited period of time. (Paragraph 11)

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UN Human Rights Committee: Follow-up

The Committee requested follow-up to its Concluding Observations on Paragraph 11:

"The Committee remains concerned at the use of long-term solitary confinement during pretrial detention, and in particular at the possibility of unlimited prolongation of such a measure with regard to persons charged with a crime under parts 12 and 13 of the Criminal Code, including persons under 18 years of age (arts. 7, 9 and 10).

The State party should review its legislation and practice in relation to solitary confinement during pretrial detention, with a view to ensuring that such a measure is used only in exceptional circumstances and for a limited period of time."

Response from State party received 4 November 2009

" The Government is very keen on reducing the number and length of instances of solitary confinement during pre-trial detention and in order to ensure this the Administration of Justice Act was amended in 2006.

The Government also wishes to state that there are criminal cases where it is necessary to exclude a person held in pre-trial detention from association with other detainees. This is particularly so in criminal cases with professional, strongly organised elements and international relations.

Nevertheless, under Danish law the criteria for excluding a person held in pre-trial detention from association with other detainees are very strict. It is a requirement that the purpose cannot be achieved by less burdensome restrictions, including placing the detainee in another detention centre than other specific detainees or in some other way excluding the detainee from association with such other detainees. It is also a requirement that the exclusion from association with other detainees – taking into account, where relevant, the particular burden which the exclusion may be due to the detainee's youth, physical or mental vulnerability or other personal circumstances – is not disproportionate in comparison with the importance of the case and the penalty which may be expected if the detainee is found guilty. It is also a requirement that the investigation is conducted with the particular speed which is necessary when a detainee is excluded from association with other detainees, including using the possibilities of securing evidence by having a witness testify before a court prior to the trial. If the detainee is under the age of 18, it is an additional requirement that very exceptional circumstances make exclusion from association with other detainees necessary.

The Government points out that "solitary confinement" means exclusion from association with other detainees. It does not mean that the detainee is "isolated" in other respects. On the contrary, personnel of the Prison and Probation Service must continuously be particularly attentive as regards the need of such detainees for more extensive contact with personnel, visit by a doctor, including a psychiatrist, more extensive access to visits, etc.

Under Danish law, exclusion from association of persons held in pre-trial detention (hereafter referred to as "solitary confinement") in order to prevent interference with the investigation may be imposed by court order for an initial period not exceeding 2 weeks. The court may by subsequent orders extend the solitary confinement for periods not exceeding 4 weeks (2 weeks if the detainee is under the age of 18) at a time. Consequently, any solitary confinement is subject to regular judicial review at very short intervals.

Furthermore, the Administration of Justice Act also provides for maximum periods of time of solitary confinement.

In the most serious cases (punishable by 6 years' imprisonment or more), the maximum period of solitary confinement is 8 weeks which may be extended only in exceptional circumstances (4 weeks if the detainee is under the age of 18, and this may only be extended in very exceptional circumstances and provided that the investigation concerns Parts 12 or 13 of the Criminal Code (terrorism, etc.)). Before the public prosecutor requests an extension of solitary confinement beyond 8 weeks (4 weeks if the detainee is under the age of 18), the Director of Public Prosecutions must endorse the request, and the request may not be granted by the court in the absence of such endorsement.

In other cases the maximum period of solitary confinement is 2 or 4 weeks which may not be extended.

In conclusion, there are extensive guarantees to ensure that solitary confinement during pre-trial detention is used only in exceptional circumstances and for a limited period of time.

As described in paras. 247-253 of Denmark's fifth periodic report, the Administration of Justice Act was amended in December 2006 with a view to reducing the number and lengths of instances of solitary confinement. The amendment entered into force on 1 January 2007.

In order to ensure that the Prosecution Service observes these new rules concerning solitary confinement, the Director of Public Prosecutions has sent out information and issued guidelines regarding the new rules.

Thus in December 2006, prior to the entering into force of the rules the Director of Public Prosecutions sent out a memo to the State Prosecutors and Police Commissioners accounting for the changes in the Administration of Justice Act in relation to the use of solitary confinement, including the new rules concerning time limits, the new requirement that a request for continuous solitary confinement must be put to the Court in writing and must entail the grounds for the request, the requirement that the Director of Public Prosecution must approve a request for continuous solitary confinement beyond 8 weeks and about the enhanced possibility to secure evidence before the main proceedings.

In July 2008, the Director of Public Prosecutions sent out instructions on how to apply for the approval of the Director of Public Prosecutions in cases concerning the use of solitary confinement beyond 8 weeks. It follows from these instructions that the request for approval must entail information about the specific risk that the person in question will hamper the investigation and about the reasons to believe that such a risk is present.

In 2008 the Director of Public Prosecutions approved the Police Commissioners' recommendations about the use of solitary confinement beyond 8 weeks in three cases (concerning 4 persons). In 2009 to this date the Director of Public Prosecutions approved recommendations from the Police Commissioners in four cases (concerning 11 persons).

In all the above-mentioned cases the Court has accepted the Prosecutions Service's request for the use of solitary confinement beyond 8 weeks.

In order to keep the application in practice of solitary confinement under constant review, the Director of Public Prosecutions submits a yearly report to the Ministry of Justice on the number and lengths of instances of solitary confinement during pre-trial detention. The Ministry of Justice forwards the report to Parliament's Legal Affairs Committee.

The first annual report by the Director of Public Prosecutions on the number and lengths of instances of solitary confinement during pre-trial detention after this amendment, covering the year 2007, was submitted in the fall of 2008. The main conclusions of the report may be summarised as follows:

In 2007 the number of instances of solitary confinement was 273. This was a reduction by 42.6 % in comparison with 2006 and a reduction by 50.7 % in comparison with 2001.

In 2007 the proportion of detainees held in pre-trial detention who were placed in solitary confinement was reduced to a very significant degree. In 2006 8 % of persons held in pre-trial detention was at some point during their pre-trial detention subject to an order for solitary confinement; in 2007 that figure dropped to 4.6 %.

The average length of solitary confinement in the period 2001 to 2006 was 28, 30, 37, 36, 33 and 29 days, respectively. The slow but steady reduction registered since 2004 continued in 2007, where the average length of solitary confinement was 27 days.

From 2006 to 2007 the total number of days of solitary confinement was reduced by 48 % from 13,838 days to 7,189 days.

The number of instances of solitary confinement exceeding 8 weeks has varied between 2001 and 2006, during which period the number of such cases has been between 57 and 158 per year. In 2007 the number of such cases was reduced very significantly from 57 in 2006 to 19 instances of solitary confinement exceeding 8 weeks.

In 2007 five persons under the age of 18 were subject to solitary confinement. The solitary confinement lasted between 2 and 14 days. Since 2001 between one and six persons under the age of 18 per year have been subjected to solitary confinement, and the length of solitary confinement in those cases has varied between 1 and 56 days. Since 2006 no person under the age of 18 has been subjected to solitary confinement for more than 14 days.

The next report is expected to be submitted before the end of the year.

The Government finds that the report covering the year 2007 by the Director of Public Prosecutions shows that the considerable efforts undertaken by the Government to reduce the use of solitary confinement during pre-trial detention have been successful. In particular, the legislative amendment in December 2006 and the subsequent implementation by the police and prosecution service seem to have resulted in a very significant reduction in the number of instances of solitary confinement, the total number of days of solitary confinement and also in the number of instances of solitary confinement exceeding 8 weeks.

As regards persons under the age of 18, it is noteworthy that the number of cases per year has not exceeded six since 2001, and that the period of solitary confinement in those cases has not exceeded 14 days since 2006.

The Government will continue to keep the use of solitary confinement under close review, in particular on the basis of the yearly reports submitted by the Director of Public Prosecutions.

The Committee stated in a letter dated 26 April 2010 that the information provided on solitary confinement was "largely satisfactory."

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UN Committee on Economic, Social and Cultural Rights

E/C.12/DNK/CO/5

Last reported: 10 May 2013
Concluding Observations issued: 6 June 2013

Issues raised:

Corporal punishment: The Committee is concerned that corporal punishment of children is not explicitly prohibited inGreenlandregarding the home and other care settings (art. 10). Para 14.

The Committee recommends that the State party take steps to ensure that corporal punishment is prohibited in all settings in Greenland.

Institutional care: The Committee is concerned that a significant number of children are placed in care outside of their home, including in institutional care (art. 10). Para 15.

The Committee recommends that the State party take steps to ensure that family-type care rather than institutional care is offered for children deprived of a family environment. It also recommends that the State party take steps to ensure that children who are placed in care outside of their home, in particular children with disabilities, have access to adequate care. In this regard, the Committee recommends that the State party take into account the Guidelines for the Alternative Care of Children, annexed to General Assembly resolution 64/142.

Migrants: The Committee notes with concern that quota refugees, migrants reunified with their family, and undocumented migrants continue to encounter difficulties in gaining access to health care facilities, goods and services (art. 12). Para 18.

The Committee recommends that the State party take steps to ensure that all persons belonging to disadvantaged and marginalized groups and individuals, in particular quota refugees, migrants reunified with their family, and undocumented migrants and members of their families, have access to basic health care. The Committee recommends that these steps include guaranteeing health examinations to such persons upon their arrival in the State party, and offering of vaccinations to their children. It also recommends that the State party take steps to raise awareness among disadvantaged and marginalized groups and individuals of the health-care system and ensure that all have access to related information in languages other than Danish.

Minority groups: The Committee is concerned about the disadvantaged position of children of immigrants and Roma in public schools, linked to socio-economic factors, compared to ethnic Danish pupils. It is furthermore concerned that asylum-seeking children are not promptly integrated into mainstream public schools (arts. 13 and 14). Para 19.

The Committee recommends that the State party prioritize the implementation of the framework for language development and the reduction of the impact of socio-economic backgrounds of pupils on their academic performance. The Committee furthermore recommends that the State party take steps to ensure that asylum-seeking children are promptly integrated into mainstream public schools, and are not first educated in separate schools.

Children with disabilities: The Committee is concerned that children with disabilities are much less likely than children without disabilities to take final exams after completing compulsory primary and secondary education, and that, if they do, they perform less well in those exams compared to children without disabilities (arts. 13 and 14). Para 20.

The Committee recommends that the State party take steps to ensure an inclusive education for children with disabilities. It also recommends that the State party ensure that teachers are trained to educate children with disabilities within regular schools and that children with disabilities are provided with the necessary equipment and support.

Indigenous groups: The Committee is concerned that the State party has not applied the principle of cultural self-identification in relation to the recognition of the Thule Tribe of Greenland as a distinct indigenous community (art. 15). Para 21.

The Committee recommends that the State party take steps to recognize the Thule Tribe of Greenland as a distinct indigenous community capable of vindicating its traditional rights, including, to maintain its cultural identity and use its own language.

The Committee recommends that the State party take steps to ensure that all disadvantaged and marginalized groups and individuals, including persons with disabilities, as well as children from low-income families and migrant children, and older persons can fully enjoy their right to take part in cultural life.

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(E/C.12/1/Add.102)

Last reported:10 and 11 November 2004
Concluding Observations adopted: 26 November 2004

Trafficking and sexual abuse: The Committee expressed concern that Denmark continues to face problems of child pornography, sexual exploitation of children, and trafficking in women and children. The Committee encouraged the State party to continue to strengthen its efforts to address the problem of trafficking in persons, especially women and children, as well as commercial sexual exploitation in the State party, and requested that the State party provide in its next periodic report detailed information on any results achieved and difficulties encountered, including the results of the Action Plan on combating sexual abuse of children. (Paragraph 19)

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UN Committee against Torture

CAT/C/DEN/6-7

Last reported: 16 and 17 November 2015
Concluding Observations issued: 30 November 2015

Issues raised:

Conditions of detention of minors and women: The Committee notes that very few juvenile offenders are placed in carceral environment. It also notes that their best interest and safety prevail when placed with adults, and due consideration is given to the selection of co-detainees with whom they are in contact. Moreover, the Committee notes that women are detained in mixed gender prisons and that protection measures are in place to reduce the risk of abuse and exploitation (art. 16). (para 34)

The State party should be attentive that measures in place continue to protect minors placed with adults and women in mixed gender prisons against abuse and exploitation. The Committee encourages the State party to undertake a study on both regimes, identifying the advantages and risks, as well as the impact on minors and women’s reintegration in society after their release from prison. (para 35)

Intersex persons: While taking note of the information provided by the delegation on the decision-making process related to treatment of intersex children, the Committee remains concerned at reports of unnecessary and irreversible surgery and other medical treatment with life-long consequences to which intersex children have been subjected before the age of 15 when their informed consent is required. The Committee is further concerned at hurdles faced by these persons when seeking redress and compensation in such cases (arts. 14 and 16). (para 42)

The State party should: (a) Take the necessary legislative, administrative and other measures to guarantee the respect for the physical integrity and autonomy of intersex persons and ensure that no one is subjected during infancy or childhood to unnecessary medical or surgical procedures; (b) Guarantee counselling services for all intersex children and their parents, so as to inform them of the consequences of unnecessary surgery and other medical treatment; (c) ensure that full, free and informed consent is respected in connection with medical and surgical treatments for intersex persons and that non-urgent, irreversible medical interventions are postponed until a child is sufficiently mature to participate in decision-making and give full, free and informed consent; (d) Provide adequate redress for the physical and psychological suffering caused by such practices to intersex persons. (para 43)

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(CAT/C/DNK/CO/5)

Last Reported: 2 and 3 May 2007 
Concluding Observations Issued: 16 July 2007

Issues raised and recommendations given:

Solitary confinement: The Committee notes with appreciation that the upper limit for solitary confinement of persons under the age of 18 is reduced from eight weeks to four weeks. Despite the amendments of the Administration of Justice Act to limit the use of solitary confinement in general, and in particular with respect to persons under the age of 18, the Committee remains concerned at the placement of persons in prolonged solitary confinement during pre-trial detention. It notes with particular concern that persons, including persons under the age of 18, suspected of offences against the independence and security of the State (chapter 12 of the Criminal Code) or against the Constitution and the supreme authorities of the State (chapter 13 of the Criminal Code) may be held indefinitely in solitary confinement during their pre-trial detention. However, the Committee notes that there is a judicial review mechanism in place to review the need to continue the solitary confinement. (art. 11)

The State party should continue to monitor the effects of solitary confinement on detainees and the effects of the 2000 and 2006 amendments to the Administration of Justice Act which have reduced the number of grounds that may give rise to solitary confinement and its duration. The State party should limit the use of solitary confinement as a measure of last resort, for as short a time as possible under strict supervision and with a possibility of judicial review. Solitary confinement of persons under the age of 18 should be limited to very exceptional cases. The State party should aim at its eventual abolition (CRC/C/DNK/CO/3, paras. 58-59). With regard to persons suspected of offences against the independence and security of the State (chapter 12 of the Criminal Code) or against the Constitution and the supreme authorities of the state (chapter 13 of the Criminal Code) who may be held indefinitely in solitary confinement during their pre-trial detention, the State party should ensure respect for the principle of proportionality and establish strict limits on its use. In addition, the State party should increase the level of psychologically meaningful social contact for detainees while in solitary confinement.

Asylum seekers: Despite the measures taken to improve the living conditions and activities in asylum centres, in particular the conditions for asylum-seeking families with children, the Committee is concerned at unduly long waiting periods in asylum centres and the negative psychological effects of long term waiting and of the uncertainty of daily life on asylum-seekers. The State party, while improving the living conditions in asylum centres, should take into consideration the effects of long waiting periods and provide both children and adults living in asylum centres with educational and recreational activities as well as adequate social and health services. (art. 16)

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Last reported: 2, 3 and 10 May 2002

Solitary confinement: The Committee expresses concern that persons, including persons under the age of 18, suspected of committing offences against the independence and security of the State or against the Constitution and the supreme authorities of the State may be held indefinitely in solitary confinement during their pre-trial detention. (Paragraph 14)

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UN Committee against Torture: Follow-up

12 May 2010

No mentions of children's rights.

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UN Committee on the Elimination of Discrimination against Women

 

CEDAW/C/DNK/CO/8

Adopted by the committee: 24 February 2015

Published by the Committee: 6 March 2015

Issues raised:

Ratification:

The Committee welcomes the ratification of the State party of  Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse in 2009 (para.7).

Nationality:

The Committee notes the State party policy of generally ensuring gender equality in transmission of nationality. However, it remains concerned that the existing law on citizenship continues to have an adverse impact on stateless women and girls, given that it does not grant automatic citizenship to children born in the State party’s territory to stateless parents (para.25).

Education:

The Committee is concerned about the continued prevalence of stereotypical educational choices by women and girls as well as men and boys resulting in women’s and girls’ under-representation in traditionally male dominated fields of studies such as science, technology, engineering and mathematics (para.27).

(CEDAW/C/DEN/CO/7)

Last reported: 22 July 2009
Concluding Observations published: 7 August 2009

Concerns raised:

The Committee expresses concern about the steady increase of the abortion rate among young women aged 15 to 19 years. The Committee calls upon the State party to continue its efforts to widely promote sex education among adolescents and young adults in order to increase their knowledge and use of contraceptive methods. The Committee also encourages the State party to undertake studies and/or surveys on the root causes of the increase in abortions among young women. (Paras. 36, 37)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/DEU/CO/19-22)

Last Reported: 30 October 2013

Concluding Observations Adopted: 15 May 2015

Concerns Raised

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(CERD/C/DNK/CO/18-19)

 

Last reported: 17 and 18 August 2010
Concluding Observations adopted: 26 August 2010

The Committee notes that mother-tongue teaching is only offered to children from EU and European Economic Area (EEA) countries and those from Faroes and Greenland in order to maintain their language proficiency should they subsequently return to these places. However, there is no explanation as to why people of other ethnic groups that seek to benefit from mother-tongue tuition have not been included in the programme . The Committee recommends that the State party provide a general educational policy on this matter to cover all groups and take appropriate measures to assess whether people of other ethnic groups require mother-tongue teaching and that this be extended to their children who can then benefit on an equal footing with children from the EU, EEA countries, Faroes and Greenland. (Paragraph 16)

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UN Committee on the Elimination of Racial Discrimination: Follow-up

Follow-up requested 7 March 2008

No mention of children's rights.

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

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CRPD/C/DNK/CO/1

 

Adopted by the Committee: 2 October 2014

Published by the Committee: 30 October 2014

Issues raised:

Lack of initiatives and legislation regarding girls with disabilities:

The Committee is concerned that the Act on Gender Equality does not specifically address women and girls with disabilities. The Committee is also concerned that the State party has not undertaken any specific initiatives aimed at women and girls with disabilities in the educational system,nor any specific measures for women with disabilities to find or maintain employment (para.18).

The Committee recommends that the State party ensure that the perspective of gender and disability is encompassed in its laws and policies and its sectorial services, and in the implementation and evaluation of these.The Committee also recommends that the State party take measures to increase opportunities for adequate education and employment for women and girls with disabilities (para.19).

Children with disabilities:

The Committee is concerned that, according to the National Council for Children, children who are hospitalized in psychiatric hospitals can be subject to forced treatment (para.20).

The Committee recommends that the State party abolish forced hospitalization

and treatment of children in psychiatric hospitals,and provide adequate opportunities for information and counselling to ensure that all children with disabilities have the support they need to express their views (para.21).

Education:

While noting a Government reform to promote inclusion of children with disabilities in the general education system, the Committee is concerned at the lack of clarity regarding the extent to whichpupils with disabilities can receive adequate support and accommodation to facilitate their education, and regarding the discrepancies in accomplishment rates between pupils with and without disabilities in elementary, secondary and higher education (para.52).

The Committee recommends that the State party amend its legislation to ensure the inclusion of all children with disabilities in the mainstream education system, with adequate support and accommodation, in particular through the provision of adequate training to teachers and other employees in the school system in all parts of the Kingdom of Denmark, in order to ensure quality education for pupils with disabilities. The State party should take measures to address discrepancies in accomplishment rates between pupils with and without disabilities at all levels of education (para.53).

The Committee is concerned at reports that children in need of more than 9 hours of special education per week may submit acomplaint to the Special Education Board, unlike children in need of fewerthan 9 hours of special education per week who cannot submit a complaint to an independent authority regarding a lack of adequate educational support (para.54).

The Committee recommends that the State party amend its legislation to ensure that all children with disabilities can submit a complaint to an independent authority if they do not receive adequate educational support (para.55).

 

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UN Committee on Enforced Disappearance