Ud af i alt 199 anbefalinger har Danmark accepteret 120 anbefalinger fuldt ud mens 14 anbefalinger er blevet delvist accepteret.
Danmarks anden UPR-eksamination fandt sted den 21. januar 2016 i Genève. I alt tog 87 FN-medlemslande ordet og gav 199 anbefalinger til Danmark på områder, hvor landene mener, at Danmark kan forbedre menneskerettighedssituationen.
Alle 193 FN-medlemslande skal med ca. 4 års mellemrum til ”eksamen” i menneskerettigheder i FN’s Menneskerettighedsråd.
Det primære formål med UPR-processen er at styrke overholdelsen af menneskerettighederne i praksis, dvs. ikke bare i ord og hensigt, men også ved at sikre, at det enkelte menneske rent faktisk kan mærke en forskel. UPR har karakter af et obligatorisk bedømmelsessystem, hvor FN's medlemsstater en efter en deltager i en interaktiv dialog, hvor landets samlede menneskerettighedssituation drøftes, og hvor de øvrige FN-medlemslande kommer med anbefalinger til, hvordan det pågældende land kan fremme respekten for og sikre effektiv overholdelse af menneskerettigheder til fordel for landets borgere.
Udenrigsminister Kristian Jensen (V) udtaler:
”I Geneve havde jeg på regeringens vegne en god og ret direkte dialog med de mange lande, der deltog i eksaminationen og gav Danmark anbefalinger. Jeg gjorde det klart, at menneskerettighederne står stærkt i Danmark, men det er min ambition altid at gøre tingene endnu bedre. Det er jo det hele UPR-processen handler om – for Danmark og for alle de lande, som vi giver anbefalinger.”
“Nu har vi gået anbefalingerne grundigt igennem, og jeg er tilfreds med, at vi kan acceptere 120 anbefalinger, hvoraf mange er overlappende og dækker nogle få områder. Dem skal vi nu i gang med at se på.”
“UPR-processen er et vigtigt redskab, hvor alle lande kan udfordre hinandens menneskerettighedsstandard. Mit politiske pejlemærke er, at alle mennesker skal have frihed til at leve deres eget liv og træffe deres egne valg om fremtiden – med respekt for andres liv og frihed.”
Anbefalingerne og Danmarks svar
Læs medlemslandenes anbefalinger til Danmark, og læs Danmarks svar til de enkelte anbefalinger. Danmarks svar er udarbejdet af samtlige involverede ministerier.
121. The following recommendations will be examined by Denmark which will provide responses in due time, but no later than the thirty-second session of the Human Rights Council in June 2016.
121.1. Consider signing and ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Italy) / Consider ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Ghana).
121.2. Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Montenegro) (France) (Portugal) (Tunisia).
121.3. Withdraw the territorial exclusion for Greenland and the Faroe Islands to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Canada).
121.4. Work with the Greenland authorities to withdraw the territorial reservation for Greenland to the Convention on the Rights of the Child Optional Protocol on the sale of children, child prostitution and child pornography (United Kingdom of Great Britain and Northern Ireland).
121.5. Advance the ratification of the pending international instruments, including the Convention on the Protection of the Rights of All Migrant Workers and their Families, in accordance with the recommendations of the Committee on the Elimination of Racial Discrimination (Chile).
121.6. Consider the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Indonesia) (Sri Lanka) (Ghana) (Philippines).
121.7. Accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Ecuador).
121.8. Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Algeria) (Azerbaijan) (Benin) (Egypt) (Honduras) (Iran (Islamic Republic of)).
121.9. Sign and ratify ICRMW (Uruguay) (Turkey).
121.10. Ratify and implement the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Kyrgyzstan).
121.11. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance and fully recognize the competence of the Committee on Enforced Disappearances, as provided for in articles 31 and 32 of the Convention (Germany) (France).
121.12. Consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearances (Ghana).
121.13. Ratify the International Convention on the Protection of all Persons from Enforced Disappearance (Panama) (Tunisia) (Uruguay) (Portugal) (Montenegro).
121.14. Take necessary steps to ratify the ICPPED (Slovakia); ** The conclusions and recommendations have not been edited.
121.15. Internalise as soon as possible the following international human rights treaties: ICCPR, ICESCR, CAT, ICERD, CRC and CEDAW, as well as ratify ICPPED (Brazil).
121.16. Ratify ILO Convention 189 of 2011 on domestic workers (Benin).
121.17. Consider ratifying ILO Convention 189 (Philippines).
121.18. Reconsider the constraints underneath the process of whether to accede to Protocol No. 12 to the European Convention on Human Rights (Mozambique).
121.19. Accede to Protocol 12 of the European Convention and ensure implementation of concrete measures against all forms of discrimination (Uruguay).
121.20. Incorporate core UN human rights treaties into domestic legislation (Azerbaijan).
121.21. Incorporate the international instruments it acceded to into domestic legislation. (Egypt).
121.22. Incorporate the human rights conventions into national law (Guatemala).
121.23. Bring legislation, including the Criminal Code in line with the provisions of ICERD (Kyrgyzstan).
121.24. Modify the criminal code to harmonize its provisions with those of the International Convention on the Elimination of All Forms of Racial Discrimination (Benin).
121.25. Adopt a comprehensive anti-discrimination legislation (Maldives).
121.26. Explicitly prohibit discrimination against persons with disabilities and discrimination based on religious belief (Djibouti).
121.27. Amend the relevant laws so that all persons with disabilities could vote and stand for election (Albania).
121.28. Amend laws to ensure that all persons with disabilities could vote and stand for election (Maldives).
121.29. Strengthen its legislation, in particular the Penal Code, in order to harmonize its provisions with the International Convention on the Elimination of All Forms of Racial Discrimination (Côte d’Ivoire).
121.30. Incorporate into the Criminal Code an outright ban on the activities of organizations which promote racial discrimination (Russian Federation).
121.31. Amend the Penal Code in the Faroe Islands to ensure that the definition of rape is brought in line with international standards and criminalized in all circumstances, including within marriage (Norway).
121.32. Complete the amendments expected to be carried on the crime of rape in the Criminal Code of the Faroe Islands (Spain).
121.33. Ensure that the definition of rape in the Faroese legislation is brought into line with international standards so that rape is criminalized in all circumstances, including within marriage (Iceland).
121.34. Strengthen its regulatory and policy framework, in accordance with international human rights standards, for the effective protection of asylum seekers and refugees (Ecuador).
121.35. Decriminalize defamation and place it within a civil code in accordance with international standards (Estonia).
121.36. Eliminate discrimination against migrants, and especially migrant women (Maldives).
121.37. Refrain from passing discriminatory legislation that are based on bias against foreigners and refugees (Lebanon).
121.38. Amend the new Aliens law on confiscating valuable belongings to cover refugees’ expenses to ensure compatibility with human rights obligations (Egypt).
121.39. Consider amending the Aliens Act in order to ensure that refugees and other beneficiaries of international protection and their family members can exercise their right to long term residence (Bolivia (Plurinational State of)).
121.40. Ensure that the review of counter-terrorism legislation take account of, and that the relevant legislation be amended in full compliance with Denmark’s human rights obligations (Hungary).
121.41. To the Faroe Islands: Establish a National Human Rights Institution covering the Faroe Islands according to recommendations made by the UN General Assembly (1994) and the UN Committee on Economic, Social and Cultural Rights (2013) (Poland).
121.42. Provide the Special Office for Children with a mandate and additional powers to enable it to provide advisory and legal assistance in a wider range of cases (Germany).
121.43. Increase the mandate and powers of the Special Office for Children to provide advisory or legal assistance in a wider range of cases (Hungary).
121.44. Strengthen the mandate of the Special Office for Children and give the Office additional powers to provide advisory and legal assistance in a wider range of cases (Norway).
121.45. Strengthen the mandate of the Office for Children and guarantee children direct access to a single complaints mechanism and to independent advice and legal assistance for children in a wider range of cases (Ireland).
121.46. Consider the development of a national action plan for the promotion and protection of human rights (Georgia).
121.47. Develop a National Action Plan for Human Rights in order to framework a systematic and comprehensive approach to the promotion and protection of human rights (Indonesia).
121.48. Establish a national action plan against racism, to work for tolerance and to preserve freedom of belief (Djibouti).
121.49. Develop a national plan against racism and discrimination, in accordance with its international obligations (Costa Rica).
121.50. Develop a plan of action to combat racism (Russian Federation).
121.51. Strengthen national action plans that promote tolerance and intercultural understanding, in order to prevent and counter racist and xenophobic acts, particularly those arising from political propaganda (Chile).
121.52. Develop a national plan for combating hate crimes in order to ensure continuity and sustainability (Poland).
121.53. Develop a comprehensive strategy and action plan to combat xenophobia and racial discrimination (Turkey).
121.54. Establish an independent mechanism to defend the rights of children on Faroe Islands (Benin).
121.55. Ensure that its policies, legislation, regulations and enforcement measures effectively serve to prevent and address the heightened risk of business involvement in abuses in conflict situations, which includes situations of foreign occupation (State of Palestine).
121.56. Build on existing inclusion strategies by implementing public awareness campaigns and education programmes to promote diversity and tolerance, while condemning racism and xenophobia (Canada).
121.57. Increase efforts to promote tolerance and intercultural understanding with the aim of eliminating discrimination against minorities and non-citizens (Japan).
121.58. Encourage highly placed state officials and politicians to take a clear stance against racist and xenophobic political discourse (Tunisia).
121.59. Implement public awareness campaigns to promote tolerance and respect for cultural diversity and to counter prejudice, stereotypes, discrimination, racism, and Islamophobia (United Arab Emirates).
121.60. Build tolerance and intercultural understanding, and to develop a national action plan on racism (Albania).
121.61. When responding to hate crimes, ensure targeted training of law enforcement to strengthen capacity to conduct special investigations, accurately register complaints and reflect victims’ perspectives (Canada).
121.62. Provide basic human rights education to children in primary and secondary schools (Slovenia).
121.63. Make teaching on genocide and crimes against humanity a part of curriculum in public schools (Armenia).
121.64. Expressly prohibit discrimination against persons with disabilities as well as religious belief, sexual orientation or age, outside the labour market (Bulgaria).
121.65. Enhancing and improving laws and legislation to combat all forms of discrimination, racism and foreign hatred (Lebanon).
121.66. Review its body of legislation prohibiting discrimination on any grounds, and in this regard, expressly prohibit discrimination due to disability, age, religious belief, sexual orientation or gender identity (Canada).
121.67. Continue the strengthening of the comprehensive regulatory framework that prohibits discrimination, including that based on gender, and promote coordination between the competent bodies and facilitate the reporting of such crimes by persons in situations of vulnerability (Mexico).
121.68. Consider enacting comprehensive equality legislation that will provide effective remedies and address discrimination on all grounds (Serbia).
121.69. Adopt the necessary legislative measures to ensure the integration of the gender perspective in all public policies at all levels of government, and prohibit and punish discrimination based on gender (Honduras).
121.70. Take more effective measures to combat racial discrimination and intolerance against migrants, and improve the legislative framework with the aim of fostering social acceptance of migrants (Italy).
121.71. Continue its efforts to further mainstream gender equality in the public sphere as well as to combat domestic violence to protect the rights of women in the private sphere (Thailand).
121.72. Continue progress to increase gender equality and protections for women and girls who encounter violence including enhanced implementation of Denmark’s existing legal and policy frameworks (Australia).
121.73. Engage in dialogue and offer assistance to the autonomous authorities of the Faroe Islands and Greenland to introduce legislative changes in favour of women's rights and equality (Costa Rica).
121.74. Counter discrimination and promote a more inclusive society (Australia).
121.75. Develop and implement a national action plan to cultivate a culture of respect and tolerance and promote intercultural understanding (Maldives).
121.76. Adopt legislation to prohibit all forms of discrimination on the basis of race, colour, ethnicity, age, religion and disability and to ensure access to effective remedy for victims of discrimination (Iran (Islamic Republic of)).
121.77. Enhance the promotion of dialogue among societies, including inter- religious and inter-cultural dialogue in the country (Indonesia).
121.78. Continue its efforts to fight hate speech in different state institutions through the establishment of tolerance and understanding between cultures (Iraq).
121.79. Pay more attention to the problems of discrimination against non- ethnic Danes and multicultural relations (Kyrgyzstan).
121.80. Step-up measures to effectively combat racism and xenophobia while inculcating respect, tolerance and intercultural understanding, especially in schools (Malaysia).
121.81. Continue efforts to prevent various forms of discrimination, including discrimination based on ethnic origin (Morocco).
121.82. Take effective policy measures in order to combat racism; intolerance, stereotypes and unlawful attitudes against ethnic and religious minorities and take legislative measures that prohibit hate speech (Namibia).
121.83. Continue to implement measures to eliminate discrimination, including on the basis of ethnic or religious background (New Zealand).
121.84. Continue working on programmes to combat discrimination, particularly against persons belonging to minorities or vulnerable groups (Nicaragua).
21.85. Take concrete measures to put an end to Islamophobia and hate speech regarding Muslims, which continues to be widespread in public and political debate (Iran (Islamic Republic of)).
121.86. Take effective measures to encourage tolerance and to combat illegal stands and stereo types against minorities, in particular Muslims (Saudi Arabia).
121.87. Combat racism and xenophobia, and strengthen efforts at promoting intercultural understanding and tolerance (South Africa).
121.88. Step up efforts to fight racial prejudice and violence, xenophobia and intolerance (Argentina).
121.89. Taking clear measures to combat Islamophobia, racism and Xenophobia and hatred (Bahrain).
121.90. Effectively combat all manifestations of Islamophobia and to promote tolerance, intercultural dialogue and respect for diversity in the society (Azerbaijan).
121.91. Launch specific targeted initiatives and formulate policies to combat intolerance, racism, xenophobia, in particular against Muslims (Saudi Arabia).
121.92. Intensify its efforts to eliminate discrimination based on ethnicity, including by improving access to justice for victims of ethnic discrimination (Sweden).
121.93. Re-enforce measures to combat racism and discrimination against persons of foreign origin, in particular through the prohibition of ethnic profiling and through awareness raising in the security services as to non- discriminatory measures and methods (Algeria).
121.94. Step up efforts to combat racism and ensure elimination of all acts of racial intolerance (Botswana).
121.95. Work towards enforcing resolution 16/18 concerning combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (Bahrain).
121.96. Discourage discrimination against minorities in Denmark, especially Muslims and take effective measures to promote tolerance and counter attitudes which lead to stereotyping and hate crimes against ethnic and religious minorities (Pakistan).
121.97. Raise awareness in public, regarding the limits and responsibility of freedom of expression, in accordance with international standards urging to take concrete legal and practical measures to combat incitement to religious hatred and intolerance (Pakistan).
121.98. Promote and protect the rights of indigenous peoples, peasants and other rural workers (Bolivia (Plurinational State of)).
121.99. Take concrete steps to end ethnic segregation in schools, include diversity and tolerance education in primary school curricula, and submit outstanding reports to the implementation on the UNESCO Convention against Discrimination in Education (Slovenia).
121.100. Implement support services and ensure non-discrimination against the LGBTI community (South Africa).
121.101. Ensure equal access to public health for LGBT persons, removing existing legislative barriers for access to gender reassignment-related treatments (Uruguay).
121.102. Explicitly prohibit organizations promoting racial and religious hatred as well as racial profiling (Egypt).
121.103. Monitor and address rampant hate speech on the social media, especially that is directed at Muslims and refugees in public and political debates and manifested in Islamophobia (Pakistan).
121.104. Limit the use of prolonged periods of pre-trial detention for non- nationals (Greece).
121.105. Continue to combat violence against women and girls and develop a comprehensive action plan for the prevention of sexual violence and for ensuring the legal rights of victims of sexual violence (Finland).
121.106. Allocate the human and technical resources necessary to strengthen the fight against gender violence, at all levels of government and the justice system (Honduras).
121.107. Ensure that programmes and policies to curb domestic violence are fully implemented (Philippines).
121.108. Review its approach to domestic violence to better prevent and respond to cases of domestic violence against women and children (United States of America).
121.109. Develop and adopt further measures to prevent and combat sexual violence against women (Austria).
121.110. Step up efforts to prevent violence against women and domestic violence (Azerbaijan).
121.111. Take necessary measures in order to prevent and combat sexual exploitation and abuse of vulnerable people especially in Greenland (Iran (Islamic Republic of)).
121.112. Continue moving in the direction of improving the standards and the quality of care and treatment in foster homes (Georgia).
121.113. Accelerate the establishment of a police independent mechanism which ensures that they do not resort to violence against women and girls (Libya).
121.114. Ensure that all cases where children have been a victim of domestic violence or witnessed such violence are properly documented and registered and that social recovery and reintegration services of child victims are reinforced (Republic of Moldova).
121.115. Continue its successful initiatives to fight the worst forms of child labour, in particular child trafficking for the purposes of labour exploitation and prostitution (Venezuela (Bolivarian Republic of)).
121.116. Take necessary measures to ensure that sufficient up-to-date data on the worst forms of child labour would be made available (Lithuania).
121.117. Step up efforts to prevent and address bullying in schools, inter alia, by introducing a range of educational and socio-pedagogical methods, and consider introducing appropriate monitoring of anti-bullying strategies in schools (Slovakia).
121.118. That Greenland reform and upgrade municipal competences and accountability in order to apply constructive measures and to promote protection of the child against violence, and to assist families in rehabilitation efforts on substance abuse and addiction (Iceland).
121.119. Further ongoing efforts to combat human trafficking (Sri Lanka).
121.120. Continue to pay special attention to the victims of human trafficking and harmonize its national legislation with international instruments to which it is a party and recommendations made on this matter by treaty bodies (Nicaragua).
121.121. Strengthen the implementation of mechanisms for the assistance of victims of trafficking, placing emphasis on child victims of this crime (Colombia).
121.122. Further combat the worst forms of child labour, including trafficking for the purpose of forced labour and prostitution (Lithuania);
121.123. Further ensure the identification and protection of victims of human trafficking (Greece).
121.124. Adopt legislative and policy measures to eradicate re-victimization in cases of trafficking and ensure adequate protection to victims, migrant workers in particular, regardless of their immigration status (Honduras).
121.125. Strengthen protection for victims of human trafficking by providing temporary residency in order to promote cooperation with law enforcement and establish legal alternatives to their deportation to countries where they may face retribution or hardship (United States of America).
121.126. Undertake a comprehensive investigation into the so-called prison flights in which the Central Intelligence Agency of the United States of America landed aircraft at Danish airports with arbitrarily detained persons on board during its special operations (Russian Federation).
121.127. Investigate, prosecute and punish all hate crimes against minorities (Azerbaijan).
121.128. Reform its criminal justice system and ensure the age of criminal responsibility is in line with international standards (Botswana).
121.129. Review the detention in solitary confinement of persons under 18 years of age, to ensure that no child is held in ordinary prisons for adults (Mexico).
121.130. Repeal the provisions that allow persons with disabilities to be subject to medication and psychiatric treatment without their consent (Mexico).
121.131. Introduce alternative measures to pre-trial detention for minors wherever possible, and develop clear rules for the treatment of minors in police custody and monitor their effective implementation in practice (United Kingdom of Great Britain and Northern Ireland).
121.132. Take the measures necessary to prevent the detention of minors in adult prisons (Honduras).
121.133. Limit the use of or abolish solitary confinement of children (Namibia).
121.134. Adopt legislation to limit the use of solitary confinement and abolish solitary confinement of children (Poland).
121.135. Prohibit the use of solitary confinement for children within the criminal justice system (Slovenia).
121.136. Give special considerations to juvenile offenders, such as to prohibit the use of solitary confinement against persons under 18 and separate juveniles offenders from adult offenders (Thailand).
121.137. Provide protection for the family as the natural and fundamental unit of the society (Egypt).
121.138. Ensure, through effective measures and consultations, that contested children in a marital dispute have the possibility of maintaining a consistent contact with the foreign parent living abroad (Italy).
121.139. Adopt practical and legal measures to strengthen the foundation of the family and avoid resorting to measures and legislation which endanger the very foundation of the family in society (Iran (Islamic Republic of)).
121.140. Undertake all necessary efforts to allow for both parents to be able to act responsibly for the upbringing and development of the child (Austria).
121.141. Allow minors to change their legal gender by allowing the person exercising parental authority over the minor to file an application (Netherlands).
121.142. Amend the Marriage Law in the Faroe Islands to allow for same sex marriages (Iceland).
121.143. Refrain from banning or setting age limit on non-therapeutic circumcision of boys (Egypt).
121.144. Enact a legislation criminalizing defamation of religious symbols under the pretext of freedom of expression (Libya).
121.145. Eliminate any legislation or measures that discriminate on the basis of religion (United Arab Emirates).
121.146. Intensify its efforts in combatting hate crimes through the effective implementation of the new monitoring system provided for this purpose (Côte d’Ivoire).
121.147. Launch awareness campaigns and financially support NGOs working in the area of crimes related to prejudice and hate (Spain).
121.148. Condemn all hate crimes, discrimination and racial profiling (Malaysia).
121.149. Promote responsible freedom of expression in speeches and publications to curb hate crimes (Malaysia).
121.150. Continue strengthening efforts to combat hate crime (Morocco).
121.151. Continue to strengthen efforts taken by the police to combat hate crime based on ethnicity and ensure effective handling of such cases (Singapore).
121.152. Enact legislation which makes a distinction between the freedom of expression and hate speech and take measures to guarantee the representation of minorities in social and political areas (Saudi Arabia).
121.153. Intensify its efforts to combat hate speech, racist and xenophobic statements (Belarus).
121.154. Take further active steps to create equal opportunities for both men and women in the labour market, and to bridge the gender wage gap (Sweden).
121.155. Continue strengthening social programmes for the most vulnerable sectors of the population, in particular children, women, the elderly and those with disabilities belonging to minorities (Venezuela (Bolivarian Republic of)).
121.156. Ensure that all persons belonging to disadvantaged groups and marginalized groups have access to basic health care (Uganda).
121.157. Ensure continuous schooling of children following the decision on placement in alternative care (Slovenia).
121.158. Continue its efforts to ensure access to state education for all children, without regard to their legal status (Belarus).
121.159. Consider further actions to promote better access to education for children in Greenland and in the Faroe Islands (Estonia).
121.160. Pay special attention to accessibility and the physical environment of educational establishments in line with the suggestions of the National Council for Children (Spain).
121.161. Take effective measures to address the inequality in the status of minority languages (Djibouti).
121.162. Ensure that Inuit children can retain their identity and use their own language (Panama).
121.163. Strengthen policies and initiatives to promote tolerance towards and integration of ethnic minorities in all spheres of society (Singapore).
121.164. Strengthen the employment and education rate among refugees and migrants (South Africa).
121.165. Continue its experimental programme on access to mother tongue education for children belonging to minority groups (State of Palestine).
121.166. Recognise the Thule tribe as a distinct indigenous community in power to claim its traditional rights (Bolivia (Plurinational State of)).
121.167. Fulfil obligations and commitments under international law to enhance efforts to combat hate crimes, especially those targeting refugees, migrants and based on religious background (China).
121.168. Adopt comprehensive immigration legislation consistent with their human rights obligations, to ensure non-discrimination and the effective integration of immigrants (Honduras).
121.169. Continue working to improve its treatment of migrants and refugees in a transparent manner, and with full respect for human rights, especially those of women and children (Japan).
121.170. Increase the security in the shelters for unaccompanied migrant children; investigate cases of disappearances of children from these centres (Mexico).
121.171. Ensure that all relevant international conventions and protocols are respected, and that migrants, particularly children, have access to basic services and are housed in suitable conditions (New Zealand).
121.172. Step up efforts to tackle structural discrimination faced by minority groups, non-citizens and refugees, especially with regard to employment, education, housing, health services, and access to justice (Republic of Korea).
121.173. Take measures to prevent discrimination against migrants and refugees in access to the labour market, as well as to health care and education (Russian Federation).
121.174. Review the legal framework on asylum, migration and immigration and repeal the provisions on denial of stay in the country and expulsion for reasons of national security which contravene the international standards to which Denmark is a party (Mexico).
121.175. Review and improve the practices related to the care of asylum seekers (Costa Rica).
121.176. Step up efforts towards the prevention of discrimination against refugees and asylum seekers by repealing recent laws and methods perpetuating those practices (Greece).
121.177. Ensure that the best interests of the child are fully considered when deciding on asylum applications (Namibia).
121.178. Ensure that changes in the asylum laws and regulations are compliant with international human rights standards (Philippines).
121.179. Exempt all asylum-seeking and migrant children from detention and grant them access to education through integration into mainstream public schools (Portugal).
121.180. Ensure that asylum seekers and children of refugees receive the same quality of education as other children in Danish schools (Afghanistan).
121.181. Ensure further protection to refugees and asylum seekers (Algeria).
121.182. Ensure that the treatment of asylum seekers remains in accordance with the international conventions and protocols that Denmark has signed up to (Austria).
121.183. Ensure that the best interests of the child are fully considered when deciding on asylum cases (Austria).
121.184. Ensure that the best interests of the child are fully considered when deciding on asylum cases and to uphold international obligations under the 1951 Refugee Convention (Iceland).
121.185. Take further steps in order to protect the right to family reunifications for refugees, giving emphasis to child rights (Greece).
121.186. Grant the right to family reunification to all refugees (Guatemala).
121.187. Allow persons originating from countries in conflict and other situations of violence and thus granted temporary subsidiary protection status to initiate family reunification proceedings during their first year in Denmark (Portugal).
121.188. Take further measures to facilitate family reunification (Turkey).
21.189. Take the necessary legal measures to ensure the right to family reunification of children aged over 15 years (Argentina).
121.190. Importance be given to guarantee that refugees who fall into the category of “war refugees” are given the right to family reunification (Bahrain).
121.191. Grant expedited family reunification to refugees who are entitled to asylum due to the general situation in their home country, in particular “war refugees” (Brazil).
121.192. Ensure that persons with temporary protection status have the right to immediately initiate family reunification proceedings, and that the age limit for family reunification for children be raised from 15 to 18 (Ireland).
121.193. Continue to implement the measures necessary to find solutions for stateless persons (Colombia).
121.194. Take further measures to ensure that its national citizenship legislation complies fully with the 1961 Convention on the Reduction of Statelessness (Finland).
121.195. Strengthen measures to promote citizenship (South Africa).
121.196. Adopt a legal framework to facilitate the granting of residence permits to child victims of trafficking and to grant citizenship to all children born in Denmark that otherwise would be stateless and thus more vulnerable to exploitation (Mexico).
121.197. Carry out an inclusive, evidence-based evaluation of the Danish anti- terrorism legislation, as previously recommended (Netherlands).
121.198. Continue to honour its commitment to development aid to help developing countries better achieve the right to development (China).
121.199. Continue its development assistance to the developing countries for better realization of socio-economic rights as part of a globally inclusive and sustainable development agenda (Nepal).
Danmarks svar
121.3, 121.4, 121.11, 121.12, 121.13, 121.14, 121.37, 121.56, 121.57, 121.59, 121.61, 121.62, 121.63, 121.69, 121.70, 121.71, 121.72, 121.73, 121.74, 121.77, 121.79, 121.80, 121.81, 121.82, 121.83, 121.84, 121.86, 121.87, 121.88, 121.89, 121.90, 121.91, 121.92, 121.93, 121.94, 121.95, 121.96, 121.97, 121.98, 121.100, 121.104, 121.105, 121.106, 121.107, 121.108, 121.109, 121.110, 121.112, 121.114, 121.115, 121.116, 121.117, 121.119, 121.122, 121.123, 121.127, 121.138, 121.140, 121.143, 121.146, 121.147, 121.148, 121.149, 121.150, 121.151, 121.153, 121.154, 121.155, 121.156, 121.157, 121.158, 121.160, 121.163, 121.164, 121.167, 121.168, 121.169, 121.171, 121.172, 121.173, 121.177, 121.178, 121.180, 121.182, 121.183, 121.184, 121.189, 121.193, 121.194, 121.195, 121.198, 121.199.
Accepted.
121.1, 121.2
Noted. Denmark is a party to the Covenant itself and to six individual communications procedures in the UN system. DK finds that many social and economic rights entail important macro-economic choices, which DK believes are better decided upon in a parliamentarian setting – rather than in an expert committee in the isolated context of an individual complaint.
121.5-121.10
Noted. Denmark has ratified all ILO core conventions on worker’s rights, which also apply to foreign nationals legally residing in Denmark. It is a fundamental problem that the Convention on Migrant Workers does not consistently distinguish between legally residing and illegally staying workers. Granting social rights to irregular migrant workers is not an option as it would undermine the welfare state and encourage more illegal migration.
121.15, 121.20
Accepted in part. The ICPPED will be ratified when the necessary legislative amendments have been passed.
As to incorporation of a number of human rights treaties: Denmark finds that incorporation might entail moving the responsibility for compliance with our international obligations from the Parliament to the courts. Denmark finds that it is important that this responsibility remains with the elected representatives. All the treaties are relevant sources of law in Denmark. Although not incorporated into Danish law, the treaties can be and are indeed invoked before and applied by the Danish courts and other national authorities.
121.16, 121.17
Noted. Thorough tripartite consultations have been carried out on the subject of a possible Danish ratification of the Domestic Workers Convention. On this basis it is the Government’s assessment that Denmark to a large extent already meets the requirements in the Convention. However, it is also the assessment that a Danish ratification would require legislative measures that would have unintended implications on the Danish collective agreements that already ensure decent work conditions for domestic workers.
121.18, 121.19
Noted. Denmark finds that accession to Protocol No. 12 might entail a risk of a shift in the powers conferred upon the legislature to decide, what could serve as a legitimate basis for differential treatment, to the courts and – as a last resort – the European Court of Human Rights.
121.21, 121.22
Accepted in part. In 1992, Denmark incorporated the European Convention on Human Rights. As regards UN Human Rights treaties, see response to 121.15.
121.23, 121.24, 121.29 Accepted. Denmark considers that the Danish Criminal Code is in line with CERD.
121.25, 121.26, 121.64, 121.66, 121.67, 121.68, 121.76
Accepted in principle. Denmark attaches great importance to combatting discrimination. All citizens are equal before the law, and public authorities must not discriminate citizens on any ground. Danish law also contains a number of acts on non-discrimination. As regards discrimination based on disability, the Government is currently considering adequate measures. Also, the Board of Equal Treatment is considering complaints of discrimination on a number of grounds. The Board may award compensation and invalidate dismissals.
121.27, 121.28
Accepted in part. According to the Constitution, persons who have been declared legally incapacitated do not have the right to vote and to stand as candidates in Parliamentary elections and are precluded from voting in referendums. There are no constitutional restrictions on the right to vote and to stand as candidates for such persons in relation to local, regional and European Parliament elections, but presently such restrictions are imposed by law. In February 2016, the Government introduced a bill to the Parliament revoking these restrictions.
121.30
Noted. Under Danish law it is possible to disband organisations whose purpose it is to promote racial discrimination or hate speech.
121.34
Noted. The regulatory framework in place is adequate, sufficient and in accordance with Denmark’s international obligations.
121.35
Noted. The Standing Committee on Criminal Law has been asked to assess whether there is a need to amend provisions on the right to privacy and defamation. The Danish Government will await the report from the Committee before making a final decision in this matter.
121.36
Accepted. See response to 121.25. Discrimination on the grounds of ethnicity and gender is explicitly prohibited by law.
121.38
Noted. Denmark finds that the bill respects Denmark's international human rights obligations, an opinion shared by Denmark’s National Human Rights Institution.
121.39
Noted. Denmark finds that the current rules are in accordance with Denmark’s international obligations.
121.40
Accepted. Currently, Denmark has not planned a counter-terrorism legislation review. Any necessary amendments will be in full compliance with Denmark’s human rights obligations.
121.42-121.45
Noted. The current mandate of the Ombudsman’s Special Office for Children is considered fully adequate, and free counselling and advisory service and free legal assistance is ensured to children in the social system already.
121.46, 121.47
Noted. An inter-ministerial committee on a regular basis reviews national and international recommendations to Denmark, and a number of thematic action plans are already in force. Denmark considers that a national action plan would not add value to the current situation.
121.48-121.53, 121.60, 121.75
Accepted in principle. Denmark has taken and will continuously take a number of measures to prevent discrimination, intolerance and racism, and to preserve freedom of belief and to promote intercultural dialogue. Minority groups and non-citizens legally residing in Denmark enjoy equal access to, inter alia, employment, education, housing, health services, and to justice.
121.55
Accepted. Corporate social responsibility and good corporate behaviour are Danish priorities. The Mediation and Grievance Mechanism for Responsible Business Conduct is an institution which addresses such issues established on the basis of the UN Guiding principles on Business and Human Rights and the OECD guidelines for Multinational Enterprises. Denmark will implement the recommendation according to its national and international obligations.
121.58
Accepted. Denmark has a vibrant political debate-culture. In this free debate a large number of highly placed state officials and politicians have taken clear stances against racist and xenophobic political discourse.
121.65
Accepted in principle. See response to 121.25. Furthermore, the Criminal Code contains provisions regarding racism.
121.78
Noted. The Criminal Code already contains a prohibition against hate-speech, and several steps have been taken to effectively investigate and prosecute such cases. Denmark does not accept the premise that there is a need to fight hate speech in state institutions.
121.85
Noted. See response to 121.78. Denmark will continue to take a number of measures to promote inter- religious and inter-cultural dialogue in society. Denmark does not accept the premise that there is widespread hate-speech regarding muslims in the political debate.
121.99
Accepted. Denmark does not accept the premise that there is ethnic segregation in Danish schools.
121.101
Accepted in part. LGBT persons have equal access to public health. Denmark finds that the legislation on gender reassignment contains relevant safeguards.
121.102
Noted. Associations can only be dissolved, if the conditions in Section 78 of the Danish Constitution are met. See response to 121.30.
121.103
Noted. See response to 121.48. Denmark does not accept the premise of "rampant hate speech" in the social media.
121.113
Accepted. The Danish Independent Police Complaints Authority was established in 2012.
121.120
Accepted in principle. Denmark finds its legislation in accordance with Denmark’s international obligations and will consider all treaty body recommendations on this matter.
121.121
Noted. Denmark finds the existing mechanisms for the assistance of victims of trafficking fully adequate.
121.124
Accepted. Denmark considers that adequate legislation is in place.
121.125
Accepted. Temporary residence permits may be issued to foreign nationals, whose presence in Denmark is required for the purpose of investigation or prosecution. Victims of trafficking may – as all other foreign nationals staying in Denmark – apply for asylum or a residence permit on other grounds.
121.126
Accepted. An inter-ministerial working group published a report on the alleged CIA rendition flights in 2008, and the Danish Institute for International Studies carried out an investigation in 2012.
121.128
Accepted in principle. Denmark is planning to carry out a reform on youth crime. If reformed, the age of criminal responsibility will remain in line with international standards.
121.129, 121.132, 121.133
Accepted in part. The conditions for the use of solitary confinement of persons under 18 are very strict and the possibility of such confinement is only used in exceptional cases. Persons under 18 are only placed outside juvenile departments if it is assessed to be for the benefit of the individual.
121.130
Noted. No admission, examination, treatment or care can be initiated or continued without informed consent of the patient, unless otherwise provided for by the Psychiatric Act. Compulsory treatment is only permissible, if a patient is insane or in a condition similar to insanity.
121.131
Accepted. The Danish Administration of Justice Act already contains alternative measures to pre-trial detention.
121.134, 121.135
Noted. See response to 121.129. Denmark does not plan to introduce an absolute ban on solitary confinement of persons under 18.
121.136
Accepted in part. See response to 121.129 and to 121.134.
121.137, 121.139
Accepted. Danish legislation promotes and protects family life. Denmark leaves it to the citizens to decide how to organize their family life. Thus, a family may establish itself within the concept of marriage (same sex or other) or cohabitation or as couple not living together or as a person living alone. The different possibilities for establishing family life form the basis of childhood and the formation and well-being of children.
121.141
Noted. The question is currently subject to further consideration in Denmark.
121.144
Noted. Denmark does not plan to enact new legislation on this matter. The Criminal Code may possibly, depending on the circumstances, be applicable e.g. in case of the public burning of religious books such as the Bible or the Quran.
121.145
Accepted. No Danish legislation discriminates on the basis of religion. Furthermore, minority groups and non-citizens legally residing in Denmark enjoy equal access to, inter alia, employment, education, housing, health services, and to justice.
121.152
Accepted in part. Hate-speech is a criminal act. Denmark has taken several steps to increase participation of ethnic minorities in social and political areas. In Denmark, anyone with franchise for national elections has the same rights and opportunities to vote and stand for elections and to join politics. Foreigners can vote and stand as a candidate on an equal footing with Danish nationals at local elections, when they have resided in Denmark (the realm) for three years.
121.161
Accepted (kindly note that Denmark understands the recommendation of Djibouti as delivered in French during the review and subsequently distributed in writting as: "Concernant l’assistance pour les réfugiés, les immigrés, et les groupes minoritaires devant les tribunaux, nous recommandons au Danemark de prendre des mesures efficaces pour remédier la qualité inégale des langues minoritaires."). A committee established to secure a higher quality of interpretation resources is looking into determining and improving interpreter skills and expects to put recommendations forward mid-2016.
121.165
Accepted. The program continues until mid-2016, where the Government will consider a continuation in light of results.
121.170
Noted. Unaccompanied minors are being accommodated in special children's centres staffed 24 hours a day by professional personnel. If an unaccompanied minor is discovered missing, the police issue a nationwide warrant and the local authority, and the child's personal representative are informed. Denmark does not accept the premise that the current security is insufficient.
121.174
Noted. Denmark considers its legislation in full conformity with Denmark’s international obligations.
121.175
Noted. The Danish Immigration Service is responsible for providing for asylum-seekers which includes accommodation, necessary social measures, access to necessary medical treatment etc. Denmark does not accept the premise that the practices related to the care of asylum seekers need improvement.
121.176
Noted. Denmark considers that the current Danish Aliens Act is non-discriminatory and in accordance with Denmark's international obligations.
121.179
Accepted in part. As a main rule, asylum seeking minors and minors with illegal stay cannot be detained. In special cases, detention may however be necessary in order to ensure, inter alia, their return. Asylum- seeking children are subject to compulsory school attendance. All migrant children residing legally in Denmark enjoy equal access to education.
121.181
Noted. Denmark considers that refugees and asylum seekers in Denmark are adequately protected and that this protection is in accordance with Denmark's international obligations.
121.185, 121.188
Noted. The rules regarding family reunification for refugees, particularly persons with temporary protection status, were amended most recently in 2015 and 2016. The rules regarding family reunification with children were amended in 2012. Denmark finds its regulation in accordance with Denmark’s international obligations.
121.186
Accepted in principle. Denmark finds its regulation on family reunification in accordance with Denmark's international obligations, including the right to family life. As the main rule refugees have the right to family reunification with their spouse/partner and children in Denmark if they cannot live together in for example the spouse/partner’s country of origin. For foreigners with temporary protection status see response to 121.90.
121.187, 121.191
Noted. See response to 121.190.
121.190
Accepted. Foreigners with temporary protection status have the right to family reunification, but the right is in general postponed for 3 years in the light of the special temporary residence status. Exceptions to the postponement shall be made in all cases where Denmark’s international obligations so require.
121.192
Noted. See response to 121.190. The purpose of the age limit is, inter alia, to ensure integration of the child.
121.196
Accepted in part. See response to 121.125. The current political agreement on naturalisation includes a specific chapter dedicated to stateless applicants born in Denmark covered by the 1961 UN Convention on Reduction of Statelessness and the 1989 UN Convention on the Rights of the Child.
121.197
Accepted in principle. Substantive counter-terrorism initiatives have been launched since the 2015 attacks in Copenhagen. Once the effects of these initiatives are known, Denmark sees the merits of a general evaluation of Danish counter-terrorism efforts.
The Faroes have responded to the following recommendations:
121.31, 121.32, 121.33 Accepted. The Faroese Government is working on amending the Penal Code.
121.41
Accepted. The Faroes have appointed a task force to examine and make recommendations on National Human Rights Institution models that could fit the Faroese society
121.54
Accepted. An independent mechanism to defend the rights of children is already in place on the Faroes.
121.142
Accepted in principle. A proposal on amending the Marriage Law to allow same-sex marriages has been submitted to Parliament.
121.159
Accepted. The enrolment rates for primary and lower secondary schools are 100%.
Greenland has responded to the following recommendations:
121.111Accepted. The Greenlandic Government has adopted an action plan to prevent and combat sexual violence and abuse of vulnerable people which is currently being implemented.
121.118
Accepted. The Government of Greenland has already taken measures to improve the overall quality and competences of the municipal case handling concerning children. An action plan for preventing substance abuse has been launched and rehabilitation centres will be established in all municipalities.
121.159
Accepted. The enrolment rates for primary and lower secondary schools are 100%.
121.162
Accepted.
121.166
Noted. The Danish Government and the Government of Greenland refer to the declaration made by the Danish Government, acceded to by the Government of Greenland, in line with Denmark’s ratification of the ILO Convention no. 169 on Rights of Indigenous and Tribal Peoples.
According to this declaration, section 1, Denmark has only one indigenous people in the sense of the convention, namely the indigenous peoples in Greenland (the Inuit). Moreover, the Danish Supreme Court has ruled that the Thule Tribe does not constitute a tribal people or a distinct indigenous people within or co-existing with the Greenlandic people as a whole.
