Center for Juridisk Tjeneste, Kontoret for Folkeret og Menneskerettigheder
Asiatisk Plads 2 1448 København K E-mail: tomkon@um.dk
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S U B M I S S I O N O N T H E D R A F T N A T I O N A L R E P O R T O N T H E R E C O M M E N D A T I O N S O F T H E U N H U M A N
R I G H T S C O U N C I L U N D E R T H E U N I V E R S A L P E R I O D I C R E V I E W
The Danish Ministry of Foreign Affairs has by e-mail of 6 November 2020 invited the Danish Institute for Human Rights (the Institute) to comment on the Government’s draft report to the Universal Periodic Review mechanism (UPR).
As Denmark’s national human rights institution, the Institute welcomes the opportunity to comment on the draft report. The Institute would like to draw the following comments and recommendations to the at- tention of the Ministry of Foreign Affairs:
CROSS-CUTTING REMARKS ... 2
Implementation of earlier UPR recommendations ... 2
Implementation of voluntary pledges in the UN Human Rights Council ... 3
Reference to recommendations ... 3
INTRODUCTION ... 3
EQUALITY AND NON-DISCRIMINATION ... 4
GENDER EQUALITY ... 4
SEXUAL HARASSMENT ... 5
PERSONS WITH DISABILITIES ... 5
HATE SPEECH AND HATE CRIMES ... 6
INTEGRATION OF IMMIGRANTS ... 6
ELECTIONS ... 7
DOMESTIC VIOLENCE AND SEXUAL ABUSE ... 7
ASYLUM AND IMMIGRATION ... 8
Family Reunification ... 9
TRAFFICKING IN HUMAN BEINGS ... 9
ANTI-TERRORISM ... 9
CITIZENSHIP ... 10
DEPRIVATION OF LIBERTY ... 10
FREEDOM OF SPEECH, ASSEMBLY, RELIGION AND BELIEF ... 11
HEALTH ... 12
MENTAL HEALTH ... 13
CHILDREN AND FAMILIES... 13
SOCIAL SECURITY AND AN ADEQUATE STANDARD OF LIVING ... 13
Promoting tolerance/protecting minority groups... 15
CROSS-CUTTING REMARKS
Implemen tation of earlier UPR recommendations
While the State is left a discretion as to what to include in its national report, it follows from Human Rights Council Resolution 16/21,1 that the 2nd and subsequent cycles of the Universal Periodic Review should focus on, inter alia, the implementation of the accepted recommenda- tions and the developments of the human rights situation in the State under review.
As such, States are encouraged to focus their contribution on assess- ments of implementation of past recommendations from previous cy- cles and the impact thereon. Such an assessment of implementation was made in Denmark’s mid-term report from 2018. The Institute notes, that the draft national report to third cycle under UPR does not include an updated evaluation of the implementation of recommenda- tions accepted during the 2nd cycle. In this regard, the Institute sug- gests that the Ministry of Foreign Affairs include an annex to the draft national report containing a thematically clustered table of the latest UPR recommendations to Denmark and an assessment of the status of implementation of each recommendation for the period covering 2018- 2020.
The Institute is of the view that a response to international recommen- dations under the auspices of UPR should generally contain information that elaborates on the challenges so that it is possible to assess the states' follow-up on the recommendations.
Beyond providing broad updates on progress on the implementation of all accepted recommendations, it would be desirable for the Ministry of Foreign Affairs to provide more detailed information on progress or lack thereof vis-à-vis the implementation of recommendations related to the most urgent human rights challenges in Denmark.
Implemen tation of voluntary p ledges in the UN Human Rights Counc il
In September 2018 Denmark was elected as a member of the Human Rights council for the period covering 2019-2021. It follows from deci- sion no. 17/119 on Follow-up to the Human Rights Council resolution 16/21, with regard to the universal periodic review, Section II, para. 2 (C),2 that States are advised to include in their national reports the sta- tus of implementation of voluntary pledges, including those made in the context of membership of the Human Rights Council.3
• The Institute recommends that the Ministry of Foreign Affairs in- clude a status of implementation of voluntary pledges in the draft report.
Referenc e to rec ommendations
The institute notes that throughout the draft report number references appears to follow the numbering of recommendations used in the mid- term report as opposed to the more authoritative sources of the rec- ommendations. The Institute is of the opinion that the numbering should refer to the numbering in either Report of the Working Group on the Universal Periodic Review (A/HRC/32/10)4 or the Report of the Working Group on the Universal Periodic Review
(A/HRC/32/10/Add.1).5
• The Institute recommends the Ministry of Foreign Affairs make use of the accurate reference numbering and in this regard when refer- ring to the recommendations in endnotes clearly identify the rec- ommendations by number, document number, relevant cycle.
In the following, the institutes’ comments follow the systematics in the draft national report:
INTRODUCTION
In section 2 reference is made to the four open public meetings ar- ranged in preparation of the national report to the Universal Periodic Review in Denmark. While acknowledging that at the time of drafting of the report, the 5th public meeting on 2 December 2020 is still to be con- ducted in Nuuk, Greenland in December 2020.
• The Institute recommends that the Ministry of Foreign Affairs up- date section 2 to accurately reflect that five public meetings shall be/has been conducted in the Kingdom of Denmark.
Section 3 states that, ‘the report gives an account of follow-up on the recommendations Denmark accepted after the previous review’. The Institute notes that Government during the 2nd cycle of the UPR
accepted 199 recommendations while 14 recommendations were noted.1 Moreover, the Institute notes that no recommendations is con- sidered by the Government to be ‘fully implemented’.
• The Institute recommends that the Ministry of Foreign Affairs spec- ify the status of implementation of a recommendation (full imple- mentation of recommendations, partial implementation of recom- mendations etc.)
It follows from decision no. 17/119 on Follow-up to the Human Rights Council resolution 16/21, with regard to the universal periodic review,6 that the State is advised to provide a description of the national follow- up process. While reference is made to the inter-ministerial Human Rights Committee, in section 2, little information is provided as to the Committees’ actual involvement in the follow-up process. Likewise, the report is silent on the involvement of the parliament and the judiciary.
• The Institute recommends that the Ministry of Foreign Affairs in- clude a description of the national follow-up process including whether a standing coordinating body for implementation and re- porting has been set up and how it has been included in the follow- up process.
EQUALITY AND NON -DIS CRIM INAT ION
In the draft national report reference is made to recommendation 120.36 (121.36) whereby Denmark accepted a recommendation to eliminate discrimination against migrants, and especially migrant women.7 As well as the accepted recommendation to refrain from pass- ing discriminatory legislation that are based on bias against foreigners and refugees, recommendation 120.37 (121.37).
While the State is left with a wide margin when implementing recom- mendations, it is unclear to the Institute how the supported recommen- dations have been implemented or followed-up on. If the State consid- ers the recommendation fully implemented, details on how the action has been completed and assessment on impact on the ground should be provided.
• The Institute recommends that the Ministry of Foreign Affairs in the draft section on equality and non-discrimination specify how recom- mendation 120.36 (121.36) and 120.37 (121.37) have been imple- mented.
GENDER EQUALITY
The institute notes that Denmark in 2019 amended the Law on Gender Equality in relation to gender equality reports. Whereby the frequency
was changed from two to three years between each gender equality re- ports from public authorities.
The Institute notes that a report made by Rambøll Management Con- sulting, where 22 municipalities, three regions and nine state authori- ties participated, shows that most authorities have decentralised the equality work. One recommendation in that report is to maintain the two-year interval of the gender equality reports.8
• The Institute recommends that the Ministry of Foreign Affairs in light of the legislative change reflect on the change as follow-up on recommendation no. 120.69.
SEXUAL HARASSMENT
Sexual harassment has been in focus and well debated in the Danish media from August to December 2020, after large groups of women from different sectors publicly stated that sexism still exists in their workplaces. Moreover from 2012 to 2016 there has been a steady rise in the number of people who have experienced sexual harassment within the last 12 months in the workplace.9
In general, data collection on sexual harassment does not provide a specific and consistent overview of sexual harassment in Denmark.
Furthermore, very few civil cases on sexual harassment are tried`in courts in Denmark, and even fewer are decided in favour of the ag- grieved party. From 2016-2019 there were only four cases regarding sexual harassment in the Danish courts, and none of the cases were de- cided in favour of the aggrieved party.10
While sexual harassment is mentioned in the draft the Institute does not find that the section accurately reflects developments in the area.
• The Institute recommends that the Ministry of Foreign Affairs pro- vide details on how victims of sexual harassment achieve justice, in- cluding on the rules regulating the burden of proof as well as reflect on the current national discussion on sexual harassment.
PERSONS WITH DISABIL ITIES
Section 16 in the draft report provides that the the Act on Prohibition against Discrimination on Grounds of Disability prohibits discrimination outside the labor market on grounds of disability. Moreover, section 29 provides that it has been agreed to provide reasonable accommodation in day cares and public primary schools through an amendment to the act.
• The Institute recommends that the Ministry of Foreign Affairs spec- ify that the Act on Prohibition against Discrimination on the
Grounds of Disability does not protect against discrimination in the
form of denial of reasonable accommodation as well as lack of com- pliance with accessibility standards outside day cares and public schools; and
• The Institute recommends that the Ministry of Foreign Affairs state why reasonable accommodation and accessibility outside day cares and public schools is omitted as part of the protection against dis- crimination towards persons with disabilities in Denmark outside the labour market.
Section 30 in the report provides that the Danish Government set to in- crease the number of persons with disabilities in employment by 13,000 through a number of initiatives by 2025. In this regard, the Insti- tute notes that in 2016 only 56 percent of persons with disabilities in Denmark were employed. The corresponding number for persons with- out disabilities was 77 percent. Thus, almost half of all persons with dis- abilities are unemployed and there is a notable employment gap be- tween persons with disabilities and persons without disabilities.11
• The Institute recommends that the Ministry of Foreign Affairs in- clude figures on the employment status for persons with disabili- ties.
HATE SPEECH AND HAT E CRIMES
Section 32 in the draft report provides that the National Police releases an annual report on hate crimes. In October 2020, the Danish National Police published its report on hate crimes committed in Denmark dur- ing 2019. The report shows that the number of registered reports on hate crimes has increased by almost 27 percent from 2018 to 2019. In 2019, the police registered 569 criminal offences as hate crimes out of which 312 were related to race and ethnic origin and 180 were related to religion. In 2018, the total number of criminal offences registered as hate crimes was only 449.12
• The Institute recommends that the report reflect the increasing number of hate crimes registered by the police.
INTEGRATION OF IMMIG RANTS
Section 37 in the draft report provides that the Government in its inte- gration efforts puts a particular focus on increasing the employment rate amongst refugee and migrant women. The Institute welcomes this aim. However, the measures mentioned to achieve this aim lack atten- tion to the differential treatment towards minority groups that are tak- ing place in the labour market.
• The Institute recommends that the Ministry of Foreign Affairs ad- dress that new research from the University of Copenhagen docu- ments that the chances of being invited to a job interview and find
employment are significantly lower for applicants with an ethnic mi- nority background, in particular, if they also wear a hijab.1314
ELECTIO NS
Recommendation no. 120.27 and 120.28 (121.27/121.28) on amending the relevant laws to ensure that all persons with disabilities could vote and stand for election were ‘noted’ by the Government. The Institute welcomes the follow-up on these noted recommendations.
Section 39 in the draft report states that the Danish Parliament in 2018 amended the Guardianship Act, introducing the possibility that a per- son may be partially deprived of their legal capacity to act so that more people would be allowed the right to vote at parliamentary elections.
The Institute notes that the amendment to the Guardianship Act so far only has been applied to a very limited extent.
• The Institute recommends that the Ministry of Foreign Affairs pro- vide information on the preliminary experiences with the amend- ment, including numbers on how many persons have partially been deprived of their legal capacity and whether there are any plans on evaluating the effect of the amendments.
DOMESTIC V IOLENCE AN D SEXUAL ABUSE
Sections 40-53 in the draft report relate to recommendation no. 120.69 (121.69), accepted by Denmark, on adopting the necessary legislative measures to ensure the integration of a gender perspective in all public policies.
The Institute notes, that there has been a gradual political change in Denmark regarding the perception of violence which has led to a
broader perception of violence as a phenomenon that affects both men and women. In the Danish national action plans from 2002-2019, gen- der neutral terms are seen, and the gradual move from a conceptualisa- tion of violence as: “violence against women” to “violence in close rela- tionships” increasingly portrays violence as a phenomenon that can be seen separated from gender dynamics.15
The use of gender neutral terms can potentially lead to an inadequate understanding of the gendered dimensions of violence and potentially a lack of data on gender-based violence.
The Institute notes that GREVIO (Group of Experts on Action against Vi- olence against Women and Domestic Violence) criticized Denmark for
the use of gender neutral terms when addressing issues of violence in 2017.16
• The Institute recommends that the Ministry of Foreign Affairs pro- vide information as to what measures the government has taken to support the integration of a gender perspective in national action plans on domestic violence.
ASYLUM AND IMMIG RATIO N
Section 54 in the draft report relates to accepted recommendations no.
120.168, 120.169, 120.182, 120.178 (121.168, 120.169, 120.182, 120.178). The Government states that it pursues an immigration policy that is in full conformity with Denmark’s international obligations.
While there has been a change of Government since the 2nd UPR cycle, the Institute notes that the asylum and refugee policy of the current Danish Government, like the former, explicitly goes ‘to the edge of’
Denmark’s international obligations.17 In this regard, the Government has shown a willingness to take a ‘procedural risk’ in relation to compli- ance with Denmark’s international obligations.18 Moreover, have sev- eral United Nations treaty bodies, including the Human Rights Commit- tee, concluded in individual communications that Denmark has been in breach of its international obligations in the area of asylum and immi- gration since 2015.19
The Institute further observes that Denmark has recently been found to be in breach of its obligations under Article 3 of the European Conven- tion on Human Rights in the case of Savran v. Denmark,20 albeit cur- rently pending before the Grand Chamber of the European Court of Hu- man Rights.
• The Institute recommends that the Ministry of Foreign Affairs either change the term ‘full conformity’, underline that the statement is an assessment or amend it to make clear that ‘full conformity’ is the aim for Denmark.
In section 60 and 61 of the draft report it is noted that Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) inspected Ellebæk Centre for Foreigners which resulted in a renovation of the facility. However, the government does not mention that the CPT found the prison-like living conditions at the centre unacceptable.21
• The Institute recommends that the government’s reporting on the CPT visit in 2019 also reflect the serious criticism by the Committee of the living conditions in the centre.
Family R eunification
In section 65 of the draft report the Government refers to refugees with temporary subsidiary protection status and their limited right to family reunification (three years waiting time after residence permit is ob- tained). The Institute notes that several human rights mechanisms, in- cluding the Council of Europe’s Commissioner for Human Rights, be- lieve that the three-year waiting time violates the right to family life protected by the European Convention on Human Rights article 8.22 The Institute notes that Denmark accepted in principle recommendation no.
120.190 and 120.186 (120.190 and 120.186) relating to family reunifica- tion.
• The Institute recommends that the Government in paragraph 65 re- fer to the case concerning the specific waiting period for this group of refugees pending before the European Court of Human Rights.23
TRAFFICKING IN HUMAN BEINGS
In section 67 of the draft report the Government describes that a Na- tional Operation Plan on Combating trafficking has been developed to strengthen the efforts to handling cases of trafficking.
The Institute notes, that the Danish Government Centre Against Human Trafficking released a report in October 2020 describing trafficking in Denmark in 2019. In the report it is described that 64 people were iden- tified as victims of trafficking in 2019 while only 7 people were indicted and 14 charged same year. Not a single person was convicted of human trafficking in Denmark in 2019.24
• The Institute recommends, that the government refer to the above- mentioned report which shows important and updated statistics on the area of trafficking in Denmark.
ANTI-T ERRORISM
In section 70 of the draft report, information is provided on a review that is being conducted on the legislation regarding the Danish Security and Intelligence Service.
However, recent developments regarding the Danish Defence Intelli- gence Service and the Danish Intelligence Oversight Board and its con- nection with and implications for the review regarding the Danish Secu- rity and Intelligence Service is not reflected.25
• The Institute recommends that the description on the review is re- vised considering recent developments of importance to the review.
CIT IZENSHIP
In section 71 and 72 of the draft report, the Government provides ac- count of supported recommendations no. 120.194-120.196 (121.194- 121-196), which includes a recommendation on taking further
measures to ensure that its national citizenship legislation complies fully with the 1961 Convention on the Reduction of Statelessness.
The Institute notes that on 26th June 2020, in a reply to Parliament the Minister of Immigration and Integration stated that a dialogue with rel- evant organisations and like-minded countries will take place to en- hance the possibility of depriving Danish ‘foreign fighters’ of their citi- zenship. The letter states that the dialogue will take its point of depar- ture in the protection of the conventions against statelessness, includ- ing the statelessness convention, is in some cases too far-reaching.26
• The Institute recommends that the Ministry of Foreign Affairs pro- vide information as to what measures the government has taken and how the support of this recommendation is in line with notion that the 1961-Convention is deemed too far-reaching.
Furthermore, a recent report by the UNCHR maps out the issue on statelessness in Denmark and shows that gaps exist in the protection against statelessness, including on nationality legislation allow situa- tions where a child might be left stateless for an extended period of time.27
• The Institute recommends that the Ministry of Foreign Affairs give account of the gaps in the protection against statelessness.
DEPRIVATION OF LIBERTY
In section 78 of the draft report, information is provided on the use of solitary confinement of children, including that the use hereof is very strict and only used in exceptional cases. While the Institute welcomes the follow-up on the noted recommendation 120.129, 120.133 and 120.136 (120.129, 120.133 and 120.136); the Institute notes that in 2018 the Government took steps to minimize the use of solitary con- finement of minors with the Act Amending the Act on the Enforcement of Punishment, etc., the Administration of Justice Act, the Penal Code and the Act on the Primary School.28 The possibility of the use of soli- tary confinement of minors is reduced to no more than seven days and generally a maximum of three days for inmates or custodians who are minors. However, these time limits do not apply to young people who engage in violence against prison staff.
• The Institute recommends that the Ministry of Foreign Affairs pro- vide statistical data in support of the claim that solitary confinement of persons under 18 is only used in exceptional cases as stated.
The Institute notes the decision no. 17/199, as a general guideline to States, underlines that the review should focus on the ‘identification of achievements, best practices, challenges and constraints in relation to the implementation of accepted recommendations and the develop- ment of human rights situations in the State’.29
Since the 2nd UPR cycle the use of prolonged solitary confinement as a disciplinary measure has significantly increased in Denmark which has been criticised by international human rights monitoring bodies, such as the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).30 The Institute notes that the Government has indicated that the Prison and Probation Service and the Ministry of Justice is currently considering whether there is a need to alter the rules, including the use of solitary confine- ment.31
Against this background, the Institute considers that the draft national report should give account of the development in Denmark on the use of prolonged solitary confinement in the section of deprivation of lib- erty.
• The Institute recommends that the Ministry of Foreign Affairs in- clude a section in the report on the use of prolonged solitary con- finement as a disciplinary measure.
FREEDOM OF SPEECH, ASSEMBLY, RELIGION AN D BELIEF In section 81 of the draft report, information is provided on the adop- tion of the Act on Religious Communities, as a positive step towards tol- erance and respect of religious diversity. However, the section does not mention the fact that the Act does not include non-religious life- stance associations, which are protected as part of the freedom of reli- gion or belief according to Denmark’s international obligations, includ- ing the International Covenant on Civil and Political Rights. In this re- gard the former UN Special Rapporteur on Freedom of Religion or Be- lief, Heiner Bielefeldt, in relation to his country visit in Denmark in 2016, stressed the importance of interpreting freedom of religion in light of international human rights standards,32 and recommended that the Act, which was under way at the time of his visit, include life-stance organisations ‘not based on a belief in God or a transcendent power.’33 This recommendation was not followed and legislation addressing life- stance organisations has not subsequently been adopted.
• The Institute recommends that the draft report provide information on the fact that Denmark has not yet adopted legislation regulating non-religious life-stance associations protected by freedom of reli- gion or belief.
In section 83 and 84, the report provides information on the ban adopted in 2018 on facial covering. The sections do not mention that this ban primarily affects some Muslim women. Moreover, the ban on facial covering is the only legislative measure mentioned in the report on limiting freedom of religion or belief.
The Institute notes that a series of other limitations on freedom of reli- gion or belief has been enacted in the period under review, notably five acts ‘aimed at religious preachers who seek to undermine Danish laws and values and who support parallel conceptions of law’, in- cluding Act no. 1729 amending the Act on the conclusion and dissolu- tion of marriage (Decorum requirements and compulsory course in Danish family law, freedom and democracy);34 Act no. 1723 amending the Penal Code (Criminalization of the express approval of certain crimi- nal acts as part of religious education);35 Act no. 1553 amending the Public Information Act and the Tax Assessment Act (Efforts against as- sociations that oppose or under-mine democracy or fundamental free- doms and human rights).36
The above-mentioned acts, including the ban on facial covering, mostly affect religious minorities, primarily but not exclusively non-Christian minorities.
• The Institute recommends that the report provide information on the acts adopted in the period under review, limiting freedom of re- ligion or belief and primarily affecting religious minorities.
HEALTH
Section 86 mentions that undocumented migrants have access to acute healthcare. However, as of 2019, acute treatment is only free of charge – as an exception.37 It is mentioned in an instruction to the Danish health care act that it is allowed to provide the treatment in certain cir- cumstances free of charge. Unregistered migrants are mentioned as an exception.38 However, healthcare workers fear that unregistered pa- tients will be denied treatment or required payment if the receiving personnel is not informed of and adequately instructed in the above- mentioned exception. They are also worried that unregistered migrants will refrain from seeking treatment because of fear of subsequent pay- ment.39
• The Institute recommends that the Ministry of Foreign Affairs pro- vide information on the amendment to the Danish health care act of 2019 regarding acute healthcare and how the government en- sure that healthcare personnel is informed of and instructed in the circumstances under which a patient without a Danish residence may receive acute healthcare free of charge.
MENTAL HEALTH
Section 90 of the draft report provides that a reduction in the use of co- ercion in psychiatric care is of high priority for the Government and that it therefore has decided to continue the effort to reduce coercive measures and implement a new political goal for the reduction of coer- cion from 2020 onwards.
However, a recent report from the Danish Health Authority shows that 425 forcible restraints with belt lasted more than 48 hours in
2019/2020, and while the number of persons who have been forcibly restrained with belt has decreased since 2014 there has been a rise in the number of persons who forcibly have been physically restrained (fastholdt), forcibly have acutely been administered tranquilizers, forci- bly have been admitted to a hospital, forcibly have been withheld at the hospital and forcibly have undergone treatment. In conclusion the re- port shows that the overall use of coercion in Denmark has a rising ten- dency.40
• The Institute recommends that the government provide infor- mation on the status of the use of coercion in Denmark in relation to the previous plan on the reduction of coercion from 2014-2020.
CHILDREN AND F AMILIES
Section 99-102 provides an account of the reform of the Danish Family Law System.
The institute notes that the family law system has been criticized for its very long case handling in visitation cases (samværssager), and most re- cently by the Parliamentary Ombudsman.41 Moreover, the Institute notes that the government in its draft Finance Act for 2021 has pro- posed that the Family Court's should be increased to avoid unneces- sarily long case handling times.42
• The Institute recommends that the Ministry of Foreign Affairs re- flect the abovementioned developments in the draft report.
SOCIAL SECUR ITY AND AN AD EQUAT E STANDARD OF LIVING Section 112 provides that the state uses the term “parallel societies” to describe social housing areas with more than 1,000 residents meeting specific criteria. While the Institute welcomes the inclusion of the de- velopment of human rights situations in the Denmark, the Institutes notes that the state in the draft report uses the term “parallel societies”
while the term usually applied to describe these areas is “ghettos”.
The current Minister of Housing, Kaare Dybvad Bek, has commented on the use of the word “ghetto”, denouncing it as derogatory and choosing not to use it.43 However, neither the term “ghetto” nor the criteria
linked to the number of residents with a non-western background has been removed from laws and regulations.44
Section 113 provides information on the Government’s action plan on housing initiatives to counteract parallel societies. In the section it is mentioned that the action plan has been criticized for discriminating based on ethnicity. However, the report fails to address the number of pending cases before the courts, as well as the Board of Equal Treat- ment, concerning the application of the ethnicity criteria in the legisla- tion.
• The Institutes recommends that the report address the fact that the ethnicity criteria used to define “ghettos” is currently subject of le- gal dispute.
Under section 116 it is mentioned that the Administrative Order of Pub- lic Order was amended in 2017, criminalizing the establishment of and staying within camps that are qualified to disturb the public order. Fur- thermore, the Criminal Code was amended to criminalise begging that disturbs the public order in certain public places without a warning from the police. It is further stated that the changes are not general prohibitions against begging or sleeping in public places.
However, it is not mentioned that a person who contravene the ban on establishment of and staying within camps that are qualified to disturb the public order – including first time offenders – in addition can re- ceive a fine or imprisonment as well as a zonal ban on staying in an en- tire municipality for up to 2 years.45 It is also not mentioned that the public places in which begging is criminalized include pedestrian streets, outside railway stations, inside or outside supermarkets and on public transportation.46
• The Institute recommends that the draft report provide more infor- mation on the mentioned acts criminalizing the establishment of and staying within camps that are qualified to disturb the public or- der as well as begging in certain public places.
The Institute notes that it has continuously warned against criminalising conduct associated with homelessness, as the criminalisation further marginalise a group of vulnerable and socially disadvantaged persons and makes it more difficult for them to satisfy their basic needs and ful- fil their basic rights. Organisations for the homeless in Denmark have stated that the initiatives have led to homeless persons drifting away from the main cities and to feel more insecure. Homeless persons are afraid to sleep in groups which makes them more exposed to become victims of crime.47
In 2019, the UN Committee on Social, Economic and Cultural Rights ex- pressed concern over the criminalization of begging and of homeless people. The Committee recommended that Denmark repeal the legal provisions criminalizing conducts associated with situations of poverty and of deprivation of the right to adequate housing, such as begging and rough sleeping.48 However, despite of this recommendation the amendments to the Administrative Order of Public Order and the Crimi- nal Code were made permanent in 2020.49
• The Institute recommends that the report provide information on the government’s position on the legal provisions criminalizing con- ducts associated with situations of poverty and homelessness in re- lation to Denmark’s international obligations to protect the right to adequate housing and standard of living.
Promoting to lerance/pro tecting min ority groups
Under section 118 it is mentioned that the state continuously aims to prevent discrimination, intolerance and racism. However, in the report there is no indication of the scale of the problem regarding ethnic dis- crimination in Denmark. The National Integration Barometer shows that in 2020, 45 percent of immigrants and descendants feel discriminated based on their ethnic origin.1
• The Institute recommends that the report address the large number of immigrants and descendants that experience discrimination.
Section 122 provides that the Government has allocated DKK five mil- lion in the 2020 budget to improve interpretation services in the public sector. The Government’s intent to establish a new certification system for interpreters to enhance and ensure the quality of the provided in- terpretation services is welcomed. However, certification institutions have not yet been appointed, and the public sector still do not have ac- cess to certified interpreters.
• The Institute recommends that the report provides more infor- mation on how the Government intends to increase the quality of interpretation in the public sector and when certification institu- tions are expected to be appointed.
Yours sincerely,
Christoffer Badse
D E P A R T M E N T D I R E C T O R - M O N I T O R I N G
1 Denmark, The National Integration Barometer (Det nationale integra- tionsbarometer), available at: https://integrationsbarometer.dk/barom- eter/sammenlign/?v=9d6044571f82&include_country%3Abool-
ean=on&indicators%3Alist=5N1
1 Resolution 16/21, Review of the work and functioning of the Human Rights Council (A/HRC/RES/16/21), 12 April 2011, para. C (1) (5), availa- ble at: https://documents-dds-ny.un.org/doc/RESOLU-
TION/GEN/G11/126/78/PDF/G1112678.pdf?OpenElement.
2 Decision no. 17/119 on Follow-up to the Human Rights Council resolu- tion 16/21 with regard to the universal periodic review
(A/HRC/DEC/17/119), available at: https://ap.ohchr.org/docu- ments/dpage_e.aspx?si=A/HRC/DEC/17/119.
3 Note verbale dated 9 July 2018 from the Permanent Mission of Den- mark to the United Nations addressed to the President of the General Assembly (A/73/130), available at: https://documents-dds-
ny.un.org/doc/UNDOC/GEN/N18/217/86/PDF/N1821786.pdf?OpenEle- ment.
4 Report of the Working Group on the Universal Periodic Review, Den- mark (A/HRC/32/10), 13 April 2016, available at: https://documents- dds-ny.un.org/doc/UN-
DOC/GEN/G16/076/29/PDF/G1607629.pdf?OpenElement
5 Report of the Working Group on the Universal Periodic Review, Den- mark, (A/HRC/32/10/Add.1), 21 June 2016, available at: https://un- docs.org/A/HRC/32/10/Add.1.
6 Decision no. 17/119 on Follow-up to the Human Rights Council resolu- tion 16/21 with regard to the universal periodic review
(A/HRC/DEC/17/119), available at: https://ap.ohchr.org/docu- ments/dpage_e.aspx?si=A/HRC/DEC/17/119
7 Report of the Working Group on the Universal Periodic Review, Den- mark, (A/HRC/32/10/Add.1), available at: https://un-
docs.org/A/HRC/32/10/Add.1
8 Report, Rambøll Management Consulting with the title: ”Forenkling og afbureaukratisering af ligestillingsredegørelserne”, november 2018. 3 Report from Rambøll Management Consulting with the title:
”Forenkling og afbureaukratisering af ligestillingsredegørelserne”, November 2018.
9 The National Research Centre for Work Environment, report on work environment of the Danes 2016 (Danskernes arbejdsmiljø 2016), p. 182, available at: https://nfa.dk/da/Forskning/Udgivelse?jour-
nalId=388d976b-b86c-4126-8f3d-9eb63584bddd.
10 Article from the media Mandag Morgen, Andreas Bay-Larsen: ”Kun få civilretlige sager om sexchikane – men måske er mørketallet stort”, Mandag Morgen no. 36, 28 October 2020, available at:
https://www.mm.dk/artikel/kun-faa-civilretslige-sager-om-sexchikane- men-maaske-er-moerketallet-stort.
11 Available at: Handicapbarometer.
12 Danish National Police, ’Hadforbrydelser i 2019 – Rigspolitiets årsrapport vedrørende hadforbrydelser’, 7 October 2020, available at:
https://politi.dk/-/media/mediefiler/landsdaekkende-
dokumenter/statistikker/hadforbrydelser/hadforbrydelser-
2019.pdf?la=da&hash=86E26E960D6896CD33EBBB8ECE8487499BF986 D3.
13 Dahl, M. (2019). Alike but different: How cultural distinctiveness shapes immigrant-origin minorities’ access to the labour market. In: De- tecting Discrimination. How Group-based Biases Shape Economic and Political Interactions: Five Empirical Contributions. PhD dissertation.
University of Copenhagen.
14 The Danish Institute for Human Rights, report, Women who wear hi- jab – Ten women’s experiences with the labour market (Kvinder med tørklæde – ti kvinders erfaringer med arbejdsmarkedet), p. 47-48, avail- able in Danish with a brief English summary on p. 47-48 at:
https://menneskeret.dk/sites/menneskeret.dk/files/media/doku- menter/udgivelser/ligebehandling_2020/kvinder_med_toerklaede_- _ti_kvinders_erfaringer_med_arbejdsmarkedet.pdf.
15 The Danish Institute for Human Rights: Gender – Status 2019 (Køn – Status 2019), p. 24, available in Danish with a brief English summary on pp. 7-8 at: https://www.humanrights.dk/publications/gender-status- 2019.
16 GREVIO, recommendations to Denmark, available at:
https://www.coe.int/en/web/istanbul-convention/denmark.
17 Socialdemokratiet, ’Retfærdig og realistisk – en udlændingepolitik der samler Danmark’, p. 39, available at:
https://www.socialdemokratiet.dk/media/7011/en-udlaendingepolitik- der-samler-danmark.pdf
18Executive Order no. 1191 on the Danish Citizenship Act, 5 August 2020 available at: https://www.retsinformation.dk/eli/lta/2020/1191
19 See, for example, Warda Osman Jasin et al v Denmark Communica- tion no 2360/2014; Abdilafir Abubakar Ali et al. v Denmark Communica- tion no 2409/2014; A.A.S. v. Denmark Communication no. 2464/2014.
20 European Court of Human Rights, Savran v Denmark, application No.
57467/15, 1 October 2019.
21 Report to the Danish Government on the visit to Denmark carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 3 to 12 April 2019, 7 January 2020, p.6, available at: https://rm.coe.int/1680996859.
22 Council of Europe, Commissioner for Human Rights, Press release on the third party intervention, 8 February 2020, available at:
https://www.coe.int/en/web/commissioner/-/the-commissioner-inter- venes-before-the-european-court-of-human-rights-in-a-case-concern- ing-family-reunification-in-denmark.
See also web page of DIHR, press release, 10 June 2020, available at:
https://menneskeret.dk/nyheder/sag-ved-menneskerettighedsdomsto- len-familiesammenfoering-tre-aar-lang-tid-vente.
23 European Court of Human Rights, press country profile, Denmark, p.
5, available at: https://www.echr.coe.int/Documents/CP_Den- mark_ENG.pdf.
24 Socialstyrelsen, Human Trafficking in Denmark 2019
(Menneskehandel i Danmark 2019), p. 21, https://www.cmm.dk/tine- hardens-billeder/menneskehandel-i-danmark-arsrapport-2019.pdf.
25 Minister of Justice, reply to Parliament of question no. 132, available at: https://www.ft.dk/sam-
ling/20201/almdel/REU/bilag/31/2264648.pdf.
26 Minister of Immigration and Integration, reply to Parliament of ques- tion no. 115, 26. June 2020 available at: https://www.ft.dk/sam- ling/20191/almdel/ifu/spm/115/svar/1675614/2217464.pdf.
27 UNHCR, Mapping Stateslessness in Denmark, November 2020, availa- ble at: https://www.unhcr.org/neu/wp-content/up-
loads/sites/15/2020/11/UNHCR-Statelessness_Denmark-screen.pdf.
28 Act amending the law on the enforcement of punishment, etc., the Administration of Justice Act, the Penal Code and the Act on the Pri- mary School, available in Danish at: https://www.retsinfor-
mation.dk/Forms/R0710.aspx?id=205571.
29 Decision no. 17/119 on Follow-up to the Human Rights Council reso- lution 16/21, (A/HRC/DEC/17/119), available at:
https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/DEC/17/119.
30 Report to the Danish Government on the visit to Denmark carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 3 to 12 April 2019, 7 January 2020, p. 42, available at: https://rm.coe.int/1680996859.
31 Response of the Danish Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Denmark from 3 to 12 April 2019, p. 50, available at: https://rm.coe.int/16809f65d6.
32 Human Rights Council, Report of the Special Rapporteur on freedom of religion and belief on his mission to Denmark, Heiner Bielefeldt (A/HRC/34/50/Add.1), para. 44, available at: https://ap.ohchr.org/doc- uments/dpage_e.aspx?si=a/hrc/34/50/add.1
33 Ibid., para. 75(j).
34 Ministry of Church Affairs, Act no. 1729 amending the Act on the conclusion and dissolution of marriage (Decorum requirements and compulsory course in Danish family law, freedom and democracy), 27.
December 2016, available at: https://www.retsinfor- mation.dk/eli/lta/2016/1729.
35 Ministry of Justice, Act no. 1723 amending the Penal Code (Criminali- zation of the express approval of certain criminal acts as part of reli- gious education), 27 December 2016, available at:
https://www.retsinformation.dk/eli/lta/2016/1723.
36 Ministry of Culture, Act no. 1553 amending the Public Information Act and the Tax Assessment Act (Efforts against associations that oppose or undermine democracy or fundamental freedoms and human rights), 13 December 2016, available at: https://www.retsinfor-
mation.dk/eli/lta/2016/1553.
37 Consolidated act no. 903 of 26. August 2019, available at:
https://www.retsinformation.dk/eli/lta/2019/903.
38The Ministry of Health and the Elderly's guide no. 9610 of 4 July 2019 on the collection of payment for acute and continued hospital treat- ment of certain persons without residence in Denmark, available at:
https://www.retsinformation.dk/eli/retsinfo/2019/9610.
39 The Council for Socially Marginalised People, Health among unregis- tered and homeless migrants – A qualitative study (Sundhed blandt uregistrerede og hjemløse migranter – Et kvalitativt studie), 2020, page 23, available in Danish at: https://www.udsatte.dk/publika-
tioner/sundhed-blandt-uregistrerede-og-hjemloese-migranter.
40 Danish Health Authority, The monitoring of coercion in psychiatry – Statement for 1 July 2019 - 30. June 2020, p. 6 and 15, available at:
https://www.sst.dk/-/media/Udgivelser/2020/Tvang-i-psykiatrien-juni- 2019-juni-2020/Sundhedsstyrelsens-monitorering-af-tvang-opgoerelse- 1_-juli-2019-30_-juni-
2020.ashx?la=da&hash=8472D119F14879FF78F765D52374833192EC38 6A.
41 K-News, 15. September 2020, available at: https://www.k- news.dk/nyheder/kritik-p%C3%A5-flere-fronter-og-
ombudsmandsundersoegelse-af-familieretshuset, VIVE, ’Forældres tilfredshed med de familieretlige myndigheder’, 7. September 2020, https://www.vive.dk/media/pure/15220/4508432.
42 Draft Finance Act 2021, August 2020, p. 5, available at:
https://fm.dk/media/18146/trygt-gennem-krisen-i-faellesskab_finans- lovforslaget-2021_web.pdf.
43 Politiken, news article,”Den nye boligminister vil af med ordet ghetto”, 9. July 2019, available in Danish at: https://poli-
tiken.dk/indland/art7281018/Enten-t%C3%A6nker-man-p%C3%A5-den- j%C3%B8diske-ghetto-i-Warszawa.-Eller-ogs%C3%A5-t%C3%A6nker- man-p%C3%A5-tv-serien-%E2%80%99The-Wire%E2%80%99.
44 The ”ghetto list” was most recently updated on the 1 December 2020, categorizing the targeted social housing areas as “vulnerable ar- eas”, “ghetto areas” or “hard ghetto areas”, available at:
https://www.trm.dk/publikationer/2020/liste-over-ghettoomraader-pr- 1-december-2020/.
45 Denmark, Act no. 118 of 13. December 2017 on amendment of the Administrative Order of Public Order (Expanded authorisation to estab- lish rules on zoneban), available at: https://www.ft.dk/ripdf/sam- ling/20171/lovforslag/l118/20171_l118_som_fremsat.pdf.
46 Denmark, Act no. 753 of 19 June 2017 amending thecriminal code (Tightening of the penalty for insecurity-inducing begging, available at:
https://www.retsinformation.dk/eli/lta/2017/753
47 Danish Broadcasting Corporation, ”Fire attack on homeless: Police still has nothing to go on” (”Brandoverfald på hjemløs: Politiet er stadig på bar bund”), 11 February 2019, available at: https://www.dr.dk/nyhe- der/indland/brandoverfald-paa-hjemloes-politiet-er-stadig-paa-bar- bund; Danish newspaper Kristeligt Dagblad, ”109 persons have been banned from their own municipality” (”109 personer er bandlyst fra deres egne kommuner”), 15 December 2019, available at:
https://www.kristeligt-dagblad.dk/danmark/109-personer-er-bandlyst- fra-deres-egne-kommuner.
48 The UN Committee on Economic, Social and Cultural Rights, Conclud- ing observations on sixth periodic report of Denmark,
E/C.12/DNK/CO/6, 12 November 2019, para. 47-48, available at:
https://undocs.org/en/E/C.12/DNK/CO/6
49Denmark, Statutory instrument No. 1094 of 29 June 2020 on amend- ment of statutory instrument on the police’s protection of public order and protection of private individuals and public safety etc., and the po- lice’s access to institute temporary precautionary, available at:
https://www.retsinformation.dk/eli/lta/2020/1094 and Denmark, Act no. 804 of 9 June 2020 on amendment of the penal code (Repeal of sunset clause on tightening of the penalty for insecurity-inducing beg- ging), available at: https://www.retsinformation.dk/eli/lta/2020/804.
