HUMAN RIGHTS IN IN DENMARK

STATUS 2016-17 STATUS 2015-16 HUMAN RIGHTS IN DENMARK

STATUS 2016-17 HUMAN RIGHTS IN DENMARK STATUS 2016-17

Editors: Jonas Christoffersen (chief editor), Louise Holck, Ulla Dyrborg, Emil Kiørboe and Christoffer Badse.

ISBN: 978-87-93605-03-9 EAN: 9788793605039

English translation: GlobalDenmark A/S Layout: Hedda Bank Printed by: toptrykgrafisk

© 2017 The Danish Institute for Human Rights Denmark’s National Human Rights Institution

Wilders Plads 8K DK-1403 Copenhagen Phone +45 3269 8888 www.menneskeret.dk

Provided such reproduction is for non-commercial use, this publication, or parts of it, may be reproduced if author and source are quoted.

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PREFACE 4 1 INTRODUCTION TO HUMAN RIGHTS 5 2 IMPLEMENTATION OF HUMAN RIGHTS 7 3 ASYLUM 10 4 CHILDREN 15 5 DATA PROTECTION 20 6 ETHNIC ORIGIN 24 7 FAMILY LIFE 30 8 INVESTIGATORY POWERS OF PUBLIC AUTHORITIES 34 9 DEPRIVATION OF 37 10 DISABILITY 41 11 GENDER EQUALITY 45 12 USE OF FORCE 50 13 RELIGION 54 14 FAIR TRIAL 59 15 THE RIGHT TO HOUSING 63 16 CITIZENSHIP 67 17 EDUCATION 72 18 EXPULSION AND EXTRADITION 77 19 UNREGISTERED MIGRANTS 81 20 ARMED CONFLICT 84 21 FREEDOM OF EXPRESSION AND ASSEMBLY 87 22 THE ELDERLY 93

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PREFACE

In this fifth issue of its status report, the Danish Denmark is one of the Danish Institute for Institute for Human Rights provides a current Human Rights’ core responsibilities as overview of the most important human rights Denmark’s National Human Rights Institution. challenges facing Denmark. Our status report consists of 22 thematic In the past year, there have been a number reports covering topics ranging from of examples of legislation, guidelines and asylum, data protection, family life, through practices that we consider conflicting with gender equality and deprivation of liberty, human rights. For example, this concerns to expulsion and the rights of elderly, which errors in municipal treatment of child cases, are updated every couple of years. To these abuse of children in asylum centres, conditions should be added this report, which provides for people on tolerated stays, and restrictions a brief, updated insight into the development on the freedom of expression for religious of the 22 areas and the most important preachers. Fortunately, there have also been recommendations. The thematic reports, several significant improvements. To mention which are 25–50 pages each, and in Danish just a few, but important ones: there is a only, can be downloaded from our website: prospect that there will be a general prohibition www.menneskeret.dk/status. on discrimination against persons with disabilities, persons under guardianship have We place great emphasis on being in dialogue been given voting rights in relation to municipal with the public. Therefore, we encourage elections and elections to the EU, the use of interested parties to submit proposals for topics isolation in prison has continued decreasing, and additions that could improve the status and the new military manual clarifies the report. You can contact us at statusrapport@ importance of human rights during armed menneskeret.dk. conflict. We hope that ‘Status 2016-17’ will provide a A prerequisite for protecting and promoting clear overview and thereby strengthen human human rights is to have an overview of the rights in Denmark. situation in all major areas and to systematically monitor developments. Monitoring and Jonas Christoffersen Louise Holck reporting the human rights situation in Executive Director Deputy Executive Director

4 CHAPTER 1

INTRODUCTION TO HUMAN RIGHTS

DENMARK’S HUMAN RIGHTS and political rights. Examples of economic, OBLIGATIONS social and cultural rights are the right to health Denmark is bound by a large number of and the right to an adequate standard of living. human rights obligations. At national level, the Danish Constitution provides for protection of INTERPRETATION OF HUMAN RIGHTS many important human rights. Internationally, International human rights are based on Denmark has entered into agreements principles that any restriction in these rights by (conventions and treaties) on the protection the state must be in accordance with the law, of human rights. These agreements fall under pursue a legitimate aim and be proportionate. various institutions, in particular the UN, the Council of and the . You The requirement that restrictions must be can read more about Denmark’s human rights prescribed by law (the principle of legality) obligations in the thematic report ‘Introduction entails that any interference in protected rights to human rights’ (in Danish) from the institute’s must be based in national law and be made Status Report 2015-16. public to safeguard citizens from arbitrary infringements. TWO TYPES OF RIGHTS Human rights law distinguishes between The proportionality assessment includes, on civil and political rights on the one hand and the one hand, consideration for the protection economic, social and cultural rights on the of rights and, on the other, consideration for other. The rights are interrelated and are opposing social interests. Striking the right therefore equally important. However, there balance requires a legal assessment of the are significant differences in how they are significance of the opposing interests at stake: implemented. Regardless of the type of right The importance of the right in question, the in question, discrimination must never occur. severity of the intervention in the individual’s Freedom of expression, right, the significance of the objective being and the are examples of civil pursued/ the opposing interest, and the

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importance of the intervention for safeguarding because individuals who claim their rights have the objective/the opposing interest. been violated can have their case tried before an international court of law, which will make The principle of non-discrimination means a legally binding judgement pursuant to the that a person or group of persons may not be European Convention on Human Rights. treated less favourably than others without valid justification. In the EU, human rights are often referred to as fundamental rights. The Court of Justice of MONITORING OF HUMAN RIGHTS the European Union (CJEU) ensures that EU When a convention or treaty has been adopted law (including the EU Charter on Fundamental by an international organisation such as the Rights) is interpreted and applied in the same UN or the , the organisation’s way in all EU Member States. The European member states must decide whether they will Union Agency for Fundamental Rights (FRA) be bound by the agreement. This occurs when provides advice to decision makers in the EU they ratify the agreement. With ratification, and Member States on fundamental rights. the member state is obliged to comply with the contents of the agreement in the state’s Denmark protects, monitors and enforces national law and practice. human rights at several levels. Any citizen can demand that the public authorities comply with Within the UN framework, member states are the international conventions that Denmark has monitored with respect to compliance with ratified. Moreover, a case can be brought before the human rights obligations that they have the Danish courts if one or more provisions of undertaken. This is primarily carried out by the conventions have been violated. The rights the committees associated with the various can be invoked by the parties and applied by conventions, through the UN Universal Periodic Danish courts. This also applies to violations of Review (UPR) and through the UN’s special human rights enshrined in the Constitution and procedures. Monitoring activities can include other national legislation. both general assessments of the human rights situation in a state or handling individual The Danish Institute for Human Rights is complaints. moreover tasked with monitoring human rights compliance in Denmark and with contributing Several monitoring bodies have been to the protection and promotion of human established under the Council of Europe, such rights. This is carried out in collaboration with as the European Court of Human Rights and the international control mechanisms as well as the Commissioner for Human Rights. The other national monitoring bodies. European Court of Human Rights is unique

6 CHAPTER 2

IMPLEMENTATION OF HUMAN RIGHTS

DEVELOPMENTS IN HUMAN although it ensures that human rights law RIGHTS IN 2016 reflects the times, also extends the application The year 2016 saw political debate about of the European Convention on Human Rights.1 whether Denmark should continue to protect all the human rights that follows According to the Government coalition from international law, and to what extent. agreement, the government will host an The debate was triggered in particular by the international conference for experts about the large numbers of refugees arriving in Europe, Convention in connection with the upcoming including in Denmark, in 2015, with especially Danish chairmanship of the Committee of high numbers arriving in the summer and Ministers of the Council of Europe in 2017. autumn of that year. The expulsion of criminal immigrants was also at the centre of debate In October 2016, the Danish People’s Party about whether to restrict human rights in presented a proposal for a parliamentary Denmark. resolution ordering the Government to submit a proposal to repeal the Danish Incorporation Act, The human rights debate in Denmark also left which incorporated the European Convention its mark on the November 2016 Government on Human Rights into Danish law in 1992. The coalition agreement. In the agreement, the proposed resolution included ordering the government declares that Denmark has a clear Government to make a reservation in respect interest in upholding a strong international of the Convention, in order for the Government legal order, including respect for human to pursue a stricter immigration and refugee rights, and that the government intends to policy, supported by a parliamentary majority.2 contribute to active international collaboration It was suggested that such a reservation could and to comply with international conventions. be made by withdrawing from the Convention However, the agreement also states that the and then reentering into the Convention with government sees a need to take a critical a reservation to allow expulsion of criminal approach to the European Court of Human immigrants in situations where expulsion would Rights’ dynamic style of interpretation which, be in conflict with the right to respect for family

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life. However, in December 2016, the proposal for parliamentary resolution was rejected by the HUMAN RIGHTS IMPROVEMENTS other parties in the Danish Parliament. • In its 2016 coalition agreement, the In December 2016, the Danish Government states that legislation must be delivered its ruling in the so-called Ajos case.3 user-friendly and promote the rule of law in This is a principal case, because it concerns Danish society. Ensuring due process of law the relationship between Danish law and for individuals and businesses requires clear, EU law when these conflict with each other. simple legislation that is easy to understand The Supreme Court found that the principle and manage. In this way, the Government of EU law prohibiting age discrimination pledges to reduce and simplify the regulatory cannot (contra legem) overrule a Danish legal burden and open up for greater use of sunset provision in disputes between private parties. provisions in legislation on selected areas (i.e. that a law will cease to have effect after a specific date unless it is renewed).

NEW CHALLENGES

• The institute notes the continued occurrence of very short public consultation deadlines for draft Bills.

• The institute finds that in some cases there has been no, or insufficient, human rights impact assessments of draft Bills. Furthermore, relevant rulings from the European Court of Human Rights are rarely taken into consideration in impact assessments, and Denmark’s obligations under the UN human rights conventions are also rarely considered.

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DANISH ISSUES EXAMINED BY RECOMMENDATIONS INTERNATIONAL BODIES IN 2016 Among other things, the Danish Institute • In January 2016, Denmark was reviewed by for Human Rights recommends that the the UN Human Rights Council as part of the Government: Universal Periodic Review (UPR). Denmark received a total of 199 recommendations • take steps introduce a ban on discrimination covering a wide range of areas. In April outside the labour market on grounds of 2016, out of these 199 recommendations, disability, religion, sexual orientation and age. Denmark had accepted 120 in full, while 14 recommendations had been partially • in cooperation with the , accepted. establish a national human rights institution for the Faroe Islands. • In spring 2016, the UN Special Rapporteur on or belief made an official • take steps to incorporate the core UN human visit to Denmark. The Special Rapporteur will rights conventions into Danish law. present his final report on freedom of religion and belief in Denmark to the UN Human • incorporate a mandatory human rights impact Rights Council in 2017. assessment in Bills.

• In June 2016, Denmark was reviewed by • formulate a national human rights action the UN Human Rights Committee, which plan, which, among other things, follows monitors implementation by State parties of up on recommendations from international the UN International Covenant on Civil and bodies and which is anchored at inter- Political Rights. In July 2016, the Committee ministerial level. issued its concluding observations, which contains the Committee’s concerns on a number of areas, as well as recommendations for how to improve implementation of the Covenant in Denmark. Among other things, the Committee recommends that Denmark implement a general prohibition against discrimination.4

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CHAPTER 3

ASYLUM

HUMAN RIGHTS AND ASYLUM have occasioned much debate about the rights As a general rule, any state has the right to of refugees. control entry into the state, and presence in the state, of aliens, including asylum-seekers. At the end of 2015 there were 65.3 million However, this right may be restricted by the displaced persons across the world, of whom international obligations of the state. Among 40.8 million were internally displaced, 21.3 other things, it follows from the Universal million were refugees and 3.2 million were Declaration of Human Rights that everyone asylum seekers. Of the 21.3 million refugees, has the right to seek and to enjoy in other 16.1 million come under the mandate of the UN countries asylum from persecution. The so- High Commissioner for Refugees (UNHCR), called principle of non-refoulement means which relates to people who are displaced that a State may not expel an alien if this outside of their own country and in need of means said person risks being exposed to protection as a result of persecution and torture or political persecution, for example. conflict, for example. In 2015, 86 percent of Non-refoulement is a fundamental principle refugees under the UNHCR mandate were in several human rights conventions, including refugees in their regions of origin. The largest the Refugee Convention and the European group of refugees came from Syria (4.9 Convention on Human Rights. In such million).5 situations, the states are required to accept aliens’ presence in their country. You can Since 2015, there has been a sharp increase read more about the rights of refugees in the in the number of refugees seeking protection thematic report on ‘Asylum’ (in Danish) from in Europe. From January to September 2016, the institute’s Status Report 2015-16. around 950,000 first-time asylum-seekers applied for asylum in the EU. This was an DEVELOPMENTS IN HUMAN increase of around 120,000 compared with the RIGHTS IN 2016 same period in 2015.6 The number of asylum- The large numbers of refugees that have come seekers in Denmark fell significantly in 2016, to Europe, including to Denmark, since 2015 from 21,316 in 2015 to 6,235 in 2016.7

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Coping with the refugee situation has been providing assistance in the regions of origin, high on the agenda throughout Europe. In and that it will work to establish an entirely new March 2016, the EU signed a much-debated asylum system in Europe, in which refugees will agreement with Turkey regarding e.g. the apply for asylum from a country outside the EU return of asylum-seekers from and the instead of travelling to Europe to seek asylum. submission of Syrian asylum-seekers in Turkey for resettlement in the EU.8 Furthermore, the European Commission presented a proposal in May 2016 for new regulations on how to HUMAN RIGHTS IMPROVEMENTS determine which Member State is responsible for examining an asylum application (the • In December 2016, the Minister for new Dublin Regulation). One objective of Immigration and Integration presented this proposal is to prevent the movement a Bill on the transfer of tasks from the of asylum-seekers between EU Member Ministry to the Refugee Appeals Board and States. Furthermore, the proposal contains an the Immigration Appeals Board.13 Several allocation mechanism to ensure a fair division organisations welcomed the proposed of responsibilities between Member States.9 transfer of tasks to independent quasi-judicial Among other things, the proposal has received bodies and the establishment of a right of criticism as it is unable to meet the challenges appeal in certain cases.14 facing EU Member States and does not ensure sufficient solidarity.10 • Following a prolonged period of lack of clarity about the relationship between the Aliens A series of initiatives and proposals for coping Act and the Social Services Act, in June 2016 with the refugee situation saw the light of day the, then Ministry of Social Affairs and the in 2016 in Denmark.11 In September 2016, the Interior published an analysis about when former Liberal Party Government decided aliens with procedural residence or without to suspend acceptance of around 500 quota residence have the right to receive benefits refugees annually.12 According to the November under the Social Services Act. The Minister 2016 Government coalition agreement, sent the analysis enclosed with a letter to the amongst other things, the Government will municipalities to provide clarity in the matter. introduce a so-called emergency instrument Among other things, the analysis concluded enabling Denmark to reject asylum-seekers that asylum-seekers are covered by the Social at the Danish border in a crisis situation in Services Act.15 New guidelines on the Social which Danish borders are under pressure. The Services Act are being prepared on the basis Government coalition agreement also states of the analysis. that the Government will place priority on

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in September 2016, the Ombudsman said NEW CHALLENGES that conditions had improved significantly. However, the Ombudsman is still monitoring • In February 2016, the Minister for developments.20 Immigration, Integration and Housing at the time announced that asylum-seekers under • In October 2016, a children’s centre was the age of 18 will not be allowed to live with closed down, amongst other things due a spouse or cohabitee at asylum centres.16 to suspicion of sexual abuse. Oversight of The institute has criticised this move on the centres was subsequently the object of various grounds, including the lack of any much debate, including about the division provision for assessing in each case whether of responsibilities between the local separation was in accordance with the right government level and the Danish Immigration to family life.17 This practice has subsequently Service, and about whether the existing been changed again, so that, now, a specific supervision effort was satisfactory. The issue assessment is carried out. On the basis of led to an open consultation being held in the debate and criticism, the authorities have December 2016 in connection with which drawn up guidelines for accommodation and the Minister for Immigration and Integration a memo on interpretation of human rights law concluded that a new concept of supervision in this area.18 The Ombudsman is currently was needed.21 examining the case.19 • Since October 2015, a number of cases • The Parliamentary Ombudsman made concerning removal to Hungary pursuant an unannounced visit in February 2016, to the Dublin rules have been put on hold along with DIGNITY and the institute, to the by the immigration authorities. Amongst former prison in Vridsløselille, where foreign other things, this is due to uncertainty about nationals due to leave Denmark, or foreign whether applicants risk being removed nationals whose asylum case is pending, may from Hungary to Greece or Serbia in be detained in order to ensure their continuing contravention of their rights. An estimate presence. The Ombudsman expressed at the end November 2016 revealed that 10 serious concern about the conditions. He percent of applicants who had waited the pointed to a number of criticisable conditions, longest time for a decision in their case had including lack of information, communication waited 526 days on average for a decision. and human contact. Among other things, In late November 2016, a large group of the the Ombudsman recommended the applicants were notified that their case would introduction of screening for torture and the be processed in Denmark, as the time limit risk of suicide. On the basis of a new visit for removal would expire at the beginning of in June 2016, and subsequent information, December 2016.22

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systems are not always integrated in asylum DANISH ISSUES EXAMINED BY and migration processes and procedures, INTERNATIONAL BODIES IN 2016 and that more needs to be done to bridge the resulting protection gaps. FRA moreover • In January 2016, Denmark was reviewed by encouraged all relevant actors to work the UN Human Rights Council as part of the together to protect refugee children and, Universal Periodic Review (UPR). The review in particular, address the phenomenon of resulted in a number of recommendations unaccompanied children going missing. in the field of foreign nationals, including on issues such as the need to consider the • Since September 2015, FRA has reported best interests of the child in asylum cases, regularly on the migration situation in the deprivation of liberty for children, the right European Union, and since January 2016 to family reunification and the possibility to reporting has been monthly. Denmark has confiscate refugees’ valuables.23 been included in the reports since November 2016. The reports describe the situation in • In June 2016, Denmark was reviewed by selected countries, identify a number of the UN Human Rights Committee, which challenges and highlight promising practice. monitors implementation by State parties of The December report had a separate report the UN International Covenant on Civil and on children, in which, amongst other things, Political Rights. In its concluding report, the FRA pointed at problems in Denmark with Committee expressed its concern with the separating young couples and oversight of conditions for detained foreign nationals, a asylum centres.25 legislative amendment from 2015 providing for the possibility to suspend the automatic judicial review of the legality of detentions under the Aliens Act and of the access to confiscate the valuables of asylum-seekers.24

In 2016, the European Union Agency for Fundamental Rights (FRA) had sharp focus on the migration area and published a series of reports on asylum:

• In its annual report on fundamental rights in the EU, FRA focussed in particular on asylum and migration. In this connection, FRA reported that national child protection

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RECOMMENDATIONS

Among other things, the Danish Institute for Human Rights recommends that the Ministry of Justice:

• ensure that any detention of asylum seekers etc., including minors and other particularly vulnerable persons, take place under appropriate conditions, and that detention is only used if appropriate facilities and conditions are available.

• ensure that, prior to or directly in connection with detention, a mandatory and more extensive medical examination be conducted of all asylum seekers, including that physicians, psychologists, etc. are consulted, and that access to qualified interpreting is ensured. The results of the examination should be included in the assessment of whether the person in question may be detained and under what conditions.

We also recommend that the government:

• examine the consequences that granting temporary residence permits have for the development and well-being of unaccompanied minors (since, in principle, the temporary residence permit ends when the holder turns 18) and review whether the rules should therefore be amended.

14 CHAPTER 4

CHILDREN

HUMAN RIGHTS OF CHILDREN Danish authorities have taken action on the Children have special needs for protection and recommendations which the Committee gave care. Human rights apply to any person and Denmark in connection with the previous review therefore to any child. However, traditionally, in 2011. The Danish Institute for Human Rights,27 judicial systems and rules of law have the National Council for Children and the addressed adults. Since the adoption in 1989 of Cooperation Committee on the Convention on the UN Convention on the Rights of the Child it the Rights of the Child (a network of children’s has become generally recognised that children organisations) have also prepared reports, all have independent rights and must be respected of which were submitted to the Committee on as individuals in the same way as adults. You the Rights of the Child in autumn 2016. These can read more about the rights of children in reports supplement the Government’s own the thematic report on ‘Children’ (in Danish) report and, typically, also bring attention to from the institute’s Status Report 2015-16. issues that the organisations find problematic with regard to the rights of children under the DEVELOPMENTS IN HUMAN Convention. The Committee on the Rights of RIGHTS IN 2016 the Child discussed the supplementary reports Every five years, the Danish Government with representatives of the organisations and must submit a report to the UN Committee institutions behind the reports at a meeting in on the Rights of the Child, which monitors Geneva in February 2017. implementation of the UN Convention on the Rights of the Child in Denmark. The The Parental Responsibility Act and the Social Government submitted its report to the Services Act were both amended in 2016.28 The Committee on the Rights of the Child in early amendments mean that, in future, the regional 2016.26 The report will be used as background state administration must decide who is to have material for the review of Denmark in 2017. In custody of the child in situations in which one of connection with the review, Danish authorities the parents has caused the death of the other will meet with the Committee on the Rights parent and no other person than the remaining of the Child to discuss how best to protect parent has requested custody of the child. The the rights of children in Denmark and how regional state administration must decide what

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is in the child’s best interest in such situations. that physical and psychological against In consultation with the municipality in which children occur in a considerable number of the child is a resident, the regional state families. The SFI survey showed that 7 percent administration can decide to find a suitable of the children surveyed had been exposed to alternative custody holder for the child, if this is physical abuse more than once over the past in the child’s best interests. year. In the survey by the National Council for Children, around 9 percent had been exposed In 2016, the Government introduced a ceiling to serious violence, i.e. hitting or kicking, while on social security benefits, which took effect both surveys found that 8 percent had been from October 2016.29 The ceiling means that exposed to a pattern of psychological violence. families with young children, in particular, will This includes being called by names that make be affected financially. The Economic Council the children feel sad, being ignored through of the Labour Movement estimates that single- silence for long periods of time, or being parent providers will lose 10-39 percent of their exposed to threats of various kinds.32 disposable income if they are affected by the ceiling. Along with integration benefits, which In 2016, the institute published two analyses were introduced in 2015 and expanded in 2016, looking into different aspects of the child the ceiling on social security benefits will entail abuse policy (Overgrebspakken) from the that the number of children living below the perspective of human rights, including poverty line defined by the former government the specific implementation of the policy almost doubles, to around 15,000. at local government level. Among other things, the institute sees large differences The set of rules under the child abuse policy across municipalities with regard to financial (Overgrebspakken) entered into force on 1 resources and the number of vulnerable October 2013. The objective of the policy children. Therefore, it is important to secure the is to strengthen municipality capacity and required resources in municipalities with many management in child abuse cases. In 2016, two vulnerable children and a weak tax base of large surveys were issued on the occurrence high-income tax payers. of different types of child abuse in the home: The Danish National Centre for Social Research At the end of 2015, a total of 11,049 children asked around 2,000 children aged 14-15 years and young people (around 1 percent of all old whether they had been exposed to physical, children in Denmark) were in care outside their psychological or sexual violence at home in home; the lowest figure in the period 2010 to the preceding year.30 The National Council for 2015. An ever-greater number of children are Children has performed a similar survey based being placed in care with foster families. At the on responses from around 4,000 children aged end of 2015, a total of 62 percent of all child 13-14 years old.31 It appears from both analyses placements were foster family placements.33

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In August 2016, the Public Accounts Committee The Danish National Audit Office will continue commented on the report from the Danish to monitor intervention and initiatives by National Audit Office (Rigsrevisionen), on the Ministry, as well as other developments, interventions aimed at children in care.34 including improved measurements and Among other things, there was critique of the documentation of the effect of interventions fact that, despite ten years of interventions, aimed at children in care. the Ministry of Social Affairs and the Interior could not document any improvements in Action plans for children in care are important child placement cases by municipalities, tools, e.g. because they contain targets for or that intervention had had the intended children’s development and well-being. There outcome. The Public Accounts Committee has also been criticism from the Parliamentary also criticised the fact that the Ministry had Ombudsman, who, after inspection visits to a not provided sufficient support to ensure that number of residential institutions for children, municipalities meet the targets of the child has criticised the municipalities for failing to placement reform. It was cited as particularly prepare action plans for children and young problematic that, in many child placement people in care and failing to ensure that cases, case processing by the municipalities relevant parts of the plans are passed on to the is not in line with the requirements of the law institutions caring for the children.37 with regard to interviews with the children, action plans and examinations to determine The new Adult Responsibility Act was adopted whether a child needs special support in June 2016 and was followed up in December measures pursuant to section 50 of the Social 2016 by an executive order and guidelines Services Act. Furthermore, it was also cited regarding adult responsibility for children and as problematic that the Ministry of Social young people in care.38 The rules entered into Affairs and the Interior had only provided the force on 1 January 2017, and new registration municipalities and the social care institutions and reporting forms regarding use of force, etc. with few instruments to help measure and have been prepared.39 document the effect of interventions aimed at children in care. This resulted in a risk that Crime by children and young people continues quantity and money rather than quality and to fall. The number of suspected offences effects were determinant for the municipalities’ by children below the age of criminal practices of placing vulnerable children in responsibility (10-14 year-olds) dropped by care.35 The Ministry provided an account of the 70 percent from 2006 to 2015, while for 15- matter in October 2016.36 The Danish National 17 year-olds the drop was 46 percent.40 The Audit Office has subsequently published a number of rulings in cases involving suspected memorandum about the initiatives that have youth offenders aged between 15 and 17 almost been launched as a consequence of the report. halved during the same period.41

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The new November 2016 Government for the years 2016 to 2019 for interventions coalition agreement contains a more detailed aimed at children of mentally ill or seriously proposal for a reform of efforts to curb juvenile somatically ill parents. delinquency than the 2015 Government coalition agreement.42 The Government • The new rules regarding adult responsibility aims to establish an entirely new system for for children and young people in care have delinquents. The system will be supported by been adopted and will take effect from 2017. an overall legislative framework which cuts across the social and the criminal law systems. • The rules regarding video-recorded interviews Among other things, the reform will establish of children in criminal proceedings were a Juvenile Delinquency Board to determine amended with effect from 1 April 2016. In actions to be taken against the individual future, video-recoded interviews of children youngster, as well as a separate Juvenile Prison aged 13-14 will always be allowed in sex crime and Probation Service. A Bill on this is expected cases or cases concerning violence within the to be presented in March 2017.43 family. In exceptional situations it is allowed to use video-recorded interviews of children and young people under 18. As a general rule, the child or young person is exempt from HUMAN RIGHTS IMPROVEMENTS having to testify as a witness during the main legal proceedings. • A total of DKK 96 million has been set aside in the public pool of funds agreement for the • The number of criminal offences by children years 2016 to 2019 to provide support for early and young people continues to drop.45 prevention and more effective interventions aimed at vulnerable children. Inspired by Sweden, the money is to be used primarily to enhance efforts by municipalities to develop NEW CHALLENGES comprehensive and early interventions aimed at vulnerable children. • The municipalities have a high error rate in the practical handling of child protection • An extra DKK 2.2 million has been set aside cases. They relatively often fail to conduct annually for the period 2016 to 2019 for the child interviews and examinations to children’s office of the Ombudsman under determine whether a child needs special the public pool of funds agreement.44 support measures pursuant to section 50 of the Social Services Act. They also fail to • Furthermore, under the public pool of prepare and revise action plans as prescribed funds, DKK 9 million has been set aside by law. Several surveys of practice in the

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municipalities carried out by the National Social Appeals Board and inspection visits RECOMMENDATIONS at care facilities etc. for children by the Ombudsman have provided documentation The Danish Institute for Human Rights of this. recommends that the Government:

• take steps to introduce a ban on solitary confinement of children within the criminal DANISH ISSUES EXAMINED BY justice system. INTERNATIONAL BODIES IN 2016 • clarify to what extent the current socio- • In January 2016, Denmark was reviewed economic parameters determining the by the UN Human Rights Council as part allocation of funds to different municipalities of the Universal Periodic Review (UPR). sufficiently cater for the local expenses The review resulted in a number of needed to secure efficient protection of recommendations about children’s rights, vulnerable children against abuse. including recommendations to provide a stronger mandate and more funds to the • take steps amend the legislation so that staff children’s office at the Danish Parliamentary in the health sector provides information and Ombudsman; strengthen interventions aimed the relevant support to children who are close at vulnerable children and children exposed relatives of seriously ill patients or patients to domestic violence; as well as establish with an addiction. an independent body to improve children’s rights on the Faeroe Islands. We also recommend that municipalities:

• In June 2016, Denmark was reviewed by • ensure that their response to abuse covers the UN Human Rights Committee, which psychological abuse and neglect to the same monitors implementation by State parties of extent as physical and sexual abuse. the UN International Covenant on Civil and Political Rights. In its concluding report, the • ensure that all foster families receive training Committee criticised the Danish regulations and supervision and the necessary support in on solitary confinement and recommended the form of courses and frequent visits from that Denmark abolish solitary confinement of the authorities. children.46

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CHAPTER 5

DATA PROTECTION

HUMAN RIGHTS AND DATA PROTECTION increased political attention in Denmark, in the The right to respect of privacy is a human right EU and the wider world. that affects us all. This right is closely related to other rights, such as the right to freedom In 2015, the UN Human Rights Council of expression, however, it often conflicts with appointed the first UN Special Rapporteur legitimate concerns for public security and on the right to privacy.47 He published his first efforts to combat crime. report in March 201648 and visited Denmark in June 2016.49 The right to privacy is protected by a number of human rights conventions, including the UN Data and privacy protection have also been International Covenant on Civil and Political high on the agenda in the EU. In October 2015, Rights and the European Convention on Human the Court of Justice of the European Union Rights. The EU Charter on Fundamental Rights (CJEU) declared the US Safe Harbor scheme contains a separate provision on the right to about the transfer of data from the EU the the protection of personal data. You can read more US as invalid, among other things because the about data protection in the thematic report on US intelligence services have general access ‘Data protection’ (in Danish) from the institute’s to the data that are transferred.50 In July 2016, Status Report 2015-16. the European Commission and the US entered into a new agreement, the Privacy Shield,51 DEVELOPMENTS IN HUMAN against which, however, a case was filed at the RIGHTS IN 2016 CJEU as early as in September, contesting the The right to privacy has come under pressure, compatibility of the new scheme with EU law, because an ever increasing amount of including the EU Charter and its protection of personal data is being submitted, collected the right to privacy and the right to protection and exchanged digitally. The rights to privacy of personal data.52 At the same time, there is an and data protection have therefore loomed ongoing case concerning the legitimacy of the large in the public debate in recent years, European Commission’s standard contractual both in Denmark and abroad , and have led to clauses for data transfers.

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In April 2016, the European Council adopted for consultation and, subsequently, the Legal the new EU data protection reform. The Affairs Committee58 was consulted and a reform consists of the General Data Protection series of meetings were held at the Ministry of Regulation (GDPR) and a directive on the Justice with relevant experts and organisations. protection of personal data when this is being In December 2016, the CJEU delivered its used by police and criminal justice authorities judgement in a case about Swedish and British (the Police Directive), both of which enter into data retention rules.59 The Court stated that force in May 2018.53 The objective of the GDPR a general data retention obligation, which is to increase the level of data protection in the makes requirements neither for a link between EU, among other things through a requirement the data that is being retained and the threat for privacy by design, which entails taking to public security, nor is limited to a specific protection of privacy into account in the design period in time, a specific geographical area of IT systems; through increased focus on the and/or a specific group of people that could be rights of individuals and IT security; through risk involved in serious crime, is in conflict with EU management; and through fines of up to EUR law. Targeted retention of data is still allowed 20 million. The Ministry of Justice has launched but in the institute’s opinion a general retention comprehensive work to implement the GDPR, obligation as the one that currently applies and this work is expected to be completed under Danish law is not compatible with EU law. during the first quarter of 2017.54 The Police Directive is covered by the Danish EU opt-out, however the Danish Parliament has decided to accede to the Directive.55 HUMAN RIGHTS IMPROVEMENTS

In the autumn 2015, the Government worked to • The November 2016 Government coalition reintroduce session logging without any prior agreement states that the Government evaluation of the current data retention rules, affords the protection of personal data and this spurred much debate in early 2016.56 high priority and wants to strengthen the However, in March 2016, the Government protection of personal data. The Government announced that session logging, to the extent will prepare an overall strategy for protection it had envisaged, would be too expensive to of personal data, including providing more introduce. Subsequently, in collaboration resources for the Danish Data Protection with the police and the telecom industry, the Agency.60 It is proposed to allocate DKK 2 Ministry of Justice continued work to find a million annually to the Danish Data Protection cheaper alternative, and a revision of the rules Agency from 2017 and onwards, which on data retention has been postponed to the corresponds to an increase in appropriations 2016-17 Parliamentary session.57 In July 2016, of around 10 percent.61 the current data retention rules were submitted

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• In 2016, the Ministry of Justice conducted Chinese Visa Application Centre.65 The case a consultation (evaluation) of the current is an unfortunate example of insufficient data rentetion rules in the context of security with regard to the management of work to design new rules. The Ministry personal data. suggested differentiating between different forms of retained data and shortening the • In December 2016, the Danish Parliament retention period for some of this data.62 If adopted an amendment to the Danish the Government goes through with these Security and Intelligence Service Act. The suggestions, it will be following some of Act lifts the obligation of the Danish Security the institute’s recommendations. However, and Intelligence Service (PET) to delete following the judgement by the European information about a person, even when this Court of Justice with regard to Swedish and information is no longer necessary for the British data retention rules, the question is work of the Service. Furthermore, the Act also whether the intended changes are enough lifts the obligation to continuously assess the to bring Danish data retention rules in need to continued registration of personal compliance with EU law. data as long as the time limits for deletion are not exceeded.66 As a result, data which are unnecessary, incorrect or outdated will not be deleted. The legislative amendment has NEW CHALLENGES therefore been the object of critique from the institute and others. • On 1 January 2016, the Executive Order on automatic number plate recognition (ANPR) • Since the Danish population voted not entered into force.63 In its consultation to abolish the Danish EU opt-out, the memorandum, the Ministry of Justice stated Government has tried to initiate negotiations that ANPR can constitute an interference with about accession to the EU Passenger Name citizens’ right to respect of privacy, and so the Record (PNR) Directive via a so-called question is whether ANPR instead ought to parallel agreement. The Danish Security and be regulated directly through an act.64 Intelligence Service (PET) has previously, without authorisation, collected PNR data • In July 2016, it was revealed that a registered through the Central Customs and Tax letter from SSI (the Danish national Administration (SKAT). In 2015, however, institute responsible for infectious diseases the Danish Parliament adopted an act preparedness), which contained two CDs with authorising PET to collect the data. The Act the health data of approximately 5 million was implemented through an executive order , was erroneously delivered to the in December 2016.67 In this connection, the

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institute expressed its concerns again that the legislation would mix competences in respect RECOMMENDATIONS of administrative law, in that the Central Customs and Tax Administration (SKAT) is Among other things, the Danish Institute given competence to carry out investigations for Human Rights recommends that the in an area in which the Tax Administration is Government: not the responsible authority. For this same reason, it would seem doubtful that collecting • replace the general Danish data retention the data meets the requirement for data obligation with an obligation that meets minimisation, because the Tax Administration the strict requirements for necessity and (SKAT) is collecting data that is not necessary proportionality in accordance with the for the performance of its own authority judgements by CJEU in the Digital Rights tasks.68 Ireland and Tele2 Sverige and Watson cases, as well as - by presenting specific alternatives - demonstrating that the revised rules are necessary and proportionate. SURVEYS BY INTERNATIONAL BODIES • initiates an overall review of Danish anti- • In 2016, the European Union Agency for terrorism legislation. Fundamental Rights (FRA) had sharp focus on the right to privacy and data protection: In • initiates an analysis and systematic May 2016, FRA published its annual report assessment of the overall supervision on fundamental rights, which sheds light on and oversight of the intelligence services, a number of common European challenges including the Danish Centre for Cyber with regard to data protection.69 FRA Security. encourages Member States to incorporate human rights protection in legislation on national intelligence services and to secure the independence of national data protection authorities (DPAs) by providing these authorities with adequate resources and competences to safeguard that national data retention rules take account of the Digital Rights Ireland judgement by the CJEU.

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CHAPTER 6

ETHNIC ORIGIN

HUMAN RIGHTS AND ETHNICITY DEVELOPMENTS IN HUMAN Human rights law protects the rights of all RIGHTS IN 2016 people, and the principle of non-discrimination Prohibition against discrimination on grounds is therefore central to human rights law. of race or ethnic origin is guaranteed by Prohibition against discrimination is directly Danish law, both within and outside the labour or indirectly included in all human rights market. In practice, however, many people conventions. The UN International Convention experience discrimination due to their ethnic on the Elimination of All Forms of Racial origin.70 Prejudices and negative stereotypes Discrimination protects specifically against can increase the risk of not only discrimination discrimination on the grounds of race, colour, against individuals but also of polarisation descent, national or ethnic origin. and stigmatisation of entire groups within a population. Any person, irrespective of race or ethnic origin, is entitled to equal access to all existing Lack of equal opportunities for persons with rights without discrimination. The equality ethnic minority background remains the most requirement entails that the state is obliged significant challenge in the field of ethnicity. to ensure equal treatment as well as prevent In the area of education, 58 percent of discrimination. Ethnic minorities can also be immigrants and descendants of immigrants particularly vulnerable in a large number of of non-Western origin between the age of 20 contexts due to prejudice and stigmatisation. and 24 had completed an upper secondary The thematic report on ‘Ethnic origin’ (in level education programme in 2015, while Danish) from the institute’s Status Report the corresponding share of young people of 2015-16 contains more information about the Danish origin was 71 percent.71 In the labour challenges and issues affecting persons of market, the employment gap between non- other ethnic origin than Danish. Western immigrants and ethnic Danes is still considerable. Employment rates for male and female non-Western immigrants are 53 percent and 46 percent, respectively, while

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the employment rates for ethnic Danes is 76 Danishness and about who can be called percent for men and 73 percent for women.72 Danish and what being Danish entails. The At the same time, a survey has revealed that debate has primarily been about whether you people with an ethnic minority background are automatically Danish if you are born in have to submit on average 52 percent more job Denmark or whether you have to acquire certain applications in order to be invited for the same values and attitudes to become Danish. number of job interviews as people of Danish ethnic origin. The debate about Danishness became particularly topical when it was revealed that an In November, the institute launched a new survey upper secondary school had decided to divide of vocational college students and their access its pupils into classes based on their ethnicity. It to apprenticeships. The survey results show that was subsequently discussed whether ethnicity up to one in three apprenticeship consultants at had been a criterion in connection with the Danish vocational colleges regularly encounter division or whether emphasis had solely enterprises which deselect young people with been placed on academic and pedagogical an ethnic minority background when filling their considerations. The institute has decided to apprenticeship positions.73 bring the matter before the Board of Equal Treatment since there is need to clarify which In 2015, a survey by the National Social Appeals criteria were actually involved in the division Board of the private rental market found that and clarify when it is permissible for schools people with an ethnic minority background and upper secondary schools to make such a are being discriminated against. The survey division. revealed that applicants with Middle-Eastern- sounding names on average have to submit 27 During the summer of 2016, a number of media percent more applications than applicants with outlets described problems with camps of Danish-sounding names if they are to have the homeless foreign nationals creating insecurity same chance of a positive reply.74 and disorder. The camps were referred to as Roma camps by media, politicians and According to the national integration barometer, ministers alike.76 In December 2016, the 43 percent of immigrants and descendants Ministry of Justice submitted an amending of immigrants of non-Western origin have executive order to consultation, the objective experienced being discriminated against on of which is to criminalise establishing and account of their ethnicity.75 staying in camps. Statements by the legal affairs spokesperson of Denmark’s Liberal Recent years have seen intense that only Roma camps are covered by and public debate about what constitutes the criminalisation, not Danish homeless

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people, occasioned the institute to raise critique about the use of the ‘Roma camps’ as HUMAN RIGHTS IMPROVEMENTS a term.77 The institute finds it problematic to associate an ethnic group with a certain and • In spring 2016, the Government established problematic conduct, because this may lead an agreement with the labour market social to discrimination and further stigmatisation. partners (a tripartite agreement) about better See also chapter 19 below about unregistered integration of refugees in the Danish labour migrants. market.

In November 2016, a tweet by Copenhagen • On the basis of the tripartite agreement, the Police sparked debate. The tweet said that Danish Parliament agreed to introduce a several foreigners (gy...) are after your pin code. new basic integration training programme in Take care at Vesterbro where these thieves 2016. The objective of the basic integration offer to help you - Say, No thanks! Copenhagen training programme is to ensure jobs and Police was criticised for using the brackets to qualification enhancement for refugees and imply ‘gypsies’, a word which is considered reunited family members of refugees whose a condescending term for the Roma ethnic qualifications and productivity do not yet group. Copenhagen Police apologized for meet the requirements of the Danish labour the statement and said that it should have market. It is the intention that the programme said ‘Roma’ in the tweet. Copenhagen Police form the basis for refugees and reunited then tweeted that spoken out of line. Best family members of refugees to obtain for communication to use only one word for qualifications that will allow them to embark Eastern European travelling criminals: Roma. on a vocational education or find permanent The statements by Copenhagen Police were employment on the Danish labour market. met by extensive criticism from Amnesty Companies which establish and conduct basic International, for example, which criticised integration training programmes receive the statements for stigmatising an already a special bonus. The integration training vulnerable group of people. Copenhagen programme has been introduced as a three- Police has apologized for the statements and year test scheme.80 has conceded that it was wrong to refer to ethnicity.78 The Minister for Justice at the time • On the basis of the tripartite agreement, in expressed his satisfaction with the apology 2016 the Danish Parliament also agreed that from Copenhagen Police.79 the state could pay a bonus to companies which employ a refugee or a reunited family member of a refugee in the period 1 July 2016 to 30 June 2019, if the employment is no later

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than two years after the person in question support for a total of 12 months, they have has been granted a residence permit. The to document at least 225 hours of ordinary, employment has to be ordinary employment non-subsidised employment within the last 12 for more than 19 hours a week.81 months in order to be able to maintain their entitlement to full benefits. The rules entered • The Government has prepared a new 2017- into force on 1 October 2016.84 It is assumed 2020 national action plan on honour-related that the so-called 225-hour rule will affect conflicts and negative social control.82 persons not born in Denmark in particular.

• In spring 2016, the Danish Parliament agreed to make changes to the rules pertaining to NEW CHALLENGES refugees and reunited family members of refugees to the effect that municipalities • In March 2016, the Danish Parliament agreed will no longer have to offer all refugees to extend the group entitled to receive the and reunited family members of refugees so-called integration benefits, with effect a health assessment by a physician by no from 1 July 2016. This means that all persons later than three months after they become who have not lived in Denmark for a total of the responsibility of the municipality. The seven out of the last eight years are no longer amendment means that, now, municipal case entitled to education support or cash benefits, officers are left with the assessment as to who but only to the lower integration benefits. The may be in need of a health assessment. The integration benefits may be supplemented by institute has criticised the amendment on the a Danish supplement. To receive the Danish grounds that it is difficult for case officers to supplement, you must have passed a Danish assess who may need a health assessment.85 language test at a certain level. In practice, foreign nationals have far more difficulties • In 2013, the Ministry of Justice set up getting the supplement than Danes, because a committee to assess the quality and Danish nationals generally have less difficulty administration of interpretation services documenting the required Danish skills.83 in Denmark. So far, the work of the committee has resulted in the preparation • In March 2016, the Danish Parliament agreed of an interpretation services handbook, a to introduce a ceiling on the benefits for set of guidelines and a revised reporting recipients of integration benefits, education form. However, the core issue has yet to be support or cash benefits. In this context, a addressed: namely, that Denmark lacks an requirement was imposed on the recipients education programme for interpreters aimed of these benefits that, after having received specifically at the most important refugee

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and migrant languages. The time limit for • On the basis of surveys conducted in nine final reporting from the committee has been EU Member States, the EU-MIDIS II report postponed on several occasions. on Roma concluded that one-third of Roma children go to bed hungry at least once every month, while 50 percent of Roma children and youngsters aged between 6 and 24 do DANISH ISSUES EXAMINED BY not attend school. Denmark did not take INTERNATIONAL BODIES IN 2016 part in the survey. The report concluded that Roma, the largest ethnic minority in the EU, • In January 2016, Denmark was reviewed by are experiencing continued discrimination, the UN Human Rights Council as part of the lack of equal treatment and lack of access to Universal Periodic Review (UPR). The review fundamental benefits.88 resulted in a number of recommendations regarding discrimination and equal treatment • In 2016, FRA published a report on with regard to race or ethnic origin.86 The antisemitism in which the agency collected review included a recommendation that data on anti-Semitic incidents in 28 EU Denmark enhance its efforts to eliminate Member States – including Denmark – from discrimination and and to promote 2005-2015. The survey shows that the tolerance, inclusion and intercultural number of anti-Semitic incidents has been understanding by preparing a national action increasing in recent years.89 plan against racism and xenophobia. • FRA also published a report on incitement • In June 2016, Denmark was reviewed by to discrimination, hatred or violence against the UN Human Rights Committee, which specific groups both in media content as well monitors implementation by State parties as in political discourse. The report concludes of the UN International Covenant on Civil that the media and the political discourse – and Political Rights. In its concluding report, online as well as offline – have a tendency amongst other things, the Committee to incite to discrimination, hatred or violence expressed concern over the lack of health against various groups. Among other things, assessments for asylum-seekers who may FRA expressed concerns over the fact that have been exposed to torture in their home the possibility of spreading false accusations countries.87 that incite to hatred is expanding rapidly in an age where the internet serves is the primary In 2016, through a number of publications, source of information for many people.90 the European Union Agency for Fundamental Rights (FRA) focussed on the conditions and rights of ethnic minorities:

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RECOMMENDATIONS

Among other things, the Danish Institute for Human Rights recommends that the Government:

• prepare a national action plan to combat hate crime.

• take steps to amend the Integration Act to the effect that all new refugees and reunited family members of refugees will again be offered a health assessment by a physician after they have been allocated housing in a municipality.

We also recommend that:

• The Ministry of Higher Education and Science encourage the establishment of an education programme for interpreters aimed specifically at the most important refugee and migrant languages. The objective of the programme should be to ensure good language skills, knowledge about relevant specialist terminology, as well as interpretation competences, including interpretation techniques, and ethical regulations for interpreters.

• The Ministry of Immigration and Integration establish a certification scheme to clearly identify the level of competence of persons working as interpreters today.

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CHAPTER 7

FAMILY LIFE

THE RIGHT TO FAMILY LIFE nationals to move to Denmark, but also with The right to family life is a human right that a view to ensuring integration of the reunited concerns every one of us. Among other things, family members. The Government wishes to the right to family life protects the relationship tighten the family reunification rules for foreign between parents and children, between nationals who are poorly positioned to be spouses and cohabitees as well as between integrated into society.91 close family members. This right is protected in a number of human rights conventions and Pressure on the asylum process has also meant primarily protects against interference by the that, in February 2016, the Danish Immigration state in family life. Nevertheless, this right can Service extended the expected maximum case also entail positive obligations for the state to processing time for cases relating to family establish conditions in which family life can be reunification.92 exercised. The right to family life is reflected in many parts of Danish legislation. The thematic In April 2016, the Court of Justice of the report on the ‘Right to Family Life’ (in Danish) European Union (CJEU) delivered its from the institute’s Status Report 2015-16 judgement in the Genc case. The Court ruled contains more about the right to family life with that a Danish family reunification rule violates regard to access to family reunification etc. agreements between the European Union and Turkey. The rule meant that the integration DEVELOPMENTS IN HUMAN potential for children over six-years old would RIGHTS IN 2016 not be assessed if family reunification was The right to family life and particularly applied for by no later than two years after the consequences of this right regarding the parent residing in Denmark fulfils the immigration have been the subject of debate requirements for applying.93 A Bill abolishing in 2016. The limitations which the right to the two-year rule was fast-tracked by the Danish family life put on the possibilities to expel Parliament to bring Danish law into compliance criminal immigrants are discussed in chapter with the ruling. The Bill was adopted in June 18 on ‘Expulsion and extradition’. As in 2015, 2016. At the same time, the limit for assessing 2016 focussed on family reunification with the integration potential was changed from six a view to making it less attractive for foreign to eight years.94

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protection status whose application for family HUMAN RIGHTS IMPROVEMENTS reunification has been rejected due to the new rules. • In November 2016, the Government proposed a Bill to amend the rules for when people • In February 2016, the Minister for can get married in Denmark, and for when Immigration, Integration and Housing at the a foreign will be recognised in time announced that asylum seekers under Denmark.95 Even though the Bill also raised the age of 18 will not be allowed to live with criticism, especially regarding the abolition a spouse or cohabitee at asylum centres.99 of the exemption option for married children The institute has criticised this move on under 18 years, exempting them from having various grounds, including the lack of any to get married (again) in Denmark,96 the provision for assessing in each case whether proposed legislation that entered separation was in accordance with the right to into in a foreign country will be recognised, is family life.100 The practice has subsequently positive. been changed, so that, now, a specific assessment is carried out. On the basis of the debate and criticism, the authorities have drawn up guidelines for accommodation NEW CHALLENGES and a memo on interpretation of human rights law in this area.101 In May 2016, • In January 2016, the Danish Parliament the Ombudsman announced that he adopted an amendment, which, among would initiate an investigation of the case other things, means that the right to family based on the criticism. The results of the reunification for people with temporary investigation were issued in February 2017. protection status has now been postponed, in However, the investigation could not be principle, from one to three years. In addition, fully completed, as new legislation on this fees for applications for family reunification area had been proposed by the Danish were reintroduced.97 Postponing the access to Parliament.102 Nevertheless, the conclusion family reunification was met with particularly of the preliminary investigation was clear: severe criticism, both nationally and abroad.98 According to the Ombudsman, the Minister’s During 2016, the new rule was applied instructions to routinely separate young by Danish authorities, and this has had asylum-seeking couples was unlawful. This significant consequences for those affected. also carried a significant risk that wrong The institute assesses that this is a violation decisions would be made in specific cases of their right to family life. Therefore, the regarding separate accommodation. In institute has entered into legal proceedings summary, the Ombudsman found that the to support a foreigner with temporary approach by the Minister for Immigration,

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Integration and Housing in the specific case was open to significant criticism.103 DANISH ISSUES EXAMINED BY INTERNATIONAL BODIES IN 2016 • In May 2016, the Grand Chamber of the European Court of Human Rights issued its • In January 2016, Denmark was reviewed by judgment in the Biao case (Biao v. Denmark) the UN Human Rights Council as part of the on the so-called 28-year rule (now the 26- Universal Periodic Review (UPR). Denmark year rule) exempting people who have had received a total of 199 recommendations, Danish citizenship for 28 years (now 26 including on postponement of family years) from the ‘attachment requirement’ in reunification for three years for persons with family-reunification cases. The attachment temporary protection status. requirement means that a couple’s aggregate ties to Denmark must be stronger than • In April 2016, the Court of Justice of the their ties to any other country. The majority European Union (CJEU) delivered its of judges found that the rule constituted judgment in the Genc case. As mentioned discrimination between Danish nationals.104 above, the Court ruled that a Danish family The ruling left it to the Danish Government reunification rule violates some agreements to adopt new non-discriminatory rules. In between the European Union and Turkey. June 2016, the Minister announced that the Danish Immigration Service was to • As mentioned above, in May 2016, the ECHR disregard the 26-year rule until a legislative Grand Chamber ruled that the Danish 26-year amendment had been adopted.105 According rule constituted discrimination.109 to the institute, this is not legal.106 In October 2016, the Ministry submitted a Bill for • In June 2016, Denmark was reviewed by consultation. March 2017, the Bill was put the UN Human Rights Committee, which forward in Parliament together with another monitors implementation by State parties of Bill introducing a new family residence the UN International Covenant on Civil and permit allowing Danish expats with certain Political Rights. In its concluding report, the employment qualifications to return to Committee criticised the three-year rule for Denmark with their families.107 If adopted, it family reunification.110 will mean that, in future, Danes without the particular employment qualifications who In 2016, the European Union Agency for return from abroad and their accompanying Fundamental Rights (FRA) generally focussed spouse or partner will also have to fulfil on the migration area, including family the attachment requirement and thus, they reunification: will find it more difficult to obtain family reunification.108

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• The annual FRA Fundamental Rights Report focussed on asylum and migration. In this RECOMMENDATIONS connection, FRA announced that, in order to respect the right to family life and to prevent Among other things, the Danish Institute illegal entry into the European Union, there for Human Rights recommends that the is a need to overcome practical and legal Government: obstacles preventing or significantly delaying family reunification and to refrain from • take steps to repeal the provisions of imposing new ones.111 the Aliens Act requiring that people with temporary protection status cannot in • Since September 2015, FRA has reported principle achieve family reunification within regularly on the migration situation in the the first three years. European Union, and since January 2016 the reports have been monthly. Denmark has been included in the reports since November 2016. In September 2016, the report focussed on family tracing and family reunification. The December report had a separate report on children, in which FRA highlighted the challenges in Denmark regarding accommodation of young couples.112

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CHAPTER 8

INVESTIGATORY POWERS OF PUBLIC AUTHORITIES

HUMAN RIGHTS AND INVESTIGATORY DEVELOPMENTS IN HUMAN POWERS OF PUBLIC AUTHORITIES RIGHTS IN 2016 Citizens of a constitutional state have a right to According to the Danish Constitution, authority privacy and to own and enjoy private property. access to private property generally requires Only under specified conditions may the state a court order. However, this may be derogated interfere with the rights of citizens. This is from if stipulated in a provisiont. Over the years, stipulated in the Danish Constitution and in the authorities have acquired an increasing international human rights law. The right to number of options to gain access to private interfere is not only for the police. Under certain property without a court order. In February conditions, administrative authorities may also 2016, the number of statutory authorities conduct inspection visits to businesses and derogating from the requirement to obtain a citizens and put citizens under surveillance. court order was at its highest level ever, i.e. 271 (in 2015 the figure was 266).113 Investigatory powers of administrative authorities are not necessarily subject to the same strong The Danish Ministry of Justice’s annual report protection guarantees as criminal-procedure on coercive measures shows that, in 2015, interference pursuant to the Administration of 16 provisions were adopted regarding public Justice Act. In addition to setting the frameworks authorities’ right to carry out coercive measures. for interfering in the rights of individuals, human Five provisions were new, eight extended the rights law obliges Member States to launch area, and two repealed the right to carry out investigations of possible violations of human coercive measures.114 The provisions are used rights obligations and to ensure the possibility of particularly within areas involving foodstuff, challenging any infringement before a national employment, tax, competition and the authority or court. environment. Despite the fact that the point of departure in the legislative framework is often The thematic report on ‘Investigatory Powers that inspection visits from authorities must be of Public Authorities’ (in Danish) from the with advance notice, in practice notice is given institute’s Status Report 2015-16 contains more for only a limited number of visits within the about human rights and investigatory powers of areas mentioned above. public authorities.

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In some cases, the authorities carry out joint number of appeals cases decreased by around inspections. When authorities carry out joint 25 percent compared with 2014. A total of inspections, there is a risk that the legal basis of 79 percent of decisions were upheld. This is the individual authorities will become blurred, an improvement compared with the previous and that the authorities will actually interfere in year, when 65 percent of cases were upheld. matters in which they have no legal basis.115 In comparison, when these areas were under the municipalities, 48 percent of cases were In 2015, a new IT body, Den Fælles Dataenhed upheld.118 However, the report also shows (a data unit to help collaboration between that Udbetaling Danmark has made material municipalities on control work), was established case-processing errors in several cases, under Udbetaling Danmark (the Danish including insufficient consultation of parties or authority for payments of benefits etc.). The justification. There are large differences within new unit is to expose social security fraud or each individual case areas. Rulings in cases benefits wrongly paid by combining data from about housing benefits and social pensions various registers at public authorities and in particular were criticised and commented unemployment insurance funds. However, up to on, even though decisions were upheld. For August 2016, the establishment of Den Fælles instance, more than half of the rulings in cases Dataenhed had only resulted in demands for regarding housing benefits were criticised, even small amounts to be repaid.116 though decisions were upheld.119 Almost 10 percent of cases in this area were remitted for Since the establishment of Udbetaling reconsideration. Danmark in 2012, access to combine information regarding individuals has As a consequence of rules existing at the time continuously expanded. By coordinating on mutual obligation to maintain (one another) registers, data collected for one purpose for cohabitees, in 2014 cash benefits for a is processed for another and new purpose. large group of recipients were cut because From a human rights perspective, Udbetaling of the income of their cohabitee. Several Danmark’s comprehensive access to combine municipalities made the recipient aware of the data on citizens is worrying. decision on mutual obligation to maintain (one another), but they did not inform the cohabitee. In 2015, Udbetaling Danmark paid benefits The decisions were invalid, and the cases had to a total of 2.75 million recipients. Once a to be reopened. In July 2016, the Ombudsman year, the National Social Appeals Board (the stated that municipalities themselves were appeals body for complaints against decisions obliged to review invalid decisions if they could made by Udbetaling Danmark) prepares a retrieve the cases, and if this did not cause report on appeals cases regarding Udbetaling them serious administrative difficulties.120 Danmark.117 The 2015 report showed that the

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HUMAN RIGHTS IMPROVEMENTS NEW CHALLENGES

• In May 2016, the former Government under • The number of occasions on which the Liberal Party entered into an agreement administrative authorities carried out with the Danish Social Democrats, the Danish inspection visits without a court order on the People’s Party, Liberal Alliance, the Danish basis of statutory powers increased from 264 Social-Liberal Party, and the Conservative in 2014 to 271 in February 2016. People’s Party on improving due process in the tax area (Retssikkerhedspakke II). The agreement includes several initiatives within the tax area, including the establishment RECOMMENDATIONS a tax office with the Danish Parliamentary Ombudsman to improve due legal process The Danish Institute for Human Rights for citizens, reintroducing the right to recommends that the Government: reimbursement of expenses for expert assistance etc. for companies and foundations • take steps to regulate by law the measures of liable to pay tax, changing the deadline that municipalities in having citizens, who receive limits lodging cases before the Ombudsman, social security benefits, under observation and finally establishing a tax law council.121 in the public space. Such measures are currently only limited by the principle of • Further to the agreement, in December proportionality enshrined in administrative 2016 the Danish Parliament reintroduced law. reimbursement of expenses for expert assistance etc. for companies and foundations • take steps to amend the Act on Udbetaling liable to pay tax.122 Danmark so that regulations are laid down on informing citizens when they figure on a list of • In 2016, the Government removed the questionable persons (undringsliste), as well annual airport checks introduced in order to as special regulations for the correction and expose social security fraud. The institute had possible deletion of information on the list. criticised the previous rules in the area as they This will give citizens the chance to prevent granted access to arbitrary measures against initiation of a formal enforcement case. all travellers.123 However, several parties in the Danish Parliament have suggested that the airport checks be reintroduced.124

36 CHAPTER 9

DEPRIVATION OF LIBERTY

HUMAN RIGHTS AND DEPRIVATION DEVELOPMENTS IN HUMAN OF LIBERTY RIGHTS IN 2016 Deprivation of liberty is one of the most The overall number of prison sentences is intensive interventions a human being can decreasing and this is a positive trend. However, be exposed to. The right to personal liberty this trend should also be seen in light of the implies prohibition against arbitrary deprivation greater use of alternatives to imprisonment, of liberty and a fundamental principle that such as community service and electronic deprivation of liberty should only be used tagging. The greater percentage of the use of as a last resort. Personal liberty is primarily alternatives to imprisonment also means that protected by human rights law defining inmates in Danish prisons have become more acceptable reasons to deprive individuals of hardened. their liberty. Human rights law also imposes a range of procedural requirements to be An increasing number of prison officers report complied with in connection with deprivation of being subjected to violence or threats from liberty, e.g. judicial control, so that deprivation inmates. Preliminary figures for the first nine of liberty only takes place with satisfactory months of 2016 show that 522 employees were legal safeguards and on the basis of societal subjected to violence or threats of violence.125 necessity. The Danish Constitution also protects For comparison, this figure was 538 for all of the right to personal liberty. 2015. The majority of episodes took place in closed prisons and detention centres. Human rights law also states the essential and fundamental principle that all persons deprived The Danish Prison and Probation Service of their liberty shall be treated with humanity user survey for 2015 shows that 75 percent and with respect for the inherent dignity of the of inmates state that they have a positive human person. Read more about deprivation relationship with prison staff.126 Nevertheless, of liberty in the thematic report on ‘Deprivation the survey also shows that 22 percent of all of liberty’ (in Danish) from the institute’s Status inmates state that they have been threatened Report 2015-16. by staff. For inmates in closed prisons, this

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figure is 33 percent. Similarly, 11 percent stated institute expressed general concern about that they have been exposed to violence by the the conditions under which detained foreign staff. In closed prisons, this figure is 19 percent. nationals were being held at the facility. After a later re-visit to the facility, the Ombudsman In 2016, the Danish Parliament adopted two concluded in a statement dated 20 September Bills regarding radicalisation and extremism 2016 that the conditions for foreign nationals in prisons. The Bills concern exchange of had improved significantly. Foreign nationals information about signs of radicalisation and are no longer locked inside prison cells most extremism127 and sectioning radicalised and of the time – they can now walk around and extremist inmates.128 Exchanging information interact with other people in common areas. between authorities about inmates “deemed In addition, they are offered activities and to be radicalised or at risk of being radicalised” employment. has become easier. Inmates can be sectioned to minimise, as far as possible, their access to influence other inmates to carry out extremist actions. Among other things, the institute has HUMAN RIGHTS IMPROVEMENTS criticised the Bills for not being sufficiently clear and precise. • Conditions for detained asylum seekers in Vridsløselille have improved significantly after Measures against illegal mobile phones in the Ombudsman visited the facility. prisons were tightened significantly in 2016. Mandatory disciplinary measures, more severe • The number of pre-trial detentions in 2015 penalties (including increased period for fell by 11.8 percent compared with 2014, and assigning inmates to punishment cells from amounted to 4,404. At the same time, the two to four weeks) and suspension of exit number of long-term pre-trial detentions entitlements for inmates were introduced for fell by 7.8 percent compared with 2014. inmates violating the mobile-phone ban.129 The However, the average duration of these pre- institute has criticised this change and pointed trial detentions rose by 0.6 months in 2015 out that Denmark risks being the subject of compared with 2014.130 Pre-trial detention is international criticism for its increasing use of considered long-term if it lasts longer than punishment cells. three months.

Detention of asylum seekers and their • Pre-trial detention in solitary confinement conditions under detention have also been continues to fall. From 2001 and up to 2006, discussed in 2016. Based on an unannounced this figure was fairly stable at around 500 visit to the Vridsløselille facility, in February annual solitary confinements. After 2006 2016, the Ombudsman, Dignity and the and up to 2011, the figure varied considerably

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between 327 in 2008 at its peak and 127 in the individual districts. In one police district, 2010 at its lowest. Particularly from 2011 and 72 percent of inmates were subject to checks until now, the figure fell considerably – from on correspondence and during visits in 2015. 186 in 2011 to only 32 in 2015, corresponding to 0.7 percent of the total number of people • In 2015, the Danish Prison and Probation remanded in custody. Service had an average capacity of 3,777 spaces, of which, on average, 90.6 • The number of inmates in voluntary solitary percent were occupied. This is a material confinement (voluntary exclusion from other improvement compared with previous years, prisoners) in Danish prisons and detention in which the average occupancy rate was centres fell to 382, the lowest figure in the around 97 percent and in certain periods past 10 years, during which period the figure exceeded 100 percent.133 Nevertheless, has fluctuated between 512 at the lowest and new figures from the Danish Prison and 788 at the highest. The figure is still high, Probation Service show that in 2016 capacity though. The number of disciplinary sanctions, was reduced to 3,590 spaces, and that the including solitary confinement during remand average occupancy rate subsequently had custody, also fell in 2015. risen to 95.3 percent.134

• In 2015, 842 sentences to psychiatric • Despite the decrease in the use of remand treatment were delivered, corresponding to a custody as a disciplinary measure in 2015, decrease of almost 7 percent compared with the figure remains at a high level and is 2014, when 901 were delivered.131 significantly higher than at the beginning of the millennium.135

• A significant number of inmates experience NEW CHALLENGES violence or threats from their fellow prisoners, and female detainees are at risk • Despite a decrease in the number of pre-trial of sexual harassment from fellow inmates. detentions, people remanded in custody still Inmates are also exposed to violence and make up almost one-third of inmates in the threats of violence from prison staff.136 Prison and Probation Service’s institutions. At the same time, on average around 45 percent • An increasing number of prison officers of people remanded in custody in 2015 were report being subjected to violence or threats subject to checks on correspondence and from inmates. 2016 saw examples of serious during visits, and this is a serious intervention attacks on prison officers during their time off, in the life of people remanded in custody.132 including shootings. There are also considerable differences within

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• A very large number of inmates in the Prison and Probation Service’s institutions have RECOMMENDATIONS mental health problems, and a significant number are mentally ill. The Danish Institute for Human Rights recommends that the Government:

• take steps to reform the provisions of the DANISH ISSUES EXAMINED BY Criminal Code on leniency and criminal INTERNATIONAL BODIES IN 2016 sanctions other than imprisonment for the mentally ill in order to ensure proportionality • In 2016, Danish issues were assessed by between the actual offence and the the UN Human Rights Council as part of prescribed measure. the Universal Periodic Review (UPR)137 and the UN Human Rights Committee in the • take steps to minimise the use of all forms of review of Denmark’s implementation of solitary confinement in Danish prisons. the UN International Covenant on Civil and Political Rights.138 Among other things, both We also recommend that the Danish Prison and bodies recommended prohibiting solitary Probation Service: confinement of children. This had also been recommended by the UN Committee Against • ensure that inmates in remand custody gain Torture (CAT) in 2015.139 better access to meaningful social contact and meaningful activities. • In November 2016, the European Union Agency for Fundamental Rights (FRA) • undertake a thorough investigation into the published a report on human rights aspects extent and nature of violence and threats in with regard to EU cross-border transfers of the Prison and Probation Service’s institutions detained people. The report describes the with a view to subsequent preventive application of EU extradition regulations and measures. their relationship with fundamental rights protection in all 28 EU Member States, See also recommendations regarding detained including Denmark.140 asylum seekers in chapter 3 on ‘Asylum’.

40 CHAPTER 10

DISABILITY

HUMAN RIGHTS AND DISABILITY disabilities are a very diverse group of people. As a group, persons with disabilities were For some people, a disability does not result in overlooked when the UN Universal Declaration unequal opportunities, but for others it does. of Human Rights was adopted in 1948 and when the two large UN covenants on human Lack of equal opportunities and inclusion in rights were adopted in 1966. In principle, society for persons with disabilities remains persons with disabilities are covered by general the most significant challenge in the field of human rights, but practice has shown that disability. persons with disabilities often do not enjoy these rights. The 2006 Convention on the Persons with disabilities generally have a Rights of Persons with Disabilities is the first weaker attachment to the labour market, legally binding convention solely about persons complete shorter training programmes, are with disabilities. The convention stipulates more often single, have fewer children and that States parties must promote equal are less socially active than persons without opportunities for persons with disabilities in all disabilities.142 A total of 23 percent of persons aspects of life regulated by human rights. The with major physical disabilities and 32 percent thematic reports on ‘Disability’ and ‘Family life’ of persons with major mental disabilities (in Danish) from the institute’s Status Report experience being discriminated against 2015-16 contains more about the rights of on grounds of their disabilities.143 Despite persons with disabilities and about the right of this, there is no general prohibition against parents with disabilities to receive support for discrimination on grounds of disability.144 parenthood. However, in February 2017, the Government announced that such a prohibition will be DEVELOPMENTS IN HUMAN introduced.145 RIGHTS IN 2016 Between 18 percent and 30 percent of the Even though this area has seen improvements, Danish population have a disability, i.e. a long- there are still massive problems with coercion term illness or impairment.141 Persons with in psychiatric treatment. In 2016, a number of

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tragic cases of killings in sheltered housing 6 of the Guardianship Act. When people have facilities for persons with a mental illness a guardian appointed, this is to protect them have prompted discussions on better security against financial abuse, including to prevent in sheltered housing. In September 2016, a them from squandering their fortune. There working group set up by the Government with is no link between the person’s need for representatives from a number of ministries, guardianship and their ability to vote. According Danish Regions and Local Government to the institute, denying this group access to Denmark published a report recommending vote contravenes human rights law. establishing a new type of sheltered housing for an estimated target group of around 150 Following the most recent parliamentary people with aggressive behaviour, mental election, a number of persons under illness and substance abuse.146 According to the guardianship brought an action against the proposal from the working group, it should be Danish state to obtain recognition for their right possible to place these people in this type of to vote.147 In 2016, the institute intervened in the sheltered housing against their will. Moreover, proceedings and supported their case. The case the proposal suggests more possibilities to is being complicated by the fact that the Danish utilise deprivation of liberty and use of force. Ministry of Justice has assessed that granting Even though the proposal aims at reducing use these people the right to vote in parliamentary of force, the institute has expressed concern elections and in referendums would be in that the proposal will relax the requirements for breach of the Danish Constitution. The institute use of force and deprivation of liberty. does not agree with this assessment. The Danish High Court will give its verdict in the first Following a series of critical consultation half of 2017. responses from the institute, the Danish Medical Association, etc., the Government In recent years, there has been increased withdrew the Bill. Therefore, introduction of municipal focus on due process for vulnerable the new type of sheltered housing facility is groups.148 Disability organisations have pending additional political negotiations, but expressed concern that municipal budgets put the Government has maintained its aim of pressure on due legal process for citizens in establishing a new type of sheltered housing. specific decisions taken under administrative law. The National Social Appeals Board annual In Denmark, all Danish nationals over 18 statement for 2015 shows that the National years have, in principle, the right to vote in Social Appeals Board changed or remitted 33 parliamentary elections and in referendums. percent of decisions under the Social Services However, this does not apply to anyone who Act, and changed or remitted 52 percent of has had a guardian appointed under section decisions under the Due Process Act.

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HUMAN RIGHTS IMPROVEMENTS NEW CHALLENGES

• The Danish Parliament has adopted • There has been an increase in the number of an amendment to give persons under physical restraints shorter than 48 hours.154 guardianship the right to vote in local and regional elections as well in as elections to • The percentage of people who are forcibly the .149 medicated with sedatives was almost constant at around 7.8 percent of inpatients • Bills have been presented for the Election in psychiatric treatment in the period 2011- to the Danish Parliament Act, the Election of 2015/2016.155 Danish Members to the European Parliament Act and the Local and Regional Elections Act, • Introduction of the ceiling on social security according to which persons who are not able benefits risks afflicting persons with to cast their vote can choose a representative disabilities as these are over-represented in to help them vote.150 the category of recipients of social security benefits who are not ready for the labour • The latest figures from the Danish Health market.156 Authority indicate that, nationwide, the use of prolonged physical restraint in psychiatric • In October 2016, the political parties behind treatment (over 48 hours) continues to fall.151 the public pool of funds agreed on an action plan to prevent violence in sheltered housing • The Government, Local Government facilities. The action plan includes a proposal Denmark, and Danish Regions have published to establish 150 spaces in a new type of a common public-sector digitisation strategy specialist social psychiatric department which, among other things, focusses aimed at citizens with severe mental illness, on making digital solutions from public substance abuse and aggressive behaviour. authorities available to everyone, including Ensuring that the establishment of the new persons with disabilities.152 sheltered housing facilities does not result in additional use of coercion towards persons • In February 2017, the Government with a mental illness may be challenging.157 announced that a general prohibition against discrimination on grounds of disability will be introduced.153

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We also recommend that: RECOMMENDATIONS • the Ministry of Transport, Building, and The Danish Institute for Human Rights Housing and the Ministry of Finance ensure recommends that the Government take steps effective monitoring of compliance with to: requirements for access to public buildings, public transport and public websites. • introduce a general ban on discrimination on grounds of disability which also applies • the Danish Ministry of Health introduce an outside the area of employment. expiry date for the prolonged use of physical restraint in psychiatric treatment of more than • change the legislation on voting, so that 48 hours, in order to phase out such use. anyone who has had a guardian appointed under section 6 of the Guardianship Act will • the Danish Ministry of Health refrain from still have the right to vote and be eligible introducing deprivation of liberty options in for election in parliamentary elections and the specialist social psychiatric departments, referendums. as proposed in the public pool of funds agreement from October 2016. • amend the conditions of the Adoption Act governing adoption against the will of the parents. Adoption of this type should only occur provided there are overriding considerations pertaining to the child for so doing. It should not be undertaken, however, where the biological parents and child enjoy well-functioning visitation, as this is the only possibility open to the child and parents of engaging in family life.

44 CHAPTER 11

GENDER EQUALITY

HUMAN RIGHTS AND GENDER EQUALITY DEVELOPMENTS IN HUMAN Human rights law protects the rights of all RIGHTS IN 2016 people, and the principle of non-discrimination Danish regulations on protection against is therefore central to human rights law. The gender discrimination and promotion of prohibition against discrimination on the equality cover a broad spectrum of Danish grounds of gender is either directly or indirectly society, and apply particularly for the labour included in all human rights conventions. market. Thus the goal of equality between men and women has a broad scope and covers Any person, irrespective of gender, is entitled people with very different living conditions, to equal protection by all relevant human needs, wants and behaviours. rights without discrimination. The principle of equal rights entails that the state is obligated For the second successive year, Denmark to ensure equal treatment as well as prevent slipped down the global equality rankings by discrimination. Discrimination against women the World Economic Forum.158 Denmark went is a global problem, and the UN Convention on from being number 14 in 2015 to number 19 the Elimination of All Forms of Discrimination out of 144 countries in 2016. Iceland, Finland, against Women deals specifically with ensuring Norway and Sweden are numbers 1, 2, 3 and 4, women equal human rights protection and respectively. According to the World Economic promoting actual equality between men and Forum, Denmark has not made as much women in society. Specific human rights progress as the other e.g. with conventions also exist, e.g. on violence against regard to its maternity/paternity system and women and domestic violence, and these focus percentage of female leaders.159 particularly on protecting women in vulnerable situations. The thematic report on ‘Gender’ (in As in 2015, 2016 was marked by a debate on Danish) from the institute’s Status Report 2015- online sexism and sexually offensive behaviour. 16 contains more information about human A number of cases fuelled the sexism debate. rights and gender equality. These cases included the media’s portrayal of the Danish Olympic swimmer Pernille Blume160

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and discrimination of women in politics in the number of men is estimated to be around wake of former Danish Prime Minister Helle 13,000. An EU survey from Eurobarometer on Thorning Schmidt who left Danish politics violence in close relationships showed in 2016 in 2016 with the words “there is much more that Danes exceed the EU average with regard gender in Danish politics than meets the eye. to the number of people who know of a victim This may be about our hair and handbags, of domestic violence in their circle of friends about what we’re wearing, and the height of our and family. However, Danes do not consider heals”.161 to be very common and in this respect Denmark is far below the EU In August 2016, the Danish Broadcasting average.166 Corporation (DR) brought attention to the phenomenon of revenge porn in its programme In March 2016, the Government presented series Ung, nøgen og udstillet (young, naked its ‘Stop Stalking’ proposal; a broad range of and exposed). In 2016, revenge porn assumed initiatives to improve measures by the police a prominent place on the political agenda.162163 and enhance the assistance offered to victims. The debate and subsequent cases indicate that In April 2016, the Legal Affairs Committee of sharing compromising photos without the Danish Parliament held a consultation is a more widespread problem than previously on stalking. In December 2016, the Danish assumed. Parliament adopted a Bill on instant restraining orders to ensure quicker protection of stalking A study carried out by the market research victims. institute YouGov in 2016 for DR showed that up to four out of ten young persons between For the first time ever, in 2017 Denmark will 15 and 30 years old have sent or shared be reviewed by the Council of Europe’s expert nude photos of themselves, while more than group monitoring implementation by Member half have received a nude photo of another States of the on violence person.164 The number of police reports has against women and domestic violence. grown significantly from 2011 to 2016, and the police have had difficulties investigating and prosecuting offenders, e.g. because the offenders use foreign file-sharing services.165

A 2012 survey from the National Institute of Public Health showed that about 30,000 women annually state that they have been exposed to domestic violence, whereas the

46 HUMAN RIGHTS IN DENMARK

victims and ensure a dignified response to HUMAN RIGHTS IMPROVEMENTS victims. The proposal contains several initiatives, including the provision of central • In November 2016, almost DKK 5 million guidelines for receiving and dealing with rape of the public pool of funds were earmarked reports, further police training in interview for a campaign to encourage more men techniques, and strengthening the role of to take parental leave and ensure a more the duty solicitors by introducing special duty equal division of parental leave. One of the solicitors’ lists.169 reasons for the campaign was the institute’s survey from 2015 which showed that one- • Men constitute 27 percent of students fifth of men worry that long paternity leave in teacher training and social education will have negative impacts on their job and programmes, but only 7 percent of career. The debate led the former Minister kindergarten teachers are men, whereas for Children, Education and Gender Equality the figure for day nursery teachers is only to hold a series of meetings in 2016 on this 3 percent. Moreover, a survey carried out issue with Danish businesses, employers’ on behalf of the Ministry of Children, organisations and unions.167 The meetings Education and Gender Equality at the time resulted in a decision to launch the campaign showed that parents would like to see financed by the public pool of funds. Many more male preschool teachers. In 2016, the large businesses and organisations will help Ministry launched a national campaign to develop the campaign, including Mærsk, create awareness about the importance of Danfoss, the Danish Confederation of Trade pedagogical work, and why it is important Unions (LO) and the Confederation of Danish to attract and retain more male preschool Employers (DA).168 teachers in Danish daycare facilities. The campaign material had reached more than 1.5 • In June 2016, the Danish Parliament adopted million Danes by the end of 2016. a Bill intended to ensure more severe sentences for rape, false accusations, and • With regard to gender identity and sexual intercourse with children under gender expression, from 1 January 2017 15 where the adult uses their physical or transsexuality as a disease category was psychological superiority. The amendments removed from the Sundhedsdatabasen entered into force on 1 July 2016 and came (health database). This occurred against in the wake of the Government’s proposal the backdrop that the Danish Parliament from January 2016, ’Respect for victims of had processed a proposed parliamentary rape’. One aim of the proposal is to set clear resolution in which a unanimous health limits as to how the police work with rape committee recommended to the Minister

47 HUMAN RIGHTS IN DENMARK

that transsexuality should no longer be being investigated on the basis of section considered a disease, disorder or sexual 264d of the Criminal Code on forwarding condition. 170 In December 2016, the Minister pictures. However, due to a demanding declared that transsexuality would be workload in 2016, the police have not been removed as a disease category. able to quickly examine all reports on illegal sharing of photos, and therefore it may take up to six months before a report is investigated. Several political parties support NEW CHALLENGES tightening legislation, and the Danish Ministry of Justice is examining whether the Criminal • In 2016, a major survey by the Danish National Code needs updating in order to process Centre for Social Research showed that the cases satisfactorily.171 Danish labour market is still very segregated by gender. Even though the level of education • The low percentage of female leaders is is increasing, men and women with the same one of the areas that has caused Denmark qualifications choose completely different to slip down the World Economic Forum careers. Women typically choose a career Gender Index.172 In order to create a in the public sector and men typically in the more equal representation of genders at private. This situation has not changed much management level, in 2012 the former over the past 20 years. This severe gender Government introduced an Act on targets segregation may pose a major challenge. to promote female representation in boards This applies for instance to the public sector of management and boards of directors. dominated by women in which the current Nevertheless, a 2016 analysis from the average age is fairly high, and therefore institute shows that this Act has only had this sector may face a shortage of labour in limited effect. From the entry into force of future. However, there is great competition the Act until September 2015, only around for unskilled jobs in many sectors dominated 18 percent of new top leaders were women. by men, and these sectors are at risk of The analysis shows that even the most unemployment. optimistic projections forecast that there will not be equal representation of genders at • In 2016, revenge porn proved to be more management level until 2074. widespread than anticipated, with only weak legal protection of victims and weak enforcement of the Danish Criminal Code in cases regarding photo sharing. Cases are

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RECOMMENDATIONS

The Danish Institute for Human Rights recommends that the Government:

• take steps to roll back the reduction of gender-specific pay statistics in the Equal Pay Act, so that businesses with at least 10 (and not, as currently is the case, 35) employees are again subject to the regulations.

• initiate measures to increase take-up of parental leave by fathers in order to create more equality in this area.

We also recommend that:

• the Commissioner of Police ensure uniform and effective practices in individual police districts, in order to provide victims in cases of domestic violence with adequate and quick protection and to prevent further escalation of violence, including through the use of personal attack alarms and safety plans.

• the Danish Business Authority prepare a publicly available benchmarking of businesses covered by the regulations on targets for gender-based composition of management, describing businesses’ gender composition targets and status.

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CHAPTER 12

USE OF FORCE

HUMAN RIGHTS AND USE OF FORCE in confined spaces. However, in May 2015, The UN International Covenant on Civil and restrictions on prison staff carrying pepper Political Rights, the UN Convention against spray on their person were relaxed in high- Torture and Other Cruel, Inhuman or Degrading security departments and detention centres Treatment or Punishment, the European (at Politigårdens Fængsel prison, the state Convention on Human Rights and the EU prison in Nyborg and the state prison in Eastern Charter on Fundamental Rights all contain Jutland), and this is not in compliance with provisions that protect against arbitrary use of the recommendation for Denmark by the force by the state. Generally, use of force by the European Committee for the Prevention of state must always be absolutely necessary and Torture and Inhuman or Degrading Treatment as mild as possible, and the force used must or Punishment (CPT).173 Use of pepper spray by be proportionate to the objective sought. In the staff fell in 2015.174 choice between several types of force, milder types of force should always be preferred to In 2016, the Danish Ministry of Justice more severe ones, and use of force may not presented a Bill specifying that the Minister for extend for longer than necessary. You can read Justice must lay down regulations regarding the more about use of force in the thematic report types of use-of-force equipment prison officers on ‘Use of force’ (in Danish) from the institute’s may carry. The preliminary work states that this Status Report 2015-16. amendment will create a legal basis for prison officers to carry pepper spray as part of their DEVELOPMENTS IN HUMAN standard equipment. There is an increased RIGHTS IN 2016 risk of incorrect or illegal use of pepper spray Based on the institute’s report on the use of if it becomes part of the standard equipment. pepper spray in Danish prisons and detention Therefore, it is all the more important that centres, in 2015, the Prison and Probation conditions for when pepper spray can be used Service stressed to prisons and detention are stated clearly in legislation if regulations centres that pepper spray may only be used that pepper spray is to be part of prison officers’ if no other means are effective and that staff standard equipment are issued.175 have to be cautious when using pepper spray

50 HUMAN RIGHTS IN DENMARK

Use of pepper spray by the police has also which were with a prior court order. Some of declined over recent years. The Danish National the reasons for this decrease are the change Police have explained that the decline is due to in the police’s tasks regarding emergency increased knowledge of the effects of pepper preparedness and surveillance in 2015 as well spray. This means that the use of pepper spray as increased focus on costs in connection with has proven necessary in fewer cases.176 interventions, as expenses are paid by the police districts themselves.180 The number of A study by the think-tank Justitia shows that searches also fell from 5,304 in 2014 to 5,162 the number of administrative detentions in 2015. Out of the 5,162 searches, 1,312 took undertaken by the Copenhagen Police has place with a prior court order. risen significantly in the last 10 years. A large number of administrative detentions have In November 2016, the Danish Tibet subsequently proven to be unjustified.177 The Commission began the questioning of police National Police cannot explain the increase in personnel.181 The Danish Tibet Commission administrative detentions, but will examine the was set up in September 2015, and one of its background for the increase.178 Moreover, in tasks is to investigate the reason for the police’s 2016, the National Police extended its reporting detention of protesters who waved the Tibetan procedures to cover all detention cases in which flag during the Chinese state visit to Denmark it was subsequently proven that detention was in 2012.182 Chapter 21 below on ‘Freedom unjustified.179 of expression and assembly’ provides more information about the work by the Commission. In 2016, the police continued to use stop- and-search zones. The Danish Parliament On 31 October 2016, the Independent Police has questioned the effect of stop-and-search Complaints Authority had received a total of zones. Some police districts have replied 1,945 cases, including 402 reports on criminal that stop-and-search zones have a preventive offences and 419 complaints about police effect with regard to conflicts in the biker and behaviour.183 The 2015 reporting year was gang environment. Others have stated that it is marked by several large and resource-intensive difficult to make definite conclusions regarding cases, and therefore the Independent Police the direct effect of stop-and-search zones. Complaints Authority only settled 1,369 cases, which is slightly less than the previous years.184 The Public Prosecutor’s statistics of interventions in the secrecy of communications and searches for 2015 showed a decrease in the number of interventions in the secrecy of communications from 2014 (with 8,476 interventions) to 6,576 inventions, 5,175 of

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• Prison personnel’s use of force such as by HUMAN RIGHTS IMPROVEMENTS hand, batons, tear gas, shields and pepper spray fell in 2015 compared with 2014.187 • Police use of pepper spray was regulated in the Police Act in 2016. One of the recommendations in the institute’s study on police use of pepper spray was such a NEW CHALLENGES regulation. The reasons for using pepper spray have also been enacted in legislation, • Despite more specific regulation on the use and the Act stresses that the police must of pepper spray in the Police Act, guidelines always carry out an assessment of necessity have yet to be prepared specifying that the and proportionality before using pepper use of pepper spray should be limited as far spray.185 as possible, particularly in confined spaces, and should not be used against individuals • In October 2016, the Director of Public who have been brought under control.188 Prosecutions updated the guidelines for police reports on technical surveillance. In future, police reports must always state whether surveillance of a suspect was by means of technology, e.g. GPS. Up to this point, police use of GPS surveillance has been confidential in cases in which the police and the prosecuting authority have assessed that the information did not have any evidential significance to the case. As GPS surveillance is no longer considered a technical innovation, the Director of Public Prosecutions no longer finds it necessary to keep this investigation technique confidential.186

• A new scheme in which police wear their ID numbers on their uniforms entered into force on 1 February 2016.

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RECOMMENDATIONS

The Danish Institute for Human Rights recommends that, in cooperation with the National Police, the Danish Ministry of Justice:

• prepare guidelines specifying that the use of pepper spray should be limited as far as possible, particularly in confined spaces, and should not be used against individuals who have been brought under control.

• specify time limits and limits on the geographical scope of stop-and-search zones.

We also recommend that:

• in cooperation with the Prison and Probation Service, the Danish Ministry of Justice lay down the scope for use of pepper spray in prisons and detention centres, including a prohibition in principle on using pepper spray in confined spaces and against inmates that have been brought under control.

• in cooperation with the Prison and Probation Service, the Danish Ministry of Justice introduce a legal hierarchy of permitted means of force, including that pepper spray may only be used if less intrusive means are clearly unsuitable similar to the provisions of the Police Act.

• the Government ensure that the provisions of the Police Act on preventive detention are in accordance with Article 5 of the European Convention on Human Rights.

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CHAPTER 13

RELIGION

HUMAN RIGHTS AND RELIGION satirical magazine Charlie Hebdo in Paris, Freedom of religion is one of the classical two shootings took place in Copenhagen, first human rights. It includes the right to have, during a public meeting on ‘Art, and exercise and change one’s religion, have Freedom of Expression’ and then at the central non-religious and atheistic convictions, as Jewish synagogue. Since then there has been well as the right not to have any religion or particular focus on the safety and security of belief. Freedom of religion is closely linked to the Jewish minority and their institutions. other rights, such as freedom of expression, assembly and association and the right to In June 2016, the National Police annual respect for private life. Religious freedom can report was published regarding hate crimes in also come into conflict with other rights and Denmark in 2015.189 Of the 198 cases registered with principles of equal treatment. You can by the police as hate crimes in 2015, 60 were read more about freedom of religion in the characterised as religiously motivated hate thematic report on ‘Religion’ (in Danish) from crimes. According to this registration, Muslims the institute’s Status Report 2015-16. and Jews are predominantly exposed to religiously motivated hate crimes. In 41 of DEVELOPMENTS IN HUMAN the cases, hate crimes were aimed at people RIGHTS IN 2016 with a Muslim background and often involved In recent years, freedom of religion has in many hate speech and online threats. A total of 13 ways been subject to increasing pressure, both of the cases concerned hate crimes against globally and in Denmark, including persecution people with a Jewish background (a high or harassment of religious minorities and figure compared to the small number of Jews religiously motivated extremism and terrorism. in Denmark). A very significant proportion of This development has resulted in significant the registered hate crimes are thus aimed at human rights challenges, also in Denmark. religious minorities.

On 14 and 15 February, 2015, just over a The TV2 programme series ‘Moskeerne bag month after the terrorist attacks against the sløret’ (the mosques behind the veil) presumed

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to give insight into how some Muslim religious outside the Evangelical Lutheran Church in preachers propagate values and rules that Denmark. The objective is that such an Act is are in direct contradiction to Danish values to meet section 69 of the Danish Constitution and laws. Following the programme, the regarding religious communities outside the Government, the Social Democrats, the Danish Evangelical Lutheran Church. According to its People’s Party and the Conservatives entered terms of reference, the committee is to ensure into a political agreement in May on initiatives that draft legislation and recommendations “aimed at religious preachers who seek to are consistent with the Danish Constitution, the undermine Danish laws and values and who European Convention on Human Rights and support parallel conceptions of law”.190 The Denmark’s other international obligations.191 agreement meant that a number of Bills were presented in the Danish Parliament in autumn Cases of harassment of Christian asylum 2016, and most of them had been adopted seekers in some asylum centres in Denmark before the end of the year. The Bills have reportedly occurred in 2016 as well. caused concern in religious communities for throwing general suspicion on the communities In 2016, freedom of and limiting freedom of religion and expression attracted international attention. The UN in specific areas. This concern should be seen Special Rapporteur on freedom of religion in the context that some religious minorities or belief paid an official visit to Denmark in in Denmark already feel that they are under March 2016 to review the freedom of religion pressure with regard to practicing their in Denmark. During his visit, he met with religion. The institute has expressed concern ministers, members of the Danish Parliament about several of the Bills, as they conflict and local authorities as well as a number of with protected human rights and are unclear. representatives of religious communities and According to the institute, the initiatives should life stance communities, academics and civil await the work by the Expert committee on society; see more about the visit below. regulation of non-state church religious communities, see below.

In 2016, the Expert committee on regulation of non-state church religious communities continued its work. The committee is a pre-legislative expert committee set up by the Government effective from 2015. The committee is to propose a Bill to establish uniform regulations for religious communities

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HUMAN RIGHTS IMPROVEMENTS NEW CHALLENGES

• Efforts to establish coherent regulation • On 31 May 2016, the former Government of religious communities outside the under Denmark’s Liberal Party as well as the Evangelical Lutheran Church – and thus Social Democrats, the Danish People’s Party establish legislation to implement section 69 and the Conservatives entered into a political of the Danish Constitution regarding religious agreement on initiatives “aimed at religious communities outside the Evangelical preachers who seek to undermine Danish Lutheran Church – is a positive step towards laws and values and who support parallel continued efforts to facilitate the successful conceptions of law”. The agreement resulted functioning of these religious communities in five Bills; all of which, except one, were in Danish society. Such legislation may adopted in December 2016: provide uniform rules and rights for religious communities and stipulate obligations on, for 1. Bill for an Act to amend the Marriage and instance, transparency in the communities’ Dissolution of Marriage Act (Decorum finances. In the summer of 2016, the Expert requirement and mandatory course in Danish committee on regulation of non-state church family law, freedom and democracy).193 religious communities submitted a proposal 2. Bill to amend the Criminal Code for public consultation with all religious (Criminalisation of explicit approval of certain communities and various faith-based criminal acts in the context of religious organisations in order to include input from training).194 the religious communities in the process. The 3. Bill to amend the Act on Non-formal committee is expected to complete its work in Education and Democratic Voluntary Activity early 2017. and the Tax Assessment Act (Measures against associations counteracting or • On 1 January 2016, the Danish Institute for undermining democracy or fundamental Human Rights was mandated to bring cases freedoms and human rights).195 based on matters of principle or cases that 4. Bill to amend the Aliens Act (Introduction are in the general public interest before the of a public sanction list of foreign religious Board of Equal Treatment.192 This mandate preachers, etc., who may be denied entry into also cover cases relating to religion in Denmark).196 employment matters. 5. Bill to amend the Aliens Act (Mandatory course in Danish family law, freedom and democracy for religious preachers etc., and

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promissory declaration of compliance with place an age limit on it. This recommendation Danish legislation).197 is primarily relevant in Denmark with regard to circumcision of boys for religious reasons. In legal briefs and in the public debate, the institute and a number of organisations and • In March 2016, the UN Special Rapporteur religious communities criticised the outcome on freedom of religion or belief reviewed of the agreement, either in its entirety or parts freedom of religion in Denmark. At a press of the individual Bills. One aspect that has conference, he presented his preliminary been met with criticism is the criminalisation conclusions based on his visit.200 He stressed of statements of approval of certain criminal the need for the Government to take a acts in the context of religious training. leading role in developing an inclusive In addition, a series of organisations and society in which members of different religious communities have indicated that religious communities as well as more the Bills casts suspicion on the religious secular-oriented people can feel at home. communities and their preachers.198 He particularly pointed out that a more inclusive understanding of Danish identity has to be created to avoid exclusion based on belonging to a particular religious faith, e.g. DANISH ISSUES EXAMINED BY Islam. He also stressed the need to develop INTERNATIONAL BODIES IN 2016 greater understanding between different social groups, along with a truly inclusive • In January 2016, Denmark was reviewed by debate on issues of importance to religious the UN Human Rights Council as part of the minorities, such as circumcision of boys. The Universal Periodic Review (UPR). A number Special Rapporteur commended the positive of recommendations made to Denmark initiatives of the Evangelical Lutheran Church relate to religious freedom and not least in promoting dialogue between different the protection of religious minorities. A religions. At the same time, he made it clear number of states recommend that Denmark that Denmark needs to consider the special redouble its efforts to prevent discrimination position of the Evangelical Lutheran Church against religious minorities. A number of in Danish society, which can create a sense states recommend that Denmark intensify its of inequality among both non-believers and efforts to prevent hate crime on grounds of religious minorities. He emphasised the religion.199 A further recommendation is that importance of interpreting religious freedom Denmark refrain from banning the cultural on the basis of European and international practice of circumcision of boys or indeed human rights standards as opposed to

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the Danish Constitution alone. According to the Special Rapporteur, this is relevant RECOMMENDATIONS to a number of issues, such as whether a religious community can have its recognition The Danish Institute for Human Rights revoked, discussions about restrictions on recommends that the Government: freedom of expression and indeed the very understanding of the concept of religion. • in connection with any future proposal On the basis of his visit, the UN Special of a law on the regulation of religious Rapporteur will present his final report with communities outside the Evangelical recommendations to the UN Human Rights Lutheran Church, take steps to revise the acts Council in March 2017.201 that have already been adopted as a result of the political agreement on initiatives aimed In 2016, the European Union Agency for at religious preachers who seek to undermine Fundamental Rights (FRA) focussed on the Danish laws and values and who support conditions and rights of religious minorities: parallel judicial systems.

• In 2016, FRA published a report on • continue to ensure systematic involvement antisemitism in which the agency collected of leaders of relevant religious communities data on anti-Semitic incidents in 28 EU prior to introducing specific measures, Member States – including Denmark – from including regulation of religious customs 2005-2015. The survey shows that the and traditions as well as measures against number of anti-Semitic incidents has been radicalisation and extremism. increasing in recent years.202

• FRA also published a report on incitement to discrimination, hatred or violence against specific groups both in media content as well as in political discourse in EU Member States, including Denmark. FRA examined incitement to hatred against religious minorities, for example. The report concludes that the media and the political discourse – online as well as offline – have a tendency to incite to discrimination, hatred or violence against various groups.203

58 CHAPTER 14

FAIR TRIAL

THE RIGHT TO A FAIR TRIAL whose population has the greatest confidence The right to a fair trial is a fundamental right in the judicial system.206 in all states governed by law and is a classical human right.204 This right includes that In August 2016, the Court Administration and everyone is equal before the law and before the Supreme Court arranged a conference on the courts, both as parties in civil actions and how to maintain this high level of confidence as suspects or defendants in criminal cases. in the courts. Several points were identified, The right also means that legal cases must including that the courts should avoid long be decided within a reasonable length of case-processing times and that they should time and by a public trial before a competent, have an increased focus on court users with independent and impartial court established fewer resources, and on the parts of the by law. Furthermore, a number of minimum population with least confidence in the courts: guarantees apply for people who are suspects injured parties, people from marginalised social or defendants in criminal cases.205 The thematic groups and ethnic minorities.207 report on the ‘Right to a Fair Trial’ (in Danish) from the institute’s Status Report 2015-16 District courts hear more than 95 percent of contains more about the right to a fair trial. all cases heard by .208 In the first six months of 2016, district courts DEVELOPMENTS IN HUMAN received almost 98,000 new criminal cases209 RIGHTS IN 2016 and almost 24,000 new civil cases.210 This The Ministry of Justice has published a report corresponds to around one-half of the total about security and attitudes to the police and number of new criminal cases and civil cases the justice system in Denmark and in other for all of 2015. European countries (Tryghed og holdning til politi og retssystem – Danmark i forhold til One of the primary goals of Courts of Denmark andre europæiske lande). The report builds on is short processing times, and targets have data from 2014 and shows that, for the seventh been set for district courts and high courts.211 time, Denmark is at the very top of countries Targets are set politically with regard to cases

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involving assault, rape and illegal possession has also been a drop in the number of on-call of weapons in public places, while targets for lawyers, while there has been an increase in the other cases are set by the board of the Courts of number of approved legal aid institutions and Denmark.212 Case-processing times for cases of appropriations to these legal aid institutions assault, rape and possession of weapons rose in have also increased. The report highlights a 2015, both for the prosecuting authority and for number of issues in the current scheme and the courts. The Ministry of Justice considered lists a number of principles on which a future that this situation was “clearly unsatisfactory”.213 legal aid system should be based. The report In autumn 2016, a Bill was submitted to reduce contains a series of recommendations for how case-processing times for criminal cases, the current system could be improved, with one including on the possibility to serve documents overall recommendation that the Ministry of digitally in people’s electronic post boxes, Justice, with all relevant players, should make the possibility for greater use of judgements a thorough analysis of the legal aid scheme in by default, and authority to use digital order to clarify the extent to which the legal aid communication in criminal procedures.214 scheme should be changed in order to secure genuine and nationwide access to legal aid for One of the other focus areas for 2016 was all citizens. The institute took part in the work of digitising civil cases, including the option the working group. for digital communication in civil cases with external parties via the Minretssag.dk digital A working group under the Ministry of Justice portal, which was launched in October 2016 as has examined how best to ensure that lay- pilot projects at the District Court of Horsens judges selected by municipalities represent the and the Western High Court. Following population in terms of gender, age, ethnicity, these projects, the portal is planned to be etc. Among other things, the working group implemented in the other courts during 2017. recommends introducing age groups and selecting lay-judges corresponding to the age In December 2016, a working group set up distribution in the municipality selecting lay- by the Association of Danish Law Firms and judges. the Danish Bar and Law Society issued its report on legal aid to the boards of the two organisations.215 The report deals with on-call lawyers and public legal aid from lawyers. The working group was set up following a drop in use of legal aid from lawyers, a service which had previously been a pivotal part of the overall Danish legal aid services. There

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HUMAN RIGHTS IMPROVEMENTS DANISH ISSUES EXAMINED BY INTERNATIONAL BODIES IN 2016 • The regulations on video-recorded interviews of children have been expanded from 1 April • In December 2016, the European Court of 2016 so that, in cases of sex crimes or assault Human Rights delivered its decision in the committed within the family, video-recorded Jensen v. Denmark case regarding lack of interviews can always be used for children of access to appeal against a court order to pay 13-14 years.216 legal costs after the end of the time limit for appeals, even though the time limit ran from • In December 2016, the Minister for Justice a date on which the plaintiff was not aware of launched a proposal entitled ‘Justice for the amount of the legal costs. Referring to victims’. The proposal includes abolishing the the fact that the plaintiff had been present limitation period in cases of child abuse and when the decision was delivered, and that, extended access to compensation.217 during the entire process, he had been assisted by a lawyer and therefore was, or could have been, familiar with the issue of legal costs (but not the amount), the NEW CHALLENGES European Court of Human Rights acquitted Denmark and dismissed the plaintiff’s claim. • Increased digitisation, including the use of The district court had also ordered the digital communication at courts, entails a plaintiff to pay legal costs.220 risk that due process for less advantaged users will be compromised unless special • In October 2016, the European Commission measures are taken for these groups. for the Efficiency of Justice (a commission under the Council of Europe) issued a report • In December 2016, the Government comparing judicial systems across the 47 submitted a Bill to extend access to deliver member states of the Council of Europe. judgements in the absence of accused and The report showed that the average case- to repeal the unconditional access to have processing time of 47 days for criminal cases a judgement rendered in absence of the in Danish courts is three-times faster than the accused reheard that was hitherto in force.218 average for the other member states. In civil In its consultation response, the institute cases, the average Danish case-processing criticised the extended access to deliver a time of 177 days is on a par with Norway and judgement in the absence of the accused.219 Sweden.221 The report is based on data from 2014.

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• In November 2016, the European Union Agency for Fundamental Rights issued a RECOMMENDATIONS report on the access of suspected or accused persons to translation, interpretation and Among other things, the Danish Institute for information across the EU Member States.222 Human Rights recommends that the Ministry of Among other things, the report focuses on Justice: use by the Danish police of unregistered interpreters and translators. The report points • conduct an overall analysis of the field of out that Denmark is one of the countries legal aid in order to clarify the extent to which allowing the widest access to derogate from the legal aid scheme should be modified so the right to access to the materials of the as to ensure all citizens have proper access to case of the accused and defence counsels, as the legal system. it is possible to derogate from the right, not only if this is required for reasons of national We also recommend that the government: security, but also to take into consideration “the interests of foreign powers”. • present a Bill to amend the provisions of the Administration of Justice Act on legal costs in criminal cases based on the recommendations of report 1547/2014 published by the Committee for Prevention and Re-socialisation.

62 CHAPTER 15

THE RIGHT TO HOUSING

THE RIGHT TO HOUSING In recent years there has been focus on the The right to housing concerns the individual’s relationship between housing affordability and possibilities to live a safe and dignified life. the level of social security benefits. There has Housing forms a natural framework around been a drop in the amount of cheap rented private and family life and therefore enjoys a housing in Denmark over many years, especially special human rights protection. The right to around large towns and cities.223 Recent years adequate housing is covered by a number of welfare benefits reforms (e.g. the cash benefits international human rights conventions. The reform, the introduction of integration benefits, thematic report on the ‘Right to Housing’ (in requirements to be available for the labour Danish) from the institute’s Status Report 2015- market, and a ceiling on social security benefits) 16 contains more about the right to housing. have led to a reduction in the level of benefits for a large group of people. In combination DEVELOPMENTS IN HUMAN with the drop in the number of small, cheap RIGHTS IN 2016 homes, this has an impact on the possibilities Reference is seldom made directly to economic for people on social security benefits to and social human rights in Danish legislation, find adequate housing. The development regulatory decisions or case law. This also also means that a number of municipalities, applies to the right to housing. On the other especially around larger towns and cities, hand, both legislation and decisions by the only have limited opportunities to solve social authorities and courts often have an impact on housing problems through assigning housing. how the right to housing is upheld in Denmark. Many different factors influence this area. The most severe challenge in 2016 remained Society’s general level of prosperity, changes in the large number of homeless people. In welfare state regulation and trends in housing recent years there has been a significant prices can all have an impact on the number of increase in the number of homeless people, people able to manage their housing situation, including the number of young homeless and as well as the kind of instruments the state can people sleeping on the streets. This is primarily use to help those who are unable to access a serious human rights issue for the homeless adequate housing. themselves, but it may also be seen as an

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indicator of structural problems on the housing was drafted on the basis of the political market and in social intervention. agreement on the Finance Act that aimed to prevent foreign homeless people from Homelessness is a complex issue that not only establishing camps in the public space. The involves a lack of housing, but is also often institute – and several other participants in the linked with social problems, poverty and mental consultation process – criticised the fact that illness.224 Homelessness therefore demands the prohibition was only vaguely defined and broad intervention aimed at both the housing warned against criminalising homelessness.226 situation of the individual and other social issues. The institute considers that it is important to avoid criminalising activities that directly For many homeless people, a large number relate to homelessness and poverty, as such of ordinary human activities take place in the criminalisation could affect groups which are public space; e.g. eating and sleeping. Since already vulnerable and marginalised. homelessness is closely linked to poverty, substance abuse and mental illness, the homeless can present a problem for public order and thereby become the subject of police HUMAN RIGHTS IMPROVEMENTS work. The homeless are considered a public order issue in many places, particularly in large • As part of the political agreement on revising towns, and many countries have criminalised the adult provisions in the Social Services activities related to homelessness and poverty. Act, the government and the majority of the In recent years there have been several parties in the Danish Parliament have agreed proposals to toughen penalties for begging. For to reintroduce the right of appeal against example, there have been proposals to raise decisions on admission and expulsion at crisis the ordinary penalty for street begging to 14 centres for women and homeless shelters.227 days’ unconditional imprisonment for first-time Like many other organisations, the institute offenders.225 The political agreement on the has recommended this. 2017 Finance Bill only states, however, that the parties to the agreement agree to take action • The Government coalition agreement states against organised begging. that the Government will submit a proposed action plan to combat homelessness, In December 2016, the Ministry of Justice building on experience from the strategy for submitted a proposed amending executive homeless people.228 order for public consultation. The amendment was to criminalise staying in camps via the • The Court Administration’s overview of Public Order Executive Order. The amendment eviction cases and executed evictions (i.e.

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evictions carried out by the Bailiff’s Office) shows that the number of eviction cases NEW CHALLENGES and executed evictions of tenants continues to fall. The number of eviction cases fell • Surveys from the National Centre for Social to 14,267 in 2015 from an historical high Research (SFI) show that the number of of 21,338 in 2011. The number of executed homeless rose by 1,140 from 2009 to 2015. evictions fell from 4,405 in 2011 to 2,551 in SFI estimate that 15,000 people were 2015.229 homeless at some time during 2015. Youth homelessness has nearly doubled, and • In March 2016, the Government and Local the number of “street sleepers” has also Government Denmark signed an agreement increased. to make it easier for municipalities to find housing for refugees, among other groups. • In a memorandum to Members of the Public This involved earmarking DKK 150 million to Accounts Committee issued in January 2016, establish temporary housing and DKK 640 the Danish National Audit Office followed million to establish small social housing units up on its report of 2014 on action on the that would be available at affordable prices.230 homeless. One of the criticisms expressed by the Danish National Audit Office was • The Government Coalition Agreement states that the Ministry of Social Affairs has not that there remains a need to make social taken initiative to identify the causes of the housing cheaper and that, in connection increase in the durations of stays in shelters, with negotiations on municipal budgets for to address the mismatch between the 2018, the Government will discuss specific number of places at shelters and the number initiatives to promote the establishment of of homeless people, or to ensure there are small, affordable housing units. alternative places of accommodation for young homeless people. • In 2016, in two decisions of principle, the National Social Appeals Board established • As a result of the increase in the number greater clarity on the access to help to cover of refugees in 2015, at the end of 2015 and reasonable housing expenses while serving in spring 2016, the Government and the a prison sentence, including the obligations Danish Parliament relaxed the requirements of municipalities to conduct specific and on municipalities’ obligations regarding genuine investigations into whether the temporary accommodation and permanent housing needs of inmates when released can assignment of housing for refugees.232 be covered in some other way, including after long sentences.231

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• In March 2016, Parliament passed a Bill • take steps to decriminalise begging in the introducing a ceiling on social security Criminal Code, so that acts of begging benefits and requirements with regard to may only be prosecuted when begging is the duty of benefit recipients to be available detrimental to maintaining public order in a for work, as well as on extending integration specific situation. benefit to include all those who have not resided in Denmark for seven of the last eight We also recommend that: years.233234 The lower benefits and the drop in the number of affordable rental housing, • the Ministry of Transport, Building and combined with the number of refugees to Housing, in collaboration with the Ministry whom housing must be allocated, can affect of Children and Social Affairs, monitor and the chances for those on the lowest social set a specific goal for developments in the security benefits to obtain or retain affordable supply of housing that people with the lowest housing. Many of those involved in the incomes can afford. consultation process fear that low benefits could result in increased homelessness and • the Minister for Equal Opportunities take more evictions.235 steps to ensure that landlords in the private sector do not discriminate against ethnic minorities, particularly men from ethnic minorities. RECOMMENDATIONS • the Ministry of Children and Social Among other things, the Danish Institute Affairs determine the requirements the for Human Rights recommends that the municipalities can impose on homeless Government: people, including documentation of residence in the municipality, so that the • within a short time after adoption of the right of the homeless to public assistance, provisions on integration benefits, a ceiling on enshrined in the Constitution, is not social security benefits and requirements to unlawfully denied them. be available for the labour market, undertake an evaluation of the impact of the changed legislation, including its impact on the number of evictions and number of homeless people, plus any unintended consequences, such as for children who are brought up in families affected.

66 CHAPTER 16

CITIZENSHIP

HUMAN RIGHTS AND CITIZENSHIP DEVELOPMENTS IN HUMAN The population of a state is composed of its RIGHTS IN 2016 own nationals and resident foreign nationals. In Denmark, foreign nationals can only obtain Usually, only nationals enjoy full and equal citizenship by an Act of Parliament. This follows rights in the state. It is, and always has been, from the Danish Constitution. Such an Act normal for states to reserve certain rights can be either general (as Acts usually are) or for their own nationals. It is also recognised specific such that foreign nationals are listed in human rights standards that, to a certain by name in a Bill and awarded citizenship when degree, states may treat non-nationals the Act is adopted. differently compared with nationals, without this being considered as discrimination. The The thematic report on ’Citizenship’ (in Danish) most important rights that may be exclusively from the institute’s Status Report 2015-2016 for nationals are the right to vote and stand includes a description of the three specific Bills for election in parliamentary elections, access on citizenship that were submitted and adopted to certain senior positions within the state during the 2015-2016 parliamentary year, administration, access to diplomatic protection, and which primarily included applicants who and an unconditional right to be/remain in the were listed because they fulfilled the tighter state and return to the state at any time. EU law requirements for citizenship in the circular also allows nationals of Member States special on naturalisation dated 13 October 2015.236 rights, including the right to travel freely to all The first of the two Bills on naturalisation to Member States and reside in their territory. be submitted in the 2016-17 parliamentary year was passed in December 2016. This Bill With regard to refugees, immigrants and included 2,381 applicants and 763 children. their descendants, the possibility to become This means that fewer applicants were included a national of the host state is therefore very in the Bill on naturalisation in 2016 than in important. This is the only way they can obtain 2015. However, there were still more in 2016 full rights in the state. The thematic report on than in any of the other years in the period ‘Citizenship’ (in Danish) from the institute’s 2006-2014. Status Report 2015-16 contains more about obtaining and losing Danish citizenship.

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In February 2016, the Aliens Act was amended on precise dates, and that answer options were to tighten requirements for permanent so close to each other.242 residence permits. Among other requirements, applicants must now have had ordinary full- On 6 October 2016, the former Minister for time employment for 2.5 of the past three Immigration, Integration and Housing presented years.237 According to the agreement of the a Bill to amend the provisions in the Danish 2017 Finance Act, this will be further tightened Nationality Act that a child can obtain Danish so that an unlimited residence permit will citizenship as a subordinate party when parents require ordinary full-time employment for obtained naturalisation.243 This implied a 3.5 of the past four years.238 The employment codification of two conditions which had already requirement may hinder young people in been imposed in practice. Firstly, that the second education from obtaining a permanent parent should consent to the child obtaining residence permit and if so, they will be unable citizenship, and, secondly, that if the child had to obtain Danish citizenship, even though they reached 15 years of age, the child should meet may be born and/or raised in Denmark and the requirement of not having been charged otherwise fulfil the conditions for citizenship. or sentenced for an offence (good-character requirement). Having the requirements codified On 1 April 2016, the Act on mandatory online by law means that they are clearer, and this is a self-service for applications for citizenship positive development. However, it is problematic through naturalisation entered into force.239 that the amendment may mean that children do not obtain Danish citizenship even if this is The new citizenship test from 2015 was used in their best interest, see Article 3 of the UN for the first time in June 2016.240 The test is Convention on the Rights of the Child. This more demanding than the previous citizenship situation may arise if a parent with custody, test as it contains questions on Danish society, perhaps as harassment, prevents a child from Danish culture and history; it requires a higher becoming a Danish citizen, even though the level of Danish language skills and it contains child wants to become a Danish citizen and more questions to be answered correctly (32 even though the child continuously will live out of 40 questions within 45 minutes). In in Denmark. Furthermore, the general, very June 2016, only 31.2 percent of the total 2,359 strict good-character requirement may exclude people taking the test passed.241 In December children from obtaining citizenship with a 2016, however, the pass rate was more than parent, even when a charge for an offence is double at 67.5 percent. An analysis by the later dismissed or the child is later acquitted by Danish Agency for International Recruitment the court. The amendment was adopted on 6 and Integration showed that this test focused December 2016.244 more on knowledge about Danish society than

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On 29 November 2016, the Supreme Court certain conventions (the UN Convention on made a principle decision on withdrawal of the Rights of the Child and the UN Convention Danish citizenship because of fraud. According on the Reduction of Statelessness). The to a provision inserted in the Nationality Act High Court awarded damages in tort to seven in 2002, citizenship could be withdrawn with applicants of DKK 20,000 each. The applicants retrospective effect. The Supreme Court had obtained Danish citizenship after the illegal considered that this was in accordance with treatment had been recognised, but the delay Denmark’s international obligations. The case and nuisance caused by the illegal treatment concerned an asylum seeker from Syria who justified the damages in tort. came to Denmark in 1991 and was granted asylum after having said that he came from Iraq. This information was determinative for the individual being granted asylum and for HUMAN RIGHTS IMPROVEMENTS him then obtaining citizenship in 2000. The Supreme Court decided the issue of withdrawal • The Danish Nationality Act has been after examining the proportionality of the matter. amended so that when a person obtains On the one hand, the fraudulent behaviour was Danish citizenship by declaration in considered as particularly serious. However, accordance with the Act on Multiple on the other hand the individual had close Nationalities, that person’s children also attachment to Denmark. A withdrawal would obtain citizenship. not, however, automatically mean that he would have to leave Denmark. He could seek asylum because of the current situation in Syria, or apply for a residence permit as the spouse of an EU NEW CHALLENGES citizen living in Denmark. On the basis of these considerations, the Supreme Court upheld • The provision in the Danish Nationality Act, the High-Court decision to withdraw Danish that applicants who are born and raised in citizenship from the man. Denmark are entitled to Danish citizenship under certain conditions if they make a On 21 December 2016, the Eastern Division declaration to this effect before the Regional of the Danish High Court passed a judgement State Administration, has been repealed. in a case brought by 17 Danish-born stateless persons against the Ministry of Immigration • The stricter requirements in the Aliens Act for and Integration because their applications a permanent residence permit may exclude for citizenship had been processed in young people in education from obtaining contravention of Denmark’s obligations under Danish citizenship.

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• The 2015 citizenship test that was held for family reunification cases. The background the first time in June 2016 was so demanding to the case was that people born as Danish that more than two-thirds failed the test; 67.5 nationals could be exempted from the percentage passed the test in December attachment requirement when they turned 26 2016, however). , whereas applicants who had become Danish nationals later in life could not be exempted • An amendment to the Danish Nationality from the requirement until later in life (for Act stipulates that children may only acquire more details, see chapter 7 on ‘Family life’). Danish citizenship by the naturalisation of a parent, if the other parent . This • On 6 September 2016, the ECHR decided implies that they may be excluded from the Khalil Nazari v. Denmark case following obtaining Danish citizenship, even if this is an appeal to the Court dated 14 October against their best interests. The same may 2011.245 The plaintiff (Khalil Nazari) stated happen if they do not fulfil very strict good- that the Danish authorities’ rejection of his character requirements. citizenship application was arbitrary and that no grounds were given. He also said that the • New requirements for documentation of authorities had informed him that he could blood relationships and the authenticity of not appeal the decision. The plaintiff alleged family-law documents from other countries that the rejection was in breach of Article etc. in citizenship cases have led to very 8 of the European Convention on Human long case-processing times in cases on Rights on the right to privacy and family life, acquisition of citizenship certificates, Article 14 on the prohibition of discrimination retention of citizenship and re-establishment (in conjunction with Article 8) and Article of citizenship. The delays are due to new 13 on the right to an effective remedy. The practice for cases brought before the ECHR rejected the first part of the allegation National Social Appeals Board and possible on the ground that the plaintiff had not yet consultation with embassies and consulates. exhausted all domestic legal remedies. The second part of the allegation was - for the same reason - rejected as ‘manifestly ill-founded’. The reason the ECHR gave DANISH ISSUES EXAMINED BY for its rejection was that, in its judgment of INTERNATIONAL BODIES IN 2016 13 September 2013, the Danish Supreme Court had concluded that a plaintiff who had • On 25 May 2016 the European Court of not been included in a naturalisation Bill Human Rights (ECHR) decided the Biao can request the domestic courts to review case and confirmed that Denmark had whether obligations under international discriminated against Danish nationals in law have been breached and whether the

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person in question therefore has a claim for • in cooperation with the Parliamentary damages or compensation. The ECtHR stated Committee amend legislation that this judicial review is a remedy which is and practice on naturalisation so refusal of sufficiently certain not only in theory but also exemption from the general requirements in practice, and that this remedy was available and rejection of an application on the basis of to the plaintiff at the time when the case a security assessment are accompanied by a was filed with the Court. In this context, the reasoning. court noted that if the plaintiff had brought his case before the domestic courts, the • take steps to protect the right to Danish courts would have had jurisdiction to assess citizenship for stateless persons born in whether the refusal by Danish authorities to Denmark, as a minimum by introducing an include him in a naturalisation Bill without individual information scheme on the legal providing any reasons amounted to a breach right to naturalisation so that parents are of Denmark’s obligations under international informed at the birth of a stateless child law. In this case, the plaintiff would have and that stateless persons born in Denmark been able to receive remediation in the form receive information regarding their legal of damages or compensation. The Court rights on reaching their 18th birthday. noted that a ruling in favour of the plaintiff would be binding on the authorities, including • in cooperation with Parliamentary committees the Ministry, if the plaintiff submitted a new amend legislation on naturalisation, so that request for naturalization. It is important the requirements for naturalisation, including to note that in the Nazari-case, the ECHR those relating to self-sufficiency, language referred to the right to judicial review under and knowledge, and good character, do section 63 of the Danish Constitution, even not exclude vulnerable groups including though the provision, according to the children, stateless persons and refugees from Danish Supreme Court, is not applicable in acquiring citizenship. naturalisation cases, as these cases do not relate to exercising administrative authority. • take steps to amend legislation on naturalisation so that the acquisition of citizenship is made easier for all applicants who are either born in Denmark and/or have RECOMMENDATIONS had stable and legal residence in Denmark during a specified period before their 18th Among other things, the Danish Institute birthday. for Human Rights recommends that the Government: • set up a commission to prepare proposals for citizenship law reform.

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CHAPTER 17

EDUCATION

HUMAN RIGHTS AND EDUCATION access to the education system for persons with The right to education is one of the most disabilities based on principles of accessibility important and most clearly defined social and and inclusion. economic human rights. The relevant knowledge, skills and attitudes The right to education is stated both in the related to human rights is crucial for the Danish Constitution and in a number of human effective protection of human rights. It is rights conventions, and requires that the important that citizens are able to claim their Government make basic education free and rights and to respect and uphold the rights compulsory for all. The Danish Constitution of others, but it is also important that civil states that all children of school age are servants such as teachers, social workers and entitled to free instruction in municipal primary the police are familiar with human rights and and lower secondary school. It follows from can apply them in their daily work. A large both the Danish Constitution and international number of resolutions, recommendations and human rights law that parents are also free general comments from the UN, the Council of to make their own arrangements regarding Europe and international human rights bodies the type of instruction that their children emphasise that human rights education is a receive. The UN International Covenant on prerequisite for realising human rights.246 Economic, Social and Cultural Rights requires that instruction corresponding to the Danish The thematic report on ‘Education’ (in Danish) technical, vocational and upper secondary from the institute’s Status Report 2015-16 levels must be accessible to all. Furthermore, contains more information on the right to states must ensure equal access to medium- education and human rights education. cycle and long-cycle education programmes on the basis of capacity. The principle of non- DEVELOPMENTS IN HUMAN discrimination applies to the right to education, RIGHTS IN 2016 and the Convention on the Rights of Persons Denmark continues to face a number of with Disabilities sets particular requirements for challenges when it comes to ensuring equal

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opportunities and access to education. inclusion are positive developments, but the For example, it is crucial that persons with changes have also posed several practical disabilities can enjoy accessible and inclusive challenges. There is still considerable room schools and educational institutions. for improvement with regard to ensuring the inclusion of pupils with disabilities in primary The right to education covers both access to and lower secondary schools. A survey carried receiving instruction and that the instruction out by the Disabled Peoples Organisations and learning environment otherwise lives up to Denmark shows there are still challenges human rights norms and principles. with regard to social inclusion of pupils and that many children do not receive sufficient Human rights education is important in support.247 order for children, young people and adults to understand and act on their rights and In November 2016 a political agreement obligations. It is also important to ensure was reached by Denmark’s Liberal Party, the support for human rights amongst the Social Democratic Party, the Danish People’s population, politicians and civil servants Party, the Social-Liberal Party, the Socialist who carry out essential educational and People’s Party and the Conservatives on authority tasks on behalf of state, regions and improving legislation against bullying at municipalities. Good knowledge of human schools and educational institutions. Among rights, for example among police, teachers, other things, the parties plan on introducing social workers and preschool teachers, can have the possibility for children and young people a significant effect on promoting and protecting to file a complaint about their school if it fails human rights within administrative practice. to sufficiently intervene in cases of bullying. In November, the former Ministry for Children, A working group set up by the then Minister Education and Gender Equality submitted a Bill for Children, Education, and Gender Equality for consultation, see below. has prepared a report with recommendations on a new, improved pedagogical curriculum As part of the agreement reached in March for daycare facilities. As something new, the 2016 between the Government and Local working group has described the pedagogical Government Denmark, the Danish Parliament foundation and framework for daycare facilities, passed a Bill in June 2016 which makes it wherein the UN Convention on the Rights of possible for municipalities to establish special the Child plays a prominent role. teaching programmes for refugee children outside the normal framework of municipal The 2014 school reform for primary and primary and lower secondary schools.248 These lower secondary as well as efforts to increase special municipal offers will not be subject

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to the same quality assurance requirements upper secondary school programmes the and due process as apply for other school same objects clause, wherein human rights pupils in Denmark. The institute was critical play a central role. The objects clause states of the Bill and emphasised in its consultation that teaching and activities at educational response that the Danish Constitution requires institutions must promote pupils’ knowledge teaching programmes to be comparable to and respect of fundamental freedoms and what is provided within the context of municipal human rights.250 primary and lower secondary schools and warned that this legislation could lead to It was revealed in September 2016 that discrimination. Langkaer Gymnasium upper secondary school near Aarhus had decided to divide pupils In 2016, the Danish Parliamentary Ombudsman into classes based on their ethnicity. It was expressed concern about the difficulties subsequently discussed whether ethnicity had faced by primary and lower secondary schools been a criterion in connection with the division with regard to legal authority to manage or whether emphasis had solely been placed on interventions against pupils. The Ombudsman academic and pedagogical considerations. The stated that the rights of primary and lower institute has decided to bring the matter before secondary school pupils are often forgotten the Board of Equal Treatment since there is in serious cases where the school needs to a need to clarify which criteria were actually resort to extreme action such as suspension or involved in the division into classes and clarify transfer to another school. The Ombudsman when it is permissible for schools and upper described that he often saw examples of secondary schools to make such a division. schools failing to comply with important See also chapter 6 on ‘Ethnic origin’, regarding rules such as the duty to record, the hearing ethnic minorities and access to education. of parties and the requirement to provide justification to pupils and parents or guardians. Of all professional education programmes, The Ombudsman has contacted the Ministry in police training programmes attracted most order to find a solution.249 attention in 2016. Starting in January 2016, the police training and education programme In December 2016, Danish Parliament passed was shortened to a two years programme. a Bill which aggregates the three Acts on It is still not known whether and to what upper secondary schools into one single Act. extent teaching of human rights will be part The Acts concern the higher commercial of the new basic training programme. A new examination programme (hhx) and the higher six-month police cadet programme raises a technical examination programme (htx), number of fundamental questions regarding gymnasium (stx) and the higher preparatory competence levels with regard to respecting examination (hf). The change also gave these the fundamental human rights of citizens.

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HUMAN RIGHTS IMPROVEMENTS NEW CHALLENGES

• In December 2016, fundamental freedoms • In June 2016 the municipalities were given and human rights were incorporated into the the option of establishing special teaching objectives of upper secondary schools. This programmes for certain foreign children means that statute now emphasises that outside the framework of municipal primary all upper secondary school programmes, and lower secondary schools. The special general, commercial and technical schooling options are targeted at refugee examination programmes, as well as the children.253 These special municipal options higher preparatory examination must extend will not be subject to the same requirements and improve knowledge of and respect for for quality assurance and due process as human rights.251 apply for other schools Denmark.

• On 18 August 2016, the then Ministry of • In June 2016 the requirements for reception Children, Education and Gender Equality classes in municipal primary and lower published a common action plan to prevent secondary schools were weakened. This and combat bullying among children. It was means that class sizes may increase and that prepared in cooperation with Save the Children the age range in reception classes can be Denmark, Danish Children’s Welfare (Børns extended from three to five grades.254 Vilkår) and the National Council for Children. • From January 2016, police initial training • In November 2016 the then Ministry of was shortened to a two-year basic training Children, Education and Gender Equality course. It is still not known whether and to submitted a Bill for consultation which what extent teaching of human rights will be contained a proposal to establish a part of the new basic training course or police complaints body which children and parents continuing and further education and training can contact if their schools fail to sufficiently programmes.255 intervene in cases of bullying.252 The draft also contains a proposal to extend protection • In November 2016 it was decided that a six- against bullying so that it also applies to the month police cadet education programme most marginalised children and young people would be established in March 2017. Police outside of municipal primary and lower cadets will have some police authority and secondary schools. This includes, children authority to use force and will wear a police and young people in special needs schools, in uniform,256 but the competence level the police day treatment services and child placement cadets will have with regard to fundamental facilities, etc. freedoms and human rights is unclear.

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DANISH ISSUES EXAMINED BY RECOMMENDATIONS INTERNATIONAL BODIES IN 2016 Among other things, the Danish Institute for In January 2016, Denmark was reviewed by Human Rights recommends that: the UN Human Rights Council as part of the Universal Periodic Review (UPR). The review • the Ministry of Justice and the Danish resulted in a number of recommendations in National Police ensure that instruction in the area of education, including that Denmark: human rights is part of relevant themes in the new two-year police basic training programme • take greater steps to prevent and deal and the new police cadet programme. with bullying at schools and consider the introduction of appropriate monitoring of • professional education programmes improve anti-bullying strategies in schools.257 instruction in human rights for professions that carry out essential caretaking, • deal with inequality in the legal status of educational- and authority tasks, including different minority languages and take steps teachers, social workers and pedagogical staff to ensure that all children, regardless of their working with children, youth and disabled legal status, have access to the same quality adults.261 of teaching as children in Danish municipal primary and lower secondary schools.258 • the Danish Ministry of Education ensure that the stronger focus on teaching human • provide teaching in human rights for children rights that has been incorporated in the in primary and lower secondary education and common goals of municipal primary and upper secondary education259 and include lower secondary schools and in the objectives teaching on diversity in the curricula for basic of upper secondary schools is followed schools.260 up by teaching materials and competence development for teachers.

76 CHAPTER 18

EXPULSION AND EXTRADITION

HUMAN RIGHTS, EXPULSION and Extradition’ (in Danish) from the institute’s AND EXTRADITION Status Report 2015-16. As a general rule, any state has the right to control entry into the state, and presence in the DEVELOPMENTS IN HUMAN state, of aliens, including refugees. A foreigner RIGHTS IN 2016 who has a residence permit in Denmark may In 2016 there was debate concerning the have that residence permit revoked if the possibility of expelling foreign nationals who person in question commits a crime or is had committed crimes. The debate arose considered a threat to the security of the state, particularly due to the Supreme Court decision etc. Foreign nationals may be expelled and in May 2016 in the so-called Levakovic case, extradited from Denmark provided doing so in which the Supreme Court confirmed that is not in violation of Denmark’s human rights it would be a disproportionate infringement obligations. In contrast, Danish citizens have an of Levakovic’s right to private and family life inalienable right to live in Denmark. A Danish pursuant to Article 8 of the ECHR to expel him citizen cannot be expelled from Denmark. to Croatia, the country of his citizenship.262 Levakovic had been in Denmark since he was Expelling a foreign national from Denmark to three years old, and had a total of 27 criminal another country is a contravention of human convictions amounting to a 10-year prison rights if there is a real risk of him/her being sentence. He had never been employed or exposed to torture, inhumane or degrading otherwise connected to the Danish labour treatment or if the person risks the death market. His mother, some siblings and his four penalty. In addition to the risk of such grave children lived in Denmark. He had sole custody violations of human rights in the receiving of two minor children who had no contact with country, an expulsion from Denmark also raises their mother. He had never been to Croatia and questions regarding Article 8 of the European did not speak Croatian. Convention on Human Rights on the right to respect for private and family life in Denmark. In its proportionality assessment, the Supreme You can read more about expulsion and Court took into account that his two minor extradition in the thematic report on ‘Expulsion children in Denmark with no contact with

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their mother would have significantly more In 2010, the High Court of Eastern Denmark difficulty maintaining contact with their father sentenced him to five years in prison for drug after expulsion. The Supreme Court also trafficking, violence and threats, blackmail, took into account that he had very limited theft and possession of a weapon, etc. He was connection with Croatia (a country he had never also conditionally expelled from Denmark. In visited), that his mother, some siblings and his 2011, the Danish Supreme Court decided to four children lived in Denmark and that the unconditionally expel Salem from Denmark prosecution service had not tried to have him permanently. The Supreme Court took into expelled from Denmark previously. account that he had a central and leading role in exercising continuous, organised and In December 2016, the European Court of gross drug crime, and that consideration for Human Rights (ECHR) delivered its ruling in his spouse and children residing in Denmark a similar case. In the so-called FezFez case did not call for any other result. The European (Salem v. Denmark), the ECHR found that Court of Human Rights acquitted Denmark. The Denmark’s expulsion of a criminal foreigner Court noted that the Danish Supreme Court had to Lebanon was not in violation of the right diligently considered the contradicting views to family life, in spite of his strong personal of the case and had included practice from and family-related connection to Denmark.263 the ECHR. The infringement of Salem’s right The case concerned Salem, a 47-year-old to family life was supported by relevant and stateless Palestinian born in Lebanon. He sufficient grounds. arrived in Denmark at age 23 and was granted a residence permit due to his marriage to a The cases regarding FezFez and Levakovic Danish citizen of Lebanese origin. The couple illustrate that it is possible to expel criminal had eight children (in 2010 they were aged 14, foreign nationals from Denmark, even though 13, 12, 10, 9, 7, 6 and 4). Salem had never been they have a very strong personal and family- employed in either Denmark or Lebanon and related connection to Denmark, including was granted a disability pension in 2004. He minor children. The most important differences spoke and understood Danish (and Arabic) between the two cases were that Levakovic but could neither write nor read Danish. He - who could not be expelled due to the right had no other family in Denmark, apart from to family life in Article 8 - had not previously his spouse and children, and his mother and faced expulsion and had no personal or family- sister lived in Lebanon. Salem and his spouse related connection to Croatia, his country of had been on holiday for extended periods of origin; a country he had never visited and whose time in Lebanon on several occasions and had language he could not speak. regular contact by telephone to family and acquaintances in Lebanon. He was member The decision by the Supreme Court in the of a gang and had several convictions for Levakovic case led to several political initiatives violence and disturbance of the public order. in the area of expulsion.

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Firstly, the Aliens Act was amended in 2016 Another important issue in 2016 was conditions so the words “with certainty” were once again for foreign nationals under tolerated stay added to section 26(2) of the Aliens Act. This (leave to remain on humanitarian grounds) means that the immigration authorities and who had residence and reporting obligations at the judiciary have to expel criminal foreign Kærshovedgård departure centre. In November nationals unless it can be said “with certainty” 2016, the Government submitted a Bill to that the expulsion will be in violation of amend the Aliens Act in order to strengthen Denmark’s international obligations. supervision of foreign nationals under tolerated stay and expelled criminals. The Bill proposes Secondly, the Government coalition agreement the introduction of a new reporting obligation, of 27 November 2016 stresses that the as well as the tightening of sanctions for Government will intensify efforts to have breaches of the imposed obligations, and the expelled criminal foreign nationals and rejected establishment of the right to serve a prison asylum-seekers returned. Among other things, sentence with an electronic ankle tag or this will be achieved when, as a part of its special access to pre-trial detention. The Bill Chairmanship of the Council of Europe in 2017, is expected to undergo a second reading in the Government will take a critical approach to February 2017. the European Court of Human Rights’ dynamic style of interpretation which extends the scope In 2016, two court proceedings were of parts of the European Convention on Human commenced regarding foreign nationals under Rights. tolerated stay at Kærshovedgård departure centre. It is among other things claimed that Thirdly, the Government coalition agreement the persons in question are being detained states that the Government will look into in violation of Article 5 of the European the option of using diplomatic guarantees Convention on Human Rights. in connection with the expulsion of foreign nationals on tolerated stay (leave to remain on humanitarian grounds). A diplomatic guarantee is an agreement with the receiving NEW CHALLENGES country that the foreigner being expelled will not be subjected to torture or other inhuman • The proposed amendment to the Aliens Act treatment. The guarantee often contains an suggests further restrictions on the terms agreement to allow representatives from and conditions for foreign nationals under the embassy or consulate representing the tolerated stay with residence and reporting expelling country to have regular access to obligations. The institute believes that there is the expelled person in the receiving country to significant risk that the proposed restrictions, ensure that the person in question has not been in combination with earlier restrictions, could harmed. develop into a violation of Denmark’s human

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rights obligations. This applies to the right to personal liberty, the right to the freedom of RECOMMENDATIONS movement, the right to privacy and the right to not be subjected to inhuman or degrading Among other things, the Danish Institute treatment. for Human Rights recommends that the Government: • The Government will explore the option of using diplomatic guarantees. A state may • continue to show a high level of prudence not expel a person to another state if there is with regard to using diplomatic guarantees a real risk that the person will be subjected and, if such guarantees are exercised, to torture, inhuman or degrading treatment carefully include and assess the criteria for in the receiving state. International human use of such guarantees stipulated by the rights bodies have therefore responded very European Court of Human Rights. critically to the use of such guarantees in circumstances where there are considerable • reconsider the regulations governing reasons to assume that the person will be residence and reporting obligations for subjected to torture in the receiving state. foreign nationals on tolerated stay, including the Bill introduced in November 2016 which contains stricter requirements for these individuals. This should be done in order DANISH ISSUES EXAMINED BY to ensure that conditions for these foreign INTERNATIONAL BODIES IN 2016 nationals are in accordance with Denmark’s human rights obligations. • In the so-called FezFez case (Salem v. Denmark) the European Court of Human We also recommend that Danish authorities: Rights - just as the Danish Supreme Court - on 1 December 2016 found that Denmark’s • regularly make decisions based on the expulsion of a criminal foreign national to specifics of a case as to whether continuing to Lebanon was not in violation of Article 8 of impose residence and reporting obligations the European Convention on Human Rights, on a foreigner under tolerated stay would be despite his strong personal and family-related contrary to the prohibition on inhuman and connection to Denmark.264 degrading treatment and the right to a private life stipulated in the European Convention on Human Rights.

80 CHAPTER 19

UNREGISTERED MIGRANTS

HUMAN RIGHTS OF UNREGISTERED one knows how many unregistered migrants are MIGRANTS living in Denmark. Figures from 2014 estimate Unregistered migrants are foreign nationals that between 20,000 and 50,000 people live in who are staying in Denmark without the Denmark as unregistered migrants.265 knowledge or acceptance of the Danish authorities. In terms of human rights, this is an Unregistered migrants can have very different area in which different general legal principles grounds for residence. Some are entitled to collide – on the one hand the principle of stay in Denmark for a shorter or longer period, universal and inalienable human rights of while others have no legal right to reside in the individual and on the other hand, the Denmark at all. However, common for them all international law principle allowing a state the is that their residency status only provides them sovereign prerogative to regulate the presence with limited rights under Danish legislation of foreign nationals in its territory. and/or limited possibilities to invoke these rights because of the risk of registration, This chapter relates to human rights issues detention and deportation. The weak legal that arise when unregistered migrants stay in position of unregistered migrants makes them Denmark, regardless of whether or not they vulnerable with regard to securing their basic have the right to reside. You can read more economic and social rights and needs, as about the rights of unregistered migrants in well as vulnerable to exploitation and abuse, the thematic report on ‘Unregistered migrants’ including human trafficking etc. (in Danish) from the institute’s 2015-16 status report and in the institute’s report from 2016 on In 2016, the institute published a survey on the health rights of unregistered migrants. the health rights of unregistered migrants in Denmark. Based on this survey, the institute DEVELOPMENTS IN HUMAN concludes that the current practice regarding RIGHTS IN 2016 access to health services for unregistered Unregistered migrants are not known or pregnant women and children is not in registered by the authorities and therefore no accordance with Denmark’s human rights

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obligation, particular the Convention of the of Justice submitted a proposed amending Rights of the Child. However, the Government executive order for public consultation. The rejected the need to amend health legislation amendment would criminalise staying in the in Denmark. The Government referred to a camps via the Public Order Executive Order. 2014 analysis by the former Ministry of Health The institute – and several other participants and Prevention, which concluded that current in the consultation process – criticised that legislation and practice was in accordance with the prohibition was only vaguely defined and Denmark’s international obligations.266 The warned against criminalising homelessness. institute does not agree with this assessment. 268 The institute also criticised the use of the term “Roma camps”, which associates a certain In 2016, the debate on unregistered migrants conduct with a specific ethnic group, and centred on questions regarding the number of warned that prohibition against a certain ethnic unregistered migrants traveling to and residing group may lead to discrimination and further in Europe and Denmark as a consequence of stigmatisation. the refugee crisis and on the presence of poor and homeless foreign nationals with a right of residence under EU law. HUMAN RIGHTS IMPROVEMENTS On the latter, focus has centred on the disruption to public order that can be caused • In 2015, the City of Copenhagen, in by the presence of homeless foreign nationals cooperation with volunteer organisations, with a right of residence under EU law. During launched a special ‘transit programme’ the summer of 2016, several media outlets to ensure measures to help particularly reported on problems that camps of homeless vulnerable migrants. The 2016 budget foreign nationals in public spaces caused agreement for the City of Copenhagen insecurity and disorder. The camps were allocated DKK 2.7 million to the project referred to as “Roma camps”. Based on a court annually for four years. The volunteer decision from 2014, the police claimed that they organisations participating in the programme were not authorised to clear camps on public will offer counselling and guidance, care, streets, they could only clear camps in green drop-in centres, medical services and shelters areas. In September, the police said that they for vulnerable migrants. had cleared a total of 40 camps in 2016.267 The political parties behind the Finance Act decided to criminalise such camps and introduce the option of a zone ban in connection with repeated offences. In December, the Ministry

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NEW CHALLENGES RECOMMENDATIONS

• In December 2016, the Ministry of Justice The Danish Institute for Human Rights submitted a draft proposal to consultation recommends that the Government take steps on amending the Public Order Executive to: Order. The amendment would criminalise establishing and staying in camps and extend • prepare an overall policy in relation to the option of issuing zone bans. unregistered migrants in accordance with human rights standards.

• stipulate regulations to ensure that SURVEYS BY INTERNATIONAL BODIES unregistered women are entitled to examination and treatment during pregnancy, • In 2016, the European Union Agency for childbirth and maternity as well as access to Fundamental Rights published a study abortion. on the severe exploitation of workers who migrate within or to the European Union. The • specify in health regulation that Agency made a number of recommendations unregistered children are entitled to the to prohibit and combat the exploitation of same health services as other children workers and to protect victims of severe in Denmark, including the right to child exploitation of labour.269 health examinations and immunization programmes, etc.

• ensure emergency accommodation for homeless unregistered migrants all year round.

We also recommend that the Ministry of Justice and the National Police:

• cease the practice of issuing ‘on-the-spot fines’ to foreign nationals.

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CHAPTER 20

ARMED CONFLICT

HUMAN RIGHTS AND ARMED CONFLICT DEVELOPMENTS IN HUMAN Armed conflict is primarily regulated by the RIGHTS IN 2016 four Geneva Conventions from 1949 and the In recent years, Denmark has, to considerable so-called Hague Conventions. The Geneva extent, participated in international military Conventions contain regulations on the operations - both in UN controlled operations protection of wartime prisoners and civilians. and operations authorised by the UN, which The Hague Conventions regulate the weapons, included situations of armed conflict. resources and methods which may be legally used during armed conflict. In 1977, two During spring 2016, a majority in Danish additional protocols were added to the Geneva Parliament decided to deploy Danish special Conventions. The protocols specified and forces and F16-combat aircraft against Islamic expanded protections during armed conflict. State in Syria and Iraq. Denmark’s active These regulations are known as humanitarian security and foreign policy is also reflected international law. in the government coalition agreement from November 2016. Is states that: In addition to these regulations, human rights also apply during armed conflict. This has been “The threats we are facing today are established by a number of international courts significantly different to the threats we were and committees and recognised by most states. facing a few years ago. From terrorism to Human rights often provide a better protection fragile states and a Russia which is creating of individuals than regulation in humanitarian renewed insecurity in Europe. At the same international law, for example with regard to time, Denmark is facing significant challenges the right to life and the right to freedom. You in the area of cyber security and in the Arctic. can read more about the application of human Based on this, the Government will take the rights during armed conflict in the thematic substantial step of allocating more resources report on ‘Armed conflict’ (in Danish) from the to Defence Command Denmark in the defence institute’s Status Report 2015-16. agreement which will cover the period after 2017. (...) Denmark must continue to actively

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contribute to international military operations On 22 August 2016, the Eastern High Court of and stabilisation tasks in order to be a part Denmark decided that the case brought against of increasing security and maximising the the Ministry of Defence by 23 Iraqis was not effectiveness of Defence Command Denmark covered by statutes of limitations and could be and its ability to work with our allies.”270 examined by the court. The 23 Iraqis claimed that in 2004 they were subjected to offensive In September 2016, the Ministry of Defence and illegal treatment while being detained by and Defence Command Denmark published Danish forces in Iraq and when being handed the first Danish military manual on international over to Iraqi police forces, who allegedly law for Danish armed forces participating in tortured them and subjected them to other international military operations.271 The more inhuman or degrading treatment. The case is than 600 page long manual was completed expected to start in November 2017. after long-term efforts by people both inside and outside Defence Command Denmark, including with input from the Danish Institute for Human Rights. The manual describes HUMAN RIGHTS IMPROVEMENTS the overall framework of international law applicable in armed conflict and it will provide • The new Danish Military Manual is a the planning framework for Defence Command significant improvement. The manual Denmark’s participation in international addresses and clarifies several international operations and will function as a textbook for, law questions which have arisen over the in particular, Defence Command Denmark’s past few years in connection with Denmark’s planning staff, managers and military lawyers. active international military efforts, including regarding Denmark´s human rights In May 2016, the Government and a majority obligations during armed conflicts as well of parties in Parliament decided to launch an as concerning detention and transfer of impartial historic investigation into the basis prisoners. It is very positive that such legal and political reasons for Denmark’s military clarification has been achieved. participation in Kosovo, Iraq and Afghanistan.272 However, compared to the previous Iraq commission, the investigation will not clarify the international law questions that arose NEW CHALLENGES during the Danish military operations, including questions regarding the treatment and transfer • The completion of the new Danish military of prisoners. manual has clarified the international law obligations of the Danish forces. The question

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now is how to ensure compliance with the manual’s regulations in practice. This RECOMMENDATIONS includes whether the existing mechanisms currently in place can ensure effective The Danish Institute for Human Rights compliance with the military manual. In recommends that Defence Command 2015, Defence Command Denmark had 9 Denmark: permanent military legal advisors who are organisationally attached to the Military • carries out an evaluation of the Danish Prosecution Service. A military legal Defence’s Legal Advisory Services in order advisor who is deployed alongside Danish to ensure that the individual military legal force contributions and during concrete advisor has the required framework and military operations, shall advise the military working conditions to ensure an effective commanders on Denmark’s international implementation of and compliance with the law obligations. The ’s Legal new Danish military manual. Advisory Services have been in place since 1997. Military legal advisors play a key role • devise a due diligence policy for use when in ensuring that Denmark complies with its providing aid to and collaborating with the international law obligations in practice. That armed forces of other countries. Inspiration international law is converted into concrete can be drawn from the UN’s ‘Human Rights action. Due Diligence Policy on support to non-United Nations security • During international military operations, it forces’ and the EU’s forthcoming ‘Due is normal for Danish forces to work together Diligence Policy’. A policy which states with forces from other countries, including under which conditions Danish forces can coalition forces and forces from the host support or cooperate with another state’s country. This is the case in Iraq where Danish forces, and how the said cooperation should forces have trained and carried out joint be monitored and possibly discontinued if operations with both British and Iraqi forces. necessary. It is still unclear what obligations Denmark is under during such joint operations, and how to best ensure that forces that Denmark trains or cooperates with comply with international law.

86 CHAPTER 21

FREEDOM OF EXPRESSION AND ASSEMBLY

FREEDOM OF EXPRESSION to both freedom of expression and freedom AND ASSEMBLY of association as it ensures that like-minded The rights to freedom of expression and citizens can gather in order to influence the assembly are two fundamental civil and political process, including the way in which political rights in any democratic society. society is organised.

These rights are crucial for the individual as However, freedom of expression and assembly they secure individuals and groups in society are not absolute rights and may be restricted in the right to express their opinions and receive order to accommodate other significant matters information from others. These rights are also of public interest or the rights of others. For vital for the fundamental development and example, violent assemblies, incitement self-expression of all individuals. to violence, hate and racist speech are not protected. The rights to freedom of expression and assembly are also of great importance to Rights to freedom of expression and assembly society. Knowledge and information are not are protected by a number of international only important for the individuals who receive human rights conventions, including the the information but also for society as a European Convention on Human Rights, the whole. The democratic process requires free UN International Covenant on Civil and Political political debate on relevant societal issues Rights and sections 77 and 79 in the Danish which allows citizens to freely choose their Constitution. You can read more about the political standpoint. Freedom of expression freedom of expression and assembly in the and information ensures that all citizens, thematic report on ‘Freedom of expression and including politicians, public employees etc., assembly’ (in Danish) from the institute’s Status have freedom of expression and it also accords Report 2015-16. the media an important role with regard to communicating information and opinions, etc. Freedom of assembly is closely related

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DEVELOPMENTS IN HUMAN register foreign nationals in a national sanction RIGHTS IN 2016 list if the foreign national has behaved in a The TV2 programme series ‘Moskeerne bag manner (including in actions or statements) sløret’ (the mosques behind the veil) presumed which gives reason to believe that the person to give insight into how some Muslim religious in question might pose a threat to public order preachers spread propaganda about values in Denmark.275 The Bill only applies to religious and rules that are in direct contradiction preachers and others who propagate a religion to Danish values and laws. In May, the TV or faith. The statements or actions will be programme resulted in the Government, covered by the provision, regardless of whether the Social Democrats, the Danish People’s they are made in private or public.276 The Party and the Conservatives, entering into a institute also expressed a number of concerns political agreement on initiatives aimed at regarding this Bill in its legal brief. religious preachers who seek to undermine Danish laws and values and who support A case regarding a glossy Danish magazine (the parallel conceptions of law. In the basis of this so-called ‘SE og HØR case’) has led to debate agreement, the Danish Parliament adopted a regarding the line between media coverage number of Bills in December 2016, including and privacy. As a consequence of the case, two Bills that, among other things, will restrict the November 2016 Government coalition freedom of expression. agreement announced a tougher stance towards media that violate the right to privacy One of the Bills makes it a criminal offense or make defamatory accusations etc.277 to express approval of certain criminal acts in religious teaching.273 This Bill means that, In October 2016, following a general in the future, it will be a criminal offense to investigation, the Danish Parliamentary explicitly condone terror, murder, rape, acts of Ombudsman concluded that the introduction violence, incest, paedophilia, deprivation of of the so-called servicing of the minister liberty, coercion and polygamy in connection with rule in the Access to Public Administration religious teaching. This criminalisation applies Files Act has in practice led to significant regardless of whether the statements are made restrictions on the right of access to case in private or in public and applies to both religious materials. Furthermore, in practice access is preachers and others who make statements in often only given to documents and information the context of religious teaching.274 In its legal that are unlikely to be of any particular brief to the draft Bill, the institute expressed a interest to the public.278 The November 2016 number of concerns regarding the Bill. Government coalition agreement states that the Government will relax the servicing of The second Bill amends the Danish Aliens Act, the minister rule when the Access to Public and it gives Danish authorities the authority to Administration Files Act is evaluated in 2017.

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In September 2015, the Independent Police and during two subsequent Chinese visits to Complaints Authority launched an investigation Copenhagen in 2013 and 2014. into the so-called Tibet-case, after the High Court of Eastern Denmark issued a ruling During 2016, a number of cases have led regarding the detention of a number of to debate on how to ensure the freedom of demonstrators by the police during a Chinese expression for public employees. For example, state visit in 2012. The decision to launch it was revealed during 2016 that, during a an investigation of the case was based on a presentation to employees at a Defence complaint filed by the Copenhagen Police Command Denmark barrack, the Chief of Commissioner regarding the issue of whether Defence said that he would dismiss employees or not Copenhagen Police personnel might who made disloyal statements regarding have committed criminal offences, including Defence Command Denmark on social media. providing incorrect information during the trial. The Ombudsman stated that the statements The Independent Police Complaints Authority made by the Chief of Defence was not an then received a complaint from the lawyer accurate description of the statutory rights of representing the injured parties in the case that employees under current regulations and the two police officers had given false depositions principles regarding the freedom of expression while the case was being heard by Copenhagen for public employees. Most importantly, there City Court. In October 2016, the investigation of is a serious risk that the statements could make the case by the Independent Police Complaints employees uncertain of their right to make Authority led to the questioning and charging of critical statements in their own name about the two police officers who are under suspicion Defence Command Denmark.281 of giving false testimony in court when they appeared as witnesses during the Tibet case.279 In another case in December 2015, an upper In October 2015, the uncertainty regarding the secondary school teacher sent an email to possible role of other public authorities in the members of the Finance Committee of the planning of the measures carried out by the Danish Parliament criticising the management police compelled the then Minister for Justice at his workplace for financial arrangements in to establish a commission to investigate the connection with a construction project. This case. In November 2016, the Tibet Commission critique of the school led to the dismissal of the began questioning police personnel and, since teacher due to ‘intentionally disloyal conduct’. then, Ministers and civil servants from several The case received substantial media coverage. ministries have also been issued statements This resulted in the management sending a to the Commission.280 One of the tasks of the letter to all employees at the school in which Commission is to investigate the reason for the management stated that, if teachers the actions of the police in connection with expressed their disagreement with the school’s the Chinese state visit to Copenhagen in 2012 financial arrangements in public, this could

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be in contravention of the employees’ duty of for public employees.284 The purpose of the loyalty to the school. The Ombudsman found guidelines is to make both public employees that the upper secondary school teacher was and their managers more aware of their within his rights to criticize his employer in the right to voice their opinions. The Ministry email to members of the Finance Committee of of Justice has also initiated cooperation the Danish Parliament. The Ombudsman also with the Modernization Agency to prepare found that the information letter sent by the an e-learning course in 2017 for all public management was not correct. employees.285

In May 2016, the High Court of Eastern • The Government coalition agreement from Denmark reached a principal decision on the November 2016 states that the Government scope for application of the so-called racism will establish a commission to assess the provision of Section 266b of the Criminal Code. framework and general conditions of freedom The Danish High Court confirmed that the of expression in Denmark. Furthermore, provision did not cover insulting, jibing, etc. a the Government coalition agreement states group of people because of their ideology.282 that freedom of expression is a fundamental The Danish High Court based its decision on the prerequisite for a well-functioning democracy fact that the statements under examination in and for the development of society and the case were directed at Islamic ideology and individuals. It also states that freedom of Islamists but not at Muslims in general. expression is fundamental to a democratic form of Government where voters can make their choice based on free political debate in which ideas and opinions can be voiced and HUMAN RIGHTS IMPROVEMENTS argued. The commission has not yet been set up. • During autumn 2016, the Government decided to enhance information measures • The Government coalition agreement states on the freedom of expression for public that when the Access to Public Administration employees. The decision was based on the Files Act is evaluated in 2017, the Government 2015 committee report on the freedom of will relax the protection of the internal and expression of public employees and the political decision-making process under the whistleblower schemes.283 Among other servicing of the minister rule.286 things, the committee report resulted in the Ministry of Justice publishing in 2016 a • During September 2016, the Ministry of revised version of the previous 2006 Ministry Defence announced that it would consider guidelines on the freedom of expression initiatives to promote freedom of expression

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for employees at Defence Command Denmark. At the same time, the Ministry of DANISH ISSUES EXAMINED BY Defence announced that work was underway INTERNATIONAL BODIES IN 2016 to prepare guidelines for employees working for the Ministry of Defence.287 • In January 2016, Denmark was reviewed by the UN Human Rights Council as part of the Universal Periodic Review (UPR). Denmark was recommended to decriminalise libel and NEW CHALLENGES slander and allow such cases to be treated solely as a civil law matter. • An analysis from 2016, prepared by the think- tank ‘Justitia’, shows that there has generally In several publications in 2016 , the European been a pronounced increase in the annual Union Agency for Fundamental Rights (FRA) number of detentions under the authority has focused on freedom of expression and its of the Police Act, including in connection limits: with demonstrations and gatherings. Based on the analysis, among other things Justitia • In November 2016, FRA published a report concluded that the Police Act does not on incitement to discrimination, hatred provide the necessary protection of freedoms or violence against specific groups both for citizens, including freedom of expression in media content as well as in political and the freedom of assembly.288 discourse.289 Denmark is mentioned as one of the countries in which, during the period from • In 2016, the Danish Parliament adopted two 1 January 2014 to 1 September 2016, there Bills limiting freedom of expression, as part were cases on incitement to hatred against of its measures against religious preachers Muslim, Jewish and Christian communities. who seek to undermine Danish laws and The report specifically refers to the Danish values and who support parallel conceptions High Court’s 2015 decision wherein a former of law. Member of Parliament, Mogens Camre, was found guilty of violating the racism provision • During 2016, a number of cases from in Section 266b of the Criminal Code. Government and municipal institutions have showed the need to clarify regulations • FRA published another report in November regarding public employees’ freedom 2016 on threats and violence against of expression, including the scope of an journalists and other media actors in EU employee’s duty of loyalty to their employer. Member States. The report contains a section about the violent or threatening behaviour

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or reprisals that journalists may experience when carrying out their work. In connection RECOMMENDATIONS with this, the report refers to the Danish case regarding a photographer for the newspaper The Danish Institute for Human Rights Politiken who, in September 2015, was recommends that the Government: arrested by police after disobeying their orders to leave the motorway and instead • launch additional initiatives with the specific continuing to photograph refugees walking aim of raising awareness of regulation on along the motorway.290 freedom of expression for public employees, including in particular the scope of and limits on an employee’s duty of loyalty.

• take steps to legislate on shared burden of proof and increased compensation in the event of unfair dismissal in cases regarding freedom of expression for public employees.

• consider testing whistleblower schemes in selected areas.

We also recommend that the Ministry of Justice and the National Police:

• ensure greater safeguards on freedom of expression and assembly in connection with political statements and public gatherings.

92 CHAPTER 22

THE ELDERLY

HUMAN RIGHTS OF THE ELDERLY DEVELOPMENTS IN HUMAN Human rights protect every individual and this, RIGHTS IN 2016 of course, includes the elderly. Most human In February 2016, the Danish Parliament rights conventions have a non-discrimination agreed to increase its requirement that all provision regarding those who are covered by municipalities prepare a ‘dignity policy’ for the rights in the convention. However, age is elderly care. This means that municipal rarely specifically mentioned as grounds for councils must hereafter adopt a dignity discrimination. Under the European Union, policy for municipal elderly care during the however, age discrimination is specifically first year of each election period. Municipal prohibited. The UN has established a working senior citizens councils must be involved in group to explore developing a convention preparation of the policy. The dignity policy on the rights of the elderly. However, work is should describe how elderly care will support progressing slowly. quality of life, self-determination and the quality of work with the elderly.292 In 2014, the Council of Europe adopted a recommendation to Member States, which The former Liberal Party government and the included a number of principles and goals for three other parties behind the 2016 Finance Act the well-being and care of the elderly.291 (the Danish People’s Party, Liberal Alliance and the Conservative People’s Party) entered into Many elderly live active and independent lives. an agreement in June regarding the allocation The UN’s Convention on the Rights of Persons of DKK 1.2 billion in the period 2016 - 2019 to with Disabilities, however, is an important implement a national action plan to support instrument for the elderly who suffer from elderly medical patients. The first step will physical or psychological disabilities. The be to immediately increase efforts to reduce Convention defines its target group as persons overcrowding at hospitals so fewer patients with long-term physical, mental, sensory or risk having to lie in their beds in hallways. motoric impairments. This definition includes The second step will improve efforts before elderly people who suffer from dementia, for and after hospital admission and strengthen example. coordination between the hospital and home

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nursing services, rehabilitation, general In December 2016, an agreement on a national practitioners, etc.293 action plan on dementia up to 2025 was entered into by almost all parties in the Danish DKK 2 billion was allocated to elderly care in Parliament.297 The agreement allocates the the subsequent Finance Act over the following DKK 470 million to specific initiatives within the four years 2017-2020. Of this amount, DKK following focus areas: 380 million annually, approximately DKK 1.5 billion in total, will be allocated to a scheme 1. Early discovery and quality of diagnosis and in which the elderly in nursing homes will treatment. be given half an hour extra help each week 2. Improved quality of care and rehabilitation. and they can choose to use this help as they 3. Support for persons suffering from dementia wish. Furthermore, DKK 450 million has been and their relatives. earmarked to renovate, establish or re-establish 4. Dementia-friendly housing and kitchens in nursing homes.294 -communities. 5. Improved knowledge and competences. The Government, Local Government Denmark, Danish Regions and the Danish Medical The Danish Health Authority has published Association have entered into an agreement a draft national action plan 2025: ‘Livet med offering residents at nursing homes the option demens – styrket kvalitet i indsatsen’ (Living to register with a physician who is permanently with dementia – strengthened quality of attached to the individual nursing home. measures).298 Funding has been allocated from the 2015 public pool of funds. DKK 100 million has Reducing the use of antipsychotic medication been earmarked for the period 2016-2019. The among people with dementia is a focal point in agreement now needs to be implemented the draft national action plan. According to the locally .295 action plan, the use of antipsychotic medication should be reduced by 50 percent by 2025.299 Approximately 90,000 people in Denmark In December 2016, the Government and the have some type of dementia,296 and dementia parties behind the public pool of funds agreed has been one of the major focus areas for the to launch initiatives to monitor the use of Government in 2016. The Government and antipsychotic medication.300 the parties behind the public pool of funds have allocated DKK 470 million over four years Furthermore, the Danish Health Authority has for initiatives in a new national action plan for launched a project which will run until 2018, to dementia and DKK 50 million to make existing test a new model for residential care for people care homes more suitable for dementia care. suffering from dementia. The model is to increase the quality of life for residents.301

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The Ministry for Children and Social Affairs The Government, regions and municipalities is revising its guidelines on the use of force published a new public-sector digital strategy and other interferences in the right of self- for 2016-20. It has three overall objectives: The determination of adults. In connection with this, objective of digitisation is to improve services for focus is on making the guidelines clearer and citizens, increase growth and ensure confidence easier to work with for case officers and staff at and trust between citizens and the public sector. care facilities.302 In connection with the latter objective, the strategy places emphasis on Denmark being On 19 December 2016, the National Board of “an inclusive society in which everyone can Social Services published new and simplified participate, both those who are digitally ready forms for registering and reporting the use and those who cannot use the digital solutions of force on adults. The forms will replace the or who do not have access to them”.305 previous templates, which were difficult to use in practice. The aim of the new forms is, among Compared to the population in general, a other things, to reduce the use of force. disproportionate number of citizens over the age of 65 still do not have internet access In 2016, the institute prepared a report on at home. While 93 percent of all citizens treatment for permanently legally incapable between the ages of 16 and 89 have access to patients with somatic diseases. So far, it has the internet at home, that number falls to 79 not been allowed to give medical treatment percent for people between 65 and 89. This to permanently legally incapacitated patients is a 20 percent increase on five years ago, so who refuse the treatment. This means that digitisation is progressing rapidly, even among some patients do not receive the necessary older citizens. Statistics Denmark confirms that medical treatment or are given such treatment there are still around 215,000 people between in violation of the legislation. The report the ages of 65 and 89 without access to the Behandling med tvang? ‘Somatisk sygdom internet.306 hos behandlingsafvisende inhabile’ examines practices and provides recommendations on how Denmark can promote the human rights of the group of patients concerned.303 HUMAN RIGHTS IMPROVEMENTS

The Minister of Health has, 30 March 2017, • The Danish Parliament has agreed that presented a Bill in parliament on the use the municipalities will prepare a “dignity of force in the treatment of permanently policy” for elderly care; a policy that builds incapable patients with somatic diseases.304 on principles which are in accordance with international recommendations, including those from the Council of Europe.

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• The Danish Parliament, the Government and relevant ministries and agencies are DANISH ISSUES EXAMINED BY all focusing on making Denmark a more INTERNATIONAL BODIES IN 2016 dementia-friendly society and significant funds have been allocated for this purpose. • In January 2016, Denmark was reviewed by the UN Human Rights Council as part of • The Digital Strategy 2016-2020 will work the Universal Periodic Review (UPR). It was towards ensuring that citizens may grant recommended that Denmark join the anti- digital power of attorney to another trusted discrimination treaty Protocol no. 12 of the party if they themselves are unable to use European Convention on Human Rights. The digital solutions. Government rejected this recommendation on the grounds that such a general prohibition would shift power from the Danish Parliament to the judiciary.307 NEW CHALLENGES • In June 2016, Denmark was reviewed by • There is focus on revising the Ministry of the UN Human Rights Committee, which Children and Social Affair’s guidelines monitors implementation by State parties to municipalities on the use of force and of the UN International Covenant on Civil other interferences in the right of self- and Political Rights. Among other things, determination of adults. However, focus the committee recommended that Denmark has not been on studying whether the more broaden its anti-discrimination legislation to fundamental rules in the Social Services Act cover all areas of life.308 on use of force sufficiently ensure the human rights of people who suffer from dementia.

• The Digital Strategy 2016-2020 entails compulsory online self-service for all citizens in a wide number of areas. Generally, exemption may be sought separately for each area covered by mandatory digital contact, and it remains with the authorities to decide who may be exempted from this regulation.

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RECOMMENDATIONS

The Danish Institute for Human Rights recommends that the Government:

• take the initiative to amend the Social Services Act to ensure that care staff do not encounter situations in which they have to choose between, on the one hand, failing to provide persons suffering from dementia and others with severe long-term incapacity the necessary care and, on the other, providing such care without the proper legal basis.

• ensure that application of the regulations in the Social Services Act on duty of care, alarm systems etc. and detention at a nursing home is adequate to ensure the right to personal health and safety for persons with dementia.

• enable a general exemption from digital communication for vulnerable elderly people.

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NOTES

1 The Government, the November 2016 8 European Commission, press release, EU Government coalition agreement, and Turkey agree European response to Regeringsgrundlaget Marienborgaftalen refugee crisis, 19 March 2016. 2016 For et friere, rigere og mere trygt 9 European Commission, COM(2016) 270 Danmark: http://stm.dk/_a_1619.html. final, 2016/0133(COD), Proposal for 2 Proposal for parliamentary resolution no. 18 a REGULATION OF THE EUROPEAN of 25 October 2016 regarding the European PARLIAMENT AND OF THE COUNCIL Convention on Human Rights (the Danish establishing the criteria and mechanisms Parliament 2016-17): http://www.ft.dk/ for determining the Member State RIpdf/samling/20161/beslutningsforslag/ responsible for examining an application for B18/20161_B18_som_fremsat.pdf international protection lodged in one of the 3 Supreme Court ruling of 6 December Member States by a third-country national 2016, Case 15/2014: http://www. or a stateless person (recast), 4 May 2016. hoejesteret.dk/hoejesteret/nyheder/ 10 For example, ECRE, ECRE Comments to Afgorelser/Pages/OmforholdetmellemEU- the Commission Proposal for a Dublin IV retogdanskretienfunktionaersag.aspx. Regulation COM(2016) 270, October 2016. 4 The UN Human Rights Committee, 11 For example, the agreement between Concluding observations on the sixth the Danish Government, Danish People’s periodic report of Denmark, CCPR/C/DNK/ Party, Liberal Alliance and the Conservative CO/6, available at: https://documents-dds- People’s Party on the 2017 Finance Act, 18 ny.un.org/doc/UNDOC/GEN/G16/180/52/ November 2016. PDF/G1618052.pdf?OpenElement. 12 For example, see Berlingske newspaper 5 UNHCR Global Trends 2015, June 2016. article, Regeringen stopper for modtagelsen 6 Figures available from EUROSTAT. af kvoteflygtninge, 11 September 2016, 7 Figures retrieved from the Ministry of available (in Danish) at: http://www.b.dk/ Immigration and Integration website, www. nationalt/regeringen-stopper-for- uibm.dk. modtagelsen-af-kvoteflygtninge.

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13 Bill no. 108 of 15 December 2016 to amend accommodation for child brides at asylum the Aliens Act (transfer of tasks from the centres), 10 February 2016. Ministry of Immigration and Integration 17 For example, Danish Institute for Human to the Refugee Appeals Board and the Rights, news article re. that asylum-seeking Immigration Appeals Board, etc.). couples should not automatically be 14 For example, the Danish Institute for separated, Unge asylpar bør ikke adskilles Human Rights’ consultation response of automatisk, 30 March 2016; and a memo on 23 November 2016 to the Bill to amend the same issue, Notat vedr. adskillelse af the Aliens Act (transfer of tasks from the unge par på asylcentre, 22 March 2016. Ministry of Immigration, Integration and 18 The Immigration and Integration Committee Housing to the Refugee Appeals Board and 2016-16, UUI Alm. del, final reply to the Immigration Appeals Board, etc.); and question 1007, 16 November 2016; the the Danish Refugee Council’s consultation Danish Immigration Service’s guidelines response of 23 November 2016 to a draft for accommodation re. minor asylum- Bill to amend the Aliens Act (transfer of seekers who are in a marriage with, or tasks from the Ministry of Immigration, are a cohabitee with, persons residing Integration and Housing to the Refugee at an asylum centre, Retningslinjer for Appeals Board and the Immigration Appeals indkvartering af mindrearige asylansøgere, Board, etc.). som har indgaet ægteskab eller er 15 The Ministry of Social Affairs and samlevende med en person, som opholder the Interior’s analysis, Analyse af sig i Danmark, 1 July 2016; and the servicelovens anvendelsesområde i Ministry of Immigration and Integration’s forhold til udlændinge med processuelt memo on how to interpret Denmark’s eller ikke lovligt opholdsgrundlag, 29 international obligations in such cases, June 2016; letter regarding the scope of Notat om fortolkningen af Danmarks the Social Services Act, Meddelelse om internationale forpligtelser i sager om servicelovens anvendelsesområde i forhold Udlændingestyrelsens indkvartering af til asylansøgere og udlændinge uden lovligt mindreårige ægtefæller og samlevere på ophold, 1 July 2016; and draft guidelines asylcentrene, 12 December 2016. no. 3 on the Social Services Act, Vejledning 19 The Danish Parliamentary Ombudsman, om særlig støtte til børn og unge og deres news article re. the practice of separating familier, submitted for consultation on 14 asylum-seeking couples, Ombudsmanden October 2016. rejser spørgsmål om adskillelse af asylpar, 16 The Minister for Immigration, Integration 12 May 2016. and Housing, press release, Inger Støjberg 20 The Danish Parliamentary Ombudsman, stopper indkvartering af barnebrude news articles re. the Ombudsman’s på asylcentre (Inger Støjberg stops concerns about conditions for foreign

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nationals kept in detention at the former aspx?CountryCode=DNK&Lang=EN. Vridsløselille prison, Ombudsmanden 27 DIHR’s supplementary report is available at alvorligt bekymret for udlændinge http://menneskeret.dk/udgivelser/parallel- i Vridsløselille, 15 March 2016, and report-to-the-un-committee-on-the-rights- Udlændinge i Vridsløselille har fået markant of-the-child. bedre forhold, 20 September 2016. 28 Act no. 133 of 16 February 2016 to amend 21 For example, the Danish Immigration the Parental Responsibility Act and the Service, news article re. closing the Social Services Act (Custody in situations Tullebølle children’s centre, Børnecenter in which one of the parents has caused Tullebølle lukkes, 26 October 2016; and the the death of the other parent, transfer of Danish Parliament open consultation in the custody to cohabiting couples, etc.). Immigration and Integration Committee 29 Act no. 296 of 22 March 2016 to amend about the conditions on children’s asylum the Active Social Policy Act, the Individual centres in Denmark, 1 December 2016. Housing Support Act, the Integration Act 22 For example, the Immigration and and various other Acts. Integration Committee 2016-17, UUI, Alm. 30 Helene Oldrup, Mogens Nygaard del, final reply to question 101, 16 December Christoffersen, Ida Lykke Kristiansen and 2016. Stine Vernstrøm Østergaard: Violence and 23 The UN Human Rights Council, Working sexual abuse against children and young Group on the Universal Periodic Review, people in Denmark 2016. The Danish Draft report of the Working Group on the National Centre for Social Research, 2016. Universal Periodic Review, Denmark, 25 31 Børneindblik, no. 7 November 2016. January 2016, A/HRC/WG.6/24/L.7. An analysis memorandum from the 24 The UN Human Rights Committee, National Council for Children. Available (in Concluding observations on the sixth Danish) at http://www.boerneraadet.dk/ periodic report of Denmark, CCPR/C/ media/191746/BRD_Boerneindblik_Nr716_ DNK/CO/6, points 35-36, available at: Vold_i_hjemmet_FINAL.pdf. https://documents-dds-ny.un.org/doc/ 32 Helene Oldrup, Mogens Nygaard UNDOC/GEN/G16/180/52/PDF/G1618052. Christoffersen, Ida Lykke Kristiansen and pdf?OpenElement. Stine Vernstrøm Østergaard: Violence and 25 The European Union Agency for sexual abuse against children and young Fundamental Rights, www.fra.europe.eu, people in Denmark 2016. The Danish Regular overviews of migration-related National Centre for Social Research, 2016, fundamental rights concerns. p 67 and p 76, and Børneindblik, no. 7 26 The report is also available at http:// November 2016. An analysis memorandum tbinternet.ohchr.org/_layouts/ from the National Council for Children, p 5 TreatyBodyExternal/Countries. and p 8.

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33  The National Social Appeals Board’s 40 The Research Division of the Ministry statistics of care placements, available (in of Justice, report on the development Danish) at https://ast.dk/publikationer/ in juvenile delinquency 2006 to ankestyrelsens-anbringelsesstatistik-2015. 2015, Udviklingen i børne- og 34 The report by Rigsrevisionen - the Danish ungdomskriminalitet 2006-2015, April national audit office, with the Public 2016. Accounts Committee’s remarks, is available 41 Ministry of Justice, Research Division, report (in Danish) at http://www.rigsrevisionen.dk/ on crime rates, age and trends in criminal media/2104317/sr2115.pdf. law decisions 2006-2015, Kriminalitet og 35 The Public Accounts Committee’s report is alder, Udviklingen i strafferetlige afgørelser available (in Danish) at http://www.ft.dk/ 2006-2015, September 2016. Statsrevisorerne/Nyheder/2016/08/~/ 42 The Government, the November 2016 media/Statsrevisorerne/2016/ Government coalition agreement, Beretning%2021%202015%20anbragte%20 Regeringsgrundlaget Marienborgaftalen boern.pdf.ashx. 2016 For et friere, rigere og mere trygt 36 The account is available (in Danish) Danmark: www.stm.dk/multimedia/ at http://www.rigsrevisionen.dk/ Regeringsgrundlag2016.pdf. media/2104381/21-2015-sim.pdf. 43 The Government, planned legislation for 37 Read the statement by the Ombudsman the 2016/17 Parliamentary year, Lovgivning, (in Danish) at http://www.ombudsmanden. Folketingsåret 2016/17, October 2016, page dk/find/nyheder/alle/anbragte_boern_ 18. mangler_handleplaner/. 44 Ministry of Finance, news article re. the 38 Act no. 619 of 8 June 2016 on adult 2016 public pool of funds agreement, responsibility for children and young people Aftale om satspuljen for 2016, available (in in care; Executive Order no. 1707 of 20 Danish) at: https://www.fm.dk/nyheder/ December 2016 on adult responsibility for pressemeddelelser/2015/11/aftale-om- children and young people in care; and satspuljen-for-2016. guidelines no. 10370 of 21 December 2016 45 See e.g. Ministry of Justice, news article re. on adult responsibility for children and youth crime, Færre unge bliver kriminelle, young people in care. Available in Danish 29 April 2016, available (in Danish) at: at https://www.retsinformation.dk/Forms/ http://www.justitsministeriet.dk/nyt-og- R0710.aspx?id=181626. presse/pressemeddelelser/2016/faerre- 39 The registration and reporting forms unge-bliver-kriminelle. are available (in Danish) here http:// 46 The UN Human Rights Committee, socialstyrelsen.dk/tvaergaende-omrader/ Concluding observations on the sixth magtanvendelse-born-og-unge-1/ periodic report of Denmark, CCPR/C/DNK/ registrering-og-indberetning. CO/6, available at: https://documents-dds-

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ny.un.org/doc/UNDOC/GEN/G16/180/52/ beskyttelses­forordning, 23 June 2016, PDF/G1618052.pdf?OpenElement. available (in Danish) at: www.data­ 47 Office of the UN High Commissioner for tilsynet.dk/fileadmin/user_upload/ Human Rights, Special Rapporteur on dokumenter/Notat/JM_s_arbejde_med_ the right to privacy, available at: www. databeskyttelsesforordningen.pdf. ohchr.org/EN/Issues/Privacy/SR/Pages/ 55 Parliamentary resolution of 25 October SRPrivacyIndex.aspx. 2016 on Denmark’s accession to the EU 48 Report of the Special Rapporteur on the Directive on the protection of natural right to privacy, Joseph A. Cannataci, A/ persons with regard to the processing of HRC/31/64, 8 March 2016. personal data by competent authorities 49 Danish Institute for Human Rights, news (Data Protection Directive). article about the UN Special Rapporteur 56 The proposal has been described e.g. to the right to privacy encouraging more by the Danish Bar and Law Society in debate about big data, FN-rapportør an appeal to the Minister for Justice opfordrer til mere debat om big data, 16 to postpone the revision of the rules, June 2016, available (in Danish) at: http:// Appel til Justitsministeren: Udsæt menneskeret.dk/nyheder/fn-rapportoer- revision af sessionslogningsregler, 11 opfordrer-mere-debat-big-data. February 2016, available (in Danish) at: 50 Judgment of the Court of Justice of the www.advokatsamfundet.dk/Service/ European Union (Grand Chamber) of 6 Nyheder/2016/Justitsminister%20 October 2015 in Case C362/14, Maximillian sessionslogning.aspx. Schrems v Data Protection Commissioner. 57 Act no. 640 of 8 June 2016 to amend 51 European Commission, the EU-US Privacy the Act to amend the Criminal Code, the Shield, 12 July 2016, available at: http:// Administration of Justice Act, the Act on ec.europa.eu/justice/data-protection/ competition and consumer matters in the international-transfers/eu-us-privacy- telemarket, the Arms Act, the Extradition shield/index_en.htm. Act and the Act on extradition of offenders 52 European Court of Justice Case T-670/16, to Finland, Iceland, Norway and Sweden Digital Rights Ireland v Commission. (Amendment of revision provision). 53 European Commission, Reform of EU 58 The Legal Affairs Committee 2015-16; REU data protection rules, last updated on Alm. Del, Annex 400, available (in Danish) 24 November 2016, available at: http:// at: www.ft.dk/samling/20151/almdel/reu/ ec.europa.eu/justice/data-protection/ bilag/400/1659984.pdf. reform/index_en.htm. 59 Judgement by the Court of Justice of the 54 Ministry of Justice, memorandum on European Union of 21 December 2016 in Ministry work on the EU General Data Joined Cases C-203/15 and C-698/15, Tele2 Protection Regulation, Justitsministeriets Sverige and Watson. arbejde med EU’s generelle data­

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60 November 2016 Government coalition Intelligence Service of information about agreement, Regeringsgrundlaget physical and legal persons, etc. Marienborgaftalen 2016 For et friere, rigere 68 Most recently in connection with the og mere trygt Danmark: http://stm.dk/ adoption of the Executive Order, see multimedia/Regeringsgrundlag2016.pdf. the Danish Institute for Human Rights’ 61 The Health and Senior Citizen’s Committee consultation response to the draft executive 2016-17, SUU Alm. Del, final reply to order, Høring over udkast til bekendtgørelse question 271, available (in Danish) at: www. om ændring af bekendtgørelse om Politiets ft.dk/samling/20161/almdel/suu/spm/271/ Efterretningstjenestes behandling af svar/1368861/1702447.pdf. oplysninger om fysiske og juridiske personer 62 Meeting at the Ministry of Justice on 18 m.v., available (in Danish) at: http:// November 2016. menneskeret.dk/sites/menneskeret.dk/ 63 Executive Order no. 1776 of 16 December files/11_november_16/hoeringssvar_til_ 2015 on police use of automatic number hoering_over_udkast_til_bekendtgoerelse_ plate recognition (ANPR). om_aendring_af_bekendtgoerelse_ 64 The Legal Affairs Committee 2015-16, REU om_politiets_efterretningstjenestes_ Alm. Del, Annex 103, available (in Danish) behandling_af_oplysninger_om_fysiske_og_ at: www.ft.dk/samling/20151/almdel/reu/ juridiske_personer_m.v.pdf. bilag/103/1582682.pdf. 69 The European Union Agency for 65  The Danish Data Protection Agency’s Fundamental Rights, Fundamental Rights decision in the case, Anbefalet brev Report 2016, May 2016, available at: afleveret til forkert modtager, journal no. http://fra.europa.eu/sites/default/files/ 2015-321-0307, 15 July 2016, available (in fra_uploads/fra-2016-fundamental-rights- Danish) at:www.datatilsynet.dk/afgoerelser/ report-2016-2_en.pdf. afgoerelsen/artikel/anbefalet-brev- 70 The national integration barometer, the afleveret-til-en-forkert-modtager/ Government’s target no. 5 for equal 66 Bill L 71 as adopted on 19 December 2016 treatment (in Danish): http://integrations­ for an Act to amend the Danish Security barometer.dk/integrationsbarometer_maal? and Intelligence Service Act (amending the origin=im&goal=5&kommunenr=0. Danish Security and Intelligence Service’s 71 The national integration barometer, the tasks with regard to serious crime, and the Government’s target no. 2 for education, Service’s obligation to delete information), Indicator 2.2 (in Danish): available (in Danish) at: www.ft.dk/RIpdf/ http://integrationsbarometer.dk/graph-view samling/20161/lovforslag/L71/20161_L71_ ?origin=im&goal=2&kommunenr=0. som_vedtaget.pdf. 72 Statistics Denmark, 2016 immigrant 67 Executive Order no. 1455 of 1 December statistics, Indvandrere i Danmark 2016, 2016 to amend the Executive Order on http://www.dst.dk/da/Statistik/ management by the Danish Security and Publikationer/VisPub?cid=20704.

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73 Danish Institute for Human Rights, survey 78 Journalisten, news article re. the statements on access to apprenticeships, Lige adgang about Roma by Copenhagen Police, til praktikpladser, 2016: Københavns Politi: Vi skulle ikke have http://menneskeret.dk/udgivelser/lige- nævnt deres etnicitet, 16 November 2016, adgang-praktikpladser. available (in Danish) at: http://journalisten. 74 The National Social Appeals Board, dk/koebenhavns-politi-vi-skulle-ikke-have- report on the scope of discrimination naevnt-deres-etnicitet. against immigrants, Omfanget af 79 The Danish Parliament 2016-17, final reply to forskelsbehandling af nydanskere, question S 210. 2015, available (in Danish) at: https:// 80 See the Ministry of Immigration and ast.dk/filer/ankestyrelsen-generelt/ Integration on the basic integration antidiskriminationsenheden/rapport-om- training programme (in Danish): http:// etnisk-diskrimination-pa-boligmarkedet.pdf. uim.dk/arbejdsomrader/Integration/ 75 The national integration barometer, integrationsgrunduddannelsen. the Government’s target no. 5 for 81 DR.dk, news article re. the tripartite equal treatment (in Danish):http:// agreement about better integration of integrationsbarometer.dk/ refugees, Regeringen indgår trepartsaftale integrationsbarometer_maal?origin=im&go om bedre integration af flygtninge, 17 March al=5&kommunenr=0. 2016; https://www.dr.dk/nyheder/politik/ 76 See e.g. Jyllands-Posten, news article about regeringen-indgaar-trepartsaftale-om- problems with Roma camps, Politiet er bedre-integration-af-flygtninge. magtesløst over for romalejre i gaderne, 5 82 The Ministry of Immigration and Integration, August 2016 available (in Danish) at: http:// national action plan for the prevention of jyllands-posten.dk/indland/ECE8898483/ honour-related conflicts and negative social politiet-er-magtesloest-over-for-romalejre- control: http://uim.dk/filer/nyheder-2016/ i-gaderne/ and the former Minister for national-handlingsplan-forebyggelse-af- Justice’s final reply to question S 1331 from aeresrelaterede-konflikter-og-negativ- the Danish Parliament 2015-16. social-kontrol.pdf. 77 Information, news article about statements 83 L 111 Bill to amend the Active Social Policy by the legal affairs spokesperson Act, the Integration Act and various other of Denmark’s Liberal Party, Kritik Acts, adopted by the Danish Parliament in af Venstres retsordfører for roma- connection with its third consultation round udtalelser, 30 December 2016, available on 17 March 2016. (in Danish) at: https://www.information. 84 The Ministry of Housing, press release dk/indland/2016/12/kritik-venstres- re. adoption of a ceiling on social retsordfoerer-roma-udtalelser. security benefits (in Danish):http:// bm.dk/da/Aktuelt/Pressemeddelelser/

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Arkiv/2016/03/Folketinget%20har%20 Member States of the European Union, vedtaget%20kontanthjaelpsloft.aspx. November 2016: http://fra.europa.eu/ 85 Danish Institute for Human Rights, news en/publication/2016/incitement-media- article re. mandatory health assessments content-and-political-discourse-member- of refugees, Obligatorisk sundhedstjek states-european-union. beskytter flygtninge, 5 May 2016 (in 91 November 2016 Government coalition Danish): http://menneskeret.dk/nyheder/ agreement, Regeringsgrundlaget debat-obligatorisk-sundhedstjek-beskytter- Marienborgaftalen 2016 For et friere, rigere flygtninge. og mere trygt Danmark, 27 November 2016. 86 The Danish Institute for Human Rights 92 The Danish Immigration Service, news on the UN UPR (in Danish):http:// article, www.nyidanmark.dk re. a change menneskeret.dk/fn-eksamen. in service goals, Ændrede servicemål, 2 87 The UN Human Rights Committee, February 2016. Concluding observations on the sixth 93 The Court of Justice of the European Union periodic report of Denmark, CCPR/C/ (CJEU), Case C-561/14, Genc, 12 April 2016. DNK/CO/6, points 33-34, available at: 94 Act no. 664 of 8 June 2016 amending the https://documents-dds-ny.un.org/doc/ Danish Aliens Act (Repeal of the two-year UNDOC/GEN/G16/180/52/PDF/G1618052. deadline in cases on family reunification pdf?OpenElement. with children). 88 The European Union Agency for 95 Bill no. 94 of 30 November 2016 on an Act Fundamental Rights, Second European to amend the Marriage and Dissolution Union Minorities and Discrimination Survey of Marriage Act, the Aliens Act and the (EU-MEDIS II) Roma – Selected findings, Guardianship Act (Abolition of the possibility November 2016, available at: http://fra. of exemption from age requirements in europa.eu/en/publication/2016/eumidis-ii- connection with marriage, recognition of roma-selected-findings. foreign marriages and increase in fee for 89 The European Union Agency for reviewing conditions of marriage). Fundamental Rights, Antisemitism – 96 For example, the National Council for Overview of data available in the European Children’s consultation response to the Union 2005-2015, December 2016, proposed Bill to amend the Marriage Act, available at: http://fra.europa.eu/en/ the Aliens Act and the Guardianship Act, publication/2016/antisemitism-overview- Høring over udkast til lov om ægteskabs data-available-european-union-2005-2015. indgåelse og opløsning, udlændingeloven 90 The European Union Agency for og værgemålsloven (afskaffelse af Fundamental Rights Incitement in dispensation fra alderskrav ved indgåelse af media content and political discourse in ægteskab m.v.), 3 October 2016.

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97 Act no. L 102 of 3 February 2016 amending 101 The Immigration and Integration the Aliens Act (Postponement of the right Committee 2016-16, UUI final reply to to family reunification for people with question 1007, 16 November 2016; the temporary protection status, tightening Danish Immigration Service’s guidelines rules on permanent residence permit, for accommodation re. minor asylum- tightening rules on withdrawal of residence seekers who are in a marriage with, or are a permit etc.). cohabitee of, persons residing at an asylum 98 For example, UNHCR, UNHCR centre, Retningslinjer for indkvartering Observations on the proposed af mindrearige asylansøgere, som har amendments to the Danish Aliens indgaet ægteskab eller er samlevende Legislation L 87: lov om ændring af med en person, som opholder sig i udlændingeloven (udskydelse af retten Danmark, 1 July 2016; and the Ministry til familiesammenføring for personer of Immigration and Integration’s med midlertidig beskyttelsesstatus, memo on how to interpret Denmark’s skærpelse af reglerne om tidsubegrænset international obligations in such cases, opholdstilladelse, skærpelse af Notat om fortolkningen af Danmarks reglerne om inddragelse af flygtninges internationale forpligtelser i sager om opholdstilladelse m.v.), 6 January 2016, Udlændingestyrelsens indkvartering af and the Danish Institute for Human mindreårige ægtefæller og samlevere på Rights’ consultation response to the same asylcentrene, 12 December 2016. legislative proposal, 6 January 2016, doc. 102 The Danish Parliamentary Ombudsman, no. 15/00408-2. news article re. the practice of separating 99 The Minister for Immigration, asylum-seeking couples, Ombudsmanden Integration and Housing, press release rejser spørgsmål om adskillelse af asylpar, re. the Minister’s stop to the practice 12 May 2016. of accommodating child brides at 103 The Danish Parliamentary asylum centres, Inger Støjberg stopper Ombudsman, draft statement on indkvartering af barnebrude på asylcentre, separate accommodation for minor 10 February 2016. married couples or cohabiting asylum 100 For example, the Danish Institute for seekers, Udkast til redegørelse, Adskilt Human Rights, news article re. the indkvartering af mindreårige gifte eller automatic separation of young asylum- samlevende asylansøgere:http://www. seeking couples, Unge asylpar bør ikke ombudsmanden.dk/find/nyheder/ adskilles automatisk, 30 March 2016 and alle/adskillelseafmindereaarige/ memo on the same issue Notat vedr. ombudsmandensudkasttilredegoerelse/ adskillelse af unge par på asylcentre, 22 (in Danish). March 2016.

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104 ECHR, Biao v. Denmark, ruling of 24 May 110 The UN Human Rights Committee, 2016, app. no. 38590/10. Concluding observations on the sixth 105 The Danish Immigration Service, news periodic report of Denmark, para. 35-36, 15 article re. changes to the attachment August 2016. requirement in family reunification cases, 111 The European Union Agency for Ændringer i tilknytningskravet i sager om Fundamental Rights, Fundamental Rights ægtefællesammenføring, 28 June 2016. Report 2016, Asylum and migration into 106 The Danish Institute for Human Rights the EU in 2015, May 2016. about the processing of specific cases 112 The European Union Agency for regarding family reunification following Fundamental Rights, www.fra.europe.eu, ruling by the ECHR Grand Chamber in the Regular overviews of migration-related Biao case, Om behandlingen af konkrete fundamental rights concerns. sager om ægtefællesammenføring efter 113 Justitia, analysis of the access of public EMD-storkammerets dom i Biao-sagen, 6 authorities to the private property of July 2016. individuals without a court order, Boligens 107 Bills of 22 March 217, accessible at ukrænkelighed – Offentlige myndigheders http://www.ft.dk/RIpdf/samling/20161/ adgang til privat ejendom uden lovforslag/L162/20161_L162_som_ retskendelse udvides fortsat, February fremsat.pdf and http://www.ft.dk/ 2016,: http://justitia-int.org/wp-content/ samling/20161/lovforslag/L163/index.htm uploads/2016/02/Analyse_Offentlige- 108 For example, the Danish Institute for myndigheders-adgang-til-privat- Human Rights’ consultation response ejendom-uden-retskendelse-udvides- to a proposed draft Bill to amend fortsat_29feb16.pdf. the Aliens Act (abolish the 26-year 114 See the annual report by the Minister rule in family reunification cases), for Justice on public authorities’ use Høring over udkast til forslag til lov of coercive measures for 2016.http:// om ændring af udlændingeloven www.ft.dk/samling/20151/almdel/reu/ (ophævelse af 26-årsreglen i bilag/247/1617538.pdf. ægtefællesammenføringssager), 11 115 Ibid. November 2016, and Danes Worldwide’s 116 Version2, news article re. municipal IT consultation response to the Ministry of system to catch fraudsters costing more Immigration, Integration and Housing to an money than it collects, Kommunalt it- Act to amend the Aliens Act, Consolidating system til at fange svindlere bruger Act no. 412 of 9 May 2016, 10 November flere penge end det kradser ind, 9 2016. August 2016: https://www.version2. 109 ECHR, Biao v. Denmark, ruling of 24 May dk/artikel/kommunal-digital-indsats- 2016, app. no. 38590/10. mod-socialt-bedrageri-mangler- gevinstrealisering-890926.

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117 The National Social Appeals Board’s 123 See more details in the ‘Investigatory report on the processing of appeals Powers of Public Authorities’ thematic cases from Udbetaling Danmark, report in Status 2015-16 from the Danish Redegørelse om behandling af klagesager Institute for Human Rights. fra Udbetaling Danmark 2015: https:// 124 TV 2, news article re. parliamentary ast.dk/publikationer/redegorelse-om- majority in favour of catching social behandling-af-klagesager-fra-udbetaling- fraudsters at airports, Flertal vil fange danmark-2015. sociale bedragere i lufthavne, 17 August 118 Rigsrevisionen - the Danish national 2016: http://nyheder.tv2.dk/politik/2016- audit office’s memo on statement on 08-17-flertal-vil-fange-sociale-bedragere-i- establishing Udbetaling Danmark, May lufthavne. 2016. http://www.rigsrevisionen.dk/ 125 The Legal Affairs Committee 2015- media/2104270/305-16.pdf, p. 8. 16; REU final reply to question 943, 119 The National Social Appeals Board’s available (in Danish) at: http://www.ft.dk/ report on the processing of appeals cases samling/20151/almdel/reu/spm/943/ from Udbetaling Danmark, Redegørelse svar/1354681/1682106.pdf. om behandling af klagesager fra 126 The Danish Prison and Probation Udbetaling Danmark 2015 : https:// Service, user survey 2015 – attitudes and ast.dk/publikationer/redegorelse-om- assessments among parents in prisons and behandling-af-klagesager-fra-udbetaling- detention centres, Brugerundersøgelsen danmark-2015. 2015 – Holdninger og vurderinger blandt 120 The Ombudsman, news article re. indsatte forældre i fængsler og arresthuse municipalities to pay back cash benefits – Samlet rapport, January 2016. as a consequence of administrative 127 Act no. 168 of 27 February 2016. errors, Kommuner må efterbetale 128 Act no. 169 of 27 February 2016. kontanthjælp som følge af formelle fejl, 129 Act no. 641 of 8 June 2016. 4 July 2016: http://www.ombudsmanden. 130 The Danish Prosecution Service, news dk/find/nyheder/alle/efterbetaling_af_ article re. a drop in the number of kontanthjaelp/. suspects remanded in custody, Færre 121 Agreement of 3 May 2016 on due process mistænkte bliver varetægtsfængslet, 25 plan II (Retssikkerhedspakke II): http:// November 2016. Available (in Danish) www.skm.dk/media/1350080/Aftaletekst_ at: www.anklagemyndigheden.dk/ retssikkerhedspakke-2.pdf. nyheder/Sider/faerre-mistaenkte-bliver- 122 Bill LF 28/2016-17 was adopted on varetaegtsfaengslet.aspx. 15 December 2016: http://www.ft.dk/ 131 The Research Division of the Danish samling/20161/lovforslag/L28/index.htm. Ministry of Justice on new sentences

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to psychiatric treatment in 2015, periodic report of Denmark, CCPR/C/ Nye foranstaltningsdomme i 2015, DNK/CO/6, points 35-36, available December 2015, available (in Danish) at: https://documents-dds-ny.un.org/ at: http://justitsministeriet.dk/sites/ doc/UNDOC/GEN/G16/180/52/PDF/ default/files/media/Arbejdsomraader/ G1618052.pdf?OpenElement. Forskning/Forskningsrapporter/2016/ 139 The UN Committee Against Torture, foranstaltningsdomme_2015.pdf. Concluding observations on the combined 132 The Legal Affairs Committee 2015-16, sixth and seventh periodic report of L 80 final reply to question 3, available Denmark, February 2016. (in Danish) at: http://www.ft.dk/ 140 The European Union Agency for samling/20151/lovforslag/l80/spm/3/ Fundamental Rights, Criminal detention svar/1294711/1592245.pdf. and alternatives: fundamental rights 133 The Danish Prison and Probation Service’s aspects in EU cross-border transfers, statistics for 2015 Statistik 2015. November 2016, available at: http://fra. 134 2016-figures were provided by telephone europa.eu/en/publication/2016/criminal- by the Danish Prison and Probation detention-and-alternatives-fundamental- Service. For more detailed information rights-aspects-eu-cross-border. about overcrowding in prisons, see chapter 141 Malene Damgaard, Tinne Steffensen and 5.2 of the ‘Deprivation of liberty’ thematic Steen Bengtsson, Everyday life and living report from the institute’s Status Report conditions for people with disabilities, 2014-15, available (in Danish) at: http:// the Danish National Centre for Social menneskeret.dk/sites/menneskeret.dk/ Research, SFI 13: 26 (30%). Marie Møller files/media/dokumenter/udgivelser/ Keldsen, Helle Sophie Houberg and Jan status/2014-15/delrapporter/ Høgelund, Disabilities and employment, frihedsberoevelse.pdf. the Danish National Centre for Social 135 The Danish Prison and Probation Service’s Research, SFI 13: 01 (17,6%). statistics for 2015 Statistik 2015. 142 The report is available (in Danish) 136 The Danish Prison and Probation Service’s at: http://sim.dk/media/8874/ statistics for 2015 Statistik 2015. socialpolitisk_redeg_relse_2016__social-_ 137 The UN Human Rights Council, Working og_indenrigsministeriet.pdf, visited on 21 Group on the Universal Periodic Review, December 2016. Draft report of the Working Group on the 143 The Danish National Centre for Social Universal Periodic Review, Denmark, 25 Research: Everyday life and living January 2016, A/HRC/WG.6/24/L.7. conditions for people with disabilities. 138 The UN Human Rights Committee, An analysis of the relationship between Concluding observations on the sixth everyday life, living together, vulnerability

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and type and degree of disability. 2013. dk/nyheder/staten-sagsoeges- The publication is available (in Danish) manglende-stemmeret. at: http://www.sfi.dk/publikationer/ 148 For general discussions about due process hverdagsliv-og-levevilkaar-for-mennesker- in municipalities, see for example (in med-funktionsnedsaettelse-3549/. Danish):http://www.altinget.dk/social/ 144 The lack of a prohibition was criticised in artikel/eksperter-retssikkerhed-paa- connection with the UN Universal Periodic socialomraadet-i-frit-fald?ref=newslett Review of Denmark in Geneva in January er&refid=19398&SNSubscribed=true&u 2016, see the UN Human Rights Council, tm_source=Nyhedsbrev&utm_medium=e- Draft Report of the Working Group on the mail&utm_campaign=social; the Minister Universal Periodic Review. Denmark, (A/ for Social Affairs and the Interior’s HRC/WG.6/24/L.7), of 25 January 2016, reply to a question about a proposal for points 5.26, 5.64, 5.5.66 and 5.76. improvements of regulations and practices 145 The Ministry of Children and Social that could lead to municipalities providing Affairs, news article stating that the the help persons with disabilities are Minister will prohibit discrimination on entitled to receive – available (in Danish) grounds of disability, Minister vil forbyde at: http://www.ft.dk/samling/20151/ diskrimination på grund af handicap, 9 almdel/sou/spm/72/svar/1286309/ February 2017, available (in Danish) at: index.htm; the Minister for Social Affairs http://socialministeriet.dk/nyheder/ and the Interior’s reply to a question about nyhedsarkiv/2017/feb/minister-vil- which initiatives the Minister will take forbyde-diskrimination-paa-grund-af- to ensure that the many municipalities handicap/. currently violating section 7(1) of the Public 146 The Danish Ministry of Health, report by Administration Act will comply with these the working group re. measures to prevent regulations in future – available (in Danish) violence in sheltered housing facilities, at: http://www.ft.dk/samling/20151/ Arbejdsgruppens afrapportering: Indsatser almdel/sou/spm/73/svar/1286314/index. til forebyggelse af vold på botilbud – 8 htm; the Minister for Social Affairs and the indsatsområder, August 2016, available (in Interior’s reply to a question about which Danish) at: http://www.sum.dk/Aktuelt/ initiatives the Minister will take to ensure Nyheder/Psykiatri/2016/September/~/ that the many municipalities currently media/Filer%20-%20Publikationer_i_ not fulfilling their obligation to help pdf/2016/Afrap-arbejdsgrp-8- citizens with rare disabilities to apply for indsatsomraader/Arbejdsgruppens- additional help will fulfil their obligation – afrapportering_botilbud.ashx. available (in Danish) at: http://www.ft.dk/ 147 See the Danish Institute for Human Rights samling/20151/almdel/sou/spm/74/ website (in Danish): http://menneskeret. svar/1286311/index.htm.

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149 Act no. 381 of 27 April 2016 to amend 155 The Danish Health Data Authority’s table of the Election of Danish Members to the annual indicators, baseline and milestone European Parliament Act and the Local – available (in Danish) at:http://esundhed. and Regional Elections Act (Voting right dk/sundhedsaktivitet/tip/Sider/tip03.aspx. to persons under guardianship who do not See also the Danish Health Authority on have the legal capacity to act). monitoring force in psychiatric treatment 150 Bill no. L 9 the Danish Parliament 2016- – statement for 1 January - 31 December 17. Presented on 5 October 2016 by the 2015, Monitorering af tvang i psykiatrien Minister for Social Affairs and the Interior – opgørelse for perioden 1. januar – 31. (Karen Ellemann). december 2015 (2016) – available (in 151 The Danish Health Data Authority’s table of Danish) at: http://sundhedsstyrelsen.dk/ annual indicators, baseline and milestone da/nyheder/2016/~/media/060750678D0 – available (in Danish) at:http://esundhed. 64629A6C53DEE15634E1C.ashx. dk/sundhedsaktivitet/tip/Sider/tip03.aspx. 156 L 113 Bill for an Act to amend the Active 152 The Agency for Digitisation, A stronger Social Policy Act, the Individual Housing and more secure digital Denmark. The Support Act, the Integration Act and Digital Strategy 2016-2020. May 2016. The various other Acts. report is available at: https://www.digst. 157 Sub-agreement on implementation dk/Servicemenu/English/Policy-and- of public pool of funds for 2017-2020: Strategy/Digital-Strategy-2016to2020.. action plan to prevent violence in 153 The Ministry of Children and Social sheltered housing facilities, Delaftale Affairs, news article stating that Minister om udmøntning af satspuljen for 2017- will prohibit discrimination on grounds 2020: Handlingsplan til forebyggelse af of disability, Minister vil forbyde vold på botilbud , available (in Danish) diskrimination på grund af handicap, 9 at: http://sum.dk/Aktuelt/Nyheder/ February 2017, available (in Danish) at: Psykiatri/2016/Oktober/~/media/ http://socialministeriet.dk/nyheder/ Filer%20-%20dokumenter/2016/ nyhedsarkiv/2017/feb/minister-vil- Aftale-om-forebyggelse-af-vold-paa- forbyde-diskrimination-paa-grund-af- botilbud/Aftaletekst-om-handlingsplan- handicap/. for-forebyggelse-af-vold-paa- 154 The Danish Health Authority on the botilbud-15102016.ashx. monitoring of force in psychiatric 158 World Economic Forum’s Gender Index treatment, Monitorering af tvang i 2016:https://www.weforum.org/reports/ psykiatrien July 2015 – June 2016, the-global-gender-gap-report-2016. available (in Danish) at: https://www.sst. 159 Magisterbladet, news article re. Denmark dk/da/udgivelser/2016/monitorering-af- falling behind its Nordic neighbours in tvang-i-psykiatrien-juli-2015-juni-2016. equality, Danmark halter bagefter nordiske

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naboer i ligestilling, 2016, http://magis- 2016, http://politiken.dk/indland/ terbladet.dk/news/2016/oktober/http:// article5621378.ece. magisterbladet.dk/news/2016/oktober/ 166 Special Eurobarometer 449, survey danmarkhalterbagefternordiskenaboer- requested by the European Commission, iligestilling. Directorate-General for Justice and 160 Berlingske, newspaper article re. critique of Consumers and co-ordinated by the DR (Danish Broadcasting Corporation) for Directorate-General for Communication, ‘disgusting’ Pernille Blume video, DR får available at: http://ec.europa.eu/ kritik for »ulækker« Pernille Blume-video, COMMFrontOffice/publicopinion/index. 2016, http://www.b.dk/nationalt/dr-faar- cfm/Survey/getSurveyDetail/instruments/ kritik-for-ulaekker-pernille-blume-video. SPECIAL/surveyKy/2115. 161 Politiken, news article re. the role of 167 The Danish Ministry of Education, gender in Danish politics, Thorning: Køn news article re. the Minister for Gender fylder for meget i dansk politik, 2016, Equality’s meeting with unions on http://politiken.dk/indland/politik/ paternity leave, Ligestillingsminister article5607120.ece mødes med de faglige organisationer 162 DR (Danish Broadcasting Corporation), om fædres orlov, 17 August 2016, http:// Ung, nøgen og udstillet (young, naked www.uvm.dk/Aktuelt/~/UVM-DK/ and exposed), 2016, https://www.dr.dk/ Content/News/Ligestilling/2016/160817- presse/ung-noegen-og-udstillet Ligestillingsminister-moedes-med-de- 163 The Danish Parliament 2015-16, open faglige-organisationer-om-faedres-orlov. consultation about publication of offensive 168 Berlingske Business, news article re. photos, 11 October 2016, available (in campaign to encourage more men to Danish) at: http://www.ft.dk/Folketinget/ take paternity leave, Kampagne skal få udvalg_delegationer_kommissioner/ flere mænd til at tage forældreorlov, Udvalg/Retsudvalget/Nyheder/2016/09/ 2016, http://www.business.dk/karriere/ Abent%20samrad%20om%20 kampagne-skal-faa-flere-maend-til-at- kraenkende%20billeder.aspx. tage-foraeldreorlov. 164 DR.dk, Unge deler nøgenbilleder som 169 Act no. 635 of 8 June 2016 amending aldrig før (young people share nude the Danish Criminal Code (Increased photos like never before): http://www. sentences for rape and sexual intercourse dr.dk/nyheder/indland/unge-deler- with a child under 15 through use of noegenbilleder-som-aldrig-foer. physical or psychological superiority). 165 Politiken, news article re. how the police 170 The Danish Parliament 2015-16, the feels powerless in revenge porn cases, Health and Senior Citizen’s Committee’s Politiet giver op i sager om hævnporno, report on a proposal for parliamentary

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resolution to remove transsexuality from www.kriminalforsorgen.dk/Årlige- list of diseases, proposal for parliamentary statistikberetninger-7541.aspx. resolution B7, Beretning over Forslag 175 The Bill as it was presented is available til folketingsbeslutning om fjernelse (in Danish) at: http://www.ft.dk/ af transseksualisme fra sygdomsliste, samling/20161/lovforslag/l105/index. Beslutningsforslag B7, 26 May 2016, htm. available (in Danish) at: http://www.ft.dk/ 176 The Danish National Police on police samling/20151/beslutningsforslag/b7/ use of force in 2015, Politiets brug bilag/10/1641104/index.htm. af magtmidler 2015, November 171 DR.dk, news article re. the fact that the 2016: https://www.politi.dk/NR/ police is too busy to investigate illegal rdonlyres/98885045-2549-4946-9588- sharing of nude photos, Politiet har FED419C8777F/0/Magtmidler2015.pdf. ikke tid til at efterforske ulovlig deling See the Danish Institute for Human Rights’ af nøgenbilleder, 2016, https://www. report on the use of pepper spray by dr.dk/nyheder/indland/politiet-har- Danish police, Brug af peberspray i dansk ikke-tid-til-efterforske-ulovlig-deling- politi, 2015, for more information about af-noegenbilleder. See also the Danish this topic. Parliament 2015-16, open consultation 177 Justitia, analysis of police intervention about publication of offensive photos, in freedom of expression and 11 October 2016,http://www.ft.dk/ assembly, Politiets indgreb i ytrings- og Folketinget/udvalg_delegationer_ forsamlingsfriheden, 29 January 2016: kommissioner/Udvalg/Retsudvalget/ http://justitia-int.org/ny-analyse-politiets- Nyheder/2016/09/Abent%20samrad%20 indgreb-i-ytrings-og-forsamlingsfriheden/. om%20kraenkende%20billeder.aspx. 178 The Legal Affairs Committee 2015-16; 172 World Economic Forum’s Gender Index REU final reply to question 240,http:// 2016: https://www.weforum.org/reports/ www.ft.dk/samling/20151/almdel/reu/ the-global-gender-gap-report-2016. spm/240/svar/1303949/1606917/index. 173 The Danish Institute for Human Rights’ htm. report on the use of pepper spray in 179 The Legal Affairs Committee 2015-16; Danish prisons and detention centres, REU final reply to question 505, http:// Brug af peberspray i danske fængsler og www.ft.dk/samling/20151/almdel/REU/ arresthuse, 2014, p. 40 and the ‘Use of spm/505/index.htm. force’ thematic report from the institute’s 180 See the Director of Public Prosecutions’ Status Report 2015-16, p. 17. statistics of interventions in the 174 The Danish Prison and Probation secrecy of communications and Service’s statistics for 2015, Statistik searches in 2015, Statistik over indgreb 2015, September 2016:http:// i meddelelseshemmeligheden og

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ransagninger i 2015: http://www. 2015, September 2016 (in Danish):http:// anklagemyndigheden.dk/nyheder/ www.kriminalforsorgen.dk/Årlige- Documents/statistik-over-indgreb- statistikberetninger-7541.aspx. i-meddelelseshemmeligheden-og- 188 See, for example, consultation response ransagninger-i-2015.pdf. from the institute of 28 September 2016 181 The Danish Tibet Commission (in Danish): http://menneskeret.dk/sites/ website, questioning schedule: http:// menneskeret.dk/files/09_september_16/ tibetkommissionen.dk/node/31. hoeringssvar_til_udkast_til_lovforslag_ 182 The Danish Tibet Commission website om_aendring_af_lov_om_forbud_mod_ on the Commission’s terms of reference: besoegende_i_bestemte_lokaler.pdf. http://tibetkommissionen.dk/node/29. 189 The Danish National Police, National 183 The Independent Police Complaints Crime Prevention Centre (NFC) on hate Authority on incoming cases, crime in 2015, Hadforbrydelser i 2015. Indkomne sager: http://www. Rigspolitiets årsrapport vedrørende politiklagemyndigheden.dk/udgivelser- hadforbrydelser, June 2016, pp. 11-13. og-tal/indkomne-sager. Available (in Danish) at: https://www.politi. 184 The Independent Police Complaints dk/NR/rdonlyres/C452577B-1EFE-4C73- Authority on incoming cases, 8207-62B05E3E783E/0/Årsrapport_ Indkomne sager: http://www. hadforbrydelser_2015.pdf. politiklagemyndigheden.dk/udgivelser- 190 The Danish Ministry of Ecclesiastical og-tal/indkomne-sager. Affairs, agreement between the 185 Act no. 1722 of 27 December 2016 Government, the Social Democrats, amending the prohibition against visitors the Danish People’s Party and the in certain rooms Act and the police activity Conservatives on initiatives aimed at Act (initiatives against hash dealing etc. religious preachers who seek to undermine and police use of pepper spray). Danish laws and values and who support 186 The Danish Prosecution Service, news parallel conceptions of law, Aftale mellem article re. a requirement for GPS regeringen og Socialdemokraterne, surveillance to be stated in police reports, Dansk Folkeparti og Det Konservative Nu skal GPS-overvågning fremgå af Folkeparti om initiativer rettet mod politirapporten, 6 October 2016: http:// religiøse forkyndere, som søger at www.anklagemyndigheden.dk/nyheder/ undergrave danske love og værdier og Sider/nu-skal-gps-observation-fremgaa- understøtte parallelle retsopfattelser, 31 af-politirapporten.aspx. May 2016. Available (in Danish) at: http:// 187 The Danish Prison and Probation www.km.dk/fileadmin/share/kursus/ Service’s statistics for 2015, Statistik Aftalepapir.pdf.

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191 Amended terms of reference for a 198 Consultation response from the Danish pre-legislative committee regarding Institute for Human Rights regarding the coherent regulation of the conditions individual Bills implementing the political for religious communities other than agreement is available (in Danish) at: the Evangelical Lutheran Church http://menneskeret.dk/monitorering/ in Denmark (Ecclesiastical Affairs hoeringssvar. Committee). Section 2. Available (in 199 The UN Human Rights Council, Working Danish) at: http://www.km.dk/fileadmin/ Group on the Universal Periodic Review, share/kursus/Kommissorium_for_ Draft report of the Working Group on the Trossamfundsudvalget.doc. Universal Periodic Review, Denmark, 25 192 Act no. 1570 of 15 December 2015 January 2016, A/HRC/WG.6/24/L.7. amending the Board of Equal Treatment 200 Preliminary findings of Country Visit to Act (introduction of requirements for Denmark by Heiner Bielefeldt Special legitimate interest, decisions by the Rapporteur on freedom of religion or chairman of the board and the possibility belief. Available at: http://www.ohchr.org/ that the Danish Institute for Human Rights EN/NewsEvents/Pages/DisplayNews. can bring cases before the Board of Equal aspx?NewsID=18500&LangID=E. Treatment, etc.). 201 Report of the Special Rapporteur on 193 The Bill as adopted is available (in freedom of religion and belief on his Danish) at: http://www.ft.dk/RIpdf/ mission to Denmark. Human Rights samling/20161/lovforslag/L30/20161_ Council Thirty-fourth session, 27 February L30_som_vedtaget.pdf. – 24 March 2017, Agenda item 3. Available 194 The Bill as adopted is available (in at: http://ap.ohchr.org/documents/ Danish) at: http://www.ft.dk/RIpdf/ dpage_e.aspx?si=A/HRC/34/50/Add.1. samling/20161/lovforslag/L18/20161_L18_ 202 The European Union Agency for som_vedtaget.pdf. Fundamental Rights, Antisemitism 195 The Bill as adopted is available (in – Overview of data available in the Danish) at: http://www.ft.dk/RIpdf/ European Union 2005-2015, December samling/20161/lovforslag/L13/20161_L13_ 2016, available at: http://fra.europa. som_vedtaget.pdf. eu/en/publication/2016/antisemitism- 196 The Bill as adopted is available (in overview-data-available-european- Danish) at: http://www.ft.dk/RIpdf/ union-2005-2015. samling/20161/lovforslag/L48/20161_ 203 The European Union Agency for L48_som_vedtaget.pdf. Fundamental Rights Incitement in 197 The Bill as it was presented is available media content and political discourse in (in Danish) at: http://www.ft.dk/ Member States of the European Union, samling/20161/lovforslag/l50/index.htm. November 2016: http://fra.europa.eu/

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en/publication/2016/incitement-media- 1 September 2016: http://www.domstol. content-and-political-discourse-member- dk/om/Nyheder/oevrigenyheder/Pages/ states-european-union. Hvordanfastholderdomstolenedan- 204 The UN International Covenant on Civil and skernestillid.aspx. Political Rights (particularly article 14), the 208 Courts of Denmark annual report European Convention on Human Rights 2015 Available (in Danish) at: https:// (particularly articles 6, 7, and 13), the www.domstol.dk/om/publikationer/ African Charter on Human and People’s Publikationer/aarsrapport_2015_pdfa.pdf. Rights (particularly articles 3, 7 and 26) 209 Court Administration, statistics for criminal and the American Convention on Human cases – 1st half-year 2016 (in Danish): Rights (particularly articles 8, 9 and 25). http://www.domstol.dk/om/talogfakta/ 205 The ECHR and ICCPR use the term statistik/Documents/Straffesager/2016/ ‘charge’, which in a Danish context in Byretter%20-%20Straffesager%20-%20 criminal cases includes having been modtagne%20og%20afsluttede%20 charged as a suspect by the police (which alm.%20straffesager%20-%201%20 means the person must be under strong hlv%202016.pdf. suspicion) and having been charged by 210 The Court Administration, statistics the prosecution services (which means the for civil cases – 1st half-year 2016 (in person is the defendant in a criminal case), Danish): http://www.domstol.dk/om/ see Peer Lorenzen, Jonas Christoffersen, talogfakta/statistik/Documents/Civile%20 Nina Holst-Christensen, Peter Vedel sager/2016/Byretter%20-%20Civile%20 Kessing, Sten Schaumburg-Müller and sager%20-%20modtagne%20og%20 Jens Vedsted-Hansen, Den Europæiske afsluttede%20sager%20-%201%20 Menneskerettighedskonvention med hlv%202016.pdf. kommentarer, 3rd edition, Jurist- og 211 The Court Administration, Courts of Økonomforbundets Forlag, 2011, p. 549, Denmark annual report 2015, available and Manfred Nowak, U.N. Covenant on (in Danish) at: www.domstol.dk/ Civil and Political Rights, 2nd edition, N.P. om/publikationer/Publikationer/ Engel, 2005, p. 318. aarsrapport_2015_pdfa.pdf. 206 The report available in Danish at: http:// 212 Briefing from the Ministry of Justice justitsministeriet.dk/sites/default/files/ to the Danish Parliament Legal Affairs media/Arbejdsomraader/Forskning/ Committee on case-processing times Forskningsrapporter/2014/ESS%20 in cases of assault and rape and cases rapport%202014.pdf. of illegal possession of weapons in 207 Courts of Denmark, news article, Hvordan public places in 2015, Legal Affairs fastholder domstolene danskernes tillid?, Committee 2015-16 REU Alm.del, Annex

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221. Available (in Danish) at: http:// Danish) at: https://menneskeret.dk/ www.ft.dk/samling/20151/almdel/reu/ monitorering/hoeringssvar. bilag/221/1610331.pdf. 220 ECHR, Jensen v. Denmark, decision of 13 213 Briefing from the Ministry of Justice December 2016, app.no.: 8693/11, premise to the Danish Parliament Legal Affairs 39. Committee on case-processing times 221 Courts of Denmark, newsletter, Danmarks in cases of assault and rape and cases Domstole blandt de hurtigste i Europa, of illegal possession of weapons in 6 October 2016, available (in Danish) at: public places in 2015, Legal Affairs http://www.domstol.dk/om/Nyheder/ Committee 2015-16 REU Alm.del, Annex oevrigenyheder/Pages/DanmarksDom- 221. Available (in Danish) at: http:// stoleblandtdehurtigsteiEuropa.aspx and www.ft.dk/samling/20151/almdel/reu/ Council of Europe, European Commission bilag/221/1610331.pdf. for the Efficiency of Justice, European 214 Act no. 203 of 28 February 2017 to judicial systems -Efficiency and quality of amend the Administration of Justice justice, CEPEJ STUDIES No. 23: http:// Act, the Enforcement of Penalties etc. www.coe.int/t/dghl/cooperation/cepej/ Act and the Electronic Communication evaluation/2016/publication/CEPEJ%20 Network and Services Act. (Judgement Study%2023%20report%20EN%20web. by default, enforcement and use of digital pdf. communication in criminal cases etc.). 222 The European Union Agency for 215 The Legal Affairs Committee, REU Alm. Fundamental Rights, Rights of suspected del 2016-17, annex 124. and accused persons across the EU: 216 Act no. 167 of 27 February 2016 to amend translation, interpretation and information, the Administration of Justice Act (Video- 2016, available at: http://fra.europa.eu/ recorded interviews of children and young sites/default/files/fra_uploads/fra-2016- people in criminal cases). right-to-information-translation_en.pdf. 217 The Ministry of Justice, news article re. the 223 For a more detailed description of the Justice for victims proposal, Nyt udspil fra issue, see the ‘Right to housing’ thematic justitsministeren: ”Retfærdighed for ofre, report from the Danish Institute for Human 18 December 2016. Available (in Danish) at: Rights’ Status Report 2015-16. www.justitsministeriet.dk/nyt-og-presse/ 224 The Danish National Centre for Social pressemeddelelser/2016/nyt-udspil-fra- Research publication re. homelessness in justitsministeren-retfaerdighed-ofre. 2015 in Denmark, Hjemløshed i Danmark 218 Ibid. 2015 – National kortlægning, 15:35, 2015, 219 Consultation response from the institute pp. 95-102. dated 11 November 2016, available (in 225 The Government (former Liberal

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Government), initiative for how to deal 229 Court Administration’s statistics on bailiff with the immigrant situation, Et stærkere cases, tenant cases - eviction cases Danmark – styr på flygtningesituationen, for private housing in the period 2010- 30 August 2016, available (in Danish) 2015, available (in Danish) at: https:// at: http://uim.dk/filer/nyheder-2016/ www.domstol.dk/om/talogfakta/ udlaendingeudspil-44-initiativer.pdf. statistik/Documents/Fogedsager/2015/ 226 The Danish Institute for Human Rights’ Hel%C3%A5r/Fogedsager%202010- consultation response to a legislative 2015%20-%20Byretterne%20-%20 amendment of the Public Order and uds%C3%A6ttelsessager%20af%20 Security Executive Order, Høring privat%20bolig.pdf. over udkast til bekendtgørelse om 230 The Government and Local Government ændring af ordensbekendtgørelsen, Denmark, Bedre rammer for at modtage 19 December 2016, available (in og integrere flygtninge, (Better framework Danish) at: http://menneskeret.dk/ for receiving and integrating refugees), 18 hoeringssvar/bekendtgoerelse-aendring- March 2016, the agreement is available (in ordensbekendtgoerelsen. Danish) at: http://sim.dk/media/1044976/ 227 Agreement between the Government aftaletekst_bedre_rammer_for_at_ (Denmark’s Liberal Party), the Social modtage_og_integrere_flygtninge__2_.pdf. Democratic Party, the Danish People’s 231 Decisions of principle by the National Party, the Liberal Alliance, Alternativet, the Social Appeals Board 2-16 and 40-16 Danish Social-Liberal Party, the Socialist available (in Danish) at: https://www. People’s Party and the Conservatives retsinformation.dk/Forms/R0710. on revising the adult provisions in the aspx?id=177640 and https://www. Social Services Act, 4 November 2016, retsinformation.dk/Forms/R0710. available (in Danish) at: http://sim.dk/ aspx?id=183555. media/18169/endelig-aftale-om-revision- 232 See Act no. 1705 of 21 December 2015 af-servicelovens-voksenbestemmelser.pdf. amending the Integration Act and the 228 The Government, the November 2016 Planning Act (temporary accommodation Government coalition agreement, for refugees) and Act no. 665 of 8 June Regeringsgrundlaget Marienborgaftalen 2016 amending the Integration Act and 2016 For et friere, rigere og mere trygt various other Acts (better frameworks for Danmark, p. 65, available (in Danish) at: receiving and integrating refugees and http://statsministeriet.dk/publikationer/ stronger business-oriented integration For_et%20friere,_rigere_og_mere_trygt_ programme etc.). Danmark/Regeringsgrundlag2016.pdf.

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233 Act no. 296 of 22 March 2016 amending 241 The report is available (in Danish) at: the Active Social Policy Act, the on http://uibm.dk/nyheder/2016-07/resultat- Individual Housing Support Act, the af-indfodsretsprove. Integration Act and various other Acts 242 The results are available (in Danish) at: (Ceiling on social security benefits, http://uim.dk/nyheder/2016/2016-12/ 225-hour rule, holidays for recipients of resultat-af-indfodsretsproven. education benefits and social security 243 Bill L 12 Danish Parliament 2016-17, Bill to benefits, etc.). amend the Danish Nationality Act. 234 Act no. 300 of 22 March 2016 amending 244 See Act no. 1562 of 13 December 2016. the Active Social Policy Act, the Integration 245 ECHR, Nazari v. Denmark, decision of 13 Act and various other Acts (Expansion of October 2016, app.no.: 64372/11. the group of persons to receive integration 246 See for example the UN Human Right benefits etc.). Education and Training: http://www.ohchr. 235 Danish Parliament 2015-16, L 113, annex org/EN/Issues/Education/Training/ 1, available (in Danish) at: http://www. Pages/HREducationTrainingIndex.aspx ft.dk/samling/20151/lovforslag/l113/ and Council of Europe Charter on Human bilag/1/1595318.pdf. Rights Education and Education for 236 Circular no. 10873 of 13 October 2015 Democratic Citizenship: http://www.coe. entered into force on 15 October 2015 and int/en/web/edc/charter-on-education-for- in principle it applies for all applications for democratic-citizenship-and-human-rights- naturalisation, irrespective of the date of education. submission of the application. 247 Disabled Peoples Organisation Denmark’s 237 Act no. 102 of 3 February 2016. inclusion survey, April 2016. Available 238 See the agreement of the Finance (in Danish) at http://www.handicap. Act, p. 14, available (in Danish) dk/nyheder/nyhedsarkiv/elever-med- at https://www.fm.dk/nyheder/ handicap-foeler-sig-udenfor/. For further pressemeddelelser/2016/11/aftale-om- information see the Ministry of Education’s finanslov-2017-et-trygt-danmark-med- Status report for municipal primary and bedre-velfaerd. lower secondary school development 239 Act no. 534 of 29 April 2015. 2015/2016. The report is available (in 240 The 2015 citizenship test was established Danish) at: https://www.uvm.dk/Service/ following adoption of Act no. 1873 of 29 Publikationer. December 2015 on the 2015 citizenship 248 Act no. 614 of 8 June 2016 on municipal test. provision of basic school instruction for certain foreign children and young people.

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249 The Danish Parliamentary Ombudsman, at: http://justitsministeriet.dk/sites/ news article, Folkeskoler glemmer default/files/media/Pressemeddelelser/ elevers rettigheder i alvorlige sager, 2016, pdf/2014/Faktaark%20om%20ny%20 available (in Danish) at: http://www. politiuddannelse.pdf. ombudsmanden.dk/find/nyheder/alle/ 256 Read more about the police cadet folkeskoler_glemmer_elevers_rettigheder/ education programme here (in Danish and Folketingets Ombudsmands only): https://www.politi.dk/da/ beretning 2015, Når skolen skal klare ompolitiet/jobipolitiet/bliv_politikadet/. paragrafferne, pages 42-47, available 257 The UN Human Rights Council, Working (in Danish) at: http://beretning2015. Group on the Universal Periodic Review, ombudsmanden.dk/do_download/. Draft report of the Working Group on the 250 Act no. 1716 of 27 December 2016 on Universal Periodic Review, Denmark, 25 upper secondary education programmes. January 2016, A/HRC/WG.6/24/L.7. 251 Act no. 1716 of 27 December 2016 on 258 The UN Human Rights Council, Working upper secondary education programmes. Group on the Universal Periodic Review, http://www.ft.dk/samling/20161/ Draft report of the Working Group on the lovforslag/l58/tidsplan.htm. Universal Periodic Review, Denmark, 25 252 Bill to amend the Pupil and Students January 2016, A/HRC/WG.6/24/L.7. Teaching Environment Act and the 259 Secondary schools include both the Municipal Primary and Lower Secondary final years of lower secondary and upper School Act (requirement for an anti- secondary level education http://eng. bullying strategy, action plan with regard uvm.dk/Education/Upper-Secondary- to issues with the psychological teaching Education/Four-Upper-Secondary- environment, the establishment of an Education-Programmes-in-Denmark. complaints body, inspection, reinstatement 260 The UN Human Rights Council, Working of municipal council processing of Group on the Universal Periodic Review, decisions by headmasters, etc.). Draft report of the Working Group on the 253 Act no. 614 of 8 June 2016 on municipal Universal Periodic Review, Denmark, 25 provision of basic school instruction for January 2016, A/HRC/WG.6/24/L.7. certain foreign children and young people. 261 K. Helland Strandby, C. Decara 254 Executive Order no. 1053 of 29 June and L. Emilie Dam, Undervisning 2016 on teaching of Danish as a second i Menneskerettigheder på language at municipal primary and lower Socialrådgiveruddannelsen (2016) and secondary schools. Undervisning i Menneskerettigheder på 255 Ministry of Justice, Finance Division, Pædagoguddannelsen (2016) C. Decara Fact sheet: Fremtidssikring af and L. Timm Menneskerettigheder på politiuddannelsen, available (in Danish) Skoleskemaet 2013.

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262 The decision was published in Ugeskift for March 2016, available at: http://fra.europa. Retsvæsen, U2016.2883 H. eu/en/publication/2016/severe-labour- 263 ECHR, Salem v. Denmark, decision of 1 exploitation-workers-moving-within-or- December 2016, app.no.: 77036/11. european-union-summary. 264 ECHR, Salem v. Denmark, decision of 1 270 The Government, the November 2016 December 2016, app.no.: 77036/11. Government coalition agreement, 265 Read more about the different estimates Regeringsgrundlaget Marienborgaftalen and references in the institute’s 2016 For et friere, rigere og mere trygt report Uregistrerede migranters Danmark, 27 November, p. 46. sundhedsrettigheder, p.19, available in 271 The manual can be found here (in Danish): Danish at: http://menneskeret.dk/sites/ http://www2.forsvaret.dk/nyheder/intops/ menneskeret.dk/files/media/dokumenter/ Documents/Milit%C3%A6rmanualen%20 udgivelser/ligebehandling_2016/ version%201.2%20af%20SEPT%202016. migranter_2016.pdf. pdf. 266 The Health and Senior Citizen’s 272 The terms of reference for the Committee 2015-16, SUU Alm. del final investigation can be found here (in Danish reply to question 722. only): http://www.justitsministeriet.dk/ 267 See e.g. Jyllands-Posten, Politiet er nyt-og-presse/pressemeddelelser/2016/ magtesløst over for romalejre i gaderne, uvildig-udredning-af-dansk-militaert- 5 August 2016. available (in Danish) engagement. at: http://jyllands-posten.dk/indland/ 273 L 18 Bill to amend the Criminal Code. (The ECE8898483/politiet-er-magtesloest- criminalisation of expressing approval over-for-romalejre-i-gaderne/ and Ekstra of certain criminal acts in the context of Bladet, Magtesløst politi: Kan intet religious teaching), adopted 13 December stille op over for romalejre, 6 August 2016 (in Danish): http://www.ft.dk/RIpdf/ 2016, available (in Danish) at: http:// samling/20161/lovforslag/L18/20161_L18_ ekstrabladet.dk/112/magtesloest- som_vedtaget.pdf. politi-kan-intet-stille-op-over-for- 274 See the consultation response from the romalejre/6225885. Danish Institute for Human Rights, 11 July 268 See the consultation response from 2016, wherein the institute has several the institute dated 19 December 2016, comments and recommendations for the available (in Danish only) at: http:// Bill (in Danish): http://menneskeret.dk/ menneskeret.dk/hoeringssvar/ sites/menneskeret.dk/files/08_august_16/ bekendtgoerelse-aendring- hoeringssvar_til_udkast_til_lovforslag_om_ ordensbekendtgoerelsen. aendring_af_straffel_.pdf. 269 FRA, Severe labour exploitation: workers 275 L 48 Bill to amend the Aliens Act (the moving within or into the European Union, introduction of a public sanction list of

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foreign religious preachers, etc., who may politiklagemyndigheden.dk/nyheder/ be denied entry into Denmark), adopted 19 pressemeddelelser-nyheder/2016/10/ December 2016 (in Danish): http://www. politiklagemyndigheden-sigter-to- ft.dk/RIpdf/samling/20161/lovforslag/ politiledere-i-tibet-sagen. L48/20161_L48_som_vedtaget.pdf. 280 http://tibetkommissionen.dk/node/31 276 See the consultation response from 281 Statement by the Ombudsman, 28 the Danish Institute for Human June 2016 (in Danish): http://www. Rights, 1 November 2016, wherein ombudsmanden.dk/find/udtalelser/ the institute has several comments beretningssager/alle_bsager/2016-31/pdf1 and recommendations for the Bill (in 282 The case was heard by the 22nd division Danish): http://menneskeret.dk/sites/ of the High Court of Eastern Denmark menneskeret.dk/files/11_november_16/ under case number S-892-16 (in Danish): H%C3%B8ringssvar%20over%20 https://www.domstol.dk/oestrelandsret/ udkast%20til%20forslag%20til%20 nyheder/domsresumeer/Pages/ lov%20om%20%C3%A6ndring%20 Frifindendedomiensagomracisme.aspx. af%20udl%C3%A6ndingeloven%20 283 Committee report no. 1553 on the freedom %28Indf%C3%B8relse%20af%20en%20 of expression and right to inform for public offentlig%20sanktionsliste%20over%20 employees, available at (in Danish): http:// udenlandske%20religi%C3%B8se%20 justitsministeriet.dk/sites/default/files/ forkynder%20m.fl..pdf. media/Pressemeddelelser/pdf/2015/ 277 The Government, November 2016 Betaenkning%20om%20off%20an%20 Government coalition agreement, ytrin%20whistleblower.pdf. Regeringsgrundlaget Marienborgaftalen 284 Ministry of Justice, guideline on the 2016 For et friere, rigere og mere trygt freedom of expression for public Danmark, p. 81 (in Danish): http://stm. employees, October 2016 (in Danish): dk/_a_1619.html. http://www.justitsministeriet.dk/sites/ 278 The Ombudsman, news article, default/files/media/Pressemeddelelser/ Ministerbetjeningsregel har ført til pdf/2016/vejledning_om_offentligt_ væsentlige indskrænkninger i retten til ansattes_ytringsfrihed.pdf. aktindsigt, 6 October 2016 (in Danish): 285 The Ministry of Justice, news article re. http://www.ombudsmanden.dk/find/ guidelines on the freedom of expression of nyheder/alle/ministerbetjeningsregel_ public employees, Vejledning om offentligt har_fort_til_indskraenkninger/. ansattes ytringsfrihed, 31 October 2016: 279 The Independent Police Complaints http://www.justitsministeriet.dk/nyt- Authority, Politiklagemyndigheden og-presse/pressemeddelelser/2016/ sigter to politiledere i Tibet-sagen vejledning-om-offentligt-ansattes- available (in Danish) at: http://www. ytringsfrihed.

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286 The Government, the November 2016 292  Act no. 171 of 27 February 2016 on dignity Government coalition agreement, policies for elderly care. Regeringsgrundlaget Marienborgaftalen 293 The Ministry of Health, Styrket indsats for 2016 For et friere, rigere og mere trygt den ældre medicinske patient – National Danmark, p. 52: http://stm.dk/_a_1619. handlingsplan 2016, available (in Danish) html. at: http://www.sum.dk/~/media/Filer%20 287 Letter from the Ministry of Defence to the -%20Publikationer_i_pdf/2016/Styrket- Ombudsman, 13 September 2016: http:// indsats-for-den-aeldre-medicinske- www.ft.dk/samling/20151/almdel/REU/ patient/National_Handlingsplan.ashx. bilag/422/1663617/index.htm. 294 The Danish Ministry of Health, press 288 Justitia, analysis of the interference of release re new Finance Act agreement police in the right to expression and allocating 1.5 billion to healthcare assembly, Politiets indgreb i ytrings- og and the elderly in 2017, 18 November forsamlingsfriheden, 29 January 2016: 2016, available (in Danish) at: http:// http://justitia-int.org/ny-analyse-politiets- www.sum.dk/Aktuelt/Nyheder/ indgreb-i-ytrings-og-forsamlingsfriheden/. Sundhedspolitik/2016/November/Ny- 289 The European Union Agency for finanslovaftale-1-5-mia-kr-til-sundheds- Fundamental Rights, Incitement in media og-aeldreomraadet-i-2017.aspx. content and political discourse in Member 295 KL.dk, Aftale om fast tilknyttede læger States of the European Union, November på plejecentre på plads, 30 May 2016, 2016: http://fra.europa.eu/sites/default/ available (in Danish) at:http://www.kl.dk/ files/fra_uploads/fra-2016-media-and- Sundhed/Aftale-om-fast-tilknyttede-lager- incitement-0_en.pdf. pa-plejecentre-pa-plads-id204919/. 290 The European Union Agency for 296 Danish Dementia Research Centre: http:// Fundamental Rights, Violence, threats uk.videnscenterfordemens.dk/dementia- and pressures against journalists and in-denmark/prevalence-of-dementia-in- other media actors in the European Union, denmark/. November 2016: http://fra.europa.eu/ 297 See the agreed action plan(in sites/default/files/fra_uploads/fra-2016- Danish) at: http://www.sum.dk/ threats-and-pressures-journalists_en.pdf. Aktuelt/Nyheder/Aeldre/2016/ 291 The Council of Europe, ‘Recommendation December/~/media/Filer%20-%20 CM/Rec(2014)2 of the Committee of Publikationer_i_pdf/2016/Aftale- Ministers to member States on the demenshandlingsplan-2025/Aftaletekst- promotion of the human rights of older national-demenshandlingsplan-2025. persons’, available at: http://www. ashx. ilga-europe.org/sites/default/files/ 298 The Danish Health Authority, proposal for cmrec20142_en.pdf. dementia action plan, Livet med demens –

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styrket kvalitet i indsatsen - fagligt oplæg (in Danish) at: http://www.ft.dk/ til den national demenshandslingsplan samling/20151/almdel/suu/spm/135/ 2016, available (in Danish) at: http://www. svar/1289262/1584470/index.htm. welfaretech.dk/media/4735/2016-06-27- 303 See the report (in Danish) at http:// livet-med-demens-fagligt-oplaeg-til-den- menneskeret.dk/udgivelser/behandling- nationale-demenshandlingsplan-2025. tvang. pdf. 304 The Bill is available at http://www. 299 The Health and Senior Citizen’s ft.dk/RIpdf/samling/20161/lovforslag/ Committee 2016-17, SUU Alm.del L185/20161_L185_som_fremsat.pdf final reply to question 228, available 305 Digitisation strategy of the Government, (in Danish) at: 228http://www.ft.dk/ Local Government Denmark, and Danish samling/20161/almdel/suu/spm/228/ Regions, A stronger and more secure svar/1371415/1706910.pdf. digital Denmark. Digital Strategy 2016- 300 The Health and Senior Citizen’s 2020. May 2016, p.14. Read the report Committee 2016-17, SUU Alm.del here: https://www.digst.dk/~/media/.../ final reply to question 254, available DS_Singlepage_UK_web.pd. (in Danish) at: http://www.ft.dk/ 306 Statistics Denmark: It-anvendelsen i samling/20161/almdel/suu/spm/254/ befolkningen, 2016, p. 60. svar/1371395/1706846.pdf. 307 The recommendations and Denmark’s 301 Read more about the Danish Health response to them can be seen Authority model, news article, Ny model (in Danish) at http://um.dk/da/ skal styrke plejen af beboere med demens, nyheder-fra-udenrigsministeriet/ 30 March 2016, available (in Danish) at: NewsDisplayPage/?newsID=85EC5323- https://www.sst.dk/da/nyheder/2016/ 68EF-477F-AAD1-0BDFCFD530A1. ny-model-skal-styrke-plejen-af-beboere- 308 The UN Human Rights Committee, med-demens ; and the Danish Health ‘Concluding observations on the sixth Authority, news article, Fem kommuner periodic report of Denmark’. CCPR/C/ skal afprøve ny målrettet pleje af beboere DNK/CO/6. Adopted by the committee at med demens, 22 August 2016, available its 117th session (20 June – 15 July 2016), (in Danish) at: https://www.sst.dk/da/ clause no. 14. nyheder/2016/fem-kommuner-skal- afproeve-ny-maalrettet-pleje-af-beboere- med-demens. 302 The Health and Senior Citizen’s Committee 2015-16, SUU Alm.del final reply to question 135, available

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STATUS 2016-17 STATUS 2016-17