Universal Periodic Review of the United Nations Human Rights Council Denmark’s 2nd Mid-term Report, June 2018 Denmark considers the Universal Periodic Review (UPR) an important UN mechanism and a key tool in monitoring all member states’ compliance with their human rights obligations. On this basis, Denmark has actively contributed to the Universal Periodic Review since the beginning of the first cycle in 2008. Denmark’s second periodic review took place in January 2016. In June 2016, Denmark accepted 122 of the 199 recommendations received (A/HRC/32/10/Add.1). The second UPR Mid-term Report covers the period from June 2016 until June 2018. The report provides an overview of the status of the follow- up and implementation of the recommendations, which Denmark has received and accepted (in full or in part) during the second cycle. In addition, all 199 recommendations have been considered during the drafting of the report. This has resulted in the acceptance of 4 additional recommendations, also included in the present report. The report has been coordinated in the Government’s inter-ministerial Human Rights Committee as well as with the Faroes Islands and Greenland. The Danish Institute for Human Rights (DIHR) and civil society have also been included in the drafting process. An initial consultation meeting was held in January 2018 in the Government’s inter-ministerial Human Rights Committee with the participation of the Danish Institute for Human Rights (DIHR) and the UPR-Committee, which consists of Danish NGO’s interested in contributing to the national UPR-process. A first draft of the report was then subject to a public hearing. The responses received in the public hearing have given rise to several revisions included in the present report. 1 No. RECOMMENDATION COUNTRY DK-RESPONSE DK-FOLLOW UP STATUS 2018 121.3. Withdraw the territorial exclusion for Canada Accepted With effect from 10 October 2016 Denmark has withdrawn its territorial reservation for the Greenland and the Faroe Islands to the Faroe Islands and Greenland to the Optional Protocol. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography 121.4. Work with the Greenland authorities to United Accepted Reference is made to the response to recommendation 121.3. withdraw the territorial reservation for Kingdom of Greenland to the Convention on the Great Britain Rights of the Child Optional Protocol and Northern on the sale of children, child Ireland prostitution and child pornography 121.11. Ratify the International Convention for Germany and Accepted The Convention is already signed and will be ratified when the necessary amendments to the Protection of All Persons from France national legislation have been passed. Enforced Disappearance and fully recognize the competence of the Committee on Enforced Disappearances, as provided for in articles 31 and 32 of the Convention 121.12 Consider ratifying the International Ghana Accepted Reference is made to the response to recommendation 121.11. Convention for the Protection of All Persons from Enforced Disappearances 121.13 Ratify the International Convention on Panama, Accepted Reference is made to the response to recommendation 121.11. the Protection of all Persons from Tunisia, Enforced Disappearance Uruguay, Portugal and Montenegro 2 121.14 Take necessary steps to ratify the Slovakia Accepted Reference is made to the response to recommendation 121.11. ICPPED 121.15 Internalise as soon as possible the Brazil Accepted in part As to the part concerning the ICPPED, reference is made to the response to following international human rights recommendation 121.11. treaties: ICCPR, ICESCR, CAT, ICERD, CRC and CEDAW, as well as As to the part concerning incorporation of ICCPR, ICESCR, CAT, ICERD, CRC and ratify ICPPED CEDAW, Denmark finds that incorporation might entail a risk that the responsibility for compliance with our international obligations will shift from the Parliament to the courts. Denmark finds that it is important that this responsibility remain with the elected representatives. All the treaties are relevant sources of law in Denmark. Although not incorporated into Danish law, the treaties can be and are indeed invoked before and applied by the Danish courts and other national authorities. 121.20 Incorporate core UN human rights Azerbaijan Accepted in part Reference is made to the response to recommendation 121.15. treaties into domestic legislation 121.21 Incorporate the international Egypt Accepted in part In 1992, Denmark incorporated the European Convention on Human Rights. instruments it acceded to into domestic legislation Concerning the United Nations Human Rights treaties, reference is made to the response to recommendation 121.15. 121.22 Incorporate the human rights Guatemala Accepted in part Reference is made to the response to recommendation 121.21. conventions into national law 121.23 Bring legislation, including the Criminal Kyrgyzstan Accepted Denmark considers that the Danish Criminal Code is in line with ICERD. Code in line with the provisions of ICERD 3 121.24 Modify the criminal code to harmonize Benin Accepted Reference is made to the response to recommendation 121.23. its provisions with those of the International Convention on the Elimination of All Forms of Racial Discrimination 121.25 Adopt a comprehensive anti- Maldives Accepted in principle Denmark attaches great importance to combatting discrimination. This is reflected in Danish discrimination legislation law. National Danish legislation includes a variety of acts on anti-discrimination, which collectedly provide a broad protection against discrimination. According to administrative law, all citizens are equal before the law and public authorities must not discriminate citizens on any ground. Danish law also contains a number of acts on gender equality, including the Act on Gender Equality, which prohibits direct and indirect discrimination on grounds of gender outside the labour market, and the Act on Equal Treatment of Men and Women as regards Access to Employment, etc. Moreover, the Act on Prohibition against Discrimination on the Labour Market prohibits direct and indirect discrimination on the labour market on grounds of race, colour or ethnic origin, religion or belief, sexual orientation, national or social origin, political opinion, age and disability. Furthermore, the Act on Ethnic Equal Treatment prohibits direct and indirect discrimination outside the labour market on grounds of race or ethnic origin. The prohibition applies outside the labour market to all public and private enterprises in relation to social protection and to membership of and participation in organisations whose members work in certain areas of business and to the advantages, which these organisations provide for their members. In addition, the Act on Prohibition against Discrimination on Grounds of Race, Colour, National or Ethnic Origin, Belief or Sexual Orientation criminalizes discrimination on the mentioned grounds. A violation of the Act is punishable by a fine or imprisonment for a term not exceeding 6 months. The Danish Government finds that discrimination of any kind is unacceptable. In May 2018, the Danish Parliament adopted a bill on cross-sectoral prohibition of discrimination of all persons with disabilities. The new act renders it illegal for both public and private service providers to discriminate against persons with disabilities outside the labour market. The act provides persons with disabilities the opportunity to file a complaint with the Board of Equal Treatment. As part of the Governmental Action Plan to promote security, well-being and equal opportunities for LGBTI persons 2018-2021, the Danish Government will initiate a review of legislations regarding LGBTI persons across areas. 4 Finally, it should be mentioned that the Danish Board of Equal Treatment is considering complaints of discrimination on a number of grounds. The Board may award compensation and invalidate dismissals. 121.26 Explicitly prohibit discrimination Djibouti Accepted in principle Reference is made to the response to recommendation 121.25. against persons with disabilities and discrimination based on religious belief 121.27 Amend the relevant laws so that all Albania Accepted in part According to the Constitution, persons who have been declared legally incapacitated do not persons with disabilities could vote and have the right to vote and to stand as candidates in Parliamentary elections and are precluded stand for election from voting in referenda. The Constitution only regulates Parliamentary elections and referenda. Until July 2016, similar restrictions applied to the right to vote and to stand as candidates in local, regional and European Parliament elections. These restrictions were removed in July 2016, and persons who have been declared legally incapacitated now have the right to vote and stand as candidates in these elections. Furthermore, the topic of the right to vote of persons under guardianship is currently subject to political debate following a recent decision by the Supreme Court. The Court found that the Constitution precludes persons from voting for Parliamentary election who, due to economical issues, are placed under guardianship, and thus legally incapacitated. The Danish Government has initiated an analysis with the purpose of finding alternative models to the current regulations, which can ensure that fewer persons under guardianship will be precluded from