HUMAN RIGHTS IN DENMARK HUMAN RIGHTS IN DENMARK STATUS 2016-17 STATUS 2015-16 STATUS 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. At DIHR we aim to make our publications as accessible as possible. We use large font size, short (hyphen-free) lines, left-aligned text and strong contrast for maximum legibility. We are seeking to increase the number of accessible pdfs on our website. For further information about accessibility, please click www.humanrights.dk/accessibility CONTENTS 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 LIBERTY 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 3 HUMAN RIGHTS IN DENMARK 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 Europe and the European Union. 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, freedom of assembly right, the significance of the objective being and the right to a fair trial are examples of civil pursued/ the opposing interest, and the 5 HUMAN RIGHTS IN DENMARK 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 Council of Europe, 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.