IPU, Alm.del - 2008-09 - Bilag 22: Seminar on: Implementing the international covenant on civil and political rights and the international covenant on economic, social and cultural rights: What part for parliaments?

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIESUNDER ARTICLE 40 OF THE COVENANTConcluding observations of the Human Rights CommitteeDENMARK1.The Human Rights Committee considered the fifth periodic report of Denmark(CCPR/C/DNK/5) at its 2570th and 2571st meetings (CCPR/C/SR.2570 and 2571), held on13 and 14 October 2008, and adopted the following concluding observations atits 2591st meeting (CCPR/C/SR.2591), held on 28 October 2008.A. Introduction2.The Committee welcomes the submission of the fifth periodic report of Denmark, whichincludes detailed information on the measures taken to address the concerns expressed in theCommittee’s previous concluding observations (CCPR/CO/70/DNK), as well as the writtenreplies to its list of issues (CCPR/C/DNK/Q/5/Add.1).3.The Committee welcomes the dialogue with the delegation of the State party, whichincluded experts from relevant ministries responsible for the implementation of the Covenant.B. Positive aspects4.The Committee welcomes the extensive legislative, administrative and policy measurestaken to improve the promotion and protection of human rights since the examination of thefourth periodic report, including:(a) The adoption of the Act on Equal Ethnic Treatment and the Action Plan to PromoteEqual Treatment and Diversity and Combat Racism;GE.08-45685 (E) 181208

CCPR/C/DNK/CO/5page 2(b) The introduction of a special section on torture in the Criminal Code, which,inter alia, specifies that criminal liability for acts of torture is no longer subject to the statute oflimitations;(c) The adoption of a number of legislative and policy measures aimed at eliminatingviolence against women, including the launch of a four-year Action Plan to Combat Men’sDomestic Violence against Women and Children 2005/2008 and the elaboration, in May 2008,of revised instructions concerning the investigation and prosecution of cases of domesticviolence;(d) The far-reaching reform of the judicial system, which aims at rationalizing the courtsystem and reducing the processing time of criminal and civil cases;(e) The establishment, in May 2008, of the Board of Equal Treatment, with competenceto receive individual complaints concerning alleged cases of discrimination based on gender,race, colour, religion or belief, disability, political opinion, age or sexual orientation, national,social or ethnic origin.C. Principal subjects of concern and recommendations5.The Committee regrets that the State party intends to maintain all the reservations enteredupon ratification of the Covenant. It considers in particular that, following the recent reform ofthe jury system (CCPR/C/DNK/5, para. 350), which introduced the right to have one’sconviction and sentence reviewed by a higher tribunal with respect to the most serious criminalcases, the scope of the reservation to article 14, paragraph 5, could be reduced.The State party should keep the reservations to the Covenant under constant review,with a view to withdrawing them in whole or in part. The State party should inparticular consider narrowing the scope of the reservation to article 14, paragraph 5,in the light of the recent reform of the jury system.6.The Committee notes with concern the decision taken by the State party not to incorporatethe Covenant into its domestic legal order, contrary to the recommendation of the Committee onIncorporation of Human Rights Conventions into Danish Law (art. 2).The State party should reconsider its decision not to incorporate the Covenant into itsdomestic legal order, with a view to ensuring that all rights protected under theCovenant are given full effect in domestic law.7.The Committee notes with concern that, despite the various measures taken by the Stateparty to promote gender equality and increase the representation of women in publicly electedbodies, women continue to be underrepresented in political decision-making positions, especiallyat the local level. The Committee is also concerned about the low representation of women inhigh-level and managerial positions and on boards of private enterprises. (arts. 2, 3, 25 and 26).The State party should strengthen its efforts to increase the participation of women inpolitical decision-making positions, especially at the local level, by means of,inter alia, awareness-raising campaigns and, where feasible, temporary special

CCPR/C/DNK/CO/5page 3measures. The State party should also seek ways to further support the participationof women in high-level and managerial positions and on boards of private enterprisesthrough enhanced cooperation and dialogue with partners in the private sector.8.The Committee remains concerned at the persistence of violence against women, includingdomestic violence, in spite of the efforts made by the State party to eliminate this phenomenon(arts. 3, 7 and 26).The State party should continue its efforts to eliminate violence against women,including domestic violence, by means of, inter alia, information campaigns on thecriminal nature of this phenomenon and the allocation of sufficient financialresources to prevent such violence and provide protection and material support tovictims.9.The Committee is concerned at allegations that the airspace and airports of the State partyhave been used for so-called rendition flights of persons from third countries to countries wherethey risk being subjected to torture or ill-treatment. The Committee notes that the State party hasset up a governmental task force to carry out an inquiry into this issue (arts. 7, 9 and 14).The State party should provide the Committee with the report of the governmentaltask force investigating allegations related to transit through its territory of renditionflights as soon as the report becomes available. It should also establish an inspectionsystem to ensure that its airspace and airports are not used for such purposes.10. While welcoming the acknowledgement by the delegation that diplomatic assurances donot release Denmark from its obligations under international human rights, humanitarian andrefugee law, the Committee notes with concern that the State party may be willing to rely onsuch diplomatic assurances to return foreign nationals to countries where treatment contrary toarticle 7 of the Covenant is believed to occur (arts. 7, 9 and 14).The State party should exercise the utmost care in relying on diplomatic assuranceswhen considering the return of foreign nationals to countries where treatmentcontrary to article 7 of the Covenant is believed to occur. The State party should alsomonitor treatment of such persons after their return and take appropriate actionwhen the assurances are not fulfilled.11. The Committee remains concerned at the use of long-term solitary confinement duringpretrial detention, and in particular at the possibility of unlimited prolongation of such a measurewith regard to persons charged with a crime under parts 12 and 13 of the Criminal Code,including persons under 18 years of age (arts. 7, 9 and 10).The State party should review its legislation and practice in relation to solitaryconfinement during pretrial detention, with a view to ensuring that such a measure isused only in exceptional circumstances and for a limited period of time.12. The Committee takes note of the explanation provided by the delegation that the specialposition granted to the Evangelical Lutheran Church as the “Established Church of Denmark”(section 4 of the Constitutional Act of Denmark of 5 June 1953) is based on historical and social

CCPR/C/DNK/CO/5page 4factors, as well as on the fact that the vast majority of the population belongs to this church.Nevertheless, the Committee notes with concern that the direct financial support that theEvangelical Lutheran Church receives from the State, and the administrative functions entrustedto it, such as civil status registration and the management of burial grounds, could lead todiscrimination against other religious groups (arts. 2, 18 and 26).The State party should take steps to ensure equal enjoyment of the right of freedomof religion or belief and ensure that its legislation and practices are in full conformitywith article 18 of the Covenant. In particular, the State party should considerreviewing its legislation and administrative practices regarding the direct financialsupport provided to the Established Church, and entrust the administrative functionsrelating to civil status registration and the management of burial grounds to Stateauthorities.13. The Committee notes with concern that, in its decision of 28 November 2003, the SupremeCourt did not recognize the Thule Tribe of Greenland as a separate group capable of vindicatingits traditional rights, despite the tribe’s own perception to the contrary (arts. 2, 26 and 27).The State party should pay special attention to self-identification of the individualsconcerned in the determination of their status as persons belonging to minorities orindigenous peoples.14. The State party should publish and disseminate widely the text of its fifth periodic report,the written answers it has provided in response to the list of issues drawn up by the Committee,and the present concluding observations. In addition to Danish, the Committee suggests that thereport and the concluding observations be translated into minority languages spoken in Denmark,including Faroese.15. In accordance with rule 71, paragraph 5, of the Committee’s rules of procedure, the Stateparty should provide, within one year, relevant information on its implementation of theCommittee’s recommendations made in paragraphs 8 and 11.16. The Committee requests the State party to provide in its sixth periodic report, due to besubmitted by 31 October 2013, updated information on all the Committee’s recommendationsand on the Covenant as a whole, including detailed information on the implementation of theCovenant in the Faroe Islands and in Greenland. The Committee also requests that the process ofcompiling the sixth periodic report involve civil society and non-governmental organizationsoperating in the State party.-----