REU, Alm.del - 2009-10 - Bilag 259: Orientering om Danmarks 5. periodiske rapport om FN’s konvention om økonomiske, sociale og kulturelle rettigheder, fra udenrigsministeren

Table of ContentsIntroduction....................................................................................................................................................2Article 1............................................................................................................................................................2Article 2............................................................................................................................................................2Article 3..........................................................................................................................................................10Article 4..........................................................................................................................................................14Article 5..........................................................................................................................................................14Article 6..........................................................................................................................................................14Article 7..........................................................................................................................................................17Article 8..........................................................................................................................................................20Article 9..........................................................................................................................................................20Article 10........................................................................................................................................................22Article 11.........................................................................................................................................................31Article 12........................................................................................................................................................37Article 13........................................................................................................................................................41Article 14........................................................................................................................................................44Article 15........................................................................................................................................................44List of Annexes:Annex I: Reporting on GreenlandAnnex II: Reporting on the Faroe Islands4853

IntroductionThe reportThis is the fifth periodic report submitted by the Government of Denmark in pursuance of articles16 and 17 of the International Covenant on Economic, Social and Cultural Rights. The report dealswith developments since the submission of the fourth periodic report of Denmark on 28 April 2003(E/C.12/4/Add.12) and up to December 2009.The report also deals with plans for new legislation in certain fields. The report is based on andstructured in accordance with the general guidelines regarding the form and content of the reports tobe submitted by State parties under article 16 and 17. Reference is made to relevant paragraphs ofDenmark’s fourth periodic report and to the concluding observations of the Committee onEconomic, Social and Cultural Rights on that report (E/C.12/1/Add.102) as well as to some of thequestions raised during the examination of the fourth report, held on 10 and 11 November 2004.To the extent that no changes have occurred in legislation and legal practice since Denmark’s lastreporting to the Committee on Economic, Social and Cultural Rights reference will be made to thefourth periodic report submitted by the Government of Denmark.The report has been compiled by the Ministry of Foreign Affairs on the basis of contributions fromthe relevant departments and ministries of the Government of Denmark and the Home Rule ofGreenland as well as the Faroe Islands.Specific reports on the situations in Greenland and the Faroe Islands are set out in Annex I and IIrespectively.

Article 1In 2009 the Danish Government and the Government of Greenland agreed to modernise thelegislation concerning Greenland’s Home Rule. For a general description of the Greenland Self-Government arrangement, reference is made to the report from Denmark and Greenland to theUnited Nations Permanent Forum on Indigenous Issues, Eighth Session (E/C.19/2009/4/Add.4).The Act on Greenland Self-Government entered into force on 21 June 2009.In 2005 the Danish Government and the Government of the Faroes agreed to modernise thelegislation concerning Faroese Home Rule. For a general description of the modernisation and theFaroese Home Rule arrangement, reference is made to the Danish Government’s contribution toDenmark’s fifth periodic report the International Covenant on Civil and Political Rights(CCPR/C/DNK/5.add.paras 29-55) concerning the Faroe Islands.

Denmark’s latest periodic report on the International Covenant on Civil and Political Rights(CCPR/C/DNK/5) and on Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment (CAT/C/81/Add.2).Referring to paragraph 13, 14, 24, and 25 of the concluding observations concerning Denmark’sforth periodic report (E/C.12/1/Add.102), it should be noted that the Government gives high priorityto the fight against discrimination in any form. Reference is made to article 3 as well as to the 7thperiodic report on the Implementation of All forms of Discrimination Against Women from May2008.The Danish Criminal CodeIn addition to the elements of Denmark’s specific anti-racism and non-discrimination legislation asreferred to in Denmark’s fourth report (para. 62), attention is drawn to section 81(6) of the DanishCriminal Code. According to the said provision it shall, as a rule, be considered a circumstance inaggravation that the offence has its background in other persons’ ethnic origin, religious belief,sexual orientation or similar.StatisticsAs mentioned in Denmark’s fourth report (paras. 62(i) and 79-81) new guidelines were issued bythe Director of Public Prosecutions in 2006 in order to ensure a uniform national practicing respectof raising charges and to supervise the processing of cases concerning section 266b. The guidelinesare laid down by Notice No. 9/2006 from the Director of Public Prosecution which replaced NoticeNo. 4/1995.Accordingly, all cases concerning charges of violation of the said provision have to be submitted tothe Director of Public Prosecutions with a view to deciding the question of prosecution. In addition,the Director of Public Prosecutions also has to be notified of reports to the police of violation ofsection 266b in cases where the Public Prosecutor refuses, at the recommendation of aCommissioner of Police, to commence investigation or stop investigation that has already beencommenced. A collection of up-dated case-law is available at the website of the Director of PublicProsecutions in an anonymous form.Table 1:Cases concerning charges of violation of sectionpreviously submitted to the Director of Public Prosecutions:NumberNumberNumberNumberof cases ofof cases of caseswherechargedwhere the settledYearchargepersonsresult is withahas beenconviction fineraised3*4120043332005665120068**94120074*** 4220082426134Total*) One case resulted in dismissal of all charges (tiltalefrafald).**) One case resulted in dismissal of all charges (tiltalefrafald).

At the request of the Ministry of Justice, the Director of Public Prosecutions also monitor caseswhere the above-mentioned section 81(6) of the Danish Criminal Code has been applied as well ascases concerning the Act on the Prohibition of Discrimination based on Race etc.According to a report from April 2008 the Director of Public Prosecutions has received informationon 10 cases concerning the application of section 81(6) of the Danish Criminal Code. In 8 of thesecases the court ruled that the offence was committed - wholly or partly - on the basis of the victim’srace, colour, national or ethnic origin, religion or sexual inclination. In 2 of the cases the courtdismissed that the offence was committed on the basis of the victim’s ethnic origin or sexualinclination. The majority of these rulings concern violence. One case concerns offensive remarksaimed at a police officer with an ethnic origin other than Danish. It is mentioned in the report that insome cases there might be a suspicion that a reported crime is racially motivated but due to a lack ofproof of motive, the question is not tried further during the criminal proceedings. Furthermore, in anumber of cases the offender cannot be identified, and as a result it is not possible to determinewhether the crime in question was racially motivated.In the above-mentioned report it is further stated that the Director of Public Prosecutions hasreceived 6 cases concerning violation of the Act on the Prohibition of Discrimination based onRace, etc. 2 of these cases were not finally decided at the time of the Director of PublicProsecutions’ submission of his report. One case was settled with a fine in which case a shopkeeperrefused to serve a male transvestite on equal terms with other customers regarding the retail price.In 3 cases, investigations that had been commenced were stopped due to a lack of proof ofdiscrimination.Since the report of April 2008, the Director of Public Prosecutions has raised charges against amanager and a doorman, who refused five Brazilians admission to a restaurant.

In one of the cases mentioned above, which was not finally decided, two doormen were sentencedto a fine of DKK 1.000. The doormen refused to admit guests to a discotheque because of the ethnicorigins of the guests.Reports to the Danish Security and Intelligence Service on racially motivated offencesFrom 1 January 2009 the reporting system from the police districts to the Danish Security andIntelligence Service on possible hate crimes has changed. The police districts are now required toregister in the police’s electronic case handling system any criminal offences and incidents that maybe believed to have an extremist background. This includes all criminal acts presumably motivatedby extremist opinions concerning political, racial, national, ethnic or religious issues or the victim’ssexual orientation etc. directed at foreigners or Danish nationals. This procedure gives the DanishSecurity and Intelligence Service access to exact statistics on hate crimes. The purpose of thisprocedure is to enable the Danish Security and Intelligence Service to assess if any signs may bedetected of the commitment of more organized and systematic criminal activity rooted in racism,xenophobia etc.Attitudes towards foreignersThe Government is pleased to inform the Committee that a number of new statistical and researchfindings suggest that immigrants and refugees arriving in Denmark over the last years havenotexperienced increased negative and hostile attitudes. On the contrary, the development seems to begoing towards a more positive attitude and less outright hostility and xenophobia.In general, Danish society and Danish law ensure equal treatment, equal opportunities and equalrights for all inhabitants and groups. Notwithstanding this, surveys show that there are individualsand groups in Denmark that feel discriminated against.A report made by the Ministry of Refugee, Immigration and Integration affairs in 2007 showed that11 pct. of the immigrants experienced discrimination on the street while 9 pct. often feltdiscriminated against in public transportation.In 2001, 37 pct. of approximately 1.000 immigrants and descendants reported that they experiencediscrimination. This dropped to 27 pct. in 2008.1Another way of gauging the level and development of actual discrimination in Denmark is bylooking at the recommendations of The Complaints Committee for Ethnic Equal Treatment. TheCommittee investigated and handled individual complaints of differential treatment on the basis ofrace or ethnic origin up until December 31st2008, where the Committee ceased operation. In 2005,the Committee made 11 recommendations of which 3 concluded that there had been a violation ofequal treatment legislation. In 2008, the Committee made 7 recommendations and found 3 cases ofviolations.Xenophobic incidentsThe Government shares the Committee’s view on the importance of a constant prevention ofxenophobic incidents.

In January 2009 the Government presented its Action Plan for prevention of radicalisation andextremist views among young people. In this connection xenophobic incidents such as racism areconsidered part of the phenomenon of extremism.The Action Plan for prevention of radicalisation and extremist views among young people contains22 initiatives framed within 7 focus areas: Direct contact with young people, Inclusion based on therights and obligations, Dialogue and information, Democratic cohesion, Efforts in vulnerableresidential areas, Special initiatives in prisons, and Knowledge, Co-operation and partnerships.On the 1stof April 2008, a Division for democratic cohesion and prevention of radicalisation wasestablished within the Ministry of Refugee, Immigration and Integration Affairs. The division playsa central role in coordinating the implementation of the initiatives in the Action Plan for preventionof radicalisation and extremist views among young people. The division also aims at gatheringtheoretical as well as practical knowledge on civic citizenship and prevention of extremist views inorder to share this knowledge with local communities as well as with other ministries and relevantactors.General measures to eliminate racial discriminationSince Denmark’s forth periodic report (E/C.12/4/Add.12), the Danish Government has promoted awide range of initiatives intended to contribute to the elimination of racial discrimination. Some ofthe more general initiatives are mentioned immediately below.The Action Plan to Promote Equal Treatment and Diversity and Combat RacismAs mentioned in the forth periodic report of Denmark (E/C/.12/4/Add.12), para 76, the Governmentdecided to establish a national action plan to promote diversity, tolerance and equal treatment and tocombat discrimination as a follow-up to the Durban Declaration and Programme of action. InNovember 2003, the Government published “Action Plan to Promote Equal Treatment andDiversity and Combat Racism”.The Action Plan is being revised at the moment, and a new Action Plan is expected to be ready bythe end of 2009.Special funding of initiativesFurthermore, the Danish Government carries out and supports a wide range of initiatives for thepromotion of tolerance and diversity and the combat of racism and discrimination.An additional 10 million DKK (app. 1.35 mill. Euro) has been allocated in 2007-2010 to supportlocal activities and projects to promote equal treatment and combat discrimination.In 2008, the Minister of Integration Affairs allocated 8 mio. DKK (app. 1.05 mill. euro) in theperiod 2008-2011 to strengthen social and language competences, parental responsibility and thelike among the socially weakest of the newcomers and non-ethnic Danes, and to enhance thedevelopment of the organization competences among newcomers.

The Act on Prohibition against Discrimination on the Labour Market and the Act on Ethnic EqualTreatmentDiscrimination on the labour market on the basis of race, colour, religion or belief, political opinion,sexual orientation, age, disability or national, social or ethnic origin is covered by the Act onProhibition against Discrimination on the Labour Market etc. from 1996 with subsequentamendments. The latest Consolidation Act is from 2008; cf. Consolidated Act No. 1349 of 16December 2008. The Act is supplemented by the Act on Ethnic Equal Treatment from 2003. BothActs are described in the Danish Government’s latest report.Act No. 253 of 7 April 2004 inserted the word “belief” as a criterion in the Act on Prohibitionagainst Discrimination on the Labour Market etc. The Act also introduced the principle of theshared burden of proof in cases of discrimination. The Act implements parts of Council Directive2000/43/EC of 29 June 2000 implementing the principle of equal treatment between personsirrespective of racial or ethnic origin and parts of Council Directive 2000/78/EC of 27 November2000 establishing a general framework for equal treatment in employment and occupation.Act No. 1417 of 22 December 2004 inserted the criteria "age" and "disability" in the Act. The Actimplements parts of Council Directive 2000/78/EC of 27 November 2000 establishing a generalframework for equal treatment in employment and occupation.Act No. 240 of 27 March 2006 implements an exemption for young persons under the age of 18which means that the Act does not prevent provisions in agreements and collective agreementsconcerning special rules for remuneration of young persons under the age of 18.Act No. 1542 of 20 December 2006 raises the age limit on when agreements can be made oncompulsory dismissal from 65 years to 70 years.The Act on the Board of Equal TreatmentAct No. 387 of 27 May 2008 (the Act on The Board of Equal Treatment) establishes anadministrative appeal board, that may consider complaints on ground of gender, race, colour,religion or belief, disability, political opinion, age or sexual orientation, national, social or ethnicorigin. The Board, which came into force on 1 January 2009, covers all fields of discriminationstipulated in the Danish anti-discrimination legislation today.The decisions made by the Board cannot be appealed against to any other administrative authority.Once the Board has made a decision about a complaint, either party may bring the matter before thecourts. Where the decisions made by the Board are not observed, the Board shall, at thecomplainant's request and on his or her behalf, bring the matter before the courts. The Board mayaward compensation and set aside dismissals to the extent provided for by the said acts, etc. As aconsequence of the establishment of the Board of Equal Treatment (please also see under art. 3),The Gender Equality Board and The Complaints Committee for Ethnic Equal Treatment have beenabolished.Referring to paragraph 23 of the concluding observations concerning Denmark’s fourth periodicreport (E/C.12/1/Add.102), it should be noted that the Danish Institute for Human Rights after theabolition of the Committee for Ethnic Equal Treatment continues to have a mandate that covers awide range of activities, including research, advising role of the Parliament and the Government onhuman rights obligations, education on human rights, promotion of equal treatment regardless of

race and ethnic origin, provision of information and documentation on human rights andcontribution to the implementation of human rights in Denmark as well as internationally.Victims of domestic violenceReferring to paragraph 18 and 31 of the concluding observations concerning Denmark’s forthperiodic report (E/C.12/1/Add.102), it should be noted that the Danish Government attaches greatimportance to securing that victims of crime, including victims of domestic violence, are treatedwith dignity and respect and that they receive the help and support which is necessary, relevant andefficient under the circumstances. As a result, the Danish Government has continuously taken newinitiatives in this area.Firstly, the victim advocate scheme introduced in 2005. According to the Danish Administration ofJustice Act section 741a (1) the court must as a general rule assign a victim advocate in cases ofviolence if so requested by the victim.Secondly, a new contact person scheme was introduced by Executive Order No. 1108 of 21September 2007 on the Duty of the Police and Prosecution Service to Guide and Inform Victims inCriminal Proceedings and to Nominate a Contact Person for Victims.Thirdly, as regards victims of domestic violence it is noted specifically that the National Policestipulated by a circular letter of 23 August 2007 that special units must be set up in the variouspolice districts to handle tasks related to victims of partner-related domestic violence. Additionalguidelines have been laid down by Notice No. 3/2008 from the Director of Public Prosecutions onthe Investigation of Cases relating to partner-related domestic violence. The circular letter requestseach police district to nominate a number of resource persons who are to form a unit specialising inundertaking tasks related to advice-giving, coordination and follow-up in connection with seriouspartner-related domestic violence.Fourthly, all police districts have set up victim counselling offices, which offer anonymous privateinterviews and counselling to everybody who contacts the office. Victim counsellors are also able toprovide guidance on aid to victims, whether medical, psychological, social or legal, and to assistwith the completion of claim forms and other relevant documents.Furthermore, information films informing ethnic minority women of their rights and opportunitiesof assistance in Danish society have been produced in ten languages.An information folder was produced and distributed in credit card format: “Stop the violenceagainst women – Break the silence”. In 2006, the leaflet was reprinted in Danish and eight otherlanguages. The publication also refers women to a 24-hour hotline.A new campaign aimed at women from ethnic minorities will be launched in February 2010. It willfocus on the rights and possibilities for battered women, and will among other things meet thewomen in their local communities.A new national strategy against violence in families is underway. It includes initiatives for ethnicminorities, e.g. information for violent men about the possibility of getting help to end their use ofviolence.

The Aliens ActReference is made to the 18thand 19thperiodic report submitted by the Government of Denmark inpursuance of article 9 of the International Convention on the Elimination of All forms of RacialDiscrimination submitted on 6 July 2009.In paragraph 16 of its concluding observations(E/C.12/1/Add.102), the Committee on Economic,Social, and Cultural Rights notes with concern that the amendment to the Aliens Act in 2002, whichraised the age of the right to reunification of migrant spouses to 25 years, constitutes an impedimentto the State party’s obligation to guarantee the enjoyment of the right to family life in Denmark. TheCommittee also called upon Denmarkin paragraph 29to take appropriate measures to either repealor amend the 24-year rule, in line with the obligation to guarantee the enjoyment of the right tofamily life in Denmark. In this connection, the Committee encouraged Denmark to consideralternative means of combating the phenomenon of forced marriage involving immigrant women.The 24-year rule was introduced in 2002 as one of several amendments concerning familyreunification.The general purpose of these amendments was to restrict the number of aliens reunified with theirfamilies in order to counteract the problems of aliens who are not in work and to enhance the effortsto discourage arranged and forced marriages.The specific purpose of the 24-year rule is to protect young people, who have not got the strength tooppose their family against being pressured or forced into a marriage. The 24-year rule also savesyoung people the difficulty of having to explain to the immigration authorities that they want aspousal reunification when in reality this may not be the case.The 24-year rule does not in itself prevent arranged or forced marriages. The marriages can takeplace, but due to the 24-year rule the foreign spouse can only obtain a residence permit in Denmarkwhen both spouses have turned 24.The 24-year rule applies to anybody applying for spousal reunification.In accordance with international obligations to protect the right to a family the 24-year rule will insome cases be deviated from.This may be the case, for example, if the spouses are otherwise relegated to living as a family in acountry which the spouse living in Denmark cannot enter and in which he or she cannot take upresidence together with the applicant.Moreover, exceptional circumstances may apply if for reasons of serious illness or a seriousdisability it would be unjustifiable on humanitarian grounds to refer the spouse living in Denmarkto take up residence in another country that cannot offer him or her care or treatment.Similarly, exceptional circumstances may exist if the spouse living in Denmark has custody of orright of access to under-age children living in Denmark.

The condition is always disregarded if a refusal of spousal reunification would be contrary toDenmark’s international obligations, including Article 8 of the European Convention on HumanRights.In the nature of things, it is very difficult to obtain an accurate overview of the number of youngpeople in Denmark who are exposed to pressure or downright compulsion in connection with thecontracting of a marriage.Initiatives to prevent forced marriageIt should be noted, that the focus in Denmark is not only on forced marriage, but on honour relatedconflicts in general, which include forced marriage but also other forms of suppression andviolence. It should also be noted, that the victim of honour related violence can be both men andwomen, but women are strongly overrepresented.The initiatives in Denmark consist of:Special shelters for women and girls who are in danger of a forced marriage or has escapeda forced marriage or other forms of honour related violenceAftercare for these womenHotline offering advice for young people experiencing honour related violenceHotline for professionals dealing with the youngstersHotline for parents who experience conflicts with their teenagersInformation and advice to the municipalities, for example an internet based toolbox, andseminars on the topic of honour related violenceAttitude campaigns to prevent honour related conflictsMediation in honour related conflicts

based on gender, race, colour of the skin, religion or faith, age, disability or national, social orethnic origin, political views or sexual orientation was established.In May 2006, the Danish Parliament (Folketinget) adopted an amendment to the Act on GenderEquality. By this amendment the provisions on an equal gender composition on councils, boardsand committees etc. set up by a minister are extended so that also municipalities and regions arerequired to ensure the equal numbers of women and men are nominated for positions on councils,boards, committees etc. The Act came into force immediately after being passed.In 2007, Executive Order on initiatives to promote gender equality (ExecutiveOrder no. 340 of 10.April 2007)took effect. The Executive Order makes it possible to target pilot and developmentinitiatives at one of the genders for a period of up to two years in order to attract theunderrepresented gender. The Executive Order is directed at state and local government authorities.In addition to the above-mentioned legislation, Danish law applies an unwritten but legally bindingadministrative equality principle prohibiting unequal treatment because of gender, ethnic origin, etc.This principle is binding on public employers, public employment services and all other publicbodies.In May 2009 an Amendment to the Act on Gender Equality was adopted, aiming at having a moreefficient regulation on the gender composition in councils, boards and committees in the state,regions and municipalities by enhancing the sanctions if the law is not respected, e.g. by neglectingto propose both a man and a women or neglecting to give a comprehensive argument for the lack ofproposal. Changes are also made to the effect that the minister or municipality board can decide thata position can be left empty, if not both sexes are recommended, or if the argument to make anexception from the rules cannot be accepted. The Amendment also initiates that the authorities andorganizations focus more on the qualifications needed for a position, and by that have theresponsibility to think through their possibility to promote both a man and a woman on theindividual and organizational level.With respect to gender mainstreaming the work of the Steering Committee mentioned in the fourthperiodic report (E/C.12/4/Add.12) is still having momentum. In the period of 2004-2008, the overallpriority for the national gender equality work in all ministries has been the implementation of thegender mainstreaming strategy. A new “Action plan for the inter-ministerial gender mainstreamingproject 2007-2011” has focus on implementation, embedding, differentiation and management. Thefirst results have already emerged. All ministries formulated in 2008 gender equality policies and ane-learning course has been launched. See this link:http://lige.dk/dkmd/index.htmlEach year The Danish Minister for Gender Equality publishes the Government’s Action Plan forGender Equality. The overall vision for the future work regarding gender equality is to pave theway for long-term changes with substantial effect. These changes will create a higher degree ofgender equality and will ensure that women and men have equal opportunities and equal rights. TheGovernment is convinced that gender equality is the basis for democracy, growth and socialcoercion in Denmark.Gender equality and gender mainstreaming (concluding observations 14 and 25)Denmark aims at securing de jure as well as de facto gender equality for women and men. Womenand men have the same rights, obligations and opportunities in all fields of society in Denmark.

This is stated in section 1 of the Danish Act on Gender Equality, which reads that “The purpose ofthis Act is to promote gender equality, including equal integration, equal influence and equalopportunities in all functions in society on the basis of women's and men's equal status.” Thepurpose of the Act is also to counteract direct and indirect discrimination on the ground of genderand to counteract sexual harassment.Since Denmark submitted the fourth periodic report (E/C.12/4/Add.12) in 2004, work has been inprogress to strengthen the implementation of the gender mainstreaming strategy. Denmark hasinitiated several different initiatives with focus placed on measuring and monitoring developmentsin the area of gender equality and since 2007 efforts regarding information on gender equality andequal rights have been intensified. For example are all the bills from the Ministry of Employmentgender equality assessed.LegislationGender equality is a general principle and objective of Danish policy. Since 1976, changinggovernments have continuously worked to review and improve the quality of legislation and otherlegally binding rules to achieve legal gender equality between women and men.Denmark’s main acts on gender equality are:Act on Equal Pay (Consolidation Act No. 899 of 5 September 2008);Equal Treatment Act (Consolidation Act no. 734 of 28 June 2006);Act on Gender Equality (Consolidation Act no. 1095 of 19 September 2007);Most of the main acts on gender equality contain a range of common elements:Definition of direct and indirect discrimination, including provisions on harassment andsexual harassment;Exceptions for cases where otherwise illegal criteria are actual occupational qualifications,i.e. crucial for performing the work;Access to temporary special measures;Shared burden of proof;Victimisation rules, i.e. provisions protecting a person who demands his or her rightsagainst being adversely treated for that reason;Compensation provisions.Women in the decision-making- process/managementThe effort to get more women managers into the public and private sectors has only been partlyaccomplished, as women are still under-represented – especially in the private sector.Men still make up 90-95 per cent of top management in Denmark. Even if the public sector has aslightly higher proportion of women top managers than the private labour market, the difference isnot significant.The low number of women managers and economic decision-makers2is continuously beingaddressed through surveys, public debate, conferences etc., in order to promote attitude changes incompanies and institutions. In the public sector, plans of action for equality have been used (toReference is made to the written answers given in connection with the examination of the Third Periodic CEDAWReport in January 1997.2

pursuing their complaints about discrimination in the following way:The Board of Equal Treatment is an administrative authority with judicial powers. The Board is anindependent body, and thus not constrained by instructions or opinions from authorities or otherbodies on individual case handling and decision-making.The Board considers complaints related to discrimination based on gender, race, colour, religion orbelief, political views, sexual orientation, age, disability or national, social or ethnic origin. Anycitizen can without charge file a complaint to the Board of Equal Treatment.Once the Board has decided on a complaint, the Secretariat shall inform the parties of the possibilityof bringing the matter before the courts. Where the decisions made by the Board and the settlementsmade with the assistance of the Board are not observed, the Board, at the request of the complainantand on behalf of the complainant, must bring the matter before the courts for the complainant viathe Legal adviser to the Danish Government.Equal RemunerationThe pay gap is one of the most serious problems in the gender equality field. Many initiatives havebeen taken at both governmental and NGO level to promote progress.Women in Denmark have a high employment rate. In 2006, women’s employment rate hadincreased to 73.3 per cent, whereas men’s had decreased to 81.6 per cent. The high employment ratefor women unfortunately also means a gender division of the labour market, which has an impact onthe pay gap. This gender division is one of the important reasons why Denmark has the pay gap.Unfortunately, in the light of studies by The Danish National Centre for Social Research it is clearthat the wage differentials have not changed from 1996 to 2006. The government is continuously inclose contact with a number of major private enterprises in order to break down gender segregation.Attempts are made to make the gender divided labour market disappear, both horizontally andvertically, for instance through gender mainstreaming in recruitment and promotion, harmonisationof work and family responsibilities for women and men and initiatives to obtain equalremuneration.Examples of Danish initiatives include that the Ministry of Employment has created a website3withinformation on equal pay in Denmark in order to create more focus on the pay gap between menand women, regularly organizes seminars on equal pay 3 to 4 times a year and initiate continuouslyinvestigations on the problem. One of the latest studies will be published in November 2009 on thewage differences between parents and non parents was published in April 2009.

women has been higher than that of men. However, for the last months of 2008 and the beginningof 2009 it has changed and the unemployment rate of women has been lower than that of men.Table 3; Activity and employment rates in 2000 and 2008, broken down by gender and ageActivity rates Activity rates Employment Employmentrates 2000rates 20082000200816-66 years77.577.374.275.6Men81.480.278.278.7Women73.674.270.272.550-59 years79.783.376.181.460-69 years27.839.626.639.0Immigrants55.661.149.365.5ImmigrantsThe activity rate is the share of the population in the workforce. The employment rate is the share of thepopulation in employment. The difference between the activity rate and the employment rate thereforerepresents the unemployed share of the population. As regards persons aged 16-66 years, 2.8 per cent areunemployed. It should be noted that this unemployment figure is not the same as the ordinary unemploymentrate indicated above (unemployment as a percentage of the workforce).Men have higher activity and employment rates than women. However no big difference exists and lookingat the unemployment rates they are nearly the same for men and women.The older individuals become, the lower the rates get. Improvements have occurred since the latest reporting.Senior policy has been a very important issue on the agenda and several initiatives have been implementede.g. the so-called Senior Price to encourage an active senior policy in private and public enterprises andinstitutions.As to regions and geographical areas only small variations exist concerning employment and unemployment.The activity rates vary between 76,4 and 78,4 per cent and the employment rates between 74,6 and 77,2 percent. The unemployment rates vary between 0,8 and 4,1 per cent in the municipalities.As regards immigrants, both the activity rate and the employment rate are significantly lower than for therest of the population although an important increase had taken place since 2000. Therefore, integrationmeasures are being undertaken aimed at increasing the employment rate among immigrants.Likewise, Denmark has a relatively high unemployment rate among persons of an ethnic background otherthan Danish.

Extending the knowledge of good practices regarding labour market inclusion of ethnic minoritiesis a constant concern for the Government. A diversity programme targeting enterprises isimplemented from 2006-2011. The programme consists of a range of initiatives, including visits toprivate enterprises, where a team of consultants passes on the lessons learned and offers advice onmanagement of diversity. Furthermore, national campaigns regarding mentor arrangements havebeen initiated.In order to further promote the dissemination of good practices on integration, a team of consultants(‘the Integration Team’) has been set up by the Ministry of Refugee, Immigration and IntegrationAffairs. The consultants have specific knowledge of integration, especially with respect toeducation and employment. The consultants are disseminating good and practical experiences frommunicipalities, educational institutions, and enterprises.In 2007 the Government has launched a programme targeting women with ethnic minoritybackground. The programme is running from 2007-2011 and is aiming at enhancing network,employment, and entrepreneurship among women and at the same time strengthening developmentand integration of their children.For further information on measures to reduce unemployment reference is made to Danish reportingconcerning international conventions listed below:International Labour Organization (ILO) Employment Policy Convention, 1964 (No. 122). Thelatest Danish report was submitted to the ILO Committee of Experts in 2007.ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The latest Danishreport was submitted to the ILO Committee of Experts in 2007.International Convention on the Elimination of all forms of Racial Discrimination. The latestDanish report was submitted to the Committee on the Elimination of Racial Discrimination on 6July 2009.International Convention on the Elimination of all forms of Discrimination Against Women. Thelatest Danish report was submitted in 2008 (CEDAW/C/DEN/7).Regarding the Danish system of collective bargaining, working conditions etc., reference is made tothe reporting concerning articles 7 and 8.

Anti-discriminationDenmark has ratified ILO Convention No. 111 concerning Discrimination in Respect ofEmployment and Occupation.Discrimination on the labour market on the basis of race, colour, religion or belief, political opinionor national or social origin is covered by the Act on Prohibition against Discrimination on theLabour Market etc. from 1996 with subsequent amendments. The latest Consolidation Act is from2008; cf. Consolidated Act No. 1349 of 16 December 2008.According to the act, an employer shall not discriminate against employees or applicants forvacancies in connection with recruitment, dismissal, transfer, promotion or with regard to pay andworking conditions. Discrimination with respect to pay conditions shall be taken to occur in case offailure to give equal pay for equal work or work of equal value. Certain provisions in the Act giveaccess to deviate the prohibition against discrimination in particular situations.According to article 6 (1) in the Act on Prohibition against Discrimination on the Labour Marketetc. the prohibition of discrimination on the grounds of political opinion, religion or belief shall notapply to employers whose enterprise has the express object of promoting a particular political orreligious viewpoint or a particular religious persuasion, and where the employee’s political opinion,religious conviction or persuasion may be deemed to be of importance to the enterprise.

According to article 6(2) the prohibition of discrimination can be deviated, if it is of decisiveimportance to the exercise of certain types of occupational or training activities that the personconcerned is of e.g. a particular ethnic origin. The requirement must be reasonable relative to theoccupational or training activity. The competence to grant exemptions is placed with the ministries,who handle the conditions of the occupation or training activities concerned. Before exemptions aregiven the appropriate minister shall obtain an opinion from the Minister for Employment. Only fewexemptions have been given.Regarding gender in particular, reference is made to the remarks to Concluding Observation Para 14and Concluding Observation Para 25, which have been incorporated in the text concerning article 3.Safety and health at the work placeThe Act on Working Environment, cf. Consolidation act no. 268 of 18 March 2005, as recentlyamended by Act no. 1395 of 27 December 2008, regulates the employees’ safety and health.Reference is made to previous reports regarding this issue and enforcement of the act.In the period 1 June 2001 to 1 March 2009, 47 ordinances were issued, including amendingordinances that are still applicable with the legal basis in the working environment act.For statistics on reported industrial accidents and reported occupational cases of illness, reference ismade to the tables 1, 2 and 3 below:Table 1: Reported industrial accidents 2002 - 2007 to the Danish Working Environment Authority, distributedbetween severity and year of registration.

Screening of all enterprisesAs from 1 January 2005 and for the following seven years, the Working Environment Authority(WEA) will screen the health and safety conditions of all Danish enterprises with employees.Subsequently, all enterprises will be screened approximately once every three years. Enterprisesprioritized for inspection will be screened approximately every two years.Furthermore it should be mentioned that the WEA has established a “smiley” scheme with thepurpose of making the working environment standard at an enterprise known to the public.New system of Authorised Health and Safety ConsultantsFrom 2005, the system of compulsory membership in an Occupational Health Service for certainsectors was replaced by a system of Authorised Health and Safety Consultants. Followinginspections, the WEA may issue a consultancy notice and enterprises are then obliged to call in anAuthorised Health and Safety Consultant to help solve their working environment problems.Consequently, membership of an Occupational Health Service was made fully voluntary.For further information on occupational safety and health issue in Denmark reference is made toDanish reporting concerning international conventions listed below:Weekly Rest (Industry) Convention, 1921 (No. 14). The latest Danish report was submitted to theILO Committee of Experts on 1 September, 2008.Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106). The latest Danish report wassubmitted to the ILO Committee of Experts on 9 November , 2008.Labour Inspection Convention, 1947 (No. 81). The latest Danish report was submitted to the ILOCommittee of Experts on 16 October, 2008.Labour Inspection (Agriculture) Convention, 1969 (No. 129). The latest Danish report wassubmitted to the ILO Committee of Experts on 9 November, 2008.Occupational Safety and Health Convention, 1981 (No. 155). The latest Danish Report wassubmitted to the ILO Committee of Experts on 19 December, 2005.

be around 19½ years in the long term. If life expectancy does not change compared to lifeexpectancy in 2004/05, the early retirement age stays at 62 years and the pension age at 67.New legislation - Job planIn order to remedy the lack of manpower the Government concluded an agreement on a Job plan theaim of which is to increase the supply of manpower and create better financial conditions forseniors who wish to stay on the labour market beyond the age of 65.The amendment introduced by the Minister for Social Welfare on 28 March 2008 is aimed atseniors who have already retired, and those who receive social pension and who wish to increasethe income from pensions by an additional earned income and at seniors who wish to defer thepension.Income adjustment:Entitlement to pension allowance and personal allowances is calculated on the basis of all taxableincome, inclusive of pension. Under the new provision the first DKK 30,000 of earned income byold age pensioners shall not be taken into consideration in the calculation of personal allowances (ase.g. the means-tested personal allowance, pension allowance, supplementary pension allowance andhealth allowance).Deferred pension:For persons who meet the requirements for deferred social pension the number of compulsoryannual working hours shall be reduced from 1,500 hours to 1,000 per year in order to favour a moreflexible transition from working life to retirement.The provisions entered into force on July, 1st2008.Supplementary pension allowanceOn July 1st2008 the Danish parliament adopted an amendment to the Social Pension Act to theeffect that the supplementary pension allowance was increased to a maximum of DKK 10,000 witheffect as of January 1st2009. The allowance is means-tested.Rates of social (old age) pensionOld-Age Pension per Month (DKK)January 2009Non-single persons:Basic amount5,254Pension supplement2,470Total7,724Single persons:Basic amount5,254Pension supplement5,289Total10,543

Ordinary child allowanceis payable to single parents and to parents who both receive apension under the Social Pensions Act. The allowance isDKK 4,696 annuallyas at January2009.Extra child allowanceis payable as a supplement to the ordinary child allowance to singleparents who have the child living with them. The allowance isDKK 4,780 annuallyas atJanuary 2009 irrespective of the number of children.Special child allowanceis payable to children who have lost one or both parents, or whenpaternity has not been determined. Furthermore, a child may qualify for the specialallowance if one or both parents receive a pension under the Social Pensions Act and insome other cases. As at January 2009, the special child allowance isDKK 13,536 annuallyper child. An orphan, however, receives twice this amount.

Advance payment of child support.Any amount of child support fixed in pursuance of theChildren Act remaining unpaid on the due date for payment may be disbursed out of public funds tothe person entitled to require child support. Advance payment may be required as to the amountprovided for by the Children Act, but not exceeding the standard amount of child support, that isDKK 13,536 annuallyas at January 2009.Both family allowances and child allowances are free of tax and paid quarterly, independent ofincome.Health care for childrenPreventive health schemes for children and young peopleAll children under school age are entitled to 7 free preventive health examinations by a generalpractitioner. The aim of the examination is to give the child the best conditions for developinghealthily – physically, psychologically and socially. The costs are covered by the regions.Through the health visitors the local authorities, as part of their health care programme, areresponsible for giving free advice, assistance and health examinations to check the functionaldefiances of school children until the end of their compulsory education. The local authority healthservice also covers a health examination by a doctor of all children in the first year of school, and anexamination of all children before leaving school. Furthermore, there are examinations by a doctoror a nurse throughout the school years of children who are considered to need such examinations.All children and young people under the age of 18 have the right to free preventive dental care andtreatment provided by local authority.Home-nursingAll citizens in a municipality are entitled to home-nursing. When prescribed by a generalpractitioner, the municipalities must provide home-nursing free of charge. Moreover, themunicipalities are obliged to provide all necessary appliances free of charge. Home-nursing provestreatment and nursing at home who are temporarily or chronically ill or dying.In the social area, care and assistance to people are governed by the Danish Act on Social Services.This act lays down a number of provisions in form of care, aids etc. that enables persons, e.g.people with disabilities or older persons, to remain in their normal living environment for as long aspossible.

Year 2007326,93612,907339,843Source: Statistics Denmark96% of all children between 13-17 years of age in Denmark are enrolled in education. Education isthus the primary activity for the majority of the children.Children who are under 13 years of age may not work except when this concerns participation incultural and artistic activities, which however requires a police permit.(b) The number of children in employmentThe number of children in employment, distributed between year, age and gender:Table 4. The number of children in employment, distributed between year, age and gender.Number in the entire populationAge/gende Number in employmentr2003200420052006200720082003200420052006160241389013588140581425010130461017578 1018146 10209390-14-year-16389oldsMen995295228218802981598120519597521717521823522965Women64376502567255595899613049344949586149632349797485086834508224685210896309282717725718138418734319426415-17-year-oldsMen45531442644338344653463414762190385932949630799835Women39555391863886340557432894520686872880909103694429

When referring to children under 18 and the type of work they perform, experience shows that thisnormally concerns lighter work, e.g. work in shops, kiosks, department stores, cinemas and family-owned businesses.Statistics Denmark uses, among other things, incomes with occupation as a background and allpersons who have earned at least DKK 9,207 in the course of one year (corresponding to at least 80hours’ work with a calculated minimum wage at the 2005 level), are included in the occupationfigures for the year concerned.In Denmark, children under the age of 13 are not allowed to work. Since table 7 neverthelessfigures children under the age of 13, this is because some children earn more than DKK 9,207 peryear by participating in cultural and artistic activities and are thus included in the statistics.The ordinance regarding juveniles’ work was changed in April 2005. The new regulations containthe following significant changes:15/16 year-olds and “not covered by compulsory schooling”:In addition to the applicable agerequirement of 15 or 16 years for occupation with technical auxiliary tools and systems, workprocesses with substances and materials within agriculture and on the cleaning area arequirement has been inserted “and not covered by compulsory schooling”.Solo work:Net cafés have been added to the list of shops where children may not work aloneafter 6 p.m. on weekdays and 2 p.m. on Saturdays, Sundays and public holidays.Respiratory protection:Previously applicable permission to work with hazardous substancesand materials just as long as the youngster works with respiratory protection has been revoked.The age limit is 18.Placement of the working hours:The regulations regarding the placement of working hourshave been simplified. The main rule is that children may not work between 8 p.m. – 6 a.m. Inoffices, shops and petrol stations for example, children may work until 10 p.m.Referral to the restaurant act:The restaurant act establishes that at places where alcoholicdrinks are served, persons under 18 may not be employed during opening hours.Delivery of daily newspapers:The delivery of daily newspapers has changed from 4 a.m. to 5p.m.Harmless machines:The use of harmless household or office machines is permitted.

Substances and materials:Children who are 13-15 years old or who are covered bycompulsory schooling may not work with or be in the vicinity of hazardous substances andmaterials.In 2006, the theme for the European Working Environment Campaign was “Safe Start”. The sloganfor the Danish campaign was “Safe Job Start” and the purpose was to provide children with a safestart in working life. As something special for the working environment week in 2006, workingenvironment tuition at schools and at other education institutions was also in focus.With regard to marriage.According to Danish law, several requirements must be met in order for amarriage to be valid. The marriage must be contracted before a public authority or before a ministerof religion either belonging to the Danish National Evangelical Lutheran Church or belonging to anapproved religious community. In the latter case the minister must also be authorized to officiate ata wedding. Finally, it is a requirement that both parties are present at the wedding.If it is suspected that one party is being forced to contract the marriage, the marriage authority maysuspend the wedding ceremony, until it has been established, that the party is not being forced tocontract the marriage.”Referring to concluding observation 21The strategy for homeless peopleTo identify the scope of homelessness in Denmark and establish a better basis for developing futureinitiatives for homeless people, the government initiated a census of homeless people and amapping of local authority demand for homes and residential homes for homeless people in spring2007.Denmark’s first census of homeless people counted some 5,200 homeless people in week 6 of 2007.It also showed that homeless people are mainly centred in major urban areas, primarily inCopenhagen and the local authorities surrounding it. The next census is set for 2011. TheGovernment has also recently introduced a bill aimed at reducing the increasing number ofevictions (please also see under art. 11 “The right to adequate housing.”)Contents of the homeless strategyFor the period 2008-11, around DKK 500 mio. (roughly the equivalent of EUR 70 mio.) have beenallocated for initiatives aimed at helping the largest possible number of homeless people out ofhomelessness.The goals of the strategy are as follows:to reduce the number of homeless people living in the street;to find solutions for young people other than a place at a reception centre;to limit the stay at reception centres to 3-4 months for residents ready to move to homesprovided they are given the needed support; andto solve homeless people’s housing problems before they are discharged from treatmentinstitutions or released from prisonThe allocated means will be distributed in negotiations with the local authorities, which have thegreatest problems with homeless people as well as from a pool for housing assistance schemes.

The local councils from selected local authorities with major homelessness problems will set uptargets for reducing homelessness; targets springing from the four strategy goals. All activities mustbe planned with these goals in mind. Monitoring the strategy will concurrently ensure that activitieswork as intended and allow intervention if this is not the case.Another pivotal element of the strategy is that Denmark must develop and test methods at authorityand supplier levels; methods set up on the basis of the activities realised in local authorities and thecurrently best available knowledge in the area. The aim is to develop methods in activities forhomeless people, methods that have a documented effect and can therefore be communicated toother local authorities in Denmark.The local councils are responsible for and play key roles in implementing the means allocated to thehomeless strategy through adopting local homeless plans with specific goals for reducinghomelessness at local levels and are obliged to continue the activities beyond the period covered bythe allocation.Regarding concluding observation 27“By 1 January 2007 the local government reform came into force. As of this date the number oflocal authorities was reduced from 271 to 98. Moreover, the 14 counties were abolished and 5 newregions were established.The local government reform included a comprehensive reorganisation of tasks in the public sector.It defines a new structure of the public sector:The Government lays down the general framework. The larger and more sustainable municipalitiesare responsible for most of the welfare tasks, i.e. citizen-related tasks, and therefore become theprimary access point to the public sector for citizens. The five regions are responsible for the healthcare service, preparation of regional development plans and solution of certain operational tasks forthe municipalities, e.g. operation of a number of social institutions.”The Danish Criminal Code and the Act on Exclusion(including with regard toconcludingobservations 17 and 30)Acts of violence against women are punishable under section 244-249 of the Danish Criminal Code.These provisions cover acts of violence irrespective of the gender of the victim (except for section245a which deals with female genital mutilation only, see below). In determining the sentence,account shall be taken, inter alia, of the seriousness of the offence, according to section 80 of theCriminal Code. This assessment includes information regarding the victim, including any elementsthat may be specific to female victims.By Act No. 449 of 9 June 2004, the Act on Exclusion (bortvisningsloven) was adopted authorizingthe police to exclude a threatening and violent adult from the home for a period of four weeks, ifthere is reasonable cause to suspect the person of having committed a criminal offence, such asviolence against another member of the household. It is a condition for exclusion that the criminaloffence the person is suspected of having committed has a minimum penalty of 1 year and 6 monthsimprisonment according to the Criminal Code. In addition, exclusion can only take place if there isreason to believe that the person will commit additional offences if he or she stays in the home. Theexclusion also has to be proportional.

It is also possible for the police to issue a restraining order, prohibiting the excluded person tointrude, pursue with written communication or inconvenience another member of the household inother similar ways. It is also an option for the police to order the excluded person not to comewithin a certain distance of the home, the workplace or the place of education of a member of thehousehold.In December 2006, the Research Division of the Ministry of Justice evaluated the effects of the saidAct. The evaluation report shows that from 1 July 2004 to 9 June 2006, the act has been applied in54 cases - 45 of these involved exclusion from the home. The cases primarily concerned violenceaccording to section 244 of the Danish Criminal Code, the excluded persons were all men, and theexclusion took place on the basis of a request from the victim.A new evaluation of the effects of the Act on Exclusion will be available in the end of 2009.In situations where the couple does not live together, it is possible for the police to issue a cautionaccording to section 265 of the Criminal Code.Section 265 of the Criminal Code states that a person who violates the peace of another person byintruding, pursuing with written communication or inconveniencing that person in other similarways, despite a prior caution from the police, shall be liable to a fine or imprisonment for any termnot exceeding two years. A caution issued under this provision shall remain effective for five yearsand is typically issued in connection with the dissolving of marital relations with the purpose ofpreventing a person’s contact with a previous spouse or partner. A caution will usually be issued bythe police on request of the person in need of protection but it is also possible for the police to issuea caution on their own initiative, if it is deemed necessary to prevent serious assaults etc.Initiatives by the National PoliceIn August 2007 the National Police (Rigspolitiet) issued a national strategy to combat domesticviolence and jealousy motivated homicides. The central elements in the strategy are establishingspecialised units in all police districts, cooperation between authorities and efficient use of theexpulsion and restriction order legislation.

Furthermore, in January 2007 the National Police issued a national strategy to combat honourkilling and other culturally or religiously motivated crime. In connection with the strategy theNational Police initiated a monitoring system. To this end the police districts continuously andsystematically report to the National Police any information of relevance in combating honourrelated crimes. On the basis of the compiled information and analysis the police are able to reactproactively and goal oriented towards suspicions of honour related crime.StatisticsIt is estimated that approximately 70,000 women aged 16-64 are exposed to physical violence on anannual basis. In 40 per cent of the total number of violence cases, the perpetrator is a present orformer partner, which means that approximately 28,000 women aged 16-64 are the victims ofpartner violence every year. It is estimated that approximately 29,000 children aged 0-15 are thevictims of domestic violence on an annual basis. Approximately 2,000 women and a similar numberof children move into shelters every year.

In the period 2000-2005, there was an estimated fall of one third in the number of women victims ofpartner violence. This is partly seen as a direct result of the Government’s action plans.Independent evaluations have been drawn up of the Government’s first and second action plans ongender based violence and on the basis of these a new National Strategy on violence in closerelationships is currently being drafted.Female Genital Mutilation (FGM)Female genital mutilation - with or without consent from the victim or her parents - is a crime undersection 245a, of the Danish Criminal Code. The maximum penalty is 6 years of imprisonment or, incase of particularly aggravating circumstances, 10 years of imprisonment.Where the perpetrator is a Danish national or resident in Denmark, female genital mutilation issubject to Danish criminal jurisdiction and punishable under section 245a of the Danish CriminalCode regardless of whether the act was committed in Denmark or abroad and regardless of whetherthe act was a criminal offence under the law of the State where the act was committed.The Danish Courts passed their first sentence in a criminal case concerning violation of section245a in the Danish Criminal Code in January 2009. The parents of three girls were charged withviolation of section 245a and attempt hereon, partly by co-operating in bringing the two oldest girlsto Sudan where an unidentified person living in Sudan performed a female circumcision on both ofthe girls, and partly by planning on travelling to Sudan with their third and youngest daughter withintention of co-operating in having her circumcised as well. The plan on bringing the youngestdaughter to Sudan did not succeed as both parents were arrested before departure. The father of thetwo girls was acquitted, but the mother was convicted of contributing to the circumcision of the twooldest girls and acquitted of the matter concerning the youngest daughter. The mother wassentenced with imprisonment for 2 years, whereof the execution of 1 year and 6 months wassuspended with a period of probation on 3 years. Furthermore it was imposed on the mother to paycompensation amount to DKK 25.000 to each of her daughters.Trafficking: The Criminal Code(includingwith regard to concluding observations 19 and 32)The Criminal Code section 262a identifies trafficking of human beings as a specific criminaloffence. Under section 262a, which was introduced into the Danish Criminal Code in 2002,trafficking is punishable with a prison term not exceeding 8 years.The Council of Europe Convention on Action against Trafficking in Human BeingsDenmark ratified the Council of Europe Convention on Action against Trafficking in HumanBeings in September 2007. Previous to this, in June 2007, the Danish Parliament adopted a billintroducing the necessary legislative amendments in order to implement the Convention in Danishlegislation.The Danish Anti-Trafficking policySince 2002 the Government has launched two action plans to combat trafficking in human beings.As part of the implementation of the plans a large range of initiatives have been initiated aimed atsupporting victims of trafficking, prosecuting the criminals organizing the trafficking as well asinformation activities.

The Danish Anti-Trafficking Centre was officially established in September 2007. The centremanages the social dimensions of the national Action Plan to Combat Human Trafficking 2007 -2010, and has three executive goals:To improve the social assistance to victims of human trafficking.To coordinate collaboration between social organizations and other public authorities.To collect and convey knowledge in the field of human trafficking.A wide variety of support assistance is offered to victims of human trafficking, including:The identification of victims of human trafficking through outreach work.Healthcare, including medical, psychological and dental care.Legal advice, including information regarding legal rights and opportunities, as well asassistance during police raids.Various skills-training courses for authorities dealing with trafficking.Up to 100 days accommodation in a shelter or protection centre as part of a programme ofprepared return.Arranged repatriation of victims of human trafficking in cooperation with organisations inthe countries of origin, including information on the possibilities available in the country oforigin, the preparation of travel documents, accompaniment during travel, cooperation withan organization/NGO in the home country upon arrival, help regarding accommodation,treatment and implementation of an alternative livelihood.Besides the above mentioned tasks, the Anti-Trafficking Centre is responsible for the organisingand coordination of the social work in connection with victims of trafficking. For this purpose local,regional and national contracts with a variety of different NGO's and social organisations inDenmark has been made; such as the Competence Centre Prostitution, The Nest International, PRO-Vest, Danish Red Cross and Save the children Denmark. The Competence Centre Prostitution andthe two regionally based organizations The Nest International and PRO-Vest are being funded bythe government to do outreach work in the sex trade industry, including identifying and counsellingvictims of trafficking and running a safe house. The Danish Red Cross and Save the Children focuson possible child victims of trafficking and collect figures in this field.In September 2006 the National Police issued a national strategy for reinforced police action againstcriminals who control prostitution. The strategy is aimed at human trafficking and seriousprostitution related offences, for instance procuring.The central points of the strategy are focus on the criminals who control prostitution, local strategiesand plans of action, allocation of the necessary resources, systematic collection, processing andanalysis of intelligence, reinforced control activity, proactive and targeted investigations, carefultreatment of victims and witnesses, supplementary training of police personnel, cooperation withauthorities and organisations and preventive measures.The strategy is followed by yearly status reports. The latest regarding 2008 was published in March2009.Sexual exploitation of childrenThe Government attaches great importance to securing a high level of legal protection against childpornography and sexual exploitation of children, and the Government has continuously taken newinitiatives to secure a high level of protection of children against such crimes in any form.

The following legislative initiatives have been implemented in recent years:By Act No. 165 of 28 March 2008, the Danish Administration of Justice Act was amended in orderto increase the possibility of preventive detention, in cases e.g. regarding sexual abuse of childrenunder the age of 15 years.By Act No. 490 of 17 June 2008, the Parliament adopted a comprehensive revision of the generalprovisions of the Criminal Code concerning Danish criminal jurisdiction. The existing mainprinciples on Danish criminal jurisdiction have been carried out with some extensions of the scopeof jurisdiction in certain areas, such as e.g. the protection of victims with relations to Denmark. Theregulation inter alia extends jurisdiction as regards the dissemination of material such as childpornography via the Internet.Furthermore according to section 222 of the criminal Code, enacted by Act No. 501 of 17 June2008, it must be considered an aggravating circumstance if the perpetrator has gained intercoursewith a child by exploiting his physical or psychological superiority.By Act No. 319 of 28 April 2009, the Parliament adopted the necessary legislative amendments inorder to implement the Council of Europe Convention on the Protection of Children against SexualExploitation and Sexual Abuse – signed on 20 December 2007 – in Danish legislation.National strategy against sexual exploitation of childrenDenmark is currently drawing up a new joint national strategy against sexual exploitation ofchildren, as the previous national action plan has become outdated.The new national strategy is to help facilitate new relevant ideas on how to combat sexualexploitation of children and sum up the current initiatives and best practises.Among these current initiatives are the Danish campaign against child sex tourism, the initiative ofproactive police investigations on the internet to counter grooming and the Danish ChildPornography Filter, which is known internationally for its groundbreaking and efficient technology.

To be able to plan the initiatives in the best possible way, the Government prepared the actionprogramme on the basis of a hearing in the Council for Socially Marginalised People and amongother organisations in society that represent the disadvantaged groups. In accordance with thewishes of the Council for Socially Marginalised People and the organisations, the resulting actionprogramme contained initiatives in several areas. The programme contains specific out-reach andcontact-creating initiatives, where the authorities and civil society organisations, which often find iteasier than the authorities to create the first successful contact to the disadvantaged people, willinitiate a positive development that may help disadvantaged people into employment in the longterm. Moreover, the action programme also contains more targeted employment initiatives that helpcreate more opportunities for employing disadvantaged groups in the labour market and upgrade thecompetencies of disadvantaged people. An account is given below of the initiatives initiated so farin relation toOur Collective Responsibility II.Mentor schemesWith a view to helping disadvantaged people into employment, projects have been established withmentors who are affiliated to the shelters where many disadvantaged people stay.A follow-up to the projects in the first year showed that the target groups in the projects areburdened by more problems than assumed. This is due to the generally favourable employmentsituation at the time, which means that the best-functioning of the disadvantaged people have foundpaid employment themselves.The largest target groups for the projects were mentally ill substance abusers and persons withphysical challenges. Approx. 53% of them have bad labour market experience. Seventy per cent ofthe enterprises cooperating with the projects are private ones. No information is yet available on theeffect of the initiatives.Establishing enterprise centresSince 2006, more than 100 private or public enterprises have established enterprise centresaccording to agreement with the local job centre. An enterprise centre employs a group of at leastfour benefit claimants that have problems other than unemployment. Work is integrated in theenterprise’s normal operations and can be supplemented by various forms of activities that supportthe unemployed person on his or her way to the labour market. Experience gained so far shows thatparticipants have very poor qualifications for performing a job, including a very long period ofunemployment. Still, the results are better than for other forms of activation.A pilot project following the same model has subsequently been launched, but for vulnerable youngpeople. Young people’s social psychological problems are solved in an integrated effort with anemployment-oriented programme in an enterprise. The pilot project is expected to include eightenterprises.Special supplementary training courses for socially disadvantaged groupsA supplementary training project will be set up, under which socially disadvantaged people withqualifications in a certain field can complete a special supplementary training course, an initiativethat will eventually ensure that they can get a job within their field.Establishing special training programmes for caseworkers

In autumn 2007, the Danish School of Public Administration held 20 courses for up to 500caseworkers. The courses were based on the challenges that caseworkers face with disadvantagedgroups. Much time was spent on identifying caseworker processes, i.e. training skills. A specialtraining programme aimed at both outreach social workers and caseworkers in the administrationswill be established. External providers will conduct the training programme.One example is the projectFrom disadvantaged to appreciated,which aims at helping sociallydisadvantaged people set up their own businesses. Almost 100 users submitted proposals forbusiness plans, eleven of which were chosen. These users can use business managers as personalsounding boards for six months. Other projects involve the granting of micro loans to entrepreneursamong socially disadvantaged people and the launch of recycling projects.Forming marginalised-people teams in the local authoritiesPilot projects will be launched on establishing special interdisciplinary teams of local authoritysocial workers. Like the rest of the population, socially disadvantaged groups need assistancethrough public social, health and employment services. Moreover, they need special support withproblems that are often severe and complex. The aim of establishing marginalised-people teams isthus to make it possible to take swift action when a citizen approaches a social worker for helphandling substance abuse or health problems or finding a road towards employment. Ten localauthorities have received grants.Establishing satellite offices in socially disadvantaged areas“Satellite offices” are being set up in places where many people with severe social problems live,ghettos for example, to provide easy access to help and support from public authorities. Easy accessto caseworkers is crucial when citizens run into a situation requiring assistance from the socialauthorities. Locating satellite offices in socially disadvantaged citizens’ neighbourhoods creates anorganisation that promotes a more informal contact with public authorities. This makes it easier fordisadvantaged citizens to learn of and benefit from the services offered by the public system. Eightlocal authorities have received grants to establish satellite offices.The initiatives are aimed at better qualifying local authorities to provide the right help at the righttime to socially disadvantaged citizens. The initiatives will mean that the local authorities’ servicesand other support to socially disadvantaged citizens are given where the citizens live, and that allproblems are considered as part of the case work. The initiatives help ensure that assistance isprovided at the right time, namely when the citizen is ready to re-enter his or her life.Results of the efforts must be documented for each initiative and in each project launched as part ofthe realisation of “Our Collective Responsibility II.”Skills upgrading for groups with reading and spelling difficultiesAnother major initiative in 2007 was upgrading the skills of persons who lack reading/spellingcompetencies. The project is part of the Welfare Agreement, and the objective is to assess thereading and spelling skills of 5,000 unemployed persons. If necessary, they will be offeredupgrading of their skills. One thousand persons are expected to have such need.Starting allowance

The Government has continuously initiated analyzes and surveys on the effects of the reduced cashbenefit the so-called starting allowance, and the surveys show positive results.Statistics from the Ministry of Employment shows that relatively more foreigners receivingintroduction allowance on the level of starting allowance gets into ordinary employment thanforeigners receiving introduction allowance on the level of cash benefit. A survey from April 2007carried out by “The Rockwool Foundation” confirms these tendencies. The survey shows that 56percent more persons receiving the starting allowance get into ordinary employment than is the casefor persons receiving the higher cash benefit.On this basis, it is the Government’s intention to uphold the starting allowance as an important toolto entice persons receiving cash benefits from the State to seek employment. In the context ofintegration, it is still the Government’s view that active labour market participation is the main keyto successful integration into Danish society.The Eastern High Court rendered a decision 24 April 2009 in a civil case, where a plaintiff hadpleaded that the fact that he had received starting allowance constituted a breach of internationalobligations, amongst those article 11 of the UN Covenant on Economic, Social and Cultural Rights.The Court came to the conclusion that no international convention has been breached, and the Courtstated that the rules in the Danish legislation serve a legitimate aim.Furthermore, the Government has in June 2007 put forward a wide range of initiatives which shallensure that more women with ethnical background become active citizens in the Danish society.The right to adequate foodIn Denmark adequate food is provided to all groups of the population in all areas of thecountry. Today, food security is therefore not an issue in Denmark. Currently, the key issueregarding food policies in Denmark is to ensure a high level of food safety and to encourage thepopulation to consume healthy and diversified food.The right to adequate housingAs mentioned in art. 9 the government has launched a new strategy regarding homelessness.Please also see The Fourth Periodic Report article 11 D, paragraphs 350-352, 292-298, 313-314,and 329-339.The total number of social housing units in Denmark is 550.000, which is 20 percent of the totalnumber. Social housing is let to tenants through waiting lists. The government does not haveinformation about the average length of waiting time, as the waiting list are administered by thenon-profit housing organisations, who are under inspection by the local authorities. 42.000, 8percent, of the social housing units are placed in rural and remote areas.According to the Danish Act on Social Housing etc., the local council has the responsibility toprovide the necessary amount of social housing for the elderly and people with disabilities with aspecial need for such accommodation.Please also see the fourth periodic report article 11 D, paragraphs 298-302, 306, 332, 340-344.

An analysis on forced evictions in Denmark was carried out by the Danish National Centre forSocial Research in 2008. The report concludes that the main reasons for tenant evictions are lowincome, low disposable income, large debts, a relatively large proportion of income spent on rent,and poor financial management. Tenants with an ethnic background other than Danish have aslightly larger risk of being evicted, than tenants with a Danish background. Other groups with anincreased risk of being evicted are recipients of cash assistance from their municipality, single men,single mothers, young people and tenants with a short education.I.e. there are no specific groups, such as ethnic minorities who are particularly affected by forcedevictions. And accordingly hereto there are no measures taken to prevent discrimination.According to the records of the Danish Court Administration the total number of forced evictions inDenmark, as a result of payment default, increased from 2,614 evictions in 2004 to 3,762 in 2008.Recorded number of forced evictions in Denmark during the period2004 to 2008.20042,61420052,84120062,84920073,37720083,762Source: Danish Court Administration.

As a consequence of double registrations, the records of the Danish Court Administration slightlyoverestimate the number of households being evicted. The Danish Ministry of Interior and SocialAffairs estimates that the actual number of households being evicted is approximately 10-15 percent lower than the figures above.All tenants in non-profit as well as private housing are protected against eviction, which is regulatedin the Rent Act. I.e. tenants basically have security of tenure as long as they comply with the termsof the lease.Thus the letter or the housing association can only terminate the lease in the special circumstances,described in The Fourth Periodic Report article 11 D, paragraphs nr. 313 – 314.Furthermore the lease can be terminated if the tenant fails to pay the required rent, and the peoplewho suffer from forced eviction are in general people who do not pay their rents.Most rental dwellings are subject to rent regulation see also The Fourth Periodic Report article 11D, paragraph nr. 315.Housing AgreementsIn the 2006 housing agreement and the 2007 housing agreement the Government agreed to expandthe current investment facility for renovation in the most deprived areas by DKK 2.125bn in 2006and by DKK 2.400bn in each of years 2007-2012.Further DKK 2.200bn was allocated for social and preventive measures, as well as for localcoordination and evaluation in social housing divisions where substantial problems of a financial,social or other nature have been found, including high rent, high rate of turnover, large share ofoccupants with social problems, violence, vandalism or run-down buildings and open spaces in themost deprived areas in the period 2006-2010.With regard to concluding observations 21 and 34

Reference is made to the extensive explanation of the Danish legislation regarding anti-discrimination in the Danish follow-up report (E/C.12/Q/DNM/1). The Act on Ethnic EqualTreatment is applicable also to housing.With regard to concluding observation 27In 2002 the Danish Government established a Commission on Administrative Structure. In January2004 the Commission on Administrative Structure published its conclusions and in April 2004 thegovernment presented its proposal for a reform of the structure of the public sector in Denmark.The Danish local government reform came into force on January 1 2007 and meant a new divisionof municipalities and regions and a new distribution of tasks between municipalities, regions andthe state. As an outcome of the reform 98 municipalities replaced the previous 271 and 15 countieswere abolished and 5 regions were created.The Government lays down the general framework. The larger and more sustainable municipalitiesare responsible for most of the welfare tasks, i.e. citizen related tasks, and therefore become theprimary access point to the public sector for citizens. The five regions are responsible for the healthcare service, preparation of regional development plans and solution of certain operational tasks forthe municipalities, e.g. operation of a number of social institutions.”The Danish local government reform has not had any impact on the marginalised groups of society,since the reform didn’t have any implications on the Danish policy on socially marginalised groupsnor in the type and number of benefits socially marginalised groups receive.Strategy against ghettoizationThe Government wishes to ensure that all citizens benefit from the opportunities a modern everydaylife in a democratic society has to offer. All citizens should have a life characterized byopportunities and free choice. In 2004 the Government introduced its anti-ghettoization strategy, asghettoization is found to be a significant barrier for integration into social life, the educationalsystem and the labour market. The strategy aims at improving the conditions for all residents indeprived urban areas, including crime prevention, education, employment initiatives etc. Some ofthese areas have a resident composition of more than 90 per cent immigrants, refugees anddescendents. Therefore the anti-ghettoization strategy also contains a wide range of specificintegration initiatives.Within the framework of the strategy against ghettoization a Programme Board for Dialogue andBalance in Vulnerable Neighbourhood composed of representatives from the housing sector, thebusiness sector and local councils was established for the period 2004-2008. The purpose of theProgramme Board was development of a comprehensive forward-looking strategy for action in themost vulnerable neighbourhoods in Denmark. In November 2008 the Programme Board published areport with its observations and recommendations to the Government, local councils and housingorganizations. The report concludes that the overall impact of the initiatives in the deprivedneighbourhoods has been positive, not the least regarding the residents’ attachment to the labourmarket. The Ministry of Refugee, Immigration and Integration Affairs is currently considering theobservations and recommendations made by the Programme Board as to future action.

Article 12Over the last 10-15 years, preventive health and health promotion have been given a higher priorityin Denmark. This is due to the recognition of the fact that lifestyle related diseases like cancer andcardiovascular diseases dominate the pathological picture today. Only a limited part of totalpreventive health care and health promotion lies within the health sector and thus with the centralhealth authorities.With its extensive reorganisation of the public sector and the new health legislation, theGovernment has given the municipalities the primary responsibility for preventive health and healthpromotion from 2007. The Government is thereby aiming to use the already established closecontact between the municipalities and the general public as well as the large volume of knowledgeabout local conditions to make preventive health and health promotion more effective.The Government takes initiatives, coordinates and advises in the field of health. One of the maintasks is to establish goals for the National Health Policy. The responsibility for running the healthservice is decentralized to the regional and local administrative bodies.To secure the necessary planning and coordination of the health service, the regions are obliged todevelop a Health-Care Plan, which stipulates the organization of the health service. Furthermore, inorder to improve the efficiency and the coordination of the different administrative levels involvedin health care, Health Agreements are to be entered between the regions and municipalities everyfour years. The National Board of Health is authorized to approve these agreements.The Danish health care system is based on the principle of easy and equal access for all citizens.The vast majority of health services in Denmark are free of charge for the users, e.g. hospitalservices and services from general practitioners.As part of the new Government platform 2007, the Danish Government planned for two new largeinitiatives to follow up on “Healthy throughout Life”.In January 2008 the Government appointed a committee of experts in the field of health promotionand disease prevention, health economics and representatives from both the public and privatesector. On 21 April 2009 the committee submitted its recommendations on how health promotionand disease prevention in Denmark can be carried out even better.Secondly, in October 2009 the Government has published a new public health promotion strategythat includes a clear aim for the increase in the life expectancy over the coming 10 years, sixprinciples on which the Government’s policy is focused and 30 concrete initiatives to carry out thestrategy.Health allowance (under the Social Pensions Act) may be granted to old age pensioners andanticipatory pensioners under the Anticipatory Pensions Act from before 1 January 2003. Healthallowance is means-tested and thus payable subject to personal income and liquid assets.Health allowance is granted by the local authorities as a periodical benefit or as a lump sum towardsthe payment of e.g. medical drugs, dental treatment, physiotherapy, psychological and chiropractic

treatment. It is granted upon request and is discretionary. The allowance may cover up to 85 % ofthe cost.Persons aged 65 years and above and from 2007 also persons with some chronic diseases andpersons, who have taken early retirement, can be vaccinated against influenza, free of charge. Thecosts are covered by the regions.Over the last decade, the Danish Government has carried through central aid programmes in itsefforts for drug addicts and alcoholics. These efforts comprise treatment, rehabilitation, and offersof activity opportunities, day centres and temporary housing. This work and efforts continues to bea very important issue for the Danish Government.Initiatives regarding the prevention of drug and alcohol abuse and psychosocial problems amongpregnant women to reduce the stillbirth rate and infant mortality as well as initiatives to provide ahealthy development of the child have been implemented.As for tobacco an Act prohibiting tobacco advertisements came into force in 2002. On the basis ofan EU directive, legislation on manufacture, presentation and sale of tobacco products also cameinto force in 2002. This Act includes limit values for the tar, nicotine and carbon monoxide contentin cigarettes and rules on the labelling of tobacco products including health warnings. In 2004 itwas prohibited by statute to sell tobacco and alcohol to persons under the age of 16.In May 2007, the Parliament adopted the Smoke-free Environments Act. The purpose of the Act isto promote smoke-free environments with the aim of preventing harmful health effects from passivesmoking and involuntary exposure to tobacco smoke.The Act applies to all public and private workplaces, institutions for children and adolescents,educational institutions, indoor facilities to which the public has access, including means of public33 transport (the public space) and hospital establishments. As a general rule, smoking is notpermitted indoors at these premises.The Act includes a wide range of exceptions. In general, it is permitted to establish smoking boothsand special rooms for smoking at workplaces, educational institutions, in the public space, athospital establishments etc. In addition, there are exceptions for: workrooms that serve as aworkplace for one person only, small restaurants with a license to serve alcohol, a serving area ofless than 40 square metres, drop-in centres for the socially vulnerable, accommodation or rooms forresidents at nursing homes and the like.In 2008 the age limit for selling tobacco to persons was raised to the age of 18. These legal changeshave been accompanied by a number of public campaigns to prevent smoking and encouragesmoking cessation. Local tobacco addiction treatment clinics have been established in manymunicipalities.A large-scale campaign against tobacco use is running in the second half of 2009 using thesuccessful Australian campaign concept;”Every cigarette is doing you damage”. The campaignfocuses on the health effects of smoking through combined support services and a mass mediacampaign especially via television-spots showing e.g. the ‘Artery’ advertisement, which shows fattydeposits being squeezed from the abdominal artery of a 32-year-old smoker.

Adequate treatment and careAs from August 2008 children and young persons with psychiatric illnesses have been entitled toexaminations with short notice. This entitlement implies that children and young persons who havebeen referred to examination in the public psychiatric care for children and young persons areentitled to seek examination in a private clinic or hospital with agreement with the regions if theregion of residence does not offer the examination within 2 months.As from January 2009, children and young persons are also entitled to treatment with short notice.In connection with the implementation of these patient’s rights considerable resources have beenallocated for the extension of the capacity of treatment in the public psychiatric care for childrenand young persons. The most recent statistics for 2008 show that the number of children and youngperson on the waiting list has been reduced for the first time in many years in spite of the rise inreferrals in the same period.In the current parliamentary session the Government has introduced a Bill on the establishment ofan extended right to treatment in psychiatric care for adults as from January 2010.Periodic reviewThe Danish Psychiatric Act was amended by the Danish parliament in June 2006, and theamendments entered into force on 1 January 2007. All alterations introduced since the previousamendments in 1998, including the changes from June 2006, have been combined in ConsolidatedAct no. 1111 of 1 November 2006 on the use of coercive measures in psychiatry.It follows from the Psychiatric Act that the consultant physician must take measures to secure thatdeprivation of liberty and use of other restraints is used only to the extent necessary.With a view to ensuring high quality in the use of restraint and limiting the duration of theimmobilisation, the government proposed that clear and uniform rules be laid down stipulating aminimum frequency of medical supervision and simultaneous assessment of whether theimmobilisation should cease or continue. These rules were adopted, with the result that medicalassessment of the immobilisation must now take place at least four times daily at evenly-spacedintervals. The aim for the systematically increased medical supervision is to focus the awareness ofdoctors as to whether the immobilisation should be maintained, and on the possibility of alternativetreatment. The overall goal is to ensure that any compulsory immobilisation, in common with otherforms of restraint sanctioned by law, continues no longer than absolutely necessary.The decision to enforce immobilisation will be subject to a special review if the measure isextended beyond 48 hours. This review is to be undertaken by a doctor who is not employed in thepsychiatric unit in which the measure is being enforced, is not responsible for treating the patient,and is not a subordinate of the doctor treating the patient. This measure will secure impartiality inrelation to the evaluation of the need to continue the immobilisation. The doctor undertaking theexternal review must be a trained medical specialist in either psychiatry or child and adolescentpsychiatry.Every instance of deprivation of liberty and use of other restraints must be noted in a specialprotocol at the psychiatric ward, and this information is reported to the local authority as well as thecentral governmental institutions.

With regard to concluding observations 22 and 35The Government launched an action plan against drug abuse in October 2003. The action plancalled "The Fight against Drugs" contains a number of concrete initiatives within prevention,medical and social treatment, law enforcement, treatment of criminal drug abusers and internationalcooperation. Also the overall Danish national drug policy and its underlying premises as well asactions taken in the fields of prevention, treatment and control are being evaluated continuously andadjusted when needed. Besides this evaluation, monitoring is an integrated part of several of theconcrete initiatives in the action plan in “The Fight against Drugs” as well as in concrete initiativestaken after the launch of the action plan.“The Fight against Drugs” has been followed by agreements between the government and partiesbehind the annual distribution of social reserve funds. These agreements contain a large number ofinitiatives with the aim of curbing drug abuse and the resulting injuries.In order to strengthen intervention, the Government signed the social reserve fund agreement for2004. In this agreement DKK 145 million was set aside over the years 2004-2007 for specific druginitiatives.In order to boost this initiative even further, the Government signed the social reserve fundagreement for 2006. In this agreement, DKK 250 million was set aside over the years of 2006-2009for other dedicated drug initiatives. The 2006 agreement includes the following initiatives:Treatment for drug users in prisons will be increased so that the generaltreatment guarantee for drug users will also include inmates in prison andprobation service institutions.The introduction of guaranteed social treatment for young people under 18affected by serious drug abuse problems will ensure that young peoplesuffering such major drug dependency problems that the general provision foryoung people cannot be applied will receive treatment.Larger regions in the relevant situation can apply for resources from a fund tocover half of the costs involved in launching a healthcare programme targetedat the most severely addicted drug users.Methadone injections are being introduced as a treatment option for peoplehugely involved in intravenous drug use, showing current or impending signsof damage to their health, in spite of adequate normal treatment, where themethadone is taken orally.Efforts aimed at treating in particular, drug users infected with hepatitis C havebeen stepped up across the country.The group of people being offered free vaccination against hepatitis B is beingexpanded so that people who live with someone with chronic hepatitis B,people infected with hepatitis C and children under the age of 15 who frequentresidential areas where there are many injecting drug users will now also beincluded in this programme.To support opportunities to help in the fight against drug-related problems inthe immediate vicinity of Copenhagen's Vesterbro district, a fund has been setup where associations and other organisations can apply for resources to coverthe cost of developing and implementing locally based initiatives, aimed, in

the broad sense, at improving conditions for drug users and solving theproblems which a drug environment inflicts on this district.Financing most of the initiatives in the agreements is permanent, which means that the initiativeslast beyond the agreement period.In spite of additional and improved initiatives launched for drug abusers, society is still faced withmajor challenges in the drug area. The Government neither can nor will accept the prevalence ofdrug abuse or the scope of resulting injuries. Drug abuse and injuries must be reduced. Thus in thesocial reserve fund agreement for 2008, the Government has obtained permission to intensifytreatment programmes with three new specific initiatives:Out of the social reserve funds for 2008, amounts of DKK 9.3 million andDKK 11.6 million has been set aside for each of the years 2009-2011 forBuprenorphine as the first choice when applying substitution therapy.Out of the social reserve funds for 2008, an amount of DKK 3.5 million hasbeen set aside for each of the years 2008-2011 for quality assurance of drugabuse treatment.Out of the social reserve funds for 2008, amounts of DKK 10.0 million andDKK 60.0 million have been set aside in respectively 2008 and 2009 formedically prescribed heroin.The financing of the medically prescribed heroin was made permanent with the social reserve fundagreement for 2009.

Article 13Denmark has developed a strategy for pursuing the benefits of globalisation and coping with itschallenges –”Progress, Innovation and Cohesion” (2006). The strategy represents 350 proposals,187 in the area of education. The strategy was complemented by the Government’s welfare reformproposals, which focus on getting young people to complete their studies and on improving theintegration of immigrants. Inclusion is the keyword for these initiatives and they promotepossibilities of enjoying the full and equal enjoyment of human rights and fundamental freedom.Since the fourth periodic report, the Danish Government has taken a range of initiatives to improvethe quality of teaching in the primary and lower secondary school (the Folkeskole) and in particularto ensure that all children leave the compulsory school system with the necessary qualifications tosucceed in further education and in society in general.Compulsory education has been expanded from nine to ten years as from august 2009, participationin the pre-school class is compulsory. The tenth grade is optional and has been modified to betterfacilitate transition into upper secondary education with a focus on pupils, who need to strengthentheir academic skills and need support and guidance in choosing an upper secondary education. Atpresent there are no figures available for attendance of the tenth grade after the reform, as thechanges only took effect from august 2008.In addition, the objects clause of the law on the Folkeskole has been amended in order to put greateremphasis on academic skills and competencies as tools for furthering the development of thechildren and the role of the compulsory school in preparing the children for further education. This

emphasis is reflected in several initiatives that aim at providing clear goals for the instruction anddeveloping a culture of evaluation, for example through binding attainment target for the instructionin all subjects, compulsory leaving examinations in the compulsory schools and development ofnational tests in a range of subjects at different grade levels.The Government is still very aware of the drop-out problem and a target for 2015 is to see 95 % ofall young people complete a program of upper secondary vocational education (IVET). In 2008,DKK 10 million was allocated to special schemes for children and young people. The intention isfor more young immigrants to complete an educational program that gives them the vocationalqualifications needed to find permanent employment.As a follow-up to the Globalization Strategy and the Welfare Agreement of 2006 severalamendments of the Act on Vocational Education and Training have been implemented and adoptedin 2008 to reduce the drop-out rate and streamline as well as simplify the overall system of IVET.The system is still highly flexible and has recently been modified both structurally andpedagogically.Statistics show that - when compared with their ethnic Danish peers - student with another ethnicbackground than Danish are at greater risk of dropping out of an IVET- program. Therefore, theMinistry of Education and the Ministry of Refugees, Immigration and Integration Affairs haveestablished a joined task force, which over the next four years will help vocational colleges to retainbilingual students.In recognition of the fact that special options must be available for young people in difficulteducation and employment situations, municipalities have since 2007 been obliged to organizevocational basic education programs (egu) for young people belonging to the target group.Completion of an individually designed egu-program gives vocational qualifications and, inaddition, the student has the opportunity to continue in an IVET-program with credit given for thequalifications already obtained.Concerning the number of practical placement positions, the Government adopted a number oflegislative amendments in December 2003 in order to increase the number. Hence, from 2004several initiatives with a view to increasing the number of practical placement positions have beenimplemented, and the number increased from 26,300 in 2003 to 37,000 in 2007. In 2008 there was areduction in the number of practical placement positions to 33,000 mainly caused by the generaleconomic slowdown.In 2006 public expenditure on higher education was 25.6 billion (1.6 % of GDP). This amountincludes DKK 7.5 billion spent on student grants.The target goal is to increase the number of participants up to 40.000 full-time equivalent studentsper year compared to 27.000 in 2006/07. One of the measures is that participant in adult vocationaltraining programmes for low skilled and skilled workers may be assessed in reading, writing,aritmehmetics and mathematics and may receive guidance in this context i.e. for the preparatoryeducation programme.

The most important part of the adult education and continuing training is the adult training courses;the open education system; formal, general adult education; the leisure-time education; and the folkhigh school.In order to strengthen the effect of language stimulation, the municipalities now have an obligationto offer language stimulation to bilingual children from the age of 3. In addition, it is compulsoryfor parents to accept an offer of language stimulation, if a professional assessment of the childshows that this is necessary.Statistics and surveys show that the academic performance of pupils with a migrant background issignificantly lower than those of children without a migration background. For example, 53 % ofchildren with a non-western background perform at PISA level 0 or 1, meaning that they lackfunctional reading competencies whereas the same is the case for only 17 % of pupils without amigration background. This is a matter of concern and the Government has taken a range ofinitiatives to help children with a migration background perform at the same level as their nativepeers.Teacher training programmeTo ensure that all higher education is equally accessible to all, students must be provided with theknowledge and skills that prepare them for further education. Teacher education plays an importantrole in this process. Thus remedial educational theory has become a new optional main subject inthe teacher training programme. The pedagogical subjects of the teacher training programme havealso been amended to better qualify teachers to work with children of non-Danish ethnic origin.Student teachers must develop skills for teaching in culturally diverse primary and lower secondaryschools. Students work with theories of multicultural background, social integration, culturalencounters and intercultural education.The subject ‘Christianity/civics/citizenship plays an important role in the new teacher trainingprogramme, dealing with such key themes as the history of ideas, ethics, democracy and citizenship.The objective of the subject is – among other things – that the teachers should contribute todeveloping the pupils’ critical faculty and teaching them to live together with respect for oneanother’s values and norms. The curriculum includes key values for democratic citizenship such astolerance, authority, equality, freedom and brotherhood. Through this subject, future teachers inprimary and lower secondary school are given the tools to teach democracy both in theory and inpractice.Teacher students can during their teacher training elect to qualify in teaching bilingual pupils. Theaim of the subject Danish as a second language is to qualify teachers to support bilingual pupils indeveloping their language skills.Higher educationIt is a key objective for the Danish government that by 2015 at least 50 percent of a youth cohortshould complete a higher education programme. The share of a youth cohort in 2007 that isexpected to complete a higher education programme is 45 percent.Danish students can obtain a scholarship for studying abroad if they choose to complete a fullprogramme – or parts hereof – at an approved foreign higher education institution. The scholarship

Article 15The institutional infrastructure in the field of culture and the general objectives of Danish culturalpolicy, including the objective of promoting participation in, and access to, cultural life, aredescribed in detail in Denmark’s third periodic report (paras. 357-379) and summarised inDenmark’s fourth report (introduction in paras. 469-470): The legislation and structure are based onthe principle of freedom of expression aimed at offering and encouraging everyone living in orvisiting Denmark to take an active part in cultural life in its broadest sense. The frameworklegislation in the cultural field continues to be based on the”arms-length principle” which implies,inter alia, decentralisation and independent boards and committees of experts.Following theLocal Government Reform(kommunalreformen) which entered into force in 2007,the institutional infrastructure in the field of culture, including with a view to promoting popularparticipation and access to cultural life, consists of a national and a local level only. The Ministry ofCulture (and its agencies, as well as the independent committees and bodies) and the municipalitiesnow share the responsibility of implementing legislation and providing public funding for culturalinstitutions, activities and projects. The structure is thus simplified facilitating both active localcommitment and national cultural policy objectives, such as providing access to culture and highquality cultural events throughout the country.Availability of cultural activities and events throughout the country is also reflected in the”Strategyfor culture in the whole country” launched in 2006. It includes among other things the possibility ofpluriannualcultural agreementsbetween the Ministry of Culture and the municipalities aimed atallowing for more autonomy to the municipalities when implementing local cultural policy, atpromoting dialogue and cooperation between the local and national level and at providing strategicstate funding for local cultural policy objectives.While access to cultural heritage is not a new priority, the Danish Government’s national plan from2006 was implemented to enhance access to and knowledge of cultural heritage. The plan involvesfree access to the main national museums (art and history) and free access for children and youthsunder 18 to all state subsidised museums. Included are also a number of other new initiatives to

strengthen the presentation of cultural heritage; both to traditional users of museums and to newaudiences.A range of projects regarding digitisation of cultural heritage are already ongoing at major nationalcultural institutions funded by both public and private sources. A committee set up in 2006 has nowfinalized a report on digitisation and digital availability of Danish cultural heritage. This report is toform the basis of a national government strategy expected to come into effect from 2010.Culture for children is a high priority for Denmark and funded through public support schemes,including for children’s theatre, music schools, reading and literature.With regard to local activities, a number of publicly funded initiatives have been set up, includingavailability of consultants for children and culture and culture houses for children. Furthermore, thegovernment funded “Network for Children and Culture” assists in the co-operation between stateand municipalities regarding cultural activities to children.Furthermore, participation in cultural life by children is promoted by campaigns and programmes,including:“The Pleasure of Singing”(Syngelyst): In 2008 a national plan was carried out with a number ofinitiatives throughout the country including an initiative on singing that is to be continued from2009-2011. The aim is to bridge schools, institutions and leisure time activities.“Zestfor Reading”(læselystkampagnen): Initiated in 2003 and run by the Ministries of Culture,Education and Social Welfare. It provides funding for national and local projects, aimed atencouraging children and young people to appreciate reading and literature.With regard tothe area of sport,the Danish Government in 2005 set up a pilot scheme aimed atgiving children with special needs or disadvantaged backgrounds the same opportunities withinsport as other children. The preliminary experiences of the initiative have shown to be very positive.Denmark ratified the UN Convention on the Rights of Persons with Disabilities on 24 July 2009,including on the right to participation in cultural life and sport.A number of initiatives have been set up by the Ministry of Culture to promote access to personswith disabilities including the following:The Danish National Library for the Blind provides services to persons with visual disabilities,including the visually impaired and other persons whose disability prevents them from readingstandard printed material.The Danish public service broadcasters are as part of their public service remit obliged to provide anumber of services for persons with disabilities including subtitling, audio descriptions and signlanguage as well as any other new technologies.Participation in sporting activities is promoted by the publicly funded Danish Sports Organisationfor the Disabled whose objective is to further elite sport as well as sport for all, taking into accountthe situation of the persons with disabilities.Participation by older persons in cultural life and sport are promoted on equal terms of the rest ofthe population.

The cultural policy measures apply to everyone living or visiting Denmark irrespective of ethnic,religious, linguistic or other background.In addition to these general measures, and having regard to the UNESCO Convention on theProtection and Promotion of the Diversity of Cultural Expressions, Denmark works both atinternational and national level in order to follow up on its ratification of the Convention in 2006.National hearings and debates on how to further protect and promote cultural diversity have beenorganised for all interested parties, including civil society, and a number of concrete projects havebeen supported. For instance, concrete projects were supported by the Ministries of Culture,Education and Refugee, Immigration and Integration Affairs as a national implementation of theEuropean Year of Intercultural Dialogue (2008).The German minority in Denmark continues to benefit from specific provision, including financialsupport for cultural activities.Following a review on Danish arts education in the Folkeskole (primary and lower secondaryeducation) in 2006, the Ministry of Education and the Ministry of Culture in 2009 initiated anaction plan with a number of initiatives, among which various pilot projects aimed at strengtheningDanish arts education in the Folkeskole from 2009-2011. This will provide the basis forconsiderations concerning amendments to the Act on the Folkeskole, if necessary.Through the “HouseArtist Programme”(huskunstnerordningen) the Arts Council provides supportfor schools which cooperate with professional artists within the fields of literature, performing arts,visual arts and music. The main purpose is to give pupils between the age of 6 and 19 an insight inaesthetic and artistic work and creative processes.Moreover, a number of activities directed at schools are promoted, including “LiveMusic inSchools”(Levende Musik i Skolen) presenting concerts for children, theatre support schemes aimedat production and companies of children’s’ theatre, “E-museum” providing high-level teachingmaterial from museums’ websites.Professional education in Denmark in the cultural field is hosted by 16 tertiary Artistic EducationInstitutions at university level and other institutions of higher education - under the auspices of theMinistry of Culture (offering first, second and third cycle programmes comprising bachelor,diploma, candidatus, master degrees and ph.d.-degree). Education is given within the field of finearts, architecture, design, arts and crafts, music, theatre (ballet, opera, and plays), film, conservationand library science.The universities as institutions have academic freedom, pursuant to Section 2(2) of the DanishUniversity Act (Universitetsloven). The academic staff is free to conduct research, pursuant toSection 16a(7) and 17(2) of the University Act. The head of department may allocate specific tasksto specific staff. During the periods in which members of the academic staff are not performingsuch tasks, they are free to conduct research within the strategic framework on research activitieslaid down by the university. The individual researcher thus has a right to conduct such research andthe university must of course, respect this right.An allegation was lodged (22 May 2008) by the trade union of the Danish Association of Mastersand PhDs (DM) regarding the Danish Government’s compliance with the recommendations issuedby UNESCO in 1997 (Recommendation concerning the Status of Higher-Education Teaching

Article 2Reference is made to Denmark’s fourth periodic report (E/C.12/4/Add.12.paras 518-521 and Annex1).Article 3There are no rules and regulations in Greenland which prevent certain groups of people fromreceiving public benefits or enjoying collective rights on the basis of gender. The GreenlandParliament has passed legislation concerning equality of gender.Article 4It should be noted that many of the rights established by the Convention are rights already laiddown in the Danish Constitution, which also applies to Greenland.Article 5Greenland has no comments in relation to article 5 of the Convention.Article 6In Greenland employment is first and foremost ensured through targeted development of commerceand industry. In recent years the focus has been on the development of other areas than fisheriesand hunting, e.g. tourism and service, mining industry etc. In addition, the public authorities financeinitiatives aiming at creating jobs for the unemployed. These initiatives are organized locally in theindividual municipalities and are adapted to local conditions and opportunities.The municipalities, partly in the form of collective training, also carry out occupational counsellingand occupational counselling of young people in schools, and partly in the form of individualcounselling carried out by municipal labour market offices. In addition, counselling is given inrelation to labour market training.For use in relation to the counselling activities, the Department of Culture, Education, Research andThe Churcj each year publishesSunngu(The Key to Education and Training in Greenland andDenmark). This handbook - available on the Internet - describes all types of education and trainingfor which support is available in Greenland and Denmark respectively.

Article 7In Greenland fair wages, equal for the same type of work, are ensured through the collectiveagreements in the public and private sector. However, it should be mentioned that, earlier invitedlabour (mostly Danes) and Greenlandic labour had different wages and benefits. These inequalitieswere gradually abolished up to the beginning of the 1990ies. By now only some public servantsengaged prior to 1990 are still entitled to these benefits. Most workplaces in the country are in thepublic sector or in publicly owned enterprises. The public agreements made on these workplaceshave a spin-off effect on the rest of the labour market.Safe and healthy working conditions, rest periods, leisure time and a reasonable limitation ofworking hours are ensured through the operation of a Greenland branch of the Danish WorkingEnvironment Authority. Greenlandic legislation provides for holidays with pay or holidayallowances. Allowances for work on non-Sunday holidays are determined in collective agreements.Article 8There is nothing in the law which prevents membership of a labour organization, the establishmentof a labour organization or joint efforts by labour organizations. Likewise, there is nothing in thelaw which prevents collective strikes. However, some civil servants are not allowed to strike. Thepolice and armed forces follow Danish legislation.Collective agreements applying to all of Greenland have been made with about 35 organizations,most of which are based in Greenland. The largest organization is Silinermik InuutissarsiuteqartutKattuffiat (SIK - The Greenland Labour Organization).Article 9A wide range of social security schemes apply in Greenland. All of the social security benefits andallowances - with the exception of industrial injury insurance - are fully financed by publicauthorities. There is nothing in the law which prevents the establishment of collective schemes.Pension fund schemes have been established by most groups of the public sector labour market byagreement between the employers and the unions. Participation in the schemes by unskilled andskilled workers is still at a rather low level.Article 10To a large extent the Danish Law regulates the legal position of families. The Danish Minister forEmployment lays down particular rules concerning the execution of work the nature of which maybe detrimental to the safety, health or development of young people.Article 11Greenland took over the authority in the area of housing in 1987. Since then housing has beenregulated by Greenlandic legislation. Most housing facilities constructed in Greenland are partly orfully financed by public funds, i.e. by the Government of Greenland and the municipalities inGreenland. This applies to rental housing, cooperative housing and single-family houses. Theobjective in relation to housing in Greenland is that there should be a dwelling for each cohabitantcouple, as well as a dwelling for all single people above the age of 20.

Article 12When Greenland took over the health services from the Danish Government on 1 January 1992,Greenland adopted the objective of the World Health Organization concerning “Health for All bythe Year 2000”. All citizens of Greenland must therefore be given the best possible opportunitiesfor achieving a good standard of living by having general access to the services offered by thehealth sector.In general terms the health services in Greenland are structured in accordance with the basicprinciples outlined in the Convention.As an element to ensure achievement of the objective of “Health for All by the Year 2000” a widerange of health services are offered free of charge. Health education in Greenland is beingstrengthened on an ongoing basis. The objective is to adapt education to conditions in Greenland, atthe same time ensuring a high standard of health services.Greenland is aware that prevention is an important element in the improvement of the health of thepopulation in general. The health services therefore endeavour to make individual citizens aware oftheir fundamental responsibility for their own health.The services provided by the health authorities in Greenland are regularly assessed in order to makeit more efficient.Article 13No legislation exists in Greenland which is contrary to the rights established in article 13 (1) of theConvention.It is stated in the Danish Constitution of 5 June 1953 that all children in the age group subject tocompulsory education are entitled to free primary and lower secondary education. However,parents or guardians who ensure that their children receive education comparable to the generalstandards of State school education are not obliged to let their children follow primary and lowersecondary State education.The rules concerning primary education in Greenland are deemed to comply with the requirementsof the Convention concerning primary education.The legislation applying in Greenland is in compliance with the requirements of the Convention, inthat:(a)Primary education is compulsory and free of charge;(b)Parents and guardians are entitled to choose schools other than thoseestablished by the public authorities;(c)Parents and guardians are entitled to ensure religious and moraleducation of their children in conformity with their own convictions.Article 14Since the legislation applying in Greenland meets the requirements laid down in article 13 of theConvention, no detailed plan of action for progressive implementation as outlined in article 14 hasbeen formulated.

Article 15The legislation in force in Greenland does not contain any provisions limiting the right to take partin cultural life. There is freedom of association.Several nationwide artistic and cultural organizations, institutions and associations receive grantsprovided for by the Finance Act adopted by the Home Rule Parliament under the headings of otherleisure activities, culture and general education and public information. The Government ofGreenland also provides grants for meeting facilities and community centres, as well as toGreenland centres in Denmark.The Greenland Treasury finances the Greenland National Museum and Archives. The NationalMuseum provides grants for local museums. Sixteen out of the 18 municipalities have museums.All towns and most settlements have community centres or assembly halls.There are several arts and crafts workshops run by municipal authorities. In terms of education theGreenland Art School (Eqqumiitsuliorfik) has offered one- or two-year courses in drawing, graphictechniques, logo design, painting, sculpting and relevant theory.Study grants may be provided for education and training outside Greenland in the form of a fixedmonthly sum, rent allowances and grants for study materials. In addition, the journey to and fromthe place of education is paid.Denmark - including Greenland - has ratified the Berne Convention of 1886 (as amended in 1971).Katuaq,the Greenland Cultural Centre is located in the capital Nuuk and contains theatre, cinema,conference and exhibition facilities. Its objective is - in collaboration with institutions,organizations, individuals and companies - to stimulate and develop cultural life in Greenland onthe basis of free, independent artistic assessment. The institution is to contribute to thedissemination of Nordic art and culture in Greenland and to the dissemination of Greenlandic artand culture in the Nordic countries. In addition, the institution is to ensure cultural cooperationbetween Greenland and other Inuit areas.TheSilamiuttheatre is the only professional theatre company in Greenland. It is an independentinstitution receiving grants from the Greenland Home Rule Government via the Finance Act. Theobjective of the theatre is to ensure increased knowledge of Inuit culture and the history ofGreenland through theatre activities, and to develop Inuit art and its potentials through exhibitions,exchange programmes and similar activities.Formal Nordic and international cooperation on culture is ensured through, for example,Greenland’s membership of the Nordic Council, the Nordic Council of Ministers and the InuitCircumpolar Conference (ICC), which represents about 115,000 Inuit living in the Arctic area. ICCachieved consultative status as a non-governmental organization (NGO) with the United NationsEconomic and Social Council in 1983.In addition, Greenland has entered into a number of cooperation agreements concerning culture andeducation, for example with the territorial government of the North West Territories, the provincialgovernment of Quebec and with the government of Nunavut, Canada. In 1993, the GreenlandHome Rule Government entered into formal cooperation with the Arctic Winter Games

International Committee of 1968 concerning Greenlandic participation in the culturally orientatedsports events arranged by the Arctic Winter Games every second year.As regards cooperation at the institutional level, the formal or statutory objectives of a number ofinstitutions in Greenland involve cooperation with Danish and foreign institutions and/or thedissemination of knowledge of Greenlandic culture in other countries.The Centre for Health Research in Greenland is part of the National Institute of Public Healthlocated in Copenhagen and Nuuk. The centers main research topics are: Health surveys; Socialepidemiology; Life Style: diet, smoking, alcohol, and physical activity; Diabetes and cardiovasculardisease; Children and youth; Prevention and health promotion; Health services research;Environmental health; The Greenland Mortality Register.

Denmark ratified the International Covenant on Economic, Social and Cultural Rights on January 6th1972 without a territorial reservation for the Faroes and from that date the Covenant has been in forceon the Faroes.The Faroe Islands are a self-governing territory within the Kingdom of Denmark. When an area ofjurisdiction is governed by the Faroese authorities, legislative power rests with the Parliament of theFaroes and administrative power in this area rests with the Government of the Faroes.The Faroese Authorities have assumed responsibility with respect to many of the rights enshrined inthis Covenant, and these areas therefore are regulated by Faroese legislation. When Annex II deals withrights enshrined in this Covenant that pertain to an area of jurisdiction which has not been assumed bythe Faroes authorities, reference will be made to the relevant sections of the main report prepared bythe Danish authorities.This is the first substantial contribution by the Government of the Faroes to the periodic reportssubmitted by the Government of Denmark in pursuance of articles 16 and 17 of the InternationalCovenant on Economic, Social and Cultural Rights. With regards to statistical material we mustunfortunately acknowledge that the moderate size of the central administration places limits on theresources available for data compilation and production of statistics. Yet, the Government of theFaroes strives to achieve a continual improvement in the availability and in the sophistication of suchinformation.Article 1THE POLITICAL AND LEGAL STATUS OF THE FAROESDeclaration by the Government of the Faroes with regard to article 1“All peoples have the right of self-determination. By virtue of that right they freely determine theirpolitical status and freely pursue their economic, social and cultural development.” This is stated inboth Covenants of 1966, and reconfirmed as a general principle in the 1993 Vienna Declaration andProgramme of Action. These provisions and the consistent practice of States and internationalorganizations constitute the legal basis for the right of self-determination that the People of the Faroeshave and retain, including the option of independence if and when the People so decide.The Faroes were settled in the beginning of the ninth century by Norwegian Vikings. These Norsemencame both directly from Norway and via the British Isles according to the Icelandic sagas.Archaeological and genetic evidence support this.They founded an independent Nordic nation, which had its own political and legal structure fully basedupon Old Norse traditions, in which the Ting (parliament) was the supreme seat of power.Over the centuries, and still today, the People of the Faroes have kept their own national, historic,linguistic and cultural identity.

The Kingdom of Norway and the Kingdom of Denmark entered into a union in 1380 through an inter-Nordic regal marriage that was formally enshrined in the Treaty of Bergen of 1450. In 1814, this unionwas abolished by the Treaty of Kiel, which instead set up a new union between the Kingdom ofNorway and the Kingdom of Sweden. Pursuant to the Treaty of Kiel, the treaty-provided-relationshipbetween the Faroes and the Kingdom of Norway was now replaced by an identical relationship withthe Kingdom of Denmark.After 1814, the Faroes can be classified as an overseas colony or protectorate under the King ofDenmark. They were not regarded as an integral part of the Kingdom of Denmark.The Danish authorities sought a gradual political and legal integration of the Faroes into the Kingdomof Denmark during the democratization process of the Kingdom of Denmark in the second half of thenineteenth century. Notwithstanding this development, the Faroes fully preserved their status as adistinct territory and jurisdiction. At no point have the People of the Faroes approved such integration.During the Second World War, all links between the Faroes and the Kingdom of Denmark wereabolished and the Faroes, which were defended by British forces, were responsible for all their internaland external matters.In 1946, a referendum was organized in the Faroes in which the People of the Faroes for the first timein history were asked to determine their future. The People decided at this referendum - which wasformally approved of by the Danish authorities - to establish the Faroes as an independent State.As soon as the Parliament of the Faroes had recognized this decision, the Danish authorities dissolvedthe Parliament and a general election was ordered. The newly elected parliament accepted a negotiatedsettlement, which was based upon a home government arrangement that entered into force in 1948.In 2005, the Government of the Faroes and the Government of the Kingdom of Denmark agreed on anew negotiated settlement that is composed of two new arrangements, which in concert establish fullinternal self-government as well as a certain degree of external self-government. This settlement is notseen or understood to be an exercise or replacement of the right of full self-determination.Prime Ministers of the Kingdom of Denmark have on several occasions and also most recentlydeclared that the Faroes shall be established as an independent State as soon as the People of theFaroes so decide. These declarations are reiterated in a corresponding decision by the Parliament of theKingdom of Denmark in 2001.A new Constitution of the Faroes has been prepared and the Constitutional Committee of the Faroessubmitted a draft proposal on 18 December 2006. The new Constitution will inter alia containprovisions with regard to a future referendum in respect of secession of the Faroes from the Kingdomof Denmark. This new Constitution will enter into force if and when endorsed at a referendum by thePeople of the Faroes.In summation, the People of the Faroes have and retain their inalienable and sovereign right to self-determination under international law.”Article 2Faroese legislation ensures that all citizens of the Faroes are vested the same rights and the sameresponsibilities in all areas of society regardless of race, colour, sex, language, religion, political or otheropinion, national or social origin, property, birth or other status.The Government of the Faroes initiated its own development cooperation programme in 2007 after theFaroese Parliament passed Act No. 44 of May 14th2007 on international development cooperation.The development cooperation of the Government of the Faroes builds on the principle of promotingsustainable economic development and in the allocation of funds priority is given to projects with afocus on addressing education and health issues in developing countries.

Article 3The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) wasratified by Denmark and entered into force on 21 May 1983. The Convention was ratified withoutextending a territorial reservation for the Faroes.Pursuant to a Parliamentary Resolution dated 31 March 1987, the Parliament of the Faroes endorsedthe entry into force of the Convention in the Faroes, which was implemented when the FaroeseParliament passed Act No. 52 of May 3rd 1994 on Gender Equality. Faroese legislation contains noimpediment to gender equality. Legislation does not distinguish between women and men, but ensuresthat all citizens of the Faroes are vested the same economic, social and cultural rights. Reference ismade to the seventh periodic report submitted by the Government of Denmark to the Committee onthe Elimination of Discrimination against Women (CEDAW/C/DEN/7)The Convention on the Elimination of All Forms of Racial Discrimination (CERD) was ratified byDenmark on December 9th1971 without extending a territorial reservation for the Faroes and has beenin force on the Faroes since that date. Discrimination on the grounds of race is punishable according tosection 266 b of the Faroese Criminal Act, cf. relevant sections of the main report. Please also refer tothe forthcoming report by the Government of Denmark to the Committee on the Elimination ofRacial Discrimination CERD, which is due ultimo 2009.Article 4Please refer toDNK/CCPR/5Article 5The Government of the Faroes has no comments with regards to article 5 of the ConventionArticle 6There are no provisions or administrative practices on the Faroes that limit the freedom of choice ofemployment or conditions of employment that infringe upon fundamental political and economicfreedoms of the individual, cf. DNK/CCPR/5. Furthermore, to our knowledge, no particulardifficulties have been encountered in attaining the objectives of full, productive and freely chosenemployment.The Government of the Faroes seeks to facilitate an inclusive labour market, yet as in all othercountries, certain persons, groups, regions or areas are particularly vulnerable or disadvantaged withregard to employment. The Faroese economy is small and dependent on external trade and thereforealso vulnerable to fluctuations in the global economy. This has particularly been the case for ourcommodity-based export industries which are highly sensitive to changes in market conditions and haveaffected the stability of employment for part of the working force. A number of different arrangementshave been put in place to address these issues and to further the development of an inclusive Faroeselabour market, cf. below.Wage-subsidized jobsAccording to Parliamentary Act No. 100 of March 8th1988 on Public Welfare persons withpermanently reduced working ability may be employed by private or public employers in wage-subsidized jobs. As of January 1st2009, 131 persons were employed in wage-subsidized jobs.

RehabilitationSupport for rehabilitation arrangements is provided according to the Public Welfare Act if it is deemednecessary out of consideration for a person’s ability to independently provide for himself and hisfamily. The rehabilitation allowance is a tax-free net benefit, granted on the basis of need butindependently of the person’s assets or the spouses´ assets and income. Such rehabilitationarrangements include work training, education etc. In 2007 a total 143 women and 98 men took part ina rehabilitation arrangement.Trends of employment:Unemployed in % of labour force in 2008 was 1,3 %Unemployed in % of labour force in 2003 was 2,5 %Unemployed in % of labour force in 1998 was 6,6 %Labour force by occupation (2007):agriculture:11.2%industry:21.9%services:66.9%Article 7Equal opportunity in employment and occupation on the FaroesIn the Faroe Islands there exist no distinctions, exclusions, restrictions or preferences, in law or inadministrative practices or in practical relationships, between persons or groups of persons, made onthe basis of race, colour, religion, political opinion, nationality or social origin, which have the effect ofnullifying or impairing the recognition, enjoyment or exercise of equality of opportunity or treatment inemployment or occupation.ILO Convention No. 106 of 1957 on Weekly Rest (Commerce and Offices) and ILO Convention No.52 of 1936 on Holidays with Pay are both in force on the Faroes. The rights covered by the WeeklyRest Convention are ensured in part by Faroese parliamentary Act no. 37 of June 1st1978 on a 40-hourworking week as well as by Faroese parliamentary Act no. 70 of May 11th2000 on occupational healthand safety. The rights covered by the Holidays with Pay Convention are ensured by way of Faroeseparliamentary Act no. 30 of April 7th1986 on holidays with pay.The Government of the Faroes has already submitted reports to the ILO Committee of Experts on theApplication of Conventions and Recommendations which are relevant to the provisions of article 7 andwould like to refer to the respective parts of these reports.The principal methods used for fixing wages, is the right of free negotiation between the workers andthe employer. In reality, this is carried out as negotiations between labour unions and employerassociations.A specific set of rules regulate employment conditions in the Faroes fishing industry, e.g. to ensureminimum wages. Faroese parliamentary legislation regulates the conditions of employment in thisindustry.According to the governments’ information, there exists no inequality in remuneration for work ofequal value, nor infringements of the principle of equal pay for equal work, or conditions of work forwomen which are inferior to those enjoyed by men, cf. CEDAW/DNK/7

The Ministry of Industry and Trade is charged with ensuring occupational health and safety on theFaroes. Parliamentary Act no. 70 of May 11th2000 on occupational health together with relatedlegislation regulates the minimum conditions of occupational health and safety. The WorkingEnvironment Authority is responsible for performing on-the-spot checks, and has the authority toorder changes in working conditions and to file reports when rules on occupational health and safetyare not adhered to.The occupational health and safety act also applies to work performed by members of the employer’shousehold, cf. section 2 of the occupational health and safety act.Article 8There exist no distinctions, exclusions, restrictions or preferences, in law or in administrative practicesthat hinder the actual realization on the Faroes of the principle of equal opportunity for promotion. Asin most other countries in the world there has, however, existed at de facto difference in opportunitiesfor men and women. This has been dealt with by adopting Faroese parliamentary Act no nr. 52 of May3rd1994, on the equal rights of men and women, and the Government of the Faroes has been resolutein its efforts to ameliorate all de facto and de jure hindrances to gender equality with regards to workopportunities, cf. CEDAW/DNK/7/APPENDIX B1.The International Covenant on Civil and Political Rights is in force on the Faroes. Reference is made tothe fifth periodic report submitted by the Government of Denmark to the Committee on Civil andPolitical Rights, CCPR/C/DNK/5.ILO Convention No. 87 of 1948 on the Freedom of Association and Protection of the Right toOrganise Convention and ILO Convention No. 98 of 1949 on the Right to Organise and CollectiveBargaining are both in force on the Faroes, and the Government of the Faroes has already submittedreports to the ILO Committee of Experts on the Application of Conventions and Recommendationswhich are relevant to the provisions of article 7, and wishes to refer to the respective parts of thesereports.There exists no ban or hindrance to the right to strike in any legal provision. The workers right to strikeis normally derived from the agreements between labour unions and employer associations, and followsfrom the right of free negotiation. However, a certain civil servants are not allowed to strike.Unions and employer associations have agreed upon a permanent Court of Labour Market Arbitration,which is supported by the government. This court of labour market arbitration has the authority todetermine whether a strike can be deemed illegal and a violation of a given agreement between theparties.The Government of the Faroes has not assumed legislative and administrative powers with regards tothe police and the armed forces. Please refer to the relevant sections of the report by the Governmentof Denmark.Article 9Social security on the Faroes is regulated by Faroese Parliamentary legislation and there are a number ofdifferent branches of social security on the Faroes. Decisions made by the social authorities may bebrought before the Board of Social Complaints. Decisions taken by the social complaints board cannotbe brought before any other administrative authority.Old-age pension

According to Parliamentary Act No. 48 of May 10th1999 on Social Pension the public old-age pensionis the basic pension, which ensures that all elder persons are provided for from the time they reach theage of 67. The public old-age pension is payable to everyone meeting certain requirements (cf. below)and in principle, everyone is paid the same amount of old-age pension. Personal wealth, if any, does notaffect the public old-age pension. The pension is, however, income-adjusted (cf. below).The public old-age pension scheme is financed and paid for by the Government of the Faroes and isnot based on insurance principles or dependent on previous attachment to the labour market. Peoplewith no previous attachment to the labour market, such as housewives, are also entitled to receive old-age pensions.A part of the old-age pension in the Faroe Islands, the solidarity employment-pension, is financed andadministered independently by the labour market parties but this part of the pension is based on theprinciple of full solidarity and, accordingly, everyone over 67 years is paid the same amount.Thus the old-age pension comprises a basic amount, a pension supplement and a solidarityemployment pension. As of 1 January 2009 the annual rates were as follows:-----Basic amount, singles:Basic amount, married couples:Pension supplement, singles:Pension supplement, married couples:Solidarity employment-pension:DKK 50,028DKK 39,756 (per person)DKK 36,780DKK 28,476 (per person)DKK 30.000

There is no income-adjustment of the basic amount of the retirement pension or of the solidarityemployment-pension, and the basic amount is not subject to taxation. The pension supplement and thesolidarity employment-pension are, however, subject to taxation. The pension supplement is reducedby 60 % in cases were the pensioner or his/her spouse, in addition to the pension, has earnings aboveDKK 58.100 (2009 figures).Furthermore, old-age pensioners also are entitled to a number of free services, and also pensioners canreceive special benefits. According to Parliamentary Act No. 35 of April 16th1997, pensioners withnone or low income can apply for an annual supplement of DKK 7.128 pr. household. Furthermore,particularly disadvantaged pensioners may according to the Social Pension Act be granted a personalallowance based on a individual assessment of their needs.Entitlement to old-age pension is subject to (i) Danish nationality, (ii) residence on the Faroe Islands,(iii) permanent residence in the Faroe Islands for a minimum period of three years between the ages of15 and 67, and (iv) the condition that the claimant has attained the age of 67. There are however anumber of exceptions to the requirements of nationality and residence. For example, entitlement to anold-age pension at the full rate is subject to a minimum period of permanent residence of 40 years onthe Faroe Islands between the ages of 15 and 67. If a claimant is not entitled to a pension at the fullrate, the pension will be determined on the basis of the ratio of the actual period of residence betweenthe ages of 15 and 67 and a period of 40 years, but no higher than a 40/40 ratio.In 2007 there were a total of 3293 female and 2708 male old-age pensioners on the Faroe Islands.Disability pension

According to the Social Pension Act a disability pension is payable to persons between the ages of 18and 66 whose lack of capacity to work makes them unable to earn an income that would otherwisemake them fully or partly self-supporting.Disability pensions are only provided to people whose capacity to work is permanently reduced by atleast 50 percent. This means that no disability pension will be granted if the claimant by rehabilitationcan become self-supporting or if the person can work in a job to which flexible working arrangementsapply or in a wage-subsidized jobs (see under article 6).The disability pension is financed by the Government of the Faroes. Disability pensions are awarded bythe social authorities. A disability pension is comprised of a basic amount, various pension supplementsand a disability supplement. As of January 1st2009 the annual rates were as follows:----------Basic amount, singles:Basic amount, married couples:Highest pension supplement, singles:Highest pension supplement, married couples:Medium pension supplement, singles:Medium pension supplement, married couples:Lowest pension supplement, singles:Lowest pension supplement, married couples:Extra lowest pension supplement:Disability supplement to highest and medium pensions:DKK 67,812DKK 53,892DKK 67,404DKK 60,864DKK 21,876DKK 19,008DKK 20,652DKK 16,596DKK 31,944DKK 31,644(per person)(per person)(per person)(per person)

Pensioners that receive the minimum amount of disability pension receive the basic amount, a smallsupplement and as of January 1st2009 they are also entitled to a full extra supplement. Pensioners thatreceive the intermediate and maximum amount of disability pension also receive either the basic, theintermediate or the maximum pension supplement as well as a disability supplement.The basic amount and the supplements are taxable and are adjusted according to the personal incomeof the claimant. The disability amount is exempt from tax and is not income-adjusted. Disabilitypensioners also receive a special annual tax cut of DKK 16,200 for singles and DKK 10,500 per personfor married couples. Persons older than 67 receive the same tax cuts if they do not receive old-agepension.Furthermore, the disability pension is reduced by 30 %, if the pensioner has earnings besides thepension above DKK 87,100 (2009 figures).The requirements as well as the exceptions concerning nationality and residence are similar to those forthe old-age pension. Entitlement to an anticipatory pension at the full rate is subject to a minimumperiod of permanent residence corresponding to 4/5 of the number of years since age 15 to the date onwhich the pension is first payable.In 2007 the figures for disability pensioners were as follows:Rate received:Women 18+Share of population groupLowest rate2931,75 %Medium rate5083,03 %Highest rate2491,48 %

Temporary and permanent social welfare benefitsPersons that are not entitled to unemployment benefits or other social benefits may apply fortemporary or permanent social benefits according to the Public Welfare Act. Temporary assistance canbe granted in case of illness, divorce or lack of job opportunities. The temporary assistance is granted asa tax-free net benefit on the basis of need, but no more than the amount concordant withParliamentary Act No. 74 of May 8th2001 on Cash Sickness Benefits or the Parliamentary Act No. 113of June 16th1997 on Unemployment Insurance. Permanent social benefits will be awarded when aperson has a permanent need of benefits and when the person is not entitled to disability pension. Theamount is concordant with the basic old-age pensions, plus a supplement for each child concordant tothe child supplement according to the Social Pension Act (2009: DKK 12,192 annually). Thepermanent social benefit is taxable and claimants receive the same tax-cut as disability pensioners.According to the legislation on Social Welfare, persons can also be assisted to meet certain expensesgranted on the basis of an individual assessment of need.In 2007 a total of 865 persons older than 18 received the above mentioned social benefits (i.e. 2, 5 % ofthe population)Family related social benefitsFor specific information about family related social benefits please refer to paragraph XXVII.E ofsection 3 in Denmark’s fourth report to the UN Committee on the Rights of the Child,CRC/C/DEN/4. Section 3 contains a separate report from the Government of the Faroes on therights of the child on the Faroes.Cash Sickness BenefitsAccording to the Parliamentary Act No. 74 of May 8th2001 on Cash Sickness Benefit employed andself-employed people may receive compensation if they are absent from work due to illness. Claimantspartially incapable of working may be entitled to a reduced sickness benefit, e.g. when a physician findsthat the employed person can work part-time. Cash Sickness Benefit can be awarded for a total of 40weeks.The sickness benefit is usually calculated on the basis of the hourly income the claimant would haveearned had he/she not been absent from work due to illness. The compensation must not exceed afixed maximum, which as of January 1st2009 amounts to DKK 3,830/week. The employer pays CashSickness Benefits for the first two days and the Social authorities pay for the remaining period up to 40weeks.The number of persons (measured in whole-year persons) that received Cash Sickness Benefits in 2007were as follows:TotalWomenMen164216Share of workforce, in %1,0 %1,6 %

Disability benefits are granted on the basis of the principle of compensation. The person iscompensated for the disability and therefore disability benefits are granted independently of thepersons or the spouse’s income and assets. Disability benefits are granted free or with limited payment.According to the Public Welfare Act persons with disability or long-term sickness are entitled todifferent technical aids, support to cover expenses to medicine etc. Support can also be granted todifferent changes in inside finish of the persons´ housing arrangement so as to make it more suitablefor the disabled person. Mobile disabled persons can also be given financial assistance to purchase andadaptation of a car.In cases where a disabled person is eligible for the medium or highest rate of disability pension pay-out,but is not awarded these benefits due to other sources of income, he or she will according to the Acton Social Pensions be entitled to a special disability benefit of DKK 31,644 a year. A total of 35 women(0.21%) and 45 men (0.25%) received this disability benefit in 2007.Special nursing and caretaking benefitsAccording to Parliamentary Act No. 64 of June 5th1984 on special caretaking a person can receive aspecial caretaking benefit if he or she takes care of an older person that requires continuous personalassistance at home to meet personal needs. This payment is concordant with medium disabilitypension, however, without the special tax cut.A disability pensioner can according to the Social Pension Act receive a special nursing benefit if theperson continuous is in need of assistance to meet personal needs. The amount is DKK 67,524annually.A person is also entitled to Cash Sickness Benefit in cases where spouse or children are seriously ill.According to the Public Welfare Act, providers of disabled children or children with long term illnessesare entitled to compensation for the reduction in income if it is found necessary that the provider takescare of the child at home.Collective agreements regulate the rights of parents to stay home from work when a child is sick. Thisright is however, quite limited.Assistance and services to the disabled, sick and elderlyAccording to the Public Welfare Act, assistance to sick, disabled and elderly persons is granted asfollows:Home careIn relation to old-age or disability, home care is provided on a permanent basis for certain domesticchores as well as to meet other personal needs of the claimant. Payment for permanent home care isincome-adjusted. In cases of sudden illness home care is also provided on a temporary basis. Nopayment is charged for such temporary home care services. In 2007 a total of 97 persons under the ageof 64 received home care services (0, 3 % of population group), and 663 persons older than 65 receivedhome care services (11, 4 % of population group).Respite careRespite care is provided for old age pensioners and disability pensioners. Users pay DKK 125 perday/night for respite care (2009 costs). In 2007 44 old-age pensioners received respite care ininstitutions for older people and 32 old-age pensioners received respite care in shared housing forelderly people.

Institutions and shared housingDisabled persons that are not capable to stay in their own homes are offered housing in smallinstitutions or shared houses. Persons that live in shared houses receive disability pension and pay theirown rent as well as other expenses.Persons that suffer from severe physical or mental disabilities and live in institutions do not receivedisability pension. Their personal needs are covered through the institutions’ operating costs. They do,however, receive a special, reduced pension to cover personal needs. This benefit amounted in 2009 forpersons under 60 to DKK 13.704 annually.As of October 2007 a total of 21 women and 24 men lived in institutions for the disabled, and 26women and 43 men lived in shared houses for disabled. In October 2007 a further 6 women and 21men lived in shared houses and institutions for the mentally ill.Persons of old age that are not capable of staying in their own homes are offered housing in institutionsor in shared housings for elderly people. Pensioners living in shared houses receive old age pension andpay their own rent and other expenses. Pensioners living in nursing homes or institutions for elderlypeople do not receive old-age pension. They are, however, paid a special, reduced pension to coverpersonal needs. In 2009 this benefit amounted to DKK 11.424,00 a year. In addition, pensioners ininstitutions receive the previously mentioned solidarity employment-pension.In October 2007 a total of 230 women and 120 men older than 60 lived in institutions for older people,and a further 80 women and 46 men older than 60 lived in shared houses.Personal assistanceAccording to the Public Welfare Act, disabled persons living in their own home receive personal helpto assist and support the person in living an independent and active life. There is no charge for thisservice. In 2007 about 115 persons received such personal assistance.Sheltered workshopPersons that suffer from mental disabilities are offered the possibility to work at a sheltered workshop.These persons typically receive the highest disability pension and in addition they earn a symbolicpayment for their work at the workshop. In October 2007 a total of 54 women and 74 men worked at asheltered workshop.Other servicesPublic support is also provided to foodservice and some municipalities also run day-care centres forelderly persons.Mobile disabled persons can use the special transportation means found in most local areas.Social expenditureAlmost all social security payments and services are financed through taxes.Social expenses and GNPIn 2006 social expenses as share of Faroese GDP were as follows:Families and children4, 3 %

Social security on equal footingAll people with a permanent residence in Faroe Islands are, on an equal footing, guaranteed socialsecurity and benefits regardless of the degree of affiliation to the labour market. Women have the sameright to social security as men.Definition of “family”There is no legal definition of the term “family”. The term is used in Faroese legislation alongside theconcepts of “individual”, “parents” and “providers”. The concept of “family” is generally perceived inFaroese social legislation in the broadest sense: any relationship, in which two generations are registeredat the same address in the National Registry; and, in which the people involved have a financial andemotional relationship with each other. This means that married couples, unmarried couples, and singleparents with children are all considered families. However, unmarried couples living together inrelationships are in most cases treated as two individuals with regards to social benefits.Support for familiesA thorough description of the right to family life, alternative care and upbringing can be found inparagraph XXVI of section 3 in CRC/C/DEN/4. The reader is also referred to paragraph XXVII.Bfor a description of the rights of the child to child care services and facilities, and to paragraphXXVII.C concerning children with disabilities.The Faroese legislation concerning parental leaveThe mother of a child has the right to maternity leave from the last four weeks before giving birth andthe first 14 weeks post partum. The father of the child has the right to 4 weeks paternity leave in thefirst 34 weeks after birth. In addition, the mother and father can decide on how they wish to distributean additional 38 weeks of joint parental leave.The parental leave grant is calculated on as 100% of the average monthly income (taxable) in the last 12months prior to childbirth. Currently, the parental leave grant is capped at DKK 25,000 per month (~€3350). Employed recipients are also awarded holiday allowances for the period spent on leave.The Faroese Parliament has made recently amendments to the legislation concerning parental leavecompensation, which increased the period for receiving the exclusive paternity pay from 2 to 4, thematernity pay period remains unchanged at 14 weeks, but the joint parental pay period – which parentscan freely distribute amongst themselves – was extended from 10 to 16 weeks.Age of majorityArticle 10

On Faroes the age of majority is 18 years and persons under the age of 18 are minors, without the rightto vote or full legal capacity to decide personal and property matters. Please refer to paragraph XXIII.Aof section 3 in CRC/C/DEN/4 for further information on the issue of age of majority.Protection of the child and young personsOn 11 May 2000, Faroese parliamentary Act no. 70 on occupational health and safety was adopted.This Act also governs work in relation to children and persons younger than 18 years of age. Section 48of the Act provides the following:“Children aged under 14 shall not perform occupational work except for light assisting work two hours per day. However,for children belonging to the employer’s household, these rules only apply with respect to technical plant, machinery,paraphernalia and materials or substances which may be dangerous to the children.(2). The Faroese minister may, however, determine a higher age limit than 14 years for certain types of work, or ifconditions cause the work to be dangerous to the safety, health and development of young people.(3). The Faroese minister may lay down rules to the effect that children aged under 14 can perform light occupationalwork.”It should be noted that the Act applies to work performed for an employer. Whaling, sealing andfishing are, however, exempt, but section 48(2) also applies to work not performed for an employer aswell as to the whaling, sealing and fishing industry. The Act only applies to aviation when work isperformed on the ground. The provisions only apply to the shipping and fishing industries with respectto the loading and discharge of vessels, including fishing vessels and shipyard work on board vesselsand work that must be treated as such.Executive Order no. 102 of 19 July 1990 on an age limit for tending certain machines at filet processingplants provides that particularly hazardous machines shall not be operated by persons under the age of17. Other machines shall be assessed by the inspectors of the Working Environment Authority andshall be marked with an age limit, preferably in cooperation with the safety inspector at the respectivecompany.To the governments’ knowledge, there are no groups of children and young persons which do notenjoy these measures of protection and assistance at all, or which do so to a significantly lesser degreethan the majority, cf. CRC/DNK/5. Please refer to paragraph XXIX of section in CRC/C/DEN/4for a description of the special measures for protection of the child.It is the obligation of the employer to ensure, that his workplace abides by the provisions of theparliamentary Act on occupational health and safety. The Working Environment Authority overseesthat this is done correctly. To the governments’ knowledge, there are no difficulties in ensuring theserights.Regrettably, the Office of National Statistics does not collect such information and no official povertyline exits in the Faroe Islands.Article 11The right to adequate housingThere is no Faroese legislation laying down the right to housing. Yet, most people live in their ownhouses, while only a small proportion rents apartments in the private housing market. Housingstandards in the Faroe Islands are generally high and most homes are spacious with own toilet,bathroom, central heating etc.

Municipal authorities allocate building sites for residential homes to citizens according to internal rulesand regulations. In some municipalities, however, there are waiting lists for such sites, particularly in thearea around the capital, Tórshavn.Families are not granted housing benefits, yet, pursuant to the Parliamentary Act No. 148 of December30th1996 on Rent Support, home-owners are given a tax-refund on a proportion of their mortgageinterest payments.Homeless peopleAccording to the Act on Public Welfare the social authorities and voluntarily organizations worktogether to establish special housings for homeless people. In 2008 a total of DKK 2,150,000 of publicfinances were used for this aim.In May 2005 it was estimated that 4 women and 16 men in the Faroe Islands were homeless, of which12 were in need of long-term housing. The Ministry of Social Affairs knows of no street children onthe FaroesHousings for elderlyThe majority of elderly people reside in the general housing stock, primarily in own homes, where theycan receive homecare and other services, which enables the elderly persons to live in their own homesfor as long as they are willing and able.Law on flexible housing arrangementsThe Ministry of Social Affairs is currently preparing a bill on flats in co-operative societies so as to meetthe general demand for more flexible housing arrangements at lower prizes than home ownership. Thebill also deals specifically with special flats as a means to ensure reasonable prized housings for personswith special needs.Law on rentable housingsLegislation from 1940 regulates matters concerning the rental housing market; however this legislationonly applies to the area around the capital, Tórshavn. In order to update legislation and regulate therental housing markets in the remaining parts of the country a new bill on rental housings is currentlybeing prepared. A main purpose with the act is also to secure better standards for rental housings.Article 12The Faroese System of Public Health CareThe Faroese System of Health Care is regulated through Faroese Parliamentary legislation, whichdetermines the responsibilities of and services by the Faroese System of Health Care. The Ministry ofHealth is charged with the administration of the system of health care.The services and responsibilities of the Faroese System of Health Care include;1) Hospital services2) Health care services3) System of General Practitioners4) Home care services5) System of school nurses6) System of dental services

7) Health insurancesAs of May 1st2009 foreign citizens no longer receive medical treatment for free from the FaroesSystem of Health Care. Citizens of countries that have signed agreements on mutual health serviceprovision with the Government of the Faroes will receive emergency assistance free of charge.Emergency assistance is also provided, irrespective of nationality, however, in such cases the respectiveindividual, insurance company or country of origin must pay for the services renderedA Public Health Council was established according to Faroese Parliamentary legislation from 2000, aslast amended in 2007, the purpose of which is to advise the Minister of Health and strengthen measuresthat promote health and prevent illness and accidents in the social and health services. This alsoincludes tasks such as conducting studies and supporting research in the area.In 2006, the Minister of Health presented a public health plan with specific health promoting andpreventive actions in the area of exercise, aimed to deal with smoking, food and alcohol and drugabuse. The objective is to improve the Faroese population’s standard of health, and efforts are directedespecially towards children and young people. The Public Health Council is responsible foradministering the plan.The Faroes participate in the ESPAD surveys, which are surveys of 9th form pupils’ smoking, alcoholand drugs habits. They show, compared to the other countries in the surveys, that young people in theFaroe Islands drink alcohol to a slightly lower extent but have been drunk to a slightly higher extent.The number of young persons that have been smoking/smoke is substantially higher, whereas thenumber of young persons on the Faroes that use illegal drugs is lower. However, the number of youngpersons that mix alcohol and pills is slightly higher.General preventive actionsSale of alcohol and tobaccoPursuant to the Act on the Import and Sale of Alcohol and the Act on Action to Reduce the Use ofTobacco, the sale of alcohol and tobacco to persons under the age of 18 is prohibited.Preventive action – smokingIn 2005, the Faroese Parliament adopted the Act on Action to Reduce the Use of Tobacco for thepurpose of reducing smoking and ensuring the right for everyone to live in an environment without anysmoking. One of the primary objectives of the Act is to prevent children and young people fromsmoking and ensure that smoking is not part of children’s everyday life. This has been achieved bybanning smoking indoors in public places such as schools, day care centres, sports centres, etc. Inaddition, it is prohibited to sell tobacco to young people under the age of 18. The Act also includes aban on tobacco advertising, except for information campaigns and warnings against smoking, however.A new smoking act has been adopted by the Faroese Parliament, by which smoking is banned indoorsin places to which the public has access, including restaurants. It also bans smoking in rooms in privatehomes while public child care services take place there. Moreover, it prohibits any display of cigarettes,etc. in shops.Both the Act on Action to Reduce the Use of Tobacco and the Smoking Act have been drawn upbased on the WHO Framework Convention on Tobacco Control from 2003 on initiatives to reducethe use of tobacco.Preventive action - drugsFaroese authorities take part in the Nordic cooperation on drugs in the Nordic Council of Ministersand the Nordic Drugs Forum. In 2007, the Faroe Islands set up a forum with representatives from

relevant authorities and institutions. The objective is exchange of information and experience in thearea of controlled drugs on the Faroes.The prohibition of controlled drugs is regulated by the Royal Decree for the Faroes on ControlledDrugs and the Act on Pharmacy Operation.Preventive action – SSP cooperationAn initiative has been launched to establish organised SSP cooperation by 1 August 2008. The SSPcooperation is between schools, social services and the police. The plan is to appoint an SSP consultantto assist and coordinate the various elements of the system and in relation to children, young persons,and parents.Preventive action – youth counsellingThe association Barnabati whose objective is to protect the welfare of children and young personsreceives public grants. For 2008, the grants have been raised by DKK 100,000 earmarked for a childand youth counselling project.Preventive action – pregnancyPursuant to the Act on Pregnancy Hygiene and Obstetric Aid, which came into force in the Faroes byRoyal Decree No. 643 of 9 December 1982, guidance on the use of contraceptives may be offered andgiven to persons who are under the age of 18 and unmarried or legally incapable for personal reasonswithout the consent of a custodial parent or guardian.The number of induced abortions for the Faroe Islands is relatively low. The number of inducedabortions in 2005 was 40.7 per 1,000 live births. The total abortion rate was 139.4. The abortion rateper 1,000 women aged 15-19 years was 3.3 and the rate for women aged 20-24 years was 1.6.A survey of live births per 1,000 women divided into age groups shows that more women under theage of 19 became mothers than in other Nordic countries6.Live births 2001-05 (per 1,000):- 15-19 years old: 13.5;- 20-24 years old: 109.8- Total fertility: 2566In addition, a new guidance service was set up in 2007 aimed to provide advice and guidance towomen, including young mothers, on questions such as pregnancy.The Act on Measures in Connection With Pregnancy, etc. (1956), as last amended by Royal Decree No.151 from 1988, provides rules on when a woman may have her pregnancy terminated.By Royal Decree No. 643 of 9 December 1982 on the coming into force for the Faroe Islands of theAct on Pregnancy Hygiene and Obstetric Aid, as last amended by Royal Decree No. 543 of 30 June1993, it is provided that in connection with pregnancy women are entitled to five preventive medicalexaminations by a doctor, three of them during the pregnancy. In addition, women are entitled topreventive health examinations by a midwife and to obstetric aid. Under the Child Welfare Act,healthcare professionals have a duty to report when they assess that a pregnant woman is in need ofsupport due to serious alcohol or drug abuse, mental illness or psychological difficulties.

In the period 2001-2005, a newborn boy in the Faroe Islands could expect to attain the age of 76.9years, and in the same period a newborn girl could expect to attain the age of 81.4 years.Infant mortalityAccording to statistical information from Nomesco 2005 the infant mortality in the period 2001-05 wasas follows: (table 2.2.3):- per 1,000 births: 2.3 stillbirths, 4.0 perinatal deaths, 0.9 within the first 24 hours.- per 1,000 live births: 1-6 days: 0.9, 7-27 days: 0.6, total under 1 year: 3.2.Preventive action – suicide and accidentsThe suicide rate of the Faroe Islands is relatively low. A survey of deaths due to suicide (per 100,000inhabitants broken down by sex and age) shows that the total rate among men is 11.5. The rates formen in the age groups 10-19 years and 20-24 years are 5.3 and 12.3, respectively. For women the totalrate is 0.9 per 100,000 inhabitants (table 4.1.6 Nomesco 2005).As for accidents, relatively many young men under the age of 24 are killed in accidents. A survey ofaccidental deaths per 10,000 inhabitants broken down by sex and age in the period 2001-05 shows thefollowing:- Total men: 36.8; men 0-14: 7.0; men 15-24: 70.4- Total women: 19.4; women 0-14: 3.7; women 15-24: 6.9Article 13The child’s right to education

Pursuant to the Faroese Parliamentary Act on Public Primary and Secondary School, i.e. Act No. 125of 20 June 1997, as last amended by Act No. 64 of 7 June 2007, all pupils of education age must receiveeducation, but there is no compulsory schooling. Consequently, all children in the Faroe Islands areentitled and obliged to participate in the Fólkaskúli’s instruction or any other instruction which canmatch that of the Faroese Fólkaskúli. Compulsory education commences at the beginning of the schoolyear in the calendar year in which the child reaches the age of seven years. It comes to an end when thechild has received regular instruction for nine years. Moreover, there is an optional 10th form. Undercurrent legislation, children may be exempted from ordinary instruction after seven years of education.However, this will require implementation of other educational measures which may be approved as analternative or supplement to the 8th and 9th school years. The Faroese Fólkaskúli offers children freeeducation for a period of ten years.In the academic year 2007/08 a total of 7,200 pupils attended the Fólkaskúli, of which 40 % lived in themetropolitan area. There are 680 teaching positions in the Faroese primary and secondary school andthe language of instruction is Faroese.The Faroese Teacher College (Føroya Læraraskúli) is responsible for the education of primary andsecondary school teachers. In the academic year 2007/08 approximately 200 students attended thecollege. Approximately 24 primary and secondary school teachers graduate from the college per year.With the amendment of the Primary and Secondary School Act of 7 June 2007 several reforms wereintroduced. These reforms involved e.g. the strengthening of elementary instruction by the increase ofthe number of lessons in the 1st, 2nd, and 3rdyear, the introduction of compulsory national tests inFaroese, mathematics and natural sciences/technology in the 4thand 6thyear, diagnostic tests in selected

subjects in the 3rd, 5th, and 7thyear as well as new curricula with competence assessments in the 2nd, 4th,6th, 9thand 10thyear. Both the introduction of tests and of curricula with competence assessment arepart of an overall plan to strengthen the evaluation of the schools’ instruction with a view to upgradingthe quality of the education provided.A compulsory requirement on schools is to ensure ongoing evaluation of the instruction as anintegrated part of the instruction. The evaluation must be used as an instrument to plan future teachingand as a basis for guidance of pupils and information to pupils and parents on the pupils’ outcome ofthe instruction. It is a requirement that the instruction is based on the individual pupil, and that it isplanned and differentiated to ensure that it corresponds to the needs and abilities of each pupil. In eachsubject the teacher and pupil work together on an ongoing basis to determine the goals to be fulfilled,after which the pupil’s work is planned to take account of these goals. Working methods and topicselection must also be planned in cooperation between teachers and pupils.In addition, the reform comprises amendments which facilitate the special education measures forpupils with adjustment and attachment difficulties, upgrading of the examination regulations andpossibilities of launching educational research in the school area.Municipal authorities are responsible for providing school premises and initiate renovation projects andnew buildings. The local authorities are different with regard to population and tax receipts, andconsequently school buildings and their facilities vary a great deal. In recent years the local authoritieshave initiated major renovation work on school buildings and several new buildings have beenconstructed.Upper secondary education

A Faroese upper secondary degree awards access to higher education on the Faroe Islands and inDenmark as well as to higher education in most other countries. According to an agreement betweenthe National Education Authority of Denmark and The Faroese Ministry of Education, Faroese uppersecondary education is approved as equivalent to a corresponding education in Denmark.In the Faroe Islands the following upper secondary education is available: general upper secondaryschool leaving examination, higher preparatory examination, commercial upper secondary schoolleaving examination, technical upper secondary school leaving examination and higher fishingexamination. Upper secondary education is available on Suðuroy, in Tórshavn, Vestmanna, Fuglafjørðand Klaksvík. Approximately 60 % of a youth cohort receives upper secondary education. Ourstatistical material is not very precise and, unfortunately, we do not have a definite overview of the rateby which young people go on to receive a higher education after the completion of upper secondaryeducation. We estimate that this rate is about 35 % and our goal is that by the year 2015 approximately50 % of a youth cohort will take higher education.Vocational education and training

Vocational training may be taken in two ways. One way is based on the signing of a contract betweenan employer and an apprentice. In such cases, the apprenticeship training programme takesapproximately four years and is structured according to the sandwich principle where the apprenticeswitches between training on the work place and school courses.Another way to take vocational training is to complete a basic year at a vocational college, after which acontract is signed between the employer and the apprentice. Part of the basic year is accredited to theoverall apprenticeship training programme, however, depending on the subjects.Accordingly, it is possible to complete a full apprenticeship training programme on the Faroes as amotor mechanic, electrician, hairdresser, machine fitter, plumber, joiner and carpenter.

Due to lack of statistical material, it is not possible to provide an overview of the dropout rates frompost-secondary education, but some surveys suggest that the drop-out rate from general uppersecondary education is about 20 – 25 %. However, the same surveys also suggest that some of theyoung people that did not complete their initial education programmes have taken another general orvocational post-secondary education at a later stage.In order to reduce drop-out rates and give young people in secondary school a better opportunity tochoose a general or vocational post-secondary education programme based on better insight andknowledge, the Faroese Ministry of Education and Culture is contemplating a reform of the entireguidance counselling system, in order to obtain coherent, continuous guidance of all pupils all way fromsecondary school on to higher education. Career guidance counselling and instructions on therequirements of the labour market will also be part of the reform.The objective of the Faroese System of Education

Faroese Parliamentary legislation concerning the Public Primary and Secondary School (Fólkaskúli)establishes that it is the responsibility of the schools, in close cooperation with parents, to ensure thatpupils acquire knowledge, skills, working methods and ways of expressing themselves, which willcontribute to the particular pupil’s over-all development.The Faroese Public School (Fólkaskúlin) must also provide a framework that gives pupils theopportunity of experiences, active minds and absorption as well as possibilities to develop their ownawareness, imagination, and desire to learn. In addition, they should be able to train their ability to formindependent opinions, decisions and initiatives and they should feel confident of themselves and theopportunities of the community.Moreover, the public school must cooperate with parents in giving the pupils a Christian and moraleducation and upbringing. While showing due respect for the cultural and moral values of theindividual child’s upbringing, it is also the responsibility of the Faroese public school to develop pupils’knowledge of Faroese culture, help them to understand other cultures, as well as human’s interactionwith nature.The Faroese public school must, in addition, provide a framework for the everyday life and work at theschool which builds self-esteem in the individual pupil, fosters confidence and the ability to cooperate,and installs them with a sense of responsibility and respect for other human beings.The school must in this way prepare pupils for the empathy, co-determination, joint responsibility, andthe rights and duties of citizen in a democratic society. It is the intention that the school’s instructionand everyday life is based on intellectual freedom, equal rights and democracy.The planning of the instruction, including selection of teaching and working methods, educationalmaterial and selection of topics, must live up to the objectives of the Fólkaskúlin each individual pupil’sneeds and qualifications must take into consideration in the practical structuring of teachings.Consequently, the school’s management must ensure that all teachers plan and prepare their instructionso that it includes challenges for all pupils.Special needs education and schooling for children with disabilities

Children are referred to special needs education and other special needs assistance in cooperationbetween the school, the parents and the local PPR office (the educational-psychological advisoryservice).The Finance and Appropriation Act for 2007 included an allocation of DKK 50.2 million for specialcare education and other special needs assistance and special needs guidance in primary and secondaryschool.The special needs area will in future consist of a main PPR office in Torshavn and five local PPRoffices, which are supervised by the main office in Tórshavn. The local PPR offices, set up incooperation with the local authorities, will offer special needs guidance and assistance to localauthorities, schools, day care centres, parents, pupils, etc.Another part of the restructuring of the special needs area is the establishment of ‘centre schools’ atselected schools, where units for special needs pupils in the school district will be created, i.e. childrenwith autism, AD/HD, Down’s syndrome, etc.Article 14These rights are ensured on the Faroes, cf. above.Article 15Leisure and cultural activities

Under Act No. 70 of 30 June 1983 on Leisure Education, as amended most recently by Act No. 124 of10 December 2003, the Ministry of Education and Culture appropriates funding to local authorities fortheir establishment of leisure education for children and young people. The services consist of threecategories:1. General leisure education, which is available to all who have attained the age of 14.2. Special leisure education, which includes special needs education for adults in writing, reading,arithmetic and Faroese for foreigners, instruction aimed at the school leaving examination, higherpreparatory examination single subject course and work-related training such as maritime education innavigation, navigation rules, examination for motormen and radiotelephony.3. Recreational activity, which is for children and young persons younger than 25 years, offering avaried selection of courses and subjects. The relevant statutory order attaches great importance tomaking the activities available to all who are interested, in order that no one is denied access due to acertain ideology, job, association or other. Course subjects may be song and music, dance and drama,chess, art, needlecraft, ICT, film, photo and sports.The annual funding is provided in proportion to the population of the local authorities and inaccordance with the teaching load within the three main areas. Consequently, the Ministry pays 50 % ofthe support for general leisure education and recreational activity and 100 % for special leisureeducation.The number of participants in leisure education in the academic year 2006/07 was 6,472 students.Approx. 1,500 took recreational activities. The total budget was approx. DKK 9 million, of which theMinistry of Education appropriated DKK 5.5 million.Patents and intellectual property rightsAccording to Royal Decree No. 1003 of December 11th2001, the Danish parliamentary Act on patentsand intellectual property rights also applies for the Faroe Islands.This Act realize the right of everyone to benefit from the protection of the moral and material interestsresulting from any scientific, literary or artistic work of which he or she is the author.To the governments’ knowledge, there are no difficulties and shortcomings in securing these rights.