Concluding Observations of the Committee on the Rights of the Child:DENMARK1. The Committee considered the fourth periodic report of Denmark(CRC/C/DNK/4) at its 1594thand 1595thmeetings (see CRC/C/SR1594 and 1595),held on 24 January 2011, and adopted, at its 1612thmeeting, held on 4 February2011, the following concluding observations.A. Introduction2. The Committee welcomes the submission of the fourth periodic report as well asthe written replies to its list of issues (CRC/C/DNK/Q/4/Add.1) and appreciates theconstructive dialogue with the State party’s multi-sectoral delegation. However, theCommittee notes that the fourth periodic report of the State party does not conformto the reporting guidelines (CRC/C/58/Rev.2) on the Convention and urges the Stateparty to submit its subsequent periodic reports in accordance with the guidelinesmentioned.3. The Committee reminds the State party that these concluding observationsshould be read in conjunction with the concluding observations on the initial reportof the State party under the Optional Protocol on the sale of children, childprostitution and pornography (CRC/C/OPSC/DNK/CO/1), adopted on 29September 2006, and under the Optional Protocol on the involvement of children inarmed conflict (CRC/C/OPAC/DNK/CO/1), adopted on 30 September 2005.

B.Follow-up measures undertaken and progress achieved by the Stateparty4. The Committee notes with appreciation the adoption of:(a)The Child’s Reform (BarnetsReform)of 2010 which entered into forceon 1 January 2011, and entails amendments to the Act on Social Services, to betterserve the best interests of the child in the handling of cases involving specialsupport for disadvantaged children and young people as well as strengthens the rightof the National Social Appeals Board (Ankestyrelsen) to take up cases at its owninitiative, when a child is at risk;(b)The Act on Parental Responsibility, which entered into force in October 2007;

(c) The Care Placement Reform Act No. 1442 of 22 December 2004 whichentered into force on 1 January 2006, and aims to improve standards of care forchildren in alternative care settings.5. The Committee welcomes the ratification of the following human rightsinstruments:(a)Council of Europe Convention on the Protection of Childrenagainst Sexual Exploitation and Sexual Abuse in November 2009;(b)Protocol Against the Smuggling of Migrants by Land, Sea andAir, supplementing the United Nations Convention againstTransnational Organized Crimes, 2000, in December 2006; and the(c)Additional Protocol to the Convention on Cybercrime,concerning the criminalisation of acts of a racist and xenophobic naturecommitted through computer systems, 2003, in September 2005.C.Main areas of concern and recommendations

1. General measures of implementation (arts. 4, 42 and 44, para. 6 of theConvention)The Committee’s previous recommendations6. The Committee welcomes efforts by the State party to implement theconcluding observations of the Committee adopted in September 2005(CRC/C/DNK/CO/3) following the consideration of the third periodic report of theState party. Nevertheless, the Committee regrets that some of its concerns andrecommendations have been insufficiently or not addressed.7.The Committee urges the State party to take all necessary measures toaddress those recommendations from the concluding observations on the third

report that have not yet been implemented or sufficiently implemented,including those related to legislation, coordination, national plan of action,dissemination, data collection and alternative care.Reservations8. While noting that the State party has indicated that only a small number of casescould be affected by the continuation of the State party’s reservation to article 40paragraph (2)(b) of the Convention on the Rights of the Child, the Committeeremains concerned at the maintenance of this reservation which, in breach of theright to a fair trial, limits the right to appeal for children who have been sentencedfor minor offences.9.In light of the Vienna Declaration and Plan of Action of the WorldConference on Human Rights of 1993 (A/CONF.157/23), the Committeerecommends that the State party consider withdrawing the reservation madeto article 40 paragraph (2)(b) of the Convention.Status of the Convention10. While noting that the Convention may be invoked and applied by the courts andadministrative authorities, the Committee notes with concern that the Convention isreferred to only in a limited number of cases and that the application of theConvention by judicial authorities and administrative decision-making bodies islimited, due largely to the Convention not being fully incorporated into the nationallegislation of the State party.11.The Committee recommends that the State party promote the applicationof the Convention on the Rights of the Child by the courts and administrativedecision-making bodies, including by undertaking measures to fullyincorporate the Convention into its national legislation.Legislation12. The Committee welcomes legislative action undertaken by the State party thathave direct bearing on the lives of children, including those regarding parentalresponsibility and day care as well as the Child’s Reform of 2010 and its objectiveof increasing support for children and young people with special needs to ensureequal opportunities in personal development and health. The Committee, however,remains concerned that there is no legislative framework of a more comprehensivenature covering the full scope of the Convention. It is also concerned that childrights legislation in Greenland and the Faroe Islands has yet to be harmonized withthe principles and provisions of the Convention.13.The Committee recommends that the State party, including the authoritiesin Greenland and the Faroe Islands, take all necessary measures to ensure thatlegislation and administrative regulations throughout the territory of the State

party conform fully to the principles and provisions of the Convention and thetwo Optional Protocols, that new legislation is assessed in due course andevaluated in terms of its impact on children, and that it considers drafting arights-based Child Act encompassing all rights under the Convention. In thisrespect, the Committee urges the State party to ensure that the proposedreform to the Greenland Act on Help to Children and Youth, to be undertakenwith UNICEF support, is a comprehensive exercise taking full account of allrights and of the views of children.Coordination14. While noting that the Municipal Reform of 2007 seeks to streamline thedistribution of responsibility between the national and the local level by transferringthe financing and implementation of social (citizens) services to the municipalities,the Committee remains concerned at the absence of a clear national mechanismresponsible for the overall horizontal and vertical coordination of the Convention’simplementation. Furthermore, the Committee is deeply concerned at the possiblenegative effects the new distribution of responsibilities may have on the lessendowed and/or less advanced municipalities, including those in Greenland and theFaroe Islands, thus deepening disparities in the full enjoyment of rights by thechildren of different municipalities.15.The Committee calls upon the State party to clearly identify a high-levelcoordination system/authority across sectors and with all regions andmunicipalities in order to ensure the implementation of child rights in acomprehensive, coherent and consistent manner, throughout its territory.Furthermore, the Committee recommends that such coordination addresses, ina timely and open manner, the disparity issues among municipalities that mayarise due to the implementation of the Municipal Reform.National Plan of Action16. The Committee welcomes the various sectoral strategies developed concerningchildren, including Greenland’s 2010 strategy “A Safe Childhood”. However, itregrets that the State party has yet to adopt a comprehensive rights-based policy anda harmonized plan of action for the full and effective implementation of theConvention throughout its territory.17.The Committee recommends that the State party develop a comprehensivepolicy and a harmonised plan of action for the full implementation of theConvention. In doing so, the Committee recommends that the State partyensure that such comprehensive policy and plan of action are rights-based andare an integral component of national development planning, taking fullaccount of the different regional contexts, particularly in the territories ofGreenland and the Faroe Islands. It further recommends that the harmonisedplan of action contain specific time-bound and measurable goals and targets toeffectively monitor progress in the enjoyment of all rights by all children. The

National Plan of Action should be linked to national, sectoral and municipalstrategies and budgets to ensure appropriate allocation of the financial, humanand technical resources required for its implementation.Independent monitoring18. The Committee notes with satisfaction that the delegation announced anincrease in funding for the Danish National Council on Children but notes that thisinstitution does not fulfil the role of an Ombudsman. Furthermore, the Committeedeeply regrets that its earlier recommendation for the establishment of anindependent mechanism to monitor the implementation of the Convention has notbeen followed and takes note, with concern, of the State party delegation statementthat there is no intention to establish an Ombudsman for Children in Denmark giventhe existence of an Ombudsman on Public Administration to whom complaints byor for children can be submitted.19. The Committee welcomes the proposed establishment in Greenland of anindependent Children’s Council, based on the Paris Principles. However, it remainsconcerned that in the Faroe Islands no measures have been undertaken to establishan independent mechanism for child rights.20.The Committee reiterates its recommendation that the State party takesmeasures to ensure that the Ombudsman system in the country takes fullaccount of the Convention and establishes therein a transparent, wellresourced and specialized facility to monitor the implementation of child rightsand empowered to deal with individual complaints. In doing so, the Committeerecommends that the State party conducts an evaluation of its currentindependent monitoring system, and applies the findings to set up such facilityfor children’s rights. For the situation in the Faroe Islands and Greenland, theCommittee reiterates its previous recommendation (CRC/C/DNK/CO/3). TheCommittee reminds the State party of its General Comment No. 2 on The Roleof Independent National Human Rights Institutions in the Promotion andProtection of the Rights of the Child (CRC/GC/2002/2).Allocation of resources21. The Committee is concerned that making municipalities entirely responsible –by virtue of the Municipal Reform of 2007 – for the financing, supply andallocation of social services with only partial State reimbursement for high-costcases may lead to situations where children in some municipalities, particularly themost disadvantaged, do not enjoy the full range of necessary social services.Furthermore, while noting that the National Appeals Board can address situations inwhich such discrepancies arise, the Committee is concerned that this could inpractice make the right to equality of resource allocation subject to the delays anduncertainties of an appeal process. The Committee is also concerned thatinsufficient resources have been allocated for the realization of the right to

education for children in Greenland and the Faroe Islands, and for mental healthservices throughout the State party’s territory.22.The Committee urges the State party to ensure that its allocation ofresources to all sectors covering child rights remains high and is equitable,bearing in mind the need for financial support to those municipalities whichrequire it in order to ensure fully the realization of all rights of all children,and that the budget requirements, particularly in education and mental healthservices, are fully met.Data collection23. While appreciating improved data collection system in the territory ofGreenland, the Committee remains concerned about the lack of adequate resourcesfor the effective collection of statistical data on the implementation of theConvention in the Faroe Islands and notes the lack of statistics on both territories onpoverty and on cases of abuse.24.The Committee urges the State party to strengthen statistical systems andanalysis on the implementation of the Convention in the Faroe Islands and inGreenland, and to ensure data is systematically collected and used to informpolicy and programmes in relation to poverty, violence and abuse. In general,it recommends that the State party continue to strengthen its capacity for thesystematic collection and analysis of data disaggregated, inter alia, by age, sexand ethnic background on all persons under the age of 18 for all areas coveredby the Convention throughout its territory.Dissemination and awareness raising25. While welcoming the State party’s information that human rights anddemocracy are part of the school curricula at both primary and secondary schoollevels, the Committee is concerned at the low rates of awareness of the Convention,especially amongst children.26.The Committee urges the State party to incorporate teaching on theConvention as a specific subject in school curricula. It also urges the Stateparty to promote knowledge of the Convention with the public at largethrough, inter alia, the mass media.Training27. The Committee is concerned that the curriculum for the training of personsworking for and with children, including teachers, does not include the Convention.Committeereiteratesitspreviousrecommendation28.The(CRC/C/DNK/CO/3) for the State party to develop systematic and ongoingtraining programmes on human rights, including children’s rights, for all

persons working for and with children, e.g. judges, lawyers, law enforcementofficials, civil servants, local government officials, teachers, social workers andhealth personnel, and especially for children themselves.Child rights and the business sector29. The Committee notes with appreciation the adoption of the Act amending theDanish Financial Statements Act (Accounting for Corporate and SocialResponsibility (CSR) in large businesses) of December 2008, which obliges the1,100 largest corporations in Denmark to report on their CSR policies andinitiatives. However, the Committee notes that there is no specific mention to childrights or to the Convention on the Rights of the Child as part of the Act’sframework for reporting.30.The Committee recommends that the State party provide a framework forreporting on child rights by Danish corporations, including multinationalcorporations headquartered in Denmark, and for the National Contact Point toaddress cases of non-compliance, including extraterritorially, by Danishmultinational enterprises. In so doing, the Committee recommends that theState party apply the relevant provisions of the Convention. The Committeefurther encourages the State party to give due consideration to experiencesfrom around the world in the application of, inter alia, the UN Business andHuman Rights Framework to the operations of private and publiccorporations, particularly in respect to child rights.2. General principles (arts. 2, 3, 6 and 12 of the Convention)Non-discrimination31. The Committee expresses concern at the State party’s new immigration laws,which came into force on 1 August 2010 due to the negative effect of inter alia, theincrease in the level of difficulty of the criteria for non-nationals to receiveresidency rights, and the foregoing of public benefits in exchange for points underthe new points-based criteria. The Committee is concerned that this may have thedefactoeffect of exacerbating discrimination against immigrants, especially Romachildren with respect to their access to education and other essential social services.In this context, the Committee is also concerned at the disparity in State assistanceprovided to disadvantaged families newly arrived in the State party, the majority ofwhom belong to ethnic minorities, compared to the assistance provided to otherresidents in similar circumstances.32.The Committee recommends that the State party ensure access to socialservices and to State assistance for families in disadvantaged situations, on anequitable basis. In doing so, the Committee urges the State party to collect andanalyse disaggregated data to comprehensively monitor and address de factodiscrimination, including multiple discrimination that may particularly affect

boys and girls belonging to ethnic minorities and/or have special needs or arein situations of vulnerability.33.The Committee calls upon the State party to ensure the effectiveenforcement of protective laws, to undertake studies and launchcomprehensive public information campaigns to prevent and combat all formsof discrimination, and to sensitize society to the situation and needs of childrenwithin the society and particularly within the family. In this regard, theCommittee requests that specific information be included in the next periodicreport on the measures and programmes undertaken to follow up on theDurban Declaration and Programme of Action adopted by the WorldConference against Racism, Racial Discrimination, Xenophobia and RelatedIntolerance, taking into account the Committee's general comment No. 1(2001) on article 29 (1) of the Convention (aims of education), and in doing sostrengthen its efforts to promote values and behaviour free of discriminationon any ground, including gender, ethnic origin, immigration status, disabilities,sexual orientation and any other.Best interests of the child34. While welcoming the new focus on the best interests of the child encompassedby the Child Reform Act, the Committee remains concerned that it is not yet givensufficient consideration in, particularly, the determination by municipalities of theplacement of a child outside his or her home as well as in the applications fromunaccompanied asylum-seeking children.35.The Committee recommends that the State party ensure that municipalitiesconsider the best interests of the child especially when deciding on placementoutside the home and in refugee determination procedures.Respect for the views of the child36. The Committee welcomes the fact that new legislation such as the Child’sReform of 2010, the Act on Parental Responsibility of 2007, and Care PlacementReform of 2004 have led to strengthening child involvement in decision-making,however, it notes that there is insufficient clarity with regard to the rights of thechild to be heard in administrative and legal proceedings, including placement andthat when drafting the municipal child policy called for in the above mentionedlegislation, municipalities do not sufficiently involve children.37.The Committee recommends that the State party take measures to ensurethat the views of children are taken into account:

(b) on all issues relating to the education, health and welfare of children withdisabilities; and that,(c) more opportunities are created for children to be heard on all matters thatconcern their rights, including for the next report to the Committee.The Committee also recommends that the State party ensures throughappropriate training that all professionals and staff dealing with children’sissues are informed and competent to support the expression of children’sviews. In this respect the Committee refers the State party to its GeneralComment Number 12 on the Right of the Child to be Heard CRC/C/GC/12.3. Civil rights and freedoms (arts. 7, 8, 13-17, 19 and 37 (a) of the Convention)Torture or other cruel, inhuman or degrading treatment or punishment38. The Committee notes with concern that corporal punishment is lawful in thehome and alternative care settings in the Faroe Islands and that, althoughGovernment Circular No. 1 on School Discipline (12 January 1994) states thatcorporal punishment should not be used, there is no explicit prohibition in law.39.The Committee urges the State party to take measures to ensure thatcorporal punishment is prohibited in all settings and throughout its territoryand to conduct awareness-raising and public education programmes with aview to encouraging the use of alternative disciplinary measures in line withthe inherent dignity of the child, while taking due account of the Committee’sGeneral Comment No. 8 on Protection from Corporal Punishment and OtherCruel or Degrading Forms of Punishment (2006).Follow-up to the United Nations Study on Violence against Children40.With reference to the United Nations Study on Violence against Children,the Committee encourages the State party to:(a) Prioritise the elimination of all forms of violence against children, includingby ensuring implementation of the recommendations of the United NationsStudy on violence against children, paying particular attention to gender;(b) Provide information concerning the implementation by the State party ofthe recommendations of the Study in the next periodic report, particularlythose highlighted by the Special Representative of the Secretary General onViolence against children, namely:(i) The development in each State of a national comprehensive strategy toprevent and address all forms of violence against children;(ii) The introduction of an explicit national legal ban on all forms of violenceagainst children in all settings; and

(iii) The consolidation of a national system of data collection, analysis anddissemination, and a research agenda on violence against children.(c) Cooperate with the Special Representative of the Secretary General onviolence against children and seek technical assistance from, inter alia,UNICEF, the Office of the High Commissioner for Human Rights (OHCHR)and the World Health Organization (WHO), ILO, UNESCO, UNHCR,UNODC, as well as NGO partners.4. Family environment and alternative care (arts. 5, 18 (paras. 1-2), 9-11, 19-21,25, 27 (para. 4) and 39 of the Convention)Family environment41. While appreciating the State party action plans against violence on women andchildren (2002-2004 and 2005-2008) and the adoption, as stated by the delegation,of an action plan against violence in the home in the Faroe Islands, the Committee isconcerned that children living with domestic violence – whether as victims orwitnesses – require more focused attention. In particular, the Committee isconcerned that children who have required short stays at crisis centres due todomestic violence were neither appropriately registered nor provided with supportor followed-up by municipalities. The Committee is further concerned thatmunicipal efforts in relation to children living with domestic violence areinadequate.42.The Committee recommends that the State party ensure that:(a) municipalities provide adequate support to children during their stay aswell as in follow-up to their departure from a crisis centre due todomestic violence;(b) authorities consistently examine the child’s situation when reportsindicate that the child has been a victim of domestic violence orwitnessed such violence, and that all such cases are properlydocumented and registered; and(c) psychological support is also made available to adult victims of domesticviolence.

authorities do not receive adequate guidance and supervision. The Committeefurther notes with concern that there continues to be a large number of children whohave been placed into care without an individual action plan, which pursuant to theCare Placement Reform 2004, must set objectives and sub-objectives, inter alia, inrelation to the child’s or young person’s development and behaviour, familycircumstances, school, health and leisure time.44.The Committee recommends that the State party:(a) ensure that implementation of measures related to the Child Reform Act2010 provide appropriate support to families by addressing the risk factors forchildren being placed into care;(b) ensure that the guidance, supervision and monitoring of children placed incare for the protection of their best interests is adequately supported by centraland regional authorities;(c) undertake necessary measures to ensure that children in care are providedwith individual action plans, in compliance with the Care Placement Reform2004 and take into full account the views of the child in care;(d) programme and implement action plans, with a view to ensuring thatfamily-type care rather than institutional care is the preferred form of careprovided to children deprived of a family environment.In doing so, the Committee recommends that the State party take intofull account the United Nations Guidelines for the Alternative Care ofChildren, as adopted by General Assembly resolution 64/142 (A/RES/64/142).5. Basic health and welfare (arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) ofthe Convention)Children with disabilities45. While noting the efforts undertaken by the State party to improve the fulfilmentof the rights of children with disabilities, the Committee is concerned at theenvisaged reduction of allowances to parents of children with disabilities whoneed to withdraw from the labour market to care for their children. With respectto education, the Committee appreciates the analysis undertaken by the Stateparty and shares its concern as to the high number of children with disabilitiesreceiving education in segregated contexts. It also notes with appreciation therecent changes to teacher training syllabus to include a mandatory module onspecial needs education, while it remains concerned that the educationalachievements of children with disabilities are markedly low in comparison toother children. The Committee is concerned that in general, in schools as well asin care institutions and foster families settings, the views of the child withdisabilities are not often heard, including during supervisory visits.

46.The Committee strongly recommends that the State party:(a) reconsider its planned reductions to allowances for parents of childrenwith disabilities who need to withdraw from the labour market to care fortheir children with disabilities;(b) takes steps, in accordance with Article 12 of the Convention and Article7.3 of the Convention on the Rights of Persons with Disabilities, to amendlegislation to ensure that children and young people in all settings,including mental health settings, are guaranteed the right and opportunityto freely express their views on matters of treatment, services and support,and that they have access to age- and disability-appropriate support toexercise these rights;(c) provide, where necessary, alternative communications facilities forchildren with disabilities;(d) further strengthen its measures to provide adequate training to allteachers on the needs of children with disabilities with a view to ensuringthat the quality of education received by such children is of an equal levelto that of all children;(e) expeditiously implement its planned transition of children withdisabilities into elementary schools, and in doing so take into account theCommittee’s General Comment No. 9 adopted in 2006 on the rights ofchildren with disabilities (CRC/C/GC/9).Breastfeeding47. The Committee notes that the State party’s legislation on the marketing ofbreastmilk substitutes does not comply with the International Code of Marketingof Breast-milk Substitutes and subsequent relevant World Health Assemblyresolutions.48.The Committee recommends that the State party implement fully theInternational Code of Marketing of Breastmilk Substitutes. The State partyshould also further promote baby-friendly hospitals and encouragebreastfeeding to be included in nursery training. The Committee furtherrecommends that the State party take measures to collect data onbreastfeeding in a systematic manner that is in accordance withinternational rules.Adolescent health49. The Committee welcomes the State party’s forthcoming ban on the sale ofalcohol to persons under the age of 18 years. The Committee remains concerned

at the growing rate of child obesity and associated increase of exposure tolifestyle diseases and higher mortality, especially among children indisadvantaged situations. It is further concerned at unwanted pregnanciesamongst girls in Greenland and the Faroe Islands.50.The Committee recommends that the State party strengthen its efforts tocombat obesity among children and adolescents, including by ensuringaccess to health advice and care, including in schools, to healthy foods, andadequate opportunities for engaging in physical activity. In this respect, theCommittee recommends that the State party engages the mass media andthe food industry to ensure their contribution to healthy lifestyles andconsumption patterns by children and adolescents. The Committee alsorecommends that the authorities in the territories of Greenland and theFaroe Islands expeditiously prepare and implement appropriateprogrammes and strategies for preventing and addressing unwantedpregnancies.Mental health51. The Committee notes with concern that despite the establishment of a treatmentguarantee for children in need of psychiatric evaluation and treatment, regionalcapacity for providing treatment remains inadequate and lengthy waiting periodsfor children requiring evaluation and treatment for mental health problemspersist. In addition, while noting that, inter alia, the National Board of Health,has the mandate to check and, where necessary, intervene in the diagnosis andprescription for children with attention deficit hyperactivity disorder (ADHD)and attention deficit disorder (ADD), the Committee remains concerned at theincrease in the prescription of psycho-stimulants to children diagnosed withADHD and ADD.52.The Committee recommends that the State party continue to develop acomprehensive mental health care system for children and young people,including prevention, treatment of common mental health problems inprimary health care and specialised care for serious disorders, and that itreduces the waiting period in mental health services. The Committee alsorecommends that the State party carefully monitor the prescription ofpsycho-stimulants to children and take initiatives to provide childrendiagnosed with ADHD and ADD, as well as their parents and teachers, withaccess to a wider range of psychological, educational and social measuresand treatments. The Committee also recommends that the State partyconsider undertaking the collection and analysis of data disaggregatedaccording to substance-type and age through its national substance abusehotline (Giftlinjen) with a view to monitoring the potential abuse of psycho-stimulant drugs by children.

Standard of living53. The Committee expresses its concern that a significant number of children arereported to be living in poverty in the State party. The Committee is also concernedat the effects, particularly on children and women, of the so-called300-hours rule,and increased to 450 hours in 2008, which, inter alia, results in the reduction orwithdrawal of supplementary benefits to married couples who have receivedbenefits for two or more years but have not individually worked for a minimum of450 hours under normal employment circumstances. In particular, the Committee isconcerned that thisrulefrequently has the effect of primarily and disproportionatelyaffecting women of ethnic minorities with serious repercussions for their children.54.The Committee calls upon the State party to reinforce its efforts to providesupport to economically disadvantaged families, including children of singleparents, children of parents on State welfare, and those of newly-arrivedfamilies, and to guarantee the right of all children to an adequate standard ofliving. The Committee also recommends that the State party monitor, incooperation with local authorities, the effects on children and women affectedby the rule of the 450 hours and take measures to ensure that they are notsubject to social inequality and exclusion. Furthermore, the Committee urgesthe State party to take measures necessary for the comprehensive collectionand analysis of data on child poverty, including in Greenland and the FaroeIslands, in order for it to be effectively addressed.6. Education, leisure and cultural activities (arts. 28, 29 and 31 of theConvention)Education, including vocational training and guidance55. While welcoming initiatives such as the “Watch out for Bullying” and“Together against bullying” and the high percentage of schools with a Plan ofAction to address bullying, the Committee is nevertheless concerned at theprevalence of bullying in schools and at the lack of clarity in the law as to theresponsibility of school authorities and follow-up action in cases of failure tocomply the plans of action. The Committee is further concerned that, undercurrent education programmes, only children of European Union or EuropeanEconomic Area citizens are entitled to mother-tongue instruction.

7. Special protection measures (arts. 22, 30, 38, 39, 40, 37 (b)-(d), 32-36 of theConvention)Asylum-seeking and refugee children57. The Committee welcomes the high standards of the reception centres forunaccompanied children seeking asylum and that these children will continue tohave access to a legal representative following a negative decision on theirasylum case as per amendments to the Danish Aliens Act, however theCommittee is concerned that:(a) there are unaccompanied asylum-seeking children disappearing prior to finalprocessing of their asylum case;(b) many children of asylum-seeking families have been diagnosed withpsychological or psychiatric problems as a result of having experienced thetrauma;(c) children who do not cooperate with age-determination will face proceduralconsequences;(d) the majority of asylum-seeking children of school going-age receiveeducation in separate schools where the quality of the education is significantlylower than that of mainstream Danish schools, and that these schools do notgrant academic credits which qualify the children for further education.58.In light of the above listed concerns, the Committee urges the State partyto:(a) undertake a systematic survey on the disappearance of unaccompaniedasylum-seeking children, especially with regard to the effect that revokingresidency rights upon attaining 18 years of age may have on theirdisappearance, and integrate findings in the formulation of the Stateparty’s policies for ensuring that the rights of children in suchcircumstances are fully respected;(b) initiate timely, practical and appropriate measures for preventing thedisappearance of unaccompanied asylum-seeking children, including by: (i)only applying the Dublin II Regulation in cases where it is in keeping withthe child’s best interest; and, (ii) ensuring that all unaccompanied asylum-seeking children are provided with a trained guardian and, if necessary,legal aid, with due regard to the child’s best interest and right toinformation and freedom of expression, upon their arrival and until suchtime when their asylum process is completed;(c) revise the proposed amendments to the Danish Aliens’ Act to removethe proposal that if a child does not cooperate with the age-determination

process there will be procedural consequences and ensure thatinternational standards for how to conduct such process are introduced;(d) apply the Danish Aliens’ Act in a manner that will ensure a legal statusand a durable solution for children suffering from trauma and diagnosedwith psychological of psychiatric problems, providing the social and healthmeasures required for their mental rehabilitation;(e) ensure that asylum-seeking and refugee children receive the samequality of education as children in Danish schools.Sexual exploitation and abuse59. While noting that the State party is in the process of updating its Plan of Actionfor Combating Sexual Abuse (2003), the Committee is concerned that theprogramming process for the updated plan does not directly take into account orseek out the views of the child. The Committee is also concerned that:(a) the psychosocial support available for child victims of sexual abuse isinadequate;(b) the current reporting system on sexual abuse lacks guidelines on theinvolvement of professionals in the identification and reporting of child abuseand neglect;(c) there is no integrated coordination of public measures for the expeditiousrecovery and reintegration of children who have been subject to neglect or abusein the Faroe Islands;(d) there have been reports of trained professionals failing to inform relevantauthorities in cases involving child abuse or violence in the Faroe Islands.60.In light of the above concerns, the Committee recommends that the Stateparty:(a) provide direct channels for children to provide their views on theupdating of the Plan of Action for Combating Sexual Abuse (2003);(b) strengthen the provision of holistic and long-term psychosocial supportto child victims of sexual abuse in its updated Plan of Action;(c) take measures to ensure the application of the Optional Protocol to theConvention on the sale of children, child prostitution and childpornography in Greenland and the Faroe Islands;(d) ensure coordination of public measures to support the expeditiousrecovery and reintegration of children who have been subject to neglect or

abuse in the Faroe Islands, and that professionals working with childrenconsistently report to the relevant authorities all cases where a child issuspected of having experienced abuse or neglect;(e) ensure, through adequate legal provisions, procedures, and regulations,that all child victims and and/or witnesses of crimes, including childrenvictims of abuse, domestic violence, sexual and economic exploitation,abduction, and trafficking, have effective access to justice and are providedwith the protection required by the Convention, fully taking into accountthe United Nations Guidelines on Justice in Matters Involving ChildVictims and Witnesses of Crime (annexed to Economic and Social Councilresolution 2005/20 of 22 July 2005).Trafficking61. The Committee, while welcoming Denmark’s efforts to combat trafficking inchildren, is concerned that Denmark continues to be a significant transit anddestination country for child victims of trafficking-related crimes, includingforced child prostitution and labour. The Committee is also deeply concernedthat the efforts taken to prosecute traffickers and persons subjecting children toforced labor and prostitution continue to require strengthening. The Committeefurther notes with concern the absence of a legal framework to facilitate thegranting of residence permits to child victims of trafficking.62.The Committee urges the State party to take effective measures tosafeguard the rights of children in their territory, especially those ofunaccompanied children, to ensure that they do not fall prey to trafficking.In so doing, the Committee urges the State party to:(a) ensure that children who are suspected victims of trafficking will not beimprisoned as a result of conditions which are the consequence of thembeing trafficked and are provided with specialized assistance services;(b) vigorously prosecute, convict, and sentence sex and labour traffickingoffenders;(c) ensure that the sanctions for such offences are commensurate with thegravity of this serious human rights and child rights abuse;(d) ensure that law enforcement officials and other social officials who areworking with and for the children are effectively trained in methods ofvictim identification and treatment;(e) encourage and support a broad, nationwide public awarenessprogramme;

(f) enhance monitoring of anti-trafficking efforts to improve thegovernment's response to child trafficking;(g) ensure, through appropriate legislative measures, that child victims oftrafficking are not repatriated except where such repatriation is in theirbest interests.Helplines63. The Committee notes with concern that the child helpline (Børnetelefonen) isinadequately funded and is not operational for 24 hours per day every day.64.The Committee recommends that the State party ensure that the childhelpline is open 24 hours per day, every day and provide it with sufficientfinancial and human resources for its operations, including funding forawareness-raising throughout its territory.Administration of juvenile justice65. The Committee expresses its deep concern on the following issues relating tothe administration of juvenile justice:(a) the Administration of Justice Act permits the placement of 14 – 17 year olds in:(i) pre-trial detention for up to eight months and that this limit is subject to furtherextension in cases which the State party considers to be exceptional circumstances;and, (ii) solitary confinement for up to four weeks;(b) the lowering of the age of criminal responsibility from 15 years to 14 years;(c) amendment to the Penal Code in order to abolish the maximum prison sentenceof 8 years in cases involving children;66.In light of the above, the Committee urges the State party to:(a) ensure that, in accordance with the Committee’s General Comment No. 10on Children’s rights in juvenile justice, such standards are fully implemented,in particular, articles 37(b), 40 and 39 of the Convention, as well as the UnitedNations Standard Minimum Rules for the Administration of Juvenile Justice(Beijing Rules), the United Nations Guidelines for the Prevention of JuvenileDelinquency (Riyadh Guidelines) and the United Nations Rules for theProtection of Juveniles Deprived of their Liberty (Havana Rules);(b) amend its Administration of Justice Act to: (i) clearly define the conditionsfor pre-trial detention, and (ii) to, as far as possible, limit its duration, andprohibit the placement of persons under the age of 18 in solitary confinement;

(c) consider repealing the recent amendment to the Penal Code which removesthe upper limit of 8 years for prison sentences issued to persons below the ageof 18;(d) take measures to ensure that no child, regardless of circumstance, issubjected to imprisonment in the ordinary prison system with adults.Children belonging to minority or indigenous groups67. The Committee regrets that the State party has yet to fully implement therecommendations of the Human Rights Committee in 2008 and the Committeeon the Elimination of Racial Discrimination in 2010 to uphold the identity of theInughuit as a distinct indigenous community capable of vindicating traditionalrights in accordance with international norms.68.The Committee reiterates the recommendations of the Human RightsCommittee in 2008 (CCPR/C/DNK/CO/5) and the Committee on theElimination of Racial Discrimination in 20100 (CERD/C/DNK/CO/18-19)and urges the State party to, in accordance with the Committee’s GeneralComment No. 11 on Indigenous children and their rights under theConvention, undertake all measures necessary for ensuring that

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children are able to exercise their right to grow up in a safe culturalenvironment, maintain and develop their identity and use their ownlanguage without being disqualified and discriminated against.8. Ratification of international human rights instruments69.The Committee urges the State party to extend the applicability of theOptional Protocol to the Convention on the Rights of the Child on the Saleof Children, Child Prostitution and Child Pornography and to the Protocolto Prevent, Suppress and Punish Trafficking in Persons, especially Womenand Children to Greenland and the Faroe Islands. The Committee alsorecommends that the State party consider ratifying the InternationalConvention on the Protection of the Rights of All Migrant Workers andMembers of their Families (1990) and the Optional Protocol to theConvention on the Rights of Persons with Disabilities (2006).9. Follow-up and disseminationFollow-up70.The Committee recommends that the State party take all appropriatemeasures to ensure the full implementation of the presentrecommendations, inter alia, by transmitting them to the Head of State, theSupreme Court, Parliament, relevant ministries and local authorities forappropriate consideration and further action.

Dissemination71.The Committee further recommends that the fourth periodic report andwritten replies submitted by the State party and the relatedrecommendations (concluding observations) it adopted be made widelyavailable in the languages of the country (including translation into mostcommon languages of immigrants and refugees residing in Denmark),including (but not exclusively) through the Internet to the public at large,civil society organizations, youth groups, professional groups and children,in order to generate debate and awareness of the Convention, itsimplementation and monitoring.10. Next report72.The Committee invites the State party to submit its next periodic report by1 February 2016 and to include in it information on the implementation ofthe present concluding observations. The Committee draws attention to itsHarmonized Treaty Specific Reporting Guidelines adopted on 1 October2010 (CRC/C/58/Rev.2) and reminds the State party that future reportsshould be in compliance with the guidelines and not exceed 60 pages. TheCommittee urges the State party to submit their report in accordance withthe reporting guidelines. Should a report exceeding the page limitations besubmitted, the State party will be asked to review and eventually resubmittheir report in accordance with the above mentioned guidelines. TheCommittee reminds the State party that if it is not in a position to reviewand resubmit the report, then translation of the report for purposes ofexamination of the treaty body cannot be guaranteed.73.The Committee also invites the State party to submit an updated coredocument in accordance with the requirements of the common coredocument in the harmonized guidelines on reporting, approved by the fifthinter-committee meeting of the human rights treaty bodies in June 2006(HRI/MC/2006/3). The treaty-specific report and the common coredocument together constitute the harmonized reporting obligation underthe Convention.