Retsudvalget 2010-11 (1. samling)
REU Alm.del Bilag 370
Offentligt
NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 15 (A)
OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1*
Denmark
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I. METHODOLOGY AND CONSULTATION PROCESS
1.The preparation of Denmark’s national report has been coordinated by the Ministry of ForeignAffairs with the involvement of relevant ministries. The report was prepared in dialogue with theDanish Institute for Human Rights (DIHR), which has advised on content and process. The DanishGovernment has emphasised that the preparation of the report be based on a broad, nationalconsultation process in accordance with the guidelines issued by the Human Rights Council.2.The consultation process has encompassed public hearings in Copenhagen and Århus,Greenland and the Faroes. The Ministry of Foreign Affairs arranged the meetings in Copenhagenand Århus jointly with DIHR, while the meetings in Greenland and the Faroes were arranged by theSelf-Government of Greenland and the Home Government of the Faroes, respectively. Themeetings gave civil society organisations and private individuals the opportunity to suggest topicsfor inclusion in Denmark’s report.3.The Ministry of Foreign Affairs also launched a web-based consultation process via a newlycreated website where all interested parties could submit suggestions on areas to be covered by thereport. The consultation process has helped identify the issues that are addressed in the report. Adraft report in Danish was released for public comment on the website. Separate contributionsrelating to Greenland and the Faroes are included in the report.II. LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE PROTECTION OF
HUMAN RIGHTS
A. The Danish Constitution
4.Denmark is a parliamentary democracy with a royal head of state. The framework for thesystem of government is laid down in the Constitution, which was last amended in 1953. Themembers of Folketinget – the Danish parliament – are elected by a secret ballot in general, directelections held at least every four years. Every Danish citizen aged 18 and above and permanentlyresiding in Denmark is entitled to vote in elections for Folketinget unless they have been declaredincapable of managing their own affairs. The system of government is parliamentary, which meansthat the Government can be removed by a majority vote in Folketinget.5.The Constitution guarantees a number of civil and human rights, including religious freedom,personal freedom, the inviolability of the home, the inviolability of property, the right to work andemployment, the right to support, the right to education, freedom of opinion and expression,freedom of association and freedom of assembly.B. Relationship with Greenland and the Faroe Islands
6.The Constitution extends to every part of the Kingdom of Denmark, thus also to Greenlandand the Faroe Islands. Self-rule systems have been established for Greenland and the Faroe Islands,(cf. paragraphs 95-97 and 124-126). The civil and human rights laid down in the Constitution applyunrestrictedly in the Faroe Islands and Greenland.2
C. Denmark’s international human rights obligations
7.Denmark has acceded to the following UN human rights conventions: the InternationalCovenant on Civil and Political Rights; the International Covenant on Economic, Social andCultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination; theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; theConvention on the Rights of the Child; the Convention to Eliminate All Forms of Discriminationagainst Women; and the Convention on the Rights of Persons with Disabilities. Denmark is alsopreparing ratification of the International Convention for the Protection of All Persons fromEnforced Disappearance. Denmark has acceded to all protocols to these conventions, except for theprotocol to the International Covenant on Economic, Social and Cultural Rights and the protocol tothe Convention on the Rights of Persons with Disabilities. Denmark has not ratified theInternational Convention on the Protection of the Rights of All Migrant Workers and Members ofTheir Families.8.Denmark has furthermore acceded to a large number of ILO Conventions, including the eightkey conventions,1as well as ILO Convention No. 169 on Indigenous and Tribal Peoples inIndependent Countries. The indigenous population in Greenland (Inuit) is the only indigenouspeople in the Kingdom of Denmark in the sense of the last-mentioned ILO Convention.9.Denmark regularly submits periodical reports to the UN Committees on Denmark’scompliance with its human rights obligations. Denmark carries out a thorough review of therecommendations set out in the Committees’ concluding remarks. Similarly, Denmark takes theCommittees’ opinions in cases brought against Denmark seriously and carries out thorough follow-up on every case.10. Denmark has issued standing invitations to the special mechanisms appointed by the UNHuman Rights Council.11. Denmark is a member of the Council of Europe and has acceded to the European Conventionon Human Rights (ECHR) and all of its protocols, apart from Protocol 12. Denmark has alsoacceded to a number of other conventions relating to human rights under the auspices of the Councilof Europe. By acceding to the ECHR, Denmark has undertaken to comply with the judgmentshanded down by the European Court of Human Rights in cases brought against Denmark. This hasled to Denmark paying compensation in a number of cases where the Court has found that theDanish state has violated the rights of the applicant under the ECHR and, where necessary, toamendments to Danish legislation.12. As a member of OSCE, Denmark also complies with the obligations set out in theorganisation’s human dimension.13. The Danish legal system has traditionally been described as dualistic, since conventionsratified by Denmark must be implemented by means of incorporation or rewriting in order tobecome part of national law. The ECHR is the only general human rights convention whichDenmark has incorporated. However, conventions which have not been incorporated or rewrittenare still a relevant source of law which can be invoked before and used by Danish courts and otherauthorities applying the law. In case of doubt over interpretation, Danish law must be interpreted ina manner that brings it into accordance with Denmark’s international obligations, unless Folketinget3
has clearly expressed otherwise, which does not occur in practice. In practice Danish courts andother authorities applying the law show restraint when it comes to intensively checking whetherDanish legislation complies with conventions which have not been incorporated or rewritten.D. Institutional framework for the protection of human rights
1. Central, regional and municipal authorities
14. The Constitution and Denmark’s other human rights obligations apply not only to national,regional and municipal administration but also to Folketinget and the judiciary. Before theGovernment introduces a bill in Folketinget, the Ministry of Justice ensures that the bill complieswith the Constitution and Denmark’s human rights obligations, etc.2. The judiciary
15. The judiciary is independent of both the administration and the legislature. The ordinarycourts handle both civil and criminal cases. No special administrative or constitutional courts havebeen appointed, and the ordinary courts therefore consider whether decisions made by the publicadministration are legal and whether laws are contrary to the Constitution. The general rule is thatall cases can be heard by two courts.3. The Danish Parliamentary Ombudsman
16. The Danish Parliamentary Ombudsman is appointed by Folketinget in order to determinewhether the public administration is acting contrary to applicable law or good administrativepractice. The Ombudsman cannot change the decisions of an authority, but can express criticismand make recommendations. Anyone can bring a complaint to the Ombudsman. The Ombudsmanreceives around 4,000 complaints each year, including complaints related to access to thedocuments of public authorities. The Ombudsman can also take up cases on his own initiative andinitiate general investigations of an authority’s case processing. Furthermore, the Ombudsmanperforms inspections of public institutions and other administrative units such as prisons andpsychiatric hospitals. In partnership with the Rehabilitation and Research Centre for TortureVictims and DIHR, the Ombudsman furthermore fulfils the function as Denmark’s nationalpreventive mechanism in accordance with the protocol to the Convention against Torture.4. Danish Institute for Human Rights (DIHR)
17. DIHR is a national human rights institution with “A status” in accordance with the ParisPrinciples. The purpose of the institution is to strengthen the research, investigation and informationwork in Denmark on human rights nationally and internationally. The institution’s activities includeautonomous and independent research on human rights, advising Folketinget and the Governmenton Denmark’s human rights obligations as well as providing training in and information on humanrights.E. The role of civil society
18. Denmark has a long tradition of its citizens getting involved in voluntary organisations. It isthe ambition of the Government to strengthen civil society and ensure a more systematic
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involvement of civil society in the social intervention by, inter alia, conjoining the activities of civilsociety activities and the social intervention. The Government has therefore allocated DKK 100million over the next four years to strengthen civil society in the social arena. In addition, theGovernment has launched a civil society strategy with the aim of promoting active citizenship andsystematically involving civil society and voluntary organisations in helping socially vulnerableindividuals and families.III. IMPLEMENTATION OF HUMAN RIGHTS IN DENMARK
A. Introduction
19. Denmark has always been among the strongest advocates of independent internationalmonitoring of states’ compliance with their human rights obligations. Furthermore, Denmark hastaken an active role in the creation of the UN’s reporting and complaints procedures under therelevant human rights conventions. The Government looks forward to a constructive dialogue withpeer states at Denmark’s UPR.B. Equal treatment and non-discrimination
1. Gender equality
20. In Denmark there is formal and to a wide extent de facto gender equality. Men and womenhave the same rights, obligations and opportunities in all functions of society, which has been apolitical priority for many years. Due to structural and cultural conditions in Danish society, thegoal, however, has not yet been fully achieved, and the government therefore focuses on a numberof specific areas, inter alia, with a view to achieving a higher representation of women inmanagement positions and breaking down gender stereotypes with regard to educational choice.The gender segregation in educational choices, and the consequences this has for the gender-segregated labour market as well as for the salaries of women and men, means that resources andtalents are not utilised properly.21. The Danish Gender Equality Act of 2000 prohibits sexual discrimination outside the labourmarket. According to this act, women and men must be treated equally in official, public andcommercial enterprises. The act obliges public authorities to work to promote equality by takingequality into account in all public planning and activities – the so-called gender-mainstreamingstrategy. Additionally, sexual discrimination and sexual harassment are prohibited according to thelaw. The act also lays down rules for the equal representation of women and men in public councils,boards and committees.22. The Danish Equal Treatment Act of 1978 bans sexual discrimination in the labour market.The act has the greatest impact with regard to pregnancy and childbirth. Employers must pay largesums in compensation if they dismiss an employee because of pregnancy or maternity/paternityleave. The Parental Leave Act of 2006 guarantees parents individual rights to spend time with theiryoung children.23. The Equal Pay Act of 1976 prohibits gender-based pay discrimination. The act lays down anumber of requirements for employers, requiring them, for example, to compile pay statistics bygender or submit reports on the work done by the businesses to promote equal pay. Every three
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years the Minister for Employment and the Minister for Gender Equality draw up a report forFolketinget on the efforts to achieve equal pay for men and women. The differences in pay betweenwomen and men have been fairly constant over the last 10 years, although many initiatives havebeen launched to reduce these differences. The high employment rate for women is one of theexplanations for the relatively high gender pay gap.2. Homosexuals
24. In 1989 Denmark made it possible for two people of the same sex to register their partnership.At that time, a registered partnership largely had the same legal effect as a marriage, except inrelation to the legislation on fatherhood in respect of certain aspects of adoption and shared parentalresponsibility. The rules were changed in 2010 so that registered partners would be able to adopt achild and be given or have the parental responsibility for a child transferred to them according to thesame rules as apply for spouses. When adopting children from other countries, it is, however, aprerequisite that the country of origin agrees to adopt children to registered partners.25. In Denmark a registered partnership can only be entered into by means of a civic authorityceremony. At the request of the Minister for Ecclesiastical Affairs, the Danish National Church hasinitiated a debate on whether it should be possible to enter into a registered partnership by means ofa church service.3. Persons with disabilities
26. The UN Convention on the Rights of Persons with Disabilities (CRPD) sets a clearframework for Denmark’s policy on persons with disabilities. The Government focuses onimplementing a large number of initiatives aimed at a progressive realisation of the rights laid downin the CRPD.27. At the end of 2010 Folketinget decided to assign DIHR the task of promoting, protecting andmonitoring the implementation of the CRPD. The Danish Disability Council advises theGovernment, Folketinget and public authorities and also monitors regulations, legislation andpractice relating to the disability area.28. Denmark faces a line of challenges when it comes to ensuring that persons with disabilitieshave access to their physical surroundings on an equal footing with others. The Government hastherefore launched a number of initiatives with the aim of improving accessibility. As an example, anew set of building regulations came into force on 30 June 2010. These regulations containprovisions on accessibility which have been expanded as a direct consequence of the CRPD.4. The elderly
29. With the demographic development in Denmark more elderly people will be in need ofpersonal and practical assistance while fewer people will be of working age. In response to thesechallenges, the Government has, inter alia, allocated DKK 3 billion over a number of yearsfocussing on an early, preventive effort targeted at the elderly through home visits, rehabilitationand maintenance training as well as stimulating and preventive activities. Furthermore, severalinitiatives have been launched to improve and increase the provision of housing to the elderly.
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5. Racism and ethnic discrimination
30. Discrimination on the basis of ethnicity is a violation of the individual’s dignity and can be asignificant barrier to successful integration.31. The Constitution contains a principle of equality, according to which discrimination isprohibited on the basis of religion and descent. Similarly, it is unlawful to subject Danish citizens toany form of deprivation of liberty due to political or religious beliefs or descent.32. Under section 266 b of the Criminal Code, it is a punishable offence, publicly or with theintention of wider dissemination, to make a statement or impart other information by which a groupof people are threatened, insulted or degraded on account of race, skin colour, national or ethnicorigin, religion or sexual inclination. A violation of this provision is punishable by prison up to twoyears.33. According to the Racial Discrimination Act, anyone who, within a commercial or charitableenterprise, refuses to serve a person on the same terms as others on account of the person’s race,skin colour, national or ethnic origin, religion or sexual inclination is liable to a fine or prison up tosix months. Anyone who, for one of the abovementioned reasons, refuses to give a person access onthe same terms as others to a venue, performance, exhibition, meeting or similar event open to thepublic is liable to the same punishment.34. The Act on Ethnic Equal Treatment contains a ban on ethnic discrimination in a number ofareas in society such as social protection, education etc.. Finally, the Act on the Prohibition ofDiscrimination in the Labour Market bans direct or indirect discrimination based on e.g. race, skincolour and national or ethnic origin.35. The Board of Equal Treatment handles complaints concerning discrimination both outside andin the labour market based on race and ethnic origin etc.. In 2009 the Board handled 22 complaintsconcerning ethnic discrimination, of which four were upheld.36. Unfortunately, Denmark still faces challenges which may obstruct citizens from taking part insociety on an equal footing. Therefore, legislation is being supplemented by initiatives that promoteequal treatment. In 2010, the Government launched its “Action plan for ethnic equal treatment andrespect for the individual”, which contains 21 initiatives. This includes a research project that willcontribute to the development of more accurate methods for measuring discrimination. Anotherinitiative, in the form of an awareness campaign and special training for doormen, concerns anintensified effort to combat discrimination in the nightlife to ensure that the ban on discriminationin the Racial Discrimination Act is upheld in practice.C. Refugees and asylum-seekers
37. According to the Aliens Act, a residence permit is issued to an alien upon application, if thealien falls within the provisions of the UN Convention relating to the Status of Refugees, or if thealien would risk the death penalty or being subjected to torture or other inhuman or degradingtreatment or punishment in case of return to his/her home country. The Aliens Act also states that analien may not be returned to a country where he/she risks the death penalty or being subjected to7
torture or other inhuman or degrading treatment or punishment, or where the alien is not protectedagainst being sent to such a country.38. As a starting point, asylum-seekers should be accommodated in an asylum centre. In specialcircumstances, however, permission may be granted for private accommodation with or withoutfinancial support or annexe accommodation and accommodation in a separate residence outside ofthe asylum centre. Under certain conditions and after a concrete assessment families with childrenthat have special needs may thus be offered accommodation in a separate residence outside of theasylum centre, provided that this is in the best interest of the family, and particularly the children.39. The Immigration Service is responsible for providing for asylum-seekers. This responsibilitycovers accommodation at an asylum centre, necessary social measures, the right to transport to andfrom appointments with e.g. authorities or hospitals, as well as access to necessary medicaltreatment. All asylum-seekers are given a medical check-up when they arrive at a reception centrein order to identify any physical or mental problems. On this basis, the extent of the health servicesprovided to the asylum-seekers may vary, so that groups with special needs, such as asylum-seekerswho are suicidal or have been subjected to torture, are given extra consideration. In practicechildren of asylum-seekers have access to the same medical treatment as resident children.40. The Immigration Service’s duty to provide also encompasses paying cash benefits to asylum-seekers to cover the costs of food, clothes and spending money.2Finally, adult asylum-seekers,including those whose application has been rejected, have access to education and stimulatingactivities, just as young asylum-seekers under certain conditions may be permitted to follow a youtheducation programme, e.g. at a nearby upper secondary school. The children of asylum-seekersattend lessons in the accommodation system, the content and scope of which correspond to theteaching which resident bilingual children receive in the Danish school system. Children of asylum-seekers can also, under certain conditions, be permitted to attend teaching at a nearby school.41. Unaccompanied alien minors are a particularly vulnerable group, and special guidelines onhow to process their applications have therefore been drawn up. The applications of unaccompaniedminors must be processed quickly, and the minors must be accommodated in special centres staffedby personnel who have received special training. Every unaccompanied minor is assigned apersonal representative who is to look after the minor’s interests.42. Denmark is one of the countries experiencing a dramatic rise in the number of unaccompaniedminors entering the country, of which many seek asylum. To deal with this development, anamendment to the Aliens Act, constituting a general revision of the policy, came into force on 1January 2011.3The main points of the bill include the establishment of reception and care centres inthe country of origin of the unaccompanied children with a view to ensuring a safe return for thesechildren. The scheme is expected to ensure that the reception and care centres are of a reasonableand sound standard, and that there is access to re-integration facilities. For such centres to beconsidered of a reasonable and sound standard, it is a condition that persons staying there will besafe. These centres will be supervised.43. A range of measures have been introduced to improve the conditions at the asylum centres. Inthe summer of 2006, as an extraordinary measure, extra funds were allocated to the accommodationarea in order to improve the conditions at the country’s asylum centres (conditional resources),particularly for families, children and youth.
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44. With regard to case processing, the parameters for 2010 for granting asylum have beenexpanded, and funds have been allocated to strengthen the case processing at the ImmigrationService and the Refugee Appeals Board. As of 15 April 2010, there is now a “handheld procedure”in the asylum area. At the Immigration Service the target for the case processing time for casessubmitted after 15 April 2010 is 60 days in the introductory and adjudication phase respectively.D. Integration
45. The aim of the Integration Act is to ensure that newly-arrived foreigners are given theopportunity to become participatory, self-supporting and contributory citizens. While underliningthe individual responsibility of the newcomer, the Integration Act constitutes the legal basis for theintegration effort carried out by the authorities. This ensures that newly-arrived foreigners areoffered an integration programme consisting of, inter alia, Danish language courses, courses onDanish society and employment training and on this basis have the opportunity to take part in thepolitical, economic and social life of society and gain employment in order to become self-supporting as quickly as possible.46. Furthermore, the Government has implemented a range of measures designed to promotecitizenship and strengthen the employment and education rate among refugees and immigrants.Consequently, the integration of migrants in the labour market has rapidly improved during the lastdecade. The employment rate for immigrants and descendants from non-western countries hasincreased from 46 pct. in 2001 to 57 pct. in 2008. The employment rate for immigrant women fromnon-western countries similarly increased from 36 pct. in 2001 to 49 pct. in 2008. Furthermore, farmore immigrants and descendants with a non-western background in the age group 20–24 areundertaking an education.447. Despite positive results, Denmark still faces challenges in the field of integration. Theemployment rate for immigrants and descendants from non-western countries remains considerablylower than for ethnic Danes. Far more men with non-western backgrounds fail to completevocational training, and in several vulnerable housing areas a large number of people with a non-western background have no connection to the labour market.5E. Children
48. The overall purpose of the Act on Social Services is to provide support to children and youthwith special needs and give them the best possible conditions of upbringing so that they may havethe same opportunities as their peers. Each municipality is obliged to ensure that children in need ofspecial support receive the help they require – such as support in the home, psychological treatment,a contact person, placement outside the home, etc. In all cases of special support for children andyouth, the child or young person’s views must be taken into consideration according to their ageand maturity. The child must be consulted before any decisions are made as to what type ofassistance the child should receive. With regard to vulnerable children and youth assuring early andpreventive action is a challenge.49. Acting in the best interest of the child is also the fundamental principle in the Danishauthorities’ handling of family law cases concerning children. According to the ParentalResponsibility Act of 2007, parents have a shared responsibility for the child. All decisions on
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parental responsibility etc. must be made on the basis of what is best for the child. The child musttherefore be involved and its perspective examined, for example by means of a report by achildren’s expert.6F. Human trafficking
50. Since 2002 Denmark has had national action plans targeted at the effort to fight humantrafficking. The first plan focused on the trade in women for prostitution, a new plan focused onchildren and most recently, in 2007, an action plan targeted at men, women and children wasadopted. Women sold into prostitution remain the largest group identified as victims of humantrafficking in Denmark.51. With a view to implementing the UN Protocol to Prevent, Suppress and Punish Trafficking inPersons, especially Women and Children, a provision to the Criminal Code was added in 2002criminalising human trafficking and setting a prison term of up to eight years if convicted.752. Denmark ratified the Council of Europe’s Convention on Action against Trafficking inHuman Beings in September 2007, and the current action plan therefore draws on this Convention.This led to a number of changes in the Aliens Act, including the extension of the reflection periodfrom 30 to up to 100 days for victims of human trafficking. Victims who do not meet the conditionsfor obtaining a residence permit in Denmark are offered prepared repatriation.53. If a foreigner, who has been exposed to trafficking, risks persecution in his/her country oforigin, the foreigner can apply for asylum in Denmark. In each case the asylum authorities assesswhether the conditions for asylum are fulfilled, that is if the foreigner in question risks concrete andpersonal persecution or is in real risk of being exposed to outrage when returning to the country oforigin. Furthermore, a trafficked foreigner can be granted residence permit on humanitarian grounds,if significant humanitarian considerations warrant it, for example if the foreigner suffers from aserious physical or psychological illness. Residence permit can also be granted if exceptionalreasons call for it.G. Violence in intimate relations
54. Domestic violence is covered by the general violence provisions in the Danish Criminal Code.Great emphasis is put on ensuring that victims of crime, including violence in intimate relations, aretreated with dignity and respect, and that they receive the help they need.55. The Government focuses on combating violence in intimate relations. It is estimated thataround 28,000 women and almost 9,000 men are affected by intimate partner violence each year,and that around 21,000 children live in families where violence is a reality.56. Since 2002 the Government has made a comprehensive effort – with three action plans – tocombat violence in intimate relations. Studies suggest that this effort has paid off. According to thestatistics, fewer women have been affected by violence since 2000 and fewer children now grow upin families where violence in intimate relations takes place.57. The Government has launched a new “National strategy to combat violence in intimaterelations” with over 30 specific initiatives. The national strategy is designed to target all forms ofviolence in intimate relations: physical, mental, sexual and material violence.10
I. National minorities
58. Apart from the rights guaranteed in the Constitution and other legislation, there are specialprovisions on the German minority, including in the Free School Act and the MunicipalAdministration Act.8In 1997 Denmark ratified the Council of Europe’s Framework Convention forthe Protection of National Minorities, which applies to the German minority in Southern Jutland. In2000 Denmark ratified the European Charter for Regional or Minority Languages, which applies toGerman in respect of the German minority in Southern Jutland.59. The financial crisis leads to general savings in public spending, and this development alsoaffects the German minority. In certain situations, however, positive discrimination favours theminority since it is not subject to cuts in transport subsidies for free school pupils and subsidiesrelating to the running of free schools. The subsidy to the German minority schools is increased toensure full compliance with the principle of equality for these schools.J. Freedom of opinion and expression
60. Freedom of opinion and expression is, inter alia, protected in the Danish Constitution and is anecessary and natural prerequisite for a free debate in a democratic society.61. The issue of the limits on freedom of opinion and expression has provoked debate both in andoutside of Denmark. Particularly, the debate has focused on the limits on freedom of opinion andexpression in relation to religious sensitivities and minority groups. The limits on freedom ofopinion and expression must be determined by weighing up the relevant considerations. This meansthat there must be room for political and social debate on issues of public interest. It also means thatthe media – by virtue of its special role as the public’s information and control body – enjoys aparticularly wide level of protection against interference in its freedom of opinion and expression.On the other hand, freedom of opinion and expression is not absolute, cf. section 266 b of theCriminal Code (see paragraph 32).K. Freedom of religion
62. The Constitution guarantees freedom of religion. The citizens can thus freely foundassociations and congregate for religious purposes. Similarly, discrimination on the grounds ofreligion is banned.63. The authorities do not register the religious affiliations of citizens who are not members of theDanish National Church, and congregations or religious communities are under no obligation toregister with or be approved by the authorities.64. Under the Constitution the Danish National Church is supported by the State. In 2008-2009 acommittee discussed whether the State support for the Danish National Church should be changedto a block subsidy. Other approved religious communities and their members can obtain an indirectsubsidy from the State by deducting member contributions from their tax returns. There is noequivalent right of deduction for the church tax, which is the Danish National Church members’contribution to the Church.11
65. The State does not provide a financial subsidy for establishing burial grounds, regardless ofwhether they are for the Danish National Church or for other religious communities. The Ministryof Ecclesiastical Affairs must grant permission if another religious community or a municipalitywishes to establish a burial ground.L. The rule of law
1. Custody and solitary confinement
66. Solitary confinement in Denmark, including extended periods of custody in solitaryconfinement, has led to criticism from the UN Committee against Torture.67. In certain serious cases of e.g. organised crime, gang crime, serious drug crime or terrorism,and where there are several offenders, it may be necessary to keep the suspects in solitaryconfinement for a period of time for reasons pertaining to the police investigation.68. Solitary confinement can be very stressful for the prisoner and focus is therefore on how toreduce the number of cases of solitary confinement and their duration without compromising theinvestigation and solving of crimes. The Government has launched several initiatives in this area,and in 2007 the rules on solitary confinement were changed with a view to a general restriction onthe length of time spent in solitary confinement.69. As a result of the amendment to the legislation, the time limits for solitary confinement in theAdministration of Justice Act were reduced, and from 2006 to 2007 there was a very significantdecline in the number of cases of solitary confinement. From 2007 to 2008 there was an increase inthe number of cases of solitary confinement, but also a decline in the average duration of theindividual cases of solitary confinement. This means that the total number of days in solitaryconfinement in 2008 was the lowest ever recorded. The provisional figures for 2009 are not yetfully finalized.70. In 2008 Folketinget adopted another amendment with the aim of restricting the number ofpeople held in custody for extended periods of time.9Inter alia, limits have been introduced for theduration of custody, and these can only be exceeded in particular or – for young people under theage of 18 – exceptional circumstances. A provisional report for 2009 shows that the number ofcases of extended custody has increased compared to 2008, while the total average length of thistype of custody is considerably lower in 2009 than in previous years. The figures will now beanalysed and it will then be decided whether new measures in the area are required.71. As of 1 July 2010 the age of criminal responsibility in Denmark was lowered from 15 to 14 aspart of a comprehensive plan, inter alia, in the area of social policy on a strengthened effort aimed atyouth crime. The lowering of the age of criminal responsibility was criticised in the domestic debate,as it was claimed, inter alia, that it did not comply with recommendations from the UN Committeeon the Rights of the Child. Critics have particularly referred to the Committee’s generalrecommendation that countries with a criminal age of responsibility lower than 12 should raise it to12 and continue to raise the level.10The Committee, however, has also encouraged countries toapply a level of e.g. 14 or 16 years.
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72. As a rule of thumb, young people under the age of 18 who are kept in custody should not beheld in a local prison, but in a secure institution for young people. They should, as a rule of thumb,only be held in a local prison if the crime is very serious. However, due to a lack space, some of theyoung people in custody are held in local prisons until a place at a secure institution becomesavailable. With a view to ensuring that in the future young people under the age of 18 are not heldin a local prison due to a lack of space, funds have been allocated to provide extra places at secureinstitutions.2. Use of force by the police
73. Criticism has been raised – inter alia from the UN Committee against Torture –of the use offorce by the police in connection with the clearing of the building Ungdomshuset (The YouthHouse) in Copenhagen in 2007. In the wake of this clearance a number of complaints and criminalproceedings were pending, the vast majority of which have now been settled. In some casescompensation has been paid for unauthorised deprivation of liberty. In the criminal proceedingsbrought against police officers, the officers involved were subsequently acquitted by the courts.74. The use of force by the police during the climate summit in Copenhagen in December 2009has been the subject of public criticism. Especially, it has been criticised that the police allegedlyresorted to administrative deprivation of liberty to too wide an extent. Following an amendment ofthe legislation in November 2009, administrative deprivation of liberty can last for up to 12 hours.In a judgment of 16 December 2010 the Copenhagen City Court found that 250 cases of deprivationof liberty were unlawful, and that the conditions during 178 of these deprivations of liberty werecontrary to Article 3 of the EHRC. The Prosecution Service has appealed this judgement to theHigh Court, which will now rule on the case.75. In the domestic debate criticism has been raised of the police’s access to setting up so-calledstop and search zones, where the police have access to search people in order to check whethersomeone holds or is carrying a weapon, even if there are no specific grounds for suspicion. TheGovernment has assessed the scheme in the light of Denmark’s human rights obligations, includingcase law from the European Court of Human Rights, and on this basis has found no reason topropose changes.76. Finally, it should be noted that in 2010 the UN Special Rapporteur on Torture announced thatDenmark (and Greenland) was the only of the 18 Member States he had visited during his period ofoffice where he did not find clear evidence of torture.3. Human rights and combating terrorism
77. In 2002, a large majority in Folketinget passed the so-called anti-terrorism package I which,inter alia, introduced a separate provision on terrorism into the Criminal Code. The anti-terrorismpackage contained a series of initiatives for improving the police’s chances of preventing,investigating and combating acts of terrorism, including, inter alia, the introduction of a duty fortelecom companies and internet providers to register and temporarily store information which isrelevant to the police’s investigative work and the prosecution of criminal offences (logging).Additionally, powers were introduced allowing the police to read not publicly available data from acomputer or other data system, by means of programs or other equipment without being present atthe location where the information system is actually in use. The police still require a court order to
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access specific data. In 2006, Folketinget passed anti-terrorism package II, which also contained aseries of initiatives designed to improve the police’s efforts to combat terrorism.78. In connection with the introduction of the anti-terrorism packages, the Government hasfocused strongly on ensuring the correct balance between security and legal protection. A thoroughexamination has been made of whether the rules comply with Denmark’s human rights obligations,including the obligation to guarantee every individual the right to privacy.79. The Government has recently taken stock of the experiences related to the most recent anti-terrorism package and has found no reason to propose changes on the basis of legal protection.However, this conclusion has been criticised by, inter alia, civil society stakeholders. TheGovernment will take this criticism into consideration in its continued efforts to guarantee that theterror legislation provides a basis for an effective combating of terrorism without compromising thefundamental rights of citizens.80. The Government has been criticised over the Ministry of Justice’s decision to extradite theDanish citizen Niels Holck to India for criminal prosecution. As a condition for the extradition, theMinistry of Justice set a number of terms which the Indian Government has confirmed will be met,including that any prison term imposed will be served in full in Denmark, and that the deprivationof liberty as part of the criminal proceedings in India must take place in accordance with, inter alia,the International Covenant on Civil and Political Rights. In its decision of 1 November 2010, theCourt of Hillerød, however, found that it could not sanction the Ministry of Justice’s decision. TheProsecution Service has appealed this decision to the High Court, which will now rule on the case.M. Combating poverty
81. Denmark has an efficient, tax-financed and universal social welfare system that takes care ofpeople who cannot take care of themselves. Preventing social exclusion and poverty is a focus areaof the Government, and social and labour market policy is constantly adjusted to improve the livingconditions of people at risk of social exclusion.82. The Government has, for example, launched a strategy to eliminate homelessness. Byestablishing special housing schemes and targeted social initiatives, the Government seeks toguarantee accommodation for the 5,000 homeless people in Denmark. To prevent social exclusionin specific housing areas, the Government plans to draw up an anti-ghettoisation strategy byimproving both the physical surroundings and the supply of jobs in these areas.83. Although Denmark is a well-functioning society, there are people and families who live inpoverty. The Government has initiated the development of poverty indicators, which are designedto reflect the fact that poverty is a multi-faceted and complex problem requiring individual solutionsand make it possible to identify poor families and individuals, as well as implement specificinitiatives to lift them out of poverty.N. The mentally ill
84. The rights of psychiatric patients are governed by the Health Act and the Psychiatric Care Act.It is a basic and statutory principle of Danish law that the admission, stay and treatment of patientswithin the healthcare system must be based on voluntary, informed consent. The Psychiatric Care
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Act does, however, contain an exception to this principle if a patient is mentally ill (psychotic) or isin an equivalent state. These patients can be admitted to and treated against their will in apsychiatric ward, if it would be irresponsible not to deprive the patient of his/her liberty with a viewto treatment, either because the prospect of recovery or a significant and decisive improvement oftheir condition would otherwise be materially impaired, or because the person concerned presentsan immediate and significant danger to himself/herself or others. Only the methods of forcespecified in the Psychiatric Care Act can be used.85. The Psychiatric Care Act contains a number of rights for patients subjected to force: inter aliathe appointment of a patient adviser, the right to appeal to a local psychiatric patients complaintboard as well as the opportunity for a court hearing on the deprivation of liberty and coercivemeasures which may be of a similar nature. Compulsory personal hygiene, examination of patients’mail, rooms and property, body searches and the confiscation and destruction of objects, etc. maybe used. These coercive measures may be appealed to the relevant hospital authority.86. The Government’s objective is to reduce the use of force. The Government has focusedespecially on extended periods of forced restraint.87. Folketinget has therefore in 2006 and 2010 passed three amending acts to the Psychiatric CareAct, with the purpose of, inter alia, reducing the use of force, including the use and extension of thetime spent in forced restraint. Following the revision of the legislation in 2006, a small decline inthe time spent in forced restraint has been noted. One of the revisions to the legislation in 2010introduced more extended monitoring of patients kept in forced restraint for extended periods with aview to further reducing the time that individuals spend in forced restraints.O. Employment
88. The basic principles and rights in the labour market – the promotion of full employment,social welfare and social dialogue – are cornerstones of the Danish labour market model. “TheDanish model” is characterised by strong social partners, a high level of unionisation and a highlevel of collective agreement coverage. The parties achieve results by demonstrating responsibility,trust and mutual respect and set their salary and working conditions by means of collectiveagreements.89. The social partners are valuable cooperation partners for the Government and local authoritieswith regard to employment and labour market policy. The three-party dialogue is an essential partof the Danish model. This framework ensures a harmonious and stable labour market and helpsprovide the best possible conditions for securing and protecting the rights of workers.90. Globalisation and the expansion of the EU have brought about challenges for the Danishmodel with regard to salary and employment conditions. A system like the Danish one – with verylittle legislation in this area – is vulnerable to greater use of foreign labour with different salary andemployment conditions. For this reason social dumping was a central theme in connection with thecollective bargaining for the private labour market in 2010.
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P. Education
91. Schooling in the 10-year compulsory school system and in youth education programmes aimsto prepare the pupils for participation, joint responsibility, rights and obligations in a free anddemocratic society. A compulsory syllabus containing 29 points has been introduced for the historysubject. One point is “The Universal Declaration on Human Rights”, which is meant to providepupils with knowledge of different forms of democracy and teach them how to form an opinion onrights and obligations in a democratic society.92. A relatively large proportion of primary and lower secondary school pupils do not havesufficient language skills to complete a youth education programme; a high drop-out rate for theseprogrammes is one consequence of this. A national “Bilingual Taskforce” has been appointed andinitiatives have been put in place with a view to getting 95 pct. of the year groups enrolled in youtheducation programmes to complete their programme.IV. NATIONAL HUMAN RIGHTS PRIORITIES
93. Respect for human rights is fundamental to the life, integrity and dignity of each individualand constitutes a core value for the Danish Government. Human rights are universal and have equalstatus, and all Member States are obliged to protect and promote all human rights. The Governmenttakes this obligation very seriously and at all times strives to uphold all of Denmark’s human rightsobligations.94. In the government platform titled “Denmark 2020 – Knowledge, growth, prosperity, welfare”from 2010, the Danish Government has decided to make a special effort in the following areas:To work for a Denmark where everyone has the same opportunities, and where as few people aspossible experience social problems or lose their link to society for extended periods. Thisinvolves inter alia:oA strong focus on combating poverty, including developing poverty indicators.oProtecting the weakest and most vulnerable groups in society.oConfronting the issue of homelessness.oGreater involvement of civil society in the social work.oA strategy for countering ghettoisation and social exclusion.To continue to work towards a society where the freedom of the individual is at the centre, interalia, by emphasising the protection of freedom of opinion and expression with the aim ofmaintaining and strengthening the democratic debate.To strengthen democratic integration by focusing on integrating non-western immigrants andtheir descendants into the labour market.
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CONTRIBUTION BY THE GREENLAND SELV-GOVERNMENT
Greenland Self-Government
95. On 21 June 2009, the Act on Greenland Self-Government came into force replacing theformer Greenland Home Rule Act of 29 November 1978, and on 7 October 2009 Denmarksubmitted a notification on the Act to the Secretary-General of The United Nations.1196. The Act in its preamble recognises that the people of Greenland is a people pursuant tointernational law with the right to self-determination. The Act provides for Greenland to assume anumber of new fields of responsibility and thus opens for expansion of further competences andresponsibilities to Greenland. Furthermore, the Act describes Greenland’s access to independence.97. The Government of Greenland is a democratically elected public government. Currently allmembers of the Parliament of Greenland (Inatsisartut) (31) and Government of Greenland(Naalakkersuisut) (9) are of Inuit descent.12Gender equality
98. Equal representation of men and women in public office is actively promoted. Currently, 4out of 9 cabinet ministers are women.99. Parliament has passed broad based legislation concerning gender equality. Equalrepresentation of men and women on boards and committees is strongly emphasized with respect topublicly owned companies and institutions. Fair and equal wages are ensured through the collectiveagreements in the public and private sector.Promotion and protection of human rights
100. The promotion and protection of human rights and fundamental freedoms in accordance withthe Universal Declaration of Human Rights and subsequent international human rights instrumentsis a priority for the Government. Successive governments have made it a core principle to ensurethat fundamental human rights principles are incorporated into legislative measures and that civilsociety participates in the preparation of new legislation to the largest extent possible.101. While the current mandate of the Danish Institute for Human Rights covers Greenland, theGovernment is currently studying the possibilities of establishing a national human rights institutionin Greenland based on a request by parliament.102. The Parliamentary Ombudsman is, on behalf of Parliament, responsible for assessing whetherthe government and the municipalities act in accordance with existing law, including human rightslaw. Furthermore, the Ombudsman has been appointed the National Preventive Mechanism underthe Optional Protocol to the Convention against Torture (OPCAT).Judicial reform
103. On 1 January 2010, a new Administration of Justice Act and Criminal Code entered into forcein Greenland.17
104. In the public debate criticism has been raised of the fact that some criminal Greenlanders arebeing sent to Denmark to serve their sentences in an institution under psychiatric management inwhich they are far away from their family and culture. The reason for this practise is the fact thatthere are no suitable institutions in Greenland for persons sentenced to safe custody. As part of thejudicial reform it has been decided to build a new prison in Nuuk with the ability to hold thepersons who are now being sent to Denmark. The completion of the prison is expected at theearliest by the end of 2015.Language and cultural identity
105. Pursuant to the recognition of Greenlandic as the official language in Greenland in the Act onGreenland Self-Government, Parliament on 19 May 2010 passed an act on language policy andintegration aimed at strengthening the role and use of Greenlandic. Private companies, publicauthorities and institutions are required to adopt language policies, which promote, inter alia,Greenlandic language use and identity, integration and cultural understanding.106. The Act establishes that Greenlandic consists of three major Inuit dialects spoken in NorthGreenland (Avanersuaq), East Greenland (Tunu) and West Greenland (Kitaa). Greenlandic is theprimary language of parliament with simultaneous interpretation to or from Danish.107. The Government is concerned by the fact that the use of Greenlandic as legal languageremains a significant challenge both in the judicial system and in society at large. A number ofinitiatives are in place to ensure language development and training. The Greenland LanguageSecretariat and Greenland Language Council are responsible for language retention anddevelopment, and the Language Center is responsible for language training together with othereducational facilities. The Administration of Justice Act establishes that the court languages areGreenlandic and Danish and that an interpreter must be used if not all members of the court andparties to the case understand the language used. The Act also establishes that translations, to thelargest extent possible, be made by trained translators. However, it remains difficult findingGreenlandic-speaking jurists and qualified interpreters in Greenland.Indigenous Peoples
108. On 18 January 1996, at the request of Greenland, Denmark ratified ILO Convention No. 169of 27 June 1989 Concerning Indigenous and Tribal Peoples in Independent Countries. Greenlandreports jointly with Denmark to the Convention.109. The Government strongly endorses the UNDRIP. While the establishment of the Self-Government arrangement is an illustration of Denmark’s de facto implementation of the UNDRIPvis-à-vis Greenland, the Government strives to implement important provisions of the UNDRIP inits day to day work, although the government is categorized as a public rather that an indigenousgovernment.110. The Government supports the traditional occupation of the hunting and fisheries industry. Thelatter continues to be the primary industry of Greenland, even though there is an increasing focus onthe development of other industries, such as tourism and service, mining and resource extractionindustries.13The legislative competence lies with the Government. Quota and license regulations for
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renewable resources are based on biological advice to ensure sustainable use. Stakeholderconsultation procedures are defined by legislation establishing advisory councils on fisheries andhunting.111. Pursuant to the Act of Self Government, Greenland assumed responsibility for the oil- andmineral resource area and is thus entitled to command and exploit these resources. Parliament ofGreenland Act No. 7 of 7 December 2009 on mineral resources and mineral resources activitiesestablishes the regulatory regime. Following civil society concerns over inadequate consultationmechanisms, Parliament decided to bring the provision of consultation in line with related UNDRIPprovisions. The Government followed suit by stating its willingness to develop public hearingmechanisms. Given its expertise, the ICC, an indigenous peoples’ organization with NGOconsultative status with the ECOSOC has been asked to contribute.Children and youth
112. In May 2010, the Government launched the programme “Safe Childhood 2010” as a first stepto improve the living conditions of children in Greenland. A comprehensive strategy, aimed atimproving the lives of children and youth, is under preparation. The Children and Youth Strategyoutline adopted in June 2010 is based on the UN Convention on the Rights of the Child (CRC) andlinks a number of concrete measures and future activities to specific provisions of the CRC.113. In August 2010 the Government furthermore entered into a cooperation agreement withUNICEF aimed at promoting the best possible upbringing for children in Greenland. This initiativeincludes a nationwide campaign to promote a change of attitude and a review of existing legislationon children aimed at further strengthening the rights of children and youth.114. In 2010, Parliament unanimously decided to pass legislation providing for the establishmentof a children’s council and a children’s spokesperson, which include the Documentation Centre onChildren & Youth (MIPI).Persons with disabilities
115. As part of a major municipal reform, responsibilities are transferred from the Government tothe municipalities to ensure that decisions are taken closer to the citizens. Residential homes forseverely disabled persons in Greenland and Denmark are exempt from this devolution.116. The Government has just concluded an assessment of the accessibility for disabled persons toall public buildings. On this basis, municipalities and publicly owned companies will be required toensure accessibility to public buildings, where this is not already in place. Private companies areencouraged to make the accessibility a priority.Health care
117. The demography of Greenland makes health care delivery a challenge. A reform of the healthcare sector, to be implemented in 2011, aims at giving equal opportunities for appropriate healthcare to all citizens, regardless of where they live. To ensure transparency in the planning andimplementation of the reform, the Government is convening town hall meetings in variouscommunities.
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118. The public health programme “Inuuneritta – let us have a good life” from 2007 aims attracking rapid epidemiological transition towards more chronic and lifestyle related diseases. Itfocuses on substance abuse, sexual health, diet and physical activity, violence and suicide. Thefocus groups are children and elderly people using indicators for evaluation.119. In 2010, Parliament approved a report on the status of psychiatric treatment focussing on theneeds of children, youth and the elderly as well as psychiatric patients that have committed crimes,psychiatric patients with substance abuse, and violent patients. Among the key recommendationswere a call for a modernization of the law on psychiatry and the need for a new law on the rights ofmentally ill patients.Reconciliation issues
120. In November 2010, the Danish Government and the Government of Greenland agreed ondevising a historical report on the legal status of children born out of wedlock before the enteringinto force of the Law for Greenland on children.14The report, which will include a description ofthe considerations behind the maintaining of the legal status and its modification in 1963/1974, willbe devised by three scientists with legal and historical qualifications and is expected to be finishedby June 2011.
CONTRIBUTION BY THE GOVERNMENT OF THE FAROE ISLANDS
121. Given the limitations in terms of volume the Government of the Faroes has had to rigorouslylimit the scope of this contribution.122. The Government has chosen to structure its contribution on the basis of the issues that aroseduring the consultations with NGOs and at the public hearing. The Government believes that this isin keeping with the spirit of the open and inclusive process and will allow for a focus on the criticalhuman rights issues. Reference will be made to reports submitted under other human rightsinstruments.123. The Government of the Faroes has sought an open and transparent process, involvinggovernment agencies, civil society and other stakeholders. The Ministry of Foreign Affairs of theFaroes has coordinated the preparatory process in close cooperation with other ministries as well aswith the Danish Ministry of Foreign Affairs.Legislative and Administrative Powers of the Government of the Faroes
124. The Faroe Islands are a self-governing country within the Kingdom of Denmark. When anarea of jurisdiction is governed by the Faroese authorities, legislative power rests with theParliament of the Faroes and administrative power rests with the Government of the Faroes.125. 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 fifth periodic report on the International20
Covenant on Civil and Political Rights (CCPR/C/DNK/5.add.paras 29-55) concerning the FaroeIslands.126. The Government of the Faroes has since 2004 actively engaged in submitting substantialcontributions to reports of the Kingdom of Denmark to the relevant UN treaty bodies, jointly withDenmark and Greenland.15Promotion and Protection of Human Rights
127. Human rights and democracy are fundamental values in Faroese society. Proceeding fromthese values, the Government is firmly committed to ensuring full respect for human rights in theFaroe Islands. Our long-standing democratic system of government and legislative frameworkcontinue to form the basis of the enjoyment of all rights, while the general welfare system hascontributed to the practical enjoyment of a number of rights and overall high standards of living.The Government is responsible for all or most of the costs related to education, health care, childcare, elderly care and pensions.128. At the same time, problems and challenges impeding the full enjoyment of human rightsremain in many areas. Further, efforts are needed in combating discrimination and protecting therights of persons who have special needs, or who find themselves in vulnerable situations.129. The Government of the Faroes recognises this fundamental challenge of securing theimplementation of all human rights at all levels of society. This report will be important for thecontinued work on human rights issues in the Faroe Islands. The Government intends to maintain ahigh level of ambition regarding the systematic work on human rights and intends to collaborateclosely with all relevant stakeholders when following up on this report and the results of theupcoming review.Human rights in the preparation of new legislation
130. The Ministry of Internal Affairs is currently preparing guidelines to improve the way in whichnew legislation is prepared and assessed. A new procedure is envisioned where every proposedpiece of legislation must be explicitly assessed in relation to the international obligations of theFaroes, primarily with regards to the human rights instruments to which the Faroe Islands are party.This should allow for a direct and continuous assessment of rights conferred to the people of theFaroes. Explicitly addressing the effects a proposed bill has on human rights will ensure that newlegislation is not in conflict with the various instruments and should increase awareness of thevarious human rights instruments in the legislative process which will ultimately furtherimprovement of these rights.Judicial Reform
131. On March 1st2010 the Faroese authorities assumed legislative and executive powers withregards to the Penal Code. Prior to the assumption of power the penal code was revised. Theserevisions involvedinter aliathat the penalty for a number of violent crimes was increased and itcontains new provisions that makes female genital mutilation a criminal offence. Furthermore, newprovisions also make all involvement in the trafficking of human beings a criminal offence. In 2007,Section 266 B of the Faroese Penal Code was amended so that it is now prohibited to discriminateon the basis of sexual orientation.
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Gender equality
132. Promoting gender equality has been an important political priority on the Faroes for manyyears (see CEDAW/C/DNK/7). The Government underlines the importance of an equal distributionof power and influence between men and women in all aspects of community life and recognisesthat gender equality contributes to economic growth by promoting all persons’ skills and creativity.Despite these efforts, gender inequality still exists in most sectors of society. Gender pay gaps,unequal career opportunities, an under-representation of women in executive positions in decision-making bodies and in the private sector continue to give cause for concern.133. The Government is therefore currently developing its first unified plan of action to deal withgender inequality. The aim of the action plan is to counter systems that preserve the gender-baseddistribution of power and resources on a societal level and to create conditions for women and mento enjoy the same opportunities.134. There has been a growing recognition that violence against women is an issue that needs to beaddressed by means of a comprehensive and coherent effort by the Faroese authorities. Lately,several NGO’s have voiced their concerns about the issue and in its latest concluding comments theCommittee on the elimination of all discrimination against women also pointed to improvementsthat could be made. There is broad political agreement on the need to give high priority to the effortto prevent and combat men’s violence against women.135. Ultimately, it is a question of gender equality and women’s full enjoyment of all human rights.A working group has been charged with developing a unified plan to prevent and combat violenceagainst women. The plan will include greater protection and support to those exposed to violence,in particular women subjected to violence and children who have witnessed violence, greateremphasis on preventive work, measures targeting violent offenders, and increased cooperationbetween the respective authorities and improved knowledge. The working group aims to present theunified action plan by March 8th2011.136. According to Faroese legislation, women of foreign nationality married to Faroese nationalsare awarded a residence permit after only three years in the Faroes. Thus they are granted the rightto receive social benefits as Faroese nationals. One challenge that persists is to ensure that thesewomen have access to satisfactory information services that can inform them of their rights.Rights of persons deprived of their liberty
137. On May 1st2010 a new Act on Guardianship was enacted. Earlier it was only possible to fullydeprive a person of his or her financial or personal authority. The new legislation allows for variousdegrees of guardianship, individual assessment of the need for guardianship and thus ensures thatpersons are not unnecessarily deprived of their rights as citizens.138. On October 1st2009, a new Act on Psychiatric Care entered into force, which significantlyimproved the rights of persons suffering from mental illness. This new legislation builds on thepremise that the use of force in relation to commitment, confinement and treatment at thepsychiatric ward should be used to the least possible degree, and only in due consideration of thehealth and well-being of the patient in question or relevant others. The act contains a number of22
rules and procedures for the use of force in treatment at the psychiatric ward. A new board of appealhas been established to review complaints on the use of forced consignment, confinement, recovery,involuntary treatment, fixation, the use of personal tags and special locks, personal confinementexceeding 24 hours as well as the locking down of psychiatric wards. The primary motivation forestablishing the psychiatric board of appeals has been to improve the rights of patients and to ensurea more speedy and flexible treatment of complaints.139. Legislation has recently been amended to improve the rights of persons suffering from mentalillness and who have been committed to psychiatric wards. According to these amendments caseswhere persons are sentenced to confinement at a mental hospital will be reviewed no later than 5years after the sentence has been passed. Rules and procedures have been put into place to ensurethat the review is fair and just. In cases where a person suffering from mental illness has received amilder sentence, e.g. been placed under institutional supervision by the primary care services,Nærverk,the sentence must be reviewed no later than 3 years after it has been passed. In specialcases, subject to a request from the prosecution, the courts can rule that the date of the review canbe increased by a further two years. Previously, there was no delimitation on when a sentenceshould be reviewed.140. Legislation recently enacted has also improved the rights of persons committed to apsychiatric ward or to institutional care. These new rules have simplified procedures and reducedthe often cumbersome administration of leaves as well as placed the decision of granting leaves inthe hands of the most qualified professionals.Persons with Disabilities
141. In 2009 the Faroese Parliament adopted a resolution on the accession to the UN Conventionon the Rights of Persons with Disabilities.142. In recognition of the need for a higher prioritization of the area of rehabilitation, the Ministryof Health has increased the grant for rehabilitation as well as the number of qualified staff with aview to establishing a centre specializing in rehabilitation at the hospital inKlaksvík.143. Continuous improvements have been made in the field of social psychiatrics. Furthermore, anincreasing public openness with regards to mental illness has among other things led to the annualMental Health Day. Yet, further improvements can be made in several areas. More housingdesignated for persons suffering from mental illness is needed, and a better coordination of effortsmust be achieved between the respective authorities and institutions. Housing for persons sufferingfrom mental illness is a highly prioritized area and is expected to reach satisfactory levels in 2011and 2012.144. The Faroese housing market is predominantly private and in recognition of the challenges thisposes to persons with special needs the Ministry of Social Affairs has put forward an action plan toestablish 80 new housing offers by the year 2015, which is expected to satisfy the demand forspecial needs housing.
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Nos. 87, 98, 29, 105, 100, 111, 138 and 182.Some asylum-seekers receive their meals free of charge at a cafeteria in the asylum centre.3Act No. 1543 of 21 December 2010 amending the Aliens Act and the Integration Act (Revision of the regulations onunaccompanied alien children, etc.).4The rate rose from 10 pct. in 2000/2001 to 21 pct. in 2009/2010, while the rate for descendants rose from 19 pct. in2000/2001 to 30 pct. in 2009/2010.5Between 50 and 60 pct. of the non-western immigrants in certain areas.6The Act will be assessed in 2011 and as part of this evaluation, the effects of the Act will be examined.7Section 262 a of the Criminal Code.8The further legal basis stems from the Copenhagen Declaration of 29 March 1955.9I.e. custody of a duration of more than three months.10Cf. General Comment, No. 10 (2007) of the UN Committee on the Rights of the Child.11Cf. UN General Assembly, doc. (A/64/676)12For a general description of the Greenland Self-Government arrangement, reference is made to the report fromDenmark and Greenland to the United Nations Permanent Forum on Indigenous Issues, Eighth Session(E/C.19/2009/4/Add.4) and to the General Assembly (A/64/676).13See E/C.12/DNK/514The law entered into force in 1963 in Western Greenland and in 1974 in Eastern Greenland.15For a full description of Faroese legislation and the implementation of human rights in Faroese society, please referto; Annex 2 of the fifth periodic report by the Kingdom of Denmark on the International Covenant on Civil and PoliticalRights; Appendix B of the seventh periodic report on Convention on the Elimination of All Forms of DiscriminationAgainst Women; Section 3 of the fourth report on the Convention on the Rights of the Child; Annex 2 of the 18thand19threport on the Convention on the Elimination of All Forms of Racial Discrimination; and Annex II of the fifthperiodic report on the International Covenant on Economic, Social and Cultural Rights.
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