General informationReply to the issues raised in paragraph 1 of the list of issues (E/C.12/DNK/Q/5)1.As a main rule, conventions that Denmark ratifies do not automatically become partof Danish law. Conventions are implemented either by (1) noting “harmony of norms” (i.e.special measures are not considered necessary, because Danish law is already in conformitywith the convention), (2) transforming the contents of the convention into Danishlegislation or (3) incorporating the convention.2.It follows from case law that rights contained in unincorporated conventions,including the International Covenant on Economic, Social and Cultural Rights (theCovenant), are considered by the courts and other law-applying authorities as relevantsources of law and are invoked before, and applied by, the courts and other authorities. Asregards case law concerning the Covenant, see the reply to question no. 2. However, itshould be noted that it is not fully clarified how the Danish Courts will judge in a lawsuit,where there is a conflict between Danish legislation and an unincorporated convention.3.As an integral part of the preparatory legislative work, all human rights conventionswhich Denmark is a party to, and whether incorporated or not, are given carefulconsideration in order to ensure that Danish legislation is in full compliance with theinternational human rights obligations of Denmark.Reply to the issues raised in paragraph 2 of the list of issues4.As mentioned in the reply to question no. 1, it follows from case law that rightscontained in unincorporated conventions, including the Covenant, are considered by thecourts and other law-applying authorities as relevant sources of law and are invoked before,and applied by, the courts and other authorities. However, it should be noted that it is notfully clarified how the Danish Courts will judge in a lawsuit, where there is a conflictbetween Danish legislation and an unincorporated convention.5.Thus, the Covenant has been invoked and applied in cases before the courts, e.g. theSupreme Court judgment of 17 September 1998 (published in the Danish Weekly LawReport 1998 p. 1664/2), where the plaintiff argued that a deprivation of his license topractice law did not comply with Articles 4 and 6 of the Covenant. The Supreme Court didnot find a violation of the Covenant.6.The Covenant was also applied in the Eastern High Court’s judgment of 30 August2002 (published in the Danish Weekly Law Report 2002 p. 2591) concerning the right tounemployment benefits, where the plaintiff argued that his rights under, inter alia, article 8of the Covenant, had been violated. The High Court did not find a violation of theCovenant.7.The Covenant was further applied in a judgment of 25 February 2005, where theEastern High Court explicitly listed the international conventions relevant to the specificquestion, including the Covenant on Economic, Social and Cultural Rights (published in theDanish Weekly Law Report 2005 p. 1677), in a case concerning the freedom of associationin relation to trade unions. The High Court did not find a violation of the Covenant.8.Furthermore, the Covenant was applied in a Supreme Court judgment of 26 April2006 (published in the Danish Weekly Law Report 2006 p. 2083), where the plaintiffclaimed that the labour he had to perform in order to keep receiving unemployment benefitsconstituted among other things forced labour under, inter alia, articles 6 and 7 of theCovenant. The Supreme Court did not find a violation of the Covenant.

II. Issues relating to the general provisions of the Covenant(arts. 1-5)Article 2, paragraph 1 – International cooperationReply to the issues raised in paragraph 4 of the list of issues11.In May 2012, The Danish Parliament unanimously approved the new strategy forDanish development cooperation, “The Right to a Better Life”. The strategy is based on theDanish International Development Cooperation Act, which states that “the objective ofDenmark’s development cooperation is to combat poverty and promote human rights,democracy, sustainable development, peace and stability in conformity with the UnitedNations Charter, the Universal Declaration of Human Rights, and United Nationsconventions on human rights.” Denmark has thus adopted a human rights based approach todevelopment and is continuously working to promote all human rights – economic, socialand cultural as well as civil and political. The approach will guide the Danish policydialogue, concrete development interventions and partnerships, applying human rights as acore value and using the principles of non-discrimination, participation and inclusion,transparency and accountability.12.“Denmark’s development cooperation has a longstanding record of makingimportant contributions to the promotion of human rights. The human rights-basedapproach will reinforce this. Women’s rights will feature prominently in the approach.Denmark will assess its partners on their ability to gradually and continuously bring aboutnoticeable progress for the rights and equal opportunities of women and children –particularly girls – to realize their full potential, and thus their ability to contribute to thedevelopment of society. Children are the most vulnerable group in poor communities, andDenmark will work to promote their rights and needs also in accordance with the UNConvention on the Rights of the Child. Children must be ensured access to health care,education and protection, including in the event of disasters and violent conflict.13.In the ongoing political dialogue with its partners, Denmark will address the humanrights situation based on the international human rights conventions and the work of theHuman Rights Council. Denmark will promote the most effective use of available resourcestowards meeting people’s needs and help facilitate a gradual movement in the rightdirection. By means of an open and critical dialogue, Denmark will emphasise theimportance of progress in regard to human rights, poverty reduction, redistribution andparticipation of marginalised groups.”1

Article 3 – Equal rights of men and womenReply to the issues raised in paragraph 6 of the list of issuesGeneral approach to prevent discrimination15.Gender equality between women and men is a general principle and objective ofDanish policy, and all women and men in Denmark share the same formal rights,obligations and opportunities in society. Denmark has a long tradition of gender equality inall parts of society and all spheres of life, and Danish law gives women the same rights andpossibilities as men when it comes to suffrage, education, jobs, pay, health-care, sexual andreproductive rights, etc. For example; in the health care sector, women and men have equalaccess to health care services, including those related to family planning. The Governmentcontinuously evaluates the prioritisation of gender-related health issues and preventionprogrammes addressing health issues particularly related to women’s health, such as breastcancer. E.g. a national screening programme for breast cancer for women aged 50-69 wasinitiated in 2007. The programme and the monitoring of the programme is the responsibilityof the Danish regional authorities.16.However, in some areas women still face some barriers. For example; women’slabour market participation rate is lower than men’s. The participation rate for women was71.5 per cent in 2011. In comparison, men’s participation rate was 75.7 per cent. But thegap between women’s and men’s participation rate has continuously been narrowing to a 4per cent gap in 2011, compared to 6 per cent in 2006. Also, in 2011, the workforce thatincludes all employed and unemployed persons totalled 2.76 million full-time persons.Women accounted for 1.36 million of these, which corresponds to 48 per cent of the entireworkforce.17.In Denmark, there is no difference as regards measures to address discriminationagainst women at the labour market – be it women of ethnic minority groups or ethnicwomen (of Danish birth). The participation rate for immigrant and ethnic minority womenis, however, lower for ethnic women – but increasing. In 2011, the participation rate forimmigrant and ethnic minority women was 50.8 per cent. Women, irrespective of theirethnic background, do better than men in the education system. Ethnic minority womenfollow the success of ethnic Danish girls.Greenland18.Gender equality is a fundamental value in the democracy of Greenland. Women andmen in Greenland share the same formal rights, obligations and opportunities in society.Greenlandic legislation contains no formal impediment to gender equality. It is stated in theGovernment’s coalition agreement 2009-2013 that equal opportunities is a cause of national

importance. Women and men are perceived as equals. Thus, it is a basic principle for theGovernment to promote equal opportunities in all aspects of life. In 2013, Greenland willcontribute to the eighth periodic report of Denmark to the Committee on the Elimination ofDiscrimination against Women. The report contains descriptions of the status and progressachieved in the field of gender equality.19.Both men and women's position on the labour market is characterised by highparticipation rates. However, a number of imbalances still give rise to continued action. Inthe last 4 years, action has mainly been focused on women on boards and femaleleadership. The Government has prepared a new Parliament Act on Gender Equality thattightens the provisions on equal gender representation in boards, committees ofrepresentatives and similar collective management. Amendments imply that theGovernment must provide equal representation in company boards fully assembled by theGovernment according to the numerical principle 1/1, 1/2, 2/2, 2/3 etc. Regarding boardswhere the Government only elects a part of the board members, the Government must electan equal number of women and men. The tightening of provisions on boards etc. has beenpassed by the Parliament of Greenland in 2011.20.On average men earn a significant higher pay than women. However, the statisticsdo not take into account working hours and job functions. Therefore, a substantial part ofthe pay difference can be explained by the fact that women more often work part time. Inaddition, men are over-represented in management positions. The gender-segregated labourmarket is considered an essential reason for pay differentials between women and men.Specific initiatives targeted at minority groupsNational information campaigns targeting migrant women21.In order to ensure that all citizens of Denmark – also new citizens, the Governmenthas launched several campaigns targeting migrant women (and men) in order to informthem of Danish laws and regulations and of their rights. Women and men attending Danishlessons at language schools all over the country are invited. The aim is to inform them oftheir rights and possibilities in relation to work life, family life, economy and health, andthat the women and men can use the information to call on these rights in their daily life,including expectations from their family on roles and values. An evaluation of the 2ndcampaign showed that the campaign provided the women who participated with usefulinformation on their rights, as well as where to go if these rights are violated.Educational initiatives22.In Denmark, a majority of girls and boys attend the educational system – the trendbeing that girls enter the educational system to a higher degree than boys. Girls’ and boys’choice of education is, however, highly gender segregated. Therefore, the Government haslaunched several initiatives in order to promote less stereotyped choices of education byencouraging girls and boys to focus on their competencies, and not their gender, whenchoosing education and job. Since career and education counsellors play a vital role in thisarea, it has been ensured that a gender aspect is part of the curriculum of the careerguidance counsellor’s education. Also, the Government has financed a range of differentprojects in 2012 and 2013, on how to recruit and maintain more boys in education, and onhow to reduce gender segregated educational choices. The Government will follow up onthe results in 2013.Maternity Care23.A new set of National Guidelines to Maternity Care in Denmark were published in2009 and updated in 2012. The guidelines form the basis of the services offered to pregnant

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women and her family by the Danish Public Health Care System. The services described inthe guidelines cover a broad aspect of issues with regard to health promotion, prevention,and medical treatment in relation to pregnancy, birth and postnatal care. The DanishMaternity Care is differentiated depending on the pregnant woman’s needs. Specialservices are available to vulnerable pregnant women and their families. Maternity Care iscarried out by the Danish regions and Danish municipalities.Health and disease prevention for foreign women24.In the past years, disease prevention and health promotion targeted at ethnicminorities have been a highly prioritized area in many municipalities. Several initiativeshave been implemented, some focusing on ethnic minorities in general, and others onspecific subgroups defined either by country of origin, gender or age. Women have beenthe direct target of several initiatives. Of the initiatives directly targeting women many havefocused on reproductive health and family health in general. In many municipalities peereducators of different ethnic origin has been trained. These types of projects are focusing oncreating health promoting networks among women living in socially troubled communities.These have been undertaken in bigger cities like Copenhagen, Odense and Aarhus. In anetwork-building approach, women have been offered physical activities, healthy cookingclasses and lessons in childcare and nutrition.25.In relation to antenatal care several hospitals with a high proportion of ethnicminorities in their uptake areas offer special group consultations for non-Danish speakingwomen or consultations with midwifes especially trained in working with ethnic minoritywomen. In some areas with a high concentration of social problems, community outreachantenatal programs have been established. The National Health and Medicines Authorityhas initiated pilot projects across the country implementing outreach antenatal care forsocially disadvantaged women, including ethnic minorities. In 2011, Red Cross and severalother partners opened the first free walk-in health clinic for undocumented migrants. Thestaff at the clinic is all volunteer doctors, nurses, midwifes, etc. There are an estimated1,000-5,000 undocumented migrants in Denmark, primarily living in the big cities. Thegender distribution among the undocumented migrants is unknown.HIV/AIDS26.All registered residents in Denmark have equal, free of charge-access to information,treatment and care. This also applies to the field of HIV and AIDS, other STIs andprevention of unwanted pregnancies. However, culture and language disparities oftenprevent people with a different ethnic background than Danish from using existing serviceswhich are available to other groups in Danish society.27.To improve interventions targeted at ethnic minority groups, the Danish non-governmental organization (NGO), “AIDS Foundation”, runs an ethnic secretariat calledCross-Over, which is publically funded and works towards strengthening ethnic equality inthe area of HIV/AIDS, other STIs and unwanted pregnancies.28.Cross-Over's project engages in partnerships with ethnic minority associations andorganizations. Partnerships are based on a participatory approach, where the partnerorganizations are directly involved in both the design and the implementation of activitiesin the field of HIV/AIDS and reproductive health.29.Cross-Over supports the partner with both health professional aspects and financialassistance and the partner organization contributes with its knowledge on specific culturaland linguistic matters relevant to the project. Projects have included for example“Information about reproductive health to Somalis in the Copenhagen area”, “HIV/AIDSinformation to Thai prostitutes working in the Vesterbro area” and “Information about

HIV/AIDS, other STI and unwanted pregnancies to ethnic Turks in Denmark”. Cross-Overoffers counselling on HIV/AIDS, other STIs and prevention of unwanted pregnancies.Counselling can take place via telephone or “face-to-face”, at the office, at home, at thehospital, in a café or somewhere else agreed with the counsellor.30.Checkpoints in Copenhagen, Odense and Aarhus offer HIV-testing and counsellingwithin an hour for all persons of ethnic backgrounds other than Danish. It is free of chargeto be tested and counselled, and it is anonymous. All Checkpoints are centrally located andtest/counselling is carried out by specially trained peers in a friendly environment.Counselling can take place both in Danish and English. In addition, counselling is offeredin Turkish in Copenhagen, and in French in Odense.Reply to the issues raised in paragraph 7 of the list of issuesThe gender-segregated labour market and the pay differentials31.The gender-segregated labour market is considered the most important reason for thepay differentials between women and men. Therefore, the two gender equality challengesare dealt with together. Gender segregation on the labour market shows in several ways.Women and men work in different sectors; women dominate the local government sector,and men are employed in the private and State sectors to a much higher degree. Fewwomen are employed in the construction sector, and the office sector remains dominated bywomen.32.Enterprises tend to see women and men in specific jobs: there is a tendency thatmany enterprises have fixed and preconceived ideas of what jobs women and men canperform.Pay development for women and men33.In 2011, the hourly earnings (exclusive of inconvenience premium) were DKK252.4 for men employed in the private sector against close to DKK 215.5 for women. Thatcorresponds to a pay differential of 17 per cent. In 2005, the hourly earnings for menemployed in the local government sector were DKK 236.6. Hourly earnings for womenwere DKK 214.3, which is 14.3 per cent lower than for men. In 2011, men employed in theState sector earn on average DKK 261.1 per hour performed. That is 9 per cent more thanfor women, whose hourly earnings in 2011 amounted to DKK 240.3, cf. table 2.34.Hourly earnings (exclusive of inconvenience premium) indicate total payment by theemployer to the employee. Accordingly, hourly earnings include pay during sickness andleave in connection with childbirth as well as other paid absence, holiday pay, publicholidays and employee benefits.35.In November 2008, the Danish National Centre for Social Research published anupdated version of a report on wage differences between men and women, first published in2004. The 2008 report analyses the wage differences between men and women in the period1996-2006.36.The first report from 2001 concluded that men on average earn 12 to 19 per centmore than women, depending on the method applied. The 2008 report finds that this wagegap has not changed during the 10 year period. The report analyses the wage gap with astatistical model, which seeks to explain the gap by a number of factors, e.g. sector, branch,working function, length of training/education, experience as well as individualcharacteristics such as age, marital status and geographical location of the work place.37.The model explains about 70 to 80 per cent of the wage gap between men andwomen. This does not mean that the remaining 20 to 30 per cent of the wage gap can beexplained by discrimination between men and women but merely indicates that the model

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does not explain the entire wage difference. Personal performance in particular cannot bemeasured.38.The value of the explanation of the model has decreased in the period 1996-2006.The report explains this result by an increasing part of the wages being determined locally.The Danish National Centre for Social Research is updating the analysis in the spring 2013.The result is expected in September 2013.Concrete initiatives on the gender-segregated labour market and equal pay39.In relation to the Government’s gender equality strategy, the following concreteinitiatives have been taken recently. The Government’s effort on equal pay and the gender-segregated labour market is very complex and is conducted in dialogue with companies andthe social partners in recognition of the fact that promoting equal pay takes place at theworkplace and during the collective bargaining.40.The Equal Pay Act provides protection against discrimination, and the courts of law,the Board of Equal Treatment and industrial arbitration deal with such cases. Since theseventh report the courts of law have dealt with three cases and the Board of EqualTreatment has dealt with six cases.41.The Social Partners are aware of their crucial role in this field, so it is thoroughlydebated how companies and employees may change their attitudes in order to admit morewomen to well-paid male dominated jobs. This approach makes it possible to deal withequal pay, the gender-segregated labour market, and the reconciliation of working life andfamily life at the same time.42.The debate takes place, among other things, in connection with equal pay seminarsorganised by the Ministry of Employment, where researchers and experts discuss variousgender equality subjects. Examples of gender equality subjects are: the significance of thegender-segregated labour market as regards pay differentials between women and men, thesignificance of taking maternity leave to the individual woman’s pay conditions, andcorporate gender-segregated pay statistics.43.The knowledge of the pay gap between women and men is to be used in theenterprises and to exert influence on collective agreements. As far as possible, experienceshould be collected in databases and tool boxes as best practice for inspirational exchangeof experience for both enterprises and the social partners.44.As of 1 January 2007, all major enterprises are required to draw up gender-segregated pay statistics. It means that many enterprises for the first time are required towork on equal pay. Cooperation on equal pay in the enterprises becomes a top priority.Therefore, it is the enterprises that already have gathered experience from joint consultationcommittees that are to draw up gender-segregated pay statistics. It is only major enterprisesthat are required to do so. The legislation is to be revised in order to include a biggernumber of companies and to give the employees more knowledge about the pay situation ofwomen and men in their company.45.In 2010, the Government’s Pay Commission published its report for the publicsector with equal pay as a crucial theme. The Commission underlines that the principle ofequal treatment on the Danish labour market implies that men and women are treatedequally when it comes to working conditions including pay. According to the Commission,the gender segregated labour market is one of the most important causes to paydifferentials. Many factors are at stake in the formation of the gender segregated labourmarket such as choice of trade, education, flexibility and status of job.

Faroe IslandsEmployment46.Faroese legislation does not distinguish between women and men, but ensures thatall citizens of the Faroes are vested the same rights without any preferential positive rightsto any gender. Accordingly, women and men have the same rights and the sameresponsibilities in all areas of society. Women and men have the same rights and access toall types of employment. An employer is not permitted to differentiate or discriminateamong its employees on the basis of gender, and an employer shall offer both women andmen equal pay for equal work. (Reference is made to CEDAW/C/DEN/7, p. 100, article 3).Unemployment47.Slightly more women are unemployed (6.3%) than men (4.7%). As the financialcrisis hit in 2008, male unemployment rose faster than female unemployment, but femaleunemployment has not gone down as fast as male unemployment. This is quite likely due tothe fact that the recession hit the Faroese fish processing industry severely – a sector of thelabour market which has traditionally employed a disproportionally large share of women.This sector has not yet recovered.Table 1Yearly average unemployment as % of work forceMenWomenAverage total

51.In 2009, the Faroese Gender Equality Commission published a report on the wagegap in the public sector. The report found that women on average have lower rankingpositions, are less educated and work less hours than men. Yet, while the difference inworking hours, age, economic sector and education could explain a large portion of thewage gap, there remained a difference of 2.9% that could only be explained by difference ingender. Furthermore, the results seemed to indicate that having children also adverselyaffects a woman’s average wage. Thus, there are structural issues in the labour marketwhich must be addressed in order to reach economic parity on the labour market.52.The Faroese Government has appointed a committee whose task it is to analyse andmake recommendations on how to increase the population in the Faroe Islands. It is mostlyyoung people, and especially young women, who move abroad in order to take up highereducation. In the action plan, it is expected that the recommendations primarily will focuson making it attractive for young people to take all or parts of their higher education in theFaroe Islands. Also the focus will be on attracting Faroese students abroad, particularlyfemale students, back to the Faroe Islands after they have finished their studies. The actionplan will be presented to the Faroese Government on 1 April 2013. It is expected that manyof the recommendations in the action plan will focus on the situation of women in the FaroeIslands.Initiatives to increase the number of women in academia in Denmark53.The universities and research institutions have – as every other public authority – aresponsibility to comply with the legal framework i.e. the Danish non-discrimination andgender equality acts. Also, there is a biannual obligation to produce a gender equality reportto the minister for gender equality. The report must provide an official status on genderequality at the specific university/research institution. Seven of the eight universities inDenmark have scored the best marking possible in the benchmarking report.54.The university/research institution is responsible for implementing and complyingwith any gender action plan that may exist. In order to promote gender equality, a range ofactivities has been put in place. In 2009, a roundtable discussion was held on women andresearch by the former Minister of Science, Technology and Innovation. Special measuresto promote women have been taken including measures providing increased incentive tohire females in higher academic positions.55.Also, based on the special authorization in the Danish Act on Gender Equality, theUniversity of Copenhagen introduced a “principle” according to which faculties wererewarded, if they employed female professors. They are rewarded an extra professorshipwhen they reach a certain number of female professors, and in addition they receive anextra bonus funding as an incentive. There have also been equivalent initiatives at AarhusUniversity.56.The special measures have had a positive effect on gender equality. All Danishuniversities have similar gender equality initiatives specific to the university. All reportsindicate that the results so far are positive, however, the work continues.Women in high-ranking posts in the private sector57.The Government is committed to get more women into management, as women arestill underrepresented in top corporate jobs and corporate boards in the public and privatesector. The proportion of women in listed companies is only six 6.5 per cent and theimproved. At the time of writing (March 2013) only a few preliminary statistics have been released tothe public.

proportion of women on company boards accounts for just below 12 per cent of the boardmembers in the largest publicly listed companies. During the last 10 years, the efforts toimprove women’s access to management positions and company boards have been basedon several voluntary initiatives, including the following: (a) Three corps of ambassadors formore women in management (2007-2011), (b) Charter for more women in management(2008-2013), (c) Operation Chain Reaction (OCR) for more women on boards (2010-January 2013), and (d) Corporate Governance (Committee with recommendations onCorporate Governance for diversity on boards – also in relation to gender).58.The voluntary approach has influenced the development in Denmark in a positivedirection, but there is still room for improvement. Therefore, the Government has presenteda bill on more women in company boards and management positions, which was passed inthe Parliament on 14 December 2012. This so-called “Danish model” strikes a balancebetween the need for real progress in increasing the share of women on boards of directorsand ensuring flexibility for companies.59.The model consists of four elements, targeting both private-sector companies andpublic-sector companies:• The 1,100 or so largest companies are required to set a target figure for theproportion of the under-represented gender in the supreme management body (boardof directors or the like).• The 1,100 or so largest companies must have a policy for increasing the proportionof the under-represented gender at the management levels of the companies ingeneral.• Companies must report on the status of fulfilment of the target set out in the annualreport, including, if so, why the companies failed to achieve the target set.Moreover, companies must explain the policy in the annual report, how the policy isimplemented and what has been achieved. If the companies fail to do so, they maybe fined.• Regardless of size, State-owned companies must set targets and prepare a policy toincrease the share of women in management. Local and regional authorities areencouraged to prepare common guidelines for how to increase the share of womenin management at regional or local level.

II. Issues relating to the specific provisions of the Covenant(arts. 6-15)Article 6 – The right to workReply to the issues raised in paragraph 8 of the list of issues60.Too many immigrants and their adult descendants have no job. Less than half of thepopulation of immigrants with a non-western origin is employed, and many receive publicbenefits. The financial crisis has hit the immigrant population hard, and the employmentrate of all immigrants with a background from developing countries has fallen back fromthe peak level of 2008, where six out ten were employed. It is the Government’s goal toincrease the number of persons with ethnic backgrounds other than Danish that have a jobby 10,000 by the year 2020. The goal is ambitious and calls for multiple actions. Generalreforms concerning education and employment will contribute to the accomplishment ofthis goal. The development in employment rates is closely measured and monitored by theNational Labour Market Authority.

61.All immigrants are – when settling or relocated to a municipality – submitted to a 3year introduction programme dependent on differences in their residence permit. If, after 3years of introduction programme (including language training, on-the-job training andcourses of citizenship), the immigrants are still without a solid stance in the Danishworkforce, he or she carries the same rights as other unemployed Danes and will be treatedon an equal footing with unemployed persons within the social welfare system withunemployment insurance or cash assistance.62.Immigrants with a non-western background are overrepresented among persons whoreceive cash assistance. Thus the Government newly announced a proposal for a reform ofthe national cash assistance program, which is expected to ensure jobs for this group. Theproposed upcoming reform of the cash assistance program will – among other things –stress that persons younger than 30 years must complete an education. This is particularlyrelevant for young men of non-western origin – both immigrants and descendants – as theyare less likely than their Danish peers to complete an educational youth program.63.There is a specific concern to secure the introduction and training of the mostvulnerable non-western refugees and immigrants older than 30 years, their spouses andreunified family members. General action will be taken as part of the reform of cashassistance, and specific development programmes will test and measure the impact of usingintegrated services, mentoring and case managers when addressing the complexity ofproblems for unemployed immigrants, including that of lack of language, vocationaltraining and knowledge of work in combination with social isolation and health problems.64.When it comes to early retirement pensions, immigrants of non-western origin arealso overrepresented among those recently qualifying for this benefit. The reform regardingearly retirement pensions and flexi-jobs, which has already been agreed upon, willcontribute to increase the number of jobs for this group. The reform means that peopleyounger than 40 years of age as a basic rule will not be granted early retirement pension.Instead they will be given early, interdisciplinary and coordinated support based onindividual requirements in order to enhance their labour market potentials. Also personsolder than 40 will be given an early, interdisciplinary and coordinated support, before theycan be considered for early retirement pension.Reply to the issues raised in paragraph 9 of the list of issues65.Denmark is characterised by high participation on the labour market. More than 75per cent of the adult population is on the labour market, which is also true for both men andwomen. The crisis has of course not left Denmark unaffected, but unemployment inDenmark is still lower than the European Union-average and in line with the OECD-average. Calculated on an OECD survey basis, the unemployment rates in July 2012 were7.7 % in Denmark, 10.2 % in the European Union and 8.0 % in OECD. The latestunemployment figures are as follows: Unemployment (European Union survey), November2012: Denmark 7.9 %, European Union 10.7 %, Youth: DK 14.2 %, European Union23.7 %.66.In Denmark, unemployment is calculated as people registered at the job centres.Unemployment in Denmark, January 2013: total number of registered at job centres was160,200 – 6.0 %, incl. persons in activation 35,800 – 1,3% (Men 6.0 %, Women 6.0 %, 50-59 year-olds: 5.9 %, 60+year-olds: 3.8 %, 16-24 year-olds: 5.1 %, 25-29 year-olds: 9.5 %).(The lowest figure was 1.6 % in September 2008).67.Looking at elements like youth unemployment and long term unemployment forboth young people and adults, we find the same picture. Lower unemployment rates inDenmark than in most other comparable countries, but still an increase. A concept which isattracting greater and greater attention in all countries is the so-called NEET-concept

(NEET = Neither in employment nor in education or training). Once again the figures showthat Denmark is in a positive situation compared to most other countries.68.Long term unemployment (LTU) in 2012: DK 2.1%, European Union 4.6%, LTU inrespect of the 15-24 year-olds in 2012: DK 6 %, European Union 28 %.69.NEET 15-24 years, 2012 2nd quarter: DK 6.1 %, European Union 12.7 % (NotinEmployment, Education or Training).70.In general, the challenges for youth employment are an increase in the number ofpersons receiving unemployment benefits, social benefits and disability benefits. It is aserious matter too that as to vocational training Denmark has a fairly high level of dropouts. Basically, the key words in Danish measures against youth unemployment are an“early and active intervention”, with focus on training and education and on the specificneeds of the individual young person. The overall Government targets are that at least 95per cent of a youth cohort is to complete a Youth Education by 2015. 65 per cent shouldcomplete a longer education and hereof 25 per cent a University degree.71.A number of Youth Programmes have been implemented in 2009-2012. Someelements to be mentioned are:• Activation by the job centre, including on-the-job training with practical work-basedtraining in enterprises, wage subsidy jobs, counselling and skills upgrading, andmentoring support;• Improving opportunities for participation in Job Rotation Schemes;• New initiatives for young unemployed graduates;• Similar initiatives for newly trained apprentices;• Improved adult apprenticeships;• Focus on increasing co-operation between youth guidance centres, educationalinstitutions and the job centres;• For people under the age of 30 the job centres provide tests and courses in reading,writing and math if needed; and• A National task force with experts in the field of young people gives advice to thejob centres around the world.72.Initiatives to “Assist Persons at Risk of Unemployment (2009-2012)” consist of (1)more flexible rules for the planning of temporary job sharing, (2) enhanced massredundancy measures, (3) strengthened monitoring of labour market trends, and (4) actionplan on long term unemployment with initiatives on education and improvement of skillspartly for financing courses in reading, writing and arithmetic for unemployed people.The Retirement reform (2011)73.The shortage of labour in 2020 will be addressed by changes in the retirement andpension schemes. The early retirement age will be increased by half a year each year from2014 to 2017. In 2017, you can retire early when you are 62 years and get early retirementin five years. In addition, the early retirement period is shortened from five to three years.This is done by raising the retirement age gradually from 2018 onwards to 2023. In 2023,early retirement is possible at the age of 64 and for a period of three years. The age forretirement on the general old age pension scheme is raised gradually from 2019 to 2022.

Emergency rescue plan for the long-term unemployed in Denmark74.The unemployment benefit period has been reduced from four to two years cominginto effect on 1 January 2013. This means that a large group of unemployment benefitrecipients risk losing their right to unemployment benefits from 2013. The Government haslaunched a group of initiatives aimed at all the unemployed persons, the so-calledEmergency rescue plan. The package contains initiatives to the tune of DKK 332 million(EUR 44.5 million) and came as a result of an agreement between the Government and theDanish Confederation of Trade Unions, the Confederation of Danish Employers, the DanishConfederation of Professional Associations, the Confederation of Professionals inDenmark, Local Government Denmark (the interest group and member authority of Danishmunicipalities) and the Association of Danish Unemployment Funds.75.The Initiatives of the rescue plan are:• A specially designed job contingency plan for all unemployment funds and a jobcentre which will see professionals in place to help unemployed people who areabout to lose their right to unemployment benefits;• All unemployed persons who have six or fewer months left of their unemploymentbenefits, and who risk spending all of their benefits before the second half of 2012will receive a letter from their unemployment fund which encourages them to seekhelp through the job contingency plan;• Unemployed persons who do seek help will be given fast and beyond ordinary helpand support in order to find jobs; and• The job centre will contact all the unemployed persons which the job contingencyplan has not been able to talk to. This must happen no later than one month after theletter has been sent from the unemployment fund.• All unemployed people who need more intensive help will be given:• The right to an intensive job seeking process, including a personal helper;• A better chance securing temporary jobs through the job rotation scheme;• The right to in-work training to make them qualified for the job; and• The right to get fast access to internships or wage subsidised jobs.76.In October 2012, the Government and the private and public employers agreed on aso-called “Acute Job package” with the aim to create 12,500 jobs for long term unemployedby the summer of 2013. Unemployed who are losing their right to unemployment benefitsduring the first 6 months of 2013, get a right to up to 6 months of training/education withan education benefit.77.The new reform on disability pension and flexi-jobs aims at getting more people tobecome self-providing instead of receiving benefits. Focus will be on the resources of theindividual persons and on the development of the persons work capability. The Governmentis very engaged in directing and assisting the young people towards education and jobs andhas just suggested a reform of the cash benefits for young people on that line. The proposalis currently under political discussion in the parliament.

agreements. Collective bargaining thus plays a decisive role for the organization of theDanish labour market. The collective bargaining system is based on a division of labourbetween the legislature and the social partners with the legislature intervening as little aspossible in the regulation of pay and working conditions. Collective bargaining – free fromlegislative intervention – is a basic precondition for the Danish labour market system,which has broad support from a majority of the members of the Danish Parliament. Theincentive for collective bargaining both in the private and the public sector is thus implicitin the very foundation of the organization of the labour market.79.In Denmark, regulation of pay and working conditions are to the largest possibleextent negotiated via collective agreements and not by legislation. This applies in relationto matters such as wages, pension, rules on working hours, dismissals, rules for workersrepresentatives, participation, continued training, maternity leave, child care days, etc. Thisapplies to the private sector and to all parts in the public sector.80.Denmark does not by statute extend collective agreements to apply for other thanthose who have concluded the agreements, which means that no erga omnes system exists.It is assessed that more than 80% of the employees on the Danish labour market arecovered by a collective agreement (73 pct. in the private sector and 100 pct. in the publicsector). The level of pay and working conditions in the fields covered by collectiveagreements has a significant rub-off effect in fields that are not covered by any collectiveagreement. Collective bargaining will take place when the collective agreement is about toexpire.81.With a view to assisting the two sides of industry in concluding acceptableagreements without resorting to industrial action, The Danish Parliament has adopted theAct on Conciliation in Industrial Disputes, popularly called the Public Conciliator's Act,where the tasks and powers of the Official Conciliator are laid down. The task of theOfficial Conciliator is to assist the social partners in concluding agreements withoutresorting to industrial action. The Danish Government has no influence on the actions of theOfficial Conciliator in connection with renewal of collective agreements. He or she will nothave to take socio-economic considerations either in trying to make the parties reach acompromise, and he or she has very wide powers in this connection.Reply to the issues raised in paragraph 11 of the list of issues82.Social dumping is an increasing problem in the Danish labour market. The pastyears’ efforts to fight social dumping demonstrate considerable problems when it comes tothe compliance of foreign companies and workers with Danish legislation in this area.There are companies who avoid paying taxes and VAT and ignore health and safetyregulations. Denmark has, therefore, strengthened the efforts to fight social dumping.Before the initiatives concerning working conditions are further described, it should benoted that inspections of foreign companies are carried out in the same way as inspectionsof Danish companies. If need be, there is the possibility to obtain a translation service, ifthis is necessary in order to carry out the inspection in a proper way.Notification in the “Register of Foreign Service Providers” (RUT)83.If a company is carrying out temporary work in Denmark, this must be notified tothe “Register of Foreign Service Providers” (RUT). The rules apply to both foreigncompanies that post employees in Denmark and for sole trader businesses. Companies mustcomplete an electronic form that must be completed by the time the work begins. Anychanges in the details must be reported at the latest eight days after the changes take effect.The notification scheme serves to equate self-employed with both foreign companies withposted workers and companies with or without employees, established in Denmark and isthus non-discriminatory.

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84.Companies must provide notification of the company, the contact person inDenmark, the number and name of workers and the activity. Information concerning theactivity includes date of commencement, date of finalisation, duration and workplace. Thisinformation makes it possible for the relevant authorities to control the working conditions.85.The notification scheme makes it possible for Danish labour and OccupationalSafety and Health (OSH) authorities to undertake effective control of the compliance withnational and European Union legislation on the provision of services in relation to issues ofimportance to include health and safety, tax- and working conditions regardless of whetherthe company has employees or not. Furthermore, the access of the social partners to someof the information in RUT makes it possible for them to control wage and workingconditions. If the notification is made after the work has begun, the company may be fined.The company may also be fined if it provides incorrect or incomplete information.86.If the work is carried out within the areas of building, construction, forestry,horticulture or agriculture, the company must provide proof for the assignor – the person orcompany with whom the contract to carry out work has been concluded – that the companyhas been registered in RUT. If the company fails to provide proof of the registration inRUT, the assignor is obliged to inform the Danish Working Environment Authority. Thispart of the RUT notification scheme has been added to ensure that the authorities have therelevant information to carry out effective control – even though a company is notregistered in RUT. If the assignor fails to inform the Danish Working EnvironmentAuthority of a lack of documentation or wrongful documentation, the assignor may befined. To help foreign companies and foreign workers, a brochure regarding RUT has beenproduced. It is published in English, German, Polish and Lithuanian.Hotline concerning work carried out by foreign companies87.A hotline has been established at the Danish Working Environmental Authority,which people can call if they have knowledge or suspicion of foreign companies notworking in compliance with the national and European Union legislation. It is also possibleto make this information available to the authorities through the Danish WorkingEnvironmental Authority’s homepage.Increased use of labour clauses88.Part of the foundation of the Danish model is that work performed in Denmark mustbe performed according to Danish pay and working conditions. The authorities hold animportant role in this respect as regards ensuring that underpaid foreign labour does notoccur in construction projects. It has been agreed to abolish the current labour clausethreshold value of approximately DKK 37.5 million for public construction projectsincluded in the labour clause requirement. All government authorities must thus use labourclauses in all tender calls within the construction sector, and not only, as is the casecurrently, for projects above the threshold value.89.Furthermore, the Government and the Red-Green Alliance agree to ensure increaseduse of labour clauses in other types of public tender calls. According to the rules in force,only governmental authorities are obligated to apply labour clauses, just as all ministries arecurrently encouraged to consider whether governmental companies should apply labourclauses. In the future, government contracting authorities (including companies that arefully owned by governmental authorities and not in competition) must use labour clauses inall public tender calls for construction projects.

Brochures regarding work in the construction sector90.Many of the migrant workers in Denmark are working in the construction sector.Therefore, the Danish Working Environment Authority has produced a number ofbrochures – in English, German, Polish, and Lithuanian – regarding safety proceduresconcerning among others, work at great height, roof work, scaffolding work and asbestoswork. These are made available on the homepage and are taken out on the constructionssites when The Danish Working Environment Authority carries out its inspections.Better information for foreign companies and workers91.It can be difficult for foreign companies and workers to form a general view of therules on the labour market, as the rules are administrated by several different authorities.Furthermore, the Danish model entails that the conclusion of collective agreements is amatter for the social partners alone. Therefore, it has been agreed (but not yet implemented)to establish a service desk, where the foreign companies or workers may get answers to alltheir questions concerning work related issues.92.Presently, there exists a homepage “posting.dk”, which in different languages dealswith issues regarding posting. Similarly, the Danish Working Environment Authority’shomepage has a section in different languages and as regard information, a brochure hasbeen made available aimed at people who want to work in Denmark, but who do not knowwhich documents, educational/training background or work experience is required to workhere. The brochure describes what must be done in order to get national qualificationsrecognised in Denmark.93.As regards women of ethnic minorities, there are no special measures. Women ofethnic minorities are comprised by the same schemes as women of Danish birth. Please seereplies under Art. 3 and Art. 6, 8) above.

Article 8 – Trade union rightsReply to the issues raised in paragraph 12 of the list of issuesGeneral94.There is no legislation on industrial actions, including strikes, but the social partnershave concluded their own agreements. The rules on industrial actions are quite liberal, butwhen a collective agreement is concluded, there is a peace duty, which prevents the parties– as a main rule – from resorting to hostile action during the period of validity of thecollective agreements.Civil Servants95.In December 2000, the Minister of Finance issued a circular on the utilisation ofemployment of civil servants under the Civil Servant’s Act. The purpose of the circular wasto limit the usage of civil servant’s employment in the Danish State sector. According to thecircular only so-called “new hires” (newly employed) are possible in the followingpositions/sectors; High ranking government officials (as of 1 April 2013, the circular onlycovers permanent secretaries), senior deputy judges, deputy police prosecutors, deputypublic prosecutors, deputy State prosecutors, employees in the police corps, governors ofprisons, prison officers, some military personnel (officers, sergeants, etc.), officers in thecivil defence forces, and inspectors of the fishery inspection.96.The delimitation of the positions has been done considering the fact that the civilservants are not allowed to strike. With effect from 1 April 2013, managers in departments,

Article 10 – Protection of the family, mothers and childrenReply to the issues raised in paragraph 14 of the list of issuesMeasures taken to address trafficking98.In Denmark, the present Danish Action Plan against Human Trafficking (2011-2014) has increased its focus on unaccompanied minors that can be victims of trafficking.In Denmark, compared to other European countries, the number of minors officiallyidentified as victims of trafficking is very low. Nevertheless, this is a concern, and theDanish Centre against Human Trafficking (CMM) have therefore strengthened its efforts,especially its outreach work to examine whether the extent of human trafficking in minorsis more wide-spread than the Danish authorities are aware of. Further focus is also put onrevealing any occurrence of human trafficking in minors within other areas thanprostitution for instance forced labour and crime such as begging, theft or production andselling of narcotics.99.Getting in contact with minors who are victims of trafficking, is challenging. Tosolve this, CMM has initiated a closer cooperation with relevant organizations like socialNGOs and asylum centres, while also cooperating with authorities such as the police,municipalities, the Danish Prison & Probation Service, and Immigrations Services. A keyelement is training of staff to recognize indicators of trafficking and to be able to actaccording to procedures for identification referral. By working closely in partnerships withother authorities and organizations, CMM aims to ensure that child victims will be detectedand get the right protection and assistance. A cross sectorial working group (participationfrom ministries, NGOs, municipalities, police, etc.) has been initiated to discuss andexchange knowledge on human trafficking of minors, how to identify victims of trafficking,be aware of tendencies, as well as agreeing on procedures for corporation.The rehabilitation of victims of trafficking100. According to section 33 (14) in the Danish Aliens Act, a recovery and reflectionperiod of 30 days are granted to presumed victims of trafficking who do not havepermission to stay in Denmark and therefore have to leave. According to the currentprovision, the reflection period can be prolonged up to a total of 100 days, if special reasonsmake it appropriate, or if the foreigner accepts an offer of a prepared return and cooperatesin the efforts of planning this. “Special reasons” include medical reasons or that theforeigner’s assistance is needed for a shorter period of time regarding criminalinvestigations or proceedings. On 30 January 2013, a bill that includes a proposal toprolong the reflection period from 100 to 120 days was introduced in the DanishParliament.

101. A “prepared return” is in practice an individually planned repatriation programmeinvolving activities in Denmark, e.g. schooling, and upon return, e.g. assistance regardingsmall business start-up, schooling, etc. The offer is given to victims of trafficking who haveto leave Denmark as they do not fulfil the conditions for residence permit or do not applyfor such. The offer aims at providing them with a new start upon return to their country oforigin. Since 2008, the Danish Immigration Service has had a contract with theInternational Organization for Migration (IOM) regarding this program. IOM assists theforeigner with planning the return and reintegration upon return. As part of this, IOMsupports and monitors the reintegration process where possible. The reintegration period inthe country of origin – meaning the period in which the person in question receivesassistance under the IOM program – will within a short period of time be extended from 3to 6 months.102. According to current practice, a temporary residence permit may be granted toforeigners, including victims of trafficking, whose stay in Denmark is necessary forcriminal investigations or proceedings. As it is today, the temporary residence permit isgranted according to a general provision in the Aliens Act. The bill mentioned above,which was introduced on 30 January 2012, also includes a specific provision in the AliensAct concerning temporary residence permit to foreigners whose stay in Denmark isnecessary for criminal investigations or proceeding. The introduction of a specific provisionwill serve to clarify the rules. The new provision will apply to all kinds of crime, includingtrafficking.103. The rules mentioned above apply to all victims of trafficking, both adults andchildren. Furthermore, special rules in the Aliens Act address unaccompanied childrenseeking asylum or staying illegally in Denmark.104. According to section 56 A (1) in the Danish Aliens act, a personal representative (aguardian) is appointed for all unaccompanied children who seek asylum or stay in Denmarkwithout permission. The personal representative supports and cares for the child as regardspersonal issues (not regarding legal issues etc.) and attends the asylum interview and othermeetings with the authorities. If the child has been exposed to trafficking, special attentionis paid to this when the personal representative is appointed, and he or she must haveexperience in this field, e.g. be a social worker.105. According to section 56 A (9) in the Aliens Act, the parents of an unaccompaniedminor will be traced, if the child consents to the tracing, unless the child can take residencein a reception and care centre in the home country. If the child is a victim of trafficking, theparents will be traced regardless of the child’s consent, if finding the parents is in the bestinterest of the child. If the parents have been involved in the trafficking, they will not besearched, and the information regarding their involvement will be handed over to theauthorities in the home country.106. Furthermore, all unaccompanied minors who do not have permission to stay inDenmark and therefore have to leave, are offered a prepared return, see above. The offerincludes among other things efforts to plan a meeting with a family member, a socialorganization, etc. in the country of origin who can give the child the needed assistance,protection, care, etc. in connection with the life in the home country.107. Additionally, in June 2012, the Director of Public Prosecutions published guidelinesconcerning withdrawal of charges against victims of trafficking, identification of thevictims, etc. These guidelines were sent to the police commissioners, the chief prosecutors,the regional public prosecutors and the police commissioners of Greenland and the FaroeIslands. Withdrawal of charges shall, as a main rule, be given, if (a) it is certain that thesuspect has been victim of trafficking, (b) the alleged offence relates to the trafficking, and(c) the alleged offence cannot be characterized as a serious crime.

1)recruits, transports, transfers, houses or subsequently receives a person under18 for the purpose of exploitation of that person through indecent sexual activity, forcedlabour, slavery or slavery-like conditions, punishable acts or removal of organs, or2)makes a payment or offers other benefits to obtain consent to the exploitationas referred to above from an individual who has custody of or responsibility for the victim,and to a person who accepts such payment or other benefit.”109. The provision was amended in 2012, whereby the maximum penalty for offences ofsection 262 A was raised from 8 to 10 years’ imprisonment, and the definition of humantrafficking was expanded to include trafficking with the purpose of exploitation of anindividual through punishable acts.110. The police effort against the kingpins of prostitution and trafficking in human beingshas for a number of years been an important focus area for the police at national as well asat local level. The individual police districts have over time built substantial experience andknowledge on this topic. Furthermore, effectual working and collaboration procedures havebeen established. Since 2011, the police effort has therefore been anchored in the individualpolice districts, which prioritize the police efforts on the basis of an assessment of the localconditions and the local crime situation. The police efforts, comprised of experiencesacquired in the field in recent years, are based on the principles of investigation,cooperation and victim protection, as outlined in the guidelines of the National Police inthis field. Furthermore, the National Centre of Investigation (NCI) collects data regardingtrafficked human beings in order to prepare an overview and initiate criminal investigationwhere relevant.111. In addition, the Director of Public Prosecutions has during the past year taken anumber of initiatives in order to strengthen the awareness of prosecutors as regards totrafficking. Thus, prosecutors responsible for e.g. prosecuting crimes related to prostitutionand illegal employment of foreigners have received training on how to detect and prosecutetrafficking. Likewise, the Director of Public Prosecutions has emphasized the importance offocusing on identifying and prosecuting these offences and will continue to do so.112. Finally, the Director of Public Prosecutions is in the process of drafting newguidelines concerning the sentences that the prosecution should ask for in cases concerningtrafficking. These guidelines will list which aggravating circumstances that should result in

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a higher sentence. Furthermore, a decision has been made to bring trafficking cases withaggravating circumstances to the Supreme Court in order to get the decision of the courtregarding sentencing in such matters.Reply to the issues raised in paragraph 15 of the list of issues113. The right for parents to corporally punish their children was abolished in Denmarkin 1997 by an amendment to the Act on Custody and Access. The Act entered into force forthe Faroe Islands in 2007. Corporal punishment is prohibited in all settings on the FaroeIslands e.g. in the home, schools and other public institutions. Corporal punishment isconsidered as an act of violence and is punishable under section 244-249 of the FaroeseCriminal Code. According to section 2 of The Parental Code the parental authority isprohibited from using corporal punishment. In Denmark in 2007, the Act on Custody andAccess was replaced by the Act on Parental Responsibility. The Government is consideringputting this Act into force for Greenland, thereby abolishing the right for parents inGreenland to corporally punish their children. At present severe instances of corporalpunishment will be covered by the Criminal Code.Reply to the issues raised in paragraph 16 of the list of issuesNumber of children placed in care outside their home114. In Denmark, the total number of children in care under the age of 18 was 12.364 in2011. (2011 is the latest year for which these numbers are available. The numbers for 2012will be available in the fall of 2013). This number includes children placed in care due tosocial issues as well as due to disability. In the five years from 2007 to 2011 the absolutenumber as well as the percentage of children placed in care with a foster family has risendespite a decline in the overall number of children placed in care from 12.658 in 2007 to12.364 in 2011 (after a rise to 12.901 in 2009) . Thus in 2007, 47 per cent of the childrenplaced in care or 6.001 children were placed in foster families. In 2011, the number hadrisen to 54 per cent or 6.650 children. Consequently, the number and percentage of childrenplaced in institutional care has fallen in this period, from 5.265 children or 41 per cent in2007 to 4.565 children or 31 per cent in 2011. The remaining 12 per cent in 2007 and 9 percent in 2011 were placed in various other types of care.Measures adopted to ensure adequate care115. The Social Service Act states that the municipalities are to ensure care for childrenin need of social support. The problem of the child may determine that this is best donethrough a placement outside the home, but along with this placement the municipality is toconsider whether additional support is needed. At least every half year the municipality isto evaluate, whether the support provided presently is still adequate to ensure that the needsof the child are met.Children with disabilities116. An underlying principle is that children with reduced functional capabilities should,to the extent possible, be compensated for the consequences of their disabilities. Childrenwith disabilities must be able to function as normally as possible given the extraordinarystrain that results from their disabilities.The assessment of the need of compensation117. Municipalities shall in their casework always base their decisions on assistance andsupport in a concrete and individual assessment of the actual data.

Technical aids118. Children with permanently and severely reduced functional capabilities are undersection 112 entitled to technical aid e.g. a wheelchair. The municipal council shall grantsupport for technical aids for persons with permanent impairment of physical or mentalfunction, where the aid will remedy the permanent effects of the functional impairmentsignificantly, and where the aid will facilitate daily life in the home significantly.Assistance to car purchase119. Children with permanently and severely reduced functional capabilities can obtainassistance to purchase a car under section 114. The municipalities make decisions in casesinvolving purchase of cars. Decisions are based on the medical, occupational and socialcircumstances of the individual. The type and scope of the functional disability are not theonly aspects factoring into a decision. Weight is also attached to the impact of the reducedfunctional capability on the applicant’s handling of his or her daily life with a disability andwhether he or she has a purpose of or need for transport. Assistance will be given as aninterest-free loan with special repayment conditions and up to a certain amount, neverexceeding the purchase price of the car. Whether or not a person meets the conditions forobtaining assistance to purchase a car, the expenses incurred by mounting necessary,special fittings to the car such as a ramp, a lift, or a seat, will be covered in full.Lost wages120. Parents of a child with disabilities placed in care outside of its home are entitled tocompensation for lost wages under section 42 of the Act on Social Services, during ahospital stay of the child. The aim is to enable parents to be present at the hospital and tosupport their child.Measures taken to ensure family-type care121. The Social Service Act states that children are to be put into care in the place bestsuited to provide for their specific needs. A strong political signal focusing on increasingthe use of foster care was send with the Children’s Reform from 2009. With this reform anew type of “fortified” foster families were introduced, which due to their educationalbackground, experience, etc. are equipped to handle children with graver social issues thanare normally handled in foster families. Also in 2012, it was a part of the general yearlyeconomic agreement between the Government and all the municipalities to increase the useof foster families for children placed in care.

Article 11 – The right to an adequate standard of livingReply to the issues raised in paragraph 17 of the list of issues122. Social policies to improve living conditions for vulnerable groups and prevent socialexclusion are of high priority for the Danish Government. The Government has initiated anumber of measures including the following. Please note that the list is not exhaustive.Poverty line123. In the Government Declaration from October 2011, the Government states that itwishes to be measured on reducing poverty in Denmark. On May 11, 2012, the DanishGovernment established an Expert Committee with the aim of identifying various methodsto measure poverty and suggest a possible Danish poverty line. The Expert Committee isset to present its conclusions ultimo April/primo May 2013 after which the Governmentwill discuss various options to address poverty in a Danish context.

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Reform of the cash benefits system124. As of January 1, 2012, the lowest cash benefits have been discontinued, which isexpected to lead to increased levels of benefits for approx. 16,000 all-year benefitrecipients. The reform is expected to have a positive effect on the maintenance of lowincome families and thus contribute to greater equality.Improvement of local government’s options to prevent eviction of tenants125. From January 1, 2013, local governments can choose to assist tenants who arethreatened by eviction due to missing rent payments, with temporary rent payment. Themain aim is to avoid vulnerable groups being evicted to live on the streets. Localgovernments can impose administrative conditions or make agreements with the evictionthreatened tenants prior to paying the rent.Right to dental care for economic vulnerable groups126. As of January, 1, individuals that receive benefits at the same level as the socialassistance benefits are entitled to economic help when paying for dental work. Individualsbetween 18 years to 24 years are entitled to a 100 per cent coverage of expenses thatsurpasses DKK 600. Individuals from 25 years and up are entitled to a 65 per cent coverageof expenses that surpasses DKK 800.Special child allowance127. From January 1, 2014, the right to receive special child allowance (granted if onebreadwinner of the family is missing) is extended to cover children whose parentsinvoluntarily and voluntary have chosen to raise the child alone. The extension is aimedprimarily at cases of single adopters and mothers who chose to have a child by artificialinsemination, and subsequently raise the child alone.Higher working tax credit for single parents128. As part of the Governments Tax Reform (2012), the Parliament adopted a reform inSeptember 2012 that increases the working tax credit for single parents defined as thosewho are entitled to extra child allowance (i.e. single parents who have a child living withthem).Early retirement reform129. In December 2012, the Parliament adopted an early retirement reform based on theidea that more young people should have a better opportunity to use their remaining workcapacity instead of living on passive social benefits. The main content of the reform is thatdisability pensions in principle will not be granted to persons under the age of 40. Insteaddisadvantaged young people are supported through a holistic approach through a so-calledinterdisciplinary rehabilitation model with the aim of identifying the individual’s capacityto stay on the labour market. The rehabilitation model comprises of individually tailoredrehabilitation and support measures, and can include both labour marked support activities,treatment in the health care sector and social support. However, if all other possibilitieshave been exhausted, and it is evident that the person will never be able to work again,young people under 40 can still be granted disability pension.

Reply to the issues raised in paragraph 18 of the list of issuesSocial Housing in Denmark130. The term “social housing” is a collective designation for three different types ofhousing; social family dwellings, social dwellings for the elderly and social dwellings foryoung persons. The total number of social housing units in Denmark is approx. 590,000,which amounts to approximately 20 per cent of the total number of dwellings.Approximately 490,000 of them are family dwellings.131. Social housing is open to the entire population irrespective of ethnical backgroundor income. As a principal rule, social housing is let to tenants through a seniority basedwaiting lists and every individual is entitled to put his or her name on the waiting list.Accordingly, no special measures are taken to secure Roma families right to housing, sincethey benefit from exactly the same rights as everybody else according to the Act of socialhousing.132. In order to ensure social housing for all kinds of vulnerable citizens, the localauthorities have an unconditioned right to dispose of 25 per cent of all vacant dwellings insocial housing to solve social housing problems. Thus, the local authority can place anyperson or family who needs a place to live in vacant social housing dwellings in themunicipality. The rent in the social housing family dwellings is kept relatively low due topublic subsidy.133. Furthermore, low income families, e.g. emigrant families or Roma families, areentitled to individual housing benefits. In 2008, approximately 50,000 households withchildren in social housing units had 42 per cent of the rent covered by housing benefits. Thesocial housing sector is administered by the non-profit housing associations, which areunder inspection of the local authorities.134. The social housing sector is a cornerstone of the Danish welfare society since itguarantees low income families, people with minority background, mental illness, etc. adecent place to live. The majority of the social housing units provide popular dwellings ofhigh quality with a strong community and a well-developed neighborhood democracy,which gives residents an influence on their neighborhood.Social Housing on the Faroe Islands135. As stated in the fifth periodic report from Denmark, (Annex II, Reporting on theFaroe Islands, Report from the Government of the Faroes), there is no Faroese legislationlaying down the right to housing. In the autumn 2012, the Government has introduced apolicy on housing aiming to secure adequate housing for every citizen. To this end, theGovernment will introduce measures in order to ensure that the housing market can provideadequate housing to every citizen regardless of age, needs and life situation.136. A public agency has been established in order to stimulate a more diversifiedhousing market by financing construction of dwellings and to provide rental dwellings,which will partly be allocated to social housing. A proposal to a legislative act has recentlybeen introduced to the Parliament with several initiatives. These initiatives include certainfinancial measures aimed at lowering the level of rent on the private market, as well asincreasing the total amount of rental dwellings in the Faroe Islands, both in the public andin the private sector.Homelessness137. Any person who is lawfully residing in Denmark, regardless of citizenship ornationality, is entitled to assistance under the Consolidation Act on Social Services. The

Act specifies for example a municipal obligation to provide temporary accommodation forthe homeless (individuals who have no dwelling or cannot use the dwelling they have dueto social problems) or housing support for vulnerable persons. For this, the municipalitiesreceive block grants from the State. A person who is not lawfully resident in Denmark canreceive basic support such as temporary shelter, clothes and food at NGO-driven shelters,supported by public funding.138. The National Homeless Strategy in Denmark (2009-2013) is a national programtargeted at improving the municipalities measures towards persons suffering fromhomelessness (the strategy is financed by public funding – DKK 500 million (67.1 millionEUR)). The target group of the strategy is similar to the target group of the ConsolidationAct on Social Services. The strategy is still ongoing, but at the present time indicators pointto the efficiency of specific supporting housing methods in terms of maintaining homelesspeople in housing. The total number of persons suffering from homelessness in Denmarkrose marginally from 4,998 persons in 2009 to 5,290 persons in 2011, but this number islower than what could be expected in a time of general economic crisis. The preliminaryresults of the Housing supports methods further show that the number of persons who fallback into homelessness, is less than 5 per cent. The final evaluation of the strategy isplanned to be published mid-2013.139. There are no refugees in the Faroe Islands in the term’s normal definition. Theforeigners living in the Faroe Islands have been granted normal residence and workpermits, while others have immigrated due to family reunification. Family reunificationpermits are granted on the condition that the persons involved have a residence in the FaroeIslands.140. Residence and work permits are granted on the prerequisite that the applicant has afull-time job, i.e. 40 hours a week, and a normal Faroese salary corresponding to his or hereducation. These conditions are considered necessary to ensure that applicants be able tokeep a minimum standard of living and to rent or buy adequate housing in the Faroesehousing market.141. There are two reception centers housing up to 18 homeless people. Also there is anight shelter, which can provide room for 4 people from 9pm to 12pm. The centers’management has stated that they are regularly fully occupied. The work at the centers isconsidered to be successful, as the homeless are receiving needed support and are able toimprove their quality of life. Some of these are helped out of homelessness and have movedto their own home.Reply to the issues raised in paragraph 19 of the list of issues142. Tenants can be evicted from their dwellings, if they have rent arrears, or if theyviolate the regulations of their housing division. The vast majority of evictions are causedby rent arrears. The Danish Court Administration publishes its statistics regarding evictionsof tenants biannually. Table 4 show the numbers of enforcement proceedings since 2002, aswell as the percentage increase, as compared to the previous year or as compared to thesame six-month period of the previous year.143. During the entire period from 2002 to 2011, the number of evictions rose every year.The number of cases more than doubled from 1,823 in 2002 to 4,405 in 2011. However,2012 show a drop of 14 per cent, from 4,405 cases in 2011 to 3,790 cases in 2012.144. As a consequence of the increasing number of evictions of tenants, the DanishParliament has adopted a number of measures to reduce the extent. The decline in 2012 canbe regarded as a result of these measures to prevent evictions.

145. It is evident that the number of evictions of tenants rose before and during thefinancial and economic crisis. Thus, the number of enforcement proceedings increased from2,614 in 2004 to 3,377 in 2007. This represents an increase of 29 per cent during a periodthat was characterised by economic recovery and falling unemployment. Meanwhile, thefinancial and economic crisis is not the sole explanation of the increasing number ofevictions of tenants.146. Evictions of tenants have been examined in two studies published by the DanishNational Centre for Social Research in 2008 and 2012 respectively. Evictions are generallycaused by a combination of low incomes, low disposable incomes, large debts, and largeproportions of incomes spent on rent. In addition, job losses, mental illness, substanceabuse, changing family conditions and the inability to successfully manage one’s personalfinances are influential factors. It is not possible to pinpoint a single reason why tenants getevicted, and a single explanation for the increase of the number of evictions cannot beidentified.147. Families whose primary income is social assistance or unemployment benefits, havea higher risk of being evicted than families whose primary source of income comes fromemployment.148. Households originating in non-Western countries are overrepresented among evictedhouseholds, and the share of evicted households originating from non-Western countriesincreased from 2002 to 2010. However, taking into account the socio-economic differencesin labour market attachment, education, etc. non-western households do not have a higherrisk than (other) Danish households to be evicted from a rental dwelling.

Article 12 – The right to physical and mental healthReply to the issues raised in paragraph 20 of the list of issues150. Between 1999 and 2003, an action plan was implemented to decrease the number ofinduced abortions in Denmark. A total amount of DKK 20 million was granted to this plan.The action plan was continued from 2004 to 2007, when a total amount of DKK 14 millionwas granted to the continuation of activities to reduce the number of induced abortions. Theactivities supported through the action plan, and the follow-up to the action plan was basedon the existing access to free abortion before the end of the 12th week of pregnancy. Theactivities focused on providing information to the general public and to identify vulnerablegroups, e.g. young people and immigrants from non-westerns countries, to train healthpersonnel, and implement model projects.151. As a follow-up to the plan, a total amount of DKK 19.2 million was allocated (from2008 to 2011) to support initiatives to reduce the number of induced abortions and sexuallytransmitted infections. From 2011, funding has been allocated to continue some of theactivities targeting youth, as well as ethnic minorities. Furthermore, funding has beenallocated to strengthen the counseling of women considering induced abortions.152. In 2012, nine prevention-packages were developed to guide the activities in themunicipalities. One of the first packages developed was on sexual health. This packageprovides recommendations for initiatives to strengthen sexual health education to childrenand young people, as well as recommendations for initiatives targeting adult, elderly anddisabled persons. A model for strengthening the sexual health education has beendeveloped and evaluated, and will be implemented in several municipalities from 2013.Funding of initiatives to strengthen sexual health education has at this stage been grantedfor the period 2012-2015.Reply to the issues raised in paragraph 21 of the list of issues153. The Danish health care system is based on the principle of easy and equal access forall registered residents, and the vast majority of health services in Denmark are free ofcharge for residents, e.g. hospital services, and services from general practitioners. Inaddition, the Danish health care system offers some health care services to people notregistered as residents in Denmark, for instance, undocumented migrants.Hospital treatment154.The Act on Health provides undocumented migrants access to hospital treatment.

Continued treatment156. In addition, undocumented migrants and other persons temporarily staying inDenmark are entitled to continued hospital treatment, in cases where it, according to thecircumstances, is not considered reasonable to refer the patient to further treatment in thepatient’s home country, or the patient’s medical condition does not allow transfer to ahospital in the patient’s home country.157. The treatment is free of charge provided that it, according to the circumstances, isnot considered reasonable to charge the patient. Practice from the Danish hospitals showsthat this is often considered the case when the patient is an undocumented migrant.Reply to the issues raised in paragraph 22 of the list of issues158. In Denmark the government parties each year agree on allocation of a certainamount of funds for initiatives specifically aimed at the most disadvantaged and vulnerablecitizens. Moreover, the initiatives are presumed to reduce inequality among citizens. Thesefunds are named below as Financial Pools.OverweightHospital treatment of children with severe obesity – Financial Pool 2013-2016159. Good results have been achieved with hospital treatment of children with severeobesity. At the same time, municipalities have an important role in supporting children andtheir families before, during and after treatment in the hospital. The Government and theparties behind the Financial Pool have therefore agreed on allocating DKK 24 million (~ 3million EUR) for a period of 4 years to enhance hospital treatment of children with severeobesity in close cooperation with the child’s local municipality.Guidelines on tracking and treatment of overweight among children and adolescents160. Building on guidelines from 2007 on tracking and managing overweight amongchildren, the Danish Health and Medicines Authority is in the process of preparing a newset of guidelines on tracking of overweight among children and adolescents and on earlyintervention. These guidelines are targeted at the municipalities who are the competentauthority with regards to health visitors (hereinafter referred to as “municipal healthvisitors”) for children and adolescents. The guidelines are scheduled for publication mid-2013.Examples of completed initiatives161. The Financial Pool 2005-2008 allocated DKK 73 million (~ 10 million EUR) tomunicipal initiatives aimed at the development of community based models for preventionand treatment of overweight in children and adolescents (“The municipality plan againstoverweight”). The Danish Health and Medicines Authority have in three steps allocatedfunds to a total of 31 municipalities. The last project was completed in 2011.162. In 2008, the Financial Pool also funded the “Play and get healthy”-package, whichwas developed by the Danish Veterinary and Food Administration, and targeted atprofessionals in general practice and the municipal visitors for children and adolescentsworking with overweight children and their families.163. In 2008-2010, the Danish Health and Medicines Authority conducted an informationcampaign “A less heavy childhood” targeted at families with children at the age of 4-6years. The campaign informed about the health consequences (physical and psychosocial)of overweight in children and assigned options for action.

Lifestyle and health habitsHealth promotion packages on nutrition, physical activity and overweight164. In 2012, the Danish Health and Medicines Authority published nine “Healthpromotion packages”, including one on nutrition (food and meals) and one on physicalactivity. A Health promotion package on overweight is under preparation and scheduled forpublication mid-2013. The Health promotion packages comprise an evidence-informed toolto assist municipal decision-makers and health planners in setting priorities, planning andorganizing local health promotion and disease prevention initiatives.“Preventive initiative for overweight children and adolescents” – Financial Pool 2012-2015165. The Financial Pool 2012-2015 allocated DKK 28 million (~ 3.7 million EUR) to apreventive initiative among children and adolescents rooted in existing systems. Thepurpose of the pool is early tracking and intervention to prevent unhealthy body weightdevelopment, e.g. through a model project rooted within the municipal health visitors forchildren and youngsters with intervention targeting young people in 6th-10th class and theirparents. The model project contains several elements, e.g. tracking based on height andweight measurements by nursery staff and networking and exchange of experience on threelevels: between the participating adolescents, between local stakeholders, and between theparticipating municipalities.“Children's well-being in vulnerable families with overweight or other Risks” – FinancialPool 2010-2013166. The Financial Pool 2010-2013 allocated DKK 46 million (~ 6 million EUR) tomultidisciplinary health promotion initiatives aimed at children in vulnerable families.Funds were allocated to two kinds of model projects (“A Good Start – Together” and“ICDP Healthy” – International Child Development Program). The projects started early2011 and completion is expected by December 2014. The overall objective of the modelprojects is to test methods and models in interventions focusing on early intervention aswell as interdisciplinary collaboration. Both models focus on strengthening parents' skills tocare for themselves and for their child's well-being and health and thereby reducing therisks that may affect or threaten the healthy development of the child.167. Projects are supplemented by the workshop “Easy Way – Healthy Food, Fun andWell-being”, developed by the Danish Veterinary and Food Administration. Theseactivities focus on the importance of food and physical activity in healthy development andwell-being of a child. The 14 supported projects reported their mid-term evaluations to theDanish Health and Medicines Authority at the end of 2012. An external evaluator ispreparing a cross-disciplinary collection of experiences based on these data.The Danish National Register on Children’s Health168. Since December 2011, the health services in the municipalities are obliged by law tomonitor and report data to the Danish Health and Medicines Authority regarding (a)Children’s height and body weight during their first year of life and during school years; (b)Duration of breast feeding; and (c) The baby’s exposure to smoke at birth. The FinancialPool 2007-2011 “Young and healthy” focuses on prevention of unhealthy lifestyles inadolescents at the age of 16-19 years who are not presumed to further educate themselvesor are unemployed. The basic idea is to use health as a lever to approve the ability of theseyoung people to start an education or find a job. The main focus for the projects was chosenby the participating municipalities and included e.g. well-being, diet and exercise. Resultsshowed that young people were very interested in working with their own health.

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Physical activityThe campaign “Get Moving”169. Since 2005, the Danish Health and Medicines Authority have conducted anationwide campaign on physical activity for children and adolescents. In 2013, thecampaign will include e.g. advertisements in selected magazines and use of YouTube andFacebook.Review of “Physical activity – manual on disease prevention and treatment”170. In December 2011, the Danish Health and Medicines Authority released an updatedand revised version of “Physical activity – manual on disease prevention and treatment”.The manual gathers evidence for children and adolescents, adults, elderly, and pregnantwomen, including the Danish recommendations for physical activity in these groups.Initiatives by the Danish Veterinary and Food Administration171. The initiatives and programs mentioned below are among the main activitiesfocusing on nutrition initiated by the Danish Veterinary and Food Administration (DVFA).The initiatives mentioned include intervention programs, information campaigns, privatepublic partnerships and labeling schemes.School-based programmes172. In 2007, the Government allocated 1.2 million EUR to promote subsidized schoolfruit. This initiative has since been made permanent. In Denmark, school-based foodprogrammes fall within the competency of the municipalities. The Danish Ministry ofFood, Agriculture and Fisheries have supported a smaller, temporary school food schemefinancially (free food for two months). The DVFA has made recommendations for healthyfood in day care institutions and schools, other related fields.“Diet in a nutshell”173. In 2002, the project “Diet in a nutshell – a taste for life” was launched by the DVFA.In partnership with other ministries, research institutions, and interest organizations,projects have been launched to promote healthy and reliable nutrition information,including “the Nutritional Compass” which illustrates the official Danish dietary advice.The nutritional principles will be updated in 2013. In addition, “Diet in a nutshell” offers a“flying squad” that travels nationwide to give advice free of charge about health.Public Private Partnerships174. During the last years, Denmark has focused on the positive benefits of Public PrivatePartnerships (PPP) in various specific topics:a.Salt

177. The Keyhole nutrition labeling can also be considered, to a large extent, as a PPP.The Keyhole Label is a voluntary nutrition label that stands for healthier choices of foods interms of the content of fat, sugar, salt and dietary fibers. The purpose of the keyhole is topromote food products used on an everyday basis by an easily recognizable label showingthat these are healthier choices within their own product category.178. The Keyhole Label has been used since 2009 and can be found on products, as wellas in the marketing of these products. In addition to pre-packaged foods, the Keyhole Labelcan also be used in catering. Approval as Keyhole Label users requires, among other things,nutritional knowledge and communication. The relevant documentation is evaluated byannual visits to the accredited catering establishment.d)Trans Fatty acids (TFA)

Articles 13 and 14 – The right to educationReply to the issues raised in paragraph 23 of the list of issuesChildren and primary and secondary school: Technical Vocational Education and Training183. Equal opportunities for all children irrespective of their ethnic or other backgroundcontinues to be a key goal within the education system. In order to help children with anethnic minority background realise this goal and succeed within the education system,Denmark has taken a number of measures.184. The main focus of these efforts is providing adequate support to bilingual pupils tohelp them overcome any language barriers to full and equal participation in the schoolsystem. From the age of 3 until approx. 6, children with a special need of support indeveloping their proficiency in Danish are offered targeted language developmentactivities. In primary and lower secondary school, bilingual children with a need forlanguage support have the right to receive instruction in Danish as a second language,which is a subject that can be taught in separate lessons, as part of the instruction in othersubjects or as a combination.185. Despite these efforts, children with an ethnic minority background on averagecontinue to have lower academic results than their peers with a majority background. Forexample in PISA 2009, children with an immigrant background performed on average 70points lower in reading than children with a majority background, and 38% of children withan immigrant background have reading results below level 2, indicating that they will facesignificant difficulties in completing a youth education. Socioeconomic background plays amajor role, as this factor explains between 1/3 and 1/2 of the performance differencebetween the two groups. The efforts of schools addressing the challenges of children withan immigrant background seem to have positive effects, as second generation immigrantsand first generation immigrants who arrive before the age of 6 perform significantly betterthan immigrants who arrive at the age of 6 or later.186. Still, the results are a cause for concern, and the Ministry of Children and Educationis continually striving to identify areas, where the effort of the education system towardsmeeting the needs of ethnic minority children needs to be further strengthened. Forexample, after carrying out several national evaluations of the efforts, Denmark decided totake part in the OECD thematic review “Migrant Education”. The project entailedproducing a country report for Denmark, which analysed the efforts of the Danish schoolsystems and suggested improvements in order to better meet the needs of minority students.General measures to improve the quality187. The evaluations and studies carried out identify a number of challenges and areas,where further efforts are required, including better support for the implementation of theframework for language development, making better use of the resources of ethnic minorityparents, greater consistency of support for minority pupils and stronger support for anappreciative approach towards diversity. A number of initiatives have been taken to addressthese needs.188. The most important element in the effort for improving the results of ethnic minoritychildren is the overall quality of the school system. In order to strengthen this vital part ofsociety, the Government has recently presented a proposal for reform of the public primaryand lower secondary school. The central aims are inter alia creating a school that betterhelps all students realise their full potential and to reduce the impact of social backgroundon academic results. In addition, the reform has emphasis on creating a more inclusiveschool with room for everyone, ethnic minority children included. In the area of guidance, a

reform from 2009 has meant that the resources in the guidance system is targeted towardsyoung people who have or risk having difficulties choosing, enrolling in, or completing, ayouth education. This ensures that the young people with the greatest needs, includingvulnerable ethnic minority youths, benefit the most from the guidance system.Specific interventions to support children from minorities189. In addition to the overall measures to improve the school system, a number ofinitiatives have been taken that specifically aim at addressing the challenges faced by ethnicminority children. Since 2008, a task force for bilingual pupils have worked together withschools and municipalities to improve the schools’ ability to meet the needs of bilingualchildren. The task force has offered advice and disseminated knowledge about goodpractise to all schools and municipalities, inter alia through a campaign in cooperation witha national television broadcaster. It has also provided focused assistance to fivemunicipalities through holistic plans on how to improve the proficiency of bilingual pupils,including local strategies and networking, development of best practice, knowledge sharingand the inclusion of parents as support in the pupil’s learning. In 2012, it was decided toextend the activities until the end of 2015, to increase its capacity and extend the area ofactivity to include day care institutions and other care facilities. In addition to extending thegeneral counselling activities of the task force regarding knowledge concrete tools and bestpractice, 20 municipalities will now be able to benefit from cooperation with the task forceon the basis of a holistic agreement. The task force is placed within a central unit, whichgathers knowledge, policy, and counselling regarding teaching bilingual pupils.Day Care190. In the area of early childhood education and care, the legislative framework aroundlanguage support was streamlined in 2010, laying down common rules for languageassessment and support for all children – both bilingual and other children. In addition, anumber of initiatives have been taken to improve the quality of the language support offergiven to preschool children, including:• A tool for language assessment for children at age 3, 5½ and 6, which has beendeveloped in cooperation between several ministries and Local GovernmentDenmark, the association of Danish municipalities. The tool contributes to theprocess of elaborating a profile of the child’s language competences to allow thestaff to plan pedagogical targeted activities and lead a dialogue with the parentsregarding the language development of their child.• A large-scale in-service training programme, where 6,000 pedagogical staff and keypersons in the municipal administrations who work with language development weregiven research-based training based on how best to work with children and parentsto support language development. DKK 34.5 m. was allocated to the project, and 96out of 98 municipalities have taken part in the project.• The Ministry for Children and Education has launched a research project aimed atstrengthening the evidence base for the language development programmes for pre-school children aged 3 to 5. Eight million DKK has been allocated to the project,which runs from 2012-2015. 7,680 children participate.• A research project with the aim of developing a programme based on dialoguereading for use by pedagogic staff in day care facilities to strengthen the languagedevelopment of children with a particular focus on vulnerable mono-and bilingualchildren. DKK 16 m. has been allocated to the project, which runs from 2012-2015and approx. 7,500 children take part in the intervention.

Primary and secondary school191. In 2012, the Government launched an ambitious development program to strengthenthe proficiency of bilingual pupils. The program runs over three years. During this period14 schools spread out over six municipalities will work intensively to make language apriority in education. DKK 42 million has been earmarked for the project. The task forcefor teaching bilingual children is overseeing the project.192. A recent study funded by the School Council, which advises the minister forchildren and education, examined the results of bilingual children in Denmark and Swedenwith a view to determining inter alia the effect of the different approaches to mother-tongueteaching in the two countries. The study found a statistically significant – but small –positive correlation between mother-tongue teaching and academic results in some subjects,but due to the differences in the approaches of the two countries and uncertainties in thedata material, it was not possible to draw any firm conclusions regarding the effect ofmother tongue teaching on academic results.193. In order to follow up on the results of this study, the Government has recentlydecided to allocate DKK 29.5 million to an ambitious experimental programme designed toexamine the effects of different teaching modules that aim to develop or build on themother tongue of minority students. These interventions include:• more traditional mother tongue instruction;• a new approach to teaching that develops as well as making use of mother tongueproficiency in minority languages in close cooperation with the instruction in othersubjects in order to improve the students’ learning in all subjects;• other interventions aiming at increasing the linguistic and academic proficiency ofstudents – particularly minority students – that do not include elements of instructionin minority languages.194. As part of the programme, the results of different interventions on the academicproficiency and well-being of students will be monitored and compared in order to establishthe effect of different approaches to improving the academic outcomes and well-being ofminority students. Approx. 3,500 pupils from 210 schools will participate in theprogramme.195. The Ministry of Children and Education has recently completed the development ofnational tests in Danish as a second language. The purpose of the tests is to map thecompetences and potential of bilingual children in relation to developing their proficiencyin Danish in order to aid the teachers in supporting the language development of the childin the instruction in all subjects. The tests are IT-based and adapt to the level of proficiencyof the individual pupil.Technical Vocational Education and Training196. The dropout rate among boys in vocational trainings program is higher than girls,and boys with minority background have the highest dropout rate compared to minoritygirls and Danish boys. It is important to bear in mind that students may drop out for manydifferent reasons. According to some analysis, the large majority of ethnic minority youthwho enter the vocational training programs, have proficiency challenges. Insufficient skillsin math and Danish are the main challenges for ethnic minority youth in vocational trainingprograms.197. The dropout rate is much higher among those who enter the vocational programswith insufficient results from lower secondary school. The number of ethnic minority youthwho leave the lower secondary school with poorer academic record than Danish students is

much higher. The ethnic minority males who leave the vocational training programswithout completing it had poorer academic results from lower secondary schools.198. Obtaining an apprenticeship can be a difficult task for students. The currenteconomic downturn and lack of growth has increased the challenges for young people toget an apprenticeship. However, it seems like students with ethnic minority backgroundface extra hurdles in obtaining an apprenticeship during their Vocational Trainingprograms.199. The colleges and vocational schools are aware of the hindrances faced by the ethnicminority youth regarding apprenticeship. Many vocational schools have begun to focus ondeveloping their staff’s and teachers’ skills to encourage and motivate the minority youth,especially the boys. The Retention Caravan, which is a concluded project under theMinistry of Education, has had intense and continuous dialogue with vocational trainingschools and colleges with a high number of students with minority background. It isRentention Caravan’s observation that an increase number of vocational colleges arebeginning to be aware of the gap in dropout rates between male and female students.Reply to the issues raised in paragraph 24 of the list of issues200. The Government and Local Government Denmark pursue the clear objective thatgeneral primary and lower secondary school in Denmark must be inclusive and comprisethe majority of children with special needs. A Danish analysis from 2010 gave an overviewof the extent of segregation of children with special needs in special classes and specialschools in Denmark and suggested a number of ways to achieve a more efficient use ofresources. The relatively large segregation of children with special needs in Denmark foundin the analysis does not harmonise with the objective of inclusion.201. As part of the overall agreements on the economy of municipalities for 2011, 2012,and 2013, the Danish Government and Local Government Denmark agreed to work for amore inclusive general primary and lower secondary school so a larger proportion of pupilscould be included. An inclusive primary and lower secondary school will free up resourcesthat can, for instance, be used for strengthening general education in primary and lowersecondary school. The Government has also presented a proposal for primary and lowersecondary school, containing a host of initiatives to help reduce the number of pupilsselected for segregated remedial instruction.School development with a view to inclusion in general education202. Funds have been earmarked for school development that increases inclusion andeducational standards and reduces the volume of pupils referred to remedial instruction.There has been established a “Centre for Inclusion and Remedial Instruction” and a taskforce to help the local authorities adjust to inclusion. Remedial instruction and other specialeducational assistance can only be offered to pupils whose development requires specialconsideration or support, and whose needs cannot exclusively be met with the use ofdifferentiated teaching and class formation within the general education framework. Hence,remedial instruction may not be implemented, if a pupil's difficulties can be remediedwithin the general framework of primary and lower secondary school.Reply to the issues raised in paragraph 25 of the list of issues203.Asylum-seeking childrenof school age are, like other children in Denmark, subjectto compulsory school attendance. According to section 42 G in the Danish Aliens Act,asylum-seeking children of school age who are accommodated in an asylum centre mustparticipate in separately arranged tuition or in tuition equivalent to the general requirementsfor separately arranged tuition.

204. Thus, asylum-seeking children must receive tuition which in content and coverage isequivalent to tuition received by bilingual pupils in the Danish public school, e.g. thetuition that takes place in primary school reception classes. In practice, the said children arenormally taught in a school at the asylum centre which is run by the accommodationoperator, or in the local primary school when the asylum centre is run by the municipality.205. Furthermore, according to section 13 in the Executive Order on Education andActivation, etc., of Asylum-seekers and others, asylum-seeking children can in certaininstances attend public school. A request for admission to a public school can be made, ifthe child in question is accommodated privately outside the asylum centres, and there is notany lodging facility offering training within a reasonable distance, or if teaching at thepublic school in special cases will be of benefit to the child.206.Children who are granted refugee status,fall under the general rules on primaryand secondary schools. These children thus attend ordinary schools on an equal footingwith all other children and benefit from the measures described in the above remarks toquestion no. 23, to which reference is made. This is also the case for asylum-seekingchildren who attend ordinary primary and lower secondary schools according to anagreement with the local municipality.

Article 15 – Cultural rightsReply to the issues raised in paragraph 26 of the list of issues207. Both the Danish Government and the Government of Greenland refer to thedeclaration made by the Danish Government, acceded to by the Greenland Home RuleGovernment, in connection with the Danish ratification of International LabourOrganization (ILO) Convention no. 169 (1989) concerning Indigenous and Tribal Peoplesin Independent Countries. According to this declaration, section 1, Denmark has only oneindigenous people in the sense of the Convention, namely the indigenous population inGreenland (the Inuit). Moreover, the Danish Supreme Court has in accordance with the saiddeclaration ruled that the Thule Tribe does not constitute a tribal people or a distinctindigenous people within or co-existing with the Greenlandic people as a whole (SupremeCourt decision of 28 November 2003 case no. 489/1999 and 490/1999 – the Thule Tribe(the Uummannaq settlement) vs. the Prime Minister of Denmark [UfR 2004, p. 604 f.]), cf.ILO Convention no. 169, art. 1, s. 1, para. (a) and (b).208. This does not mean that the Inughuit of Uummannaq are not capable of maintainingtheir identity and using their own language.209. According to section 20 of Act. No 473 of 12 June 2009 on Greenland Self-Government, Greenlandic is the official language in Greenland. The Parliament ofGreenland has passed a Parliament of Greenland Act no 7 of 19 May 2010 on languagepolicy. The purpose of the act is among other things to ensure the Greenlandic language asa complete and community building language, to strengthen and develop the Greenlandiclanguage as the mother tongue and as second language. According to section 3, para. 2 ofthe act, the Greenlandic language consists of 3 main dialects. The language spoken inAvanersuaq (Northwestern Greenland) is one of these Inuit dialects See also Section V ofthe national report of Denmark to the Working Group on the Universal Periodic Review(A/HRC/WG.6/11/DNK/1). Thus the right of the local population of Avanersuaq, includingthe Inughuit of Uummannaq, to use their own Inuit dialect is ensured.210. The Inughuit of Uummannaq have – in the same way as other communities – theright to maintain their identity.

Reply to the issues raised in paragraph 27 of the list of issues211. The equal right on access to culture is a fundamental principle for the DanishCultural Policy. The legislation and institutional infrastructure in the field of culture and thegeneral objectives of Danish cultural policy are based on the principle of freedom ofexpression, aimed at offering and encouraging everyone living in or visiting Denmark totake an active part in cultural life in its broadest sense. Different policy measures have beentaken to secure access to and participation in cultural activities for everyone living inDenmark.212. The general measures are: decentralization, free entrance or discounts on Tickets,information technologies and digitizing, copyright and collective licenses, and audiencedevelopment. The public funding system has secured that Denmark is geographicallycovered with a broad variety of cultural institutions, e.g. museums, theatres, orchestras,venues, libraries, music schools for children and young people, facilitating access to culturefor everybody. Although Denmark is a small country with a population of approximately5.6 million inhabitants, there are a large number of cultural institutions of different sizes,for example 150 museums, 88 theatres, 525 public libraries, and 98 music schools.213. The cultural policy measures apply to everyone living in Denmark irrespective ofethnic, religious, linguistic or other background. Besides these general measures, there hasalso been taken initiatives focused on special groups and their access to, and participationin, cultural activities mainly: Children and Youth, The German minority and Artists withimmigrant or intercultural background. The initiatives regarding artists with immigrant orintercultural background have been taken by The National Arts Council to ensure thatartists and art projects of immigrant backgrounds receive a special introduction to thepossibilities of obtaining public grants for art and culture in Denmark.214. In the National Arts Councils action plan 2011-2015, it has been outlined how theCouncil will work with cultural diversity. Among other things, it is stated that “Cultural andartistic diversity is a collective name for a large number of good intentions which areimportant to the work of the National Arts Council: Cultural sustainability, freedom ofexpression and mutual respect, equal opportunities for all, irrespective of their sex, racial orethnic origin, religion or belief, or social background”.215. The National Arts Council will focus on identifying and crossing social and culturalbarriers experienced by the applicants, e.g. by expanding and developing the mentormentoring scheme set up by the former art council on a trial basis. The Arts Council and itscommittees intend to discuss and specify their criteria for ensuring diversity and encourageapplicants to challenge the aesthetic criteria of the Council with projects heading in newdirections.216. The mentoring scheme was created as part of the intercultural project of the Councilin 2007-2011. The objective of the scheme has been to make visible a group of artists inDanish cultural life who have not been able to gain a foothold on the Danish art scene fordifferent reasons. The basis is a classical mentoring scheme, where the aim is to realize anddevelop the mentee’s abilities and skills. The mentor puts his/her experience, knowledgeand insight at the disposal of the mentee and can thus be a resource who helps the mentee ingaining a stronger foothold, gives professional response and not least shares his/herexperience, network and contacts. Between 20 and 25 mentor agreements have until nowbeen set up between an intercultural artist and a professional, established artist. Within theframework of the mentoring scheme, there has also been information meetings forintercultural artists and seminars for art and cultural institutions. The objective is to meetthe need for information and mark interculturalism as an important catalyst for thedevelopment of Danish art life.

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