Retsudvalget 2012-13
REU Alm.del Bilag 333
Offentligt
The Ministry of Foreign Affairs of Denmark
TWENTIETH AND TWENTY-FIRST PERIODIC REPORT OF DENMARKCONCERNINGTHE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALLFORMS OF RACIAL DISCRIMINATIONJune 2013
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CONTENTS
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GENERAL OBSERVATIONS.................................................................................................................................. 3INFORMATION RELATING TO ARTICLES 2 TO 7 OF THE CONVENTION................................................... 4
Article 2, paragraph 1 ......................................................................................................................................................... 4Article 2 (1) (c) ................................................................................................................................................................... 7Article 2, paragraph 2 ......................................................................................................................................................... 8Article 3 .............................................................................................................................................................................. 9Article 4 .............................................................................................................................................................................. 9Article 5 ............................................................................................................................................................................ 15Article 5 (a)....................................................................................................................................................................... 15Article 5 (b) ...................................................................................................................................................................... 16Article 5 (c)....................................................................................................................................................................... 17Article 5 (d) (i).................................................................................................................................................................. 18Article 5 (d) (iii) ............................................................................................................................................................... 20Article 5 (d) (iv)................................................................................................................................................................ 20Article 5 (d) (vii)............................................................................................................................................................... 21Article 5 (e) (i).................................................................................................................................................................. 22Article 5 (e) (iii)................................................................................................................................................................ 25Article 5 (e) (iv) ................................................................................................................................................................ 28Article 5 (e) (v) ................................................................................................................................................................. 29Article 5 (e) (vi) ................................................................................................................................................................ 34Article 5 (f) ....................................................................................................................................................................... 35Article 6 ............................................................................................................................................................................ 35Article 7 ............................................................................................................................................................................ 36Annex A: Reporting on Greenland ................................................................................................................................... 40Annex B: Reporting on the Faroe Islands......................................................................................................................... 42Annex C: Ethnic composition of the prison population.................................................................................................... 44Annex D: Denmark’s national Roma Inclusion Strategy.................................................................................................. 50
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GENERAL OBSERVATIONS
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The present report is the combined twentieth and twenty-first periodic report submitted by theGovernment of Denmark under article 9 of the International Convention on the Elimination ofAll Forms of Racial Discrimination. The report is an update of Denmark’s previous periodicreports to which reference is made, namely the combined eighteenth and nineteenth periodicreport (CERD/C/DNK/18-19) (subsequently referred to as the 'nineteenth periodic report')submitted on 7 July 2009. Reference is also made to the concluding observations of theCommittee on the Elimination of All Forms of Racial Discrimination on that report(CERD/C/DNK/18-19). Reference is further made to the information provided by theGovernment of Denmark on the consideration of the concluding observations of theCommittee submitted on 24 August 2011 (CERD/C/DNK/CO/18-19/Add.1). For the purposesof the present report, when reference is made to 'the concluding observations' without anyfurther specification, this shall refer to Committee's concluding observations to Denmark'snineteenth period report.The present report covers the period July 2009 – April 2013. Where there have been norelevant legislative, judicial or administrative changes during this period, reference is made tothe nineteenth or other previous periodic reports.Specific reports on the situation in Greenland and the Faeroe Islands are set out separately inannexes A and B, respectively. Information regarding the recommendation in paragraph 17 ofthe Committee's concluding observations to the nineteenth periodic report is provided inannex A (Greenland).The present report has been compiled by the Ministry of Foreign Affairs on the basis ofcontributions from line ministries and agencies of the Government of Denmark as well asfrom the Governments of Greenland and the Faeroe Islands. Moreover, the Danish Institutefor Human Rights has submitted its comments in connection with the preparation of thepresent report.
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Public release5.The report will, as every periodic report submitted to the United Nations Treaty Bodies by theGovernment of Denmark, be made available to the public on the official website of theMinistry of Foreign Affairs (www.um.dk). The concluding observations of the Committeewill similarly be made available to the public when received and made subject of a pressrelease.
Amendment to article 8, paragraph 66.In paragraph 23 of its concluding observations, the Committee recommended ratification ofthe amendments to article 8, paragraph 6, of the International Convention on the Eliminationof All Forms of Racial Discrimination. The Government wishes to inform the Committee that
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the instrument of acceptance of the Government of Denmark of this amendment wasdeposited with the Secretary-General on 3 September 1993.Denmark's Core Document7.The Government has taken due note of the Committee's encouragement in paragraph 25 of itsconcluding observations to submit an updated version of Denmark’s Core Document.However, the Government will await the outcome of the Inter-Governmental Treaty BodyStrengthening Process before embarking upon a possible revision of the Core Document.II.INFORMATION RELATING TO ARTICLES 2 TO 7 OF THE CONVENTIONArticle 2, paragraph 1General measures to eliminate racial discrimination8.Denmark attaches great importance to combating intolerance and racism. Denmark has takenand will continuously take a number of measures to protect vulnerable groups in society fromdiscrimination and hate crimes to combat racism, intolerance and xenophobia. SinceDenmark's nineteenth periodic report, the Government has taken various steps to ensure theelimination of racial discrimination and to enhance integration. Some of these generalmeasures are described below.With reference to paragraph 21 of its concluding observations, the Government wishes toinform the Committee that Denmark remains fully committed to the principal objective of the2001 Durban Conference which is the complete elimination of racism, racial discrimination,xenophobia and related intolerance. The Government considers the International Conventionon the Elimination of All Forms of Racial Discrimination to be the universal foundation forefforts to prevent, combat and eradicate racism. Implementation efforts in this field aretherefore targeted directly at implementing these treaty-based international obligations whilebeing mindful of the Durban documents. In recent years, the Government has presented twoaction plans aimed at increasing tolerance in society; an action plan from 2009 aimed atpreventing extremist views among young people and an action plan from 2010 aimed atpromoting ethnic equality and respect for the individual. The major parts of the initiativesunder the former Government’s action plans have been implemented, while other initiativeshave been adjusted according to the current Government’s policies.Since the nineteenth periodic report, the Government has revised the framework for theintegration policy in Denmark. The current Government took office in October 2012.Improved integration of migrants and refugees is a core ambition of the Government. TheGovernment sees integration as shared responsibility for several ministries with Ministry ofSocial Affairs and Integration being responsible for overall co-ordination. The aim of theGovernment's new policy is to ensure a holistic and inclusive approach to integration based onthe needs of migrants as well as the needs of society and to ensure that integration policiesstimulate inclusion and equal participation of all migrants and their descendants in the Danishsociety.
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In November 2012, the Government launched its new vision for integration. The overall aimof the Governments’ vision on integration is to create a holistic and inclusive approach tointegration based on the needs of migrants as well as the needs of society and furthermore toensure that integration policies truly stimulate inclusion and equal participation of all migrantsin Danish society. The vision deals with seven main areas of concern:
Management and monitoring of the integration effort (including the launch of aNational Integration Barometer with indicators for successful integration)Reception and integration of newly arrived refugees and migrantsEnsuring a higher rate of employment of migrants and descendantsFurthering education – focusing on better achievements of migrants anddescendants in schools and in the educational systemStrengthening active citizenship and social inclusion, equal opportunities andgender equality among migrants and descendantsEnsuring a more comprehensive integration effort in deprived housing areasPreventing of marginalization and crime with regard to migrants and descendants
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Also, a total of 20 million Danish Kroner has been allocated for initiatives to promote civiccitizenship and to combat ethnic discrimination (inter alia, support for municipalities, NGO’sand integration-councils) in the period 2012-2015. A grant to support local and nationalinitiatives to combat ethnic discrimination is expected to be launched in 2013.
Strategy against honour-related conflicts13.Furthermore, as a follow-up to the Government platform: "A Denmark that Stands Together"(October 2011), the Government has launched a national strategy against honor-relatedconflicts. A total of DKK 24 million has been allocated for a period of 4 years in order toensure that there will be a decrease of young people who are exposed to honour-relatedconflicts. The strategy was launched by the Minister for Social Affairs and Integration on 6July 2012. The strategy is based upon the understanding that honor-related conflicts are notsolely the problem for the individuals who are directly involved, but also a barrier to migrantintegration on a broader scale. Thus, the strategy aims, inter alia, to provide young peoplewith a better understanding of their fundamental rights as citizens in Denmark and to ensurethat young people are able to use their fundamental rights. The strategy is among other thingsfocused on cooperation among municipalities, other official institutions, and NGOs, educationof professionals, support for the young people, attitude changes and awareness campaigns.
Action Plan for Corporate Social Responsibility 2012-201514.Since Denmark’s nineteenth periodic report, the Government has implemented a secondaction plan for corporate social responsibility (Responsible Growth – Action Plan forCorporate Social Responsibility 2012-2015) to promote responsible growth. This action planis founded on international principles and standards such as the United Nations Global
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Compact, the United Nations Guiding Principles on Business and Human Rights, the OECD’sGuidelines for Multinational Enterprises and ISO 26000. These principles all have a commonpoint of departure in international human rights.15.The action plan presents a wide range of initiatives intended to promote responsible growthwhile ensuring protection and respect for human rights, and it thereby promotes theelimination of racial discrimination. Some initiatives have already been launched whereasothers will be implemented in the next three years (2013-2015).
Financial Statements Act (Section 99a)16.Since 2008, the Financial Statements Act, cf. Section 99a, has required the 1,100 largestDanish companies and all state-owned limited liability companies to report on CSR in theirannual reports. In 2012, the Danish Parliament passed a bill ensuring that in the future thesame companies must also expressly state in their annual reports which measures they aretaking to respect human rights, and to report if they do not have such measures in place. Asurvey on how the companies are performing in relations to Section 99a has been publicizedannually.
Stop hate crimes (regional campaign)17.In August 2010, the Copenhagen police together with the Danish Institute for Human Rights,the Municipality of Copenhagen and the Municipality of Frederiksberg launched a campaigncalled “Stop Hadforbrydelser” (stop hate crimes) in Copenhagen and Frederiksberg. Thepurpose of the campaign was to raise awareness about hate crimes and get victims andwitnesses to report these types of crimes to the police.The campaign included posters and stickers displayed in public places such as on busses andat the side of roads from 16 to 29 August 2010. The campaign also included artwork with ahate crime theme being displayed in Copenhagen and a campaign on Facebook. Shops in thecentre of Copenhagen and in the area of Nørrebro were also invited to contribute to thecampaign by displaying stickers on windows, front doors etc.The campaign also featured a website (www.stophadforbrydelser.dk) with information abouthow to report a hate crime to the police. The website had information about the different typesof hate crimes, the hate crime offenders and the victims of hate crimes. The website containedinformation in different languages about the victim’s right to have an attorney appointed incase of a trial against the offender. The content of the website has recently been moved tosocial media (Facebook).In October 2012, The Ministry of Justice supported the continuance of the campaign. The newcampaign consists of an outdoor campaign targeted at raising awareness and inciting people toreport hate crimes. The campaign also involves an “information and campaign bus” whichwill make it possible to reach the young people and engage in dialogue with both victims andperpetrators.
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Responsibility to Protect
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Discrimination based on factors such as race, religion and ethnicity has, also in recent history,led to mass atrocity crimes such as genocide and crimes against humanity. The internationalcommunity has developed the principle of Responsibility to Protect as a means of preventingsuch crimes. For its part, Denmark has been very active in promoting and operationalizingR2P as an integrated part of its foreign policy. One example of this is the R2P Focal Pointinitiative, which was launched by the governments of Denmark and Ghana at a MinisterialMeeting in New York in September 2010. The Network serves as a platform for exchangingexperiences among focal points – senior civil servants within national governments - with aview to strengthening national capacity for preventing mass atrocity crimes and cooperationamong Member States.With a view mainly to sharing best practices with other states, Denmark has also domesticallytaken steps to establish early warning mechanisms. For instance, The Danish Minister ofForeign Affairs appointed the Legal Advisor to the Danish Ministry of Foreign Affairs as theDanish Focal Point. In 2012, the Danish Focal Point initiated a government-wide evaluationof existing domestic and international policies for mass atrocity prevention with a view toadopting a national Danish Action Plan for the Strengthening of R2P. The Action Plan will bepublished in the course of 2013 and provides an opportunity to initiate strategic actions,identify priorities and resources, and determine responsibilities and timeframes at the nationallevel. The process of developing a plan has increased awareness of R2P within the ministriesand agencies participating in this process.Article 2 (1) (c)Effective measures to review governmental, national and local policies, and to amend,rescind or nullify any laws and regulations, which have the effect of creating orperpetuating racial discrimination wherever it exists
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Incorporation into Danish law23.In paragraph 8 of its concluding observations, the Committee reiterated its recommendationthat the Government reconsider its decision not to incorporate the International Convention onthe Elimination of All Forms of Racial Discrimination in the domestic legal order.As described in paragraphs 47-54 of the seventeenth periodic report as well as paragraphs 24-26 of the nineteenth periodic report, the convention is a relevant and valid source of law in theDanish legal order. The chosen method of implementation does not hinder its practicalapplication by the Danish courts.The Government has, however, recently appointed an expert committee with the task ofconsidering the possibility of incorporating a number of treaties, including the ICERD, intoDanish law. The work of the expert committee has not yet been finalized.
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The International Convention on the Protection of the Rights of All Migrant Workers andMembers of Their Families
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In paragraph 20 of its concluding observations, the Committee encouraged the Government toconsider ratifying certain international treaties, including the International Convention on theProtection of the Rights of All Migrant Workers and Members of Their Families.The number of persons living and working outside their countries of origin is estimated tohave increased since 1975. Denmark has ratified all the ILO core conventions on workers’rights. These also apply to foreign nationals resident in Denmark. Denmark gives highpriority to improving labour market integration of migrants, which is essential in the contextof migrants’ rights.
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Denmark has noted that very few countries in Europe (Bosnia and Herzegovina, Turkey,Azerbaijan and the Republic of Albania) have currently ratified the mentioned convention.The convention has not been ratified by Denmark due to the uncertainness of theconsequences in relation to existing legislation.The expert committee referred to above has also been mandated to consider, inter alia, thepossibility of adopting Protocol no. 12 of the European Convention on Human Rights thatincludes a general prohibition of discrimination. Further consideration as to theappropriateness of a general anti-discrimination legislation should await the result of theexpert committee’s work.
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Article 2, paragraph 2Special and concrete measures to ensure the adequate development and protection ofcertain racial groups or individuals belonging to them, for the purpose of guaranteeingthem the full and equal enjoyment of human rights and fundamental freedoms
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Reference is made to the comments under Article 2 (e) where it is further elaborated howDanish integration policies aim to contribute to the full and equal enjoyment of human rightsfor all migrants and descendants in Denmark.The Government's integration policy is based on the idea that everyone residing in Denmarkshould enjoy equal rights and fundamental freedoms without discrimination. Danishlegislation does not discriminate between various ethnic groups, and most rights andresponsibilities are connected to residence and not nationality. The Danish welfare system isthus founded on principles of universal and equal access to health, education, housing,employment, and social services for all persons legally residing in Denmark irrespective oftheir national or ethnic background. .
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Roma Inclusion Strategy31.In paragraph 10 of its concluding observations concerning the nineteenth periodic report, theCommittee recommended the Government to take appropriate measures to establish thenumbers and legal status of the Roma in the country, and to ensure that Roma and travellers inthe country are, inter alia, afforded protection from discrimination.
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Respect for human dignity, freedom, democracy, equality, the rule of law and respect forhuman rights, including the rights of persons belonging to minorities are core values inDenmark. Therefore the Roma in Denmark enjoy the same fundamental rights and protectionas other Danish citizens or other residents with foreign backgrounds legally residing inDenmark. The responsibility for integration of the individual person rests with the local levelsof society in the municipalities. The Government has conducted a substantive sharing ofinformation on Roma integration and this dissemination of knowledge on best practices andagreed principles for Roma inclusion to the municipal level is a continuous process.The Danish national Roma Inclusion Strategy, as presented to the European Commission in2011, is integrated in the general set of policy measures. The Danish integration policy as wellas the Danish welfare system is based on the idea that everyone residing legally in Denmark,irrespective of their ethnic background, should enjoy equal rights and fundamental freedomswithout any discrimination within the areas concerning education, employment, housing andhealthcare. A national Roma contact point is established in Denmark to coordinate effortswithin national and international levels.In the Roma Inclusion Strategy it is mentioned that statistical data on Roma in Denmark is notavailable, as the ethnic origin of persons is not registered in Denmark. For instance, theNational Danish Civil Registration System (CRS) only contains basic personal data, i.e. name,address, marital status, nationality etc. about every person legally residing in Denmark. Thedata content of the CRS does not include ethnicity. There are no future plans to include dataconcerning ethnicity in the CRS since the registration of ethnicity is not considered inaccordance with the purpose of the CRS.Reference is further made to paragraphs 32 – 35 of Denmark’s nineteenth periodic report.Article 3Prohibition against racial segregation
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Reference is in particular made to the information provided in the present report under article5 (e) (iii) and article 5 (e) (v) as regards measures to prevent as much as possible thesegregation of groups and individuals protected under the Convention in the areas of housingand education.Article 4Prohibition against promotion or incitement to racial hatred and discrimination
Recommendation to limit the powers of the Director of Public Prosecutions37.In paragraph 9 of its concluding observations, the Committee expressed its concern over thepowers of the Director of Public Prosecutions to stop investigations, withdraw charges ordiscontinue cases, and recommended the establishment of an independent and multiculturaloversight body to assess and oversee the decisions taken by the Director of PublicProsecutions. Furthermore the Committee urged the Government to resist calls to repealSection 266 b of the Danish Criminal Code.9
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It should be noted that the Danish rules of criminal procedure build upon a 'principle ofopportunism' and not legality. This implies that it is for the prosecution service to decidewhether or not to prosecute a person, whom the police have initially charged with committinga criminal offence.If the Government were to establish a body to asses and oversee the decisions taken by theDirector of Public Prosecutions this would entail a departure from one of the mostfundamental principles in Danish criminal procedure.Regarding the Committee’s concern about the discontinuance of cases brought before theDirector of Public Prosecutions, reference is made to Section 96(2) of the DanishAdministration of Justice Act. It follows from this provision that a prosecutor must ensure notonly that a guilty person is brought to justice, but also that prosecution of an innocent persondoes not take place. This is referred to as the principle of objectivity and it follows from thisprinciple that an alleged offender should not be indicted, if – based on the evidence of thecase – the prosecution service assesses that prosecution of the offender will not result in aconviction.Against this background the Government has decided not to follow the Committee’srecommendation. The Government does, however, share the Committee’s view on theimportance of effective prosecution of hate crime perpetrators. Consequently, the Governmentdoes not plan to repeal Section 266 b of the Criminal Code.
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Continued efforts to combat racially motivated offences and hate speech42.Since 2009, the Director of Public Prosecutions and the National Commissioner of Policehave launched a number of initiatives to combat hate crime.In a joint letter of 22 September 2011 to all Commissioners of Police and Regional PublicProsecutors, the Director of Public Prosecutions and the National Commissioner of Policeemphasized the obligation of the police and prosecution service to ensure effectiveprosecution in hate crime cases. The police and prosecution service were also encouraged tocontribute to projects/campaigns concerning hate crime e.g. information campaigns aimed atinfluencing public opinion on hate crime.In 2011, the Director of Public Prosecutions also issued new guidelines (No. 2/2011 replacingInstruction No. 9/2006) concerning the investigation and prosecution of cases concerningviolation of Section 266 b of the Criminal Code and the Act on Prohibition of Discriminationbased on Race and cases in which Section 81, No. 6, of the Criminal Code might apply.In relation to crimes committed with a racist motive, it should be noted that during 2011 and2012 seminars on hate crime have been held in all police districts in Denmark. Police officersas well as prosecutors have attended the seminars that were developed by the Danish Securityand Intelligence Service and The Danish Institute for Human Rights. The seminars dealt withtopics such as international conventions, human rights, identification and registration of hatecrimes and the Director of Public Prosecutions’ guidelines concerning investigation andprosecution of hate crimes.
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Furthermore, as of 2013 the Director of Public Prosecutions is offering an annual seminar onhate crimes. Prosecutors, lawyers and judges can participate in the seminar which focuses onthe identification and prosecution of hate crimes. Also a human rights perspective on hatecrimes will be part of the course.Finally, it should be noted that hate crime is a special area of focus in the 2012-2015 strategyof the prosecution service, and that the prosecution of hate crimes is a subject that has beenand will continue to be discussed in relevant forums within the prosecution service, e.g. in theCommittee on offences against the person, where representatives of all police districts and theregional prosecutors' offices participate.
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Criminal cases concerning racist statements (Section 266 b of the Criminal Code)48.In 2011, the Director of Public Prosecutions issued new guidelines concerning the handling ofcases of violation of Section 266 b of the Criminal Code (Instruction No. 2/2011 replacingInstruction No. 9/2006).In order to ensure transparency and a uniform practice by the police and prosecution as to theapplication of Section 266 b in cases concerning hate speech, the new instruction containsdetailed guidelines supplemented with relevant case law as to when an act as a general ruleshould be considered a violation of Section 266 b. New paragraphs discussing the freedom ofexpression relative to such cases as well as guidelines on the investigation and the sentenceclaimed in such cases have been inserted in the instruction.The reporting scheme of Instruction No. 9/2006 concerning violations of Section 266 b iscontinued in the new instruction. Thus, all cases in which a preliminary charge for violation ofSection 266 b has been raised must be submitted to the Director of Public Prosecutions(Rigsadvokaten) together with a recommendation on the question of prosecution. Thus, it isthe Director of Public Prosecutions that determines whether or not to prosecute cases, where apreliminary charge has been raised.If no preliminary charge has been raised and the Commissioner of Police (Politidirektøren)finds that a report of an alleged violation of Section 266 b should be dismissed or that there isno basis for continuing the investigation, the case must be submitted to the Regional PublicProsecutor (Statsadvokaten) together with a recommendation. Thus, it is the Regional PublicProsecutor that determines whether or not a report of an alleged violation of Section 266 bshould be dismissed or the investigation discontinued. However, the Director of PublicProsecutions has to be notified of the decision of the Regional Public Prosecutor.The purpose of the reporting scheme is to ensure a uniform charging practice nationally andsupervise the processing of cases.The final decisions of courts in cases involving a violation of Section 266 b are accessible atthe website of the Director of Public Prosecutions (www.rigsadvokaten.dk). This register,which is updated on a regular basis, includes information concerning 76 rulings, includingacquittals, ticket fines etc., from 2000 to the latest update on 4 July 2012.
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In Denmark’s previous reports the statistics on cases concerning violations of Section 266 bof the Criminal Code were brought about by means of a manual count. Since the eighteenthand nineteenth periodic report a change of the police computer system has been introducedallowing for the electronic extraction of the wanted data. The statistics given below have beenextracted electronically from the police computer systems (POLSAS). Due to this change,earlier statistics and the statistics provided in the following tables will not be directlycomparable.Table 1includes cases in which a preliminary charge for violation for Section 266 b of theCriminal Code has been raised.
Table 1:Year200720082009201020112012TotalNumber ofcharges15915292826122Number ofindictments68613191466Number ofconvictions82475430Number of ticket Number offinesacquittals1401241240021411
Table 2includes cases in which no preliminary charge for violation of Section 266 b of theCriminal Code has been raised.Table 2:YearNumber of cases inwhich investigationshas not beencommenced33124Number of cases, inwhich investigations,that have beencommenced, are stopped36557Number of casesresulted in withdrawalof the charge(påtaleopgivelse)9131217
20072008200920102011
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2012Total
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It should be noted that e.g. the number of preliminary charges in a single year does notcorrespond to the number of indictments in the same year, since charges against a personindicted in 2010 might have been raised in 2009. Also, it should be noted that the data aboveis dynamic and that the numbers may change due to corrections or delayed updates of the datain the police computer system, new convictions etc.
The Act on the Prohibition of Discrimination based on Race56.The reporting scheme of Instruction No. 9/2006 concerning violations of the Act on theProhibition of Discrimination based on Race is continued in the new guidelines set out inInstruction No. 2/2011.Thus, in compliance with the scheme concerning violation of Section 266 b of the CriminalCode mentioned above, cases concerning violations of the Act on the Prohibition ofDiscrimination based on Race have to be submitted to the Director of Public Prosecutions.From 2009-2012 the Director of Public Prosecutions has been notified of 2 convictions, 1ticket fine and 1 acquittal in cases concerning violation of the Act on the Prohibition ofDiscrimination based on Race.Recently, the Director of Public Prosecution has endorsed a recommendation to prosecute apub-owner who refused admission of a man with Italian background.
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Other crimes with a racist motivation (Section 81, No. 6, of the Criminal Code)60.According to Section 81, No. 6, the courts should, when sentencing, consider it anaggravating circumstance if the act is motivated by the ethnic origin, religion, sexualorientation etc. of others. Reference is made to paragraphs 64-66 of seventeenth period report.As it is stated in the new Instruction No. 2/2011, it is a prerequisite for effective action againsthate crimes that the police and prosecution are aware of any circumstances in criminal casesthat may indicate that the offence was committed in full or in part because of the ethnicorigin, religion, sexual orientation etc. of the victim.Thus, the purpose of the new guidelines in the instruction is to ensure that when suchcircumstances exist, the police will make such inquiries during the investigation as arenecessary to clarify this aspect of the matter and that the prosecutor will plan the presentationof evidence in such cases so as to provide the requisite proof of aggravating circumstances asmentioned in Section 81, No. 6, of the Criminal Code.In order to help the police identify the cases where application of Section 81, No. 6, of theCriminal Code might be relevant, the new instruction contains examples of circumstances that
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could indicate that the act was motivated by the ethnic origin, religious belief, sexualorientation etc. of the victim (hate crime indicators).64.According to the instruction an indication of a hate motive might for instance be informationshowing that the suspect had made (negative) statements concerning the victim’s ethnicorigin, religion, sexual orientation or the like immediately before, during or in continuation ofthe offence.Another indication of a hate motive could be information showing that the suspect is affiliatedor has sympathies with an organisation or association which is a proponent for instance ofhighly racist or homophobic views. It might also be an indication of a hate crime if theoffence was aimed at or occurred at a site generally known as a meeting place for persons of aparticular ethnic origin, religion or sexual orientation (e.g. a church, mosque or synagogue, orspecific parks).It follows from the instruction that the police – when such indicators are present – is under anobligation to investigate this aspect of the case and that prosecutors, if no attempt has beenmade to clarify any hate motive adequately, must return the case to the police for furtherinvestigation.If the prosecutor finds the motive to be adequately clarified and the conditions for applyingSection 81, No. 6 of the Criminal Code are considered met, Section 81, No. 6 of the CriminalCode must usually be cited in the indictment/the motion for a court hearing.According to the new instruction, during the trial, the prosecutor must make sure to clarifyany hate motive by interviewing witnesses and producing evidence with relevant informationon that point. Additionally, the prosecutor must emphasize any hate motive as an aggravatingcircumstance in relation to sentencing during his or her closing speech. Finally, the prosecutormust invite the court to take an express position on the issue of application of Section 81, No.6 of the Criminal Code in its judgment.In April 2008, the Director of Public Prosecutions published a report on judgments, where thecontent of Section 81, No. 6, had been cited expressly as a circumstance that had hadinfluence on the sentence or there was an assumption that the provision nevertheless had hadinfluence on the sentencing. The report was based on a manual reporting scheme concerningdecisions made in 2007. Reference is made to the description given in paragraphs 50-54 ofnineteenth periodic report.Currently it is not possible to extract information electronically from the police computersystem on the number of cases in which Section 81, No. 6, was invoked. Consequently, it isnot possible to provide further statistical information on the exact number of cases. However,the Director of Public Prosecutions is currently looking into the possibilities of using the dataon criminal offences and incidents with a potential racist or religious motive that the DanishSecurity and Intelligence Service collects each year to determine the extent to which Section81, No. 6, has been invoked by the prosecution and applied by the courts.
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Findings in the yearly crime victim survey
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As of 1 January 2008 the yearly crime victim survey (conducted by the Research Division inthe Ministry of Justice in cooperation with the University of Copenhagen) on the risk ofbecoming a victim of certain crimes in Denmark, inter alia, violence, includes whether suchan incident is seen as racially motivated. The most recent survey (from 2011) shows that 8 percent of the victims of violence were quite sure that racism caused the offence while another 8per cent thought that might have been the case, which is a statistically significant increasecompared to 2008 and 2009. There is no gender difference regarding the risk of being a victimof a racial motivated violent act.As for victims of robbery, 4 per cent claimed that the motive for the robbery was racism and 6per cent found that likely. There have been no significant changes in these figures during theyears.Victims of hate crimes report the incidence to the police at the same frequency as othervictims.
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The Security and Intelligence Service’s observations74.As described in paragraph 45 of the nineteenth periodic report, the Danish Security andIntelligence Service gathers data from the police districts about, inter alia, crimes with apossible extremist motive.The latest report was made public on 10 January 2013 and covers incidents in 2011.Compared to 2010 the report shows an increase in incidents with a racist motive (from 62 to70). Compared to 2010 the report also shows an increase in incidents with a religious motive(from 10 to 24) and a political motive (from 37 to 78), as well as a drop in incidents with asexual motive (from 30 to 23).The report (in Danish only) can be found on the Danish Security and Intelligence Service’swebpage (www.pet.dk).Article 5Guarantee the right of everyone, without distinction as to race, colour, or national or ethnicorigin, to equality before the lawArticle 5 (a)The right to equal treatment before tribunalsStatistics of the Decisions of the Refugee Appeals Board77.In 2011, the Refugee Appeals Board granted 222 applicants refugee status under the 1951Convention relating to the Status of Refugees and in 200 cases the applicants were grantedsubsidiary protection, 890 of the cases were dismissed.
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78.
In 2012, the Refugee Appeals Board granted 230 applicants refugee status under the 1951Convention relating to the Status of Refugees and 180 of the applicants were grantedsubsidiary protection. 1,086 of the cases were dismissed.
Ethnic composition of the prison population79.In paragraph 19 of its concluding observations concerning Denmark’s eighteenth andnineteenth periodic report, the Committee urged the Danish Government to compile data onthe ethnic composition of the prison population.The Danish Department of Prison and Probation Service has compiled data (see annex C) onthe ethnic composition of the population in Danish Prisons. The compiled data isdisaggregated by geographical origin and age of both immigrants and descendants ofimmigrants in Danish Prisons and includes information on the ethnic composition of theprison population in various institutions (closed state prisons, open state prisons, localprisons, halfway houses etc.). Furthermore, the compiled data includes information on thecomposition of the Danish prison population based on nationality/citizenship.Article 5 (b)The right to security of person and protection by the State against violence or bodily harm,whether inflicted by Government officials or by any individual group or institutionVictims of domestic violence81.With reference to paragraphs 65-71 of the nineteenth periodic report and the concerns andrecommendations in paragraph 13 of the Committee’s concluding observations concerningDenmark’s nineteenth periodic report, it should be noted that the Government further to theGovernment Platform presented an amendment to the Aliens’ Act in January 2013 on therules of revocation of residence permits issued on the basis of spousal reunification in caseswhere the foreigner concerned or the foreigner’s child has been exposed to abuse etc. by thespouse.The amendment entails that the duration of the foreigner’s residence in Denmark shall nolonger be taken into consideration when deciding whether a foreigner in the abovementionedsituation can retain his or her residence permit.With the proposed amendment a foreigner with a residence permit issued on the basis ofmarriage who due to domestic violence etc. leaves the spouse will – depending on theforeigner’s ties with Denmark – be able to retain his or her residence permit, regardless of thelength of the foreigner’s residence in Denmark, if the abuse is substantiated and is assessed tobe the real cause of the cessation of cohabitation.
80.
82.
83.
Victims of human trafficking84.Denmark seeks to combat human trafficking through prevention strategies as well as throughprosecution of the individuals responsible for the trafficking and by providing victims of
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trafficking with targeted support. As victims of trafficking are regarded as vulnerable,Denmark has developed an effective institutional system and implemented a large number ofactivities to support victims during their stay in Denmark.85.Victims of trafficking are entitled to various services under the national Action Plan toCombat Trafficking in Human Beings during their stay in Denmark. This includes healthservices, psychological care, counselling and housing in shelters for battered women or inspecial safe houses for female victims of trafficking. The offers of aid and assistance aregiven to all victims, including asylum seekers and victims staying in Denmark on an illegalbasis. Asylum seekers and irregular immigrants are supported by the Danish ImmigrationService and the special assistance to victims of trafficking are given in addition to theordinary support, which among other things include housing e.g. in asylum centres, where thepersonnel is trained to support vulnerable persons. Victims with legal stay in Denmark aresupported by the Danish Centre against Human Trafficking.Furthermore, special rules in the Danish Aliens Act apply to victims of trafficking, meaningasylum seekers or irregular immigrants whom are believed to have been exposed totrafficking. The purpose of this regulation is to provide aid and assistance to victims in orderto help them recover and be strengthened personally, so they can escape the influence of thetraffickers and will be able to start a life free of trafficking. Additionally, a recovery andreflection period of 30 days is granted to victims of trafficking, who do not have permissionto stay in Denmark and therefore have to leave. If special reasons make it appropriate or if thevictim accepts an offer of a prepared return, the reflection period can be prolonged –according to an amendment to the Aliens Act, which came into force on 3 May 2013 – up to atotal of 120 days. The prepared return is an individually planned repatriation program offeredto all victims. The program is based on a contract between the Danish Immigration Serviceand the International Organization for Migration (IOM). The program involves activities inDenmark during the reflection period, e.g. skills training courses, and upon return, e.g.schooling, assistance regarding small business start-up, subsistence allowance. The programaims at helping the victims to establish a basis for supporting themselves in order to makethem less vulnerable to re-trafficking. As an element of the finance act for 2013, the period inwhich the victim receives assistance upon return to the home country is expanded from 3 to 6months.Article 5 (c)Political rights, in particular the right to participate in elections, to vote and to stand forelection87. According to the Danish Constitution, section 29, the franchise requirements to parliamentaryelections are: Danish citizenship, permanent residence in the realm and the person must haveattained the voting age prescribed by law (18 years).Persons under a guardianship order whohave been deprived of their legal capacity are not entitled to vote,cf. section 6 of the DanishGuardianship Act. The same principles apply with regard to franchise requirements for nationalreferendums. A person entitled to vote in parliamentary elections is also eligible for election tothe Danish Parliament, unless the person in question has been convicted of an offence that inpublic opinion makes the candidate unworthy of being a member of the Danish Parliament.
86.
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88. Any person who has attained the age of 18 years and is resident in the local authority area canvote at elections to local and regional councils,cf. section 1 of the Danish Local and RegionalGovernment Elections Act.However, persons who are not nationals of Denmark, another EUMember State, Iceland or Norway additionally have to reside in the realm for a period of threeyears prior to the election in order to be able to vote at local elections. Persons under aguardianship order who have been deprived of their legal capacity are not entitled to vote. Aperson entitled to vote in elections to local and regional councils is also eligible for election tosuch councilsunless the person in question has been convicted of an offence that in publicopinion makes the candidate unworthy of beinga member of local and regional councils, cf.section 4of the Danish Local and Regional Government Elections Act.89.Franchise for the Danish elections to the European Parliament is held by persons who on theday of the election are entitled to vote at Danish parliamentary elections and are resident inDenmark, cf. section 2 of the Members of the European Parliament Elections Act. In addition,nationals of the other EU Member States who are resident in Denmarkand persons registeredwith the Protocol Department of the Ministry of Foreign Affairs of Denmark (diplomats fromEU member states in Denmark)may vote at elections to the European Parliament in Denmark.Persons under a guardianship order who have been deprived of their legal capacity are notentitled to vote.Article 5 (d) (i)The right to freedom of movement and residence within the border of the state90.Reference is made to paragraphs 87-92 of the nineteenth periodic report.
Duration of stays in the asylum centers91.92.Reference is made to paragraphs 73-78 of the nineteenth periodic report.In 2012, the Government entered a political agreement in collaboration with two parties,Enhedslisten (Red-Green Alliance) and Liberal Alliance. This political agreement will, oncefully implemented, create a number of improvements for asylum seekers living in centers forasylum-seekers. Legislation containing these improvements have been adopted by the Danishparliament and entered into force on 2 May 2013.One of the main focuses of the agreement is supporting the voluntary repatriation of rejectedasylum-seekers whilst providing them with the means to start a new life in their respectivehome countries.The current efforts to support rejected asylum-seekers are strengthened with offers to supportand assist the asylum-seekers in their return and furthermore through a more determined useof measures designed to encourage rejected asylum-seekers to return home voluntarily or faceforced repatriation. A temporary scheme of economic support to asylum seekers, who wishreturn voluntarily to their country of origin, was launched on 18 December 2012. Thistemporary scheme applies for all nationalities except asylum seekers from countries where the
93.
94.
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asylum applications are considered manifestly unfounded. The economic support is 20.000DDK to an adult and 10.000 DKK to a child if the application was received before 1 April2013. If an application is received before 30 June 2013 the support will be 15.000 DKK to anadult and 7.000 DKK to a child. In addition adults can apply for 10.000 DKK in businesssupport.95.With the agreement asylum-seekers are provided with the opportunity of housing andordinary employment outside of the centers while their application is being processed.This proposal aims to facilitate the integration process once the asylum-seeker is grantedasylum and ensure a better and more efficient access to employment or another basis for self-support. Moreover, if an asylum-seeker does not meet the criteria for asylum, the idea behindthe access to ordinary employment and housing is that it will make return easier by improvingthe asylum-seekers’ reintegration in the home-country.The first improvement, the option for asylum-seekers to live outside of the centers, is alreadyin force, albeit to a very limited degree. With the political agreement, the option of privatehousing will be offered to a much a larger group of asylum-seekers. This group includesasylum-seekers who are able to provide for themselves (and their family) and those to whomrelocation is considered particularly beneficial. The latter group focuses, in particular, onfamilies with children. For families with children, who have had their application for asylumrefused, the option of housing outside the centre is already available, but the time for offeringprivate housing has been shortened from 18 months to 12 months after the family’sapplication has been refused. This amendment has already been implemented.For other asylum-seekers, this housing option is now available when they have stayed inDenmark for six months, starting from the date the asylum application was handed in to theDanish Immigration Authorities. Thus, the proposal is a significant expansion of the numberof asylum-seekers who will be offered housing outside the centre for asylum-seekers.The second important improvement in the new arrangement is to provide asylum-seekers withthe possibility of seeking ordinary employment and work outside of the centre, in which theylive. This is also offered when the asylum-seeker has stayed in Denmark for six months,starting from the date the asylum application was handed in to the Danish ImmigrationAuthorities.
96.
97.
98.
99.
100. Unaccompanied minor asylum-seekers are also included in the agreement and will be offeredthe opportunity for housing and seeking ordinary employment outside the centre while theircase is processed, if they have stayed in Denmark for six months, starting from the date theasylum application was submitted. Before allowing such employment and housing, it will beassessed whether the minor asylum-seeker has the necessary maturity to undertake a job andprovide for himself or herself.101. As a general rule, to be offered housing and the option to seek employment outside the centrefor asylum-seekers, it is a requirement that the asylum-seeker discloses all relevantinformation necessary to decide his or her application for asylum. Families with children areexempted from this requirement.
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Asylum-seekers’ right to engage in social, professional, educational and cultural activities102. Reference is made to paragraphs 93-97 of the nineteenth periodic report.103. In the political agreement made in collaboration with two parties, Enhedslisten and LiberalAlliance, the Government has also suggested a number of specific improvements in the accessof asylum-seekers to education and professional activities.104. The Government will enhance focus on young/teenage asylum-seekers’ access to educationand other professional and social activities, through increased funding to already existingprograms.105. The Government has also introduced that Danish language lessons are offered to asylum-seekers living in centers to ensure a more rapid integration if granted asylum. For asylum-seekers participating in a youth education programme, access to paid internships will beprovided. The number of external adult education programmes has increased, thus enhancingaccess to education for asylum-seekers.106. As mentioned above, legislation containing these improvements entered into force on 2 May2013.Article 5 (d) (iii)The right to nationalityThe commission on statelessness107. In August 2011, the Government established an independent investigatory commission toinvestigate and clarify the former administration of applications from persons protected by theUN Convention on the Reduction of Statelessness and the UN Convention on the Rights ofthe Child. The commission is expected to reach its conclusions by the end of 2014.New political agreement108. In May 2013, a new political agreement was adopted regarding the criteria for obtainingDanish nationality. The new criteria imply among other things equal rights to Danishnationality of children of marriage and children born outside marriage. This amendment hasbeen made in the light of a recent judgment from the European Court of Human Rightsconcerning the Maltese rules on nationality.Furthermore, the new criteria lower the requirements concerning Danish language proficiencyfor applicants of Danish nationality and the period where applicants have to be self-supporting.Article 5 (d) (iv)The right to marriage and choice of spouse
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Amended family reunification rules109. With reference to the nineteenth periodic report and the concerns and recommendations inparagraphs 12 and 14 of the Committee's concluding observations, it should be noted that newrules on family reunification with a spouse or partner entered into force on 15 May 2012.With the new rules the 100-point system for obtaining a permanent residence permit wasrevoked. Furthermore, the former rules on family reunification entailed a condition that thespouses’ aggregate ties with Denmark must be stronger than their ties with any other countryunless the spouse living in Denmark is a Danish national or has been residing in Denmark formore than 28 years. According to the new rules, this condition does not apply if the spouse orpartner living in Denmark has held a Danish citizenship for over 26 years. The same applies ifthe spouse or partner in Denmark came to Denmark as a small child or was born and raised inDenmark and has been a legal resident in Denmark for more than 26 years.Family reunification of children under the age of 15110. In relation to family reunification of children under the age of 15, new rules entered into forceon 20 June 2012. Previously, it was a requirement that the child was considered to havepotential for successful integration. This condition applied to all children under the age of 15.According to the new rules, this condition only applies to children of more than 8 years ofage.Article 5 (d) (vii)The right to freedom of thought, conscience and religionNew procedure for registration of child births111. In 2010, a new act entered into force (BEK No. 1144 of 30/09/2010), which repealed theparents’ obligation to inform the ministerial register of the birth of a child. Subsequently, theobligation now falls on the midwife who assisted in the birth of the child. The midwifeinforms the ministerial register which, for historical reasons, is administered by the NationalChurch.112. The parents neither come into contact with the Lutheran – Evangelical faith, nor are theyconfronted with any religious activity. At the registration of birth there is no obligation toprovide any information regarding the religion of the parents or the child. Birth certificatesconcerning non-members of the National Church are provided as a neutral certificate withoutany reference to the National Church.113. In Denmark the naming is separated from birth registration. The naming can be carried out byrecognized religious communities, by baptism in the National Church or online or by maildelivery to the ministerial register. A birth certificate may also be issued by the authority orrecognized religious community by which the child is named.
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Article 5 (e) (i)The right to work, to free choice of employment, to just and favourable conditions of work, toprotection against unemployment, to equal pay for equal work, to just and favourableremuneration114. Reference is made to paragraphs 111 – 112 in the nineteenth periodic report. There have beenno legislative changes to the Act on Prohibition Against Discrimination on the LabourMarket, which prohibits discrimination on grounds of race and ethnic origin in therelationship between an employer and an employee since the last report concerning article 5(e) (i) and (ii).115. The Ministry of Employment follows the development in practice from the national courts incases concerning the prohibition of differential treatment in the relation between an employerand an employee. There are no official statistics on the number of cases about employmentdiscrimination at the courts, but the judgments are published and can be found in differentdatabases.116. The Government is continuously aware of the importance of disseminating knowledge ofgood practices regarding labour market inclusion of ethnic minorities and to include goodpractice in national policies. During 2013, a national Task Force of independent researchersand practitioners will identify local good practices which will be used to further policydevelopment.117. The Government has a constant focus on the prevention of discrimination and the right towork, to free choice of employment, to just and favourable conditions of work, to protectionagainst unemployment, to equal pay for equal work and to just and favourable remuneration.All immigrants are – when settling or relocated in a municipality in Denmark – submitted to a3 year introduction programme dependent on differences in their residence permit.118. It is the Government’s goal to increase the number of persons with other ethnic backgroundthan Danish in employment by 10,000 by the year 2020. The goal is ambitious and calls formultiple actions. General reforms concerning training/education and employment willcontribute to accomplish the goal. From the mid-1990’s and up until the financial crisisstarted in 2008, the difference in the unemployment rate among non-Western immigrants andtheir descendants has been constantly decreasing. The financial crisis also hit the immigrantpopulation hard, and the employment rate of all immigrants with origin in developingcountries, has decreased slightly from the peak level of 2008 where six out of ten wereemployed. Today, the employment rate among non-Western immigrants and their descendantsis below 50 per cent while for persons of Danish origin it is above 70 per cent. Theunemployment rate among non-Western immigrants and their descendants was 15.3 per centby mid-2012 while it was 5.5 per cent for persons of Danish origin.119. The lower employment rate among non-Western immigrants and their descendantscorresponds to the number of non-Western immigrants and their descendants amongst personsreceiving public benefits such as unemployment insurance, cash assistance programmes andearly retirement pension. There has been an increase in total since July 2008 from22
approximately 67.000 persons receiving public benefits to 87.000 persons with non-Westernorigin by the end of 2012. A rather large group of citizens – particularly non-Western womenwithout an income – is financially dependent on family and relatives. Some citizens from thisgroup live in segregated communities without contact to the labour market and are thereforeat risk of being isolated from the surrounding society.120. Possible explanations to the lower employment rate among non-Western immigrants and theirdescendants include factors such as a general lack of proficiency in Danish, formalqualifications, vocational training and limited work experience and personal network. A largeshare of non-Western immigrants has either no training/education or a very low level oftraining/education from their home countries. Furthermore, lack of insight into the Danishsociety, educational system and labour market may play a role as regards the higherunemployment level for non-Western immigrants and their descendants. The latest monitoringof the existing integration programmes for newly arrived immigrants receiving cash assistancestill shows that nearly 54 % of the newly arrived immigrants leave the integrationprogrammes after 3 years and are self-supported through paid work (2010). Ethnicdiscrimination in the labour market may also be a contributing factor. A recent survey (CEMInstitute – Voxmeters Integrationsstatus 2012)shows that the perceived discrimination amongimmigrants has increased from 2006 to 2011. The increase is most significant as regardsperceived discrimination at the workplace from colleagues and customers while the perceiveddiscrimination in the job-seeking process is almost unchanged. Another study (TheRelationship between Pre- and Post-migration Qualifications and their Impact onEmployment Status, AKF Working paper, February 2012)shows that it is difficult for highlyeducated immigrants to find a job that matches the training/education obtained in theircountry of origin.121. Yet other studies - from the Rockwool Foundation and the Confederation of Danish Industry(DI) – demonstrate that immigrants and descendants that complete a Danish education earnjust as well as ethnic Danes. The IZA report No. 5632“The Effects of Active Labour MarketPolicies for Immigrants receiving Social Assistance in Denmark”(2011) concludes that thereare positive post-programme effects, and even positive in-programme effects from mostlabour market initiatives. The effects are largest for subsidized employment programmes, buteffects are also large and significant for direct employment programmes and otherprogrammes.122. The Government is presently carrying out an extensive reform programme of the labourmarket policies in order to decrease the number of persons receiving public benefits throughexpansion of employment opportunities. It is a general focus of the Danish Government tostrengthen a coordinated and cross-sectorial effort at the local level towards the unemployedin order to enlarge the workforce and diminish the number of persons that receive permanentcash benefits, such as early retirement pension, and to ensure that all people – also thosewithout work – are entitled to receive cash benefits that allow them to uphold a minimumstandard of living.123. In December 2011, the lowest level of cash assistance for newly arrived immigrants andothers who had been living outside Denmark for a period (the allowances known as“introduction benefit” and “start benefit”) was eliminated and replaced by the ordinary rate ofcash assistance targeted at all unemployed without employment insurance.
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124. In June 2012, the Government agreed upon a reform regarding early retirement pensions andflex jobs, which will contribute to enhance the number of jobs for immigrants and theirdescendants who currently constitute about 20 per cent of the target groups of this reform.The reform includes legislation stating that persons under 40 years of age as a basic rule willnot be granted an early retirement pension. Instead they will be provided early,interdisciplinary and coordinated support based on individual requirements in order toenhance their labour market potentials. Also, anyperson who has attained the age of 40 yearswill be provided an early, interdisciplinary and coordinated support before they may beconsidered for early retirement pension. The interdisciplinary and coordinated support willinvolve professionals from local jobcentres, the health care system and social workers. It isimportant for the Danish government to keep persons active if, at all, they have some degreeof working capacity. Persons should be helped to remain in employment and those that do nothave the capacity must be helped to obtain competences via training and education.125. In November 2012, the Government presented its integration policy "A strengthenedintegration policy". It appears from this programme that the task of helping more immigrantsgain employment must, first and foremost, be solved as an integrated part of ordinarymunicipal measures within the area. General reforms concerning training/education andemployment will contribute to accomplish the goal.126. In April 2013, the Government agreed on a reform of the active cash assistance programmewhich will largely affect the non-Western immigrants and their descendants as they constituteabout 20 per cent of the persons receiving cash assistance. It is estimated in the outline for theReform of the cash assistance programme that the long term impact will be 4000 formerrecipients of cash assistance in new jobs and an additionally 4000 former recipients of cashassistance in training/ education.127. The reform of the cash assistance programme is specifically addressing the concern to securea higher rate of vocational training and high school exams among immigrants and descendantswith a non-Western background under the age of 30. The reform of the cash assistanceprogram stress that persons younger than 30 years must complete a training or educationprogramme. This is particularly relevant for young men of non-western origin as they are lesslikely to complete a youth educational program than their Danish peers. General actions willbe taken as part of the reform for cash assistance, including new legislation that will supportyoung people without training and education to achieve requirements at threshold level forhigh school and vocational training. This involves initiatives and integrated services thatcombine basic reading, writing, including tuition and mentoring, social and healthcare supportand on-the-job training.128. The reform of the cash assistance programme also addresses the specific concern to secure theintroduction and training of the most vulnerable non-Western refugees and immigrants olderthan 30 years, their spouses and reunified family members. General actions will be taken aspart of the cash assistance reform, and specific development programmes will test andmeasure the impact of using integrated services, mentoring and case managers whenaddressing the complexity of problems for unemployed immigrants, including that of lack oflanguage knowledge, vocational training and knowledge of work in combination with socialisolation and health problems.129. The Ministry of Employment continues to run campaigns, programmes and monitoring of theimpact measures of the labour market policy for the most vulnerable groups. This also24
includes researching the level of education and employment among immigrants and theiradult descendants from development countries.130. In 2012, the Government invested EUR 24.2 million in a campaign programme "Brug foralle" ("Everybody is needed") targeted at testing models of integrated services addressing thecomplexity of problems faced by long term recipients of cash assistance. The programme willbe evaluated at the end of 2013, including outcome estimations for immediate and long termimpacts of the programmes objectives. Immigrants and descendants of non-western origin areincluded as part of the target group in the programme: approximately 25 per cent of the targetgroup consisting of a total of 29,550 individuals have a non-western origin. Objectivesinclude testing models in all Danish municipalities of cross-sectorial coordination of plans forintegrated services to secure the return of long term recipients of cash assistance to an activelife with a job. Status phase 1 (Apr. 2013): approx. 75 % of total target group has beeninterviewed by case manager. Status phase 2 (Apr. 2013): approx. 30 % of total target grouphas according to their plan been offered integrated service after meeting with a cross-sectorialteam.131. Additionally, the Government has invested approximately EUR 1.2 million in launching aninitiative that will enhance the labour market skills of the group of immigrants - particularlynon-Western women without an income - who are financially dependent on their family andrelatives. The Ministry of Employment granted financial support to a number of long termprojects (2 or 3 years) in 8 municipalities addressing the specific problems of reunificationand isolation of spouses of immigrants from non-Western countries in local communities withno work experience and less contact to the welfare state. Spouses under acts of reunification(the majority are women) are often highly dependent on the husband's pay-check,unemployment benefit or cash assistance. The programme runs until 2016.132. The Ministry of Employment also participates in operating a centre for ethnicentrepreneurship in Denmark - a programme which aims at improving conditions for theformation, survival and growth of companies owned by people of different ethnic origin. Theprogramme is financed by the European Commission and national funding in cross-sectorialcooperation with 6 municipalities, the Danish regions and the Ministry of Business andGrowth Denmark. The initiative has its point of departure in the 2007 Government Bill: "Thesociety of possibilities". The programme ends in 2013.Article 5 (e) (iii)The right to housingSocial housing133. The social housing sector is one of the cornerstones in the Danish welfare system since itguarantees low-income families, people with minority background, mental illness and othervulnerable groups a decent place to live. Social housing is a possibility for all personsirrespective of ethnical background or income. As a main rule social housing is let to tenantsthrough seniority based waiting lists and every individual is entitled to be put on the waitinglists. As of 1 January 2012, 22 per cent of the people living in a social housing dwelling wereimmigrants and their descendants from non-western countries.
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134. In order to ensure social housing for all kinds of vulnerable persons, the local authorities havean unconditioned right to dispose of 25 per cent of all vacant dwellings in social housing tosolve a range of social housing problems. Thus, the local authority can place any person orfamily who needs a place to live, in vacant social housing dwellings in the municipality.135. The rent in the social housing family dwellings is relatively low due to public subsidy.Furthermore, low income families are entitled to individual housing benefits. In 2008,approximately 50.000 households with children in social housing units had 42 per cent of therent covered by housing benefits.136. The social housing sector is administered by the non-profit housing associations, which areunder inspection by the local authorities. The local authorities grant subsidy to the building ofsocial housing according to the local needs and structures. The total number of social housingunits in Denmark is approximately. 590.000, which amounts to approximately 20 per cent ofthe total number of housing units. Approximately 490.000 of them are family dwellings. Themajority of the social housing units provide popular dwellings of high quality with a strongcommunity and a well-developed neighbourhood democracy, which gives residents aninfluence on their neighbourhood.Deprived neighbourhoods137. Unfortunately some of the social housing residents are caught in vicious circles of socialproblems and a high rate of unemployment etc. During the past years a social, ethnic andgeographical division of the housing market has developed, and it remains a challenge toestablish a mix of strong and vulnerable groups of persons in social housing. Nonetheless it isa political goal to obtain such a mix since it is considered a precondition for a positivedevelopment in the challenged social housing neighbourhoods. These particularneighbourhoods are characterized by a concentration of low-income families, often withsocial problems. Employment rates and educational attainment are low and some of theneighbourhoods face problems with crime and insecurity.138. This is a problem for both children and adults. Some children lack role models in educationand work, and the adults are isolated without employment and networks outside theneighbourhood. As a result, people living in such neighbourhoods may find it increasinglydifficult to enjoy the same job or education opportunities as the remaining population.139. The Government has identified 33 of these deprived neighbourhoods. According to the Act onSocial Housing Etc. a deprived neighbourhood is defined as a social housing area with morethan 1.000 inhabitants where two of the three following criteria are fulfilled: 1) more than 40per cent of the inhabitants are unemployed, 2) more than 270 persons per 10.000 residents areconvicted of a crime and 3) more than 50 per cent of the inhabitants are of non-Westernorigin.140. In order to address the problems, the municipalities and neighbourhoods have certain optionssuch as access to infrastructural improvements, demolition, renovation, social work andalternative letting rules (explained further below). The objective of the Government is toreduce the number of the challenged social housing neighbourhoods and turn deprived socialhousing units into attractive neighbourhoods.
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The governmental policies fighting stigmatization of people living in the challenged socialhousing neighbourhoods141. The Government is committed to integrating the isolated and challenged neighbourhoods intosociety. The aim is amongst others to ensure that persons with a minority background are notmarginalized as an effect of their place of living.142. The Government has various means to address the complexity of the problems ranging fromphysical interventions, strengthening of social mix of tenants, improving the inhabitants’ability to work and initiatives to combat crime. During the last years, different governments inDenmark have launched both strategies and area-based measures in order to fight the viciouscircle which is the reality in some of the challenged neighbourhoods. Some of the measuresare:Alternative letting rules – by criteria rather than the traditional waiting listSocial work in the deprived areasNon-traditional functions in housing areas / rules about additional activities (for instanceletting buildings to business enterprises)Refurbishing run-down buildingsStrategic demolition of buildingsInitiatives to improve the local schoolsStrengthen the preventive work of both the police and the social workers etc.Many of the initiatives have been implemented in recent years.143. One of the implemented initiatives aims at counteracting segregation and thus at securingimproved integration of immigrant tenants who have a special need for social housing. Themunicipalities are not allowed to place such persons in a challenged neighbourhood. Themunicipality is thus obliged to allocate another appropriate dwelling, and only if this is notpossible the special need for social housing may be covered by offering a dwelling in thechallenged neighbourhood.144. Alternative letting rules have the same objective of improving the integration of theneighbourhoods and secure equal opportunities for the citizens living here. The measure is toachieve a more average mix of tenants. A few examples follow:‘Flexible letting’: Municipalities can decide to allow the social housing associations tolet out flats by criteria instead of through a waiting list. That means that for examplestudents or people in employment looking for housing will be prioritized on the waitinglist.‘Combinedletting’: If a social housing area has a large number of unemployed residents,the municipality may apply the letting rule ‘combined letting’ The municipality candecide to preclude people receiving social assistance from moving into a family dwellingin the area, even if they are at the top of the waiting list. The dwelling will instead be letto tenants who are active in the labour market. The precluded tenant will be offered asimilar dwelling in an alternative social housing area where a larger share of the tenantsis employed.
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145. It is an important consideration in the law that the social beneficiary in question does not losethe opportunity of obtaining a public dwelling altogether. In some instances the municipalityis thus obliged to allocate another appropriate substitute dwelling to the social beneficiary.Article 5 (e) (iv)The right to public health, medical care, social security and social services146. All residents in Denmark are entitled to public health care benefits free of charge. Thisincludes a right to hospitalisation and treatment by a general practitioner or specialist.Right to interpretation in the healthcare system147. According to article 50 in the Danish Health Act, all residents with a right to free treatment athospitals, by general practitioners or by specialists have a right to interpretation free of chargewhen a doctor finds that interpretation is necessary for the treatment. It is always the doctorwho decides whether an interpreter should be present in order to provide the treatment.Doctors are obliged to inform the patient about the illness, the possibility of treatment, theside effects etc. with a view to gaining the patient’s consent to the treatment- the so called“informed consent”. Therefore, the doctor must always ensure that the patient understands theinformation given. If interpretation is considered necessary, the doctor must call for aninterpreter.148. Children should not act as interpreters, for instance for their parents, in situations where it willbe problematic due to the interests of the child or to the adult’s right to privacy in thecommunication with the doctor.Children and young persons with special needs149. According to the Danish health legislation, all primary health care nurses should pay attentionto children and young persons with special needs, including families with a non-Danish ethnicbackground, if there are signs of failure to thrive – a term which in Danish, besides health andgrowth parameters, includes social and personal circumstances. For all children under oneyear of age, the nurse offers home-visits as well as extra visits if there is concern as to thechild’s health and development and if circumstances within the family demands extraattention. The primary health care nurse cooperates with the general practitioner and thesocial welfare department. During the period in which children and young person attendschool, the primary health-care nurse offers regular health dialogues with all children and inthis setting extra attention is given to children with special needs.Ethnic minorities and HIV/AIDS150. In Denmark, all persons have equal access to prevention, treatment, care and support inrelation to HIV/AIDS. An important element of the Danish AIDS policy is to avoid any formof discrimination. Information and motivation are essential elements in the AIDS-policy. Thenumber of diagnosed new HIV-cases has stabilised in Denmark in recent years and todayamounts to about 250 cases a year. In 2011, there were 267 new cases out of which 89involved immigrants.
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151. The Danish AIDS Foundation’s department “Cross Over/the Project and Knowledge Unit”has as its task to enter into dialogue with various community-based immigrant organisationsand through a partnership-based approach define, develop and implement HIV/AIDS-relatedactivities. The Unit supports the collaborating partners with both health and professionalaspects and financial assistance, while the community-based organisations contribute withtheir knowledge on specific, cultural and linguistic matters related to all the phases of theactivities. The participatory approach has highly increased the HIV/AIDS-preventiveactivities in the ethnic communities. The ethnic minority organisations and associations havein general responded positively to placing HIV/AIDS issues on the agenda in the communitiesand have thus contributed significantly to the change from top-down preventive efforts to amore participatory approach.152. In general, there is an increasing focus within the health system to upgrade the effort targetingethnic minorities. In 2005, a network for health professionals and representatives fromdifferent NGO’s working with ethnic minority groups was thus initiated. In the last threeyears, special attention has been paid to people living in Denmark, including immigrants, whoare HIV-positive without knowing their own diagnose as they have never been tested. In thelarger cities, centres have been established to serve the immigrant community with HIV-testing and counselling outside clinical settings and performed by peers.Social security and social services153. The Danish social security system is residence-based and tax-financed. Some benefits, such associal pensions and family allowances are partly linked to nationality. This nationalityrequirement is waived by international agreements. The right to social services, such aselderly care and disability aid and benefits, is subject to legal residence in Denmark and is notlinked to nationality. This also means that persons who are subject to Danish legislationduring residence in another EU Member State are still regarded as lawfully staying inDenmark in relation to entitlement to benefits.Article 5 (e) (v)The right to education and trainingPrimary and lower secondary school (Folkeskolen)154. Equal opportunities for all children irrespective of their ethnic background continues to be akey goal within the education system. In order to help children with an ethnic minoritybackground realise this goal and succeed within the education system, Denmark has taken anumber of measures, which are described in paragraphs 152-158 and 179-190 of thenineteenth periodic report.155. These efforts seek to provide adequate support to bilingual pupils to help them overcome anylanguage barriers to full and equal participation in the school system. From the age of 3 yearsand until approximately 6 years children with a need of support in developing theirproficiency in Danish are offered targeted language development activities. In primary andlower secondary school, bilingual children in need of language support have the right toreceive instruction in Danish as a second language, which is a subject that can be taught inseparate lessons, as part of the instruction in other subjects or as a combination.29
156. Despite these efforts, children with an ethnic minority background on average continue tohave lower academic results than their peers with a majority background. For example inPISA (the Programme for International Student Assessmentof the OECD) from2009,children with an immigrant background performed on average 70 points lower in reading thanchildren with a majority background, and 38 per cent of children with an immigrantbackground have reading results below level 2. This indicates that they will face significantdifficulties in completing a youth education. Socioeconomic background plays a major role inthe children's’ PISA results, as this factor explains between 1/3 and 1/2 the performancedifference between the two groups. The efforts of schools in addressing the challenges ofchildren with an immigrant background seem to have positive effects, as second generationimmigrants and first generation immigrants who come to Denmark before the age of 6 yearsperform significantly better than immigrants who arrive in country at the age of 6 years orlater.157. Still, the results are a cause for concern and the Ministry of Children and Education iscontinually striving to identify areas where the efforts need to be further strengthened. Forexample, after carrying out several national evaluations of the efforts, the Governmentdecided to take part in the OECD thematic review “Migrant Education”. The project entailedproducing a country report for Denmark that analysed the efforts of the Danish schoolsystems and suggested improvements in order to better meet the needs of minority students.Generalmeasuresto improve the quality of education158. The evaluations and studies carried out identify a number of challenges and areas wherefurther efforts are required, including better support for the implementation of the frameworkfor language development, making better use of the resources of ethnic minority parents,greater consistency of support for minority pupils and stronger support for an appreciativeapproach towards diversity. A number of initiatives have been taken to address these needs.159. The most important element in the effort for improving the results of ethnic minority childrenis the overall quality of the school system. In order to strengthen this vital part of society, theGovernment has recently presented a proposal for reform of the public primary and lowersecondary school (folkeskolen). The central aims are, inter alia, creating a school that betterhelps all students achieve their full potential and to reduce the impact of social background onacademic results. In addition, the reform has emphasis on creating a more inclusive schoolwith room for everyone, ethnic minority children included. In the area of guidance in relationto choice of education, training and career, a reform from 2009 has meant that the resources inthe guidance system is targeted towards young people who have or risk having difficultieschoosing, enrolling in or completing a youth education. This ensures that the young peoplewith the greatest needs, including vulnerable ethnic minority youths, benefit the most fromthe guidance system.Specific interventions for ethnic minorities160. In addition to the overall measures to improve the school system, a number of initiatives havebeen taken that specifically aim at addressing the challenges faced by ethnic minoritychildren.
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161. Since 2008, a task force for bilingual pupils have worked together with schools andmunicipalities to improve the schools’ ability to meet the needs of bilingual children. The taskforce has offered advice and disseminated knowledge about good practise to all schools andmunicipalities, inter alia, through a campaign in cooperation with a national televisionbroadcaster. It has also provided focused assistance to 5 municipalities through holistic planson how to improve the proficiency of bilingual pupils, including local strategies andnetworking, development of best practice, knowledge sharing and the inclusion of parents assupport in the pupil’s learning. In 2012 it was decided to extend the activities until the end of2015 to increase its capacity and extend the area of activity to include day care institutionsand other care facilities. In addition to extending the general counselling activities of the taskforce regarding knowledge concrete tools and best practice, 20 municipalities will now beable to benefit from cooperation with the task force on the basis of a holistic agreement. Thetask force is placed within a central unit which gathers knowledge, policy and counsellingregarding teaching bilingual pupils.Language support to pre-school children162. In the area of early childhood education and care, the legislative framework around languagesupport was streamlined in 2010, laying down common rules for language assessment andsupport for all children – both bilingual and other children. In addition, a number of initiativeshave been taken to improve the quality of the language support offer given to pre-schoolchildren, including:A tool for language assessment for children at the age of 3, 5½ and 6 years, which has beendeveloped in cooperation between several ministries and Local Government Denmark, theassociation of Danish municipalities. The tool contributes to the process of elaborating aprofile of the child’s language competences to allow the staff to plan pedagogical targetedactivities and lead a dialogue with the parents regarding the language development of theirchild.A large-scale in-service training programme where 6000 pedagogical staff and key personsin the municipal administrations who work with language development were given research-based training based on how best to work with children and parents to support languagedevelopment. DKK 34, 5 million was allocated to the project and 96 out of 98 municipalitieshave 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-schoolchildren aged 3 to 5 years. DKK 8 million has been allocated to the project which runs from2012-2015. 7680 children participate in the project.A research project with the aim of developing a programme based on dialogue reading foruse by pedagogic staff in day care facilities to strengthen the language development ofchildren with a particular focus on vulnerable mono- and bilingual children. DKK 16 millionhas been allocated to the project which runs from 2012-2015 and approximately 7500children take part in the intervention.
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The public primary and lower secondary school (Folkeskolen)163. In 2012, the Government launched an ambitious development programme to strengthen theproficiency of bilingual pupils. The programme runs over three years. During this period, 14schools spread out over six municipalities will work intensively to make language a priority ineducation. DKK 42 million has been earmarked for the project. The task force for teachingbilingual children is overseeing the project.164. Reference is made to paragraph 16 of the concluding observations in which the Committeerecommends that Denmark provides a general educational policy on the subject of mother-tongue teaching and takes appropriate measures to assess whether people of other ethnicgroups require mother-tongue teaching.165. The Government platform states that the Government will prioritise mother-tongue teaching.A recent study funded by the School Council, which advises the Minister for Children andEducation, examined the results of bilingual children in Denmark and Sweden with a view todetermining, inter alia, the effect of the different approaches to mother-tongue teaching in thetwo countries. The study found a statistically significant – but small – positive correlationbetween mother-tongue teaching and academic results in some subjects, but due to thedifferences in approaches in the two countries and uncertainties in the data material, it was notpossible to draw any firm conclusions regarding the effect of mother tongue teaching onacademic results.166. In order to follow up on the results of the study mentioned above (paragraph. 36), theGovernment has recently decided to allocate 29.5 million DKK to an ambitious experimentalprogramme designed to examine the effects of different teaching modules that aim to developor build on the mother tongue of minority students. These interventions include:more traditional mother tongue instruction,a new approach to teaching that develops as well as makes use of mother tongueproficiency in minority languages in close cooperation with the instruction in other subjectsin order to improve the students’ learning in all subjects andother interventions aiming at increasing the linguistic and academic proficiency of students -particularly minority students – that do not include elements of instruction in minoritylanguages.167. As part of the programme, the results of different interventions on the academic proficiencyand well-being of students will be monitored and compared in order to establish the effect ofdifferent approaches to improving the academic outcomes and well-being of minoritystudents. Approximately 3.500 pupils from 210 schools will participate in the programme.168. The Ministry of Children and Education has recently completed the development of nationaltests in Danish as a second language. The purpose of the tests is to map the competences andpotential of bilingual children in relation to developing their proficiency in Danish in order toaid the teachers in supporting the language development of the child in the instruction in allsubjects. The tests are IT-based and adapt to the level of proficiency of the individual pupil.169. Danish legislation in many cases obliges public authorities and institutions to make use ofinterpreters when communicating with persons with limited proficiency in Danish. The32
Ministry of Children and Education provides information on appropriate use of interpretersthrough official guidelines and the task force for teaching bilingual children. It is the policy ofthe Ministry of Children and Education that children should never be used as interpreters.Teacher training170. In 2012, a political agreement was reached concerning a reform of teacher training. Thereform will ensure that teachers in all subjects will be better prepared to meet the needs ofbilingual pupils. Teaching bilingual pupils, including knowledge of teaching Danish as asecond language, thus becomes one of four topics in the mandatory pedagogical subject with aseparate learning goal forming part of the exam. Teaching bilingual children will also be across-cutting theme in the other subjects. In addition, teacher training institutions will havethe possibility of offering the students to acquire specialist competences in Danish as a secondlanguage.The Retention Caravan171. The Retention Caravan focuses on the transition between primary and lower secondary schooland vocational education as well as the challenges faced by guidance centres, vocationalschools and production schools in order to raise quality and improve retention rates. Theoverall goal is to prevent ethnic minority students from dropping out by ensuring equalopportunities in education for all young adults.172. Current evaluations show good results in terms of lower drop-out rates in the participatingschools. The evaluations emphasize that the positive results in particular rely on the threefollowing approaches to retention:Making an effort to continuously focusing on improving effective teaching practices with aspecial focus on resource-oriented motivational pedagogy and language as a substantial pathto learning.Making an effort to establish transparent practices for cross-boundary collaborationbetween school, parents, counsellors, the municipality and the local enterprises.Implementation of field consultants to stimulate the overall focus on inclusion and schooldevelopment through a practice-oriented dialogue on strategic educational leadership andsystematic training of professionals.173. Inspired by the results of the Retention Caravan, DKK 43 million has been allocated tocontinue a taskforce based on the above consultative model with an overall focus onvocational schools. This is to be partnered with an evidence-based research. The goal is toprevent students from dropping out by focusing on young adults from homes with limited orno educational background and youth with minority background, including boys withminority background from homes with limited or no educational background by continuouslyfocusing on teacher training and enhancement of the educational leadership.Youth package 2, 2009174. With the Government’s youth programme, the so called “Youth Package 2” from 2009,efforts were strengthened to ensure that more young people remain in employment andemployment training and ultimately contribute to a better educated workforce. Youth Package2's initiative focuses on three areas: Primary school, transition and secondary education.33
175. A recent evaluation of Youth Package 2 concludes that the package’s initiatives havesignificantly reduced the number of young people who are neither enrolled in education,employment nor other activityArticle 5 (e) (vi)The right to equal participation in cultural activities176. The legislation and institutional infrastructure in the field of culture and the general objectivesof Danish cultural policy are based on the principle of freedom of expression aimed atoffering and encouraging everyone living in or visiting Denmark to take an active part incultural life in its broadest sense.177. Different policy measures have been taken to secure equal access to and participation incultural activities for everyone living in Denmark.178. The general measures are: decentralization, free entrance or discounts on tickets, informationtechnologies and digitizing, copyright and collective licenses and audience development. Thepublic funding system has secured that Denmark is geographically covered with a broadvariety of cultural institutions such as museums, theatres, orchestras, venues, libraries, musicschools for children and young people, facilitating access to culture for everybody.The cultural policy measures apply to everyone living in Denmark irrespective of ethnic,religious, linguistic or other background179. Besides these general measures, a number of initiatives focused on special groups and theiraccess to and participation in cultural activities have also been taken, mainly: children andyouth, the German minority and artists with immigrant or intercultural background. Theinitiatives regarding artists with immigrant or intercultural background have been taken byThe National Arts Council to ensure that artists and art projects of immigrant backgroundsreceive a special introduction to the possibilities of obtaining public grants for art and culturein Denmark.180. In the National Arts Councils action plan 2011-2015 it has been outlined how the council willwork with cultural diversity. Among other things, it is stated that ”Cultural and artisticdiversity is a collective name for a large number of good intentions which are important to thework of the National Arts Council: Cultural sustainability, freedom of expression and mutualrespect, equal opportunities for all, irrespective of their sex, racial or ethnic origin, religion orbelief, or social background”.181. The National Arts Council will focus on identifying and crossing social and cultural barriersexperienced by the applicants, e.g. by expanding and developing the mentor mentoringscheme set up by the former art council on a trial basis. The Arts Council and its committeesintend to discuss and specify their criteria for ensuring diversity and encourage applicants tochallenge the aesthetic criteria of the Council with projects heading in new directions.
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182. The mentoring scheme was created as part of the intercultural project of the Council in 2007-2011. The objective of the scheme has been to make visible a group of artists in Danishcultural life, who have not been able to gain a foothold on the Danish art scene for differentreasons. The basis is a classical mentoring scheme where the aim is to realise and develop thementee’s abilities and skills. The mentor puts his/her experience, knowledge and insight at thedisposal of the mentee and can thus be a resource, who helps the mentee in gaining a strongerfoothold, gives professional response and not least shares his/her experience, network andcontacts. Between 20 and 25 mentor agreements have until now been set up between anintercultural artist and an established artist. Within the framework of the mentoring schemethere have also been information meetings for intercultural artists and seminars for art andcultural institutions. The objective is to meet the need for information and markinterculturalism as an important catalyst for the development of Danish art life.183. Besides the initiative of the National Arts Council, work is ongoing in the associations ofgeneral education, sports associations, at libraries and many other cultural institutions toensure – in a determined and targeted way –that there are platforms forinterculturalmeetings between the different cultures that exist at all levels of Danish society.Article 5 (f)The right of access to any place or service184. With regard to the Act on Prohibition against Discrimination on the basis of Race etc.,reference is made to the information provided under article 4 of the present report.Article 6Effective protection and remedies185. Reference is made to the remarks in the preset report under article 4.Establishment of a mediation and complaints-handling institution for responsible businessconduct186. In November 2012, the mediation and complaints-handling institution for responsiblebusiness conduct was established by law. The institution will handle cases involving potentialbreaches of international CSR guidelines, including human rights violations, by Danishprivate or public companies, Danish authorities, Danish private or public organizations andtheir business associates. The institution is an independent body within the publicadministration. With the establishment of this institution Denmark has in accordance with itsinternational obligations provided a national contact point that can deal withbreaches on the OECD Guidelines for Multinational Enterprises.187. Any person may bring a complaint before the mediation and complaints-handling institutionon their own behalf, or that of a third party. In cases involving breaches of international CSRguidelines the institution can initiate dialogue between the involved parties for them to find a
35
suitable solution. If the parties are unable to find a satisfactory solution to the breach, theinstitution can offer to mediate. The institution has a mandate to initiate its own investigationsif it deems it necessary.188. Furthermore, the institution will assist Danish companies in their endeavor to comply withinternational CSR guidelines by providing interpretations and guidance.The Board of Equal Treatment189. The Board of Equal Treatment which was established on 1 January 2009, considers caseswithin all fields of discrimination in the Danish anti-discrimination legislation. Reference ismade to the nineteenth periodic report, paragraphs 167-172.190. The Board makes a considerable effort to raise awareness about anti-discrimination ingeneral. It should be noted that the secretariat of the Board of Equal Treatment regularly holdsdialogue sessions with organizations and other stakeholders that have special interest in andknowledge of equality issues. The purpose of these meetings is to obtain knowledge abouthow the board can best communicate with the citizens who may have an issue of equaltreatment to discuss. Also, the secretariat carries out educational presentations fororganisations and trade unions.191. In the period 2009 – 2012, the Board of Equal Treatment has considered a total of 109 casesconcerning discrimination on ground of race or ethnic origin (2009: 22; 2010: 26; 2011: 43;2012:18.). The Board decided in favour of the complainant in 9 out of the 109 cases in thisperiod.192. Regarding the recommendation in paragraph 18 of the concluding observations, reference ismade to the information submitted by the Government on 24 August 2011(CERD/C/DNK/CO/18-19/Add.1, paragraphs 14-15).Article 7Combating prejudices which lead to racial discriminationSocial studies education193. Combating prejudices and promoting tolerance are central aims of compulsory education forprimary and lower secondary pupils. Social studies education seeks to help the pupilsunderstand that they, as well as others, are part of society and encourage qualified andcommitted democratic participation. One of three main areas in the subject is “social andcultural issues”. One of the key elements of this area is to enable pupils to reflect on thesignificance of their own and other people’s stereotypical perceptions of different groups andassess the importance of social and cultural differences for global co-existence.194. An international comparative survey carried out by the International Civic and CitizenshipEducation Study (ICCS) in 2009 shows that 8th grade pupils from Denmark together withFinnish pupils have the best understanding of participatory democracy and citizenship for
36
example in understanding intercultural issues and identifying problems and propose solutionsto conflicts.195. The Ministry of Children and Education is planning to publish a curriculum documentcontaining guidelines concerning the cross-cutting international dimension of education,including tolerance, citizenship, human rights and other elements related to reducing racismand stereotyping and to promoting empathy and conflict resolution.Ethnic recruitment strategy within the public administration196. In the public administration there is a particular focus on ensuring that employment in thestate is attractive for persons with diverse backgrounds. Since 2005, it has been a target that 4per cent (as a minimum) of the workforce within the public administration must have anotherethnic background than Danish.197. The Agency for the Modernisation of Public Administration (Moderniseringsstyrelsen) hasbeen monitoring recruitment of persons with another ethnic background than Danish in thestate. From 2005 to 2012, the percentage of employed immigrants and their decedents fromnon-Western countries increased from 2,0 per cent to 3,2 per cent of the total number ofemployees within the State administration. The percentage of newly employed immigrantsand their decedents from non-Western countries in 2012 was approximately 6 per cent.Recruitment of ethnic minorities for the police198. Since Denmark’s nineteenth periodic report, the Danish police force has continued to workactively with recruitment of persons with ethnic backgrounds other than Danish. The latestinitiatives include issuing a leaflet (“Police job – a future for your children?”) in eightdifferent languages in order to increase recruitment from minority groups. The leaflet targetedthe parental generation in an attempt to remove some of the cultural barriers to becoming apolice officer.199. In paragraph 11 of its concluding observations concerning Denmark’s , the Committee urgedthe Government to adopt specific measures to establish the main reasons why applicants fromethnic backgrounds other than Danish fail the police recruitment test and drop out of policecolleges.200. Students who drop out of the National Police College are all interviewed regardless of theirethnicity. The number of students from ethnic backgrounds other than Danish is so limitedthat it has not been possible to determine a clear trend nor reason for the drop out. The topicwill continuously be followed closely.Number of applicants2009 2010 2011 2012*TotalEstimated non-Western background2479 1633 1038 952164897459
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Non-Western background %2012* to 30.10.2012
6,6
5,5
7,1
6,2
Newly employed2009 2010 2011 2012TotalEstimated non-Western backgroundNon-Western background %400205,0556193,49522,119252,6
Drop out of the National Police CollegeEmployed yearDropped-out total2009 2010 2011 201210932
201. The National Commissioner’s Office has recently participated in a research study conductedby the Danish Institute of Human Rights which focused, inter alia, on possible reasons whyapplicants from ethnic backgrounds other than Danish have a relatively higher failure ratethan ethnic Danes in the police recruitment tests. The National Commissioner’s Office willtake these findings into account in the adjustment of the police recruitment test in 2013.Recruitment of ethnic minorities among prison officers202. As described in paragraphs 203-205 of the seventeenth periodic report and in paragraphs 201-203 of the nineteenth periodic report, the Government has been offering preparatory schoolcourses to persons of other ethnic backgrounds who want to train as prison officers. Since thenineteenth periodic report this scheme has been discontinued as it was no longer needed inorder to attract sufficiently qualified applicants with other ethnic backgrounds.Recruitment of ethnic minorities for the military203. Albeit not aimed specifically at racial discrimination, the Ministry of Defence issued aDiversity Policy in April 2011. The policy aims at increasing diversity with regard to genderand ethnic minorities within the remit of the Ministry of Defence. The policy sets out 14initiatives aimed at in-creasing diversity, including, inter alia, increased awareness ofdiversity on management levels, the drawing up of action plans at institutional level,strengthened cooperation with district councils on recruitment of ethnic minorities, and theuse of especially appointed ambassadors from within the system to increase recruitment ofethnic minorities and women. The policy will be evaluated at the end of 2014.
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Recruitment of ethnic minorities for the judiciary204.The Court Administration (Domstolsstyrelsen) is in its own recruitment as well as in itsinstructions of the courts aware of The Agency for the Modernisation of PublicAdministration’s general instructions and guidelines regarding initiatives intended to improvethe recruitment of ethnic minorities in the state administration. Furthermore, the CourtAdministration pays close attention so as to ensure, that the heads of administration of theDanish courts pay attention to employing persons of other ethnic origins.
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Annex A: Reporting on GreenlandPart I1.Reference is made to the combined eighteenth and nineteenth periodic report(CERD/C/DNK/18-19), annex 1, “Reporting on GreenlandPart IIArticle 12.Reference is made to the nineteenth periodic report, paragraphs 6 - 21. The proposed newself-government has been established as of 21 June 2009 according to act no. 473 of 12 June2009 on Greenland Self-Government.In paragraph 20 of its concluding observation concerning Denmark’s seventeenth periodicreport, and in paragraph 17 of its concluding observations to Denmark's nineteenth periodreport, the Committee recommends that the State party pay particular attention to the way inwhich indigenous peoples identify themselves,. Both the Danish Government and theGreenland Self-Government refer to the declaration made by the Danish Government,acceded to by the Greenland Home Rule Government, in line with the Danish ratification ofthe ILO Convention no. 169 on Rights of Indigenous and Tribal Peoples. According to thisdeclaration, section 1, Denmark has only one indigenous people in the sense of theconvention, namely the indigenous population in Greenland (the Inuit). Moreover, the DanishSupreme Court has consistent with the said declaration ruled that the Thule Tribe does notconstitute a tribal people or a distinct indigenous people within or co-existing with theGreenlandic people as a whole (Supreme Court decision of 28 November 2003 case no.489/1999 and 490/1999 -the Thule Tribe (the Uummannaq settlement) vs. the prime ministerof Denmark,cf. ILO Convention no. 169 on Rights of Indigenous and Tribal Peoples, art. 1,section 1, paragraph (a) and (b).By 1 January 2013 the total population in Greenland amounted to 56,370; 89 per cent born inGreenland and 11 per cent – mostly Danes – born outside Greenland.Article 25.Discrimination on the basis of race etc. is punishable according to section 100 of theGreenland Criminal Code (Act no. 306 of 30 April 2008) which entered into force on 1January 2010.On 3 December 2012, the Parliament of Greenland passed Parliament Act no. 23 concerningthe establishment of Greenland’s Human Rights Council. The Council constituted itself on 4March. The Council shall among other things promote the knowledge and capacity buildingconcerning human rights (e.g. the principles concerning non-discrimination based on race) incooperation with the Danish Institute for Human Rights – Denmark’s National Human RightsInstitution.
3.
4.
6.
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Article 37.The Danish Act no. 289 of 9 June 1971 on Prohibition against Discrimination on the Basis ofRace applies to Greenland according to Royal Order no. 27 of 4 February 1972. No casesconcerning violation of the act in the period 2009 – 2012 have been recorded.The principles in the guidelines issued by the Director of Public Prosecution in Instruction no.2/2011 as described in the present report under article 4, are followed by the Chief Constableof Greenland. No cases have been recorded in the period 2009 – 2012.Article 59.10.The citizen’s rights according to the Danish Constitution apply to Greenland.According to section 20 of the Act on Self-Government, Greenlandic is Greenland’s officiallanguage. The Greenland Parliament has passed Greenland Parliament Act no. 7 of 19 May2010 on language policy. The act aims at establishing a clear framework for the languagepolicy of the country, among other things a framework for integration as regards language.In paragraph 17 of its concluding observations, the Committee urged the Government to takemeasures to address the problems faced by the “legally fatherless children” who, by virtue ofhaving been born out of wedlock to Danish men in Greenland in the 1950s and 1960s, arenegatively affected by various laws including the laws governing family life, land ownershipand inheritance.On 15 November 2012, the Danish Ministry of Social Affairs and Integration initiated aconsultation procedure on a draft act aiming at remedying the legal situation for children bornout of wedlock in Greenland before 1963 by making it possible for the individuals concernedto have the courts establish paternity to them. In general, such paternity shall have the samelegal consequences as paternity established to children born out of wedlock after 1963.Following the election to the Greenland Parliament in March 2013, the Danish Ministry ofSocial Affairs and Integration has asked the new Government of Greenland for its approval ofthe draft act with the intention to introduce the draft act so that it will enter into force by 1January 2014.Article 713.The Greenland Parliament Act no. 8 of 21 May 2002 on primary and lower secondaryeducation is based on a policy of integration between Greenlandic-speaking and Danish-speaking pupils. The principle of non-discrimination on the basis of race etc. is a part of thecurriculum.The Government of Greenland and the Danish National Human Rights Institute have withinthe last couple of years launched information activities (seminars, distribution of informationmaterial etc.) concerning human rights, among these the principles concerning non-discrimination as regards race.
8.
11.
12.
14.
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Annex B: Reporting on the Faroe Islands
Part I1.Reference is made to paragraphs 366-383 in Denmark’s fourteenth periodic report(CERD/C/362/Add.1) concerning the Faroe Islands.The Government of the Faroe Islands has sought an open and transparent process, involvinggovernment agencies, civil society and other stakeholders in the preparation of the presentreport.Part IIArticle 13.In 2013, the total population of the Faroe Islands was 48,197.1The national statistics do notdistinguish between Danish citizens (i.e. Danes, Faroese and Greenlandic) and of the totalpopulation on the Faroe Islands 47,098 persons were registered as Danish citizens (97,4 percent). In addition, 324 were from other Nordic countries (Iceland, Norway, Finland andSweden), 434 came from other European countries, 246 came from countries in Asia, 72 camefrom the Americas, 91 came from African countries, and 8 were citizens of Pacific Islands.In 2005 the Danish and the Faroese Governments agreed to modernize the legislationconcerning Faroese Home Rule. For a further description, reference is made to the fifthperiodic report of Denmark under the International Covenant on Civil and Political Rights(CCPR/C/DNK/5).Article 25.Discrimination on the grounds of race etc. is punishable according to section 266 B of theFaroese Criminal Code which is similar to the same section in the Danish Criminal Code.Reference is made to paragraphs 377-378 in the fourteenth periodic report.In 2011, the Faroese Government adopted an action plan against domestic violence. Theaction plan lists eighteen specific initiatives aimed at preventing and combating domesticviolence. The Faroese Government has budgeted for implementation of the action plan. A fulltime project coordinator has started implementing the action plan, which will be phased inover the next five years starting from 2012.One aspect of the action plan includes initiatives aimed at foreign women living in the FaroeIslands. These women are considered to be a particular vulnerable group, because of their lackof social network and knowledge about the Faroese society.The Crisis Centre in Tórshavn has noted that there are a relatively high number of foreignwomen who seek their assistance. According to the plan, information material shall be madeto foreign women who are moving to the Faroes about their rights and responsibilities
2.
4.
6.
7.
8.
1
Source: Statistics Faroe Islands. April 2013.
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according to Faroese law with emphasis on where they can turn to in case of domesticviolence. Therefore, information for foreign women in various languages concerning theirbasic rights in Faroese society will be provided. Furthermore, should foreign women seekassistance from the Crisis Centre, there are funds to pay for interpreters. The action plan alsoincludes funds to pay for psychological help as well as food and other supplies for all womenwho seek help at the centre. The major portion of the activities of the Crisis Centre is fundedby the Government.9.In 2011, a working group appointed by the Minister of the Interior published a report aboutintegration of foreigners in the Faroe Islands. The objective of the report is to find the bestway to integrate foreigners who obtain a residence- or work permit, so that they are able tobecome part of Faroese society as fast as possible on equal terms with native Faroese. Toachieve this goal, it is important to offer language education as quick as possible and to offersome intensive education about the Faroese society, history and culture.Article 310.The Danish Act No. 289 of 9 June 1971 on Prohibition against discrimination on the Basis ofRace applies also to the Faroe Islands according to Royal Order No. 382 of 12 august 1972.Article 411.The principles in the guidelines issued by the Director of Public Prosecutions in InstructionNo. 2/2011 as described under article 4 above are followed by the Chief Constable of theFaroes. Thus cases concerning violation of Section 266 B of the Faroese Criminal Code,which are similar to that in the Danish Criminal Code and violation of the Act on theProhibition of Discrimination based on Race will be submitted to the Director of PublicProsecutions. No cases have been recorded in the period 2009 - 2012.Article 712.In the curriculum for the public primary, lover-secondary and upper-secondary school it isseen as a fundamental part in all aspects of the education system that the pupils learn to beable to respect every human being regardless of age, sex, ethnicity, religion etc. The pupilslearn to respect and understand the obligations and rights upon which democracy is built. Thepupils also learn to respect that there are other cultures and societies which are built upondifferent values than those of the pupils and they have to learn to respect and understandviews and needs of others different from themselves. These objectives for the pupils arewritten in each individual curriculum which implies that these issues also will be includedwhen evaluating the proficiency of each pupil.
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Annex C: Ethnic composition of the prison population
Table 3.13. Occupancy in state and local prisons and halfway houses, by nationality. 13December 2011
CountryAfghanistanAlbaniaAlgeriaBosnia-HercegovinaBulgariaChileDenmarkYugoslavia (former)FranceThe GambiaGuinea-BissauThe NetherlandsIraqIranLebanonLithuaniaMoroccoMontenegroNigeria
Persons2671523683,0623399624473115562179
%0.60.20.40.60.10.275.90.80.20.20.10.61.20.80.41.40.50.20.2
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NorwayPakistanPolandRomaniaRussiaSenegalSerbiaSomaliaSri LankaStatelessStateless PalestiniansThe United KingdomSwedenTunisiaTurkeyGermanyUnknownVietnamOther countriesTotal
11245210361425737311513209568871374,033
0.30.61.32.60.10.30.61.80.20.80.40.30.50.21.40.20.20.23.4100.0
Note: ‘Other countries’ are countries from which fewer than 6 persons are inmates of a Danishinstitution.
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Table 3.20. Ethnic affiliation of inmates and clients
Closed state prisonsOpen state prisonsLocal prisonsCopenhagen PrisonsHalfway housesProbation Service (clientsunder supervision)29 November 20112 November 201010 November 20094 November 20086 November 20077 November 20064 November 20054 May 2004
Immigrants Descendants%%19.27.613.95.714.03.220.611.511.74.314.114.714.514.514.614.313.212.912.35.25.54.85.03.93.53.23.13.3
Danish Foreignerorigins%%62.510.779.31.160.722.238.429.484.0-80.675.977.477.278.380.080.982.282.60.24.03.23.43.12.22.61.81.8
TotalTotal% Persons1008961001,5001001,1421005571001621001001001001001001001001009,39113,64813,27312,29311,57211,18412,57312,90612,148
Note: Immigrants were born abroad. Neither parent is a Danish national born in Denmark.Where no data is available on either parent and the person was born abroad, the person is considered to be animmigrant.Descendants were born in Denmark. Neither parent is a Danish national born in Denmark. Where no data is available oneither parent and the person is a foreign national, the person is considered to be a descendant.When one parent or both parents born in Denmark are awarded Danish nationality, their children will no longer beclassified as descendants. However, if parents born in Denmark maintain their foreign nationality, their children will beclassified as descendants.Regardless of their place of birth, persons of Danish origin are persons with at least one parent who is a Danish nationalborn in Denmark.Foreigners are persons who have no civil registration number or ties with Denmark, meaning persons who were notresidents of the country at their apprehension. They may be tourists, asylum-seekers or persons staying illegally inDenmark who have been charged with or convicted of Criminal Code violations.
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Table 3.21. Ethnic affiliation and age distribution of inmates and clients. Calculated on aparticular date in 2010 and 2011
2 November 2010ImmigrantsDescendantsDanishorigin
29 November 2011Total ImmigrantsDescendantsDanishoriginTotal
14-1920-2425-2930-3435-3940-4445-4950-5455-5960+Total (%)Total (persons)
%82117131011105221001,931
%%%339103419201514141113136121211110099055033043100100100640 10,278 12,849
%62117131110106221002001
%%%2889372021171414111212512121111001010-65043043100100100745 10,357 13,103
Note: Foreigners are not included, and therefore the total figures deviate from those of Table 3.20.
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Table 3.22. Ethnic affiliation of inmates and clients, by country of origin. Calculated on 29November 2011Immi- Descen- Danishgrantsdants origin-- 10,35718230-495-355-176-175-121-9--34-6--5--5--5--5--144-495282-157217-10954-1061-195-17--17--15--123-7--61-61-5--5--14--416107-2285-3672-174-155-15--85-73-82-81-53-8--62-7--5--48Total10,357212544023221397655551877737416310724171715157775514523233108212015131010988875
Country of originDenmarkEU Member StatesOf that number, from Poland-Germany-The United Kingdom-Sweden-Romania-Lithuania-Finland-Latvia-France-Italy-The Netherlands-Spain-Other EU Member StatesOther European countriesOf that number, from Turkey-Yugoslavia (former)-Bosnia-Hercegovina-Norway-Iceland-Russia-Yugoslavia (former)-Macedonia (FYROM)-Armenia-Soviet Union (former)-Ukraine-Kosovo-Serbia and Montenegro-European countries other than the aboveAfricaOf that number, from Somalia-Morocco-Uganda-Tunisia-The Gambia-Egypt-Ethiopia-Tanzania-Sudan-Algeria-Burundi-Nigeria-Ghana-Kenya
-Sierra Leone-Other AfricaSouth and Central AmericaOf that number, from Brazil-Cuba-Other South and Central AmericaAsiaOf that number, from Lebanon-Iraq-Iran-Pakistan-Afghanistan-Vietnam-Sri Lanka-Syria-Jordan-Kuwait-India-Thailand-The Philippines-Israel-Middle East, country not disclosed-China-Other AsiaOceaniaForeign country, country not disclosedStatelessTotal71884219919313763753928241314914665512-852001
5384710113161401418813310131845-312-1132745
-54-
---------------------------10,357
54351108191,1583392071551447842383731181414977513111713,103
Note: Foreigners are not included, and therefore the total figures deviate from those of Table 3.20.Note: ‘Other’ are countries from which fewer than 5 persons are inmates or clients.
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Annex D: Denmark’s national Roma Inclusion Strategy
Ministry for Social Affairs and IntegrationCopenhagen, December 2011Presentation to the European Commission of Denmark’s National Roma2Inclusion StrategyPurposeThe purpose of this presentation is to inform the European Commission of the Danish approach toRoma inclusion.On 5 April 2011, the Commission adopted its communication an EU Framework for National RomaIntegration Strategies up to 2020 and hereby encouraging the Member States to develop or revisenational strategies for Roma inclusion. The Commission called for a priority of the four areas ofeducation, employment, healthcare and housing.On 19 May 2011, the EPSCO Council adopted a set of Conclusions on the Commission’sCommunication. The member States expressed their commitment to the EU Framework for Romainclusion and agreed, by the end of 2011, to work out national strategies for Roma inclusion bydeveloping new strategies or by updating or revising existing integrated sets of policy measures.It was stressed that the Member States’ national approaches should be in proportion to the size andspecific situation of their respective Roma populations.Against this background, the Danish approach to Roma inclusion is presented below.1) Description of the current situation for Roma in DenmarkThe Respect for human dignity, freedom, democracy, equality, the rule of law and respect forhuman rights, including the rights of persons belonging to minorities are core values in Denmark, asthey are in the European Union as a whole.Furthermore, the Danish welfare system is founded on principles of universal and equal access tohealth, education, housing, employment, and social services for all persons legally residing inDenmark irrespective of their ethnic background.These principles are the foundation of Denmark’s strategy for Roma Inclusion.Roma population in Denmark2
The term ”Roma” is used in line with the definition contained in the Commission’s Communication(8727/11, footnote 1).
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Statistical data on Roma in Denmark is not available, as the ethnic origin of persons is notregistered in Denmark.For instance The National Danish Civil Registration System (CRS) only contains basic,fundamental personal data i.e. name, address, marital status, nationality etc. about every person,who is legally residing in Denmark. The data content of the CRS does not include ethnicity. Thereare no future plans to include data concerning ethnicity in the CRS, since the registration ofethnicity is not considered in accordance with the purpose of the CRS.The Council of Europe estimates that persons of Roma background number 1,500 to 10,000 personsin Denmark. One source (The NGO Danish Refugee Council) estimates that 2,000 Roma are livingin Denmark. The proportion of Roma in Denmark is less than 0.1 percent of the total populationaccording to the Commission’s Communication on Roma Inclusion.Most of the persons with Roma background in Denmark arrived in the 1960s and 1970s as migrantworkers. As a result of the war in the Balkans in the 1990s, Denmark also received approximately21,000 refugees from Ex-Yugoslavia, of which an unknown number have a Roma background.Denmark occasionally experiences seasonal influx of a small number of Roma with temporarilystay in the country from other EU Member States, but generally the number of persons with a Romabackground in Denmark is estimated to have been relatively constant for the last ten years.In Denmark, the Roma do not have status of a national minority. The main reason is the lack ofcontinuous historical presence in Denmark of persons with a Roma background. Only temporaryhabitation can be evidenced in the historical records. Until the 1950s the Danish immigrationlegislation prohibited the Roma from settling in Denmark.According to the Danish Roma website resource ”www.romnet.dk”, Roma in Denmark areconcentrated in Elsinore (Helsingør) and Copenhagen, but small groups of Roma also reside inother towns across Denmark.Since the 1960s, the municipality of Elsinore, North of Copenhagen, has accommodated a relativelylarge group of citizens with Roma background. The group is mostly identified based on municipalemployees’ professional knowledge of them. The Elsinore Municipality estimates thatapproximately 1,000 people with Roma background reside in the municipality. These persons havetaken up permanent residence in Elsinore and have to a large extent been naturalised.The Danish Government does recognise that the availability of more precise data on Roma (andother ethnic groups in Denmark) would possibly make it easier to target interventions aimed atimproving the situation for particular ethnic groups and to evaluate the success rate of theinterventions. But, on a balance, and given the fact that the Roma community in Denmark isconsidered to be relatively small and concentrated in a few locations, Denmark continues to holdthat ethnic data should not be registered centrally. International law does not prohibit that ethnicdata can be registered with the explicit consent of the persons involved. This means that ethnic data
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can be registered as a part of project-based activities at the local level allowing for appropriateexplicit but not exclusive targeting of Roma issues3.Social situation of Roma in DenmarkThe Roma in Denmark come from different backgrounds, where many are fully integrated, butothers, including some who have experienced the traumas of war in Ex-Yugoslavia and arrivedmost recently, are experiencing more difficulties with achieving an education and entering thelabour market. There is a number of Roma in Denmark who receives income subsidies or hasunsteady menial jobs such as cleaning.Migrant workers from Eastern Europe are frequently working in the green sector (agriculture andgardening) and the construction sector. There might be Roma within these groups.The Roma live in different ways in Denmark. Some live several generations under one roof, butmany also live alone or in nuclear families. Traditionally, people with a Roma background marryearly, but in Denmark many have abandoned this tradition, perhaps because of the adverse effectson especially the girls’ possibilities for getting an education4.The municipality of Elsinore has identified a variety of social problems in the Roma group residingin the municipality, although no statistical data is available. For instance, the municipality assessesthat Roma adults typically have lower education levels than the municipality’s other citizens.Another example is the Roma children’s comparatively higher absence from school, worse dentalhealth and absence from school facilitated dental care. Furthermore, the municipality notes that thegroup has a weak connection to the municipalities’ elderly care, and information on the group in theareas of psychiatry and disability is deficient.Over the years, the municipality has attempted to address these issues from various approaches,some of which through exclusive targeting of interventions towards the Roma group (i.e. specificRoma classes in primary school and a Roma office in the Job Centre). These types of exclusiveinterventions have since been abandoned, because - despite the intention to help the Roma towardsbetter inclusion – the schemes were deemed to contribute to further stigmatisation and lower levelsof inclusion.A Council of Europe Report from 2010 describes the situation for Roma in Denmark in thefollowing way: “In Denmark, the practice of Roma-only classes in the city of Elsinore (where thereis the biggest Roma community in the country – approximately 200 Roma families) was consideredin 2004 unlawful under the Act for Public Schools. Although these classes have been closed downsince 2005, NGO representatives report that in reality the segregation remains. In Elsinore, localauthorities have decided to reduce financial allowances in cases where the children do not attend3
Explicit but not exclusive targeting is one of the “The 10 Common Basic Principles on Roma Inclusion”endorsed by the Council of Ministers in charge of Social Affairs on 8 June 2009According to www.romnet.dk.
4
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school. Following a decision of the city council, finding this practice unlawful, the law wasamended to legalise the practice provided certain very narrow criteria are fulfilled. The teachersnow receive training to be able to teach Danish as a second language. With the help of “morning-ladies” (consultants from the city council whose responsibility it is to pick up at home the childrenwho do not appear at school), the local authorities hope to improve school attendance of Romachildren. The local authorities have indicated to the rapporteur that there are so far no initiatives topreserve the Romani language”5.The report goes on to quote ECRI regarding employment opportunities for Roma in Denmark:“ECRI noted widespread discrimination against Roma in Denmark in the employment sector,finding that many of them were relegated to menial jobs. In Elsinore, two social workers had beenassigned by the labour market department to work specifically with Roma. Roma were alwaysdirected to them, notwithstanding the purpose of their enquiry. This measure – ostensibly aimed atproviding better responses to the needs of the Roma – was not optional: it was compulsory forRoma to address themselves only to those two persons. This measure was therefore considered asdiscriminatory.”As mentioned above, the concerns regarding discrimination through exclusive targeting have beenaddressed, as the municipality has moved away from exclusive targeting of Roma in its educationaland social services delivery.Human Trafficking in RomaThe Danish Centre against Human Trafficking does not collect data on victims of human traffickingbased on ethnicity, but only on nationality. But based on measuring in the period 2007-2010, theDanish Centre against Human Trafficking estimates that half of the prostitutes in the streets ofCopenhagen from Romania are Roma. Prostitutes with a Roma background are also present atmassage parlors outside Copenhagen. 19 women from Romania, Slovakia and the Czech Republicare identified as victims of trafficking. The Danish Centre against human trafficking is aware, thatsome of these women are Roma. In 10 cases with minors from Romania, Bulgaria and Slovakiawith a Roma background, social workers found varying degrees of indicators of human trafficking.2) National goalsThe Roma population in Denmark is estimated to constitute less than 0.1 per cent of the totalpopulation, and therefore the Danish Government considers it relevant to pursue Roma inclusionthrough the set of integrated policy measures that characterise the Danish welfare society. Goals foractive inclusion, education level, employment rate and health in Denmark apply to Roma as well asto other groups with a minority ethnic background in Denmark.
Report on The situation of Roma in Europe and relevant activities of the Council of Europe, Doc. 12174, 26February 2010, Rapporteur: Mr József BERÉNYI, Slovak Republic, Group of the European People’s Party
5
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The Danish Government holds that equal opportunities are fundamental for the Danish society. TheDanish integration policy is based on the idea that everyone residing legally in Denmark shouldenjoy equal rights and fundamental freedoms without any discrimination within the areasconcerning education, employment, housing and healthcare.The Danish Integration Act specifically states that the goal of the law is to ensure support toimmigrants in being fully able to make use of their talents and resources in order to becomeparticipating and economically independent citizens on an equal footing with other citizens inDanish society.The responsibility for services design and delivery lies at the municipal level. Past experiences haveshown some difficulties in designing appropriate responses that explicitly, but not exclusively targetRoma issues. The Danish Government will therefore set as a goal to contribute to sharing lessonslearned from other EU member states and inform all municipalities of the 10 Common BasicPrinciples on Roma Inclusion and of the Commission’s Roma inclusion strategy.3) Action planThe Danish Action Plan for Roma Inclusion has the following three components:•••Fully realising the integration tools available for the benefit of Roma inclusionContinuing and strengthening the efforts towards combating poverty and social exclusion ingeneralDisseminating knowledge on best practices and agreed principles for Roma inclusion to themunicipal level
Fully realising the integration tools available for active inclusionDenmark has an extensive integration policy, which also includes Roma.Under the Integration Act, an integration programme planned by the responsible local authoritymust be offered to newly arrived refugees and newly arrived immigrants reunited with a familymember who are 18 years of age or more and covered by the Integration Act. The expected lengthof the integration programme is three years. The scope and contents of the integration programmefor the individual immigrant are fixed in an integration contract. The integration contract lasts untilthe immigrant obtains a permanent residence permit.The integration contract is to be prepared by the local authority in cooperation with the immigrantor refugee in question within a month from the date when the local authority takes over theintegration responsibility for the person in question. The contract must be elaborated on the basis ofan assessment of the individual’s abilities and background and should aim towards introduction intothe labour market or relevant education.
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The local authority is obliged to offer Danish language courses within a month from taking over theintegration responsibility for the person in question. Adult foreigners have a right of up to threeyears of Danish language education. The language courses are divided into modules with specifictargets.In May 2010, the Parliament adopted an amendment to the Integration Act inter alia implying thefollowing elements:•Widening the target group of the Integration Act and the public integration efforts. From 1August 2010 the Integration Act covers all immigrants with a residence permit as well asnationals of the other Nordic countries and nationals of EU and EEA countries benefitingfrom the rules on free movement of persons in the EU.Establishment of a new basic course in Danish society and Danish culture and historyEstablishment of an introduction course (a lighter version of the introduction programme)aimed at immigrant workers, EU nationals, etc.
••
As part of the integration policy, a number of initiatives have been launched aimed at ensuringinclusion and participation of all people living in Denmark. An example of this is the Awareness-campaign “We need all youngsters” (co-financed by the European Social Fond), which hassupported the establishment of groups of both young and parental role-models from ethnic minoritybackgrounds in order to further the encouragement of young people to start and complete education.Local groups of role-models in several municipalities in Denmark have been established. Thisincludes groups of role-models based in Elsinore and Copenhagen – the two cities where the mainpart of the Roma population in Denmark reside.Furthermore, it is stated in the new Government platform “A Denmark which stands united” fromOctober 2011, that the Government will initiate a comprehensive effort to further the inclusion ofall immigrants into Danish society. This includes a revised strategy to combat discrimination. TheGovernment will carry out awareness-campaigns and support municipalities and private companiesin the effort to combat all forms of discrimination. From 2012 – 2016 a total of 20 million DanishKroner (approximately 2.7 million Euro) has been allocated to provide financial support forinitiatives concerning promotion of active citizenship and combating of discrimination.The Government considers that this approach to integration in general, is the relevant approach alsofor integration of people with a Roma background in Denmark.Continuing and strengthening the efforts towards combating poverty and social exclusion ingeneralIn Denmark, the primary instrument to combat social exclusion is the fully tax-financed welfaresystem. Consequently, the Danish approach already includes a wide range of initiatives andschemes that are regularly adapted and adjusted to minimize the citizens' risk of social exclusion.
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All citizens residing legally in Denmark are entitled to receive social security benefits as well associal, health and educational services, regardless of their different social and ethnic backgrounds. Itis set out below, in section 4) Horizontal Aspects, how the general social inclusion policies ofDenmark contribute to promoting Roma inclusion.In addition to national funding for social inclusion, European funding is available. The EuropeanUnion aims to promote an overall harmonious development by strengthening economic and socialcohesion by reducing development disparities between the regions (Art. 158-162 EC Treaty). In thiscontext, the European Commission has created two financial instruments: the Structural Funds andthe Cohesion Fund. These funds part-finance regional and horizontal operations in the MemberStates via sector specific funds. The 2007-2013 EU Structural Fund Programmes supports increasedgrowth and jobs for all regions and cities of the European Union with the three priority objectives:•••ConvergenceRegional competitiveness and employmentEuropean territorial cooperation
The objectives are supported by cohesion instruments worth € 308 billion. As expenditureeligibility rules are now national rather than Community based, the Member States have markedlylarger room for manoeuvre in implementing operational programmes supporting regional growthagendas and job stimulation.Denmark utilizes this increased autonomy in the Danish Structural Fund Programmes 2007-2013.Herein, the Danish effort aims to meet the EU objectives by supporting the four central areas forgrowth:••••Development of human resourcesUtilization of new technologyEstablishment and development of new enterprises and innovationKnowledge sharing and knowledge building
Any project encompassing these areas for growth can apply for financial support6. Funds have notbeen earmarked for Roma inclusion projects, but projects with this scope could be eligible forsupport.4) Horizontal aspectsIn Denmark, there is no differentiation in the social programmes or in the social services in relationto ethnic background. As the Danish approach is to promote Roma inclusion through the generalinclusion policies, this section highlights how the integrated sets of policy measures can benefit theRoma community in Denmark. The areas highlighted are education, employment, healthcare andhousing in line with the priority areas mentioned in the Commission’s Communication.Source: Programme for the European Social Fund in Denmark 2007–2013, Regional Competitiveness andEmployment “More and Better Jobs”, 27 March 20076
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Education policyAccording to the policy of the Danish Government, the majority of children should be included inordinary school classes. The teaching should be organized in a way that considers the needs andqualifications of the individual pupils. This can be done by different types of graded teaching.Hence the objective of inclusion at the primary level includes pupils with Roma background.The challenges related to the integration of Roma in the education system is managed on the basisof existing initiatives targeted at vulnerable groups, i.e. initiatives targeted at bilingual pupils.Studies show that bilingual pupils are performing comparably worse than ethnic Danish pupils(Source: PISA Ethnic 2009 shows that the qualifications of bilingual pupils are still not as good asthose of ethnic Danish pupils. The difference between immigrant pupils and ethnic Danish pupilsare approximately 70 PISA points in reading.). A special effort is required for the bilingual primaryschool pupils to motivate them for further education in secondary school. Therefore, theGovernment has used several new initiatives to boost the measures targeted at bilingual pupils.Objectives of the public primary and lower secondary schoolThe public primary and lower secondary school (folkeskolen) has a democratic basis. This appearsfrom the objects clause of the public primary school and is emphasized by the wording: ”Theactivities of the school should therefore be characterized by intellectual liberty, equality anddemocracy”. The public primary school teaches pupils to take part in society and take responsibilityfor society through rights and obligations.The wording is reflected in the school subjects. This is especially the case in social studies, whichare compulsory for pupils at the graduating level. This appears from the curriculum of the subject: Itis a central part of the teaching to focus on the citizen in a democratic political system, including therights and obligations of Danish citizens and the significance of the legal rights of the citizen in ademocracy. Thus, the teaching covers the citizens’ various economic, social, cultural andeducational qualifications for being an active citizen.The Elsinore caseElsinore municipality has had special graduating classes for Roma pupils at primary level.However, the classes are now abandoned, and the Roma pupils in Elsinore municipality now attendordinary classes at primary level. This is in line with the Danish Government’s policy.In Elsinore municipality, the main challenges regarding the Roma pupils relate to the graduatingclasses at primary level. These pupils are often absent, despite the fact that the municipality hascarried out a special programme with the aim of getting the pupils to attend classes. For instance,each pupil has an individual action plan.However, the schools still find it difficult to integrate the pupils into the ordinary classes. Whenrelevant, the Roma pupils are offered additional classes 10 hours a week, but very few actually
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attend this form of teaching. The absence of the Roma pupils is reported to the local administrativeauthorities, if it serves the pupil’s needs.However, the Roma pupils in the introductory classes are doing better. Their absence is limited andtheir qualification levels are better. Furthermore, the co-operation between the school and theparents has been improved.Employment policies for allThe Danish employment strategy for Danish citizens and ethnic minorities focus on activeemployment policies with the goal of helping people to obtain a job.The Job Centres use the following measures:•••Job counsellingDifferent types of wage-subsidies where the unemployed is obtaining new qualifications inenterprisesGuidance and upgrading of skills and qualifications (for example Danish lessons for Romaand other non-ethnic Danes)
Apart from these general measures, the Danish Government has initiated a number of targetedinitiatives to help disadvantaged groups, for instance ethnic minorities (including Roma), into thelabour market:A new chance for everyoneA national campaign – “A new chance for everyone” – was launched in 2006 for a period of twoyears with national targets for all 98 municipalities. The campaign encouraged municipalities tooffer enrolment in employment-generating schemes for unemployed having received social benefitsand who have not taken part in employment-generation schemes for more than 12 months. Thegovernment provided approximately 78 million Euro for the campaign.The national unit for Ethnic Employment MeasuresThe national unit for Ethnic Employment Measures supports Job Centres with knowledge abouthow to help ethnic minorities, including Roma, to get a job. The Unit distributes good practicesregarding labour market inclusion of ethnic minorities, including Roma, and helps the Job Centresdevelop tools and methods to enhance labour market integration.200 new job consultantsWith the 2006 political agreement on welfare, the municipalities were assigned 200 new jobconsultants and economic support of 40 million Euro over a period of four years. These jobconsultants work in the 15 municipalities with the highest number of ethnic minorities on social
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benefits. The job consultants help ethnic minorities, including Roma, into the labour market using a“hands on” approach.Community Job CentreMunicipalities with housing estates classified as ghettos receive economic support to establish aCommunity Job Centre within the estates. The aim is to establish a close connection with thedisadvantaged residents, including when relevant Roma, many of whom are unemployed and helpthem take up formal education, improve their qualifications or get a job.Diversity recruitment in the national institutionsIn order to ensure diversity in the recruitment to the national institutions, it is obligatory for theinstitutions to encourage all qualified candidates to apply for vacancies without prejudice to theirgender, age, religious beliefs or ethnic background.Adult vocational trainingThe adult vocational training programme provides short vocational training programmes for lowskilled and skilled workers. The programmes primarily provide skills and competences directedtowards specific sectors and job functions. The programmes are publicly financed and employedparticipants are entitled to receive a grant. The programmes are mainly provided for employedpersons but unemployed can participate if the employment service agrees to pay.Immigrants, including Roma, who reside legally in Denmark and refugees may follow coursesspecifically developed for this group or they may combine and supplement normal adult vocationaltraining programmes with introductory short training courses and work placement or courses inDanish. However, many immigrants and refugees with adequate Danish language skills participatein normal adult training programmes. About 10% of the participants in these programmes areimmigrants or descendants.HealthcareIndividuals with residence in Denmark – defined as those registered with Danish social security –receive full access upon registration to health care services in accordance with the Danish HealthAct. This includes - but is not limited to - hospital treatment, services in the primary health caresector, i.e. treatment by GP’s and specialist practitioners, and municipal health services such ashome nursing and dental care to children and youths under the age of 18.Individuals staying in Denmark without residence have limited rights to hospital treatment.EU/EEA citizens and citizens of Switzerland, who have public/legal health insurance in an-otherEU/EEA country or Switzerland, are in accordance with EU law entitled to public health caredeemed medically necessary during a stay in Denmark on a similar basis as Danish citizens. Theirco-ensured family members have similar rights regardless of their citizenship or nationality.
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Individuals staying in Denmark without residence and without public/legal health insurance inanother EU/EEA country or Switzerland (third party countries) are in accordance with the HealthAct entitled to free emergency hospital care if they are involved in accidents, experience suddenillness or deterioration of chronic illnesses, need to give birth outside of term etc., on the same basisas individuals with residence in Denmark. These provisions also apply to individuals from thirdparty countries that are temporarily staying in Denmark, including those having a Romabackground.When the emergency need has subsided – subject to medical assessment in the individual case – thehospital will however continue treatment if it is deemed unreasonable to refer the patient totreatment in his/her home country under the specific circumstances, or if the patient cannot endurerelocation to a hospital in the home country. Such medical assessments of emergency/non-emergency needs are made everyday at Danish hospitals in many different contexts. The hospitalcharges fees for non-emergency treatment, but may choose to waiver these fees if it is deemedreasonable to do so under the specific circumstances. The region in which the patient is stayingmakes the final decision in this case.The access to healthcare in Denmark is defined not by ethnicity but by a medical assessment of thepatient’s current need for treatment. Assistance to persons with a Roma background is thus deemedto be fully feasible within the current framework for health care provision to individuals withpermanent or temporary residence in Denmark.HousingIn Denmark, all citizens regardless of income or special needs have access to good quality housingin the non-profit social housing sector. People with a Roma background who reside legally inDenmark are able to put themselves on a waiting list for social housing on the same terms as allother residents of Denmark or – if the person in need of housing has any special social needs – to beallocated a social dwelling pursuant to the rules on social housing allocation.There are approx. 575,000 social dwellings in Denmark, which adds up to about 20 per cent of thetotal housing stock. Of these, approx. 500,000 dwellings are family dwellings. The remainder aredwellings for young people or dwellings for elderly or disabled people. The primary target groupfor social housing is people who do not have access to the private housing market, typically due tolow incomes.To prevent the social and ethnic segregation of residents in publicly subsidized housing, socialhousing is available to anyone who has put his or her name on the waiting list. As a general rule, thewaiting list is administered by seniority; however, the local councils of the Danish municipalitieshave the right to nominate tenants for at least 25 per cent of a housing organisation’s availabledwellings for the purpose of solving social problems, and they are thus able to secure access toavailable dwellings for people with special needs.
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The social sector is regulated and subsidized in such a way that rents are generally kept to arelatively low level. Additionally, people with particularly low incomes are eligible to receiveindividual housing benefits. In 2008, around 60 per cent of households in the social housing sectorreceived housing benefits in the form of either “boligydelse” (for old age pensioners or persons onearly retirement) or “boligsikring” (for others, including nearly 51,000 households withchildren).On average, housing benefits cover 50 per cent of the recipient’s rent, equivalent toapprox. 1/3 of the total rent amount in the social sector.As described, Denmark has a large social housing sector, which gives people in search of housingwith any special needs the chance to find a place to live. Furthermore, financial support towardsrent is available.Finally, Danish legislation includes a provision on homelessness, and special-purpose dwellings areestablished for the most socially vulnerable citizens in the country. The right to make use of theseoffers likewise applies to all persons who reside legally in Denmark.General social measures within Danish social policiesAll general social measures are available to all persons residing legally in Denmark.Elderly peopleAccording to The Consolidation act on Social Services, all decisions concerning help to elderlypeople have to be taken as individual and concrete decisions by the municipality. Likewise, thefundamental principles of Danish home care are that it should be offered on the basis of individualneeds and that it is free of charge – except temporary help which has an income dependent usercharge. The goal of the help offered is to allow elderly people to stay in their own homes as long aspossible and to prevent the individual from further loss of physical and mental health. Citizens whohave reached the age of 75 have the right to receive a preventive house call at least once a year,unless they receive both personal and practical help. The aim of the house call service is to create asense of security and well-being and also to give advice and guidance about activities and supportservices (both private and public). Today there are many different types of housing in Denmark: thefamily home, close-care accommodation and public and private nursing homes. As with home careservices, it is the municipalities who determine whether a citizen is eligible to receive help whichcannot be provided for in the private home and consequently should be offered to be referred to atype of dwelling more suitable for their needs.People with disabilitiesMany different services are available for people with disabilities. Disabled people may either beoffered specific services or be compensated for significant additional expenses incurred as aconsequence of their reduced functional capabilities (e.g. homecare, aids and consumer goods, day-care facilities, socio-educational services and permanent or temporary housing). The common aimis to ensure that disabled people achieve full participation in the community and are enabled to
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avoid isolation and social exclusion. The disability policy is based on the principles of equaltreatment, compensation and sector responsibility.Homeless citizensAll homeless citizens lawfully residing in Denmark has the right to temporary accommodation inshelters. The Ministry for Social Affairs and Integration has issued calls for proposals to establishemergency shelters in 2010, 2010/11 and will do so again in 2011/2012. The overall objective is tosecure everyone – regardless of legal residence – a temporary stay in emergency shelters in theperiod November 2011– March 2012. In 2010/2011 some 340 places were established.Social benefitsRoma with legal residence in Denmark or with a Danish citizenship has the same access to socialbenefits as others in the same situation.According to the EU-legislation, people with a citizenship in an EU country have the right toreceive social assistance in Denmark if they have been actively employment to an extent thatimplies that they are legally residing (as employee, self-employed etc.). Additionally, it is aprecondition that they are in situation unable to provide for themselves.Receiving social assistance requires that a person has resided within the area of EU/EEA throughoutthe last 7 out of 8 years. A person has no right to receive social assistance throughout periods wherehe/she stays in the country as a tourist (up to 3 months for EU citizens) or if he/she arrives in thecountry in search of work. When a person receives social assistance he can apply for financialsupport from the municipality to elements like single expenses, health care, medication andaccommodation subsidies. Additionally, legal residents in Denmark are covered by the legislationon earning the right to Danish social pension etc.Gender equalityGender equality between women and men is an overall objective of Danish policy. ConsecutiveDanish governments have continuously worked to review and improve the quality of legislation andother legally binding rules to achieve gender equality between women and men.Gender equality is regarded as a prerequisite for economic growth, democracy and welfare, and alsoas the basis for the full enjoyment of all human rights and fundamental freedoms in political,economic, social, cultural and civil spheres of life.Today, women and men in Denmark share the same formal rights, obligations and opportunities insociety. However, Denmark aims at securing de facto gender equality as well de jure. This is clearlystated in section 1 of the Danish Act on Gender Equality, which states that “The purpose of this Actis to promote gender equality, including equal integration, equal influence and equal opportunitiesin all functions in society on the basis of women's and men's equal status.”
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Human TraffickingPersons of Roma background identified as victims of human trafficking are entitled to the sameoffers and support under the Action Plan to Combat Human Trafficking as every other victim oftrafficking. The Danish Centre against human trafficking does not collect data on victims of humantrafficking based on ethnicity, but only on nationality. Based on its findings, the Danish Centreagainst Human Trafficking recommends a continuous focus and establishment of measures in thisarea.Refused entry and expulsionAn alien may be expelled or refused on the grounds of the individual’s personal conduct, e.g.criminal behaviour or illegal residence. The ethnic origin of the individuals involved is not acriterion in the assessment of whether there are grounds for expulsion or refusal.It follows from the traveux préparatoires for the Danish Aliens Act that any decision concerningexpulsion of an alien must be in accordance with Denmark’s international obligations, including theEuropean Convention of Human Rights.As a clear starting point it is prohibited under the European Convention of Human Rights to base adecision on a person’s ethnic origin.Thus, in deciding on expulsion or refusal of an alien, the Danish authorities pay no attention to theindividual’s ethnic origin.5) Governance mechanismsCivil society, social partners and other relevant stakeholders will be consulted in accordance withnormal procedures regarding EU-issues. Any questions or remarks regarding the strategy will beduly considered (Annex 1).6) Monitoring the implementation of the strategies/policy measures and adjusting them intimeAs Denmark has chosen to promote Roma inclusion through the integrated set of policy measuresthat characterise the Danish welfare society, no special monitoring mechanisms will be initiated.Generally, the Danish integration policy is monitored and legislation is continuously modified andadjusted to meet the demands of the present society.The responsibility for integration of the individual citizen rests with the local levels of society, andthus it is a municipal matter to provide the necessary services and benefits in each municipality.
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