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Retsudvalget 2014-15 (1. samling)
REU Alm.del Bilag 10
Offentligt

Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

A.Purpose and general obligations (arts. 1-4)

1. PLEASE EXPLAIN WHY THE STATE PARTY RELIES ON THE STANDARD RULES DEFINITION OF PERSONS WITH DISABILITY AND HOW

THE STATE PARTY HAS INTEGRATED THE CONCEPT OF DISABILITY OF ARTICLE 1 OF THE CONVENTION.

The definition of disability in article 1 in the convention is integrated in the Danish disability policy.

The UN Convention on the rights of people with disabilities requires the disability policy to be aimed not

only at compensating the individual person with disabilities, but also at removing barriers in the

surrounding society in order to enable persons with disabilities to participate actively in community life on

an equal footing with others.

There is no official definition of disability in Denmark, but the general definition of disability is expressed

through the recognition of a person’s reduced psychical and/or mental function and the person’s need for

compensation measures in order to access the surrounding society.

The Danish disability policy has, since the beginning of 1980, been based on four principles. These principles

are in accordance with The UN Convention on the Rights of Persons with Disabilities.

The principle of equal opportunities: The UN Standard Rules on equal opportunities for and equal

treatment of persons with disabilities were adopted as a parliamentary decision in 1993. Since then, the

principle of equal opportunities and equal treatment of persons with disabilities has remained a pivotal

element of the Danish disability policy, with the overall objective of creating “a society for all”.

The principle of solidarity: The Danish Welfare State is based on the principle of solidarity and a high degree

of redistribution. This means, inter alia, that the services offered to persons with disabilities are fully tax-

financed. This principle is based on the idea that everybody shares the responsibility of ensuring that

persons with disabilities have access to the necessary services. The principle of solidarity is a key element in

Denmark’s disability policy.

The principle of sector accountability: The principle of sector accountability is another key element of the

Danish disability policy. Sector accountability implies that the public authority responsible for an activity, a

service or a product is also responsible for making it accessible to persons with reduced functional capacity.

This way, activities targeted at persons with disabilities are no longer primarily a task for the social sector,

but the responsibility of all relevant sectors in the Danish society, for example housing, transportation,

labour market, training and education and the health sector.

The principle of compensation: The principle of compensation implies that a person with reduced

functional capacity will, to the widest possible extent, be compensated for the consequences of the

reduced capacity. Such compensation may be obtained by making parts of society accessible for people

with reduced functional capacity. Another option is to offer individual services specifically targeted the

needs of the individual person with disabilities.

In October 2013, the Danish Government launched an action plan; ‘A society for all’, which builds on the

above mentioned principles and the relational understanding of disability as in the UN convention.

2. PLEASE EXPLAIN HOW THE CONVENTION AFFECTS ALL THE NATIONAL LEGISLATION AND POLICIES OF DENMARK, INCLUDING THE

FAROE ISLANDS AND GREENLAND. PLEASE PROVIDE INFORMATION ON THE IMPLEMENTATION OF THE DANISH DISABILITY POLICY

AND ON AFFIRMATIVE ACTIONS THAT HAVE BEEN TAKEN FOR THE IMPLEMENTATION OF THE COMPENSATION PRINCIPLE.

Denmark ratified the UN Convention for Persons with Disabilities in 2009. The convention represents an

important framework for disability policy in Denmark. The convention is not only part of the Government’s

framework, but also important for the work at the local government level.

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

As mentioned above (1) the principle of sector accountability is a key element of Danish disability policy.

With reference to how the convention affects all national legislation, the principle of sector accountability

also implies that it is the responsibility of every ministry when drafting new legislation to consider if the

proposed legislation is in accordance with existing human rights conventions e.g. the Convention on Rights

of Persons with Disabilities. Furthermore The Danish Institute of Human Rights is consulted when drafting

new legislation in order to make sure that new legislation comply with Denmark’s human rights obligations.

One example of how the convention influences Danish disability policy, is the Government’s recent action

plan; 'A society for all', which was launched in October 2013. Among the main objectives in the action plan

are the objectives of equal opportunities, citizenship and participation, enhanced self-determination and

independency, respect for diversity and equal treatment. These objectives stem from the convention.

In Denmark there are 98 municipalities (local government) and 5 regions. The municipalities and the

regions are responsible for social and health services to the citizens. For instance, the municipalities are

responsible for offering services to persons with disabilities, including compensatory services. Such services

may include e.g.: Advisory and counselling services, support for necessary extra costs, personal help and

care services, citizen-controlled personal assistance (BPA), substitute or respite services, attendance, aids

and consumer durables, support granted to purchase of a car, adaptions to the home, residential

accommodation etc.

In the municipal accounts for 2013, the expenditure on adults, including people with disabilities and people

with social problems, is approx. DKK 28.5 billion. This corresponds to approx. 27 percent of the total

municipal expenditures on day care, elderly, adults and children and young people, which amounts to

approx. 107.4 billion. The expenditures are excluding cash benefits.

The implementation of Danish disability policy at the local level is supported by state agencies that collect

and disseminates knowledge. The state agencies also support local authorities in implementing legislation

in different areas.

Over the past years the Danish government has increased its’ focus on implementation at the local level to

ensure that citizens receive the services they are entitled to by law. One example of this is a new initiative

to establish a national Task Force to support the municipalities in implementing the social legislation

concerning disability.

In addition, The National Social Appeals Board (Ankestyrelsen) aims at improving

implementation by improving the legibility of appeal-decisions directed to municipalities and citizens.

In accordance with article 33 in the convention, The Danish Parliament has nominated The Danish Institute

for Human Rights as the independent body for the monitoring of the implementation of the convention in

Denmark. In addition, the Danish Parliament has set up The Danish Disability Council in 1980, which

consists of an equal number of user representatives and authority representatives and has a dual role in

advising public authorities, including the Danish Parliament, and monitoring the application of regulations,

legislation and practice on matters related to disability.

Finally, the Danish Parliament has elected an Ombudsman to control the state and municipal authorities

and other government authorities. The Ombudsman can investigate complaints against government

authorities' decisions and their treatment of citizens of all ages and cases in all areas – including disability.

The Ombudsman may also take up cases on its own initiative and carry out investigations on the case work

of authorities.

On 13 May 2014 the Danish Parliament adopted a resolution regarding Denmark’s accession to the

Optional Protocol of the Convention on the Rights of Persons with Disabilities. When the Protocol has been

signed by Denmark and the instrument of ratification has been deposited, the Protocol will on the 30

day

enter into force pursuant to article 13 (2) of the Protocol.

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

Greenland

The Danish Parliament has delegated a wide range of policy areas to the Greenland Self-Government.

Consequently, the Greenlandic Self-Government is responsible for legislation pertaining to social welfare in

Greenland, including legislation regarding disability matters.

The aim for Greenlandic Self-Government is to ensure national legislation, which is in harmony with the

Convention.

The civil and the human rights laid down in the Danish Constitution apply unrestrictedly in Greenland.

The Greenlandic Self-Government wishes for a society, where children, adolescent and adults with mental

or physical disabilities have the same opportunities to utilize their potential and have the same

responsibility for their own lives, as any other citizen. An inclusive and diverse society based on respect for

diversity, by giving support towards the resources and opportunities of the individual.

The aims of social services are that the individual can improve or sustain mental, physical and social skills.

The purpose is to achieve and contribute towards greater quality of life and greater self-reliance for the

children and adolescents with disabilities and their families.

It is necessary to have a broad range of offers for persons with disability in Greenland in order to cover

many different target groups. Therefore, it is important to have ongoing development to qualify the broad

range of offers in Greenland.

The result of this development will imply a decreasing need to place persons with disability with special

needs in residential care in Denmark. Furthermore, this will create opportunities to give those with special

needs, specialized offers in Greenland and also give those who receive services in Denmark the opportunity

to be replaced in Greenland. Today, it is stated under the Act of Social Services section 108 (5) that a region

or one or more municipalities must accept persons residing in Greenland accommodation facilities covered

by subsection hereof.

About accommodation facilities, this is an area which needs to be developed in the years to come, with the

given result, which citizens with disability will gain the opportunity to stay in their own home.

To be a person with disability in Greenland and to gain the possibility of staying in their own home, with

home care help, will increase life quality amongst the many people with disability. This will also fulfill a very

deeply cherished wish amongst the people with disability.

The Self-Government for Greenland has also begun the establishment of a national disability center in

Sisimiut, Greenland, which will service both people with disabilities and professionals working within the

disability field. The realization of this center is the last part of the 1997 Social Reform Commissions’

recommendations regarding disabilities in Greenland. The construction and development of the national

disability center is cooperation between the Ministry of Family and Justice and the Ministry of Housing. The

construction of the center will commence medio 2015 and will open in the beginning of 2017.

The Self-Government for Greenland has granted funds for the construction of the center and the centers

further operation. The national disability center will consist of training facilities, education and courses for

families and relatives of people with disabilities and training, courses and counseling to professionals. The

national disability research and counseling center, Innarluutit Pillugit Ilisimasaqarfik Siunnersuisarfiutigisoq

(IPIS), which was established in Nuuk, Greenland, in 2009, will be an incorporated part of the national

center for persons with disabilities.

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

The target group is adults, children and young people with disabilities, their families and relatives and

professionals working with persons with disabilities. The center will welcome a broad target group in

relations to diagnosis.

An important approach for the center is to operate both locally at the center but also decentralized where

needed i.e. Nuuk, on the Greenlandic coast and in the Southern and Eastern parts of Greenland. The center

will be a focal point for expertise in Greenland securing expertise within the field of disability in Greenland

both central as well as locally.

The most important purpose for the center is to secure people with disabilities a higher degree of

independence and ability to live as independently as possible and also to work to secure an as healthy

development for children and adolescents with disabilities as possible. Another purpose for the national

disability center is to offer nationwide training, research, knowledge, counseling and education within the

field of disabilities.

The conclusion is that Greenland Self-Government has many current tasks which will improve the living

conditions for persons with disability in Greenland and is working closely with the municipalities to

emphasize the human rights of the persons with disability.

The management and organization of the support for persons with disabilities was delegated to the

municipalities of The Greenland Self-Government on the 1

of January 2011. The ministry of Family and

Justice is now carrying out visits to every municipality to inspect how the municipalities have managed this

task. It has been agreed between KANOKUKA and The Self-Government of Greenland that this delegation of

authority is planned to be evaluated at the end of 2014.

It is also important to mention, that in the coming years, the Self-Government plans to reform the

legislation on disability in a way, which is consistent with the convention.

Faroe Islands

To ensure that international conventions on human rights are implemented into new laws in the Faroe

Islands and that Faroese laws are in conformity with international conventions on human rights, the

Department of Legislative Affairs scrutinizes draft legislation, which are sent in from all Ministries, before a

Bill is introduced into the Faroese Parliament.

The draft legislation is examined to determine whether it complies with the Danish Constitution, The

Faroese Home Rule Law and other general rules and principles. The relationship to general international

conventions on human rights is examined to the extent that circumstances may require.

The Department of Legislative Affairs has made a guide to the elaboration of legislation. Here it is stressed

that international conventions on human rights must be considered during the elaboration. A part of the

guide is also a table which has to be ticked off, where financial, administrative, environmental, social and

human right impact on the governmental, regional and municipal level has to be considered.

A number of amendments have already been carried out to implement the Convention on the rights of

persons with disabilities. Significant initiatives include legislation against discrimination on the labor market

due to disability, the Act regarding labor initiative, the Building act, the Executive Order on accessibility to

buildings and the Executive Order on business training, work preparation, adjusted jobs, supervisor

schemes, etc.

3. PLEASE PROVIDE UPDATED INFORMATION ON THE IMPLEMENTATION OF THE RECENTLY LAUNCHED, LONG-TERM AND MULTI-

DISCIPLINARY ACTION PLAN FOR THE DISABILITY AREA. PLEASE ALSO PROVIDE INFORMATION ON HOW PERSONS WITH

DISABILITIES THROUGH THEIR REPRESENTATIVE ORGANISATIONS ARE INVOLVED IN THE DEVELOPMENT, IMPLEMENTATION AND

EVALUATION OF SUCH PLAN, AS WELL AS OF OTHER POLICIES AND LEGISLATION CONCERNING PERSONS WITH DISABILITIES.

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

The Danish Government’s long-term and multi-disciplinary action plan for the disability area ‘A society for

all’ includes a number of long-term visions and goals for the development of Danish disability policies as

well as a number of short-term initiatives. The Plan will contribute to setting up political and economic

priorities for disability-policy initiatives across policy areas, and it will function as a framework for the

continued work of implementing the UN Convention.

The action plan focusses on six topics, which each in their own way supports the vision of a more inclusive

and equal society: 1) Citizenship and Participation, 2) Education, 3) Employment, 4) More knowledge and

better effect, 5) Consistency and quality and 6) Innovative solutions, new technology and increased

availability. The action plan contains almost 50 initiatives across the mentioned themes.

The respective initiatives are rooted in different ministries and the timespan of the initiatives varies greatly.

A few of them have already been completed, but for the most part they have been started up during the

first months of 2014. Both the progress of the concrete initiatives and the continued focus on the long-term

visions and goals will be monitored by a committee of representatives from all the Danish ministries,

meeting 2-3 times a year to discuss cross-sectorial topics on the disability agenda.

The action plan is based on the principle of “Nothing about us without us.” To ensure involvement of

organizations representing people with disabilities, the government hosted a series of dialogue meetings

with relevant parties, for example Disabled Peoples Organizations Denmark, the Danish Institute for Human

Rights and the Danish Disability Council. The dialogue meetings were each dedicated to specific themes in

the action plan.

Furthermore, during the planning process there has been an ongoing dialogue with relevant NGO’s on both

a formal and a more informal level. The NGO’s also have an important part to play in the implementation of

a large number of the concrete initiatives presented in the action plan.

In general, civil society, specifically organisations of persons with disabilities, has a say in all matters

concerning the development of policies regarding benefits to people with disabilities. The umbrella

organisation Disabled Peoples Organizations Denmark is consulted on a regular basis on relevant matters

and during all stages of the policy-making process.

In every municipality there is a local council representing the interests of people with disabilities. This

council is consulted in all local policy matters concerning people with disabilities.

B.Specific rights (art.5 and 8-30)

Equality and non-discrimination (art. 5)

4. PLEASE INFORM WHEN THE STATE PARTY WILL ENACT A COMPREHENSIVE DISABILITY ANTI-DISCRIMINATION LEGISLATION

BEYOND THE LABOUR MARKET WHERE THE CONCEPT OF REASONABLE ACCOMMODATION OPERATES.

In all areas of society, Denmark continuously aims to secure a high human rights standard in our policy

making and law making. For instance, all considerations concerning the possible preparation of new

legislation are carried out within the framework of Denmark’s human rights obligations which thereby

determines the options in this regard, and at the later stages, before the Government introduces a bill in

Parliament a thorough assessment is made in order to secure compliance with these obligations.

In 2008 the European Commission presented a proposal for a Council Directive on implementing the

principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

orientation. The proposed Council Directive will, if adopted, apply to all areas of society including beyond

the labour market.

Even if there is no overall legislation on anti-discrimination in Denmark, the courts as well as the National

Appeals Board can take into consideration the concept of equality and non-discrimination pursuant to art. 5

of the convention.

As a very recent development on the topic of preventing discrimination the Government has established an

anti-discrimination unit earlier this year. The unit will focus on discrimination based on disability as well as

discrimination based on ethnicity. The unit will, inter alia, investigate the extent and nature of

discrimination against persons with disabilities. They will also present initiatives to prevent and reduce

discrimination against persons with disabilities

Women with disabilities (art. 6)

5. PLEASE PROVIDE CONCRETE INFORMATION ON HOW A GENDER PERSPECTIVE IS MAINSTREAMED INTO THE PUBLIC POLICIES

RELATING TO PERSONS WITH DISABILITIES AND HOW A DISABILITY PERSPECTIVE IS MAINSTREAMED INTO LAW AND POLICY

PROMOTING GENDER EQUALITY.

Women and men with disabilities are covered by the Act on Gender Equality, and have the same access to

file complaints related to discrimination on grounds of gender tried by the Board of Equal Treatment.

The Danish Act on Gender Equality, adopted in 2000, regulates the area of gender equality

outside the

labour market

and forms the basis and framework for public authorities to promote gender equality. Both

the state and municipal authorities are covered by the scope of the Act. In addition, the Act applies to all

commercial activities.

The Act aims to promote equality between women and men based on women and men's equal worth. The

purpose of the Act is to counteract direct and indirect discrimination based on gender, including

harassment and sexual harassment outside the labour market. The Act prohibits discrimination based on

gender.

The Board of Equal Treatment is an independent appeals board that deals with complaints related to

discrimination. The Board deals with complaints related to discrimination based on gender, race, color,

religion or belief, political views, sexual orientation, age, disability or national, social or ethnic origin

within

the Labour Market. Outside the labor market,

the Board deals with complaints related to discrimination

based on race, ethnic origin or gender.

6. PLEASE PROVIDE INFORMATION ON MEASURES TAKEN TO COMBAT VIOLENCE AGAINST WOMEN AND GIRLS WITH DISABILITIES,

AND ON MEASURES TAKEN TO INCREASE THEIR OPPORTUNITIES FOR EDUCATION AND EMPLOYMENT.

On measures taken to combat violence against women and girls with disabilities please refer to paragraph

17, page 13.

With regards to the measures taken to increase the opportunities for education and employment of girls

and women the Ministry of Education remarks that women and girls with disabilities have the same

opportunities for education as other groups in the educational system of Denmark. The initiatives to

improve the educational system apply equally to women and men as well as to citizens with and without

disabilities. Consequently, there are no specific initiatives aimed for women and girls with disabilities in the

educational system of Denmark.

The fact that there is no specific initiatives for women and girls with disabilities is to be seen in the context

of the Danish education system, where neither gender nor disability are considered to be subject of

discrimination in correlation with educational rights and opportunities.

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

With regards to employment, there are no specific measures to promote that especially women with

disabilities find or maintain employment.

Children with disabilities (art. 7)

7. PLEASE PROVIDE CONCRETE INFORMATION ON THE CHILDREN’S INITIATIVES MENTIONED IN PARAGRAPH 354 OF THE STATE

PARTY’S REPORT AND PLEASE INDICATE WHETHER SUCH INITIATIVES GUARANTEE FULL RESPECT FOR THE VIEWS OF CHILDREN

WITH DISABILITIES, IN ACCORDANCE WITH THE CONVENTION.

Paragraph 354 of the State Parties report reads as follows:

“354. To underpin the objective of equal treatment of children and young people with disabilities, a range of

initiatives has been launched and planned to pave the way for greater inclusion of boys and girls with

disabilities and to help eliminate prejudice against children and young people with disabilities. As part of

this effort, Denmark has decided to finance a United Nations position as a specialist in children with

disabilities. The position is scheduled to be advertised during the summer of 2011 and is with UNICEF.”

The Danish National Board of Social Services has carried out the project ‘Children’s Attitudes towards

Disability’ followed by the publication in 2011 of a report about the project. The background for the project

was a wish to gain greater knowledge with regards to develop children’s attitudes towards disability by

means of targeted teaching about disability and thereby creating greater openness among children in

relation to persons with disabilities. Children’s attitudes towards disability are of great significance for the

possibilities for inclusion and tolerance in school and in everyday-life for children with disabilities.

Prior to and following the training, an inquiry of children’s attitudes has been carried out. Overall the

inquiry concludes that the teaching has had a positive effect in relation to creating more openness with

regards to persons with disabilities. According to the survey the children’s attitudes have changed, there is

still, however, a need to focus on inclusion and disability, not least in relation to creating equal

opportunities and inclusion with respect to persons with disabilities.

The target group for the project has been pupils and teachers in the 4

to 6

grades in the basic Danish

school (age ranging from 10-12 years). The training package offered to the schools includes teaching

material regarding disability and a teacher’s guide. In addition to this the training package contains

teaching ideas for a number of school subjects. As part of the project the so-called “HANDInauts” were

trained. The HANDInauts are a corps of persons with disabilities which offers to visit the 4

and 6

grades

classes in order to discuss issues concerning and attitudes towards disability. The HANDInauts were a part

of a project carried out in 2010 including training of the corps and holding of sessions at about 10 schools.

The project was initiated by the Danish National Board of Social Services in cooperation with The Union of

Young People with Disability (Sammenslutningen af Unge med Handicap (SUMH)). Furthermore the schools

have been provided with the opportunity of having a visit from a consultant from the Danish Union of

Athletes with Disabilities (Dansk handicapidrætsforbund) who was responsible for teaching sports including

an introduction to various forms of sports for persons with disabilities.

Denmark financed an international disability specialist position with UNICEF for a 2-year period. The

contract ended in March 2014. A new request for support was received by the Ministry of Foreign Affairs in

May 2014. The Ministry will consider the request from UNICEF together with other requests for advisers to

international organisations in early 2015.

The above mentioned initiatives support inclusion of children with disabilities and involvement of their

perspectives. The initiatives are part of a process regarding inclusion of children with disabilities in society.

Awareness raising (art. 8)

8. PLEASE PROVIDE CONCRETE INFORMATION ON THE FUNCTIONS AND ACTIVITIES THAT HAVE BEEN TAKEN BY THE DANISH

DISABILITY COUNCIL TO RAISE AWARENESS, INFORM AND EDUCATE PERSONS WITH DISABILITIES AND PUBLIC AT LARGE ON THE

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

CONVENTION. PLEASE INDICATE WHETHER RELEVANT AWARENESS-RAISING MATERIAL AND LEGISLATION RELATED TO DISABILITY

RIGHTS AND NON-DISCRIMINATION ARE MADE AVAILABLE IN ACCESSIBLE VERSIONS.

The Danish Disability Council’s task is to monitor the situation of persons with disabilities in society in view

of the UN Convention on Rights for Persons with Disabilities. The Council also acts as an advisory body to

Government and Parliament on issues relating to disability policy. The Council can take initiatives and

propose changes in areas affecting the life of persons with disabilities and their living conditions.

The Danish Disability Council contributes to various campaigns which aim to raise awareness of people with

disabilities in society and promote understanding and respect for their rights. I.e. the Council contributes to

the development of a long-term strategy to promote a positive attitude change in society and improve the

basis for equal meetings between people with and without disabilities in all spheres of society. The strategy

is developed by a working group consisting of central and relevant stakeholders and is one of the initiatives

launched in the Governments action plan on disability.

Among new initiatives, the Council has developed a charter on user influence. The Charter is both a set of

principles and a concrete checklist, on how to work with user influence. The aim is to help persons with

disabilities get a greater influence on their lives. A wide range of organizations and individuals have already

joined the Charter.

The Danish Disability Council is also working to ensure that people with disabilities get better access to

voting. They work to promote electronic voting, accessible material and better dissemination of democracy

for people with learning disabilities and reading difficulties. The Council has presented problems and

perspectives to experts and politicians. In addition, they contacted the political parties and urged them to

develop material on the parties’ key issues that is accessible and easy to read.

Furthermore the Council has been part of a campaign called ‘It is not a disability’. The campaign challenges

stereotypes and focuses on the skills and resources of persons with disabilities. Everyone can tell their own

stories on Facebook about living life to the fullest – regardless of disability. The stories were also sheared

with a campaign bus, which has been touring the country.

Accessibility (art. 9)

9. PLEASE INDICATE WHETHER THERE IS A COMPREHENSIVE NATIONAL PLAN OF ACTION FOR ACCESSIBILITY COVERING ALL GROUPS

OF IMPAIRMENTS, INCLUDING PLANS FOR INTRODUCING NEW BINDING REGULATIONS AND LEGISLATION IN DENMARK,

GREENLAND AND THE FAROE ISLANDS.

As mentioned earlier (1 and 2) the principle of sector accountability is a key element of Danish disability

policy. The principle of sector accountability implies that it is the responsibility of every ministry when

drafting new legislation to consider if the proposed legislation is in accordance with existing human rights

obligations e.g. art. 9 of the Convention on Rights of Persons with Disabilities. Accessibility covers a wide

range of fields such as communication, technologies, information and the built environment.

Below there are some examples of how accessibility for persons with disabilities are dealt with in Denmark.

In Denmark’s first report to the committee there is an extensive description of accessibility in e.g. the

telecommunications legislation (Specific rights, art. 9, paragraph 104-116). To give another example please

find below a description of accessibility according to the built environment.

Accessibility according to the built environment

Accessibility to the built environment is essential for the ability of citizens with disabilities to participate in

activities in society on an equal footing with citizens without disabilities. Accessibility is therefore an

important part of The Danish Building Regulations. The regulations aim to ensure that new buildings and

existing buildings that are comprehensively refurbished are accessible for people with disabilities.

Regulation includes rules on barrier free entrance, lifts, toilets for persons with disabilities etc.

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

However, recent research conducted by The Danish Building Research Institute indicates that the regulation

on accessibility in the Danish Building Regulations is not always and consistently followed in a number of

new buildings. The research indicates insufficient knowledge as the main cause.

The Danish Ministry of Climate, Energy and Building has launched two initiatives to address the current

challenge to ensure a high level of accessibility to the built environment in Denmark as part of the action

plan “A society for all”.

The first initiative aims at conducting an intensified campaign to inform, guide and advise the relevant

partners in the building industry about the current regulation. The initiatives will also collect and spread

knowledge of practical and innovative ways to meet the regulations, but at the same time allowing for e.g.

architectonic variation etc. This is being implemented in a dialogue with The Danish Disabled Peoples

Organisation, The Danish Institute for Human Rights and other relevant parties.

The second initiative aims at analyzing the current regulation to determine whether this may pose a barrier

to inventing and implementing new innovative solutions when creating accessibility for persons with

disabilities. It is important that the regulation allows for development in this area. Building professionals

e.g. architects, engineers and constructors should not consider accessibility as a barrier for creating

buildings that fit the need and demand for new solutions in the build environment.

These initiatives are now being implemented by The Danish Ministry of Climate, Energy and Building in a

close dialogue with the relevant parties in the area of accessibility to the build environment in Denmark.

Accessibility according to transport

The Danish Government and public transport operators share a common goal to ensure that public

transport is accessible to all, and that the pedestrian and traffic environments are designed and managed

to enable people to reach and use public transport safely and with confidence.

The Government has adopted an accessibility policy in 2013 that applies to the entire area of the Ministry

of Transport, which requires accessibility to be embedded in all phases (planning, execution and operation),

when new infrastructural projects are adopted and established.

To the extent possible, new facilities and major renovation projects must be designed to give as many

persons with various types of disabilities access to infrastructural projects. This accessibility policy pivots on

the efforts made to give the highest number of people access to public transport or, alternatively, provide

supplementary and compensatory transport solutions.

The metro project in Copenhagen serves as an example in which accessibility policy was embedded from

the outset. The metro project was realized in close consultation with Disabled Peoples Organisations

Denmark, a contributory factor for jointly finding the optimum and most accessible solutions. As a result,

the metro is physically fully accessible.

With regard to the purchase of new trains Denmark will secure that the needs of persons with reduced

mobility will be taken into account. Also when stations are substantially modernized the needs of persons

with reduced mobility will be taken into consideration.

Denmark is bound by regulation 1371/2007 of the European Parliament and of the Council of 23. October

2007 on rail passengers’ rights and obligations.

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

Currently there are no plans for introducing new binding regulations or legislation in Denmark regarding

accessibility to public transport.

Greenland

Currently, there is not as such adopted a comprehensive plan of action, including new legislative initiatives,

regarding Article 9. Specifically, a revision of the Building Regulations has been initiated, and in this context,

requirements for accessibility in existing buildings are considered. When enacted this means that the

building code requirements on accessibility are to be taken into account when revamping existing buildings.

Faroe Islands

There is no national plan of action for accessibility in the Faroe Islands. However, efforts are being made in

various fields to provide accessibility for persons with disabilities. When it comes to the physical aspect of

accessibility, general provisions are stipulated in national legislation.

In 2009, the Faroese Government issued Executive Order No. 149 of 3 December on accessibility. The rules

lay down requirements for buildings housing public services and for buildings housing restaurants, shops

and offices whose field of work targets administration and special services. For instance, requirements are

laid down for lifts, doors, toilets, stairs, ramps, car parks and footpaths. In addition, the executive order

stipulates rules on necessary aids such as induction loops. The executive order lays down requirements for

new buildings and refurbishment and requirements regarding the lease of buildings to be used as premises

for public services.

Regarding accessibility to information and communication.

The Faroese public service covenant makes provisions for persons with impaired hearing. In the section

“Services for persons with disabilities” there is emphasis on sign language interpretation. News broadcasts

and other programmes of significant interest and importance to the general public must be texted or sign

language interpreted, e.g. general election programmes. Kringvarp Føroya (National Broadcasting

Corporation) is required to provide internet services for persons with seeing or hearing impediments.

The current national budget allocates funding of sign language interpretation for news broadcasts in

Kringvarp Føroya (DKK 335,000 in 2014, i.e. EUR 45,000).

A new Faroese Text to Speech software is produced and the audio book service is currently being revised.

The audio book services publish 25-30 new audio books annually in Faroese.

Situations of risk and humanitarian emergencies (art. 11)

10. PLEASE PROVIDE ADDITIONAL INFORMATION ON HOW THE STRATEGY FOR DANISH HUMANITARIAN ACTION (2010-2015)

INCLUDES PERSONS WITH DISABILITIES AND WHICH SPECIFIC ALERT SYSTEM AND PROTOCOLS FOR GUARANTEEING THE SECURITY

AND PROTECTION OF PERSONS WITH DISABILITIES IN EMERGENCY SITUATION.

The Danish Humanitarian Strategy is implemented through a range of partners and organisations: Danish

Humanitarian NGOs, UN Organisations and others, including the International Committee of the Red Cross,

the ICRC. Each of the partners or organisations help Denmark implement a part of the strategy and some

organisations are specialising in protection of the vulnerable.

UNICEF and Save the Children have a strong mandate on child protection and both organisations do

impressive work in the area of protecting children with disabilities. ICRC specifically cares for people with

disabilities in emergency situations. Protection and care of the vulnerable especially people with

disabilities, figures prominently in most of ICRCs programme activities.

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Denmark does not enforce a specific set of alert systems or protocols on protection of persons with

disabilities in emergencies, but encourage partners through dialogue to establish these where relevant.

Currently there is an on-going debate on humanitarian standards between Humanitarian Donors (the Good

Humanitarian Donorship Group) on the issue of special protocols for the security and protection of persons

with disabilities and this could lead to internationally agreed standards. Denmark is welcoming the

contributions from organisations advocating the rights of persons with disabilities.

Equal recognition before the law (art. 12)

11. PLEASE PROVIDE FURTHER INFORMATION ON THE ACTIONS TAKEN TO AMEND THE LEGAL INCAPACITY AND GUARDIANSHIP ACT

IN ACCORDANCE WITH ARTICLE 12 OF THE CONVENTION; AS WELL AS ON MEASURES THAT HAVE BEEN TAKEN TO REPLACE THE

SUBSTITUTE DECISION MAKING (GUARDIANSHIP) BY THE SUPPORTED DECISION-MAKING MODEL IN THE EXERCISE OF LEGAL

CAPACITY.

Denmark would like to point out that the Act on Legal Incapacity and Guardianship is based on the principle

that guardianship should be adjusted according to needs and should never exceed the necessary measures.

The person to be placed under guardianship shall be consulted both prior to a court decision on full

guardianship, where the person is deprived of his or her legal capacity, and decisions by the State

Administration on other forms of guardianship. A decision on guardianship can be limited to a certain

period of time if the conditions due to which the person is placed under guardianship are only temporary or

if other conditions speak in favor of such a decision. As a main rule, the guardian must consult the person

under guardianship before making decisions on important matters.

In the Government’s view, the Convention on the Rights of Persons with Disabilities allows for the

withdrawal of legal capacity or support in exercising legal capacity, and/or compulsory guardianship, in

cases where such measures are necessary, as a last resort and subject to safeguards. Reference is made to

the Government’s letter of 28 February 2014, whereby the Government sent its comments to the

Committee on the Draft General Comment on Article 12 of the Convention on the Rights of Persons with

Disabilities.

Access to justice (art. 13)

12. PLEASE PROVIDE INFORMATION ON TRAINING AND AWARENESS-RAISING ACTIVITIES THAT HAVE BEEN CARRIED OUT FOR

JUDGES AND LAW ENFORCEMENT OFFICERS, IN RELATION TO THE RIGHTS OF PERSONS WITH DISABILITIES AND THE CONVENTION.

PLEASE ALSO EXPLAIN HOW PERSONS WITH DISABILITIES AND THEIR ORGANISATIONS ARE INVOLVED IN THE PLANNING AND

CONDUCTING OF THESE TRAININGS.

In Denmark the Court Administration is responsible for basic training of deputy judges as well as providing

tertiary education for the judges.

The Court Administration is aware of the rights of persons with disabilities and the Convention but at the

same time the Court Administration is focused on providing training courses that will benefit the largest

group of judges and do mostly offer training courses with a subject-related juridical matter. However, the

Court Administration provides a training course on how to deal with people with mental illness. The

purpose of this training course has been to heighten awareness of this group of people as well as enabling

the judges to be even more mindful of possible special requirements that have to be met in regard to this

group of people. The Danish Court Administration continuously reflects on the need of different training

courses, including courses on the rights of persons with disabilities.

At the Police College the police cadets attend a course called “Denmark – a democratic constitutional

state”. During this course the police cadets are taught the relevant provisions of the European Convention

on Human Rights, associated institutions and their bearing on policing.

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The police cadets also attend a course on ”Patrolling and Major Incident Procedure” in which they are

taught appropriate conduct and sound working methods in situations involving vulnerable members of the

community.

Furthermore, the police cadets attend a course called “Vulnerable groups”. During this course the police

cadets are to demonstrate detailed knowledge about and the ability to reflect on the intentions behind the

Danish Police Act in terms of responsibility, protection and careful treatment of disadvantaged and

vulnerable people when conducting police business. As a part of the course the police cadets are also

required to demonstrate knowledge on relevant legislation in order to asses, decide on and argue for

suitable policing initiatives involving disadvantaged and vulnerable people.

Liberty and security of the person (art. 14)

13. PLEASE PROVIDE INFORMATION ON MEASURES TAKEN TO AMEND THE LEGISLATION CONCERNING HOSPITALIZATION AND

TREATMENT OF PERSONS WITH “MENTAL HEALTH IMPAIRMENTS” UNDER THE PSYCHIATRIC ACT.

The main principles concerning all health treatment are self-determination and informed consent. These

principles are enshrined in statute. When it comes to compulsion in psychiatric treatment The Psychiatric

Act lay down some basic principles. The legislation stipulates that compulsory treatment is not allowed

until every possible step has been taken to persuade the patient into accepting treatment. The use of

compulsion must be proportionate to the goal pursued. Whenever possible, minor steps should be taken.

Every instance of deprivation of liberty and use of other restraints must be noted in a special protocol at

the psychiatric ward, and this information is reported to the local authority as well as to central

governmental institutions. A special subcommittee of the parliament, under the Constitutions § 71,

supervises the use of administrative force.

In October 2014 the Danish Government will introduce a bill to change the Psychiatric Act in order to

ensure better rights for psychiatric patients, who are subject to detention or coercion, including measures

to reduce mechanical restraint.

14. PLEASE PROVIDE INFORMATION ON THE GENERAL DIRECTIVES AND NORMS ENSURING THAT PERSONS WITH DISABILITIES WHO

ARE DEPRIVED OF THEIR LIBERTY FOLLOWING A JUDICIAL PROCEEDING ARE PROVIDED WITH REASONABLE ACCOMMODATION.

PLEASE EXPLAIN WHETHER PERSONS WITH PSYCHOSOCIAL DISABILITIES CAN BE DEPRIVED OF THEIR LIBERTY FOR REASONS OTHER

THAN A CRIMINAL PROCEDURE.

When establishing new prisons the Prison and Probation Service is careful to observe all current building

standards of disability accessibility. With reference to Denmark’s initial state report to the Committee on

the Rights of Persons with Disabilities (article 9, para. 75-76), please be informed that a number of special

cells for persons with disabilities have been fitted out in existing prisons, as Danish State and local prisons

are mainly housed in old building stock, which generally fails to observe today’s requirements for disability

access.

When a patient is committed, retained or subject to compulsory treatment he or she shall always have a

patients´ adviser assigned. The patients´ adviser must be assigned as soon as the decision has been taken. If

the patient is strapped or exposed to other physical compulsion, the patient must be asked whether he or

she requests a patients´ adviser, and in the affirmative a patients´ adviser shall be assigned. The legal

representation in form of a patients´ adviser is free of charge.

Whenever a patient has been exposed to compulsory treatment, the patient or the patients’ adviser may

demand that the case be tried in the psychiatric patients’ board of complaints. The complaint can be

presented to the patients’ adviser, doctors, nurses care assistants or other staff members at the hospital

who take part in the treatment. The complaint may also be forwarded directly to the hospital authorities.

The hospital authorities will have to bring the case before the psychiatric patients’ board of complaints as

soon as possible. A complaint made of compulsory treatment has delaying effect. The doctor, however,

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may proceed with the treatment while the complaint is undecided in order to avoid exposing the patient’s

life and health to substantial danger and to prevent the patient from harming other people.

If the patient is discontent with decisions made by the patient’s board of complaints regarding compulsory

commitment, detainment, and taking back, the patient or the patients’ adviser can demand that the case

should be brought before a court of law.

Freedom from torture (art. 15)

15. PLEASE PROVIDE INFORMATION ON MEASURES TAKEN TO PREVENT THE USE OF CHEMICAL, PHYSICAL, AND MECHANICAL

RESTRAINTS OF PERSONS IN PSYCHIATRIC CARE, AND THE FORCIBLE TREATMENT OF SUCH PERSONS.

As mentioned in the answer to question 13, the legislation stipulates that compulsory treatment is not

allowed until every possible step has been taken to persuade the patient into accepting treatment. The use

of compulsion must be proportionate to the goal pursued, and whenever possible, minor steps should be

taken.

Freedom from exploitation, violence and abuse (art. 16)

16. PLEASE INDICATE THE NUMBER OF COMPLAINTS THAT HAVE BEEN RECEIVED AND RELEVANT DECISIONS THAT HAVE BEEN

ADOPTED CONCERNING VIOLENCE AGAINST AND EXPLOITATION OR ABUSE OF PERSONS WITH DISABILITIES, DISAGGREGATED BY

AGE AND GENDER.

Danish criminal legislation contains several provisions aimed at protecting vulnerable or dependent

persons, including persons with disabilities. The Danish authorities collect data concerning the violation of

these provisions, however, this data is not disaggregated by what caused the state of vulnerability or

dependence – be it disabilities or other circumstances.

Consequently, Denmark does not have ready available data illustrating to what extent persons with

disabilities – in general – report violence, exploitation or abuse to the police.

The Danish Criminal Code does contain a specific provision concerning the

sexual

exploitation of persons

with

mental

disabilities. It follows from Section 218 of the Criminal Code that any person who exploits the

mental disorder or mental retardation of another person to engage in sexual intercourse is sentenced to

imprisonment for a term not exceeding four years.

Please find below a table concerning violations of Section 218 covering the period 2009-2013 showing the

number of police reports, preliminary charges, indictments and convictions etc.

2009

Reports

Preliminary charges

Indictments

Withdrawal of charges etc.

Acquittals

Convictions

2010

2011

2012

2013

The Danish Independent Police Complaints Authority (IPCA) handles investigation of criminal cases against

police officers and considers and decides complaints of police misconduct. IPCA was established by Act No.

404 of 21 April 2010, which entered into force on 1 January 2012.

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IPCA has no specific registration of criminal cases or complaints concerning persons with disabilities, and

can therefore not provide valid statistics on the subject. However, a survey among the employees has

shown that the authority since 1 January 2012 has dealt with at least 14 cases concerning persons with

disabilities. Only in one of these cases, the complaint was lodged by a woman.

7 out of 14 cases are still pending. In one of the 7 cases in which a decision has been made the IPCA has

expressed criticism of the police officers involved. The other 6 cases did not result in expression of criticism.

17. PLEASE PROVIDE INFORMATION ON SPECIFIC MEASURES THAT HAVE BEEN TAKEN TO PROTECT PERSONS WITH DISABILITIES,

ESPECIALLY WOMEN AND GIRLS WITH DISABILITIES, FROM ALL FORMS OF EXPLOITATION, VIOLENCE AND ABUSE; AS WELL AS

MEASURES THAT HAVE BEEN TAKEN TO ENSURE THAT PERSONS WITH DISABILITIES WHO ARE VICTIMS OF VIOLENCE HAVE ACCESS

TO EFFECTIVE RECOVERY, REHABILITATION AND SOCIAL INTEGRATION SERVICES AND PROGRAMMES.

According to the Act on Social Services paragraph 109 the municipal council shall offer temporary

accommodation facilities for women who have been exposed to violence, threats of violence or a

corresponding crisis in relation to family or cohabitation relationships. The women may be accompanied by

children and shall receive care and support during their stay. This obligation for the municipality also

includes women with disabilities, who are victims of violence or threats of violence.

According to section 110 of the Act, the municipal council shall provide temporary accommodation in

facilities for persons with special problems who have no home or who cannot stay in their own home and

who are in need of accommodation and activating support, care and subsequent assistance. This obligation

includes men with disabilities, who are victims of violence from a partner and are in need of leaving their

residence.

With the aim of testing the possibilities of qualifying the efforts towards families with violence, including

families that include persons with disabilities, there are established a pilot-project with a center of

intervention where both victims and perpetrators can get advice. The center of intervention serves both

the victim and the perpetrators and will assist with referrals of both parties to further assistance including

to municipal services.

Municipalities are pursuant to the Law on Social Services section 19 obligated to have political adopted

remedies for the prevention, early detection and treatment of incidents of child and adolescent abuse

including violent abuse and violence against children and adolescents with disabilities. The municipality

must therefore have a clear focus on the interventions towards the children that are subject to or in risk of

violence

With the aim of an early intervention to ensure good and safe conditions for the upbringing of children, the

legislation on social services have stated a specific obligation for citizens and professionals, including the

police, to alert the municipality in cases where they become aware of violence or other kinds of child

negligence. This obligation also covers in the case of children with disabilities.

Furthermore, Denmark has recently taken several legislative steps to improve the support and protection

of victims in general. One of the initiatives is a Crime Victim Fund that will provide economic support to

activities aimed at improving the situation for crime victims, initiated by researchers, NGOs, public bodies,

private institutions and others who deal with problems concerning crime victims in their profession.

The Criminal Injuries Compensation Board has also been strengthened to enable the board to make

decisions on victim compensation faster and more efficiently.

18. PLEASE EXPLAIN UNDER WHAT EXCEPTIONAL CIRCUMSTANCES FORCE MAY BE USED ON PERSONS WITH “SIGNIFICANT AND

LASTING IMPAIRED MENTAL FUNCTIONAL CAPACITY.” ARE THESE CIRCUMSTANCES COMPATIBLE WITH ARTICLE 16 OF THE

CONVENTION?

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In order to use compulsory treatment, the patient must be insane or in a condition of mental disorder. The

criterion “mental disorder” is construed restrictively, and so it must be a condition that cannot be

distinguished from insanity.

Protecting the integrity of the person (art. 17)

19. PLEASE ALSO INDICATE THE MEASURES THAT HAVE BEEN TAKEN TO PREVENT FORCED STERILIZATION OF PERSONS WITH

DISABILITIES, ESPECIALLY WOMEN AND GIRLS.

Forced sterilization of persons with disabilities was abolished in Denmark in 1967 (by Act no. 234 of the 3rd

of June 1967). According to § 110 and § 111 in the Danish Health Act sterilization of people with mental

disabilities always requires special permission. The current rules are based on the principle that a request

for sterilization must come from the person him- or herself or - under certain circumstances – the custodial

parent or a specially appointed guardian.

Liberty of movement and nationality (art. 18)

20. Please Provide Information On The Implementation Of The Naturalisation Law And How Decisions To Allow Exemptions On The

Grounds Of Disability, For Danish Language And The Special Naturalization Test Are Taken.

Pursuant to section 44 of the Danish Constitution, no alien can obtain Danish nationality other than by an

Act of Parliament (naturalisation). Naturalisation is therefore the exclusive prerogative of the Legislature.

In order to be eligible for Danish nationality a person must satisfy the conditions that are set out in the

Circular Letter No. 9253 of 6

June 2013. This includes among others that the applicant documents skills in

the Danish language and that the applicant documents to have passed a citizenship test. A person with

disabilities can achieve permission to use facilities during the tests, including among others extended test

time and use of technical tools.

Furthermore, a person who is diagnosed with a long-term physical, mental, intellectual or sensory

impairment can be exempted from the language condition and citizenship test condition, if the person

concerned – as a result of the impairment – is incapable of or does not have a reasonable prospect of

satisfying these conditions. It is the Naturalisation Committee of the Danish Parliament which – by majority

decision – decides whether a person can be granted exemption.

The application will be submitted to the Naturalisation Committee if the applicant medically documents

that he or she has a long-term physical, mental, intellectual or sensory impairment and that there is a

causal relation between the impairment and the lacking fulfillment of the conditions.

Living independently and being included in the community (art. 19)

21. PLEASE PROVIDE DATA ON THE PERCENTAGE OF PERSONS WITH DISABILITIES LIVING IN INSTITUTIONS AND HOW MANY OF

THEM ARE INVOLUNTARILY CONFINED.

It is a guiding principle in the Danish disability policy that the needs of the individual, and not the type of

accommodation, decides what assistance should be provided. Consequently, accommodation and services

are separated, and persons with disabilities live independently. In 1998 the Act on Social Services was

adopted, and it states that the municipality council must ensure personal and social development for

persons with disabilities. This means for example that local authorities are to provide independent living

and inclusion in the surrounding community for persons with disabilities.

In Denmark housing units for persons with disabilities are built pursuant to the Act on Social Service or

pursuant to the Act on Social Housing. Applicants who are eligible for long-term accommodation facilities

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under the Danish Act on Social Services or for social housing for elder people and persons with disabilities

and meet the conditions for obtaining such accommodation facilities, are entitled to choose between such

facilities and to move from one facility to another.

Persons in housing units under the Act on Social Service

Temporary accommodations

(Act

on Social Services , para

107)

534

3356

2035

561

6486

Long-term accommodations

(Act

on Social Services , para

108)

1450

4449

2406

116

8421

Impairment of physical function

Impairment of mental function

Mentally ill

Special social problems

Total

Person in housing units under the Act on Social Housing

Dwellings

(Act on Social Housing § 105)

6771

1291

8062

Nursing Dwellings mainly for persons with

mental/physical handicaps

General dwellings mainly for persons with

mental/physical handicaps

Total

Source: Statistic Denmark 2013

Additional the stock of dwellings which are suitable for persons also contains approx. 35.000 dwellings for

elderly.

Denmark does not list if people are involuntarily confided in housing units for persons with disabilities.

Under section 129 in the Act on Social Service the rules for admission to special accommodation facilities

without consent are described. The municipality council may recommend that the state administration

should decide that a person objecting to removal or lacking the capacity to give informed consent hereto,

but see subsection hereof, shall be admitted to a specific commendation. A person can only be moved

from one housing to another if:

1. It is absolutely required in order to ensure that the person receives the necessary assistance.

2. The assistance cannot be provided in the person’s existing home,

3. The person cannot understand the consequences of his/her actions

4. The person risks exposing herself/himself to substantial personal injury

5. It would be irresponsible not to arrange for the person to move.

Furthermore the municipality shall, for crime-prevention purposes supervise persons who, under a

judgment or order under terms for dismissal of charges or probation, must be subjected to supervision by

the social authorities.

22. PLEASE PROVIDE INFORMATION ON THE IMPLEMENTATION OF THE DANISH SOCIAL SERVICES ACT AT THE NATIONAL AND

LOCAL LEVEL, AND PROVIDE CONCRETE EXAMPLES ON THE SUPPORT PROVIDED TO PERSONS WITH DISABILITIES TO LIVE

INDEPENDENTLY AND INCLUDED IN THEIR COMMUNITY.

As described earlier the local authorities (municipalities) are responsible for implementing and

administering the legislation and provisions issued at the state level. The decentralized organization

ensures design and delivery of social services as close to the citizen as possible. The municipalities provide

the help on the basis of a specific and individual assessment of a person’s need for assistance. Regardless of

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the type of help it must be planned to be provided in respect of the self-determination, needs and

resources of the individual.

Since 2006, each local municipality in Denmark has been obliged to set up a local disability council. The

local municipality must consult the disability council on any initiatives impacting on persons with

disabilities. The provisions on disability council appear in section 37a of the Act on Legal Protection and

Administration in Social Matters. The disability council shall advise the local council and help communicate

disability-policy viewpoints between citizens of the local authority and the local councilors. There are 3-7

members in the council from local disability associations appointed by the Danish umbrella organization for

disability associations and 3-7 members appointed by the local council.

On 1 January 2014 a new national social supervision (Tilsynsreformen) was established. The social

supervision’s task is to assess and approve the quality of the e.g. long-term accommodations. For this

purpose the government has developed a quality model.

The quality model includes indicators for a

number of themes. The accommodations are e.g. being measured on how they support persons with

disabilities’ independence, social relationships and network in the surrounding community, as well as in

education and employment opportunities. The goal with the social supervision is to provide a systematic

and focused assessment of each accommodation.

In the Danish Government’s action plan, which has been described earlier, there are two initiatives aiming

to strengthen persons with disabilities to participate equally in everyday activities and living as

independently as possible.

23. PLEASE PROVIDE INFORMATION AS TO WHY THERE IS NO LEGAL REMEDY FOR PERSONS WHO RECEIVE LESS THAN NINE HOURS

FOR PERSONAL ASSISTANCE PER WEEK, IN CASE THEY HAVE A COMPLAINT.

It is unclear what the Committee means with this question. Unless otherwise provided by the Act on Social

Services or by the Act on Legal Protection and Administration in Social Matters, decisions by the municipal

council may be appealed to the National Social Appeals Board (Ankestyrelsen) in pursuance of the rules of

Part 10 of the Act on Legal Protection and Administration in Social Matters.

Regarding personal assistance to children, it can be mentioned that in relation to a change made in The

Public School Act in 2000 it became possible for parents to file complaints to a special complaint

commission regarding decisions about extensive special needs education. Extensive special needs

education was here defined as teaching in classes or schools for special needs education or as support

given in the majority of the lessons.

In 2012,

special education was defined to be teaching where pupils are given support in at least 9 hours per

week.

In order to make sure that the right to complain is not reduced for parents, whose children receive

less than 18 lessons per week it was decided that parents, whose children have for example 16 lessons per

week can file a complaint too if their child receives support for more than eight hours per week. Students

who have less than 18 lessons may be students in the kindergarten class. This prevents deterioration of the

previous state of justice, where it was possible to complain if parents thought their child needed support in

the majority of the teaching time.

In light of the above mentioned The Ministry of Education finds that the quality assurance of the education

in public schools, including offers to students who receive less than 9 hours per week, is sufficient.

The Ministry of Education therefore do not identify a need to establish a complaint system, where it can be

decided, whether a child receives the support and adjustment he or she needs, and whether the support is

given in surroundings promoting inclusion.

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It is stated that private boarding schools as well as private primary and lower secondary schools are obliged

to offer personal assistance to students in need of such, in order to help the student overcome practical

difficulties in the context of their education. Subsidies of personal assistance can be provided on the basis

of an application and decision from The National Agency for Quality and Supervision. These decisions are

subjects to the appeal system of The Legislation of Private Primary and Lower Secondary Schools and The

Legislation of Private Boarding Schools.

The Ministry of Education finds that the quality assurance of the education in private independent schools,

including offers to students, who receive less than 9 hours per week, is sufficient.

The Ministry of Education therefore do not identify a need to establish a complaint system, where it can be

decided, whether a child receives the support and adjustment he or she needs, and whether the support is

given in surroundings promoting inclusion.

Student in both public and private schools with need for support will be offered assistance through, for

example, differentiated teaching, division of the student into smaller groups or co-teaching and use of

teaching assistants for the benefit of the individual student as well as the entire class.

Freedom of expression and opinion, and access to information (art. 21)

24. PLEASE PROVIDE INFORMATION ON STEPS THAT HAVE BEEN TAKEN TO OFFICIALLY RECOGNIZE DANISH SIGN LANGUAGE AS AN

OFFICIAL LANGUAGE.

On May 13 2014, the Danish parliament passed a law which establishes a Danish sign language council

(Dansk Tegnsprogsråd). The Danish sign language council’s task is to develop principles and guidelines

concerning documentation of the Danish sign language and to provide advice and information on the

Danish sign language.

Respect for privacy (art. 22)

25. PLEASE PROVIDE INFORMATION ON MEASURES TAKEN TO PROHIBIT PRACTICES OF THE EXCHANGE OF CONFIDENTIAL

INFORMATION WITHOUT THE INDIVIDUAL’S CONSENT WHICH IS PERMITTED UNDER THE PSYCHIATRY ACT AND TO ENSURE THE

RESPECT OF PRIVACY OF PERSONS WITH PSYCHOSOCIAL DISABILITIES.

The Danish Health Act regulates the disclosure of health information. Special rules apply to those

psychiatric patients who are assumed not wanting to seek the necessary treatment after being discharged

from hospital. In these situations a voluntary agreement is being made between the patient, the psychiatry

and other relevant actors if possible. If the patient does not want a voluntary agreement, a coordination

plan will be established. The regulations of these two plans for the psychiatric patient’s further treatment

provide the basis for the exchange of the relevant personal data.

Respect for home and the family (art. 23)

26. PLEASE PROVIDE ADDITIONAL INFORMATION ON THE IMPLEMENTATION OF THE DANISH FORMATION AND DISSOLUTION OF

MARRIAGE ACT. PLEASE INDICATE WHAT MEANS ARE AVAILABLE TO CHALLENGE A DECISION, WHEN THE GUARDIAN AND THE

CHAIRPERSON OF THE LOCAL COUNCIL REFUSE TO AUTHORIZE THE MARRIAGE OF A PERSON UNDER GUARDIANSHIP.

According to the Act on Formation and Dissolution of Marriage a person under guardianship cannot get

married without consent from the guardian. However, the municipality – the authority performing

marriages in Denmark – may permit a person under guardianship to get married, even though the guardian

has not consented to the marriage.

If the municipality does not permit the marriage, this decision may be appealed to The Ministry of Children,

Gender Equality, Integration and Social Affairs by the person under guardianship. Such cases are very rare.

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If the guardian abuses his or her position, the guardian can be dismissed according to the Danish Act on

Legal Incapacity and Guardianship. A guardian is also dismissed if this is necessary, taking the best interests

of the person under guardianship into account. Furthermore, the State Administration is competent to

change or annul a decision on guardianship at any time and on its own initiative. Also, the State

Administration can act upon request from a wide group of persons, including the person under

guardianship.

27. PLEASE PROVIDE INFORMATION ON MEASURES TO SUPPORT PARENTS OF CHILDREN WITH DISABILITIES AND TO PREVENT

CHILDREN WITH DISABILITIES FROM BEING SEPARATED FROM THEIR FAMILIES AND PLACED IN ALTERNATIVE CARE.

The Danish Act on Social Service provides a number of opportunities to support parents of children with

disabilities to be able to live together.

Support measures aimed at the child and family may include:



Reimbursement of extra costs incurred as a consequence of the child’s disability or

illness



Compensation for loss of earnings if parents maintain their child with disability or long-

term illness under the age of 18 in the home.



Various types of relief, e.g. domestic help, day-care facilities, foster family care,

occasional overnight stays in special day-based treatment programs etc.



Cover expenses to aids, relocation, home layout and car purchase.



15 hours of attendance a month to children and young persons between 12 and 18 years with

disabilities.



Assistance as for instance special day-care, a special club, a normal day-care with support or by the

parents in the home.



Practical, educational or other support in the home



24-hour residential care of both the person having custody, the child or the young person and other

family members



Relief arrangement in a foster family or at an approved place of care or 24-hour institution



Appointment of a personal adviser for the child or young person.



Appointment of a permanent contact person for the child/young person and the whole family.

Furthermore, the Act on Social Services states that support (especially regarding the five latter points) must

be provided at an early stage and on a continuous basis. Hereby any problems encountered may as far as

possible be remedied in the home or the immediate environment. Where possible, the difficulties of the

child or young person shall be resolved in consultation and cooperation with the family. Where this is not

possible, the background, purpose and constituent features of the specific measure taken shall be

explained to the custodial parent as well as to the child or young person.

In addition the Danish Government is currently focused at supporting families with children with disabilities

so the family is able to stay together. It is reflected in the National Action Plan for people with disabilities in

which the government has allocated DKK 40 million to an initiative regarding support to families with

children with disabilities. The initiative aims to strengthen parents’ ability to handle a child with disabilities

and thereby increasing the overall wellbeing of families with children with disabilities –both for parents,

siblings and the child with disability.

Finally The Danish Government has allocated a significant amount in the period 2014-2017 to initiatives

that ensure early support for vulnerable children, which also includes children with disabilities. As part of

the implementation the Danish Government presented a bill in the Danish Parliament in March 2014 that

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highlights the importance of early, preventive support. The bill will enter into force in October 2014. Other

initiatives include e.g.:



Efforts to strengthen the parental capability of especially vulnerable parents.



Initiatives to strengthen the early support for vulnerable children in day care.



Efforts to promote the use of participation in leisure activities such as sports, musical training and

scout associations in municipalities’ early preventive support for vulnerable children.

Education (art. 24)

28. PLEASE EXPLAIN WHAT TRAINING IS UNDERGOING BY TEACHERS IN ORDER TO ENABLE THEM TO ADOPT AN INCLUSIVE

EDUCATION SYSTEM.

Danish teachers are trained for adopting an inclusive teaching environment both during their initial teacher

education (ITE) and through various continuous professional development (CPD) programs.

The Initial Teacher Education

The Danish ITE program is a 4-year professional bachelor’s degree that provides the student teacher with

general pedagogical and didactical competences, as well as specific knowledge of (usually) three main

subjects (including subject specific didactics and pedagogy). The Danish ITE program also includes teaching

practice and ‘general education’.

The ITE program is regulated through a number of output-oriented competence objectives for each

element in the educational program. ‘Inclusion’ is included in a number of these competence objectives,

including the following mandatory objectives:



Student learning and development

Teaching proficiency

General education

Teaching practice (level II)

Teaching practice (level III)

In addition, ‘inclusion’ is a recurrent element in the competence objectives of the main subjects.

The Danish ITE also includes mandatory competence objectives concerning Danish as a second language

and Special needs and remedial training.

Continued Professional Education

Teachers and other professional groups can select CPD programmes from a wide range of higher

educational institutions, including academies of professional higher education, university colleges, and

universities.

Such programs include:

Academy Profession degrees (EQF level 5), in:



Social pedagogy

Youth and adult teaching

Diploma degrees (EQF level 6) in:

Pedagogical and social pedagogical work

Children’s language

Intercultural pedagogy

Supervision, mathematics

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

Pedagogy

Special needs education

Master degrees (EQF level 7) in:

Day care and primary school didactics

School teaching (primary and lower secondary)

Learning processes

Special needs education

The above listed educational programs are 60 ECTS each.

In addition to the listed programs, other programs (including 120 ECTS ‘candidate’ programs (EQF level 7))

deal with other aspects of inclusion, including Danish as a second language, pedagogy, and general and

subject-specific didactics.

Greenland

Primary school and thus municipalities are required to teach all children of school age. This also applies to

children with severe disabilities.

When a person with severe disabilities has completed primary school, the municipality prepares an action

plan for further education and/or work. This is regulated in the law on disability. For students in upper

secondary education vocational training and higher education apply broadly the same principles as for the

younger pupils.

29. WHAT STEPS ARE BEING TAKEN TO LESSEN THE HIGH LEVEL OF DROP-OUT OF CHILDREN WITH DISABILITIES OF THE EDUCATION

SYSTEM OF DENMARK, INCLUDING THE FAROE ISLAND AND GREENLAND?

Raising the achievement of all learners is an imperative in the Danish education system. The important

role to be played by inclusive education is recognised in the recent political initiatives to enhance

inclusion in the Danish public school and changing it to be able to challenge all students to reach their full

potential.

Such a change requires substantial capacities to develop and utilise competences and knowledge in new

ways. The Danish government is implementing a new reform of the primary and secondary school building

on the already pending goals set out for inclusive education.

The Government and several other parties in Parliament have agreed on a reform of the public school. The

reform has three focused goals:



The public school must challenge all students to reach their full potential.



The public school must lower significance of social background on academic results.



Trust in the school and student well-being must be enhanced through respect for professional

knowledge and practice in the public school.

The reform of the public school gives a new framework for developing the public schools and to achieve the

goals for inclusion.

The reform means:



More time spent in school with well qualified teachers and social educators.



30-hour school week for grade 0 to 3, a 33-hour school week for grade 4 to 6 and a 35-hour school

week for grade 7 to 9.

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

One extra weekly lesson in both Danish and Mathematics for all pupils in grade 4 to 9.

English language from grade 1 with one weekly lesson in grade 1 and 2.

One daily lesson with physical exercise each day.

“Supplementary teaching/activity lessons”. These lessons will allow teachers and pedagogues to

create a more varied, exciting and motivating school day for the students.



The Common Objectives will be qualified and simplified with a focus on the student’s learning

outcome.

Learning environments that address all children:



The reform of the municipal primary and lower secondary school (The Danish folkeskole) gives a new

framework for

Differentiation in teaching

Temporary subdivision of class

Compulsory metering

of well-being

Strengthening teacher competences

Teachers and pedagogues must work together

Strengthening of ordinary teaching as the most important focus to support the process

towards greater inclusion.

In relation to both the goal for inclusion and the reform, supporting and building capacity in the schools and

the municipalities is crucial. In order to support a targeted and better in-service training of teachers, the

government has reserved 1 billion Danish kr.

Inclusion is one of the prioritised areas and targets for competence development.

In order to support improved inclusion in day-care facilities and schools the government has established a

national corps of “learning consultants” that include inclusive counselling. A public school resource centre is

established to support and supplement the corps of learning consultants how to challenge all students and

an inclusive learning environment The resource centre contributes to ensure utilisation of existing

knowledge and to develop new knowledge for instance in relation to children with disabilities.

The Government has agreed with the local government’s organisation on a range of initiatives moving

towards greater inclusion.

The Government’s goal: 96 percent of students in public schools will receive teaching in ordinary classes

within 2015. Today it is 94, 8 percent.

Research and development projects under the auspices of the Resource Centre for Primary school

Inclusive pedagogy – differentiated teaching and learning environments

One of the core principles in the Danish public school is the requirement to provide differentiated teaching.

Teachers need to deliver personalised instruction and at the same time develop a learning environment

where everybody has a sense of community. Knowledge is needed to organise teaching so that all pupils in

the classroom can learn and develop effectively within this community and feel part of it, in spite of their

different interests and needs. It is also important to explore what will generate a learning environment that

supports their potential for further development – also within an inclusive community.

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• Exemplary education courses with focus on differentiated teaching and pupils with special needs.

This project aims to develop and test exemplary education courses with focus on differentiated teaching

and teaching of pupils with reading and writing difficulties and attentive deficit.

• Inclusion in subject areas.

The project investigates contents and methods within individual subject areas, to find out how these can

support the development of inclusive learning environments for all pupils. The project will generate new

projects in practical/art subjects, humanities and science.

Programme on pupils' inclusion and development

A comprehensive research project includes a national panel survey with approximately 9,300 pupils to be

followed during the next three years, in order to gather knowledge and analyse their experiences with

inclusion. Quantitative as well as qualitative studies will identify initiatives taken to support pupils'

development. The panel and the analyses will focus on pupils, who have moved from segregated provisions

to mainstream education.

• Mastering learning and social integration in mainstream settings.

The Centre develops and tests learning courses for pupils with special needs to master learning and social

integration in mainstream education settings. This project is part of the programme on pupils' inclusion and

development.

• Pupils' roles in inclusive learning environments.

Another project is initiated to develop and test pupils' support of inclusive learning environments outside

the classroom, e.g. classmates or older pupils to support the inclusion of pupils with special needs.

Regarding the post-secondary educations of students with disabilities, the Ministry of Education is not

aware of a high-level drop out. The secondary educations are open to everyone who has finished the

compulsory primary school. The educational legislation ensures that students in need of special educational

assistance are entitled to have it provided by the educational institutions through the National Agency for

Quality and Supervision in the Ministry of Education.

Greenland

Pupils whose development requires special consideration must be offered special education or other

special educational assistance. The school is committed to provide this up to and including the tenth school

year. Then there may be opportunities in the rules of leisure education.

Primary school is also required to ensure that the conditions for teaching students with severe disabilities

are present. The school must therefore ensure that:



The school building is designed in such a way that children with physical disabilities to train and move

into the building according to current building regulations



There is support for those students who need it



There is the necessary special teaching materials and aids



There is transport between home and school



There is an interpreter for the deaf and hard of hearing students

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Disabled regulations are only in special cases used to grant special, individual devices for use in school and

aids homework at home, for example:



Computer equipment including laptop



Special furniture for example adjustable table and chair

Faroe Islands

In accordance with law of the Løgting No. 125 of 20 June 1997 about the municipal primary and lower-

secondary school (fólkaskúlin), as revised in law No. 67 of 26 May 2011 compulsory education is 9 years. It

is tradition in the Faroe Islands that public elementary and secondary school is for all, and there is only one

special school, the Skúlin á Trøðni. This year, 47 pupils from around the country attend this school. The

regular school system accommodates remedial classes for pupils with special needs. This system is

currently being evaluated.

In section 38 of the Executive Order about upper secondary (high school) programmes No. 9 of 22 January

2013 student counsellors are required to offer advice to pupils regarding social, personal and financial

problems. Executive Order No. 94 of 22 June 2000 about special support to pupils with physical or mental

disabilities, as revised in Executive Order No. 28 of 6 March 2001, also instruct upper secondary schools to

inform Sernám (an assessment, counselling and case management service for children and youth under the

department for the Ministry of Culture and Education) and thus endeavour to secure that pupils requiring

special attention due to mental or physical disabilities receive necessary support.

Efforts are also made to strengthen educational competencies in upper secondary schools. For example,

student counsellor training has been introduced to enhance the quality and scope of the counsellor

profession. The counsellor training is designed to reinforce the counsellor’s basic competence with regard

to addressing the well-being of students and to increase the general sense of motivation.

Regarding students in higher education it is worth mentioning that in accordance with the law for the

Faroese University (Fróðskaparsetur Føroya) students in need of educational help or support are entitled to

an offer to this effect. Also, the law stipulates that students, who are prevented from following

conventional tuition due to disabilities, in certain circumstances receive offer of extended time limit on

education and special tools to facilitate completion of the education in question. In accordance with Law of

the Løgting No. 62 of 15 May 2012 about upper secondary education, as revised in Law of the Løgting No.

54, of 15 May 2014, §2, section 3, the principal of the educational institution may, with the Minister’s

approval, establish and offer other subject paths and specially adapted educational options for students

with special needs. A similar proposal intended for vocational schools is also being considered.

30. PLEASE PROVIDE INFORMATION ON DANISH SIGN LANGUAGE AND WHETHER DEAF PERSONS HAVE THE OPPORTUNITY TO

CHOOSE IF THEY WANT TO BE EDUCATED WITH SIGN LANGUAGE OR WITH OTHER MEANS OF COMMUNICATION.

Most deaf children in Denmark are offered the operation, Cochlear Implant (CI), which gives them the

possibility to hear and develop an age-appropriate speech.

The Ministry of Health prescribes clinical guidelines for follow-up treatment, and afterwards the children

should be given special educational assistance in both daycare and school. Specialist advice may include

sign language if the child needs it.

In November 2013 the Government and all other parties in Parliament have agreed on ”Agreement on

qualified assistance to groups with special needs”. Pursuant to this agreement, the State is responsible for

providing specialized consulting services to the group of children with severe hearing losses. The state will

be responsible for coordinating the development of knowledge in the field.

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After the agreement new legislation has been implemented to ensure better cooperation and coordination

of the specialized efforts, which also will be supported by course descriptions.

If a deaf or hard of hearing person attends a secondary school, a vocational school or any higher education

the student can apply for special educational assistance at the National Agency for Quality and Supervision

in the Ministry of Education. The need of support for deaf or hard of hearing students is either interpreting

service, live captioning or assistive technology depending on the degree of hearing loss. Further needs can

for example be note taking support in the classroom. If the student is deaf and sign language user, the need

of support will be sign language as this is the primary language of the student. The student can have

interpreting service for every course where it is necessary. There is no limit to the number of assigned

hours of interpretation of academic content.

Greenland

It is possible to have an interpreter for the deaf and hard of hearing students.

31. PLEASE PROVIDE INFORMATION ON HOW INCLUSIVE EDUCATION SYSTEM IS GUARANTEED ON AN EQUAL BASIS ACROSS ALL

MUNICIPALITIES, INCLUDING THE FAROE ISLANDS AND GREENLAND.

To meet this challenge the Self-Government has agreed with the local government’s organisation on a

range of initiatives moving towards greater inclusion.

The Self-Government supports all municipalities’ adjustments to greater inclusion. A new Public School

Resource Centre and a national corps of learning consultants work with building capacity and sharing

knowledge about how to challenge all students and an inclusive learning environment.

Together with the local government’s organisation, the government monitors developments closely

through annual representative surveys in 12 municipalities and nationwide data from all municipalities.

Regarding the post-secondary educations, the programs are here open to everyone who has finished the

compulsory, primary school without limitations regarding the students’ possible disabilities. Inclusive post-

secondary educations are furthermore ensured by the educational legislation which decides that students

with disabilities are entitled to the necessary support. The educational institutions can provide the support

through the system of special educational assistance which ensures a national standard

Greenland

Legislation.

Self-Government Order No. 23 of 30 December 2013 on assistance for persons with severe

disabilities. Chapter 1. Scope and definitions.

§ 1 This notice applies to persons with severe disabilities.

§ 2 In people with severe disabilities are persons who have a significant disability due to a permanent

physical or mental illness, injury or defect. It is a requirement that the significant functional impairment

creates a substantial loss or a significant reduction in the person's capacity to live a normal life and in the

person's ability to participate in society on an equal basis with other citizens.

Paragraph 2: The physical or mental illness injury or lack of lasting when it is likely that the person the rest

of his life will be referred to the physical or mental illness injury or defect.

Faroe Islands

In accordance with law of the Løgting No. 125 of 20 June 1997 about the municipal primary and lower-

secondary school (fólkaskúlin), as revised in law No. 67 of 26 May 2011, the ‘fólkaskúlin’ is a public

educational institution, which serves to the basic purpose of taking into account and to meet the individual

requirements of all pupils and to support development and maturement of personal and social skills. The

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Faroese ‘fólkaskúlin’ is centrally administered by the state and, hence, not placed with municipal

authorities.

Work and employment (art. 27)

32. PLEASE PROVIDE INFORMATION REGARDING THE REASONS FOR THE DECLINE IN THE PERCENTAGE OF PERSONS WITH

DISABILITIES IN THE OPEN LABOUR MARKET. FURTHER, PLEASE PROVIDE ADDITIONAL INFORMATION ON INITIATIVES BEING TAKEN

BY THE STATE PARTY TO REVERSE THIS TREND AND TO SIGNIFICANTLY INCREASE, AS SOON AS POSSIBLE, THE PERCENTAGE OF

PERSONS WITH DISABILITIES IN THE OPEN LABOUR MARKET.

The Danish Government can present the following statistics:

Statistics

According to a report from the Danish National Centre for Social Research (SFI), the employment among

people with a disability or long-term health problem is significantly lower than among people without

disabilities. The data in the report and therefore the employment rates are based on a survey.

In 2012 the employment rate was 43.9 among people with disabilities and 77.5 percent for people without

disabilities, cf. figure 1. Despite the different employment levels, the report shows that during the period

2002-2012 there was no difference in the development of the employment rates for people with and

without disabilities. Both groups have experienced relatively large declines in employment during the

economic crisis but no significant change from 2002 to 2012.

Figure 1.

Employment rates among people with and without disabilities, 16-64 years, from 2002 to 2012.

Seasonally adjusted employment.

Note: The employment rate for people with disabilities includes supported employment.

Source:

The Danish National Centre for Social Research (SFI)

For people with disabilities the seasonally adjusted employment rate was 46.2

percent in 2010 and 43.9 percent in 2012. For people without disabilities the

employment rate was 77.2 percent in 2010 and 77.5 percent in 2012.

Due to the sample size there is a

statistically uncertainty associated with the results.

Initiatives

The starting point of the employment enhancement measures for people with disabilities is that they

receive the same measures as other unemployed on the basis of the unemployed person’s needs and

individual challenges. If a person’s disability is a barrier to obtain employment, there are certain special

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possibilities in the legislation which can be initiated as a supplement to the ordinary employment

enhancement measures. Such measures may include a personal assistant in order to ensure a focused aid

to the particular person with disabilities.

Besides the initiatives already mentioned in the report to the Committee on the Rights of Persons with

Disabilities in 2011, the incumbent Government has e.g. launched additional relevant initiatives.

The Government has completed several comprehensive reforms that in different ways support the

intention that more people with disabilities must be included in the labor market.

One of the results of

The Reform of the Incapacity Benefits and Flex Jobs

is that the most vulnerable

persons on the labor market receive new measures and help to get further on in life. At the same time the

flex job-system is especially focused on persons with a very limited ability to work. In this context, the

Government has set aside 465 million Danish kroner on last year's budget in order to create more flex jobs.

An essential part of

The Reform of Cash Benefits

(includes persons on cash benefits /social assistance) is to

support unemployed that due to social or health problems have difficulties finding a job or completing an

education. The main goal of the Reform is that no one should be left to themselves and that everyone

should have access to the help and support they need in order to get employed or get an education and

become self-supporting.

For example, persons that are hospitalized with a psychiatric disease will have a right to be assigned a

‘discharge coordinator’. The right of a discharge coordinator exists before, during and after the person has

been discharged from hospital. The coordinator will help to restore and support a normal everyday life with

home, family, finances, networking and work. In addition to this, opportunities for mentoring have been

strengthened and targeted those unemployed who need it the most.

An Action Plan for the Danish Government's disability policy was published in 2013. The Action Plan

supports the coordination and prioritization of disability, including implementation of the

Convention on

the Rights of Persons with Disabilities.

The Action Plan will help to ensure more people with disabilities in both education and employment. The

plan includes the following three visions:



The Government works towards a society that respects diversity and where people with disabilities

are included as citizens in all social communities.



The Government works towards a society that supports people with disabilities to achieve greater

self-determination, participation and responsibility for their own lives.



The Government works towards a society where the focus is on the individual's resources and how

people with disabilities are supported to achieve their full potential.

In addition to this, the Government has launched an analysis of the active employment measures for the

unemployed. An important part of this investigation - conducted by an expert group - is a particular focus

on citizens that are further away from the labor market. Following this analysis, the Government will

consider further initiatives that will support the opportunities of marginalized citizens, including people

with disabilities.

Adequate standard of living and social protection (art. 28)

33. PLEASE PROVIDE INFORMATION ON THE EARLY RETIREMENT REFORM WHICH MAY PRECLUDE PERSONS WITH DISABILITIES

UNDER THE AGE OF 40 TO HAVE ACCESS TO DISABILITY PENSIONS. PLEASE PROVIDE INFORMATION ON THE MEASURES ADOPTED

TO GRANT NON-CONTRIBUTORY PENSIONS TO PERSONS WITH DISABILITIES, INCLUDING THOSE WHO NEED MORE INTENSIVE

SUPPORT.

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Persons with severe injuries can be granted a public disability pension that is non-contributory. Persons

with disabilities may apply for disability pension or public assistance on an equal basis with others if their

functional impairment renders them unable to support themselves and their families.

January 2013 the reform of disability pensions was implemented. From 1

January 2013 the disability

pensions system has changed. For instance will people under the age of 40 in general no longer be granted

disability pension, unless it is evident that they will never be able to take up work again. The primary tool is

a new rehabilitation model. Instead of disability pension, people with substantially reduced work capacity

will be offered individually tailored rehabilitation and support measures for up to 5 years.

Awarding of disability pension requires prior participation in at least one rehabilitation program and young

people can participate in additional rehabilitation programs successively. Those people, for whom it is

evident, that they will never be able to work again, are exempted from a rehabilitation program and must

still be granted disability pension regardless of age.

Participation in political and public life (art. 29)

34. PLEASE PROVIDE FURTHER INFORMATION ON THE IMPLEMENTATION OF THE NEW RULES ON ASSISTANCE IN VOTING OF THE

DANISH PARLIAMENTARY ELECTIONS ACT AND THE LOCAL AND REGIONAL GOVERNMENT ELECTIONS ACT. PLEASE INDICATE

WHETHER THESE RULES ALLOW PERSONS WITH DISABILITIES, ESPECIALLY PERSONS WITH INTELLECTUAL OR PSYCHOLOGICAL

DISABILITIES TO EXERCISE THEIR RIGHT TO VOTE AND PARTICIPATE IN POLITICAL LIFE.

Electors who on account of disability, poor health or for similar reasons are unable to access a polling

station or voting booth or in any other way are unable to vote in the prescribed way may under the Danish

Parliamentary Elections Act, the European Parliament Elections Act and the Local and Regional Government

Elections Act request the assistance needed to cast their vote.

In the sessional year 2008/09, the Danish parliament passed new rules in the election legislation, i.e. the

Parliamentary Elections Act, the European Parliament Elections Act and the Local and Regional Government

Elections Act on assistance in voting on Election Day and at advance voting, which entered into force on 1

April 2009. Under these rules all voters in need of assistance in voting may demand a person of their own

choice to provide such assistance together with a polling supervisor, an appointed elector or an advance

vote recipient. No voter is obliged to obtain assistance in voting. In addition, voters in need of guidance

regarding the content of the ballot paper or instruction on the procedure of voting may request such.

The rules on assistance in voting were also presented in Denmark’s initial state report to the Committee on

the Rights of Persons with Disabilities of 24 August 2011. There have not been any amendments to the

rules subsequently.

The rules on assistance in voting allow persons with disabilities to request the assistance needed to cast

their vote and thereby to exercise their right to vote and participate in political life. All voters in need of

assistance in voting may request it, also per-sons with intellectual or psychological disabilities. To ensure

that the voter is not ex-posed to undue influence, thus guaranteeing that people in need of voting

assistance can vote without intimidation and are free to express their will as voters, a polling supervisor, an

appointed elector or an advance vote recipient must be present, when assistance is being provided to the

voter by a person of the voter’s own choice. If a voter does not wish to appoint a personal assistant but

requests assistance in voting, the assistance will be provided by two polling advisors, appointed electors or

advance vote recipients to ensure the same purpose.

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C. Specific obligations

Statistics and data collection (art. 31)

35. PLEASE PROVIDE INFORMATION ON THE IMPLEMENTATION OF DOCUMENTATION PROJECT TO IMPROVE SOCIAL STATISTICS

AND HOW THE CONCEPT OF DISABILITY OF THE CONVENTION IS INTEGRATED IN DATA COLLECTION SYSTEM. PLEASE ALSO PROVIDE

INFORMATION ON WHETHER INDICATORS AND BENCHMARKS HAVE BEEN DEVELOPED TO ASSESS THE IMPACT AND RESULTS OF

THE PUBLIC POLICIES DESIGNED FOR THE IMPLEMENTATION OF THE CONVENTION. PLEASE PROVIDE INFORMATION ON THE DATA

COLLECTION IN GREENLAND AND THE FAROE ISLANDS.

Implementation of documentation

Statistics Denmark has established a documentation project to collect information about municipal

activities and their effects. The project is monitored by a steering committee and a working group that

include Local Government Denmark (KL), Danish Regions and the Ministry of Finance.

The system collects basis information that can be used for status updates once a year. The work is ongoing

in relation to decide which indicators will be ready for publication. The documentation project is at a good

start, but takes time to implement in all municipalities. Statistics Denmark will publish the data reported in

the system in August 2014, while aggregated data at national level will be published in the fall of 2014.

Indicators and benchmarks-implementation of the Convention

The Danish Institute for Human Rights and the Danish National Center for Social Research are cooperating

on identifying indicators to give status and overview on the Danish implementation of the Convention. It is

the ambition to use the indicators to focus on the significant challenges for persons with disability. The

indicators will be measured on an outcome level.

There is also appointed an advisory group who consist of representatives from Danish interest groups, the

relevant ministry’s and the Danish Parliamentary Ombudsman.

Greenland

According to the Greenlandic legislation on assistance and benefits to persons with disabilities, the local

authorities must send statistical information to the Greenlandic Ministry of Family and Justice, as the local

authorities is fully competent to give assistance and pay benefits to persons with disabilities. The local

authorities have recently introduced an IT system for data collection on assistance and benefits to persons

with disabilities, but are still feeding data into the IT system. Thereafter the collection of data will rest on a

detailed and valid basis.

Faroe Islands

Statistics Faroe Islands collect and publish information regarding housing and help-at-home to persons with

disabilities. Pensions and benefits to persons with disabilities are also collected and published each year.

Recently published Census-data, collected in 2011 and based on the whole of the population, gives

information on disability and education, and accessibility in workplaces for persons using wheelchairs.

The national centre for social service is currently implementing an IT-system to improve data collection in

general, amongst also data regarding persons with disabilities.

The Ministry of Social Affairs has initiated collection of data from Faroese interest groups, regarding citizen-

contact and public use of interest groups. Among those are the two major interest groups concerning

persons with disabilities.

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International cooperation (art. 32)

36. PLEASE PROVIDE INFORMATION ON THE INITIATIVES THAT HAVE BEEN TAKEN TO ENSURE THE MAINSTREAMING OF DISABILITY

INTO ALL AREAS OF INTERNATIONAL COOPERATION REGARDLESS OF THE ORIGIN OF THE ACTOR, AND IN PARTICULAR IN THE

PROJECTS RELATED TO THE DANISH DEVELOPMENT POLICY.

Danish development cooperation aims to achieve two equally important and interdependent aims: to

reduce poverty and promote human rights. The point of departure is a human rights based approach to

development cooperation based on the internationally agreed commitments and resting on the principles

of non-discrimination, participation and inclusion, transparency and accountability, cf. the strategy

The

Right to a Better Life.

Part of this entails working to ensure that the rights of the most vulnerable and

marginalized population groups are respected. These overall principles guide Denmark in our dialogue with

development partners at national and international level as well as our concrete development

engagements.

The

Strategy for Danish support to civil society in Developing Countries

(2008), specifically mentions persons

with disabilities as a target group. The

Policy for Danish Support to Civil Society

(May 2014) succeeded the

strategy and builds on the human rights-based approach to Danish development assistance enshrined in

the overall development strategy,

The Right to a Better Life.

In the introductory chapter to the

Policy for

Danish Support to Civil Society,

reference is made to the United Nations Charter, the Universal Declaration

of Human Rights and the United Nations’ nine core conventions. Again, the policy mentions persons with

disabilities as a target group.

National implementation and monitoring (art. 33)

37. PLEASE PROVIDE ADDITIONAL INFORMATION ON THE COMPOSITION AND FUNCTIONS OF THE INTER-MINISTERIAL COMMITTEE

OF CIVIL SERVANTS ON DISABILITY MATTERS. PLEASE ALSO EXPLAIN HOW THE COMMITTEE INTERACTS WITH PERSONS WITH

DISABILITIES AND THEIR REPRESENTATIVE ORGANIZATIONS, AS WELL AS WITH AUTHORITIES AND ORGANIZATIONS OF GREENLAND

AND THE FAROE ISLANDS. PLEASE INDICATE WHEN THE FAROE ISLAND WILL HAVE A SIMILAR ARRANGEMENT AS IN DENMARK AND

GREENLAND.

The overall objective of the Ministries’ Disability Committee (previously the Inter-ministerial Committee of

Civil Servants on Disability Matters) is to help create a coherent disability policy effort in line with

government goals and visions, including the coherence of government initiatives. The Committee is also

acting as a forum for dealing with cross-cutting challenges, network building and knowledge sharing on

current disability policy issues, including the continued implementation of the UN Convention on Rights for

Persons with Disabilities. Finally, the Committee provides a forum for dialogue with stakeholders and actors

in civil society around the current disability policy issues.

The Committee’s tasks are:



To support a coherent disability policy which is based on sector responsibility, but which also

supports the coordination, coherence and cooperation between sectors.



To follow the implementation of the Government’s recently launched action plan for the disability

area.



To facilitate cross-cutting interventions in different sectors and at different levels of implementation

of the UN Convention (cf. art. 33.1) in the central administration.



To share knowledge on specific tasks in order to create a joint management of cross-cutting issues,

including non-discrimination.



To cooperate with stakeholders and civil society concerning disability policy initiatives.



To create contacts across ministries to help solve tasks for the government on disability matters.

Denmark has a sector responsibility principle, which means that the public sector providing services or a

product is responsible for ensuring that the service is accessible to people with disabilities. Because of that

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Reply by the Government of Denmark to the list of issues (CPRD/C/DNK/Q/1). Copenhagen, June 2014

all ministries are part of the committee. As the coordinating ministry on disability matters, the Ministry of

Children, Gender Equality, Integration and Social Affairs acts as Chairman of the Committee.

To contribute with new perspectives in its work and provide inspiration for thematic discussions the

committee may invite external stakeholders, including consumer organizations in the disability sector, to

make presentations on relevant thematic priorities. The Committee may also choose take relevant

professional visits in Denmark, to inspire the interdisciplinary work.

Greenland

The ministry of Family and Justice is in a process in establishing an Inter-ministerial committee which will

include all relevant ministries in the Greenlandic Government.

More specific in relations to article 33 paragraphs 1, it is the Ministry of Family and Justice who shall

designate one or more focal points within government for matters relating to the implementation of the

present Convention, and shall give due consideration to the establishment or designation of a coordination

mechanism within government to facilitate related action in different sectors and at different levels.

As for paragraph 2, of the same article, the Ministry of Family and Justice is currently considering on how

the monitoring task will be established. There is a dialogue between the ministry, the Danish Institute for

Human Rights, and the Greenland Counsel for Human Rights on how the monitoring task shall be organized,

for the implementation of the CRPD in Greenland. The thought is to use the model of construction, based

on the Paris Principles. The Paris principles were adopted by General Assembly resolution 48/134 of 20

December 1993.

The Government of Greenland established in 2009, The Knowledge and Advice Centre on Disability (IPIS).

The Centre will accumulate, increase and communicate knowledge on disability through personal channels,

data bases, books, conferences etc. Also, the Centre til offer advice o interested parties and establish

networks for citizens and employees. IPIS will be one who will fulfill the role for the 3

paragraph in the

article.

Faroe Islands

The Prime Minister’s Office of the Faroes has initiated a process to examine how the obligations stated in

Article 33 of the Convention can be lifted in the Faroe Islands.

As a first step, a focal point will be established within the government. The focal point is expected to be

established within the next few months. As part of the process due consideration will be given to the

establishment or designation of a coordination mechanism to facilitate related action in different sectors

and at different levels.