Retsudvalget 2014-15 (1. samling)
REU Alm.del Bilag 10
Offentligt
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United Nations
CRPD
/C/DNK/CO/1
Distr.: General
3 October 2014
ADVANCE UNEDITED
VERSION
Original: English
Convention on the Rights
of Persons with Disabilities
Committee on the Rights of Persons with Disabilities
Concluding observations on the initial report of Denmark
*
I. Introduction
1.
The Committee considered the initial report of the Kingdom of Denmark
(CRPD/C/DNK/1) at its 155th and 156th meetings, held on 23 and 24 September 2014,
respectively, and adopted the following concluding observations at its 169th meeting, held
on 2 October 2014.
2.
The Committee welcomes the initial report of the Kingdom of Denmark, comprising
the information on Denmark and the self-governed territories within the Kingdom, namely
the Faroe Islands and Greenland, which was prepared in accordance with the Committee’s
reporting guidelines, and thanks the State party for the written replies
(CRPD/C/DNK/Q/1/Add.1) to the list of issues prepared by the Committee.
3.
The Committee appreciates the fruitful dialogue held with the State party’s
delegation during the consideration of the report and commends the State party for the
strength of its delegation, which included many representatives of relevant Government
ministries, as well as representatives of the Government ministries of the Faroe Islands and
of Greenland, responsible for the implementation of the Convention on the Rights of
Persons with Disabilities.
II. Positive aspects
4.
The Committee commends the State party for its efforts to review and amend its
legislation, particularly the adoption of the Consolidation Act on Social Services No. 1093
of 5 September 2013, the Consolidation Act No. 727 of 2009 to Compensate Disabled
Persons in Employment and the Act No. 31 of 2005 on Prohibition against Discrimination
in the Labour Market, and the amendment to the Upper Secondary School Act, with a view
to integrate persons with autism, in 2013The Committee commends the Government of the
Faroe Islands for the adoption of the Act against Discrimination in the Labour Market due
to Disability, which entered into force in May 2011,.
5.
The Committee also commends the State party for initiating programmes on the
rights of persons with disabilities, such as the plan of action for people with mental
disabilities in May 2014, and increasing the resources available in this area.
* A
dopted by the Committee at its twelfth session (15 September – 2 October 2014).
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6.
The Committee commends the State party on a number of achievements. It
welcomes that the Danish Sign Language has been recognized as an official language
which is an important step towards full recognition of the rights of persons with disabilities
in the State party. The Committee also notes that the State party has established a
coordination body – the Inter-Ministerial Committee, commissioned to implement the
Convention within the sectorial fields under the coordinating authority of the Ministry of
Children, Gender Equality, Integration and Social Affairs. The Committee further
commends the State party for exemplary role in the international development assistance
and for integration of a disability policy perspective therein. The Committee also
commends the Government of Greenland for commencing the establishment of a national
disability center in Sisimut, Greenland.
7.
The Committee welcomes the State party’s accession to the Optional Protocol to the
Convention on the Rights of Persons with Disabilities, with the territorial exclusion of
Greenland, on 23 September 2014.
III. Principal areas of concern and recommendations
A.
General principles and obligations (arts. 1–4)
8.
The Committee is concerned that the National Disability Action Plan of 2013 does
not cover broadly all of the rights and substantive areas under the Convention, and that it
remains relatively general.
9.
The Committee recommends that the State party review the National Disability
Action Plan to ensure the coverage of all rights and substantive areas under the
Convention, and in this regard establish concrete objectives, measurable targets,
adequate budget and indicators to evaluate progress in implementation of the
Government’s disability policy.
10.
The Committee is concerned about the absence of disability policy action plans in
the Faroe Islands and Greenland, and in particular the lack of support to organizations of
persons with disabilities in Greenland to enable them to engage with the Government in
implementation of the Convention.
11.
The Committee recommends that the Governments of the Faroe Islands and of
Greenland adopt dedicated disability policy action plans to effectively implement the
Convention. It also recommends that the Government of Greenland support the work
of organizations of persons with disabilities to ensure their effective participation in
being consulted and involved in implementing the Convention.
12.
The Committee is concerned that the Convention is not explicitly incorporated into
the laws of Denmark, the Faroe Islands and Greenland. It is also concerned at the
insufficient information about the application of the Convention by the State party’s courts
and authorities. The Committee further notes with concern that officials of state, regional
and municipal authorities are not sufficiently aware of their obligation to promote the
implementation of the Convention.
13.
The Committee recommends that the State party ensure incorporation of the
Convention for it to be applicable as law of Denmark, the Faroe Islands and
Greenland. The Committee further recommends that the State party take measures to
facilitate direct application of the Convention before courts and authorities, and
undertake training programmes to facilitate active application and implementation of
the Convention by the officials of state, regional and municipal authorities in all parts
of the Kingdom of Denmark, including by providing guidance to the municipalities on
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the implementation of the respective acts on social services in observance of the
Convention’s provisions.
B.
Specific rights (arts. 5–30)
Equality and non-discrimination (art. 5)
14.
The Committee notes the establishment of the Government’s anti-discrimination
unit with a mandate to monitor and prevent discrimination against persons with disabilities;
however it is concerned that the State party lacks a comprehensive anti-discrimination
legislation, which would provide protection from discrimination on the basis of disability
beyond the labour market. The Committee is also concerned at the lack of legal remedies
for persons with disabilities whose rights under the Convention have been violated, and the
absence of available information thereon.
15.
The Committee urges the Governments of Denmark, the Faroe Islands and
Greenland to adopt new comprehensive cross-sectoral anti-discrimination legislation,
extending protection beyond the labour market and affirming the denial of reasonable
accommodation as a form of discrimination on the basis of disability. The Committee
recommends that the State party take steps to ensure that reasonable accommodation
is provided in all spheres of society without any exemption; that it ensure effective
legal remedies to persons with disabilities, including the possibility to submit
complaints related to discrimination on the basis of disability to the Board of Equal
Treatment; and that it promote better awareness of the Convention among rights
holders.
16.
The Committee is concerned at the lack of disaggregated data on the cases of
multiple and intersectional discrimination, and the inadequate measures for dealing with
cases of intersectional discrimination, for example disability combined with gender or
ethnicity, which require more development.
17.
The Committee recommends that the State party collect and disseminate
disaggregated data on the cases of multiple and intersectional discrimination, and
adopt effective and specific measures to prevent multiple and intersectional forms of
discrimination, including permitting complaints of discrimination on more than one
ground, establishing higher levels of compensation for victims, and higher penalties
for perpetrators.
Women with disabilities (art. 6)
18.
The Committee is concerned that the Act on Gender Equality does not specifically
address women and girls with disabilities. The Committee is also concerned that the State
party has not undertaken any specific initiatives aimed at women and girls with disabilities
in the educational system or any specific measures for women with disabilities to find or
maintain employment.
19.
The Committee recommends that the State party ensure that the perspective of
gender and disability is encompassed in the laws and policies, its sectorial services and
their implementation and evaluation. The Committee also recommends that the State
party take measures to increase opportunities for women and girls with disabilities for
adequate education and employment.
Children with disabilities (art. 7)
20.
The Committee is concerned that, according to the National Council for Children,
children who are hospitalized in psychiatric hospitals can be subject to forced treatment.
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21.
The Committee recommends that the State party abolish forced hospitalization
and treatment of children in psychiatric hospitals, and provide adequate opportunities
for information and counselling to ensure that all children with disabilities have the
support they need to express their views.
Awareness-raising (art. 8)
22.
The Committee is concerned about the reports of prevailing prejudice among the
general population about various forms of disabilities which negatively affects the ability of
persons with disabilities to enjoy rights on an equal basis, including in the area of
employment.
23.
The Committee encourages the State party to devise and adopt a strategy, in
consultation with organizations of persons with disabilities, with concrete and
measureable targets to raise awareness throughout the society -amongst the general
public, government and private sectors, and persons with disabilities themselves, to
promote the positive image of persons with disabilities and knowledge about their
rights.
24.
The Committee notes with concern the limited information on the level of awareness
about the contents of the Convention among public officials and private actors, including
the concepts of reasonable accommodation and disability-based discrimination.
25.
The Committee recommends that the State party undertake and regularly
evaluate campaigns and other forms of training, in cooperation with organizations of
persons with disabilities, for public officials and private actors to promote their
knowledge of the rights and obligations stemming from the Convention, in particular
in regard to reasonable accommodation.
Accessibility (art. 9)
26.
The Committee is concerned at the absence of comprehensive measures to ensure to
persons with disabilities access, on an equal basis with others, to the physical environment,
to transportation, to information and communications, and to other facilities and services
open or provided to the public, both in urban and rural areas. The Committee also notes
with concern the lack of systematic compliance with the Building Regulations and the
limited access to transport. The Committee further notes with concern that information on
public websites is not systematically published in accessible formats.
27.
The Committee recommends that the State party adopt a comprehensive plan
to ensure to all persons with disabilities access to facilities, information and services,
which would include concrete objectives, timeframes, budget, sanctions and
evaluation, as elaborated in the Committee’s General Comment No. 2. In this regard,
the Committee recommends that the State party: a) conduct continuous training on
universal design and accessibility standards including the Building Regulations for
relevant professionals and systematically enforce sanctions for those who fail to
implement accessibility standards; b) ensure that private entities which offer public
transport and other services observe accessibility requirements; and c) adopt
regulation on digital accessibility and access to information technology and
communication and promote the responsibility of public institutions to present
information and communications on its websites in accessible formats, in accordance
with international standards.
28.
The Committee is concerned that TV programmes on the public service channel KVF
in the Faroe Islands are only subtitled and/or interpreted into sign language if considered of
“major interest and significance in the society”.
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29.
The Committee requests that the Government of the Faroe Islands ensure access
for both people who are deaf and hard of hearing to all the programmes broadcasted by
KVF.
Situations of risk and humanitarian emergencies (art. 11)
30.
The Committee is concerned at the lack of information by the State party on the
involvement of persons with disabilities and their organizations in the elaboration,
implementation and evaluation of the Strategy for Danish Humanitarian Action 2010-2015
and the absence of specific alert systems or protocols to provide persons with disabilities
with the necessary support and protection in the event of risk or emergencies.
31.
The Committee recommends that the State party undertake action to ensure
that disaster risk reduction is fully inclusive of persons with disabilities; to develop
and enforce accessible alert systems or protocols; and to organize training for rescue
and emergency personnel to provide persons with disabilities with the necessary
support and protection in the event of risk or emergencies.
Equal recognition before the law (art. 12)
32.
The Committee notes that the Legal Incapacity and Guardianship Act continues to
allow for substituted decision-making thereby restricting the individual’s exercise of rights
such as the right to vote, access to justice, and consent to medical treatment.
33.
The Committee recommends that the State party review the Legal Incapacity
and Guardianship Act and introduce into legislation supported decision-making
which respects the person’s rights, will and preferences, in full conformity with article
12 of the Convention, including the individual’s right to give and withdraw informed
consent for medical treatment, to have access to justice, to vote, to marry and to work.
Liberty and security of the person (art. 14)
34.
The Committee is concerned by the distinction made by the State party between
punishment and treatment, according to which persons considered “unfit to stand trial” for
their impairment are not punished but sentenced to treatment. Treatment is a social control
sanction and should be substituted by formal criminal sanctions for offenders whose
involvement in crime is determined. The procedure applied to determine the sentence to
treatment is not in accordance with the safeguards a criminal procedure should have in
order to impose a sanction to a person. Sentence to treatment is thereby incompatible with
article 14.
35.
The Committee recommends that the State party adopt a policy to initiate a
structural revision of the procedures used to sanction persons with disabilities when
they commit criminal offenses. The system should comply with the general safeguards
and guarantees established for all persons accused of a crime in the criminal justice
system, inter alia, the presumption of innocence, the right to defence and to a fair
trial.
36.
The Committee is concerned that the Psychiatric Act allows for compulsion of a
person with mental health impairments against her or his will to hospitalization or treatment
in a medical facility if the person is considered to be a danger to herself or himself or to
others, which amount to a deprivation of liberty or security on the basis of disability,
contrary to article 14 of the Convention.
37.
The Committee recommends that the State party take all necessary measures,
including through the revision of the Psychiatric Act, to ensure that persons with
disabilities enjoy the right to liberty and security of person. The Committee
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recommends that the State party ensure that no one will be detained in any facility, on
the basis of actual or perceived disability.
Freedom from torture and cruel, inhuman or degrading treatment or punishment
(art. 15)
38.
The Committee is deeply concerned at the number of cases of coercive treatment of
persons admitted to psychiatric institutions, and at the methods used in coercive and
involuntary treatment of persons with disabilities in psychiatric institutions, in particular the
use of straps or belts for more than 48-hours, the use of chemical restraints or the reportedly
frequent application of involuntary electro-convulsive therapy.
39.
The Committee recommends that the State party amend the laws and
regulations in order to abolish the use of physical, chemical and other medical non-
consensual measures with regard to persons with psychosocial disabilities in
institutions. It particularly recommends that the State party provide training on
treatment in accordance with the Convention to medical professionals and personnel
in care and other similar institutions on the prevention of torture, cruel, inhuman or
degrading treatment or punishment.
Freedom from exploitation, violence and abuse (art. 16)
40.
The Committee is concerned at reports showing the level of abuse, exploitation and
violence, including domestic violence, to which various categories of persons with
disabilities are being exposed, and at the limited number of shelters accessible to victims of
such acts, as well as the lack of training of police and other interlocutors. The Committee is
also concerned about the lack of available disaggregated data on the reports of abuse,
exploitation and violence by persons with disabilities and their outcomes.
41.
The Committee recommends that the Governments of Denmark, the Faroe
Islands and Greenland ensure that violence and abuse against all persons with
disabilities is duly reported and investigated; that necessary support for victims is
available including accessible hotlines, shelters, services and complaints mechanisms;
and that the issue is addressed in national training courses for personnel working in
health and medical care, schools, the police force and the judiciary. The Committee
also recommends that the Governments collect disaggregated data and statistics on
the reports of abuse, exploitation and violence by persons with disabilities and their
outcomes.
Living independently and being included in the community (art. 19)
42.
The Committee is concerned about the increased construction by municipalities,
with State-guaranteed loans, of large institution-like residences for persons with disabilities
with 30-60 and even more residents, often outside city centers. It is also concerned about
the recent surveys indicating the limited possibility for persons with disabilities to choose
freely where to live, including the instances of forced relocation.
43.
The Committee recommends that the State party end the use of State-
guaranteed loans to build institution-like residences for persons with disabilities; that
it amend the legislation on social services so that persons with disabilities may choose
freely where and with whom they live, while enjoying the necessary assistance to live
independently; and that it take measures to close existing institution-like residences
and prevent forced relocation of persons with disabilities to avoid isolation from the
community.
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Freedom of expression and opinion, and access to information (art. 21)
44.
The Committee is concerned that certain groups of deaf persons, in particular the
deaf born children who have been implanted with cochlear implants are reportedly
prevented from learning and communicating in the Danish Sign Language (DSL). The
Committee is also concerned that the recent amendment to the Danish Language Council
Act does not promote DSL through research or training.
45.
The Committee recommends that the State party recognize all deaf person’s
and deaf born person’s right to have the possibility to learn and communicate in DSL
regardless of medical treatments acquired; take effective measures to promote DSL as
a communication method without necessarily resorting to a speech therapy; carry out
research in DSL, including the development of DSL dictionary; and promote the use
of DSL in all areas of deaf persons’ lives to ensure participation in particular in
employment, education and cultural life. The Committee furthermore recommends
that the Government of the Faroe Islands recognize Faroese sign language as an
official language.
46.
The Committee acknowledges that Braille is an important communication tool for
blind persons in education and employment. It is however concerned that education in
Braille is not systematically provided to all blind pupils, as they are scattered and few in
numbers. The Committee is also concerned that the decentralized structure and
responsibility of municipalities may not be appropriate to maintain such a specialized tool,
and that the State party perceives a risk of dilution of knowledge in education with
specialized support as indicated during the dialogue.
47.
The Committee recommends that the State party establish a Braille Council
with the task of promoting, preserving and enhancing knowledge and use of Braille as
a communication tool for blind persons, including in education.
48.
The Committee is concerned that the State party does not effectively guarantee
provision of information to people with intellectual and mental disabilities in accessible,
alternative and augmentative modes and formats of communication.
49.
The Committee recommends that the State party accord equal recognition to
the development and promotion of Augmentative and Alternative modes of
Communication (AAC) that are accessible to people with intellectual and mental
disabilities. The State Party should take appropriate measures to ensure that all
actors are familiar with the established standards of using AAC and put in place
effective monitoring procedures that prevent acts of substituted information and
communication, especially in decision making mechanisms of people with intellectual
and mental disabilities.
Respect for privacy (art. 22)
50.
The Committee is concerned that psychiatric hospitals are allowed, under the
Psychiatric Act, to transfer strictly private and confidential information to third parties
without the consent of the person concerned.
51.
The Committee recommends that the State party amend the Psychiatric Act by
prohibiting the transfer of private and confidential information of patients in
psychiatric hospitals to third parties, without consent of the person concerned, in
order to comply with the principle of respect for privacy.
Education (art. 24)
52.
While noting a Government reform to promote inclusion of children with disabilities
in the general education system, the Committee is concerned at the lack of clarity to what
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extent pupils with disabilities can receive adequate support and accommodation to facilitate
their education, and the discrepancies in accomplishment rates between pupils with and
without disabilities in elementary, secondary and higher education.
53.
The Committee recommends that the State party amend its legislation to
ensure the inclusion of all children with disabilities in the mainstream education
system, including the adequate support and accommodation, in particular through the
adequate training to teachers and other employees in the school system in all parts of
the Kingdom of Denmark, to ensure quality education for pupils with disabilities. The
State party should take measures to address discrepancies in accomplishment rates
between pupils with and without disabilities at all levels of education.
54.
The Committee is concerned at reports that children in need of more than 9 hours of
special education per week may submit a complaint to the Special Education Board, unlike
children with less than 9 hours of special education per week who cannot submit a
complaint to an independent authority regarding a lack of adequate educational support.
55.
The Committee recommends that the State party amend its legislation to
ensure that all children with disabilities can submit a complaint to an independent
authority if they do not receive adequate educational support.
Health (art. 25)
56.
The Committee is concerned at information indicating that persons with
psychosocial disabilities have a life-expectancy which is 15 – 20 years shorter compared to
persons without psychosocial disabilities.
57.
The Committee recommends that the State party ensure that persons with
disabilities, in particular persons with psychosocial disabilities, have equal access to
the highest attainable standard of health, including by providing adequate and
accessible health services needed by persons with disabilities and by training health
professionals and officials of the public health authorities, including on the right to
free and informed consent.
Work and employment (art. 27)
58.
The Committee notes with concern that while the Act on Prohibition against
Discrimination in the Labour Market prohibits direct and indirect differential treatment on
grounds of disability, neither the general labour legislation nor collective labour agreements
stipulate clear obligations on employers to comply with reasonable accommodation in the
labour market which may be among the sources of a prevailing employment gap between
persons with (44 per cent working) and without disabilities (78 per cent working).
59.
The Committee recommends that the State party take all necessary measures to
significantly increase, as soon as possible, the percentage of persons with disabilities
working in the open labour market, including the amendments to the general labour
legislation for it to impose clear obligations on employers to afford reasonable
accommodation for employees with disabilities.
Participation in political and public life (art. 29)
60.
The Committee is concerned that under the Constitution, Parliamentary Elections
Act and other election laws, and the Guardianship Act (Section 6) persons under
guardianship are not allowed to vote or to stand for election during parliamentary,
municipal, regional and European Parliament elections, and referendums. The Committee is
also concerned that election materials are reportedly rarely accessible to blind persons or to
persons with learning and intellectual disabilities; that polling stations are often not
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physically accessible; that ballots may not be accessible to blind persons; and that persons
under guardianship may not choose freely a voting assistance.
61.
The Committee recommends that the State party amend the relevant laws,
including the Parliamentary Elections Act and other laws governing municipal,
regional and European Parliament election so that all persons with disabilities can
enjoy the right to vote and stand for election regardless of guardianship or other
regimes. It also recommends that the State party ensure, through legislative and other
measures, the accessibility of ballots and election materials, and polling stations, and
that adequate and necessary assistance of free choice is provided to facilitate voting by
all persons.
Participation in cultural life, recreation, leisure and sport (art. 30)
62.
The Committee is concerned that the State party has not ratified the Marrakesh
Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually
Impaired, or Otherwise Print Disabled, which allows access to published material to blind
persons, persons with visual impairments or persons with other difficulties in having access
to printed materials.
63.
The Committee encourages the State party to adopt all appropriate measures
to ratify and implement the Marrakesh Treaty as soon as possible.
C.
Specific obligations (arts. 31–33)
Statistics and data collection (art. 31)
64.
While noting the efforts to collect statistical data on persons with disabilities in
Denmark, including IT data collection on assistance and benefits to persons with disabilities
in Greenland, and general data collection in the Faroe Islands, the Committee regrets the
low level of disaggregated data on persons with disabilities.
65.
The Committee recommends that the State party systematize the collection,
analysis and dissemination of data, disaggregated by gender, age and disability and
region; enhance capacity-building in this regard; and develop gender and age-
sensitive indicators, with due regard to the need to move from the medical- to the
human rights-based approach to disability.
National implementation and monitoring (art. 33)
66.
While noting the operation of the State party’s Inter-Ministerial Committee, the
Committee is concerned that it seeks inputs from representative organizations of persons
with disabilities in Denmark only occasionally, and there is an absence of such coordination
with representative organizations of persons with disabilities in the Faroe Islands and
Greenland. The Committee is also concerned at the absence of coordination and of
independent monitoring mechanisms in the Faroe Islands.
67.
The Committee recommends that the State party enable civil society and in
particular representative organizations of persons with disabilities to fully and
regularly participate in monitoring of the implementation of the Convention. The
State party should also take necessary measures for the establishment or designation
of a coordination mechanism, and of an independent monitoring mechanism, in the
Faroe Islands. The Committee also recommends that the Faroese Government
establish a human rights institution for the promotion and protection of human rights,
in accordance with the Paris Principles.
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Follow-up and dissemination
68.
The Committee requests that the State party, within 12 months and in accordance
with article 35, paragraph 2, of the Convention, provide information on the measures taken
to implement the Committee’s recommendation as set forth in paragraph 21 – Forced
hospitalization and treatment of children in psychiatric hospitals above.
69.
The Committee requests the State party to implement the recommendations of the
Committee as contained in the present concluding observations. It recommends that the
State party transmit the concluding observations for consideration and action to members of
the Governments and Parliaments, officials in relevant ministries, local authorities and
members of relevant professional groups, such as education, medical and legal
professionals, as well as to the media, using modern social communication strategies.
70.
The Committee strongly encourages the State party to involve civil society
organizations, in particular organizations of persons with disabilities, in the preparation of
its periodic report.
71.
The Committee requests the State party to disseminate the present concluding
observations widely, including to non-governmental organizations and representative
organizations of persons with disabilities, as well as to persons with disabilities themselves
and members of their families, in national and minority languages, including sign language,
and in accessible formats, and to make them available on the government website on human
rights.
Next report
72.
The Committee requests the State party to submit its combined second and third
periodic reports by no later than 24 August 2019, and to include therein information on the
implementation of the present concluding observations. The Committee invites the State
party to consider submitting the above-mentioned reports under the Committee’s simplified
reporting procedure, according to which the Committee prepares a list of issues at least one
year prior to the due date set for the combined reports of a State party. The replies of a State
party to such a list of issues constitute its next report.
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