Ligestillingsudvalget 2014-15 (2. samling)
LIU Alm.del Bilag 2
Offentligt
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United Nations Report
Danish Fathers Association
Member of European Platform for Fathers
June 2015
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Contents
Danish Fathers Association ......................................................................................................... 3
Key challenges ............................................................................................................................. 3
Human Right Violations & Recommendations ............................................................................ 4
Theme 1: Public information for children is not sent to 1.2 million parents ......................... 4
Theme 2: Maternity Leave and Family groups ....................................................................... 4
Theme 3: Discrimination of children in modern families ....................................................... 5
Theme 4: Public children and family cases …………………………………………………….………..……….. 6
Theme 5: Children human rights to both parents .................................................................. 7
Theme 6: Violence against men.............................................................................................. 8
Theme 7: Research, Funding and Statistics ............................................................................ 8
Annexes ..................................................................................................................................... 10
Annex 1 – Process analysis: Follow the Child........................................................................ 10
Annex 2 – Parent Survey: Gender ......................................................................................... 11
Annex 3 – Parent Survey: Living address for the children .................................................... 12
Annex 4 – Parent Survey: Visitation...................................................................................... 13
Annex 5 – Parent Survey: State Administration ................................................................... 14
Annex 6 – Parent Survey: Process time ................................................................................ 15
Annex 7 – Parent Survey: Discrimination ............................................................................. 16
Annex 8 – Parent Survey: Discrimination by Gender............................................................ 17
Annex 9 – Parent Survey: Discrimination by Form ............................................................... 18
Annex 10 – Danish Statistic: Gender Equality ....................................................................... 19
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Danish Fathers Association
The Danish Fathers Association is a nationwide voluntary association with about 40 years’
experience in family related issues. The Fathers Association is member of the Platform for
European Fathers collaborating with 25 Fathers organizations in 15 European countries.
The Fathers Association provide free counselling and supports all children, the whole family
and all families in Denmark. We experience it provides better quality of life for children and
the families, societal savings and more motivated employees in the workplace.
The situation for children, fathers and modern families in Denmark by law and practice is
however very critical. We experience clear violations of human rights on a daily basis.
1.2 million parents do not receive public information of their own children
95% of all fathers experiencing state administration feels clear discrimination
3 times more men than woman commit suicide in Denmark
National State research for families is based on mothers answers
13% of all children in divorced families has today living address at their father. This is
less children than the 1980 level in divorced families. This is in direct conflict with the
Danish gender equality levels and development in society in work life and education.
The Danish Fathers Association finds – beyond any doubt – based on our counselling sessions
for men and woman, surveys and daily voluntary work that Denmark violates the United
Nations Children convention articles 2 and 3. The United Nations World Declaration of Human
Rights articles 1, 2, 3, 5, 6, 7, 11, 12, 16, 22 and 30, also stipulated in the European Human
Rights Convention articles 6, 8, 14 and 17. The Danish Fathers Association also experiences
that Denmark violates the United Nations Torture declaration articles 1 for children and
fathers in Denmark. The situation is critical and has been very critical for many years.
Key challenges
The two key challenges for children and fathers in Denmark on violation of human rights are:
The Danish family laws were, created around year 1900 for the natural protection of
women, but is in today’s society with Gender equality obsolete. We must in Denmark
and the Western world today protect and secure the human rights of all children,
both parents and all families due to the societal development and gender equality.
The need for a family reform and governmental coordination of 10-12 family laws in 9
ministries, not being coordinator or modernized, combined with lack of change effort
and citizen satisfaction monitoring is creating human right violations for children,
especially fathers and modern family life.
The state and local government in children, family and social cases clearly involves
too many public units and personnel. The cases is often handled by up to 10 different
public units and up to 50 different persons resulting in increased time, loss of
knowledge and human errors due to change of hands, which is a normal and
commonly known managerial problem. This is illustrated in annex 1.
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Human Right Violations & Recommendations
The 7 main violations for children, fathers and modern families in Denmark in relation to the
protection of human rights is based on our counseling, family surveys and daily contact with
politicians and governmental institutions.
One of the surveys by the Danish Fathers Association showing the common picture is
included in annex 2-9 based on parents experiencing state administration. One of the most
clear documentations of the discrimination is included as annex 10 illustrating that less
children today have their living address at their fathers than in 1980 in divorced families.
Theme 1: Public information for children is not sent to 1.2 million parents
In Denmark 1.2 million parents does not receive public information automatically for their
own children because of old family legislation. The Danish Institute for Human Rights has
recently documented the problem in local government although this is also a problem in
State hospitals. Still no one has yet taken proper action to solve this basic human right issue
related to discrimination and respect of family life.
With modern and equal families, it is clearly a problem for both woman and men causing
confusion, irritation, anger and in some cases putting children in danger. The most common
problem is family forms not sent to both parents at birth, kindergarten, schools applications
and public children cases.
Recommendation
1. Danish law is recommended to clearly specify that both parents, is entitled to all
information about their own children, unless the parents themselves state otherwise.
2. All parents must confirm in writing if they desire to receive information of their child. This
information is currently not available, and the information is to be gathered centrally for all
public institutions usage like the child’s social security number.
3. All public information about the child is to be sent automatically – not manually due to
human mistakes – to both parents unless otherwise specified.
Theme 2: Maternity Leave and Family groups
In Denmark, the fathers compared to approx. 25% in Sweden and Norway and approx. 33% in
Iceland only take 7-8 % of children maternity leave. Fathers must due to lack of rights for
children and fathers in Denmark often work at home, take vacation or pay maternity leave
themselves. This not being, registered in the statistics.
If a father likes to take, maternity leave only 2 weeks is legally his. The parents can jointly
decide to share the main part of the 12 months maternity leave in Denmark. However if the
mother does not want to share the 12 month period the child and father has no rights. If the
mother and father is not living together or the mother, files a divorce she will get all
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maternity leave allowance and the state administration will not provide the father maternity
leave due to discrimination for the child.
In the other Nordic countries, approx. 3 months of the maternity leave is legally for children
and fathers only. The positive collaboration concerning children increases when the father
takes paternity leave, the woman’s career opportunity improves and the divorce rates fall.
Denmark discriminates children and fathers based on a historical strong position of woman
associations and woman culture in Denmark in the state administration. This is obvious
discrimination.
The same situation applies with family groups for children where many local governments are
still only offering mother and children groups at birth. Not as compared to Sweden family
groups for the child, both mothers and fathers – or two mothers, two fathers.
Recommendation
4. The maternity leave is recommended to be, split by law with at least 3 month for both
parents and the rest for joint agreement, unless a parent voluntarily want to provide the
other parent with the benefit.
5. The maternity leave allowance is recommended to be split by law with at least 3 month
for both parents and the rest for joint agreement, unless a parent voluntarily want to
provide the other parent with the benefit.
6. All local governments should by law, offer family groups at birth for all children and
parents.
Theme 3: Discrimination of children in modern families
In Denmark more than 33% of all children does not live together with both their father and
mother due to divorces rates of more than 43% currently. However the family law is still
based on year 1900 protection for woman, why the Danish state today importantly violate
the human rights of many children and parents living for example in modern divorced families
with full gender equality.
If two parents who used to share the parenting and caring for their child equally and in
positive collaboration, is splitting up, the State demands that the parents within a few days
decide, which parents has the residential address, the social benefit and legal right of the
child and which parents has in practice almost no rights. This combined with discrimination in
the state administration towards children and fathers that will not be giving the residential
address causes many equal parents to be in conflict at the time of splitting up, but also put
children in direct danger due to obvious discrimination and conflict potential.
Governmental statistics of the residential address for children documents, as illustrated in the
annex that less children today has residential address at their fathers than in 1980 in divorced
families. Not following the gender equality of Danish society in the general. By law, the child
also must stay at least 7 days of 14 days at the parent with the residential address in families
where the father and mother are not living together without the option for the parents
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themselves to decide a different arrangement for a period due to long-term causes like
cancer, stress, work abroad or alike.
Recommendation
7. Parents in all family forms should be able to make their own agreement according to
what they find best for their child and the state should only intervene if required.
8. Parents in all family forms should be able to decide how they split the child economy and
living days for the child.
9. All children and families must be, treated equally in law and practice. Custody and single
residential address should be, removed entirely in family law. Only if required the state
should take actions based on individual and concrete decisions for the child and family.
Theme 4: Public children and family cases
The state and local administration in children, family and social cases clearly involves too
many public units and personnel. Children, family and social cases is handled by up to 10
different public units and up to 50 different persons resulting in increased time, loss of
knowledge and human errors due to change of hands, which is a normal and known
managerial problem. The children is simply lost in a too complex state and local governmental
administrative system as illustrated in process analysis “Follow the child” by the Danish
Fathers Association in annex 1.
The Danish Fathers Association has gathered more than 1.000 children cases and has made
process analyses of a number of common cases. Five different parameters has been, analyzed
that being time, quality, equality, flexibility and cost in the child process. The analysis clearly
shows that the state and local governmental system is too complex loosing children and
families in the administrative process and structure.
In some cases the cost for one parent can be 10.000 to 100.000 USD in a child case, while the
other parent has a free legal process, and only the parent with the residential address for the
child are allowed extra benefits for the child towards free process at courts. This is although
the child might live equally at both parents.
Lawyers commonly misuse the legislation using approx. 20 standard methods knowing that
discrimination is a normal part of the system and they can therefore easily win the case for
the mother if they create a conflict between the parents or increase the time of the case.
The public administration in even clear cases with 10-100 formal errors often don’t find,
admit or change errors in the public children, family and social cases. Especially children and
fathers therefore experience violation of their human rights as a torture like situation.
Recommendation
10. Create a much more simple governmental family system based on three models for all
children and families.
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Step 1: all parents can make their own positive agreement no matter which family form.
Step 2: The local government offers counselling in family centers.
Step 3: if parents cannot, agree or there is concern for a child the case is to be, handled
immediately and ONLY by a family court that has the expertise to make a good and correct
decision for the children and family.
11. Close the state administration (Statsforvaltningen) in children and family cases to
decrease the time and increase the quality. Newly educated and inexperienced legal
personnel are today, taken lifelong decisions for children and families in a few hours
without knowing the child or family and without proper documentation.
12. Secure that the state administration (Ankestyrelsen) only have a quality assurance role
towards state and local government. Only the family court can make decisions.
13. Secure that parent has free process in legal children cases or both parents has free
process in child cases if one parent has to prevent misuse of adding major costs for the
other parent without the parent having any human rights in practice.
14. Secure a new system for quality assurance of lawyer’s ethics and systematically misuse
of family legislation and discrimination in child and family cases to prevent common
violation of human rights.
Theme 5: Children human rights to both parents
Not all children and fathers in Denmark is recognized by Danish law of their parenthood
although DNA technology is available for prove. Children and fathers are also able to find
each other on social media or the truth that the biological father is not the registered father
might be informed doing a divorce, proceedings or later in life by the mother.
The Danish Child Law is not stating that the child’s parents are the biological father or
mother, but only the biological mother, registered husband or living partner or today also the
co-mother. The biological father is not recognized – or a co-father - and if a biological father
after 6 month with DNA finds out he is the father the fatherhood is not recognized. Nor can a
registered father after 6 month in some cases be unregistered, but has to paid child support
and heritage for the child that is not his.
Recommendation
15. Secure by law that the children´s parents are always the biological father and mother
16. Remove the 6 months limitation for correct registration of biological parents using DNA,
so the human rights of the child and parents always are respected.
17. Secure that a co-mother and co-father has the same rights by law
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Theme 6: Violence against men
Violence against women has for historical reason, been in focus, but in today’s society,
violence against men is as important although it often has other forms. The Danish Fathers
Association is on a daily basis presented with cases where men and fathers is experiencing
what we call governmental, psychological, financial, physical and sexual violence. Despite of
this the State has almost no offerings to assist, protect or financially support men or is doing
proper research.
The state administration has written guidance that states that guilt does not apply in children
and family cases. This means that it is irrelevant which parent is responsible for a conflict
between the parents. This puts children in direct danger of having to live with a parent who
purposely refused to corporate with the other parent. This clause combined with the gender
discrimination makes it possible for a mother and lawyers not to collaborate, but to create
conflicts and then get full custody and residential address for the child. The situation for
children and fathers being without any human rights is a torture like situation in practice.
Violence is violence as best illustrated in this You Tube video:
https://www.youtube.com/watch?v=u3PgH86OyEM
Recommendation
18. Full equality in family law for all children and parents, also related to violence
19. The state has to offer the same counselling and support for male and female victims of
violence.
20. Security of men crisis center as women crisis centers in the Danish law and all other
places including voluntary counselling and assistant by the Danish Fathers Association or
offerings alike. The Danish Fathers Association is for many men the only place to go.
21. Removal of guideline clause in the “Vejledning om samvær §14.1.1.2” stating that guilt
does not apply in children and family cases. This is a clear violation of children and parents
human rights.
Theme 7: Research, Funding and Statistics
A recent analysis of ministerial social funding has documented that 4 times more funding is
given to the support of women in crisis in Denmark although 3 times more men are
committing suicide than women. The Governmental Research Institute has not send surveys
to fathers, not interviewed fathers, and has stated that they have not been able to receive
answers from fathers. Although the research is presented as family research for children, the
Governmental Research Institute (SFI) has only been using mother’s answers for family
research, although this has not been stated to the public, the press or Danish politicians as
part of new legislation resulting in the research being used by ministries. Furthermore the
State Administration has not although clearly requested, provided statistics on state decisions
in child and family cases based on type of decision and gender, why obvious discrimination
cannot be, proven in gender equality cases in Denmark.
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Recommendation
22. Reassure the same funding and full equality by law for men and woman.
23. Reassure the same research or clear statement of gender specific research by the
Governmental Research Institutions and research used by Ministries for law changes.
24. Reassure the provision of full statistics of all decisions made by the State Administration
related to date, type, decision, gender and department to prevent discrimination
comparable to other public administration and societal development in families.
Copenhagen, June 22th, 2015
Jesper Lohse, Chairman
[email protected]
Danish Fathers Association
Fruebjergvej 3
2100 Copenhagen
Denmark
www.foreningenfar.dk
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Annexes
Annex 1 – Process analysis: Follow the Child
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Annex 2 – Parent Survey: Gender
750 parents participated in divorced families with experience of state administration. 75%
fathers and 25% mothers
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Annex 3 – Parent Survey: Living address for the children
Most of the children in the modern families had living address at their mothers although the
visitation often was equal in the daily life of the child being in close contact with both the
father and mother.
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Annex 4 – Parent Survey: Visitation
Most of the children was living in equal families or in close contact with both the father and
mother.
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Annex 5 – Parent Survey: State Administration
Almost all parents with experience from the State administration found that the State
administration was of very poor quality.
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Annex 6 – Parent Survey: Process time
The parents stated that the process time in their children and family cases often was 3 month
to more than 2 years.
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Annex 7 – Parent Survey: Discrimination
Almost all fathers experienced – beyond any doubt – discrimination in the State
Administration and Danish Family law.
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Annex 8 – Parent Survey: Discrimination by Gender
Almost all fathers experienced – beyond any doubt – discrimination by Gender
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Annex 9 – Parent Survey: Discrimination by Form
The fathers mainly found violations of human rights due to lack of rights in Danish family law
and practical rulings no matter if they were and equal or even a much better parent for the
child.
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Annex 10 – Danish Statistic: Gender Equality
Denmark has today more woman in higher education than men. However, less children has
still living address at their fathers today than in 1980 in modern divorced families between
men and woman.
This is not only due to a free choice of the family, but also – beyond any doubt – due to
discrimination. The fathers that would / should / by law should have the living address for the
child simply did not get it - due to violations of human rights for children and fathers in the
State administration and family law.
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