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Retsudvalget 2017-18
REU Alm.del Bilag 360
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Universal Periodic Review of the United Nations Human Rights Council

Denmark’s 2

Mid-term Report, June 2018

Denmark considers the Universal Periodic Review (UPR) an important UN mechanism and a key tool in monitoring all member states’ compliance

with their human rights obligations. On this basis, Denmark has actively contributed to the Universal Periodic Review since the beginning of the

first cycle in 2008.

Denmark’s

second periodic

review took place in January 2016. In June 2016, Denmark accepted 122 of the 199 recommendations received

(A/HRC/32/10/Add.1).

The second UPR Mid-term Report covers the period from June 2016 until June 2018. The report provides an overview of the status of the follow-

up and implementation of the recommendations, which Denmark has received and accepted (in full or in part) during the second cycle. In addition,

all 199 recommendations have been considered during the drafting of the report. This has resulted in the acceptance of 4 additional

recommendations, also included in the present report.

The report

has been coordinated in the Government’s inter-ministerial

Human Rights Committee as well as with the Faroes Islands and Greenland.

The Danish Institute for Human Rights (DIHR) and civil society have also been included in the drafting process. An initial consultation meeting

was held in January 2018 in the

Government’s inter-ministerial

Human Rights Committee with the participation of the Danish Institute for Human

Rights (DIHR) and the UPR-Committee,

which consists of Danish NGO’s interested in contributing to

the national UPR-process. A first draft

of the report was then subject to a public hearing. The responses received in the public hearing have given rise to several revisions included in the

present report.

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No.

121.3.

RECOMMENDATION

COUNTRY

DK-RESPONSE

DK-FOLLOW UP STATUS 2018

With effect from 10 October 2016 Denmark has withdrawn its territorial reservation for the

Faroe Islands and Greenland to the Optional Protocol.

121.4.

Withdraw the territorial exclusion for

Greenland and the Faroe Islands to the

Optional Protocol to the Convention

on the Rights of the Child on the Sale

of Children, Child Prostitution and

Child Pornography

Work with the Greenland authorities to

withdraw the territorial reservation for

Greenland to the Convention on the

Rights of the Child Optional Protocol

on the sale of children, child

prostitution and child pornography

Canada

Accepted

United

Kingdom of

Great Britain

and Northern

Ireland

Accepted

Reference is made to the response to recommendation 121.3.

121.11. Ratify the International Convention for Germany and

the Protection of All Persons from

France

Enforced Disappearance and fully

recognize the competence of the

Committee on Enforced

Disappearances, as provided for in

articles 31 and 32 of the Convention

121.12 Consider ratifying the International

Ghana

Convention for the Protection of All

Persons from Enforced

Disappearances

121.13

Ratify the International Convention on Panama,

the Protection of all Persons from

Tunisia,

Enforced Disappearance

Uruguay,

Portugal and

Montenegro

Accepted

The Convention is already signed and will be ratified when the necessary amendments to

national legislation have been passed.

Accepted

Reference is made to the response to recommendation 121.11.

Accepted

Reference is made to the response to recommendation 121.11.

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121.14

Take necessary steps to ratify the

ICPPED

Slovakia

Accepted

Reference is made to the response to recommendation 121.11.

121.15

Internalise as soon as possible the

following international human rights

treaties: ICCPR, ICESCR, CAT,

ICERD, CRC and CEDAW, as well as

ratify ICPPED

Brazil

Accepted in part

As to the part concerning the ICPPED, reference is made to the response to

recommendation 121.11.

As to the part concerning incorporation of ICCPR, ICESCR, CAT, ICERD, CRC and

CEDAW, Denmark finds that incorporation might entail a risk that the responsibility for

compliance with our international obligations will shift from the Parliament to the courts.

Denmark finds that it is important that this responsibility remain with the elected

representatives. All the treaties are relevant sources of law in Denmark. Although not

incorporated into Danish law, the treaties can be and are indeed invoked before and applied

by the Danish courts and other national authorities.

121.20

Incorporate core UN human rights

treaties into domestic legislation

Azerbaijan

Accepted in part

Reference is made to the response to recommendation 121.15.

121.21

Incorporate the international

Egypt

instruments it acceded to into domestic

legislation

Accepted in part

In 1992, Denmark incorporated the European Convention on Human Rights.

Concerning the United Nations Human Rights treaties, reference is made to the response to

recommendation 121.15.

121.22

Incorporate the human rights

conventions into national law

Guatemala

Accepted in part

Reference is made to the response to recommendation 121.21.

121.23

Bring legislation, including the Criminal Kyrgyzstan

Code in line with the provisions of

ICERD

Accepted

Denmark considers that the Danish Criminal Code is in line with ICERD.

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121.24

121.25

Modify the criminal code to harmonize Benin

its provisions with those of the

International Convention on the

Elimination of All Forms of Racial

Discrimination

Adopt a comprehensive anti-

Maldives

discrimination legislation

Accepted

Reference is made to the response to recommendation 121.23.

Accepted in principle Denmark attaches great importance to combatting discrimination. This is reflected in Danish

law. National Danish legislation includes a variety of acts on anti-discrimination, which

collectedly provide a broad protection against discrimination.

According to administrative law, all citizens are equal before the law and public authorities

must not discriminate citizens on any ground. Danish law also contains a number of acts on

gender equality, including the Act on Gender Equality, which prohibits direct and indirect

discrimination on grounds of gender outside the labour market, and the Act on Equal

Treatment of Men and Women as regards Access to Employment, etc. Moreover, the Act on

Prohibition against Discrimination on the Labour Market prohibits direct and indirect

discrimination on the labour market on grounds of race, colour or ethnic origin, religion or

belief, sexual orientation, national or social origin, political opinion, age and disability.

Furthermore, the Act on Ethnic Equal Treatment prohibits direct and indirect discrimination

outside the labour market on grounds of race or ethnic origin. The prohibition applies

outside the labour market to all public and private enterprises in relation to social protection

and to membership of and participation in organisations whose members work in certain

areas of business and to the advantages, which these organisations provide for their

members. In addition, the Act on Prohibition against Discrimination on Grounds of Race,

Colour, National or Ethnic Origin, Belief or Sexual Orientation criminalizes discrimination

on the mentioned grounds. A violation of the Act is punishable by a fine or imprisonment

for a term not exceeding 6 months.

The Danish Government finds that discrimination of any kind is unacceptable. In May 2018,

the Danish Parliament adopted a bill on cross-sectoral prohibition of discrimination of all

persons with disabilities. The new act renders it illegal for both public and private service

providers to discriminate against persons with disabilities outside the labour market. The act

provides persons with disabilities the opportunity to file a complaint with the Board of Equal

Treatment.

As part of the Governmental Action Plan to promote security, well-being and equal

opportunities for LGBTI persons 2018-2021, the Danish Government will initiate a review

of legislations regarding LGBTI persons across areas.

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Finally, it should be mentioned that the Danish Board of Equal Treatment is considering

complaints of discrimination on a number of grounds. The Board may award compensation

and invalidate dismissals.

121.26

Explicitly prohibit discrimination

Djibouti

against persons with disabilities and

discrimination based on religious belief

Accepted in principle Reference is made to the response to recommendation 121.25.

121.27

Amend the relevant laws so that all

Albania

persons with disabilities could vote and

stand for election

Accepted in part

According to the Constitution, persons who have been declared legally incapacitated do not

have the right to vote and to stand as candidates in Parliamentary elections and are precluded

from voting in referenda. The Constitution only regulates Parliamentary elections and

referenda. Until July 2016, similar restrictions applied to the right to vote and to stand as

candidates in local, regional and European Parliament elections. These restrictions were

removed in July 2016, and persons who have been declared legally incapacitated now have

the right to vote and stand as candidates in these elections.

Furthermore, the topic of the right to vote of persons under guardianship is currently subject

to political debate following a recent decision by the Supreme Court. The Court found that

the Constitution precludes persons from voting for Parliamentary election who, due to

economical issues, are placed under guardianship, and thus legally incapacitated.

The Danish Government has initiated an analysis with the purpose of finding alternative

models to the current regulations, which can ensure that fewer persons under guardianship

will be precluded from voting for Parliamentary elections. It is expected that the analysis will

be completed by the fall of 2018.

121.28

Amend laws to ensure that all persons

with disabilities could vote and stand

for election

Maldives

Accepted in part

Reference is made to the response to recommendation 121.27.

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121.29

Strengthen its legislation, in particular

the Penal Code, in order to harmonize

its provisions with the International

Convention on the Elimination of All

Forms of Racial Discrimination

Incorporate into the Criminal Code an

outright ban on the activities of

organizations which promote racial

discrimination

Côte d’Ivoire

Accepted

Reference is made to the response to recommendation 121.23.

121.30

Russian

Federation

Accepted in principle The option to dissolve associations with the purpose of promoting racial discrimination or

hate speech is contained in the Constitution. Furthermore, a provision in the Danish

Criminal Code criminalizes the continued participation in the activities of an association,

which has been temporarily banned or dissolved. On this ground, Denmark does not find it

necessary to incorporate further regulations in the Danish Criminal Code.

Accepted

The Faroese Government is currently working on amending the Penal Code to make sure

that it meets present day standards. The work is to be finished in 2022. The work on the

chapter regarding sexual offences has been completed and the new provisions came into

force 1 July 2017. The definition of rape is now extended to include other illegal coercion

and abuse of a person in a helpless state or situation. The provision is also extended to

include offences within marriage.

Reference is made to the response to recommendation 121.31.

121.31

Amend the Penal Code in the Faroe

Islands to ensure that the definition of

rape is brought in line with

international standards and

criminalized in all circumstances,

including within marriage

Norway

121.32

Complete the amendments expected to Spain

be carried on the crime of rape in the

Criminal Code of the Faroe Islands

Accepted

121.33

Ensure that the definition of rape in

Iceland

the Faroese legislation is brought into

line with international standards so that

rape is criminalized in all

circumstances, including within

marriage

Accepted

Reference is made to the response to recommendation 121.31.

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121.36

Eliminate discrimination against

migrants, and especially migrant

women

Refrain from passing discriminatory

legislation that are based on bias

against foreigners and refugees

Ensure that the review of counter-

terrorism legislation take account of,

and that the relevant legislation be

amended in full compliance with

Denmark’s human rights obligations

Maldives

Accepted

Reference is made to the response to recommendation 121.25. Discrimination on the

grounds of ethnicity and gender is explicitly prohibited by law.

121.37

Lebanon

Accepted

Reference is made to the response to recommendation 121.25.

121.40

Hungary

Accepted

Substantive counter-terrorism initiatives have been launched in the last couple of years, since

the 2015 attacks in Copenhagen. Once the effects of these are known, Denmark sees the

merits of a general evaluation of Danish counter-terrorism efforts. Any necessary

amendments will be in full compliance with Denmark’s human rights obligations.

121.41

To the Faroe Islands: Establish a

Poland

National Human Rights Institution

covering the Faroe Islands according to

recommendations made by the UN

General Assembly (1994) and the UN

Committee on Economic, Social and

Cultural Rights (2013)

Accepted

The Minister of Foreign Affairs and Trade of the Faroe Islands appointed a task force in

2016 to examine and make recommendations on National Human Rights Institution models

that could fit the Faroese society. The task force delivered its report and recommendations in

May 2017. The report was scheduled for a Ministerial debate, but was put on hold due to

some other pressing political issues. It is now expected to be scheduled again in the near

future.

121.48

Establish a national action plan against

racism, to work for tolerance and to

preserve freedom of belief

Djibouti

Accepted in principle Denmark will continuously focus on developing new and existing measures to prevent

discrimination, intolerance and racism, and to preserve freedom of belief and to promote

intercultural dialogue. In different contexts measures involve education materials, dialogue

teams, online campaigns and skills upgrading with a focus on strengthening democracy and

citizenship and critical thinking, preventing discrimination, racism and intolerance,

challenging stereotypes and prejudice.

Minority groups and non-citizens legally residing in Denmark enjoy equal access to, inter alia,

employment, education, housing, health services, and to justice.

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It can be mentioned that in 2016, the Danish National Police initiated a dialogue regarding

hate crimes with a number of significant stakeholders in the field in order to establish a

closer and ongoing collaboration with the stakeholders and to obtain input to future police

efforts concerning hate crimes. The purpose of the dialogue is also to collaborate on how to

encourage more victims to report hate crimes to the police.

Freedom of religion or belief is guaranteed in the Danish constitution. In 2017, the Danish

Parliament adopted the Act on Religious Communities that unifies and codifies previous

rules and practices on religious communities into one single law. The law clarifies the rights

and obligations imposed when a religious community obtains the status of acknowledgement

in Denmark. The Act on Religious Communities ensures for example that preachers in

religious communities with acknowledgement status can apply for permission to legally

perform marriages. Furthermore, a status of acknowledgement provides the religious

communities with certain benefits in regards to Danish tax laws. Accordingly, the Act on

Religious Communities adds to a promotion of tolerance towards and respect for religious

diversity in the Danish society.

Accepted in principle Reference is made to the responses to recommendations 121.48 and 121.25.

121.49

Develop a national plan against racism

and discrimination, in accordance with

its international obligations

Costa Rica

121.50

Develop a plan of action to combat

racism

Russian

Federation

Accepted in principle Reference is made to the response to recommendation 121.48.

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121.51

Strengthen national action plans that

promote tolerance and intercultural

understanding, in order to prevent and

counter racist and xenophobic acts,

particularly those arising from political

propaganda

Develop a national plan for combating

hate crimes in order to ensure

continuity and sustainability

Chile

Accepted in principle Reference is made to the response to recommendation 121.48.

121.52

Poland

Accepted in principle Reference is made to the response to recommendation 121.48.

121.53

Develop a comprehensive strategy and

action plan to combat xenophobia and

racial discrimination

Turkey

Accepted in principle Reference is made to the response to recommendation 121.48.

121.54

Establish an independent mechanism

to defend the rights of children on

Faroe Islands

Benin

Accepted

An independent mechanism to defend the rights of children is already in place in the Faroes.

In 2014, the Parliamentary Ombudsman was tasked with monitoring the rights of children

and young people in the Faroe Islands including public and private institutions. Furthermore,

the right to make a complaint to the Ombudsman was extended to Faroese children.

Corporate social responsibility and good corporate behavior are Danish priorities. The

Mediation and Grievance Mechanism for Responsible Business Conduct is an institution,

which addresses such issues established on the basis of the UN Guiding principles on

Business and Human Rights and the OECD guidelines for Multinational Enterprises.

According to its national and international obligations, Denmark continuously implements

the recommendation through policies and regulation.

121.55

Ensure that its policies, legislation,

State of

regulations and enforcement measures Palestine

effectively serve to prevent and address

the heightened risk of business

involvement in abuses in conflict

situations, which includes situations of

foreign occupation

Accepted

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121.56

Build on existing inclusion strategies by Canada

implementing public awareness

campaigns and education programmes

to promote diversity and tolerance,

while condemning racism and

xenophobia

Accepted

The Ministry of Education provides course materials and guides on how to educate students

on issues of discrimination and stigmatization of certain groups in society.

The Danish Vocational Education is organized to contribute to the development of the

students’ interest in and ability to actively participate in

a democratic society.

The Government has furthermore initiated different efforts to prevent radicalization and

extremism. An example is the 2016 reform of higher secondary education. The reform

emphasises educating students on issues of democracy, human rights and freedom rights.

In primary and lower secondary schools, the binding Common Goals for Social Studies and

religion require that the students are taught about the identity of the group, the significance

of culture and different religions, and their relationships to society.

Furthermore, in June 2018, the Danish Government released an action plan to promote the

safety and well-being of and equal opportunities for LGBTI persons. The plan features

several initiatives aimed at promoting tolerance of sexual diversity in primary and lower

secondary school. These include an evaluation of the teaching of health- sexual- and family

knowledge, a pre investigation of the planned monitoring of the well-being of LGBTI

persons and the publishing of inspiration and guidance materials for schools.

Teacher training:



The development of a democratic professional ethos and professional competence

is not just a matter of transferring knowledge and skills in special courses in teacher

education, but concerns the purpose and functions of teacher education institutions

(whole institutional approach).

Students in initial teacher training can attend the optional course

“Health and

Sexuality Education and Family Knowledge”. The course prepares the future

teachers to make informed choices regarding planning, execution and evaluation of

health education in the mandatory ground school subject Health-, Sexuality-, and

Family Knowledge. The course includes themes such as acknowledgement of

different sexual orientations, diversity in gender identity etc.

General education/Christianity, philosophy of life and citizenship is a mandatory

area of competence for all students in the Danish teacher education programme.

One of the aims is to make the teacher students able to prepare the pupils to



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

participate, demonstrate mutual responsibility and understand their rights and duties

in a free and democratic society”

The Danish Government's action plan (June 2018) on equal opportunities, security

and well-being for LGBTI persons includes, that the Ministry of Higher Education

and Science will initiate discussions with the management of higher education

institutions. The purpose of the discussions will be to uncover any challenges in the

area. Including whether there is a need for follow-up action. The Danish teacher

education is currently being evaluated. When it is done (by the end of 2018) it will

be considered whether there is a need for initiatives in relation to the sexual

education in the teachers education program.

Reference is also made to the response to recommendation 121.80.

121.57

Increase efforts to promote tolerance

and intercultural understanding with

the aim of eliminating discrimination

against minorities and non-citizens

Encourage highly placed state officials

and politicians to take a clear stance

against racist and xenophobic political

discourse

Japan

Accepted

Reference is made to the response to recommendation 121.48.

121.58

Tunisia

Accepted

Denmark has a vibrant political debate-culture. In this free debate a large number of highly

placed state officials and politicians have taken clear stances against racist and xenophobic

political discourse. A general prohibition on racist remarks and actions is also reflected in

provision 266b of the Danish Criminal Code.

The Government considers free speech a fundamental precondition for democracy. Ensuring

the right to freedom of expression is a main priority. Therefore the Government together

with a majority of the political parties in the Parliament established a Commission on

Freedom of Expression in 2017. The Commission will identify the legal framework, the

historical development and the social circumstances, which have made a considerable impact

on the conditions for freedom of expression in Denmark. The Commission is expected to

conclude its work in the first half of 2019. The findings will form the basis for a political

debate on the unfolding of freedom of expression in Denmark.

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121.59

Implement public awareness campaigns United Arab

to promote tolerance and respect for

Emirates

cultural diversity and to counter

prejudice, stereotypes, discrimination,

racism, and Islamophobia

Build tolerance and intercultural

understanding, and to develop a

national action plan on racism

Albania

Accepted

Reference is made to the response to recommendation 121.48.

121.60

Accepted in principle Reference is made to the response to recommendation 121.48.

121.61

121.62

When responding to hate crimes,

ensure targeted training of law

enforcement to strengthen capacity to

conduct special investigations,

accurately register complaints and

reflect victims’ perspectives

Provide basic human rights education

to children in primary and secondary

schools

Canada

Accepted

Training of law enforcement on how to identify, register, investigate and handle hate crimes

is an integrated part of the law enforcement training at the Danish National Police College.

Further training is offered by the Danish National Police after the law enforcement training

has ended.

Slovenia

Accepted

The Ministry of Education has entered into a cooperation with the Danish Institute of

Human Rights to produce examples of teaching modules, teaching activities and other

relevant materials on teaching human rights in school. The 2016 reform of higher secondary

education also emphasises educating students on issues of democracy and human rights.

It is mandatory for the Danish public schools to ensure that the students acquire knowledge

and skills regarding human rights. The educational objectives for the Danish public school

are provided for in the Act on the Public Primary and Lower Secondary School. The aim of

the Danish public school system is to prepare the students for participation, co-

responsibility, rights and duties in a society of freedom and democracy. Consequently, the

educational platform must inhabit freedom of mind, equality and democracy

–

all values that

derive from human rights.

The curriculum at elementary schools contains topics related to genocide as part of the list of

29 events included in the curriculum for history. The UN Universal Declaration of Human

Rights is one of the 29 events. Furthermore, under the Nordic Council of Ministers, a

teaching package has been prepared for school leaders and teachers on difficult topics to be

applied in Danish public schools.

121.63

Make teaching on genocide and crimes

against humanity a part of curriculum

in public schools

Armenia

Accepted

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The Danish Government also supports an online learning page called Never Again

(www.aldrigmere.dk), which includes learning activities and information about genocide for

students. An annual contribution of DKK 2.4 million has been made over the past 5 years.

121.64

Expressly prohibit discrimination

against persons with disabilities as well

as religious belief, sexual orientation or

age, outside the labour market

Bulgaria

Accepted in principle Reference is made to the response to recommendation 121.25.

121.65

Enhancing and improving laws and

legislation to combat all forms of

discrimination, racism and foreign

hatred

Lebanon

Accepted in principle Reference is made to the response to recommendation 121.25. Furthermore, the Criminal

Code contains provisions regarding racism.

121.66

Review its body of legislation

prohibiting discrimination on any

grounds, and in this regard, expressly

prohibit discrimination due to

disability, age, religious belief, sexual

orientation or gender identity

Continue the strengthening of the

comprehensive regulatory framework

that prohibits discrimination, including

that based on gender, and promote

coordination between the competent

bodies and facilitate the reporting of

such crimes by persons in situations of

vulnerability

Canada

Accepted in principle Reference is made to the response to recommendation 121.25.

121.67

Mexico

Accepted

Reference is made to the response to recommendation 121.25. Furthermore, since 2015 the

Danish Police has published an annual National Strategic Analysis, which sets out the overall

analysis of the police's operational focus areas. One of the focus areas of the police is hate

crimes.

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121.68

Consider enacting comprehensive

equality legislation that will provide

effective remedies and address

discrimination on all grounds

Serbia

Accepted

Reference is made to the response to recommendation 121.25.

121.69

Adopt the necessary legislative

Honduras

measures to ensure the integration of

the gender perspective in all public

policies at all levels of government, and

prohibit and punish discrimination

based on gender

Take more effective measures to

Italy

combat racial discrimination and

intolerance against migrants, and

improve the legislative framework with

the aim of fostering social acceptance

of migrants

Continue its efforts to further

mainstream gender equality in the

public sphere as well as to combat

domestic violence to protect the rights

of women in the private sphere

Thailand

Accepted

121.70

Accepted

Discrimination based on gender is prohibited with the Act on Gender Equality, which covers

discrimination outside the labour market and the Act on Equal Treatment covering

discrimination within the labour market. Denmark will continue the implementation of the

Strategy for Future Work, including through a gender mainstreaming assessment in the

public sector, which was launched in 2013. As a consequence, all legislative proposals must

be to assessed with a view to determining whether it is relevant to conduct a gender

mainstreaming assessment. Every two years, all public authorities must report on their work

on gender equality.

Reference is made to the response to recommendation 121.25.

121.71

Accepted

Denmark will continue the implementation of the Strategy for future work with gender

mainstreaming assessment in the public sector.

The Danish Government is currently implementing its fourth national action plan on

violence in intimate relations. The national action plan is a supplement to a comprehensive

system of publicly funded services for victims of violence including health care, shelters and

social services.

In 2017, the Government established a new national unit against violence in intimate

relations, which will operate a national hotline, organize rehabilitations networks for victims

of violence and provide knowledge on violence to professionals across sectors.

The Danish Government attaches great importance to securing that victims of crime,

including victims of domestic violence, are treated with dignity and respect and that they

receive the help and support, which is necessary, relevant and efficient under the

circumstances. During training at the National Police College, all police students receive

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training on how to prevent and detect violence, including domestic violence. As a part of

their education, all students pay a visit to a crisis centre.

At the courses, police investigators and caseworkers learn about the importance of respectful

and appreciative response in dealing with victims of domestic violence.

The Danish National Police provides continuous training in the use of the evidence-based

risk assessment tool. The risk assessment tools are used to assess the risk of violence

including the risk of repetitive and/or deadly violence in cases regarding stalking, cohabitant-

related violence and honour-related violence.

The police districts are required to follow the “Overall strategy for strengthened action

against homicide due to jealousy and other serious crimes in cohabitant relations” (2007)

dealing with e.g. the establishment of specialized police units, further development of the

cooperation between police, social services and health services and efficient use of the rules

regarding emergency barring orders and restraining orders.

The Danish Police has taken several measures to secure that female victims and victims of

domestic violence are sufficiently informed about civil organizations and associations, which

carry out tasks in the field of preventing violence in close relationships.

121.72

Continue progress to increase gender

equality and protections for women

and girls who encounter violence

including enhanced implementation of

Denmark’s existing legal and policy

frameworks

Australia

Accepted

Reference is also made to the response to recommendation 121.69.

Reference is made to the response to recommendation 121.71.

In 2016, the Government launched an action plan against stalking including new restraining

order measures, increased maximum punishments, improved handling of cases by the police,

education and training og personnel, nation-wide support services for victims and an

awareness raising campaign.

In 2017, the Government launched a comprehensive plan against sexual abuse online

including new guidelines for police and prosecutors, increased maximum penalties, new

research and prevention measures in schools.

Furthermore, the Government recently announced that it will introduce strengthened

measures against psychological violence including a separate section in the criminal code.

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121.73

Engage in dialogue and offer assistance Costa Rica

to the autonomous authorities of the

Faroe Islands and Greenland to

introduce legislative changes in favour

of women's rights and equality

Counter discrimination and promote a

more inclusive society

Australia

Accepted

Denmark exchanges best practices with Greenland and the Faroe Islands concerning

legislative as well as policy and other measures on promoting women’s rights and equality

through regular meetings. Also, through the Nordic Council of Ministers concrete projects,

conferences and seminars are organized in order to advance new initiatives, including on

combatting violence against women.

Reference is made to the responses to recommendations 121.25, 121.48 and 121.67.

121.74

Accepted

121.75

Develop and implement a national

action plan to cultivate a culture of

respect and tolerance and promote

intercultural understanding

Adopt legislation to prohibit all forms

of discrimination on the basis of race,

colour, ethnicity, age, religion and

disability and to ensure access to

effective remedy for victims of

discrimination

Enhance the promotion of dialogue

among societies, including inter-

religious and inter-cultural dialogue in

the country

Maldives

Accepted in principle Reference is made to the response to recommendation 121.48.

121.76

Iran

Accepted in principle Reference is made to the response to recommendation 121.25.

121.77

Indonesia

Accepted

Reference is made to the response to recommendation 121.48.

121.79

Pay more attention to the problems of

discrimination against non-ethnic

Danes and multicultural relations

Kyrgyzstan

Accepted

Reference is made to the response to recommendation 121.48.

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121.80

Step-up measures to effectively combat Malaysia

racism and xenophobia while

inculcating respect, tolerance and

intercultural understanding, especially

in schools

Accepted

Denmark prioritizes efforts to prevent racism and discrimination and will continue to do so

in accordance with international obligations. The Ministry of Education provides course

materials and guides on how to educate students on issues of discrimination and

stigmatization of particular groups in society.

The Government has launched a 3-year effort to create resilience for all children and young

people through efforts to promote citizenship to prevent radicalization, extremism and social

control. In addition, the Minister of Education has launched a campaign focusing on

community, democracy and citizenship for elementary school and all youth education.

121.81

Continue efforts to prevent various

forms of discrimination, including

discrimination based on ethnic origin

Morocco

Accepted

Reference is also made to the response to recommendation 121.48.

Reference is made to the responses to recommendations 121.25, 121.48 and 121.67.

121.82

Take effective policy measures in order Namibia

to combat racism; intolerance,

stereotypes and unlawful attitudes

against ethnic and religious minorities

and take legislative measures that

prohibit hate speech

Continue to implement measures to

eliminate discrimination, including on

the basis of ethnic or religious

background

New Zealand

Accepted

121.83

Accepted

Pursuant to the Danish Criminal Code when determining a sentence, it must be considered

an aggravating circumstance that the act was based on ethnic origin, religious faith or

sexuality of others or similar issues. The Danish Criminal Code contains a prohibition against

hate speech. Denmark attaches great importance to combating hate speech, incitement to

hatred etc., and several steps have been taken to ensure that such cases are effectively

investigated and prosecuted. Furthermore, reference is made to the response to

recommendation 121.25 and recommendation 121.48.

Reference is made to the responses to recommendations 121.25, 121.48 and 121.67.

121.84

Continue working on programmes to

Nicaragua

combat discrimination, particularly

against persons belonging to minorities

or vulnerable groups

Accepted

Reference is made to the responses to recommendations 121.25, 121.48 and 121.67.

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121.86

Take effective measures to encourage

tolerance and to combat illegal stands

and stereo types against minorities, in

particular Muslims

Saudi Arabia

Accepted

Reference is made to the response to recommendation 121.48.

121.87

Combat racism and xenophobia, and

strengthen efforts at promoting

intercultural understanding and

tolerance

Step up efforts to fight racial prejudice

and violence, xenophobia and

intolerance

South Africa

Accepted

Reference is made to the response to recommendation 121.48.

121.88

Argentina

Accepted

Reference is made to the response to recommendation 121.48.

121.89

Taking clear measures to combat

Islamophobia, racism and Xenophobia

and hatred

Bahrain

Accepted

Reference is made to the response to recommendation 121.48.

121.90

Effectively combat all manifestations

of Islamophobia and to promote

tolerance, intercultural dialogue and

respect for diversity in the society

Azerbaijan

Accepted

Reference is made to the response to recommendation 121.48.

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121.91

Launch specific targeted initiatives and

formulate policies to combat

intolerance, racism, xenophobia, in

particular against Muslims

Saudi Arabia

Accepted

Reference is made to the responses to recommendations 121.48 and 121.85.

121.92

Intensify its efforts to eliminate

Sweden

discrimination based on ethnicity,

including by improving access to justice

for victims of ethnic discrimination

Accepted

Reference is made to the responses to recommendations 121.25, 121.48 and 121.67.

121.93

Re-enforce measures to combat racism Algeria

and discrimination against persons of

foreign origin, in particular through the

prohibition of ethnic profiling and

through awareness raising in the

security services as to non-

discriminatory measures and methods

Step up efforts to combat racism and

ensure elimination of all acts of racial

intolerance

Botswana

Accepted

Reference is made to the responses to recommendations 121.48 and 121.67.

121.94

Accepted

Reference is made to the responses to recommendations 121.48, 121.97 and 121,103.

Denmark continues to be committed to preventing racism and racial intolerance and will

continue to counter acts of racial intolerance.

121.95

Work towards enforcing resolution

16/18 concerning combating

intolerance, negative stereotyping and

stigmatization of, and discrimination,

incitement to violence and violence

against, persons based on religion or

belief

Bahrain

Accepted

Reference is made to the responses to recommendations 121.25, 121.48 and 121.67.

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121.96

121.97

Discourage discrimination against

Pakistan

minorities in Denmark, especially

Muslims and take effective measures to

promote tolerance and counter

attitudes which lead to stereotyping and

hate crimes against ethnic and religious

minorities

Raise awareness in public, regarding the Pakistan

limits and responsibility of freedom of

expression, in accordance with

international standards urging to take

concrete legal and practical measures to

combat incitement to religious hatred

and intolerance

Promote and protect the rights of

Bolivia

indigenous peoples, peasants and other

rural workers

Accepted

Reference is made to the responses to recommendations 121.25, 121.48 and 121.67.

Accepted

121.98

Accepted

The Danish Criminal Code contains a prohibition against hate speech motivated by race,

color of the skin, ethnicity, religious belief or sexual orientation. Combatting hate crimes

remains a high priority for Denmark that does not accept any form of intolerance. Thus, in

November 2015, the Danish National Police intensified the efforts to prevent and combat

hate crime, amongst other things, by launching a monitoring programme, which makes it

possible to monitor hate crimes on a national scale. The monitoring programme provides an

overview of hate crimes carried out in Denmark, and is considered a valuable contribution in

the attempt to follow the development in hate crimes closely. The second annual report of

the monitoring programme was released in June 2017.

Denmark is party to the ILO convention 169 concerning Indigenous and Tribal Peoples in

Independent Countries and supports the implementation of the UNDRIP of 2007. On 21

June 2009, the Act on Greenland Self-Government came into force replacing the former

Greenland Home Rule Act of 29 November 1978. A principal objective of introducing self-

government has been to facilitate the transfer of additional authority and thus responsibility

to Greenlandic authorities. In the preamble to the Self-Government Act, it is recognised that

the people of Greenland is a people pursuant to international law with the right to self-

determination, and the act affirms that the Greenland Self-Government authorities exercise

legislative and executive power in the fields of responsibility taken over.

Denmark does not accept the premise that there is ethnic segregation in Danish schools.

According to the objective of the Act on the Danish Elementary School, the primary school

must prepare students for participation, co-responsibility, rights and duties in a society of

freedom and democracy. The work of the school must therefore be characterized by freedom

of mind, equality and democracy. Ensuring ethnic diversity in schools is the focus of current

government policy.

Reference is also made to response to recommendation 121.80.

121.99

Take concrete steps to end ethnic

Slovenia

segregation in schools, include diversity

and tolerance education in primary

school curricula, and submit

outstanding reports to the

implementation on the UNESCO

Convention against Discrimination in

Education

Accepted

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121.100 Implement support services and ensure South Africa

non-discrimination against the LGBTI

community

Accepted

Discrimination based on sexual orientation is prohibited in the labour market by the Act on

Equal Treatment. A Governmental Action Plan to promote security, well-being and equal

opportunities for LGBTI persons will be published in 2018.

The Danish Parliament agreed on allocating 3.36 million Euros over 4 years (2018-2021) to

the plan, among others to different initiatives aiming at supporting LGBTI persons and

combat discrimination.

The Action Plan will consist of a number of initiatives aiming at strengthening the security,

well-being and equal opportunities for LGBTI persons, including:

Strengthened counseling and support for LGBTI persons

Combating prejudices

Campaign for openness and inclusion in the labour market

Combatting homophobia and transphobia in sports and in public

Strengthened counseling for transgender people

Information material targeted parents of intersex children

Strengthened health efforts targeted LGBTI persons

A study of the well-being and living conditions of LGBTI persons.

121.101 Ensure equal access to public health

for LGBT persons, removing existing

legislative barriers for access to gender

reassignment-related treatments

Uruguay

Accepted in part

From 1 January 2017, Denmark stopped using the transgender diagnosis code “F64 Gender

identity disorders”, with the underlying codes. A set of new codes for treatment was created

instead in a neutral chapter. Denmark was the first country in the world to make this change.

Furthermore, in September 2017 Denmark issued new guidelines regarding gender

reassignment treatments. The new guidelines emphasize the importance of the healthcare

professionals showing respect and consideration. Due to the new guidelines, a psychiatric

investigation is no longer mandatory.

The Governmental Action Plan to promote security, well-being and equal opportunities for

LGBTI persons will include several initiatives regarding health issues, including a

strengthened focused on health of LGBTI persons in general practice: A new initiative seeks

to 1) improve general practitioners’ knowledge about the health challenges often met by

LGBTI persons 2) enable general practitioners to better meet LGBTI persons without

prejudice 3) encourage LGBTI persons to meet with their general practitioners and to be

open-minded about their gender and sexuality in their meeting with general practice.

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Denmark finds that the legislation on gender reassignment contains relevant safeguards.

Furthermore, since January 2016 it has been possible for children and adolescents from 12

years old to be considered for hormone-treatment, which postpones puberty, and from 16

years to receive hormones from the gender identified with. The treatment takes place in the

newly opened Knowledge Center for Transgender Children and Young People.

121.103 Monitor and address rampant hate

Pakistan

speech on the social media, especially

that is directed at Muslims and refugees

in public and political debates and

manifested in Islamophobia

Accepted

Denmark continues to attach great importance to combating online hate speech, incitement

to hatred etc., by taking several steps to ensure that such cases are effectively investigated and

prosecuted.

In addition, the Danish Security and Intelligence Service and the Danish National Police will

launch a digital mapping project in 2018 that amongst other things, will give authorities a

more comprehensive, exact and updated picture of the role that social media plays in relation

to hate crimes in Denmark. The knowledge gathered in this project will e.g. be used for

adapting and strengthening the prevention efforts carried out by ministries, agencies,

municipalities, the police, civil society participants and others.

Accepted

Reference is also made to the responses to recommendations 121.97 and 121.48.

The provisions regarding pre-trial detention in the Danish Administration of Justice Act,

which are based on a principle of proportionality, do not distinguish between nationals and

non-nationals.

121.104 Limit the use of prolonged periods of

pre-trial detention for non-nationals

Greece

121.105 Continue to combat violence against

women and girls and develop a

comprehensive action plan for the

prevention of sexual violence and for

ensuring the legal rights of victims of

sexual violence

121.106 Allocate the human and technical

resources necessary to strengthen the

fight against gender violence, at all

levels of government and the justice

system

Finland

Accepted

Reference is made to the response to recommendation 121.71.

Furthermore, in 2016 the Government launched a number of initiatives to improve the

efforts against rape, including guidelines for the police on how to receive and handle rape

cases. The national police has set up an expert group of investigators and prosecutors who

will contribute to developing the guidelines and an advisory forum where the police meet

with organizations that deal with victims of rape.

Reference is made to the responses to recommendations 121.71 and 121.105.

Honduras

Accepted

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121.107 Ensure that programmes and policies

to curb domestic violence are fully

implemented

121.108 Review its approach to domestic

violence to better prevent and respond

to cases of domestic violence against

women and children

Philippines

Accepted

Reference is made to the response to recommendation 121.71.

The implementation of the national unit again violence in intimate relations is independently

evaluated by the independent consulting firm, Rambøll. The evaluation report will be

finished by 2019.

Denmark is continuously working to strengthen the protection and support for women,

vulnerable children, and their families.

The implementation of the fourth national action plan on violence in intimate relations by

the Danish Government, which focuses on domestic violence against women and children, is

being thoroughly evaluated by the independent consulting firm, Oxford Research. The

evaluation will be used to develop new policies.

In addition to the national action plan against domestic violence, the Parliament has agreed

to launch the initiative “Collective effort to end violence in intimate relations”.

The initiative has three main focus areas:

Funding for counselling and treatment programmes run by the NGO, Mothers’

Aid, for women and children who are victims of domestic violence.

Funding for the NGO Dialogue against Violence’s treatment programmes for

perpetrators of domestic violence.

The establishment in 2017 of a national unit against violence in intimate relations.

United States of Accepted

America

Reference is also made to the responses to recommendations 121.71 and 121.114.

121.109 Develop and adopt further measures to Austria

prevent and combat sexual violence

against women

Accepted

In 2016, Denmark took measures in order to support more victims of sexual violence in

reporting the crimes to the police alongside with a strengthened and more professionalized

case handling. In this process, there is a continuous focus on improving the approach of the

various authorities, which handle the victims.

In 2017, the Government launched a comprehensive plan against sexual abuse online

including new guidelines for police and prosecutors, increased maximum penalties, new

research and prevention measures in schools. In the light of the #MeToo the Government

have launched a number of initiatives to combat sexual harassment in the labour market.

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This includes revising the guidelines on and engaging in dialogues with companies and social

partners on how to prevent and tackle sexual harassment.

121.110 Step up efforts to prevent violence

against women and domestic violence

Azerbaijan

Accepted

Reference is made to the response to recommendation 121.71.

In December 2017, the Government launched an awareness raising campaign on intimate

partner violence using films on social media. In addition, an annual school competition and

information and awareness raising days in schools are organized throughout the country to

inform young people about psychological, physical and sexual violence in relationships. The

Government recently announced that it will introduce strengthened measures against

psychological violence including a separate section in the criminal code.

The Greenlandic Government (Naalakkersuisut) has adopted an action plan for 2014-2017 to

prevent and combat violence. The action plan does not entail a specific focus on sexual

violence. However, it emphasizes that violence is not solely physical violence. Thus, several

of the initiatives also have a positive effect on the prevention and combating of sexual

violence.

Several initiatives were established on the grounds of the action plan, including the launch of

a website addressed at young people who seek knowledge and counselling on relationships

and problems in relationships, an edutainment television campaign, and capacity building in

relation to crisis centres for women and children. The implementation of the initiatives is

ongoing.

In 2015, the Parliament of Greenland (Inatsisartut) agreed to the entry into force in

Greenland of the Danish Act on Parental Responsibility. According to the act, the child has a

right to care and security. It must be treated with respect and not be exposed to corporal

punishment or other acts of insult.

The aim is to send a clear political message and protect children against all forms of domestic

violence as well as to ensure that Greenland respects Article 19 in the United Nations

Convention on the Rights of the Child.

In 2016, the Parliament of Greenland (Inatsisartut) agreed to the entry into force in

Greenland of the Danish Act on retention, residence ban and expulsion. The Act intends to

protect people, who are being exposed to violations and harassment. The act for instance

121.111 Take necessary measures in order to

Iran

prevent and combat sexual exploitation

and abuse of vulnerable people

especially in Greenland

Accepted

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makes it possible to intervene and aid in ways that do not require a victimised woman or

child to leave the family home.

121.112 Continue moving in the direction of

Georgia

improving the standards and the quality

of care and treatment in foster homes

Accepted

Since 2016, new initiatives have been put in place to improve the quality of foster care and to

ensure stability and continuity in the upbringing of children living in foster homes. Several

measures have been adopted, including enhanced support, supervision and training of foster

families. Furthermore, efforts are made to strengthen local cooperation between foster

families and specialised treatment facilities to ensure that each child’s needs for specialised

support are being met while allowing the child to grow up in a family-like environment.

The Danish Independent Police Complaints Authority handles investigation of criminal cases

against police officers and considers and decides complaints of police misconduct. Headed

by a council and a chief executive, the Police Complaints Authority exercises its functions in

complete independence of both police and prosecutors.

In 2013, the Government allocated DKK 268 million to strengthen the protection of

children and young people from violence and sexual abuse. Among several initiatives, one

entailed

the establishment of five special Children’s Houses covering all municipalities in

Denmark. The purpose of the Children's Houses is to ensure that all child victims of abuse

receive coordinated and professional help from social services, police, therapeutic services

and health services in a child friendly environment. The relevant authorities will meet the

children in the Children’s Houses and coordinate their casework to ensure that each child

receives a timely and effective support. The Children’s

Houses are staffed by professionals

who are specifically qualified to handle cases of abuse involving children and adolescents.

The Children’s Houses also collect data on children receiving help in the Children’s Houses.

The data is disaggregated by geographical location, sex and age of the victim, type of violence

and the relationship between the suspected perpetrator and the victim. A national statistical

analysis on child abuse based on data collected in the Children’s Houses is published yearly

by the National Board of Social Services. The National Board of Social Services is also

responsible for supporting the operation of the Children’s Houses and the cross-sectorial

collaboration between the authorities involved. Also, the Act on Social Services ensures that

all women exposed to domestic violence can receive help at a women's shelter, and that these

victims can be accompanied by their children. Danish municipalities are obliged to offer

psychological support to all children who are temporarily staying at a women's shelter.

121.113 Accelerate the establishment of a police Libya

independent mechanism which ensures

that they do not resort to violence

against women and girls

121.114 Ensure that all cases where children

Republic of

have been a victim of domestic

Moldova

violence or witnessed such violence are

properly documented and registered

and that social recovery and

reintegration services of child victims

are reinforced

Accepted

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121.115 Continue its successful initiatives to

fight the worst forms of child labour,

in particular child trafficking for the

purposes of labour exploitation and

prostitution

Venezuela

Accepted

The social authorities are notified when a child under the age of 15 has been a victim of

domestic violence or witnessed such violence and is to be interrogated by the police. This

ensures that the social authorities can be present at the interrogation and take further

appropriate measures.

The Danish National Police have established guidelines as well as an administrative

procedure for the handling of cases regarding trafficking, including cases regarding child

victims of trafficking.

Furthermore, the Danish National Police provides education for police officers within the

framework of the Danish National Police College regarding the handling of human

trafficking cases concerning children. The Danish National Police will take action to review

the guidelines to ensure that they are clear and up to date.

The Danish National Police and the Office of the Director for Public Prosecutions is able to

provide statistics on the number of child labour offenses reported to the police as well as the

number of persons charged, prosecuted and convicted for child labour offenses.

121.116 Take necessary measures to ensure that Lithuania

sufficient up-to-date data on the worst

forms of child labour would be made

available

121.117 Step up efforts to prevent and address Slovakia

bullying in schools, inter alia, by

introducing a range of educational and

socio-pedagogical methods, and

consider introducing appropriate

monitoring of anti-bullying strategies in

schools

121.118 That Greenland reform and upgrade

Iceland

municipal competences and

accountability in order to apply

constructive measures and to promote

protection of the child against violence,

and to assist families in rehabilitation

efforts on substance abuse and

addiction

Accepted

In March 2017, the Act on Pupils and Students Educational Environment was amended. The

changes included requirements regarding a mandatory strategy for anti-bullying, a mandatory

action plan regarding problems in the psychological educational environment and the

establishment of an agency for complaints and supervision regarding bullying.

Accepted

In 2017, the Government of Greenland (Naalakkersuisut) established a Social Agency. A

primary task for the Social Agency is to support and upgrade competences in the

municipalities.

Among the specific initiatives related to the Social Agency can be mentioned: Ensure

common workflows and approaches; better and more training; exchange of best practices

and experiences; and implementation of it systems that support the purpose of relevant

regulations.

In 2016 and 2017, new centres for treatment of abuse were opened in three of the five

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municipalities. Centres are also to be opened in the remaining municipalities. The idea is to

offer treatment as close to the recipients' home as possible. This will be ensured with a

mobile team or at the aforementioned centres. Treatment is free of charge.

121.119 Further ongoing efforts to combat

human trafficking

Sri Lanka

121.120 Continue to pay special attention to the Nicaragua

victims of human trafficking and

harmonize its national legislation with

international instruments to which it is

a party and recommendations made on

this matter by treaty bodies

121.121 Strengthen the implementation of

Colombia

mechanisms for the assistance of

victims of trafficking, placing emphasis

on child victims of this crime

The Danish Parliament has recently agreed on allocating 8.5 million Euros to a new Action

Plan against Human Trafficking for 2019-2021. The new action plan focuses on flexibility

and to ensure that efforts are tailored to the specific needs of each victim of human

trafficking. The relevant stakeholders and front staff must be ready to meet new

developments and exploitation forms, and those who already have contact with the target

group must be able to identify signs and signals on human trafficking and thus contribute to

preventing trafficking through engaging in the outreach work.

Accepted in principle

Denmark finds its legislation in accordance with Denmark’s international obligations and will

consider all treaty body recommendations on this matter.

Accepted

Denmark finds the existing mechanisms for the assistance of victims of trafficking fully

adequate, including mechanisms regarding child victims.

Danish authorities are particularly aware of the special vulnerability of children victims of

trafficking. Therefore, a wide range of measures, including individual assistance and support

for the children victims are offered in a close cooperation between the involved actors and

the child's personal representative.

The upcoming Danish action plan against human trafficking 2019-2021 continues the effort

to combat trafficking in human beings in all forms, including a special focus on particularly

vulnerable groups such as children. Reference is also made to the response to

recommendation 121.115.

The Danish effort against human trafficking has a special focus on outreach work,

identification and support of victims of human trafficking. Denmark has a well-functioning

identification process

–

both regarding persons staying in Denmark legally and irregularly as

well as asylum seekers. Furthermore, all victims of human trafficking are - depending on their

individual needs - offered health services and social/psychological/legal counselling and

advice, including the possibility of applying for asylum if the victim fears persecution in his

121.122 Further combat the worst forms of

child labour, including trafficking for

the purpose of forced labour and

prostitution

121.123 Further ensure the identification and

protection of victims of human

trafficking

Lithuania

Accepted

Greece

Accepted

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or her home country. In addition, a support person can also be designated to a victim as and

when needed.

The identification process is also a priority in the National Action Plan to Combat

Trafficking in Human Beings 2019-2021.

121.124 Adopt legislative and policy measures

to eradicate re-victimization in cases of

trafficking and ensure adequate

protection to victims, migrant workers

in particular, regardless of their

immigration status

121.125 Strengthen protection for victims of

human trafficking by providing

temporary residency in order to

promote cooperation with law

enforcement and establish legal

alternatives to their deportation to

countries where they may face

retribution or hardship

Honduras

Accepted

Denmark considers that adequate legislation is in place.

United States of Accepted

America

Temporary residence permits may be issued to a foreign national, whose presence in

Denmark is required for the purpose of investigation or prosecution. Furthermore, regardless

of whether or not a victim of human trafficking cooperates with the police, the person is

provided with a period of 30 days to recover and restitute. This period can be extended up to

a total of 120 days when the victim cooperates with the authorities in relation to a voluntary

return. Victims of trafficking may - as all other foreign nationals staying in Denmark - apply

for asylum or a residence permit on other grounds. Denmark is not considering expanding

the possibilities for obtaining residence permit in this area.

121.126 Undertake a comprehensive

Russian

investigation into the so-called prison

Federation

flights in which the Central Intelligence

Agency of the United States of

America landed aircraft at Danish

airports with arbitrarily detained

persons on board during its special

operations

Accepted

An inter-ministerial working group published a report on the alleged CIA rendition flights in

2008. In November 2011, on behalf of Greenland, the Minister of Foreign Affairs requested

the Danish Institute for International Studies (DIIS) to initiate an impartial investigation on a

number of aspects regarding the alleged CIA flights, i.e. allegations of duplicity on the part of

the former Danish Government. The results of the investigation were published on 29 May

2012 and concluded, inter alia, that the Government with the preparation of the inter-

ministerial Working Group Report of 2008 had succeeded in carrying out a thorough

investigation on the issue of the alleged overflights. The report of DIIS also concluded that

there had been no duplicity on the part of the Government in the matter. Following the

release of the report the Government announced that it considered the matter closed.

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121.127 Investigate, prosecute and punish all

hate crimes against minorities

Azerbaijan

121.128 Reform its criminal justice system and Botswana

ensure the age of criminal responsibility

is in line with international standards

A number of provisions in the Danish Criminal Code criminalize violence, threats, vandalism

etc. Furthermore, a provision states that in general it is an aggravating circumstance, if a

crime is motivated by ethnicity, religious belief, sexual orientation or similar reasons. The

Criminal Code also has a separate provision concerning hate speech motivated by race, color

of the skin, ethnicity, religious belief or sexual orientation. In addition, the Danish Act on

Prohibition against Discrimination on the ground of Race etc. states that no commercial or

non-profit business may deny service or access to a specific person or group on the grounds

of race, color of the skin, ethnicity, religious belief or sexual orientation. The police and the

prosecution will investigate, prosecute and punish perpetrators of these provisions, where the

conditions are met. The Danish Ministry of Justice produces a national crime victim survey

in cooperation with other institutions, which includes estimates of the number of violent

hate crimes committed in Denmark. Starting in 2019, the questionnaire used for the survey

will include a question, which to a wider extent covers motives for violence against LGBTI

persons.

Accepted in principle In October 2017, the Danish Government has proposed a reform on the strategy on

combating youth crime, which is currently being discussed in the Danish Parliament. If

reformed, the age of criminal responsibility will remain in line with international standards.

Accepted

121.129 Review the detention in solitary

Mexico

confinement of persons under 18 years

of age, to ensure that no child is held in

ordinary prisons for adults

Accepted in part

The conditions for the use of solitary confinement of persons under the age of 18 are very

strict and the possibility of such confinement is only used in exceptional cases. Persons under

the age of 18 are only placed outside juvenile departments if it is assessed to be for the

benefit of the individual.

121.131 Introduce alternative measures to pre-

trial detention for minors wherever

possible, and develop clear rules for the

treatment of minors in police custody

and monitor their effective

implementation in practice

United

Kingdom of

Great Britain

and Northern

Ireland

Accepted

The Danish Administration of Justice Act already contains alternative measures to pre-trial

detention. Further to the Danish Administration of Justice Act, the Danish Police

Administration Act contains provisions that ensure that the police is obliged to make certain

considerations when encountering a child in a vulnerable situation.

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121.132 Take the measures necessary to prevent Honduras

the detention of minors in adult

prisons

121.133 Limit the use of or abolish solitary

confinement of children

Namibia

Accepted in part

Reference is made to the response to recommendation 121.129.

Accepted in part

Reference is made to the response to recommendation 121.129.

121.136 Give special considerations to juvenile Thailand

offenders, such as to prohibit the use

of solitary confinement against persons

under 18 and separate juveniles

offenders from adult offenders

121.137 Provide protection for the family as the Egypt

natural and fundamental unit of the

society

121.138 Ensure, through effective measures and Italy

consultations, that contested children

in a marital dispute have the possibility

of maintaining a consistent contact

with the foreign parent living abroad

121.139 Adopt practical and legal measures to

Iran

strengthen the foundation of the family

and avoid resorting to measures and

legislation which endanger the very

foundation of the family in society

Accepted in part

Reference is made to the responses to recommendations 121.129.

Accepted

Danish legislation promotes and protects family life. Denmark leaves it to the citizens to

decide how to organize their family life.

Accepted

Danish legislation ensures that the child's connection with both parents is maintained by

granting the child the right to access with the parent with whom it does not reside. This also

applies in relation to a parent living outside of Denmark. The legislation also ensures that

decisions concerning custody, access and residence must be based on the best interest of the

child, and that in all matters relating to the child, the child’s own views must be taken into

consideration, depending

on the child’s age and maturity.

Reference is made to the response to recommendation 121.137.

Accepted

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121.140 Undertake all necessary efforts to allow Austria

for both parents to be able to act

responsibly for the upbringing and

development of the child

Accepted

Children who are placed in alternative care have the right to maintain parent visitation and

contact with both parents as well as the child's network. In ensuring this right due

consideration of the best interest of the child must be made, including with regard to the

health and safety of the child.

121.142 Amend the Marriage Law in the Faroe Iceland

Islands to allow for same sex marriages

Accepted

The Faroese Parliament passed an amendment to the Marriage Act in May 2017, allowing

same-sex couples to wed.

121.143 Refrain from banning or setting age

limit on non-therapeutic circumcision

of boys

121.145 Eliminate any legislation or measures

that discriminate on the basis of

religion

Egypt

Accepted

The current Danish legislation is already consistent with the recommendation.

United Arab

Emirates

Accepted

No Danish legislation discriminates on the basis of religion. Furthermore, minority groups

and non-citizens legally residing in Denmark enjoy equal access to, inter alia, employment,

education, housing, health services, and to justice.

Reference is made to the response to recommendation 121.48.

121.146 Intensify its efforts in combatting hate

crimes through the effective

implementation of the new monitoring

system provided for this purpose

121.147 Launch awareness campaigns and

financially support NGOs working in

the area of crimes related to prejudice

and hate

Côte d’Ivoire

Accepted

Reference is made to the response to recommendation 121.97.

Spain

Accepted

Reference is made to the response to recommendation 121.48.

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121.148 Condemn all hate crimes,

discrimination and racial profiling

Malaysia

Accepted

Reference is made to the responses to recommendations 121.25 and 121.48.

121.149 Promote responsible freedom of

Malaysia

expression in speeches and publications

to curb hate crimes

Accepted

Reference is made to the response to recommendation 121.97.

121.150 Continue strengthening efforts to

combat hate crime

Morocco

Accepted

Reference is made to the responses to recommendations 121.48, 121.97 and 121.103.

121.151 Continue to strengthen efforts taken by Singapore

the police to combat hate crime based

on ethnicity and ensure effective

handling of such cases

Accepted

Reference is made to the responses to recommendations 121.97 and 121.103.

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121.152 Enact legislation which makes a

distinction between the freedom of

expression and hate speech and take

measures to guarantee the

representation of minorities in social

and political areas

Saudi Arabia

Accepted in part

The first part is accepted, and reference is made to the response to recommendation 121.97.

In Denmark, anyone with franchise for national elections has the same rights and

opportunities to vote and stand for elections and to join politics. Foreigners can vote and

stand as candidates on an equal footing with Danish nationals at local elections, when they

have resided in Denmark (the realm) for three years.

121.153 Intensify its efforts to combat hate

speech, racist and xenophobic

statements

121.154 Take further active steps to create

equal opportunities for both men and

women in the labour market, and to

bridge the gender wage gap

Belarus

Accepted

Reference is made to the responses to recommendations 121.25 and 121.48.

Sweden

Accepted

In Denmark, the level of pay is regulated by the social partners in collective agreements or

individual contracts. The Act on Equal Pay prohibits gender-based discrimination in relation

to pay. The Act also sets an obligation for employers with at least 35 employees and 10 men

and 10 women in the same work function to provide gender-segregated pay statistics. This

obligation has existed since 2007. As a service to employers, Statistics Denmark and

employers’ organisations provide employers with pay statistics free of charge. Pay statistics

increase pay transparency and serve as a basis for the employer and employees to discuss the

pay structures within the company. Furthermore, the Act on Equal Treatment of Men and

Women in relation to Employment obliges employers to treat men and women equally in

relation to recruitment, transfers and promotions.

The Danish Government has taken a number of active steps towards creating equal

opportunities in the labour market, including most recently a nationwide campaign to

promote the use of parental leave by fathers. The campaign has been developed in dialogue

with a number of companies, organisations and trade unions. The aim is to promote the use

of parental leave by fathers through debate, education, inspirational material for companies

and role models. A study on the effects of the use of parental leave is also being prepared.

Denmark has a variety of different social programmes with the purpose of helping and

strengthening the abilities of vulnerable persons.

121.155 Continue strengthening social

Venezuela

programmes for the most vulnerable

sectors of the population, in particular

children, women, the elderly and those

with disabilities belonging to minorities

Accepted

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121.156 Ensure that all persons belonging to

Uganda

disadvantaged groups and marginalized

groups have access to basic health care

Accepted

Reference is made to the response to recommendation 121.25.

Health care facilities such as general practitioners (GPs), health care clinics and hospitals

must aim to be accessible to people with reduced mobility. In the case of newbuilding or

major refurbishment of health care facilities, it is a general requirement that the building code

is respected regarding accessibility for persons with disabilities etc.

121.157 Ensure continuous schooling of

children following the decision on

placement in alternative care

Slovenia

Accepted

121.158 Continue its efforts to ensure access to Belarus

state education for all children, without

regard to their legal status

Accepted

The municipalities are responsible for the enrolment in primary or lower secondary

education of every child subject to compulsory education. To ensure the right to education

of children placed in alternative care outside the municipality of residence, the current and

the former municipality of residence must co-operate on the education offered to the child.

The child must receive an educational offer within three weeks of placement. Their education

must meet the standards of the Public School Act and sufficient support must be given for

children with special needs.

Denmark has 10 years of compulsory education and the tuition is free for Danish primary

and lower secondary schools. This right and duty applies to all children as soon as they have

a residence permit. According to the Aliens Act, asylum seekers of the age of instruction

(approx. 6-17 years old) must participate in specially organized education corresponding the

age and competence based education offered to bilingual children enrolled in the Danish

school system.

If an asylum seeker under the age of 18 wishes to be admitted to a public school class, this is

possible if certain criteria are met.

FO: Faroese children are already guaranteed access to education in the Faroe Islands.

Education is compulsory for 9 years, normally between the ages of 7 and 16. The enrolment

rates for primary and secondary schools are 100%.

GL: The enrolment rates for primary and lower secondary schools are 100%.

Greenland respects and observes Section 76 of the Danish Constitution regarding

compulsory schooling as well as the United Nations Convention of the Rights of the Child.

These obligations are implemented through

inter alia

automatic enrolment of children in the

school age, who are under an obligation to attend school until and including the 10th school

121.159 Consider further actions to promote

better access to education for children

in Greenland and in the Faroe Islands

Estonia

Faroes: Accepted

GL: Accepted

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year. The schools have a rights council whose job it is to ensure children’s rights

during their

schooling.

121.160 Pay special attention to accessibility

Spain

and the physical environment of

educational establishments in line with

the suggestions of the National Council

for Children

121.161 Take effective measures to address the

inequality in the status of minority

languages

Djibouti

Accepted

The Act on Student’s Learning Environment states that all students have a right to a good

learning environment. It is the responsibility of the municipality and the school principal to

ensure physical accessibility for the students. In this regard, schools are obliged to make and

publish an educational environment assessment every three years that examines both the

physical, psychological and aesthetic educational environment.

The work of the Committee to Secure Higher Quality of Interpretation Resources ended in

2017, because the new Public Procurement Act from 1 January 2016 states a procurement

obligation with regard to interpretation resources. In 2017, the Danish Ministry of Justice

and the Danish Ministry of Immigration and Integration started working on a common

public procurement of interpretation services, where the focus is also on improving

interpretation skills. The plan is that a new provider of interpretation resources will start

delivering interpretation resources to the Danish ministries in March 2019.

Accepted [Denmark

understands the

recommendation of

Djibouti as delivered

in French during the

review and

subsequently

distributed in writing

as: "Concernant

l’assistance pour les

réfugiés, les immigrés,

et les groupes

minoritaires devant les

tribunaux, nous

recommandons au

Danemark de prendre

des mesures effica-ces

pour remédier la

qualité inégale des

langues minoritaires."

It is this wording of

the recommen-dation

which Denmark

accepts.]

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121.162 Ensure that Inuit children can retain

their identity and use their own

language

Panama

GL: Accepted

121.163 Strengthen policies and initiatives to

promote tolerance towards and

integration of ethnic minorities in all

spheres of society

121.164 Strengthen the employment and

education rate among refugees and

migrants

Singapore

Accepted

South Africa

Accepted

Reference is made to the declaration made by the Danish Government, acceded to by the

Government of Greenland, in line with Denmark’s ratification of the ILO Convention no.

169 on Rights of Indigenous and Tribal Peoples. In addition, Greenlandic is the official

language in Greenland. The Parliament of Greenland has passed a Parliament of Greenland

Act no 7 of 19 May 2010 on language policy. Thus the right of the Inuit children to retain

their identity and use their own language is ensured.

Denmark emphasises a good reception of newly arrived refugees and immigrants within the

frames set out by the Danish Integration Act and the integration programme. Thus, the

purpose of The Integration Act is to ensure that newcomers are granted the possibility to use

their resources and capabilities in order to become participating, self-sufficient and

contributing fellow citizens on equal terms with the society’s other citizens in accordance

with the basic norms and values in the Danish society.

Overall, participation in the labour market is the main focus point of the Danish Integration

Policy as the Government believes that practical labour market acquaintance is the surest

path to obtain regular employment and integration in general. Thus, the Danish Integration

Act was amended in 2016 focusing on the outcome of employment and integration programs

by introducing better screening of refugees’ competencies, combining employment

and

language classes and tying refugees’ allocation to job opportunities.

The results and the report about the experimental program on mother tongue education was

released on the 3rd of May 2017. The final results of the program show that no programs

have been found that can uniquely help bilingual students.

121.165 Continue its experimental programme

on access to mother tongue education

for children belonging to minority

groups

State of

Palestine

Accepted

121.167 Fulfil obligations and commitments

under international law to enhance

efforts to combat hate crimes,

especially those targeting refugees,

migrants and based on religious

background

China

Accepted

Reference is made to responses to recommendations 121.48, 121.103, 121.127 and 121.150.

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121.168 Adopt comprehensive immigration

legislation consistent with their human

rights obligations, to ensure non-

discrimination and the effective

integration of immigrants

Honduras

Accepted

Reference is made to responses to recommendations 121.25, 121.48, 121.163 and 121.164.

121.169 Continue working to improve its

Japan

treatment of migrants and refugees in a

transparent manner, and with full

respect for human rights, especially

those of women and children

Accepted

Reference is made to responses to recommendations 121.25, 121.48 and 121.163.

121.171 Ensure that all relevant international

conventions and protocols are

respected, and that migrants,

particularly children, have access to

basic services and are housed in

suitable conditions

New Zealand

Accepted

Denmark respects its international obligations including in relation to ensuring the rights of

migrants, including for children. Reference is made to the responses to recommendations

121.25, 121.48, 121.158, 121.163 and 121.173.

121.172 Step up efforts to tackle structural

Republic of

discrimination faced by minority

Korea

groups, non-citizens and refugees,

especially with regard to employment,

education, housing, health services, and

access to justice

121.173 Take measures to prevent

Russian

discrimination against migrants and

Federation

refugees in access to the labour market,

as well as to health care and education

Accepted

Reference is made to the responses to recommendations 121.25 and 121.48.

Accepted

Reference is made to the responses to recommendations 121.25 and 121.48.

The Act on prohibition against differences of treatment applies to workers or applicants for

vacant jobs on the Danish labour market. If a worker experiences discrimination, the worker

has the opportunity to complaint (free of charge) to the Board of Equal Treatment.

The Danish health care system is based on the principle of easy and equal access for all

residents and the vast majority of health services in Denmark are free of charge for residents,

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e.g. hospital services, and services provided by general practitioners (GPs). Migrants with a

Danish residence permit are entitled to the same healthcare as Danish nationals. Asylum

seekers and undocumented migrants have access to necessary healthcare as well as acute

healthcare.

121.177 Ensure that the best interests of the

child are fully considered when

deciding on asylum applications

Namibia

Accepted

Concerning education reference is made to the response to recommendation 121.158.

The best interest of the child is always taken into account when deciding on asylum cases e.g.

when appointing a personal representative to an unaccompanied minor, conducting

interviews with children in a child friendly manner, deciding

not

to conduct an interview with

a child accompanied by its parents e.g. to prevent damage of the credibility of the parents,

granting residence permit to an unaccompanied minor, who is assessed too immature to

complete an asylum procedure and who does not have family members or the opportunity to

stay at a reception centre in his/her home country or former country of residence, offering

schooling to children between 6-16 years old, accommodating unaccompanied minors in

child sensitive facilities and accommodating minors accompanied by its parents in family

sensitive facilities.

It is a standing procedure that Denmark assesses the compliance with and respect of

Denmark’s international obligations when amendments to national legislation are introduced.

Denmark considers its legislation in full conformity with Denmark’s international

obligations.

As a main rule, asylum seeking minors and minors with illegal stay cannot be detained. In

special cases, detention may however be necessary in order to ensure, inter alia, their return.

Asylum-seeking children are offered free schooling to which they are obliged to attend. All

migrant children residing legally in Denmark enjoy equal access to education.

121.178 Ensure that changes in the asylum laws Philippines

and regulations are compliant with

international human rights standards

121.179 Exempt all asylum-seeking and migrant Portugal

children from detention and grant

them access to education through

integration into mainstream public

schools

121.180 Ensure that asylum seekers and

Afghanistan

children of refugees receive the same

quality of education as other children in

Danish schools

Accepted

Accepted in part

Accepted

Asylum seeking children receives education corresponding the education offered to bilingual

children enrolled in the Danish school system. Children of refugees have equal access to the

school system as Danish nationals.

Reference is further made to the response to recommendation 121.158.

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121.182 Ensure that the treatment of asylum

seekers remains in accordance with the

international conventions and

protocols that Denmark has signed up

121.183 Ensure that the best interests of the

child are fully considered when

deciding on asylum cases

Austria

Accepted

Denmark considers that refugees and asylum seekers in Denmark are adequately protected

and that this protection is in accordance with Denmark's international obligations.

Austria

Accepted

Reference is made to response to recommendation 121.177.

121.184 Ensure that the best interests of the

Iceland

child are fully considered when

deciding on asylum cases and to uphold

international obligations under the

1951 Refugee Convention

121.186 Grant the right to family reunification Guatemala

to all refugees

Accepted

Reference is made to response to recommendation 121.177.

Accepted in principle Denmark finds its regulation on family reunification in accordance with Denmark's

international obligations, including the right to family life. As the main rule refugees have the

right to family reunification with their spouse/partner and children in Denmark if they

cannot live together in for example the spouse/partner’s country of origin.

For foreigners

with temporary protection status see response to 121.190.

Accepted

Denmark considers that the necessary legal measures to ensure the right to family

reunification of children aged over 15 years are being taken.

Foreigners with temporary protection status have the right to family reunification, but the

right is generally postponed for 3 years in the light of the special temporary residence status.

In November 2017, the Danish Supreme Court

–

in a specific case concerning the rules

governing the postponement of family reunification for beneficiaries of temporary protection

–

found that the 3 year postponement of the right to family reunification was not a violation

of the right to family life nor the prohibition on discrimination.

Exceptions to the postponement shall be made in all cases where Denmark’s international

obligations so require. When receiving an application for family reunification to foreigners

with temporary protection status, the immigration authorities conduct a preliminary

121.189 Take the necessary legal measures to

ensure the right to family reunification

of children aged over 15 years

121.190 Importance be given to guarantee that

refugees who fall into the category of

“war refugees” are given the right to

family reunification

Argentina

Bahrain

Accepted

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screening in order to examine whether there is information indicating that the application

should be subject to a fast track processing.

121.193 Continue to implement the measures

necessary to find solutions for stateless

persons

Colombia

Accepted

The current political agreement on the conditions for acquiring Danish citizenship by

naturalisation contains, among others, a separate chapter dedicated to stateless applicants,

born in Denmark, who are covered by the 1961 UN Convention on Reduction of

Statelessness and the 1989 UN Convention on the Rights of the Child.

Reference is made to the response to recommendation 121.193.

121.194 Take further measures to ensure that its Finland

national citizenship legislation complies

fully with the 1961 Convention on the

Reduction of Statelessness

Accepted

121.195 Strengthen measures to promote

citizenship

South Africa

Accepted

The Nationality Act was amended in 2014, giving children born in or out of wedlock equal

access to acquire Danish citizenship by birth. Furthermore, in 2014 the Nationality Act was

amended, allowing dual citizenship from 1st September 2015.

The first part, on adopting a legal framework to facilitate the granting of residence permits to

child victims of trafficking is noted (See response to 121.125). The second part, on granting

citizenship to all children born in Denmark that otherwise would be stateless is accepted.

Reference is made to response 121.193.

121.196 Adopt a legal framework to facilitate

Mexico

the granting of residence permits to

child victims of trafficking and to grant

citizenship to all children born in

Denmark that otherwise would be

stateless and thus more vulnerable to

exploitation

121.197 Carry out an inclusive, evidence-based Netherlands

evaluation of the Danish anti-terrorism

legislation, as previously recommended

Accepted in part

Accepted

Reference is made to the response to recommendation 121.40.

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121.198 Continue to honour its commitment to China

development aid to help developing

countries better achieve the right to

development

Accepted

Denmark has met the UN target of providing 0.7 percent of GNI in Official Development

Assistance every year for 40 years.

The development assistance is based on the Strategy for development policy and

humanitarian action, The World 2030 and on the Danish International Development

Cooperation Act, which states that, “the objective of Denmark’s development cooperation is

to combat poverty and promote human rights, democracy, sustainable development, peace

and stability in conformity with the United Nations Charter, the Universal Declaration of

Human Rights, and United Nations conventions on human rights and the UNs 2030 agenda

for sustainable development and the sustainable development goals”.

Denmark’s development cooperation has a longstanding record of making

important

contributions to the promotion of human rights globally. Denmark has adopted a human

rights based approach to development, which entails continuously working to promote all

human rights

–

economic, social and cultural as well as civil and political.

Through its development assistance, Denmark supports the development of sustainable

societies, based on the democratic rule of law, human rights and gender equality that do not

discriminate based on gender identity or sexual orientation and which observe the

internationally agreed rules.

Reference is made to response to recommendation 121.198.

121.199 Continue its development assistance to

the developing countries for better

realization of socio-economic rights as

part of a globally inclusive and

sustainable development agenda

Nepal

Accepted