REU, Alm.del - 2017-18 - Bilag 365: UPR-midtvejsrapport (Den Universelle Periodiske Bedømmelse) som opfølgning på Danmarks eksaminationen i FN’s Menneskerettighedsråd i 2016, fra Institut for Menneskerettigheder

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UPR MID-TERM

REPORT

SECOND CYCLE,

JULY 2018

UPR MID-TERM REPORT

SECOND CYCLE, JULY 2 018

Authors: Jonas Christoffersen, Louise Holck, Christoffer Badse, Matias Bruun

(Poc), Sofia Manili

NATIONAL HUMAN RIGHTS INSTITUTION OF DENMARK

UPR MID-TERM REPORT, SECOND CYCLE, JULY 2018

CONTACT: [email protected] / PHONE +45 3269 8888

De ark’s Natio al Hu a Rights I stitutio

Wilders Plads 8K

DK-1403 Copenhagen K

Phone +45 3269 8888

www.humanrights.dk

Provided such reproduction is for non-commercial use, this publication, or parts

of it, may be reproduced if author and source are quoted.

At DIHR we aim to make our publications as accessible as possible. We use large

font size, short (hyphen-free) lines, left-aligned text and strong contrast for

maximum legibility. For further information about accessibility please click

www.humanrights.dk/accessibility

INTRODUCTION

The Danish Institute for Human Rights (DIHR) is an independent state-funded

i stitutio . As De ark’s atio al hu a rights i stitutio , the I stitute’s

mandate is to monitor, promote, and protect human rights and equal treatment

in Denmark and Greenland. Nationally, the Institute advises the Danish

government, parliament, ministries, public authorities and civil society on human

rights issues. Furthermore, the Institute produces analyses and research on

human rights, and carries out projects to promote equal treatment in Denmark

and Greenland. Internationally, the Institute works with national human rights

institutions and other stakeholders, enabling them to strengthen human rights

and local legal systems. The DIHR also helps private companies assess the impact

of their work on human rights.

The Institute has written this report in its capacity as the A-accredited national

human rights institution of Denmark. Additionally, the Institute has provided

se retarial assista e to Da ish i il so iet ’s UPR o

ittee i its drafti g of the

separate NGO mid-term report. Throughout the process, the Institute has

maintained positive and constructive cooperation with the Danish Government,

i ludi g eeti gs ith the Go er e t’s i ter-ministerial

Human Rights

Committee. The Institute appreciates that the Danish Government, in its UPR

mid-term report, has addressed some of the concerns expressed by civil society

and the Institute during the public hearing of the draft report earlier in the

process.

The Institute has commented on recommendations both accepted and noted by

the Danish Government. The Institute recommends on principle that the Danish

Government comments on noted recommendations in its UPR mid-term report

to the United Nations Human Rights Council.

UPR no. &

country

Recommendations

Danish Institute for Human Rights (DIHR) comments

National Action Plan on Human Rights

Government

response (DK)

SDG

121.47

Indonesia

Also covers:

121.46 (GE)

Develop a National Action Plan for Human Rights in order to framework a systematic and comprehensive

Noted

Not SDG-

approach to the promotion and protection of human rights

mapped

DIHR:

Denmark has not developed a national action plan on human rights. The Institute assesses that a national action plan would improve

the human rights situation in Denmark by securing a systematic approach to the promotion and protection of human rights in the country.

The Institute recommends that the Danish Government takes concrete initiatives to develop a comprehensive national action plan on human

rights.

National Action Plan on Racism

121.49

Costa Rica

Also covers:

121.25 (MV)

121.48 (DJ)

121.50 (RU)

121.51 (PL)

121.60 (AL)

Develop a national plan against racism and discrimination, in accordance with its international obligations

Accepted in

principle

10.3

DIHR:

Denmark has not developed a national action plan against racism. In 2016, 140 racially motivated hate crimes and 55 cases of hate

speech were reported in Denmark.

Furthermore, in 2016, 43 % of immigrants and descendants of immigrants of non-western origin in

Denmark stated that they had experienced discrimination due to their ethnicity.

The Institute encourages the Danish Government to take

concrete initiatives to develop an extensive and effective national action plan against racism.

Additionally, the Institute recommends that the Danish Government signs and ratifies Protocol no 12 of the European Convention on Human

Rights and Fundamental Freedoms (general prohibition of discrimination) and the United Nations Convention on Migrants and their

Fa ilies’

Rights.

Establishment of NHRI in the Faroe Islands

121.41

Poland

To the Faroe Islands:

Accepted

Establish a 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)

16.a

DIHR:

As of July 2018, a national human rights institution has not been established in the Faroe Islands. Consequently, the Faroe Islands and

Denmark do not abide by the 1993 United Nations General Assembly Resolution 48/134 regarding the establishment of national human rights

institutions. The Institute encourages the Faroese government to introduce legislation that will establish a national human rights institution in

the Faroe Islands in accordance with international recommendations.

Legislation to Combat Discrimination and Promote Equal Treatment

121.64

Bulgaria

Also covers:

121.65 (LB)

121.66 (CA)

121.68 (RS)

121.76 (IR)

Expressly prohibit discrimination against persons with disabilities as well as religious belief, sexual orientation, or Accepted in

10.3, 16.b

age, outside the labour market

principle

DIHR:

Denmark has recently adopted legislation to combat discrimination against persons with disabilities outside the labour market.

However, national civil legislation prohibiting discrimination outside the labour market on grounds of religion, sexual orientation, gender

identity, and age is still lacking.

The Institute welcomes the new ban on discrimination on the grounds of disability outside the labour market, despite the fact that the

Institute believes it lacks several components, including a requirement for reasonable accommodation of persons with disabilities. Therefore,

the Institute assesses that Denmark has not enacted sufficiently comprehensive equality legislation providing effective remedies and

addressing discrimination on all grounds. The Institute recommends that the Danish Government effectively prohibit discrimination on the

grounds of religion, sexual orientation, gender identity, and age, outside the labour market. In addition, the Institute recommends that the

Danish Parliament amend the 2018 act on prohibition against discrimination on the grounds of disability by including an obligation to provide

reasonable accommodation.

Combat Hate Crimes

121.52

Poland

Also covers:

121.58 (TN)

121.61 (CA)

121.95 (BH)

121.127 (AZ)

121.146 (CI)

121.149(MY)

121.150 (MA)

121.151 (SG)

Develop a national plan for combating hate crimes in order to ensure continuity and sustainability

Accepted in

principle

10.3, 16.1

DIHR:

Denmark does not have a national action plan for combating hate crimes. In 2016, 274 hate crimes were registered in Denmark,

whereof 88 were religiously motivated and 45 sexually motivated.

A ordi g to the Da ish Natio al Poli e’s o figures, the u er

registered hate crimes increased by 38.4 % from 2015 to 2016.

Se eral positi e i itiati es to o at this de elop e t are urre tl i pla e, su h as the poli e’s parti ipatio i part ership

programs with

stakeholders, and the introduction of an in-service training course on hate crime. Nonetheless, the Institute finds the increase in the number

of registered hate crimes disturbing, and calls for further initiatives to combat this negative development. It is particularly important to

address the issue of hate crimes that are not reported to the police, consequently not registered and adequately investigated by the

authorities.

The Institute recommends that the Danish Government prioritises the combat against hate crimes, including allocating the necessary funds

and developing a national action plan to combat hate crimes. Moreover, the Danish Government is encouraged to enhance efforts to enforce

the U ited Natio s Hu a Rights Cou il’s resolutio 16/18.

Disabled Persons’ Rights

121.26

Djibouti

Also covers:

121.27, (AL)

121.28 (MV)

Explicitly prohibit discrimination against persons with disabilities and discrimination based on religious belief

Accepted in

10.3, 16.7

principle

DIHR:

Persons with disabilities continue to be a vulnerable group facing discrimination in Danish society. A survey from 2013 showed that 24

% of citizens with severe physical disabilities, and 39 % of those with a severe mental illness had experienced discrimination due to their

disability.

Challenges also remain within the legal framework and administrative practice. Interpreting the constitution of 1953 in a January

2018 judgement, the Danish Supreme Court ruled that citizens under guardianship could continue to be deprived of the right to vote and

stand for parliament.

The Institute sees the deprivation as an unjustified limitation on the fundamental democratic rights of citizens under guardianship.

Additionally, the Institute assesses that there is reason to believe that since 2015, the Danish Naturalization Committee has contravened the

United Nations Convention on the Rights of Persons with Disabilities, in its obligation to grant disabled persons exemption from requirements

for citizenship, which they are unable to fulfil due to their disability.

In relation to disability, the Institute recommends that the Danish

Government amend national legislation so persons with disabilities do not experience limitations on their democratic rights or

institutionalized discrimination due to their disabilities. For discrimination based on religious beliefs, please refer to recommendation 121.52

(Combat Hate Crimes) above.

121.130

Mexico

Repeal the provisions that allow persons with disabilities to be subject to medication and psychiatric treatment

without their consent

Noted

16.10

DIHR:

Denmark continues to allow persons with disabilities to be subject to medication and psychiatric treatment without consent.

Between

2011 and 2016, around 7.8 % of those hospitalized in psychiatric facilities received tranquillizing medicine by compulsion.

The Danish Institute for Human Rights is concerned about the number of cases of coercive treatment of persons admitted to psychiatric

institutions. The Institute thus recommends that the Danish Government amend legislation and guidelines on the use of coercive measures, in

order to limit the use of coercive measures in psychiatric institutions.

Solitary Confinement of Minors

121.129

Mexico

Also covers:

121.132 (HN)

121.133 (NA)

121.134 (PL)

121.135 (SI)

121.136 (TH)

Review the detention in solitary confinement of persons under 18 years of age, to ensure that no child is held in

ordinary prisons for adults

Accepted in

part

16.2

DIHR:

Denmark continues to imprison minors for criminal offences and has not prohibited solitary detention of persons under 18 years of age.

On average, 8.8 children or young people under the age of 18 were confined in prisons or detention centres in Denmark in 2017.

The United

Nations Committee on the Rights of the Child noted in its recommendations to Denmark in 2017, a decrease in the number of cases of solitary

confinement of children on remand. Nevertheless, the committee recommended that Denmark should abolish the option of placing children

in solitary confinement.

In 2015, the United Nations Committee Against Torture was of a similar opinion.

The Institute notes that even though the total use of solitary confinement has remained reasonably stable over the past ten years, it is

becoming more common for prison staff to use solitary confinement as a disciplinary measure.

The Institute recommends that the Danish

Government revise the legislation and prohibit solitary confinement of minors.

The Institute also encourages the Danish Government to

effectively observe the prohibition of confining underage offenders with adults. Furthermore, the Institute is concerned that underage

offenders convicted of serious crimes involving risk of injury to others may no longer serve non-custodial sentences in their own home.

Moreover, the Institute recommends that the Danish Government fully implements the Convention against Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment.

General Rights in the Asylum Procedure

121.177

Namibia

Ensure that the best interests of the child are fully considered when deciding on asylum applications

Accepted

Not SDG-

mapped

DIHR:

Denmark received 3,500 asylum seekers in 2017 of which 470, or 13 %, were unaccompanied children.

The nationalities of the latter

group were primarily of Afghani, Moroccan, and Syrian origin. Consequently, the significant decline in the overall number of asylum

applications in 2016 (6,266) from the historically high number in 2015 (21,316) continued in 2017.

Se eral i itiati es rele a t to hildre ’s i terest ha e ee take ithi the Da ish as lu s ste . The I stitute parti ularly

welcomes the

2017 launch of a monitoring mechanism focused on the accommodation of unaccompanied children. Additionally, the Institute supports

improvements in the asylum complaint procedure, and that the Refugee Appeals Board and the Immigration Appeals Board have taken over a

number of tasks from the Ministry of Immigration and Integration. Despite these positive initiatives, the Institute still finds several human

rights challenges within the Danish asylum procedure, especially regarding the rights of children.

According to Danish law, an unaccompanied child asylum seeker is defined as a person under 18 years of age who applies for asylum without

being accompanied by his/her parents or another adult able to act on behalf of the parents.

The United Nations Committee on the Rights of

the Child has recommended that Denmark should guarantee unregistered children and unregistered pregnant women full access to

healthcare services.

The Institute has also previously recommended such legislative amendments, however, the Danish Government is yet to

introduce legislation securing healthcare for these particularly vulnerable groups.

The institute also sees the accommodation of

u a o pa ied hildre as lu seekers as pro le ati , espe iall the hildre ’s la k of o ta t ith their i

ediate fa il and

the risk of

traumatizing the children as a result of placing them in often troubled asylum centres for prolonged periods of time. The Institute has

addressed this issue directly with the Ministry of Immigration and Integration.

Another problematic issue is the treatment of children not mature enough to undergo the asylum proceedings but who cannot receive

residence permits on other grounds. The Institute recommends that the Ministry for Immigration and Integration ensure that temporary

social measures are taken to accommodate this group and that psychological maturity assessments are included in the overall age

assessment.

The Institute further notes the situation of children born stateless in Denmark. 528 persons under the age of 18 lived in Denmark in 2017

without citizenship, despite being born in Denmark and entitled to Danish citizenship under Danish law and United Nations conventions. The

Institute recommends that this group receive citizenship. Finally, the Institute encourages the Danish Government to implement the United

Nations Convention on the Rights of the Child systematically.

Family Reunification

121.185

Greece

Also covers:

121.187 (PT)

121.188 (TR)

121.189 (AR)

121.190 (BH)

121.191 (BR)

121.192 (IE)

Take further steps in order to protect the right to family reunifications for refugees, giving emphasis to child

rights

Noted

Not SDG-

mapped

DIHR:

In recent years, Danish legislators have tightened the rules for family reunification in order to make it less attractive to come to

Denmark and in an apparent attempt to enhance integration efforts for reunited families.

Notably, the conditions for qualifying for

permanent residency have also been made stricter, which in turn has made it more difficult for applicants to achieve family reunification and

citizenship.

The Institute especially considers the introduction of an integration requirement and a ban on family reunification if individuals

live in certain residential areas as human rights challenges.

In November 2017, the Danish Supreme Court ruled in favour of the Government and accepted the so-called three-year rule in the Danish

Aliens Act after which persons with temporary protection status in Denmark, including war refugees, must wait three years before they can

achieve family reunification. The Institute considers the rule in breach of the European Convention on Human Rights, and intervened in the

case in support of the applicant. The case has now been brought before the European Court of Human Rights. When the United Nations

ittee o the Rights of the Child e a i ed De ark’s efforts to o pl ith the U ited Natio s Co e tio o the Rights

of the Child in

2017, the committee recommended that Denmark should abolish the three-year rule.

The I stitute alig s itself ith the o

ittee’s re o

e datio a d ge erall e ourages the Da ish authorities to take further

steps in

order to protect

the right to fa il reu ifi atio for refugees, espe iall gi i g e phasis to hildre ’s rights. Further ore, the I stitute

encourages the Danish Government to ratify the International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families.

Evidence-based Evaluation of Anti-Terrorism Legislation

121.197

Netherlands

Also covers:

121.40 (HU)

Carry out an inclusive, evidence-based evaluation of the Danish anti-terrorism legislation, as previously

Accepted in

Not SDG-

recommended

principle

mapped

DIHR: Since 2001,

Denmark has introduced several wide-ranging amendments to its anti-terror legislation. Namely, the two packages of anti-

terror legislation from 2002 and 2006, and the legislative response to the February 2015 terrorist attacks in Copenhagen have resulted in

significant toughening of the Danish legislative framework. The Institute recognises that terrorism is within the category of threats to national

security that can justify limitations to human rights to a certain extent if necessary in a democratic society.

However, the Institute finds that strict monitoring and evaluation of the anti-terrorism legislation and how it is applied in practice is necessary

in order to avoid unjustified or unnecessary limitations on personal liberty based on security concerns. The Institute particularly wants to

address the topic of Danish authorities and security services logging of personal data due to investigation and prevention of crime

considerations. The European Union Court of Justice has determined that national rules concerning logging of data are only compatible with

European Union law if the logging is strictly necessary. Furthermore, the Court has considered logging that allows for precise conclusions to be

drawn concerning the private lives of the persons whose data is logged, as being equally sensitive in terms of interference with the right to

privacy as the actual content of the communication. The Institute sees the protection of personal data as a key human right in an open, liberal

democracy. The Institute is concerned that until April 2018, Danish security services kept data outside the normal regulatory framework,

resulting in logged data not being deleted accordingly.

Furthermore, the Institute considers

–

as it has previously recommended to various Danish Governments

–

that a general, inclusive and

evidence-based evaluation of the Danish anti-terrorism legislation is both necessary and overdue. The Institute notes that the last major

amendments comprising 12 new anti-terror initiatives were introduced in the beginning of 2015 and phased in over a period of three years,

ending in the spring of 2018. Consequently, the Institute recommends that the Danish Government take concrete steps to initiate an

assessment of the entire Danish anti-terrorism legislation and in particular, how the legislation is applied in practice. The Institute notes that

the Danish Government previously indicated to the Danish parliament that it could be relevant to undertake such a broad assessment when

the new counter-terrorism measures introduced in 2015 had been applied for some years.

Greenland

121.118

Iceland

That Greenland reform and upgrade 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

3.5, 16.2

DIHR:

Gree la d o ti ues to fa e sig ifi a t halle ges i relatio to hildre ’s rights a d elfare. Po ert , arious for s of physical

abuse,

and mental maltreatment are significant societal problems. As part of a negative cycle, Greenland has one of the world's highest suicide rates

with a rise in recent years in the number of young people under the age of 20 committing suicide.

Increased awareness and focus on the conditions for vulnerable children has been on the rise among the general public and politicians alike,

and progress has been made. One of the key issues in the Greenlandic election campaign in 2018 was vulnerable children and young people.

Even so, the Greenlandic authorities have consistently reported that a significant number of vulnerable children and young people still do not

receive the necessary support from the authorities if exposed to abuse and violence.

The Institute recommends that Greenlandic and Danish authorities strengthen local capacity responsible for dealing with cases of physical and

mental violence, or the abuse or sexual exploitation of children and young people. Furthermore, the Institute recommends that Denmark and

Gree la d re o e the territorial reser atio o Gree la d for the Cou il of Europe’s Co e tio o the Protection

of Children against

Sexual Exploitation and Sexual Abuse. The Institute also recommends that the Greenlandic and Danish authorities in cooperation with local

municipalities take initiates to combat poverty by targeted actions aimed at vulnerable families with children across Greenland.

REU, Alm.del - 2017-18 - Bilag 365: UPR-midtvejsrapport (Den Universelle Periodiske Bedømmelse) som opfølgning på Danmarks eksaminationen i FN’s Menneskerettighedsråd i 2016, fra Institut for Menneskerettigheder REU, Alm.del - 2017-18 - Bilag 365: UPR-midtvejsrapport (Den Universelle Periodiske Bedømmelse) som opfølgning på Danmarks eksaminationen i FN’s Menneskerettighedsråd i 2016, fra Institut for Menneskerettigheder

SOURCES

ANNEXES

DIHR: Annual report 2017-18

DIHR: Status report 2016-17

DIHR: Status report 15-16 on children

UPR database: Upr.humanrights.dk

Danish Police 2016 report on hate crimes

DIHR Status on asylum 2018

DIHR Status on family reunification 2018

8. DIHR figures. contact POC.

Un Committee Against Torture: Concluding Observations On The 6

& 7

Periodic Reports Of Denmark

10.

Vive - The Danish Center For Social Science Research