Retsudvalget 2019-20
REU Alm.del Bilag 195
Offentligt
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E
/C.12/DNK/CO/6
Advance Unedited Version
Distr.: General
18 October 2019
Original: English
Committee on Economic, Social and Cultural Rights
Concluding observations on the sixth periodic report of
Denmark
*
1.
The Committee considered the sixth periodic report of Denmark (E/C.12/DEN/6) at
th
its 44 and 45
th
meetings (see E/C.12/2019/SR.44 and 45) held on 8 and 9 October 2019, and
adopted the present concluding observations at its 60
th
meeting on 18 October 2019.
A.
Introduction
2.
The Committee welcomes the timely submission of the sixth periodic report by the
State party as well as the supplementary information provided in the replies to the list of
issues (E/C.12/DEN/Q/6/Add.1). The Committee appreciates the constructive dialogue held
with the State party’s
large interministerial delegation, which included the representatives of
the Governments of the Faroe Islands and Greenland, and the additional written information
provided after the dialogue.
B.
Positive aspects
3.
The Committee welcomes the legislative, institutional and policy measures taken by
the State party to enhance the level of protection of economic, social and cultural rights in
the State party, as referred to in the present concluding observations. It notes in particular the
new human rights-based strategy for the State party’s
development policy and humanitarian
action, the 2013 Act on equality between men and women passed by the Parliament of
Greenland and the establishment in 2014 of the Social Housing Association in the Faroe
Islands.
C.
Principal subjects of concern and recommendations
The Covenant in the domestic legal order
4.
The Committee is concerned that,
despite the Committee’s previous recommendation,
the rights of the Covenant are still not given full effect in the State party, as certain economic,
social and cultural rights are not recognized in the Constitutional Act of Denmark and that
the Covenant has not been incorporated in the domestic legal order. The Committee notes the
statement by the State party that its courts and authorities interpret the national rules in such
a way as to avoid conflict with the State party’s international obligations.
(art. 2(1))
5.
The Committee reiterates its recommendation that the State party take the
necessary measures to give full effect to economic, social and cultural rights as
enshrined in the Covenant in its domestic legislation and ensure their justiciability. In
*
Adopted by the Committee at its sixty-sixth session (30 September–18 October 2019).
GE.
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this regard, the Committee recommends that, in view of the lack of constitutional
recognition of several economic, social and cultural rights, the State party reconsider
its position and incorporate the provisions of the Covenant in domestic law, which
would provide a basis for the direct invocation of the Covenant rights by individuals in
national courts. The Committee refers the State party to its general comments No. 9
(1998) on the domestic application of the Covenant.
6.
While noting the statement by the delegation that a thorough assessment of draft bills
is carried out before their introduction before the Parliament, the Committee is concerned at
the number of laws recently adopted by the State party, as raised in the present concluding
observations, which are inconsistent with its obligations under the Covenant (art. 2(1)).
7.
The Committee recommends that the State party ensure that effective
mechanisms, such as the interministerial human rights committee, (a) scrutinize
compliance of draft laws with the Covenant obligations; (b) assess the impact of laws
and policies on economic, social and cultural rights; and (c) monitor the implementation
of recommendations made by the Committee and other human rights mechanisms. The
Committee encourages the State party to consider inscribing the related actions in a
human rights action plan.
Reservation to article 7(d)
8.
The Committee regrets that steps have not been taken to withdraw the reservation to
article 7(d) of the Covenant made at the time of ratification in 1972, which appears not to be
necessary as public holidays are paid in the State party.
9.
The Committee reiterates its recommendation that the State party review its
reservation to article 7(d) of the Covenant with a view to withdrawing it.
Statistical data in Greenland and the Faroe Islands
10.
The Committee regrets the lack of statistical data on the enjoyment of the Covenant
rights in Greenland and the Faroe Islands (art. 2(2)).
11.
The Committee recommends that the State party develop appropriate indicators
on the implementation of economic, social and cultural rights and collect data thereon
in order to better facilitate the assessment of progress achieved in Greenland and the
Faroe Islands. In this context, the Committee refers the State party to, inter alia, the
conceptual and methodological framework on human rights indicators developed by
the Office of the United Nations High Commissioner for Human Rights
(HRI/MC/2008/3).
Retrogressive measures
–
refugees and migrants
12.
The Committee is concerned at the numerous retrogressive measures adopted by the
State party, as referred in these concluding observations, which have directly and indirectly
curtailed the rights of refugees and migrants. The Committee is concerned that certain
measures have not been necessitated by a reduction in available resources or the
implementation of an austerity programme, and disproportionately affect groups that are
already disadvantaged and marginalized (art. 2(1)).
13.
The Committee recommends that, in the implementation of the new political
agreement entitled
“Fair
Direction for Denmark”, the State party reverse the
retrogressive measures taken that do not meet the criteria of necessity, proportionality
temporariness and non-discrimination, which are elaborated in the Committee’s 2012
letter on austerity measures.
Development assistance and cooperation
14.
The Committee commends the State party for meeting the official development
assistance target of 0.7 per cent of gross national income over several decades and welcomes
the announcement by the delegation of the intention to double the amount to be proposed to
the Parliament for its contribution to the Green Climate Fund. However, the Committee
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regrets the lack of clarity as to whether such contribution would be over and above the current
level of official development assistance (art. 2(1)).
15.
The Committee recommends that the State party ensure that its contribution to
the Green Climate Fund should be over and above the current level of official
development assistance and not to the detriment of development assistance in other
areas.
National human rights institution (Faroe Islands)
16.
The Committee regrets that the State party has not acted upon the recommendations
made by the task force appointed in 2017 on models of national human rights institutions that
would suit the Faroese society (art. 2(1)).
17.
The Committee recommends that the State party expedite the establishment of a
human rights institution mandate for the Faroe Islands, with a full mandate in relation
to Covenant rights, and that is compliant with the Paris Principles.
Business and human rights
18.
While noting the mandate of the Mediation and Complaints-Handling Institution for
Responsible Business Conduct established by 2012 Act No. 546, the Committee is concerned
that the State party’s
legal and other regulatory framework does not impose an obligation of
human rights due diligence on companies domiciled in its jurisdiction (art. 2(1)).
19.
The Committee recommends that the State party adopt a legal and other
regulatory framework which:
(a)
Requires business entities to exercise human rights due diligence in their
operations and in their business relationships, at home and abroad;
(b)
Holds business entities liable for violations of economic, social and
cultural rights; and
(c)
Enables victims to seek remedies through judicial and non-judicial
mechanisms in the State party.
20.
The Committee encourages the State party to include the above in its second
national action plan on business and human rights. It refers the State party to its general
comment No. 24 (2017) on State obligations under the Covenant in the context of
business activities.
Non-discrimination
21.
The Committee notes the various specific acts protecting against discrimination in
different areas in the State party. At the same time, the Committee is concerned at the
remaining
gaps in the State party’s anti-discrimination
legal framework, including the lack
of prohibition of discrimination on grounds such as sexual orientation and gender identity,
age and religion, outside the labour market, as well as the lack of a legal obligation to ensure
accessibility and provide reasonable accommodation for persons with disabilities (art. 2(2)).
22.
The Committee reiterates its recommendation calling on the State party, and its
self-governing territories, to adopt comprehensive anti-discrimination legislation,
prohibiting differential treatment that is directly or indirectly based on the prohibited
grounds of discrimination and which affects the enjoyment, on an equal footing, of the
Covenant rights, in the absence of a reasonable and objective justification.
Moreover,
the Committee recommends that the State party ensure accessibility and impose a duty
to provide reasonable accommodation for persons with disabilities in the public and
private sectors. The Committee refers the State party to its general comment No. 20
(2009) on non-discrimination in economic, social and cultural rights.
23.
The Committee is deeply concerned that laws that impose differential treatment on
grounds such as national origin, social status and residence, many of which are raised in these
concluding observations, have been adopted in the State party in contravention of its
obligations under international human rights treaties and its Constitution (art. 2(2)).
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24.
The Committee urges the State party to undertake a comprehensive review with
a view to repealing legislative provisions and revising policies that discriminate or lead
to discrimination, whether formal or substantive, in relation to the exercise and
enjoyment of the Covenant rights. In this regard, the Committee recalls that any
differential treatment based on prohibited grounds should be reasonable and objective,
which requires an assessment as to whether the aim and effects of the measures of
omissions are legitimate, compatible with the nature of the Covenant rights and solely
for the purpose of promoting the general welfare in a democratic society (paragraph 13
of general comment No. 20).
Refugees
25.
While noting the positive impact of initiatives such as the Basic Integration Education,
the Committee is concerned at laws recently adopted by the State party that have eroded the
economic, social and cultural rights of refugees. These include, among others, 2016 law No.
102 which imposes different conditions for family reunification for some refugees; 2018 law
No. 174 which introduces the policy of temporary stay in the State party for refugees and no
longer requires municipalities to provide permanent housing; and 2019 law No. 729 which
restricts entitlement to free interpretation in health services (arts. 2(2), 12, 10).
26.
The Committee recommends that the State party:
(a)
Align the conditions for family re-unification for all refugees with the
obligation to provide the widest possible protection and assistance to the family;
(b)
Ensure secure residence status to refugees and discontinue the practice of
providing different length of short-term residence permits to different categories of
persons in need of international protections;
(c)
Reinstate the obligation
for the State party’s authorities
to provide
permanent housing to refugees;
(d)
Ensure that refugees have adequate access to healthcare services,
including by providing free interpretation or reimbursement of transportation costs as
needed.
27.
More generally, the Committee encourages the State party to continue its work
to ensure effective integration of refugees into society with a focus on education and the
labour market as well as the social inclusion of refugees, in consultation with
organizations providing support to them.
Equality between men and women
28.
The Committee is concerned that, despite the legal requirement to have balanced
gender representation on the board of the large-scale companies and initiatives such as the
“Lead the Future” campaign,
the proportion of women elected to their boards in 2017 was
only 15.9 per cent, while 43 per cent of such companies did not have any woman on their
board (art. 3).
29.
The Committee recommends that the State party collect data and information
on the development of gender balance amongst managers in all sectors, identify where
the gaps are and take measures, including temporary special measures, to increase
women’s representation in
corporate management.
30.
While acknowledging the State party’s achievements in addressing gender stereotypes
by providing paternity and parental leave, the Committee is concerned that only 10 per cent
of shared parental leave was taken by fathers, and that women still bear the primary
responsibility for childcare and housework (art. 3).
31.
The Committee recommends that the State party conduct comprehensive time-
use surveys to identify where and to what extent the gap exists between men and women
and intensify its efforts towards equal sharing of responsibilities between men and
women in their balancing of work and family life. The Committee refers the State party
to its general comment No. 16 (2005) on the equal right of men and women to the
enjoyment of all economic, social and cultural rights.
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Gender wage gap
32.
The Committee notes with concern that the gender wage gap is wider among high-
end earners in the State party. The Committee notes the comment by the delegation that the
difference may be attributable to the lack of bodies, such as trade unions, negotiating
remuneration on behalf of employees at higher echelons in companies. The Committee is
also concerned about the significant gender wage gap in Greenland and regrets the lack of
information on the matter as regards the Faroe Islands (arts. 7, 3).
33.
The Committee recommends that the root causes of the gender wage gap among
high-end earners be included in the research analysis to be undertaken by the National
Center for Social Research. It also recommends that specific measures, such as
transparency of remuneration and cross-sectoral valuation of jobs, be implemented in
the State party and its self-governing territories to ensure the effective realization of the
right to equal pay for work of equal value. The Committee refers the State party to
paragraphs 11 to 17 of general comment No. 23 (2016) on the right to just and
favourable conditions of work.
Right to just and favourable conditions of work
34.
While noting that conditions of work, including remuneration and paid holidays, are
defined in collective agreements, the Committee is concerned at the conditions of work of
the 20 per cent of the workforce that is not covered by such agreements. In this regard, the
Committee notes with concern the information from the State party regarding the precarious
working conditions for workers in the freight transport sector who, due to the mobile nature
of their work, are not able to engage in collective actions. The Committee is also concerned
that the lack of statutory minimum standards of conditions of work could lead to different
conditions across sectors. Furthermore, while noting that industrial action is indicated by the
State party as a protective measure for workers not covered by collective agreements, the
Committee is still concerned that it is not sufficient to guarantee protection to individual
workers (arts. 7 and 8).
35.
The Committee recommends that the State party legislate on conditions of work,
such as remuneration, rest, paid leave, etc., so as to guarantee minimum standards
applicable to all workers, including those that are not covered by collective agreements,
such as workers in the transportation sector. The Committee refers the State party to
its general comment No. 23 (2016).
Right to social security
36.
While noting the State party’s achievements in developing a
strong and
comprehensive welfare state, the Committee is concerned at exceptions such as the strict
residence requirement of seven out of the last 12 years in the State party or another European
Union or European Economic Area country for unemployment benefit which effectively
discriminates against migrant workers from non-European countries in the enjoyment of the
right to social security (arts. 9 and 2(2)).
37.
The Committee recommends that, when reviewing the unemployment benefit
scheme, the State party ensure that the qualifying conditions are reasonable and
proportionate and that disadvantaged groups, such as migrant workers, are adequately
covered. The Committee refers the State party to its general comment No. 19 (2007) on
the right to social security.
38.
The Committee is concerned that the amount of the integration benefit, to which
individuals not eligible to receive unemployment benefit are entitled, is set at a level below
the welfare benefit, thus not allowing beneficiaries to realize their Covenant rights. The
Committee is concerned that instead of encouraging employment, the scheme has prevented
beneficiaries from taking up integration opportunities, thereby exacerbating their
marginalization (arts. 9 and 2(1)).
39.
The Committee recommends that the State party:
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(a)
Conduct an assessment of the impact of the introduction of the integration
benefit (self-supporting and return benefit, as of 2020) on the right to an adequate
standard of living and other Covenant rights of the beneficiaries;
(b)
Amend or abolish the integration benefit so as to ensure the equal right to
welfare benefits;
(c)
Ensure that social security benefits, irrespective of recipients, are set at
levels that ensure to their beneficiaries the right to an adequate standard of living
allowing them to enjoy their Covenant rights.
40.
The Committee refers the State party to paragraphs 22 and 42 of general
comment 19 (2007).
41.
The Committee notes that payment of disability pension is not suspended for eligible
individuals before the entry into force of the 2012 Reform of the Disability Pension and Flexi-
job Scheme as the relevant provisions apply only to new enrolments. The Committee is
nonetheless concerned at the risk that persons with disabilities will be forced to take up work
and regrets that it has not received information on the assessment of the impact of the Scheme
on recipients since its introduction in 2012 (art. 9).
42.
The Committee recommends that the State party assess the impact of the 2012
Reform of the Disability Pension and Flexi-job Scheme on the right to work, to an
adequate standard of living and to social security, in consultation with representatives
of persons with disabilities. The Committee refers the State party to its general
comment No. 19 (2017).
Sexual violence
43.
The Committee notes with concern the information concerning the high incidence of
sexual violence, including rape, in the State party, and at the lack of reliable statistical data
thereon. It is further concerned at the inadequacy of legal provisions relating to rape and at
the very low rate of prosecution of sexual violence (art. 10, 3, 12).
44.
The Committee recommends that, in the planned legal reform of criminal law,
the State party:
(a)
Incorporate the element of “consent” in the legal definition of “rape”;
(b)
Address barriers to reporting, investigation and prosecution of sexual
violence, including by strengthening the capacity of the police, prosecutors and judges
on the relevant criminal provisions and gender-sensitive investigations of sexual
violence;
(c)
Systematically collect and generate disaggregated data so as to
understand the nature and scope of sexual violence in the State party;
(d)
Strengthen preventive measures, including through wide awareness-
raising campaigns targeting the society at large and through school education.
Poverty
45.
While noting the State party’s record in combating poverty, the
Committee regrets
that the State party had abolished the national poverty threshold. It is also concerned at the
increasing number of children living in poverty, subsequent to the social security reforms
which, among others, introduced a
“graduation
principle” in relation to child benefits which
applies only to certain groups. The Committee is also concerned at the number of children
affected by poverty in remote settlements in Greenland (arts. 11 and 9).
46.
Noting the State party’s intention to re-introduce
a national poverty threshold,
the Committee recommends that the State party ensure that:
(a)
Its level enables households to enjoy an adequate standard of living and
other Covenant rights;
(b)
The temporary child benefit effectively reaches the households in need;
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(c)
The groups, other than children, that have been disproportionately
affected by social security reforms are identified and that mitigating measures targeting
them are introduced;
(d)
The commission on the benefits system to be established to propose ways
to better address child poverty also recommends the qualifying conditions and the form
in which the benefits are to be provided so as to uphold the principles of human dignity
and non-discrimination.
Right to adequate housing
47.
The Committee is concerned that the number of homeless persons in the State party
had significantly increased since the last examination of the State report. It is also concerned
at the criminalization of begging and at the instances of criminalization of homeless people
(art. 11).
48.
The Committee recommends that, in the context of the implementation of the
2018-2021 Action Plan against Homelessness, the State party:
(a)
Increase the capacity of shelters for homeless people and remove
administrative barriers to accessing them;
(b)
Invest in measures that provide long-term solutions and support the social
reintegration of homeless people; and
(c)
Repeal the legal provisions criminalizing conducts associated with
situations of poverty and of deprivation of the right to adequate housing, such as
begging and rough sleeping.
49.
The Committee expresses concern at the shortage of affordable housing in the State
party, which is exacerbated by the increasing trend of the acquisition of properties by private
investors who, under the 1996 law No. 5.2 on Temporary Regulation of Housing Conditions,
are authorized to augment
rents up to the “value of the rented dwelling”
(art. 11).
50.
The Committee recommends that the State party increase the stock of affordable
housing units. It also recommends that the research to be undertaken on the scope and
effect of housing regulation also (a) consider the impact of existing legislation on the
affordability of housing, especially for disadvantaged and marginalized groups; (b)
identify appropriate means against unreasonable rent levels or rent increases; and (c)
assess the adequacy of the amount and eligibility requirements for housing benefits.
The Committee refers the State party to its general comment No. 4 (1991) on the right
to adequate housing.
51.
While appreciating that law L38 (law amending the Social Housing Act, Social
Housing Rent Act and the Rent Act) seeks to address residential segregation and enhance
social cohesion in the State party, the Committee is concerned that it infringes upon rights
such as the freedom of residence
and the liberty of parents to choose their children’s
education. The Committee is also concerned that the law is discriminatory as, among others,
it introduces the categorization of areas as “ghettos”
defined by the proportion of residents
from
“non-Western”
countries thus not only resulting in discrimination based on ethnic origin
and nationality but also further marginalizing them, and provides for the doubling of
sentences for crimes committed in
“increased
punishment zones”.
Furthermore, the
Committee is concerned that rather than providing for support, the law introduces sanctions,
such as the withdrawal of child benefit if parents do not enrol their children in mandatory
language programmes or develop their Danish language skills at home (arts. 11, 10, 2(2)).
52.
The Committee urges the State party to adopt a rights-based approach to its
efforts to address residential segregation and to enhance social cohesion. In this regards,
it recommends that the State party:
(a)
Remove the
definitional element of a “ghetto” with reference to residents
from
“non-Western”
countries, a discriminator on the basis of ethnic origin and
nationality;
(b)
Assess
the impact of the “Ghetto package” on affected communities;
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(c)
Remove the coercive and punitive elements of law L38;
(d)
Repeal all provisions that have direct or indirect discriminatory effect on
refugees, migrants, and residents of the “ghetto” areas;
(e)
Identify, in meaningful consultation with concerned communities, the
necessary support to facilitate their integration; and
(f)
Ensure that evictions and rehousing respect human rights standards.
Right to adequate housing - Greenland
53.
The Committee is concerned at the lack of affordable housing, including social
housing, in Greenland and at reports of high number of forced evictions carried out due to
unpaid rent, and at the resulting homelessness (art. 11).
54.
The Committee recommends that the State party:
(a)
Take measures to increase the availability of affordable housing, including
by accelerating the renovation of vacant public housing units to make them habitable;
(b)
Ensure that housing subsidies are made available to disadvantaged
households;
(c)
Ensure that its legislation provide the greatest possible security of tenure
to tenants and that, in cases where evictions are justified, procedural protections are
afforded and adequate alternative accommodation is provided.
55.
The Committee refers the State party to its general comment No. 4 and to
paragraph 15 of general comment No. 7 (1997) on the right to adequate housing (forced
evictions).
Mental health
56.
The Committee is concerned at reports that coercive measures in mental health
institutions are practice, and possibly not as last resort, contrary to the provisions of the 2015
Consolidated Act No. 1106. The Committee is also concerned that coercive measures can be
performed on children under 15 years of age without their consent (art. 12).
57.
The Committee reiterates the recommendations made by the Human Rights
Committee on reducing the recourse to coercive measures in mental health institutions
(CCPR/C/DNK/CO/6, para. 26), and calls on the State party to incorporate them in the
10-year plan for the development of Danish psychiatry. The Committee also
recommends that adequate procedural safeguards and standards for children under 15
years of age be guaranteed in the review of the provisions of the Psychiatric Act relating
to minors.
58.
The Committee is concerned at the higher rate of suicide among young people in
Greenland and regrets the lack of information on measures taken by the State party to address
the situation (art. 12).
59.
The Committee calls on the State party to strengthen its efforts aimed at
combating suicide in Greenland. It also recommends that the State party assess whether
the services available for the prevention of suicide are effective and are accessible to
individuals and groups who are at risk of suicide. The Committee requests that
information on measures taken in this regard in Greenland, as well as on mental health
generally, including on the coverage of ambulatory services, be included in the State
party’s next periodic report.
Sexual and reproductive health
60.
The Committee is concerned that, according to the State party, only a third of seventh
grade pupils have received sex education. It is also concerned that the majority of teachers
have not received adequate training to deliver sexual and reproductive health and sexuality
courses (arts. 12 and 13).
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61.
The Committee recommends that the State party provide age-appropriate,
evidence-based, scientifically-accurate comprehensive education for all on sexual and
reproductive health and sexuality, including on
‘consent’
in sexual relations. It also
recommends that adequate pedagogical programmes for their teaching be developed.
Child, antenatal and maternal health
62.
The
Committee is concerned at the negative impact on children and pregnant women’s
right to health of the restrictions to free healthcare for individuals in irregular situations (arts.
12 and 10).
63.
The Committee recalls that the State party has a duty to respect the right to
health, by ensuring that all persons, including migrants, have equal access to
preventive, curative and palliative health services, regardless of their legal status and
documentation. The Committee thus recommends that the State party remove the
restrictions on access to free healthcare by children and women in irregular situation.
The Committee refers the State party to its 2017 statement on duties of States towards
refugees and migrants under the Covenant.
Intersex children
64.
The Committee is concerned that the definition of “disorders (differences) of sex
development” in the State party’s legislation does not contain all elements of the definition
of “intersex”.
It is also concerned at reports that medically unnecessary procedures continue
to be performed on intersex children (art. 12, 10).
65.
The Committee recommends that, in the implementation of the 2018-2021
National Action Plan on LGBTI, the State party:
(a)
Replace
in its legislation the concept of “disorders (differences) of
sex
development” with a definition of intersex person whereby differences
in sex
characteristics include genitals, gonads and chromosome patterns;
(b)
Ensure that, in practice, medically unnecessary procedures on the sex
characteristics of intersex children are not performed until they are capable of forming
their own views and can give their informed consent;
(c)
Train healthcare personnel on the health needs and human rights of
intersex persons, including their right to autonomy and physical integrity;
(d)
Ensure that, in addition to the information material for parents of intersex
children to be published by the Danish Health Authority, intersex persons and their
families receive adequate counselling and support, including from peers;
(e)
Identify and investigate human rights violations against intersex persons
in the context of examination of the living conditions of intersex persons to be conducted
in 2020;
(f)
Ensure that intersex persons and organizations continue to be consulted
and participate in the development of research, legislation and policies that impact on
their rights.
Right to education
66.
The Committee is concerned that education outcomes for children with disadvantaged
socioeconomic background remain lower than the rest of the population, in spite of the
measures taken by the State party such as the facilitation of their access to high-quality day
care, which provides an environment that helps develop their language skills. It is also
concerned that refugee children are not automatically enrolled in school (art. 13).
67.
The Committee recommends that the State party continue to monitor the impact
of initiatives aimed at reducing the impact of socioeconomic backgrounds of children
on their education outcomes, and adopt corrective measures as required. It also calls on
the State party to immediately extend the provision of free education to refugee
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children, irrespective of their residence status. The Committee refers the State party to
its general comment No. 13 (1999) on the right to education.
68.
The Committee noted that the State party’s policy on bilingual education restricts
access to students of European backgrounds only. It is also concerned that the State party’s
approach to mother-tongue instruction differentiates between European-origin children and
others, as raised in the past by the Committee on the Elimination of Racial Discrimination.
The Committee questions this discriminatory policy in integrating the minorities and foreign-
born students in the mainstream education system (art. 13).
69.
The Committee requests that the State party include in its next periodic report
statistical data on the percentage of bilingual children from non-Western backgrounds
or foreign-born students, in comparison to Danish-born students leaving the primary
school with results that qualified them to proceed for higher education.
Cultural rights
70.
The Committee is concerned that the 2003 Supreme Court ruling on the Thule tribe is
in breach of the very essence of the right to
“self-identification”
(art. 15).
71.
The Committee reiterates its recommendation that the State party respects the
right of the Thule Tribe and other indigenous communities to self-identification and
protect other elements of their culture, beyond the linguistic rights recognized in the
2010 Act No. 7 on Language Policy.
72.
The Committee regrets the lack of information on the State party’s policy to ensure
that disadvantaged and marginalized groups and individuals fully enjoy their right to take
part in cultural life, as recommended by the Committee in 2013 (art. 15).
73.
The Committee requests the State party to include in its next periodic report
information on recent policies that had helped marginalised groups enjoy the freedom
of certain cultural rights and religious expressions, which are symbols of ethnic
minorities, for example wearing a headscarf by Muslim women or turban or a kirpan
by the Sikhs.
D.
Other recommendations
74.
The Committee recommends that the State party consider ratifying the Optional
Protocol to the Covenant.
75.
The Committee recommends that the State party take fully into account its
obligations under the Covenant and ensure the full enjoyment of the rights enshrined
therein in the implementation of the 2030 Agenda for Sustainable Development at the
national level. Achievement of the Sustainable Development Goals would be
significantly facilitated by the State party establishing independent mechanisms to
monitor progress and treating beneficiaries of public programmes as rights holders who
can claim entitlements. Implementing the Goals on the basis of the principles of
participation, accountability and non-discrimination would ensure that no one is left
behind. In this regard, the Committee refers to its statement on The Pledge to Leave No
One Behind: the International Covenant on Economic, Social and Cultural Rights and
the 2030 Agenda for Sustainable Development (E/C.12/2019/1).
76.
The Committee requests that the State party disseminate the present concluding
observations widely at all levels of society, including at the national, provincial and
municipal levels, in particular among parliamentarians, public officials and judicial
authorities, and that it inform the Committee in its next periodic report about the steps
taken to implement them. The Committee encourages the State party to engage with
the Danish Institute for Human Rights, non-governmental organizations and other
members of civil society in the follow-up to the present concluding observations and in
the process of consultation at the national level prior to the submission of its next
periodic report.
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77.
In accordance with the procedure on follow-up to concluding observations
adopted by the Committee, the State party is requested to provide, within 24 months of
the adoption of the present concluding observations, information on the implementation
of the recommendations contained in paragraphs 13 (retrogressive measures), 17
(national human rights institution in the Faroe Islands) and 19 (business and human
rights).
78.
The Committee requests the State party to submit its seventh periodic report by
31 October 2024. For that purpose and in view of the fact that the State party has agreed
to report to the Committee under the simplified reporting procedure (note verbale No.
2107-2555 of 31 May 2018), the Committee will, in due course, transmit to the State
party a list of issues prior to reporting. The State party’s replies to the list will constitute
its seventh periodic report under article 16 of the Covenant.
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