REU, Alm.del - 2019-20 - Bilag 195: Danmarks sjette periodiske rapport til FN’s Komité for Økonomiske, Sociale og Kulturelle Rettigheder samt modtagne anbefalinger fra komitéen samt Danmarks kombinerede 22.-24. periodiske rapport til FN’s Komité Mod Racediskrimination, fra udenrigsministeren

Retsudvalget 2019-20
REU Alm.del Bilag 195
Offentligt

United Nations

CERD

/C/DNK/22-24

Distr.: General

21 December 2018

Original: English

International Convention on

the Elimination of All Forms

of Racial Discrimination

Committee on the Elimination of Racial Discrimination

Reports submitted by States parties under

article 9 of the Convention

Twenty-second to twenty-fourth periodic reports of States

parties due in 2019

Denmark

21 December 2018

REU, Alm.del - 2019-20 - Bilag 195: Danmarks sjette periodiske rapport til FN’s Komité for Økonomiske, Sociale og Kulturelle Rettigheder samt modtagne anbefalinger fra komitéen samt Danmarks kombinerede 22.-24. periodiske rapport til FN’s Komité Mod Racediskrimination, fra udenrigsministeren

CERD/C/DNK/22-24

Contents

Paragraphs

Page

II.

General observations ...............................................................................................

Information relating to articles 1 to 7 of the Convention ........................................

Article 1 ...................................................................................................................

Article 2 ...................................................................................................................

Article 3 ...................................................................................................................

Article 4 ...................................................................................................................

Article 5 ...................................................................................................................

Article 6 ...................................................................................................................

Article 7 ...................................................................................................................

–

279

–

3-4

4 - 37

4-5

5-7

7-8

8 - 12

–

255 12 - 35

256

–

272 35 - 36

273

–

279

280

–

300 38 - 39

301

–

315 40 - 42

–

III.

IV.

Reporting on Greenland ..........................................................................................

Reporting on the Faroe Islands ................................................................................

Annexes ...................................................................................................................

CERD/C/DNK/22-24

I. General observations

The present report is the combined twenty-second, twenty-third and twenty-fourth

periodic report submitted by the Government of Denmark

(subsequently referred to as “the

Government”)

under article 9 of the International Convention on the Elimination of All

Forms of Racial Discrimination. The report is an update of Denmark’s previous periodic

reports to which reference is made, namely the combined twentieth and twenty-first periodic

report (CERD/C/DNK/20-21) (subsequently

referred to as the “twentieth

periodic report”)

submitted on 24 June 2013. Reference is also made to the concluding observations of the

Committee on the Elimination of All Forms of Racial Discrimination on that report

(CERD/C/DNK/CO/20-21). Reference is further made to the information provided by the

Government on the consideration of the concluding observations of the Committee submitted

on 13 May 2016 (CERD/C/DNK/CO/20-21/Add.1). For the purposes of the present report,

when reference is made to

“the

concluding observations” without any further specification,

this shall refer to Committee’s concluding observations to Denmark’s twentieth period

report.

The present report covers the period July 2013-December 2018. Where there have

been no relevant legislative, judicial or administrative changes during this period, reference

is made to the twentieth or other previous periodic reports.

Specific reports on the situation in Greenland and the Faeroe Islands are set out as

separate items III and IV, respectively. Information regarding the recommendations in the

Committee’s concluding observations is provided under the two items.

The present report has been compiled by the Ministry of Foreign Affairs on the basis

of contributions from line ministries and agencies of the Government as well as from the

Government of Greenland and the Government of the Faeroe Islands.

Public release and consultations with civil society

The report will, as every periodic report submitted to the United Nations Treaty

Bodies by the Government, be made available to the public on the official website of the

Ministry of Foreign Affairs (www.um.dk). The concluding observations of the Committee

will similarly be made available to the public when received and made subject of a press

release.

Furthermore a draft of the report has been made available to the public on

the

Ministry’s

website from 15 November 2018 to 6 December 2018 with a view to consulting

and engaging with civil society. Responses from civil society, including from the Danish

Institute for Human Rights, were discussed in the Government’s

Human Rights Committee.

Denmark’s Core Document

The Government has taken due note of the Committee’s encouragement in para. 28 of

its concluding observations to submit an updated version of Denmark’s Common Core

Document

(subsequently referred to as the “Core

Document") and has presented an updated

version on 29 March 2018.

Durban Declaration and the International Decade for People of African Descent

With reference to concluding observations 24 and 25 the Government remains

supportive of the primary objectives and commitments undertaken at the 2001 Durban World

Conference. However, the Government finds that the reporting obligation under ICERD

relates to the convention itself. Relevant parts of frameworks and resolutions, including the

CERD/C/DNK/22-24

International Decade for People of African Descent, are of course taken into account when

implementing the substantive provisions of ICERD.

Registration of ethnicity

The

Government has taken note of the Committee’s encouragement in paragraph

7 of

its concluding observations to include ethnicity in its data collection.

10.

The National Danish Civil Registration System (CRS) only contains basic personal

data, i.e. name, address, marital status, nationality, etc., about every person legally residing

in Denmark. The data content of the CRS does not include ethnicity. There are no future

plans to include data concerning ethnicity in the CRS since the registration of ethnicity is not

considered in accordance with the purpose of the CRS.

11.

However, the Danish authorities have registered data on immigrants and descendants,

on foreign nationals and on newly arrived refugees and immigrants. The register data show,

among others things, country of origin, citizenship, gender, age, housing, employment,

education, Danish education and training for employment of each individual in these

population groups. The Danish authorities also have survey data on equal treatment, self-

determination, citizenship and Danish language skills.

12.

The Ministry of Immigration and Integration is responsible for an integration

barometer which monitors the development towards nine goals regarding: Employment,

education, Danish language skills, citizenship, equal treatment, self-determination, self-

support, deprived urban areas and crime. The integration barometer focuses on immigrants

and descendants and on newly arrived refugees and family united persons to refugees.

13.

The Ministry of Immigration and Integration also publishes reports and articles on

immigrants and descendants and on newly arrived refugees and immigrants, analysing the

development in their country of origin, citizenship, age, gender, housing, employment,

education, Danish education, training for employment, equal treatment, self-determination,

citizenship, Danish language skills and crime.

II. Information relating to articles 1 to 7 of the Convention

Article 1

Incorporation into Danish law

14.

In para. 8 of its concluding observations, the Committee reiterates its recommendation

that Denmark reconsider to incorporate human rights core instruments, including the

International Convention on the Elimination of All Forms of Racial Discrimination into the

domestic legal order. The Committee also encourages the State party to amend its Criminal

Code to bring it fully into line with the provisions of the Convention, including the definition

of racial discrimination in article 1 (1) of the Convention, and to ensure that the judiciary is

fully conversant with the provisions of the Convention.

15.

As described in para. 24-26 of the nineteenth periodic report as well as para. 24 in the

twentieth periodic report, the Convention is a relevant and valid source of law in the Danish

legal order. The chosen method of implementation does not hinder its practical application

by the Danish courts.

16.

Reference is made to para. 134-135 in the Core Document, where it is stated that an

incorporation might entail a risk of a shift in powers conferred upon the Parliament and

Government to the courts. The Government respectfully maintains this position.

CERD/C/DNK/22-24

Article 2 (A-B)

General measures to eliminate racial discrimination

17.

Reference is made to para. 8-9 of the twentieth periodic report and para. 215-218 and

252-265 in the Core Document.

18.

The Danish Security and Intelligence Service has launched 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 play in relation to radicalization and 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.

Financial Statements Act (Section 99a)

19.

Since 2009, the Financial Statements Act, cf. Section 99a, has required the

approximately 1,100 largest Danish companies and all state-owned limited liability

companies to report on CSR in their annual reports. In 2012 and again in 2015, the Danish

Parliament passed a bill ensuring that in the future the same companies must also expressly

state in their annual reports which measures they are taking to respect human rights, e.g.

efforts to combat racial discrimination, and to report if they do not have such measures in

place.

Advisory Council on CSR and SDG

20.

The Danish Government is in the process of establishing a new multi-stakeholder

Council on Corporate Social Responsibility (CSR) and the Sustainable Development Goals

(SDG). The Council is mandated to initiate initiatives and give advice to the Government. It

is up to the Council to decide which specific themes it wants to focus on, including in regard

to ensuring respect of human rights in accordance with e.g. UN Guiding Principles on

Business and Human Rights. The Council is replacing the advisory councils i.e. the former

Forum on CSR and Growth, and the former Forum on Social Responsibility.

Awareness and information on rights and gender equality

21.

The Minister for Equal Opportunities runs a campaign in 2018-2020 to raise

awareness on women’s rights and promote gender equality among migrants, refugees and

ethnic minorities. Municipalities, language schools and NGO’s can acquire teaching modules

on themes such as gender equality in the labour market, in public and in families. Teaching

materials include a number of films and a booklet with facts about women’s rights and gender

equality. Information and course materials are available in six languages here.

Initiative to ease the inclusion of newcomers from Greenland to Denmark

22.

The initiative reaches out to and provides intensive and systematic support for

newcomers from Greenland. It generally accommodates users in the form of assistance in

handling linguistic, educational and cultural challenges when meeting the Danish public

system. The Greenlandic Houses have for a number of years offered social services targeted

towards vulnerable Greenlanders living in Denmark. The Greenlandic Houses constitute a

significant support measure for vulnerable Greenlanders, and they are a significant partner

for the municipalities in the efforts to prevent and limit social disadvantages among

Greenlanders living in Denmark.

CERD/C/DNK/22-24

23.

In Denmark there are four Greenlandic Houses. They are situated in the cities of

Copenhagen, Odense, Aarhus and Aalborg. The target group of the initiative is vulnerable

and potentially vulnerable Greenlanders - children as well as adults - who have recently

relocated to Denmark. The target group includes both vulnerable Greenlanders and more

well-functioning Greenlanders.

24.

In 2019 two initiatives will be launched to support and ease the inclusion of

Greenlandic students coming to Denmark to pursue their studies and, thus, to increase their

chances of succeeding in their studies. The first initiative is an intensive language training

course for Greenlandic students. The aim of the initiative is to strengthen the Danish language

skills of future Greenlandic students in Denmark.

25.

The second initiative is an introduction to academic language use and Danish study

culture for Greenlandic students in the four Greenlandic Houses. The aim of the initiative is

to strengthen the academic language use, and to help the students in handling educational and

cultural challenges, when meeting the Danish educational system.

Article 2 (C)

26.

Reference can be made to Core Document para. 183-194.

Article 2 (D)

27.

The Government has taken due note of the Committee’s recommendations in

paragraph 12, 13, 15 and 20 of its concluding observations, and would like to make it clear

that it is pursuing a successful integration process in order to ensure fewer people live in

parallel societies with no contact to the rest of the Danish society. The Government believes

that practical labor market acquaintance is the surest path to obtain regular employment and

integration in general, and that it serves as a tool to combat racial discrimination. The basic

principles of the Danish welfare system are:

funding by the general taxation

that all residents (including ethnic minorities), free of charge, have equal access

to a wide range of services - for instance health care, education and care for the

elderly.

28.

Refugees and ethnic minorities in general have, free of charge, full access to these

welfare services on an equal level with any other resident. Furthermore, they are entitled to

cash assistance if unemployed as well as supplementary benefits.

29.

Appropriate housing for refugees is provided by municipalities within few months

after arrival in Denmark and refugees are offered a free and tailored integration program (up

to five years). Comprehensive and free language training and job training are the key

measures in this program. The aim of the Danish integration effort is to support refugees in

being fully able to make use of their talents and resources in order to become participating

and economically independent citizens on an equal footing with other residents in Denmark.

Employment and self-sufficiency is the principal target of the integration effort. Every adult

refugee is being offered an integration program with job training and Danish language

courses. Refugee children attend the regular Danish school system free of charge.

30.

In March 2016 the Government concluded talks with the

social partners (employers’,

employees’ and local authorities’ organizations). The accords agreed on more than 50

initiatives aiming to strengthen the integration programs. The general target is to improve the

outcome of employment and integration programs.

The guiding principle is ‘work from day

CERD/C/DNK/22-24

one’,

which among other things

calls for a better screening of refugees’ competencies,

combining employment and language classes and tying refugees’ geographical allocation to

local job opportunities.

31.

Three years ago, only 3 pct.

of the newly arrived were considered ‘ready for a job’,

and 15 pct. were doing traineeships or wages subsidy programs. The accords assure that the

starting points are:

everybody is considered ‘ready for a job’ and

everyone must participate in activities towards real workplace experience (for example

traineeships or work with wages subsidies) within one month after arrival to the

municipality.

32.

Another key measure is the introduction of a new and more efficient job and training

model [IGU] by which new arrivals gradually - over the course of two years on a regular

workplace combined with periods of schooling

–

acquire skills and competencies at the level

of regular employment recognizing that many initially may not possess the skills and

productivity required to qualify for a job on a regular Danish wage level and working

conditions. This model includes a so-called apprentice pay and ensures that working is

combined with training.

33.

Additionally, the Government has ensured a wide range of financial incentives for

municipalities and businesses that support labour market integration of refugees and family

reunified persons: A bonus is granted to municipalities for each additional refugee or family

reunified person who achieves regular employment or enters secondary education. The bonus

for companies that recruit refugees or family reunified persons during the first year after they

are granted residency is a total of DKK 40,000 (USD 6,161), while the bonus is DKK 30,000

(USD 4,620) for companies recruiting refugees or family reunified persons up to 2 years after

they are granted a residence permit.

34.

Over the past 2 years, additional funding of DKK 1 billion (or approx. USD 154 mio.)

has been provided for the municipal integration efforts, primarily in order to handle the

challenges of providing adequate housing. The key indicators of bringing newly arrived into

employment have improved significantly the last three years. From June 2015 to September

2018, the rate of newly arrived:

considered as ‘ready for a job’ has risen from 3 to 72

pct.

doing traineeships or work with wage subsidies has risen from 15 to 34 pct.

35.

Additionally, the rate of refugees with 3 years of residence in regular employment has

improved from 21 to 43 pct. from the second quarter of 2015 to the second quarter of 2018.

By October 2018 more than 1,700 refugees have now been employed through the integration

training model (IGU). (From May 2015 to May 2018) the employment rate among residents

of non-Western origin (aged 18-64) has increased from 48 to 55 pct. among males. And from

43 to 47 pct. among females.

36.

Further reference concerning concluding observation 15 can be made to the follow up

document submitted on 13 May 2016 (CERD/C/DNK/CO/21-21/Add.1).

Article 3

Strategy against parallel societies

37.

Recently, the Government has concluded a number of agreements with parliament to

address the problems with residential areas that have major challenges related to a

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disproportionate share of residents who are unemployed, have a low income or education, or

who have criminal records

38.

The strategy distinguishes between deprived neighbourhoods and ghetto areas.

Ghettos all have issues with aforementioned criteria. They also have a higher share of non-

western immigrants than deprived neighbourhoods. The government wants these residential

areas to have a mixed composition of residents.

39.

The Government wants all parts of Denmark to build on democratic values such as

freedom, tolerance and equal rights for instance between men and women. The Government’s

effort against parallel societies therefore builds on four pillars:

Tearing down and renovating vulnerable neighbourhoods.

Stronger enforcement of who can or cannot live in vulnerable neighbourhoods.

Stronger police efforts and higher penalties in order to fight crime and create more

security.

A good start in life for all children and young people.

40.

The Government’s strategy and the agreed initiatives contain new demands for people

living in parallel societies while at the same time offering new ways to gain from all the

possibilities that the Danish society offers.

Article 4

Prohibition against promotion or incitement to racial hatred and discrimination

41.

With regard to the specific exhibition referred to by the Committee (concluding

observation 10), reference is made to information in the follow up to the concluding

observations (CERD/C/DNK/CO/20-21/Add.1) submitted 13 May 2016 and the observations

of the Government submitted on 29 August 2018 in the CERD Communication No. 62/2018

in which the issue is thoroughly addressed. In the communication, the authors claim that the

government has breached its obligations under Articles 4 (a), 4 (c) and 6 of CERD due to the

decision to discontinue the investigation into the criminal case against the Swedish artist of

the exhibition.

42.

Denmark continues to attach great importance to combating hate crimes by taking

several steps to ensure that such cases are effectively investigated and prosecuted.

Combatting hate crimes is an important tool to prevent and combat racial discrimination.

43.

The Danish National Police is obliged to enforce and investigate any kind of racism

or discrimination targeting the Danish society according to the Criminal Code section 266 b

and section 81, para 6.

Monitoring of the number and nature of hate crimes in the police districts

44.

In the spring of 2015, the overall responsibility for the prevention of and fight against

hate crimes was transferred from the Danish Security and Intelligence Service to the Danish

National Police.

45.

The Danish National Police has a strong focus on ensuring that hate crimes are being

handled and registered correctly in the police districts and that the police officers in that

context receive sufficient training. For that reason, 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. In addition, further training is

offered by the Danish National Police after the law enforcement training has ended.

CERD/C/DNK/22-24

46.

The Danish National Police also decided to strengthen the registration and handling

of hate crimes in the police districts and to obtain an overview of hate crimes carried out in

Denmark by launching a monitoring programme. The monitoring program is considered a

valuable contribution in the attempt to follow the development of hate crimes closely and to

target the effort against hate crimes in Denmark.

47.

As part of the implementation of the monitoring programme, the Danish National

Police issued guidelines to all the Danish police districts on how to detect hate crimes in

specific cases and how to register hate crimes correctly to ensure that all relevant crimes are

investigated as a hate crime. In 2018, the Danish National Police has initiated a dialog with

the Danish police districts in order to ensure that all hate crimes are registered correctly in an

IT/administrative system (POLSAS).

48.

The monitoring programme is carried out through the use of so called search keys

implemented in POLSAS used by the Danish Police. These keys are divided into different

criminal categories in accordance with national criminal law. When a criminal offense

believed to be a hate crime is subject to police investigation, the local police will attach a

search key to the case in POLSAS. The programme enables the Danish National Police to

monitor the area on a monthly basis by searching for the relevant cases in POLSAS, using

the search keys, a free text search and a search on offenses against section 266 b of the

Criminal Code.

49.

In 2017, the Danish National Police decided to change the above mentioned practice

for monitoring hate crimes. The reason for this was the National Police becoming aware of

several relevant hate crime cases in POLSAS that could not be located with the current search

practice. The National Police has therefore added some supplementary search words to their

monitoring practice, which has enabled the National Police to find more relevant hate crime

cases in 2017. This has given a more accurate overview of the extent of hate crimes in

Denmark.

50.

The Danish National Police composes an annual report on the monitoring programme

regarding the number and nature of registered hate crimes in Denmark. The third report was

published in September 2018 and covers incidents from 2017.

51.

According to the report 446 incidents characterized as hate crimes were registered in

2017. At the time of the preparation of the report there had been pressed 95 charges against

102 people. Furthermore, half of the registered hate crimes in 2017 was committed with a

racist motivation concerning the victim’s nationality, ethnicity, race or skin

colour etc. This

tendency has also been present in the reports from 2016 and 2015.

52.

Due to the change of practice for monitoring hate crimes in 2017, the reports covering

2016 and 2015 are not directly comparable to the latest report.

53.

The report can be found (in Danish only) by following this link: Report 2017

Findings in the yearly crime victim survey

54.

As of 1 January 2008 the yearly crime victim survey (conducted by the Research

Division in the Ministry of Justice in cooperation with the University of Copenhagen) on the

risk of becoming a victim of certain crimes in Denmark, e.g. violence, includes whether such

an incident is seen as racially motivated. The most recent analyses covering the period 2008-

2016 show that 7 percent of the victims of violence were sure that racism caused the offence

while another 6 percent thought that might have been the case. More male victims of violence

than female victims found that the offence was racially motivated.

55.

Victims of racially motivated violence report the incidence to the police at the same

frequency as other victims of violence.

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Guidelines in the section on hate crimes in the Instruction from the Office of the

Director of Public Prosecutions

56.

Guidelines on the way the police and the prosecution service deal with cases

concerning hate crimes are set out in the section on hate crimes in the Instruction from the

Office of the Director of Public Prosecutions. This section deals with cases concerning

contravention of section 266 b and section 81, para 6, of the Criminal Code as well as the Act

on the Prohibition of Discrimination Based on Race, etc.

57.

This section underwent a major revision in 2016, one of the aims of this being to

clarify the guidelines for handling these cases. For example, it was clarified which aspects it

is particularly important for the police and the prosecution service to pay attention to in their

processing of cases concerning hate crimes in order to ensure that

–

already in the initial

phase of a case as well as in their assessment of the question of whether to raise formal

charges

–

the police and the prosecution service pay attention to whether hate may be the

motive of a criminal offence and also to ensure to a greater extent that all cases across the

police districts are treated in an uniform and correct manner.

58.

The guidelines also stipulate that all hate crimes must be recorded in POLSAS with a

view to enabling the National Commissioner of Police to monitor the area.

59.

According to the previous guidelines (Instruction No. 2/2011), cases concerning

contravention of the Act on the Prohibition of Discrimination Based on Race, etc. in which a

provisional charge had not been raised had to be referred to the regional state prosecutor.

Cases in which a provisional charge had been raised, were to be referred to the Director of

Public Prosecutions. According to the current guidelines, all cases concerning contravention

of the Act on the Prohibition of Discrimination Based on Race, etc. must be referred to the

regional state prosecutor by the commissioner irrespective of whether a provisional charge

has been raised or not. In the event that the investigations are discontinued, the victim and

others who are presumed to have a reasonable interest in the case may appeal against the

decision to the Director of Public Prosecutions.

60.

Moreover, the current guidelines now include a section describing the requirement of

ICERD for effective investigation, and in that section, it is emphasized that in cases of

violation of section 266 b of the Criminal Code, regardless of whether the detailed contents

of the statement are deemed not to be disputed, the overriding principle should always be that

the persons involved in the matter should be interviewed.

Hate crime as a focus area

61.

In 2016 and 2017, hate crime was selected as a focus area for prosecutors. This meant

that the area was followed particularly closely and that, to the extent it was relevant, the

prosecution service sought to have interpretation questions, sentencing levels and evidentiary

matters clarified in case law.

62.

The police and prosecution service continue to focus on ensuring that these cases are

processed correctly and in a uniform manner and that, already in the initial phase of the case,

the police focus on whether hate may be the motive of a crime. See Annex III for statistics

concerning criminal cases concerning racist statements.

The Act on the Prohibition of Discrimination Based on Race, etc.

63.

It is currently not possible to obtain electronic extracts from POLSAS about

contraventions of the Act on the Prohibition of Discrimination Based on Race, etc.

64.

The state prosecutors, which constitute the referral and notification authority for cases

concerning contravention of the Act on the Prohibition of Discrimination Based on Race,

etc., have manually reviewed their records and stated that, in the period from 2013 to 2018,

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they were informed of 13 cases concerning contravention of the Act on the Prohibition of

Discrimination Based on Race, etc.

65.

Formal charges were raised in four of the cases, leading to two acquittals, one fixed-

penalty notice and one legal warning. One of the 13 cases is awaiting case processing. In the

remaining cases, investigations were either discontinued, or prosecution was withdrawn.

66.

It should be noted that this review is subject to some uncertainty as the filing systems

do not contain one or more filing groups which exclusively deal with cases concerning

contravention of the Act on the Prohibition of Discrimination Based on Race, etc.

Crimes with a racist motivation (section 81, para 6, of the Criminal Code)

67.

Currently, it is not possible to extract information electronically from the police

computer system on the number of cases in which section 81, para 6, was invoked.

Consequently, it is not possible to provide further statistical information on the number of

cases in which section 81, para 6, was invoked.

68.

A review of the case law in the Prosecution Service's knowledge base shows that, in

the period 2013-2017, a number of judgments were handed down in which the court referred

to section 81, para 6, of the Criminal Code and expressly attached aggravating importance to

the aspect that the offence was based on the ethnic origin, faith, sexual orientation, etc. of

others.

Employment law

69.

Under Danish employment law, it is unlawful to discriminate on the basis of the

following criteria: Gender, race, colour of skin, religion or religious belief, political belief,

sexual orientation, age, handicap, national, social or ethnic origin.

70.

The legal basis is the Act on Prohibition against Discrimination on the Labour Market

etc. The Act is also known as the Discrimination Act, though only applicable on the labour

market.

71.

The Act prohibits both direct and indirect discrimination. Indirect discrimination

occurs where an apparently neutral criterion or practice would put persons having a particular

race, religion or belief, a particular disability, a particular age or a particular sexual

orientation at a particular disadvantage compared with other persons, unless the criterion or

practice is objectively justified by a legitimate aim. The prohibition of discrimination applies

to all aspects of the employment.

72.

Prohibition of differences of treatment in the labour market etc. appears in section 1

1: "Differences of treatment shall for the purposes of this Act mean any direct or indirect

discrimination due to race, colour of skin, religion or belief, political affiliation, sexual

orientation, age, disability or national, social or ethnic origin."

73.

The act and the prohibition against differences of treatment applies to (section 2)

"workers or applicants for vacant jobs to differences of treatment in their appointment,

dismissal, transfer, promotion or in respect of pay and working conditions."

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74.

Section 3 states: "An employer may not expose workers to any difference of treatment

in respect of their access to vocational guidance, vocational training, advanced vocational

training and retraining. (2) The prohibition against differences of treatment furthermore

applies to anyone who carries through guidance and training activity as referred to in

subsection and anyone who provides employment. (3) The prohibition against differences of

treatment furthermore applies to anyone who defines conditions and makes decisions on the

access to self-employment. (4) The prohibition against differences of treatment furthermore

applies to anyone who makes decisions on membership of and participation in a workers’

organisation or an employers association and the benefits offered by such organisations to

their members.

75.

Failure to comply with the Discrimination Act is punishable by a fine or compensation

to the employee.

76.

Section of the Act states that violation of section 5 shall be punished with a fine.

Where the violation has been committed by a company, an association, a proprietary

institution, a foundation or a similar body, the legal person may as such be held liable to pay

a fine. If the violation has been committed by the State, a local authority or a joint local

authority enterprise comprised by section 60 of the Act on the Government of Local

Authorities, the State, the local authority or the joint local authority enterprise may be held

liable to pay a fine.

Article 5 (A)

77.

As in the twentieth periodic report Annex III, the Danish Department of Prison and

Probation Service has compiled data Annex II on the ethnic composition of the population in

Danish Prisons. The compiled data is disaggregated by geographical origin and age of both

immigrants and descendants of immigrants in Danish Prisons and includes information on

the ethnic composition of the prison population in various institutions (closed state prisons,

open state prisons, local prisons, halfway houses, etc.). Furthermore, the compiled data

includes information on the composition of the Danish prison population based on

nationality/citizenship.

78.

The Danish Security and Intelligence Service (PET) in its role as national intelligence

and security authority

–

is responsible for identifying, preventing, investigating and

countering threats to the freedom, democracy and security of Danish society. This includes

threats posed by terrorism, political extremism and espionage.

79.

PET’s investigations are carried out on the basis of specific suspicions, and

investigations and other coercive measures must be done in accordance with the rules in the

Administration of Justice Act.

80.

PET carries out its activities in accordance with general rules and principles in force

in Denmark, including rules on non-discrimination, as well as the rules in the European

Convention on Human Rights forbidding discrimination on the grounds of race, colour, etc.

Thus, PET pays close attention to ensuring that the activities carried out by the service do not

discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or

ethnic origin, and that individuals are not subjected to racial or ethnic profiling or

stereotyping.

Measures taken to ensure that claims of racial discrimination by individuals are

investigated thoroughly

81.

Guidelines on the manner in which the police and the prosecution service deal with

cases concerning hate crimes are set out in the section on hate crimes in the Instruction from

the Office of the Director of Public Prosecutions, see para 49-53 above.

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82.

In order to ensure transparency and a uniform, thorough practice by the police and

prosecution in cases concerning hate speech or racial discrimination, the current instruction

contains detailed guidelines supplemented with relevant case law as to when an act generally

should be considered a violation of the aforementioned rules.

83.

Reference is also made to the elaborate description in paragraphs 48-53 of the

twentieth periodic report concerning the Danish rules on referral and notification which are

to ensure that a focus on in-depth investigation and case processing is given high priority.

Information on measures taken to ensure claims made against officials

84.

The section of the Instruction from the Office of the Director of Public Prosecutions

on public officials and cases against public officials contains guidelines on how to handle

complaints and the further case processing of cases against public officials, including cases

concerning discriminatory or racist behaviour.

85.

The section states that complaints concerning criminal offences committed on duty by

police officials or legal staff members of the local prosecution service or the Office of the

National Commissioner of Police must be submitted to the Independent Police Complaints

Authority which will be responsible for the investigation of the case and for referring the case

to the state prosecutor for them to make a decision as to the question of whether to raise

formal charges.

86.

Complaints against the behaviour of on-duty police officials or legal staff members of

the local prosecution service or the Office of the National Commissioner of Police will also

be investigated and decided by the Independent Police Complaints Authority.

87.

Complaints against the police's decisions within criminal procedure are generally

dealt with by the police commissioner in the first instance with access to appeal to the state

prosecutor, while complaints against the police's decisions outside criminal procedure will

generally be dealt with by the police commissioner in the first instance with access to appeal

to the National Commissioner of Police.

88.

Criminal proceedings against other staff members of the local police district or the

Office of the National Commissioner of Police, such as office staff or civil officials as well

as staff members at the state prosecutors' offices and the Director of Public Prosecutions will

be dealt with by the police commissioner, irrespective of whether the offence was committed

on duty or off duty.

89.

As regards persons who are staff members of the public administration and the courts,

the Ministry of Justice’s

Circular no. 43 of 31 May 2012 sets out rules on reporting of, for

example, cases in which provisional charges are brought for contravention of the Criminal

Code and when judgments are passed for contravention of other legislation. Such reporting

must be effected to the Director of Public Prosecutions or the employing authority.

Article 5 (B)

Information on measures taken to ensure equal protection of the security and integrity

of victims or potential victims of racial discrimination by adopting measures for

preventing racially motivated acts of violence against them

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90.

The guidelines on how to deal with hate crimes (see para 41-43 and 56-60) stipulate,

amongst other things, that already upon receipt of a complaint concerning contravention of

section 266 b of the Criminal Code, the police should, as a rule, launch an investigation.

Thus, the overriding principle should be that the person making the statement or imparting

the information should be interviewed in order to clarify the purpose and background of the

statement, etc., and the victim of the case (the person lodging the report of the alleged

offence) should also be interviewed. The requirement for carrying through interviews also

applies even though the details of the statement must be presumed to be firmly established.

91.

The interview should shed light on the contents and form of the statement or

information, where it was made, the background to the statement, who and how many people

have heard/read/seen the statement, etc. Moreover, the police must make sure they secure

evidence by obtaining a copy of the article, video, etc. in question if the statement was made

in the media or on the internet, and they must also elucidate how and how many are able to

access the media or the internet in the forum in which the statement was made. If the

statement was made directly to one or more people, the police must describe in their report

how many people heard the statement, and they must interview relevant witnesses.

92.

When receiving complaints of contravention of the Act on the Prohibition of

Discrimination Based on Race, etc., the police must attempt in their investigation to clarify

what was said or expressed in connection with service or access being denied and how the

conditions at the entertainment venue in question tally with the reason for refusing the person.

If the refusal was justified by the person's lack of adherence to the venue's dress code,

membership or age, the police must check how other guests were dressed, their membership

and age and, if relevant, obtain documentation of the venue's dress code, membership

requirement and age restrictions.

93.

In cases where a harsher sentence under section 81, para 6, of the Criminal Code may

be relevant, the police must, already at the time they receive the complaint, pay attention to

circumstances indicating that the offence was fully or partially attributable to other people's

race, ethnic origin, faith, sexual orientation, etc. Indications that such a hate motive may be

involved could be verbal expressions or the fact that the suspect has an affinity with or

sympathy for an organisation, association, etc. to which strongly racist or homophobic views

are attributed. Moreover, the victim's participation at the time of the crime in activities related

to his race, ethnic origin, faith or sexual orientation or information about the scene of the

crime may indicate that there is a hate motive. In their investigation, the police must seek to

uncover the motive further and investigate whether there was a prior conflict which is of

importance to the case.

94.

In court proceedings concerning hate crimes, the prosecution service must pay

particular attention to elucidating during the production of evidence any potential hate motive

by calling witnesses and documenting relevant information about this. During the closing

arguments concerning the sentence to be imposed, any hate motive must be underlined as an

aggravating circumstance, and the court must be asked to take a stance in the judgment as to

the question of applying provisions stipulating a harsher sentence, such as section 81, para 6

of the Criminal Code so as to create, through case law, a better knowledge of the use of the

provision.

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95.

In order to avoid conflict of interest issues, or if circumstances exist where there may

be doubts as to whether a case is being dealt with in an impartial manner, and to ensure

independent investigation and case processing of criminal proceedings against public

officials, reports of criminal offences committed on duty must be submitted to the

Independent Police Complaints Authority as referred to above. If the report is submitted to

the police or the prosecution service, it will immediately be forwarded to the Independent

Police Complaints Authority. The Independent Police Complaints Authority will be in charge

of the investigation of the case and will then refer it to the state prosecutor for them to decide

whether to raise formal charges. The Independent Police Complaints Authority will itself

notify the disciplinary authority about the case.

96.

All hate crimes must be recorded in POLSAS with a view to the National

Commissioner of Police being able to monitor the area of hate crimes.

97.

In connection to concluding observation number 18 it should be noted that the Court

Administration in its own recruitment as well as in its instructions of the courts are aware of

The Agency for the Modernisation of Public

Administration’s general instructions and

guidelines regarding initiatives intended to improve the recruitment of ethnic minorities in

the state administration.

98.

Also the Danish National Police attaches great importance to our aspiration towards

making the police force reflecting the population in Denmark in all aspects. Diversity is in

general an essential element of the policy on personnel and leadership in the Danish Police.

In our recruitment endeavours we are adamant in attracting students, that reflect the

population and therefore designing the recruitment materials with a view of addressing the

entire population in Denmark. This is achieved by using diversity in photographs, video

materials and when participating in job information gatherings and educational bazaars to act

as role models for potential recruits.

Victims of human trafficking

99.

Denmark seeks to combat human trafficking through prevention strategies as well as

through prosecution of the individuals responsible for the trafficking and by providing

victims of trafficking with targeted support. As victims of trafficking are regarded as

vulnerable, Denmark has developed an effective institutional system and implemented a large

number of activities to support victims during their stay in Denmark.

100. In 2018, the Government agreed on a new National Action Plan against Human

Trafficking for the period 2019-2021. The action plan continues and builds on previous

efforts in this area. Focus is on making the efforts more flexible to new trends, forms of

exploitation and tailored to the individual needs of the victims, and on including relevant

actors already in contact with potential victims in the outreach work and prevention of human

trafficking. For information on services provided for victims under the action plan, including

asylum seekers or irregular immigrants, reference is made to the twentieth periodic report.

Dialogue with groups of victims of hate crimes

101. In 2016, the Danish National Police initiated a dialogue regarding hate crimes with a

number of relevant 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, as well as shedding light on any difficulties or

barriers with regard to the reporting process.

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Victims of domestic violence

102. According to article 19 (8) of the Aliens Act and in relation to concluding observation

16, the immigration authorities can decide not to revoke or deny extension of a residence

permit on the basis of family reunification with a spouse or partner, if the cohabitation has

ceased because the foreign spouse or children are victims of domestic violence, mistreatment

or other forms of abuse. The aim of this article is i.a. to avoid situations where a foreign

spouse has to choose between leaving the country or stay in a violent relationship. Thus, the

foreign spouse may retain a time limited residence permit and have such permit extended

when the conditions in article 19 (8) are met.

103. In order to qualify for a permanent residence permit, the foreign spouse must not have

received certain forms of social benefits within four years of applying for a permanent

residence permit. The decisive factor when evaluating whether the foreign spouse has

received social benefits is whether they have been awarded under the terms of the Active

Social Policy Act or the Integration Act. There are no current plans to amend this requirement

of self-support in the rules on permanent residence permits.

Ethnic profiling

104. With regard to concluding observation 18 there has been no specific initiative in the

field of ethnic profiling in 2018. However, the Danish National Police and the Director of

Public Prosecution will make an overview of the number of complaints concerning the

dispositions of the police and the type and number of cases where the relevant appeals body

has agreed with the applicant. This overview will provide the background for organizational

learning across the police districts so that any inappropriate behaviour can be changed

quickly and efficiently.

105. Furthermore, the Independent Police Complaints Authority will elaborate a

supplement to the annual report published by the Independent Police Complains Authority,

which will contain recommendations aimed specifically at the police and the Prosecution

Service to consider and work on.

Fight against radicalisation

106. The Danish effort regarding prevention of extremism and radicalisation is based on a

comprehensive and varied approach, using different types of interventions depending on the

target group. An important part of this prevention effort contributes to providing children and

young people with democratic skills, honing their critical thinking and social competencies,

and thereby preventing the development of risk behaviour. The effort includes a systematic

effort in day-care facilities, primary schools and upper secondary schools to strengthen

democratic skills and citizenship, mobilization of young people in prevention of hate speech

and radicalisation online, and a nationwide youth dialogue corps consisting of young people

aged between 18 and 35 who run discussions and workshops to fuel a debate among young

people on topics significant to their development. This includes topics such as identity,

discrimination and non-discrimination, images of friends and enemies, intolerance,

extremism, etc.

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Article 5 (C)

Political rights, in particular the right to participate in elections, to vote and to stand

for election

107. Reference can be made to para 87-94 of the Core Document concerning the rules for

the administration of parliamentary elections and elections to local and regional councils.

108. Franchise for the Danish elections to the European Parliament is held by persons who

on the day of the election are entitled to vote at Danish parliamentary elections, cf. section 2

of the Members of the European Parliament Elections Act. Furthermore, every person of

Danish nationality, who has attained the age of 18 years, and is residing in Denmark or in

one of the other EU Member States, is also entitled to vote at elections to the European

Parliament in Denmark. In addition, nationals of the other EU Member States who are

residing in Denmark and persons registered with the Protocol Department of the Ministry of

Foreign Affairs of Denmark (diplomats from EU member states in Denmark) may vote at

elections to the European Parliament in Denmark.

109. Since 2016, persons that have been deprived of their legal capacity according to

section 6 of the Act on Legal Guardianship are also entitled to vote at elections to the

European Parliament. A person entitled to vote in elections to the European Parliament is

also eligible for election to the European Parliament unless the person in question has been

convicted of an offence that in the public opinion makes the candidate unworthy of being a

member of the European Parliament. Moreover, nationals of other EU Member States who

have been deprived of their eligibility in their home country are not eligible for election to

European Parliament in Denmark.

Article 5 (D)

The right to freedom of movement and residence within the border of the State

110. The Danish rules regarding permanent residence permit are based on a wish to

encourage foreigners to integrate into the Danish society. It is noted that a number of the

requirements for obtaining permanent residence permit do not apply if Denmark's

international obligations, including the UN Disability Convention, so require.

111. Accordingly, aliens who are unable to meet one or more of the requirements, in

accordance with the UN Disability Convention will not meet these requirements due to

disability.

112. For instance a refugee who suffers from posttraumatic stress can be regarded as a

disabled person covered by the UN Disability Convention if the post-traumatic stress is a

long-term disability. It depends on a concrete and individual assessment. If so, he or she will

not be met with one or more of the requirements.

113. Moreover, since 2012 refugees who have been residents for more than 8 years and

who have demonstrated a willingness to integrate into the Danish society can obtain a

permanent residence permit even though they fail to meet a number of the requirements for

permanent residence permit.

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114. In this context, it should be noted that the rules regarding permanent residence permit

changed in 2017 as regards, inter alia, the requirement for residence, language skills, self-

support and employment. Thus, aliens (still) need to meet a number of basic requirements

and at least 2 of 4 supplementary requirements in order to qualify for a permanent residence

permit (re active citizenship, additional employment requirements, income level and

increased Danish language skills). If aliens meet all 4 supplementary requirements, they will

qualify for a permanent residence permit after 4 years of legal residence in Denmark instead

of the normal 8 years. Thus, aliens residing in Denmark who have demonstrated a special

ability and willingness to integrate into Danish society can obtain permanent residence permit

at an earlier time.

115. The possibility to waive one or more requirements if Denmark's international

obligations so require still applies, whereas the special rule about refugees who had

demonstrated a willingness to integrate into Danish society has been abolished.

Non-refoulement

116. Denmark has implemented the principle of non-refoulement directly in the Aliens

Act section 31 to ensure that non-citizens are not returned or removed to a country or territory

where they are at risk of being subject to serious human rights abuses, including torture and

cruel, inhuman or degrading treatment or punishment. The principle is also found in the

Danish Aliens Act section 7, which determines that an alien will be granted asylum if he or

she is in risk of being subject to torture or cruel, inhuman or degrading treatment or

punishment, if re-turned to the country of origin.

The right to leave any country, including one's own, and to return to one's country

117. According to the Aliens Act section 17, para 1, a residence permit lapses when an

alien gives up his or her residence in Denmark. The permit also lapses when the alien has

resided outside Denmark for more than 6 consecutive months. If the alien either has been

issued a residence permit with a possibility of permanent residence and has been a lawfully

resident for more than 2 years in Denmark, or has obtained a permanent residence permit in

Denmark, the residence permit lapses when the alien has resided outside Denmark for more

than 12 consecutive months. It is possible to ask for dispensation from these rules.

118. If an alien is considering repatriation to his/her country of origin, it is possible for the

alien to retain his/her residence permit until 12 months after they have repatriated cf. section

17 a (1) of the Aliens Act. The alien can ask the Danish Immigration Service to stay outside

Denmark for an additional 12 months, cf. section 17 a, para 2 of the Aliens Act.

119. However, if the alien has been granted a residence permit on the grounds of asylum,

the residence permit lapses only in the situation when the alien has returned voluntarily to

his or her country of origin or has obtained protection in a third country.

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New political agreement

120. In June 2018, a new political agreement was adopted regarding the criteria for

obtaining Danish nationality. The new criteria among other things heightened the

requirements concerning the applicant’s self-support,

the rules about crimes and the

documentation requirements in the case that an applicant applies for dispensation regarding

Danish language proficiency due to disease. The parties of the agreement also stated that the

agreement should ensure that the number of dispensations will be reduced. In regard to the

rules about crimes in the new criteria, an applicant can never obtain Danish nationality if he

or she for instance has been imprisoned for 1 year or more for a criminal offence, 3 months

or more for assault etc., or has been sentenced for gang-related crimes. Furthermore, the new

criteria institute a ceremony that the applicant must participate in, in order to obtain Danish

nationality. At this ceremony the applicant must sign that he or she agrees to comply with the

Danish Constitution etc. and furthermore exchange a handshake with a representative of the

public authorities.

Dual Nationality

121. In December 2014, the Danish Parliament adopted rules accepting dual nationality

and the act came into force on 1 September 2015. In connection with the Act on Multiple

Nationalities, two temporary transitional schemes were established according to which

former Danish nationals and persons whose names are listed in specific Naturalisation Bills

could acquire Danish nationality by declaration.

Long term residents

122. It is, in principle, a precondition for obtaining Danish nationality that the applicant

has a Danish permanent residence and is a resident in Denmark.

Spouses of Danish nationals

123. Spouses of Danish nationals have more lenient rules when it comes to obtaining

Danish nationality.

Stateless persons

124. Denmark has provisions to ensure, that nationality is granted to applicants of Danish

nationality who are born in Denmark and covered by the UN Convention on the Reduction

of Statelessness of 1961 and the UN Convention on the Rights of the Child.

The right to marriage and choice of spouse

125. With reference to the twentieth periodic report (para. 111), it should be noted that new

rules on family reunification with a spouse or partner entered into force on 24 May 2017 and

1 July 2018. The former rules on family reunification entailed a condition that the spouses'

aggregate ties with Denmark must be stronger than their ties with any other country (the

attachment condition). This condition did not apply if the spouse or partner living in Denmark

1) had held a Danish citizenship for over 26 years or 2) came to Denmark as a small child or

was born and raised in Denmark and had been a legal resident in Denmark for more than 26

years (the 26-year rule).

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126. The rules that entered into force on 24 May 2017 revoked the 26-year rule as a follow

up to the European Court of Human Rights' judgment of 24 May 2016 in the case of Biao v.

Denmark (Application no. 38590/10). In the case of Biao v. Denmark the Court found that

the 28-year rule (later the 26-year rule) amounted to indirect discrimination on the basis of

ethnic origin which constituted a violation of Article 14 read in conjunction with Article 8 of

The European Convention on Human Rights.

127. The new rules that entered into force on 1 July 2018 revoked the attachment condition

and replaced it with a new integration condition. According to the new integration condition,

four out of six requirements have to be met:

the spouse or partner living in Denmark has a high proficiency in Danish,

has been employed in Denmark for 5 years or more,

or has spent 6 years or more in education in Denmark;

the family member speaks English or some Danish,

has been employed for 3 out of the preceding 5 years,

or has spent 1 year or more in education comparable to Danish higher education or

vocational training.

Family Reunification

128. In relation to concluding observation 11, the Government can inform that in January

2016, the Danish Parliament amended the Aliens Act as a response to the European

challenges with increasing numbers of refugees and migrants arriving in

–

among other

countries

–

Denmark.

129. One of the amendments postponed certain

refugees’ right to family reunification

from

1 to 3 years.

130. Under the previous regulation, family reunification would in general not be granted

to a refugee with temporary protection status, whose residence permit had not (yet) been

extended after one year.

131. The amendment postponed the access to family reunification from 1 to 3 years. The

postponement only applies to refugees with temporary protection status. It does not apply to

refugees who are granted a residence permit according to the Geneva Convention (the 1951

Convention Relating to the Status of Refugees), nor to refugees with subsidiary protection

status, who

–

due to individual circumstances

–

are at risk of the death penalty or of being

subjected to torture or inhuman or degrading treatment or punishment in case of return.

132. Consequently, the postponement only applies to asylum seekers who are entitled to

protection due to a general unstable situation in their home country at such a level of intensity

that anyone in that particular country would be in real risk of being subjected to inhuman or

degrading treatment in case of return.

133. According to the Aliens Act,

exceptions must be made in all cases, where Denmark’s

international obligations so require.

134. Consequently, Danish authorities will perform an individual assessment in each case,

ensuring that Denmark’s international obligations

are respected, and ensuring that family

reunification is granted when individual circumstances should lead to such a decision.

135. It should also be mentioned that asylum seekers may file a complaint on decisions on

refugee status and family reunification to an independent complaints board free of charge.

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136. The legal rational behind the Danish regulation is that a refugee with temporary

protection status has limited ties to Denmark, and that the expected temporary nature of their

need of protection must be taken into account when it comes to family reunification.

137.

According to section 77 of the Danish Constitutional Act “any person” shall be at

liberty to publish his ideas in print, in writing, and in speech. This involves both Danish and

foreign citizens located in Denmark. Both Danish and foreign expressions are covered by the

provision.

138. The right to freedom of peaceful assembly is protected by section 79 of the Danish

Constitutional Act. The group of persons covered by the provision is similarly not restricted

to Danish citizens.

Article 5 (E)

The right to work

139. It is the goal of the Government to increase the number of persons with other ethnic

backgrounds than Danish in employment. Since the twentieth periodic report in 2013 the

number of employed immigrants and descendants from non-Western countries has increased

from 146.000 in 2013 to 179.400 in 2016 (the latest available figure).

140. The unemployment rate among non-Western immigrants and their descendants has

decreased from 13.2 pct. in 2013 to 9.8 pct. in 2016. For persons of Danish origin, the

unemployment rate has decreased from 5.5 pct. to 3.5 pct. in the same period. In 2016, the

employment rate among non-Western immigrants and their descendants was 51.4 pct.

compared to 49.9 pct. in 2013, while for persons of Danish origin it was 75.8 pct. compared

to 73.9 pct. in 2013.

141. Compared to persons of Danish origin non-Western immigrants and their descendants

have a lower employment rate.

142. There has been an increase since 2013 in persons with non-Western origin receiving

public benefits from approximately 129.000 in 2013 to 148.000 persons in 2017.This

development can be explained by a growing number of non-Western immigrants in the

population during the period, including a large number of refugees and family reunifications

in 2015 and 2016.

143. Possible explanations to the lower employment rate among non-Western immigrants

and their descendants include factors such as a general lack of proficiency in Danish, formal

qualifications, vocational training and limited work experience and personal network. A large

share of non-Western immigrants have either no training/education or a very low level of

training/education from their home countries. Furthermore, lack of insight into the Danish

society, educational system and labour market may play a role as regards the higher

unemployment rate.

144. The Ministry of Employment continues to run campaigns, programs and monitoring

of the impact measures of the labour market policy for the most vulnerable groups. This also

includes monitoring the level of education and employment among immigrants and their

adult descendants from development countries.

145. There have been no legislative changes to the Act on Prohibition Against

Discrimination on the Labour Market etc., which prohibits discrimination on grounds of race

and ethnic origin in the relationship between an employer and an employee since the last

report concerning article 5 (e) (i) and (ii) and in relation to concluding observation 20.

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146. The Ministry of Employment follows the development in legal precedent at the

national courts in cases concerning the prohibition of differential treatment in the relation

between an employer and an employee.

147. There are no official statistics on the number of court cases about employment

discrimination, but the judgments are published and can be found in different databases.

The Board of Equal Treatment

148. The Board of Equal Treatment was established in 2009 with the purpose of dealing

with complaints related to discrimination on grounds of gender, race, colour, religion or

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

The Board of Equal Treatment replaced the Gender Equality Board and the Complaints

Committee.

149. With effect from 1 January 2016 the Board can only consider cases if the person

concerned has an individual interest in the concrete case. This means that it is not sufficient

for the complainant to belong to a group of persons who may have been discriminated against.

150. The amendment also includes granting the Danish Institute for Human Rights (DIHR)

the right to bring a complaint to the Board. This means that the DIHR has the opportunity to

file complaints to the Board on matters that are of importance to the public.

151. Whenever the Board rejects a case on the basis that the complainant does not have a

personal interest in the case, the Board notifies the DIHR and the complainant of the

competence of the DIHR.

Initiatives to strengthen integration into the labour market, 2013-2018

152. From 2016-2017, a randomized controlled trial conducted in 15 municipalities called

“JobFirst” was launched. The target group consisted of individuals older than 30 years in the

interdisciplinary rehabilitation program who had received cash assistance for more than a

year. Almost 5.000 individuals were affected by the program either in the control group or

the trial group.

153. Around 25 pct. of the participants from the cash assistance program in JobFirst were

immigrants or descendants of non-western origin. The aim of JobFirst has been two-fold:

To transfer people from social benefits to ordinary employment.

To develop and test a model for job centres to work with business oriented efforts

for vulnerable citizens.

154. Core elements are embedded in the ordinary labour market and sets out to find the

right job match for the citizen from day one. It focuses on ordinary payment from the

beginning. Internship is considered a means to an end, while ordinary payment leads to

recognition, motivation and a belief that it is possible to gain foothold in the labour market.

155. JobFirst includes close and individual support from job centre professionals to ensure

that challenges are solved along the way and help build a relationship that strengthens

motivation and progress for the participants.

156. The evaluation of JobFirst shows that the approach moves people across race, gender,

age and ethnicity from social benefits to ordinary employment. The effect for immigrants and

descendants of non-western origin are slightly higher when looking at the share that enters

ordinary employment compared to ethnic Danes after participating in JobFirst.

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157. In 2017-2019, the Government will invest USD 40,4 mio. in a programme aimed at

strengthening clarification and individual support to long-term recipients of social assistance

(“Flere skal med”). The programme

is targeted at helping long term recipients of cash

assistance (5 years or more) to gain a foothold in the labour market. 88 out of 98

municipalities have chosen to participate in the initiative.

158. The program is based on a mid-term evaluation of the project

“JobFirst”. Immigrants

and descendants of non-western origins are included as part of the target group.

Approximately 33 percent of the target group has a non-western origin (of a target group of

27,000 individuals). A mid-term review of the program will be made in 2018.

159. Core elements of

“Flere skal med”

are the assessment

of the participant’s need for

support and individual support towards the labour market to help the participant to obtain

ordinary employment if possible or, alternatively, company-oriented measures (e.g. practical

training in enterprises). When needed, the participants are offered additional interdisciplinary

measures such as social and health initiatives to help overcome challenges related to their

entry into the labour market.

160. For information on the employment and unemployment rates among 16-64-year-old

persons see Annex I.

The right to form and join trade unions

161.

According to section 78 of the Danish Constitutional Act “citizens”,

are free to form

associations. This includes not only Danish citizens but also non-citizens with residence

permit or permanent address in Denmark.

162. Furthermore, there are no restrictions in the right to form trade unions for specific

professions or types of contract according to the Constitution.

163. In Denmark, questions about freedom of association of trade unions are primarily

regulated by collective agreements. The Danish trade union system is a one-string system

and follows occupational lines and not political or religious lines.

164. Union membership is open to all, regardless of nationality and degree of employment.

The Act on Dismissal on Grounds of Union Membership regarding unlawful dismissal on

grounds of union membership offers protection.

165. A trade union may be formed without any official authorisation, and there is no

general legislation on such organisations. A union can deny membership to a person with a

different educational and occupational background than the existing members, and instead

recommend membership of another more fitting union. It is also legal to deny unemployed

membership, and a union can demand that membership of the union’s unemployment fund is

a condition for membership.

The right to housing

166. The social housing sector is one of the cornerstones in the Danish welfare system since

it guarantees low-income families, persons with minority background, mental illness and

other vulnerable groups a decent place to live. Social housing is a possibility for all persons

irrespective of ethnical background or income. As a main rule, social housing is let to tenants

through seniority-based waiting lists and every individual is entitled to be put on the waiting

lists. As of 1 January 2017, 24,7 pct. of persons living in a social housing dwelling were

immigrants from non-Western countries and their descendants.

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167. In order to ensure social housing for all kinds of vulnerable citizens, the local

municipals have an unconditioned right to dispose of 25 pct. of all vacant family dwellings

and dwellings for young persons in social housing to solve a range of social housing

problems. Thus, the local municipals can place any person or family who needs a place to

live in vacant social housing dwellings in the municipality.

168. Furthermore, the local municipalities are responsible for evaluating each individual

case for persons with special housing needs, such as persons with immigrant background. It

is therefore the responsibility of each municipal to provide the necessary social housing, and

accommodate the needs of these persons, in accordance with the Act on Social Housing etc.

169. The rent in the social housing family dwellings is relatively low due to public subsidy.

Furthermore, low-income families are entitled to individual housing benefits.

170. The social housing sector is administered by the non-profit housing associations,

which are under inspection by the local municipalities. The local municipalities grant subsidy

to the building of social housing according to the local needs and structures. The total number

of social housing units in Denmark is approximately 600.000, which amounts to

approximately 22 pct. of the total number of housing units. Approximately 492.000 of them

are family dwellings. The majority of the social housing units provide popular dwellings of

high quality with a strong community and a well-developed neighbourhood democracy,

which gives residents an influence on their neighbourhood.

The governmental policies fighting stigmatization of people living in the challenged

social housing neighbourhoods

171. Unfortunately, some of the social housing residents are caught in circles of social

problems and a high rate of unemployment, etc. During the past years, a social, ethnic and

geographical division of the housing market has developed, and it remains a challenge to

establish a mix of resourceful and vulnerable groups of persons in social housing.

Nonetheless, it is a political goal to obtain such a mix since it is considered a precondition

for a positive development in the challenged social housing neighbourhoods. These particular

neighbourhoods are characterized by a concentration of low-income families, often with

social problems. Employment rates and educational attainment are low and some of the

neighbourhoods face problems with crime and insecurity.

172. This is a problem for both children and adults. Some children lack role models in

education and work, and the adults are isolated without employment and networks outside

the neighbourhood. As a result, persons living in such neighbourhoods may find it

increasingly difficult to enjoy the same job or education opportunities as the remaining

population.

173. In order to address the problems, the municipalities and neighbourhoods have certain

options such as access to infrastructural improvements, demolition, renovation, social work

and alternative letting rules. The main objective of the Government is to reduce the number

of the challenged social housing neighbourhoods and maintain social housing as an attractive

housing option.

174. The Government is committed to integrating the isolated and challenged

neighbourhoods into society. The aim is amongst others to ensure that persons with a

minority background are not marginalized as an effect of their place of living.

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175. It is therefore a main objective for the Government to integrate these neighbourhoods

into the rest of society. One of the most important instruments with which to pursue this

objective is to give priority to for example employed persons when letting vacant dwellings

in these neighbourhoods. The government has various means to address the complex

problems characterising some social housing areas ranging from physical interventions,

strengthening of the social mix of tenants, improving the inhabitants’ ability to work and

initiatives to combat crime. During the last years, different governments in Denmark have

launched both strategies and area-based measures in order to fight the vicious circle which is

the reality in some of the challenged neighbourhoods.

Challenges with affordable housing for different vulnerable groups

176. The Government has taken different measures to provide affordable housing. The

municipality provides basic capital loans that cover 10 percent of the acquisition costs.

177. It has been agreed to reduce the local basic capital from 14 to 10 percent of the

acquisition costs in 2019 and 2020. To promote affordable and smaller dwellings for groups

in need of more affordable housing, the basic capital will depend on the average size of the

dwellings. The size of the basic capital loan is of major significance to the scale of operations

and is used as an overall management tool. On this basis it is expected that the municipalities

will grant subsidies to the construction of smaller and more affordable public housing in 2019

and 2020.

178. From 1 January 2014 until 31 December 2017, approx. 9,000 social housing family

dwellings have been constructed or are under construction. The rent in the social housing

family dwellings is kept relatively low due to strains on acquisitions costs and the public

subsidy described above.

179. For the municipalities to be able to handle the high demand for housing, it was decided

that a state funding amounting to 640 mill. DKK (or approx. USD 97 mio.) was allocated as

a special case of state funding for affordable, small family dwellings, which could be reserved

for refugees. With this funding, it was possible to establish upwards of 10,000 new dwellings.

The municipalities have assessed the need and issued grants for around 3.200 new dwellings.

180. The Government has in 2017 established a network of free municipalities regarding

affordable housing and flexible housing solutions.

181. The network has been established as a wish from the Government to include the

experiences of the municipalities in an effort to provide affordable housing for e.g. homeless

persons, socially vulnerable citizens. In 2020 an evaluation of the trials will be conducted,

including an evaluation of how or if the trials can be included in the housing legislation.

The right to public health, medical care, social security and social services

182. Denmark has a public tax-financed healthcare system. All residents in Denmark have

access to public healthcare services free of charge, e.g. hospital treatment, services in the

primary health care sector, i.e. treatment by GP’s and specialist

practitioners, and municipal

health services such as home nursing and dental care to children and youths under the age of

18. All persons under temporary stay in Denmark are entitled to free emergency hospital

treatment in case of accident, sudden illness and birth or aggravation of chronic disease etc.

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183. All persons under temporary stay in Denmark, incl. persons with a Roma background,

are entitled to free emergency hospital treatment in case of accident, sudden illness and birth

or aggravation of chronic disease etc. The hospital may charge payment for a non-emergency

hospital treatment in cases, where it is not considered reasonable to refer the person to

treatment in his or her home country. The treatment may, however, be given free of charge

in cases, where the region considers it reasonable.ⁱ

184. The access to healthcare in Denmark is defined not by ethnicity but by a medical

assessment of the patient’s current need for treatment. Assistance to persons with a Roma

background is thus deemed fully feasible within the current framework for health care

provision to persons with permanent or temporary residence in Denmark.

Right to interpretation in the health-care system

185. According to section 50 of the Health Act, all residents with a right to free treatment

at hospitals, by general practitioners or by specialists have a right to interpretation when a

doctor finds that interpretation is necessary for the treatment.

186.

With the primary aim of enhancing foreigner’s incentive to learn Danish, new rules

of interpretation fees came into force on 1 July 2018. According to section 50, para 2 in the

Health Act, patients who have a need for interpretation, and who have lived in Denmark for

more than three years, are charged with a fee for the interpretation service provided for by

the Danish health authorities. The following groups of patients are not charged with a fee for

interpretation:

patients who due to psychological or physical reduced functional capacity have lost

their ability to speak and/or comprehend the Danish language

children who are not accompanied by their parents

parents with a need for interpretation in connection with the treatment of their child

patients belonging to the German minority in Denmark with a need for interpretation

of the German language

187. Any patients with a need for interpretation of the Greenlandic or Faroese language are

not charged with a fee for the interpretation service.

188. In continuation of the enactment of the interpretation fees rules the Government is

now working on a new certification system for interpreters to enhance and ensure the quality

of the provided interpretation services.

189. It is always the doctor who decides whether an interpreter should be present in order

to provide the treatment. Doctors are obliged to inform the patient about the illness, the

possibility of treatment, the side effects, etc., with a view to gaining the patient’s consent

the treatment

–

the so-called

“informed consent”. Therefore, the doctor must always ensure

that the patient understands the information given. If interpretation is considered necessary,

the doctor must call for an interpreter.

The Danish government has introduced a bill to the Parliament that non-residents in Denmark will be charged

payment for emergency hospital treatment, he or she may receive under temporary stay in Denmark. These persons

will also be charged payment for non-emergency hospital treatment in cases, where it is not considered reasonable

to refer the person to treatment in his or her home country. The bill will not change the fact that the treatments can

still be provided free of charge, when the region considers it reasonable. However, in case of emergency no persons

will be denied hospital treatment in the public healthcare system with reference to payment claims.

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190. Children should not act as interpreters, for instance for their parents, in situations

where it will be problematic due to

the interests of the child or to the adult’s right to privacy

in the communication with the doctor. Therefore, children under the age of 18 cannot act as

interpreters in the health care-system according to Danish law, unless it is necessary in a life-

threatening emergency situation. Children at the age of 15 or more can also act as interpreters,

if the health care professional in charge of the treatment considers the case to be

unproblematic and uncomplicated.

Children and young persons with special needs

191. According to the Danish health legislation, all primary health care nurses should pay

attention to children and young persons with special needs, including families with a non-

Danish ethnic background, if there are signs of failure to thrive

–

a term which in Danish,

besides health and growth parameters, includes social and personal circumstances.

192. For all children under one year of age, the nurse offers home-visits as well as extra

visits if there is concern as to the child’s health and development and

if circumstances within

the family demands extra attention. The primary health care nurse cooperates with the general

practitioner and the social welfare department. During the period in which children and young

persons attend school, the primary health-care nurse offers regular health dialogues with all

children and in this setting extra attention is given to children with special needs.

Ethnic minorities and HIV/AIDS

193. In Denmark, all persons have equal access to prevention, treatment, care and support

in relation to HIV/AIDS. An important element of the Danish AIDS policy is to avoid any

form of discrimination. Information and motivation are essential elements in the AIDS-

policy. The number of diagnosed new HIV-cases has stabilised in Denmark in recent years

and today amounts to about 250 cases a year. In 2016, 244 cases were reported, 182 of whom

were newly diagnosed and 62 had previously been diagnosed in other countries, including 11

Danish-born. Of the 182 new cases, 70 (42%) were immigrants.

194. The Danish AIDS Foundation runs Checkpoint testing clinics in the three largest cities

and provides testing and counselling on an individual basis as well as in groups. Some of the

counsellors have a special focus on ethnic minorities and collaborate with partners involved

in both health and professional aspects and financial assistance, while the community-based

organisations contribute with their knowledge on specific, cultural and linguistic matters

related to all the phases of the activities. The "cross over" project under the Danish AIDS

Foundation has as its task to place HIV/AIDS issues on the agenda in the communities and

has, thus contributed significantly to the change from top-down preventive efforts to a more

participatory approach. This participatory approach has highly increased the HIV/AIDS-

preventive activities in the ethnic communities.

195. The Checkpoint clinics have special campaigns and services targeting the immigrant

community with HIV-testing and counselling both inside and outside the clinical settings

performed by peers. The availability of testing, counselling and linkage to care in such a

community based setting, provides a secure

–

and easy to reach environment and the number

of visits is increasing also among immigrants. However, heavy stigma is still associated with

HIV/AIDS among ethnic minorities, and The Danish AIDS Foundation continues to pursue

new approaches to penetrate those communities hardest to reach, for example sex workers

and Arab and African migrants.

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The right to education and training

196. In response to concluding observation 14 it can be noted, that asylum-seeking children

of school age are, like other children in Denmark, subject to compulsory school attendance.

According to section 42 g of the Aliens Act, asylum-seeking children of school age must

participate in separately arranged tuition or in tuition equivalent to the general requirements

for separately arranged tuition.

197. The details of this rule are regulated in the Executive Order on Education and

Activation, etc., of asylum-seekers and others.

198. It is the operators of the accommodation centres who are responsible for providing

tuition to asylum-seeking children. The content of the tuition must be equivalent to tuition

received by bilingual pupils in the Danish public school. In practice, asylum seekers of school

age are taught either at a school at the asylum centres or in the local public school.

199. According to section 13 in in the Executive Order on Education and Activation, etc.

of asylum-seekers and others, asylum-seeking children can be accepted in Danish public

schools. The admission requires approval from the local municipality.

200. The operator of the accommodation centres can request for admission to a public

school, if the child in question is accommodated privately outside the asylum centres, and

there is not any lodging facility offering training within a reasonable distance, if teaching at

the public school in special cases will be of benefit to the child or if the accommodation

centre does not offer separate arranged tuition.

201. As of 1 February 2018, out of the 889 asylum-seeking children accommodated, 239

attended a school run by the accommodation operator, 635 were enrolled in a Danish public

school, 10 attended a private school or received special tuition and 5 children were in the

process of determining which option would be the best solution to match their needs.

The public primary and lower secondary school

202. A key goal within the education system continues to be equal opportunities for all

children irrespective of their race or ethnic background. In order to improve the public school,

and thereby also help children with an ethnic minority background succeed in the education

system, Denmark has taken a number of measures, which are described below. These efforts

seek to provide adequate support to bilingual students to help them overcome any language

barriers to full and equal participation in the school system.

203. Despite these efforts, children with an ethnic minority background on average

continue to have lower academic results than their peers with a majority background in

literacy, mathematics and science. In PISA (the Programme for International Student

Assessment of the OECD) from 2015, 1st and 2nd generation immigrant students score 441

points in science whilst students with majority background on average score 510. Also in

reading and mathematics, students with majority background score significantly higher than

students with ethnic minority background.

204. However, since PISA 2012, especially 1st generation immigrant students have

improved their results so that in 2015 they are level with 2nd generation immigrant students

in mathematics, literacy and science. Furthermore, the gap between 1st generation immigrant

students and students without immigrant background has been reduced.

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205. The efforts of schools in addressing the challenges of children with an immigrant

background seem to have positive effects, but common to both 1st and 2nd generation

immigrant students is that the socioeconomic background explains some of the reasons why

the students do not have the same skills as students without an immigrant background. But

the social background explains only part of the difference. Earlier PISA studies have shown

that the differences in results between students with and without immigrant background can

be explained by language barriers. Students with an immigrant background, where the

language at home is Danish, perform better in the three domains than students, where another

language is spoken at home.

206. The PISA 2015 showed that 1st generation immigrant students have a greater joy,

interest and motivation for science than students with a majority background. But 2nd

generation immigrant students have significantly lower self-efficacy in relation to science,

which can lead to diminution of students belief in his or her capacity to execute behaviours

necessary to produce specific performance attainments. Still, the results are a cause for

concern and the Ministry of Education is continually striving to identify areas where the

efforts need to be further strengthened. It is a central focus area to ensure that bilingual

students have sufficient skills in reading and acquiring knowledge in Danish. Bilingual

students typically develop good competencies in the everyday language, but a developed

language connected to subjects in education is necessary to succeed within the education

system.

General measures to improve the quality of education

207. The evaluations and studies carried out identify a number of challenges and areas

where further efforts are required, including better support for the implementation of the

framework for language development, making better use of the resources of ethnic minority

parents, greater consistency of support for minority students and stronger support for an

appreciative approach towards diversity. As well as strengthening monitoring and evaluation

at all levels of the system to ensure that migrant education policies are implemented and

effective. A number of initiatives have been taken to address these needs.

208. The most important element in the effort for improving the results of ethnic minority

children is the overall quality of the school system. In order to strengthen this, the

Government reformed the public primary and lower secondary school with effect from 2014.

The central aims are, inter alia, creating a school that better helps all students achieve their

full potential and to reduce the impact of social background on academic results. In addition,

the reform emphasized creating a more inclusive school with room for everyone, ethnic

minority children included.

209. Furthermore, in 2017-2020 500 million DKK (or approx. USD 77 mio.) have been

earmarked to efforts across 120 schools in Denmark, which have the highest share of

academically challenged pupils. As part of the pool, the Ministry of Education has established

a three-year program with a specific focus on supporting schools in their efforts to launch

targeted efforts to lift the especially challenged students.

210. The Quality Supervision Authority (located within the Danish Ministry of Education)

aims to identify schools with sustained quality challenges. If a screening based on selected

quality indicators and a concrete analysis of the individual school's screening results show

signs of persistent quality challenges with teaching at school, the board initiates dialogue

with the responsible municipal council. Supervision can lead to the Minister of Education’s

instructing the municipal council to draw up an action plan and / or to contact the learning

consultants to improve the academic level at the school.

211. In 2018 the Government as part of the political agreement to strengthen the efforts

against ‘parallel societies’

(see para 37-40) the Government decided to:

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Strengthen pupils' language in schools with 30 pct. or more children residing in

residential areas that have been on the list of exposed housing areas in the last three

years. A total of 32 million DKK (or approx. USD 4,57 mio.) has been allocated to

the initiative.

Strengthen parental responsibility. If children in primary and lower secondary

schools have more than 15 pct. illegal absence in a quarter, certain efforts to respond

early to students’ absence in school have been introduced.

Increase sanctions against schools with poor results. The Ministry of Education can

issue orders to the municipality and ultimately close schools that continuously

deliver poor academic results.

Specific interventions for ethnic minorities

212. In addition to the overall measures to improve the school system, a number of

regulations and initiatives aim specifically at addressing the challenges faced by bilingual

children.

213. In primary and lower secondary school, bilingual children in need of language support

have the right to receive instruction in Danish as a second language. The subjects for bilingual

students are ‘Danish as a second language basic’ and ‘Danish as a second language

supplementary’. These are both independent subjects on the same level as any other subjects

in school. Each subject is bound by a national description of the specific subject (Common

objectives). It is the responsibility of the school leader to assess and decide

–

with due

involvement of expert assistance and in cooperation with the students family

–

if a student

needs language support, and how this language support is to be given.

214. The Ministry of Education has a corpse of learning consultants who support

challenged schools and schools that are under supervision. The support is given by facilitating

knowledge-based and practice-orientated guidance, courses and networking. The guidance

areas of the learning consultants include, amongst others, bilingual children.

215. The Ministry of Education offers national tests in Danish as a second language aimed

at mapping the linguistic competences and potential of bilingual children in order to aid the

teachers support in the language development of the child in the instruction in all subjects.

These tests are voluntary.

216. In 2014 language goals and language development were written into all school

subjects on a national level. This emphasizes the importance of simultaneous linguistic and

academic development, giving the teacher the responsibility for both the academic and

linguistic development of the pupil. These language goals apply for both bilingual and non-

bilingual children.

217.

The Ministry of Education offers the screening material "Around the pupils’

competences" which helps establish bilingual pupils’ academic level in their mother tongue

thereby giving teachers a better platform for integrating the pupil into general education and

organizing teaching that builds on the pupils’ qualifications.

218. The Ministry of Education also provides materials for assisting teachers in the

language development of their students. These are available on

the ministry’s online portal

Emu.dk.

219. In 2016 the legislation for the receiving of refugees was changed to provide a better

and more flexible framework. The change provides municipalities with the opportunity to

establish special primary education to certain foreign children and young people (i.e. students

with traumatic experiences, or students with no parents).

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Preparatory Basic Education

220. In October 2017, a political agreement in the Parliament was reached on the

establishment of a new preparatory basic education and training. The aim is to support a

larger amount of young people below the age of 25 to proceed into the labour market, into

upper secondary school or into vocational education and training. In the group of young

people without attachment to education or the labour market, 12.3 pct. has another origin

than Danish. The new education structure will pay a particular linguistic attention to this

group, and Danish as a second language will be included in the course of the program.

Vocational and Educational training

221. Students in Vocational and Educational Training have an apprenticeship contract at

the labour market, where they learn about behaviour with colleagues, regardless of culture,

religion, sex and ethnicity.

General Upper Secondary Education

222. The Ministry of Education is working on introducing a number of recommendations

regarding how democratic values in education and citizenship can play a greater role in

general and vocational upper secondary education.

223.

The recommendations will be based upon the following key points:

Knowledge of democratic values and citizenship

Accepting basic democratic values, rights and duties

Participation in formal and informal democratic processes

Respect and tolerance for the individual’s rights.

224. The recommendations could be realized through clarification in the curriculum, new

teaching material on the subject etc.

Teacher training

225. In 2012, a political agreement was reached concerning a reform of teacher training.

The reform will ensure that teachers in all subjects will be better prepared to meet the needs

of bilingual pupils. Teaching bilingual pupils, including knowledge of teaching Danish as a

second language, thus becomes one of four topics in the mandatory pedagogical subject with

a separate learning goal forming part of the exam. Teaching bilingual children will also be a

cross-cutting theme in the other subjects.

226. In addition, teacher training institutions will have the possibility of offering the

students to acquire specialist competences in Danish as a second language. The reformed

teacher training is now undergoing an evaluation. The evaluation is expected to be completed

at the end of 2018. The outcome of the evaluation will be a basis for possible adjustments of

the teacher training program.

The right to equal participation in cultural activities

227. The legislation and institutional infrastructure in the field of culture and the general

objectives of Danish cultural policy are based on the principle of freedom of expression

aimed at offering and encouraging everyone living in or visiting Denmark to take an active

part in cultural life in its broadest sense. Different policy measures have been taken to secure

equal access to and participation in cultural activities for everyone living in Denmark.

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228. The general measures to achieve this include: decentralization, information

technologies and digitizing, copyright and collective licenses and audience development. The

public funding system has secured that Denmark is geographically covered with a broad

variety of cultural institutions such as museums, theatres, orchestras, venues, libraries, music

schools for children and young people, facilitating access to culture for everybody.

229. The cultural policy measures apply to everyone living in Denmark irrespective of

ethnic, religious, linguistic or other background.

230. Among the recipients of national grants for culture in Denmark are people from

diverse ethnic backgrounds as well projects about cultural diversity or projects that are

specifically aimed at people from ethnic minorities. The grants are mainly provided through

the Danish Arts Foundation and are primarily distributed based on artistic quality and talent.

One example is the performing arts initiative C:NTACT that involves young people from

different ethnic backgrounds in theatre performances about their own personal story and

background giving them a unique platform for sharing their experiences with a wider

audience.

231. Particularly for children and adolescents measures have been taken to strengthen their

participation in cultural activities by obliging the Danish elementary schools to cooperate

with local cultural stakeholders. In December 2013 the Parliament decided on a reform of the

Danish Elementary School where the initiative “The Open School” obliged

elementary

schools to enter into cooperation with music schools as well as local volunteer and cultural

organisations. Through these measures a far wider group of children and adolescents will

engage and participate in cultural activities than otherwise, and this includes children which

would not or could not seek out cultural activities on their own.

232. In an effort to engage more children and adolescents in vulnerable residential areas in

art, artistic expression and other cultural activities the Government has decided to fund new

collaborations between local citizens, stakeholders within the social housing and cultural

sector as well as organisers of cultural activities. Engaging in art and artistic expression can

be a way to empower, build bridges and create trust among people and break down parallel

societies.

233.

In order to support the German minority’s ability to produce and distribute

audio-

visual material, such as podcasts and internet based material, the Government has from 2019-

2021 allocated extra funding

to the German minority’s newspaper, Der Nordschleswiger. The

funds are earmarked for digital communication and dissemination for Der Nordschleswiger

to the German minority.

234. Besides the abovementioned, work is ongoing in the associations of general education,

sports associations and cultural institutions to ensure that there are platforms for intercultural

meetings between the different cultures that exist at all levels of Danish society.

Article 5 (II)

Rejected asylum seekers

235. If an asylum seeker receives a final rejection, he or she is accommodated at return

centre Avnstrup, and as a rule he or she must leave Denmark within seven days. The

authorities will take into consideration if an asylum seeker is suffering from an acute illness,

is in an advanced stage of pregnancy or has given birth shortly before the final decision. A

final rejection means that an asylum seeker does not have any more avenues of appeal

available.

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236. An asylum seeker who has received a final rejection can apply for a temporary

residence permit if the return of the alien has not been possible for at least 18 months, the

alien has cooperated in the return efforts for 18 months consecutively, and the return is

considered futile according to the information available at the time.

Aliens whose residence permit has been revoked or has lapsed

237. A residence permit may be revoked if the basis of the application or the residence

permit was incorrect or is no longer present, the alien has obtained his or her residence permit

by fraud, information has been provided on circumstances that would exclude the alien from

a residence permit or the alien has travelled back to his or her country of origin.

238. A residence permit lapses when the alien gives up his residence in Denmark and takes

up residence in his or her country of origin or has been granted protection in another country.

Aliens expelled due to crime

239. An alien who has been convicted of a serious crime can be expelled from Denmark

and will thereby lose his or her residence permit.

Voluntary return

240. Rejected asylum seekers, aliens whose residence permits have been revoked or has

lapsed, and aliens expelled due to crime are no longer residing in Denmark legally and must

therefore leave the country.

241. Aliens that fulfil certain national legal requirements and who cooperate fully with

Danish police on a voluntary return, are eligible to receive a reintegration package consisting

of pre-departure counselling, counselling upon return as well as material support in re-

establishing a life once back in the country of return.

242. Denmark is currently making such reintegration packages available through the

European Return and Reintegration Network (ERRIN) in 11 countries; Afghanistan,

Bangladesh, Ghana, Iraq, Morocco, Nigeria, Pakistan, Sri Lanka, Ethiopia, Somalia and

Nepal.

243. Denmark is further making reintegration packages available through the European

Reintegration Support Organizations (ERSO) in 31 countries Angola, Armenia, Benin,

Bolivia, Brazil, Burkina Faso, Cameroon, Colombia, Cote d’Ivorie, Democratic Republic

Congo, Ecuador, Georgia, Guinea Conakry, India, Kenya, Kyrgyzstan, Lebanon, Malawi,

Mongolia, Niger, Paraguay, Peru, Philippines, Russia, Rwanda, Senegal, Sierra Leone,

Tajikistan, Togo, Uganda and Ukraine.

244. In general all aliens who have lost their residence permit are able to return to their

country of origin if they cooperate on their return.

Forced return

245. If the alien does not return voluntarily, the Danish authorities will carefully plan a

forced return operation. The return procedure is handled by the Danish National Police. The

return procedure is carefully planned in corporation with the receiving country. In this way,

the forced return can be managed in a dignified and proper manner.

246. The cooperation with the home countries includes issuing travel documents and

identification of the alien. The costs of forced returns are in general covered by the

Government, or if the alien has sufficient funds, by the alien him- or herself.

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247. If it is not possible to return the alien, the alien will be obliged to reside at one of two

departure centres

–

Kærshovedgård or Sjælsmark

–

depending on whether they are single

men, single women or families. In addition, the aliens must report at the departure centre

three times a week. The Danish Immigration Service and the Danish Police will monitor

whether the measures are complied with by the alien.

248. When violating the above mentioned injunctions The Danish Immigration Service

will decide to deprive the alien his or hers cash benefits.

249. Finally, if the above mentioned injunctions are not sufficient to ensure the alien's

presence, the police may order that the alien is to be deprived of his or hers liberty.

Tolerated stay

250. An alien resides in Denmark on tolerated stay if the alien is excluded from obtaining

a residence permit or if the alien has lost his or hers already obtained residence permit on the

grounds of crime etc., but meets the conditions for asylum, and therefore cannot be returned

to the country of origin due to the principle of non-refoulement.

251.

This group of aliens include:

Aliens who are considered to be a risk to the state's safety.

Refugees and asylum seekers who are expelled for committing a serious crime

committed in Denmark.

Aliens that are excluded from obtaining a residence permit according to article 1F

of the UN refugee Convention.

252. These individuals are thus excluded from being granted a residence permit in

Denmark. There is no maximum length of a tolerated stay, but the authorities must at least

every 6 month review if the basis for the decision regarding the tolerated stay is still present.

253. Aliens on tolerated stay are subjects to various restrictions such as taking residence at

a return centre, Kærshovedgård, they must give notice if they intend to stay outside the return

centre between 23.00 and 06.00, and they are required to report to the police daily. After a

period of time these restrictions can be repealed due to specific circumstances.

254. Furthermore, aliens on tolerated stay are not allowed to work and do not have a right

to education apart from shorter courses.

Article 6

Effective protection and remedies

255. In relation to concluding observation 17 the Government can inform, that the Board

of Equal Treatment which was established in 2009 continues to deal with concrete complaints

related to discrimination including on the grounds of race and ethnic origin. The Board may

award compensation. In 2017, the Board received 294 complaints of which the majority

related to gender, disability and age and only a small number related to race and ethnic origin

(app. 44 cases). In 2017 the Board decided in favour of the complainant in 26 out of the

44 cases. The Board handles written complaints. A complaint may be rejected if an oral

testimony is necessary in order to reach a decision. In such cases the complainant can choose

to start legal proceedings at the judicial courts.

CERD/C/DNK/22-24

256.

The Board has a website with information on the Board’s activities, including

information on the complaint procedure, as well as access to subscribe to a newsletter with

information on decisions taken by the Board. Further, the Board produces regular newsletters

with information on decisions deemed to have a broader public interest. The Board is

currently producing a leaflet with information on how to lodge complaint with the Board.

The leaflet will be distributed to public institutions with open access to the public.

257. The Danish Institute for Human Rights provides advice to people who feel

discriminated against including on grounds of race and ethnic origin. The Institute may help

lodging a complaint with the Board of Equal Treatment.

258.

Reference is also made to the remarks in the present report para 148-151.

The Danish Mediation and Complaints-handling Institution for Responsible Business

Conduct

259. Denmark has in accordance with international obligations provided a national contact

point dealing with the OECD Guidelines for Multinational Enterprises and UN Guiding

Principles on Business and Human Rights, the so-called Mediation and complaints-handling

institution for responsible business conduct.

260. The Danish mediation and complaints-handling institution for responsible business

conduct is established by law in 2012 and deals with specific instances involving potential

non-compliance of international CSR guidelines, including human rights violations, e.g.

racial discrimination, by Danish private or public companies, Danish authorities, Danish

private or public organizations and their business associates. The institution is an independent

body within the public administration.

261. Any person may bring a complaint before the mediation and complaints-handling

institution on their own behalf, or that of a third party. The institution can facilitate mediation

between the parties for them to find a solution and even offer to mediate. The institution has

a mandate to initiate its own investigations if it deems it necessary.

262. Furthermore, the institution will assist Danish companies in their endeavour to comply

with international CSR guidelines by providing interpretations and guidance.

Focus on increasing the inclination to report hate crimes

263. The Danish National Police has a strong focus on increasing the inclination to report

hate crimes amongst victims of hate crimes. The Danish National Police is therefore in

collaboration with relevant civil society organisations planning to launch a video on social

media with information concerning the importance of reporting hate crimes to the police.

264.

Reference is also made to para 101 of this report.

265. The Danish National Police is aware that especially victims of foreign origin need

basic information about Danish legislation and how to report and proceed for instance a case

concerning hate crime. Therefore the Danish National Police has taken steps to visit mosques

and asylum centres among others to clarify and inform how to contact the local police. The

Danish National Police acknowledges the importance of creating a stable and trustworthy

relationship between police officers and victims of hate crimes.

266. The Danish National Police makes an effort to meet vulnerable groups of people in

the Danish society and to inform about the Danish police and the measures and legislation

Danish police works under

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267. Twice a year the Danish National Police performs education and training for police

officers where the subject exclusively concerns hate crimes. Furthermore, the Danish

National Police monitors hate crimes on a national level and data of this work generates

Danish National Police`s annual report on hate crimes. Here new tendencies, developments,

etc. are specified. This gives a thorough knowledge and is a way for the Danish National

Police to follow up on any critical issue and development regarding hate crimes.

Ombudsman

268. Denmark attaches great importance to combatting discrimination. This is also

reflected in Danish law. Thus, according to administrative law, all citizens are equal before

the law and public authorities may not discriminate citizens on any ground.

269. The Ombudsman in Denmark is an independent authority elected by the Parliament

with the authority to investigate any administrative action within the Public administration

and within the local government administration. The Ombudsman can conduct an

investigation either on the basis of a complaint from an individual affected by a certain

administrative action or on his own initiative.

270. As a general rule, the Ombudsman only considers cases in which all national remedies

have been exhausted.

271. The Ombudsman is not empowered to hand down binding decisions regarding the

subject matter of a case, and he cannot sentence an authority or apply any kind of sanction.

The types of remedies at his disposal are that he can express criticism, make

recommendations and otherwise state his view of the case. If the Ombudsman concludes that

an administrative authority has made an error, he may criticize the authority and possibly

recommend that the authority reconsiders the case and makes a new decision. In practice, the

Ombudsman has great influence on the administration conducted by the public authorities.

272. The functioning of the Ombudsman is further described in the Core Document para.

152-158.

Article 7

Education and Teaching

273. The Danish society is based on the foundation that we are all equal, and discrimination

is prohibited by law. The Executive Order of the Ethnic Equal Treatment Act has the purpose

to prevent discrimination and to promote equal treatment of all, irrespective of racial or ethnic

origin in day-care, in schools, in educational institutions and in the labour market.

274. In the Danish public school (primary and lower secondary level), the binding

Common Goals for social studies and religion require that the students are to be taught about

the identity of the group, the significance of culture and different religions, as well as their

relationships to society.

275. The Ministry of Education offers course materials and guides on how to educate

students on issues of discrimination and stigmatization of particular groups in society on the

online learning platform EMU. Furthermore the platform offers course materials and tools to

address topics and themes such as the cross-cutting international dimension of education,

including tolerance, citizenship, human rights and other elements related to reducing racism

and stereotyping and to promoting empathy and conflict resolution.

276. In 2017 the Ministry of Education and the Danish National Commission for UNESCO

published a Danish version of the UNESCO pedagogical guide about teaching about global

citizenship (2015), Global Citizenship Education: Topics and Learning Objectives. The guide

proposes relevant themes and learning objectives that can be translated into practice.

CERD/C/DNK/22-24

277. The latest International Civic and Citizenship Education Study (ICCS) from 2016

carried out by The International Association for the Evaluation of Educational Achievement

(IEA), shows that Danish 8th grade pupils have the best understanding of politics, democracy

and social relations for example in understanding democratic principles and identifying

problems and propose solutions to conflicts. Danish pupils are the pupils who experience the

most open classroom with regard to freedom of speech and discussion, and the Danish pupils

are among the pupils who have the greatest confidence in other people. At the same time

pupils with immigrant background in Denmark are performing better than the average pupils

in the ICCS study.

278. In 2017 the Ministry of Education launched an initiative aimed at preventing

radicalization and negative social control among children and young people in day care,

schools, after-school recreation centres and care, as well as upper secondary education. The

effort includes training of teachers and pedagogical staff, development of materials as well

as support in development courses. The purpose of the project is to strengthen resilience of

children and young people to extreme attitudes and movements as well as against negative

social control. In addition, efforts are directed at creating a solid knowledge base and to

support the dissemination of knowledge about how early preventive action against

radicalization and negative social control can be organized within the Danish education

system.

279. To promote democratic values and fight prejudice the Minister of Education in 2017

appointed an expert group, whose task is was to provide recommendations for educational

institutions on how democratic values in education and citizenship can play a greater role in

general and vocational upper secondary education. In March 2018 the expert group presented

their recommendations. The expert group has among other things recommended the

education institutions to incorporate rules on democratic behaviour and citizenship in the

rules of conduct and study, and be clearer about their values. The expert group also

recommends the schools to work more actively to get the students to participate in democratic

processes at the school and to create respect and tolerance for the individual by means of

diverse and inclusive communities.

CERD/C/DNK/22-24

III

Reporting on Greenland

Part I

280. Reference is made to the twentieth periodic report, Annex

1, “Reporting on

Greenland”

and the Core Document.

Part II

Article 1

281.

Reference is made to Annex I, part II, para. 2-3 in the twentieth periodic report.

282. By 1 July 2018 the total population in Greenland amounted to 56,025; 89,8 pct. born

in Greenland and 10,2 pct. born outside Greenland.

283. Specifically regarding recommendation 21 in the concluding observations, it is to be

noted that Greenland continuously seeks to promote and protect the rights of Indigenous

Peoples. In this regard reference is made to Inatsisartut Act No. 7 of 19 May 2010 on

Language Policy, which acknowledges Greenlandic as the official language, but consisting

of three main dialects spoken in East and West Greenland and in Thule, hereby

acknowledging some of the differences between the Indigenous Peoples in Greenland.

Reference can also be made to para. 243-248 in the Core Document.

Article 2

284. Discrimination on the basis of race, etc., is punishable according to section 100 of the

Greenland Criminal Code (Act No. 306 of 30 April 2008) which entered into force on

1 January 2010.

285. During the period 2013-2017 one case concerning violation of section 100 of the

Greenland Criminal Code has been recorded. The case resulted in a warning.

286. At the autumn 2018 session of the Greenland Parliament the Government of

Greenland presented a new Parliament Bill concerning the establishment of Greenland’s

Human Rights Council to replace the existing act. The new act does not change the purpose

or the cooperation with the Danish Institute for Human Rights. The new act though secures

the Arm's length principle by making the Council even more independent by giving the

Council its own secretariat and independent budget competence, including the opportunity to

seek private funding. To promote the knowledge and capacity building concerning human

rights the Council will arrange annual interest meetings

287. Specifically regarding recommendation 19 a in the concluding observations on

adopting relevant legislation on racial discrimination, reference is made to para. 342-346 in

the Core Document forming part of the reports of States parties

–

Denmark, regarding the

general framework for the protection and promotion of human rights in Greenland. In regards

to the concluding observation on establishing a competent body to deal with complaints of

discrimination based on race, colour, ethnic or national origin, it should be noted that such a

body has not yet been established in Greenland. There is however access to try cases on

discrimination in the judicial system and through the Ombudsman. In this regard reference

can also be made to para. 342-346 in the Core Document.

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Article 3

288.

The Danish Act No. 289 of 9 June 1971 on Prohibition against Discrimination on the

Basis of Race applies to Greenland according to Royal Order No. 27 of 4 February 1972.

289. The principles in the guidelines issued by the Director of Public Prosecution in

Instruction No. 2/2011 as described in the present report under article 4, are followed by the

Chief Constable of Greenland.

290. Reference is also made to para. 342-346 in the Core Document regarding the general

framework for the protection of human rights in Greenland and to para. 291 below concerning

the Greenlandic justice system.

Article 4

291. It should be noted that the Greenlandic justice system continues to lie within the

competence of Denmark.

292.

Reference is made to para. 290 above.

Article 5

293.

Reference is made to Annex I, part II, para. 9-10 in the twentieth periodic report.

294. Reference is made to Annex I, part II, para. 11-12 in the twentieth periodic. Since the

Act on improving the legally fatherless’ legal status entered into force (June 2014), an

information

campaign has been carried out on the legally fatherless citizens’ rights and their

options for receiving legal aid and psychological treatment. Based on the Danish Parliament’s

Greenland Committee's invitation to the Government on further initiatives, The Ministry for

Children and Social Affairs, in collaboration with the Ministry of Social Affairs and Justice

in Greenland, have drafted the report: "The human impact of being legally fatherless".

295. Based on the recommendations from the report, The Ministry for Children and Social

Affairs has been in dialogue with the Ministry of Social Affairs and Justice in Greenland

and discussed the implementation of further initiatives aimed at the legally fatherless. The

initiatives consists of several different projects, including a renewed information campaign

about the legally fatherless citizens’ rights and their options for receiving legal aid and

psychological treatment.

296. Reference is also made to para. 342-346 in the Core Document regarding the general

framework for the protection of human rights in Greenland.

297.

Reference is made to para. 291 above.

Article 6

298.

Reference is made to para. 290 above.

Article 7

299. The Greenland Parliament Act No. 15 of 3 December 2012 on primary and lower

secondary education is based on a policy of integration between Greenlandic-speaking and

Danish-speaking pupils. The principle of non-discrimination on the basis of race, etc., is a

part of the curriculum.

300.

Reference is also made to Annex I, part II, para. 14 in the twentieth periodic report.

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Part I

Reporting on the Faroe Islands

301. Reference is made to the twentieth periodic report, Annex

II, “Reporting on

the Faroe

Islands” and to the Core Document.

Part II

Article 1

302. The total population of the Faroes primo January 2018 was 50,498 of which 1,269

were non-Nordic citizens representing 95 countries and accounting for 2,5 pct. of the total

population. The Philippines, Thailand, Romania, Poland, and Serbia and Montenegro are the

top five largest groups represented in the Faroe Islands.

Article 2

303. As for the recommendation regarding the mandate of the Danish Institute for Human

Rights, the Faroese Government considers that conferring the mandate to the Danish Human

Rights Institute to monitor human rights in the Faroes would not be in line with the political

aim of taking full responsibility for areas that affect the daily lives of Faroese citizens. The

Minister of Foreign Affairs and Trade therefore appointed a task force to examine and make

recommendations on NHRI models that could fit the Faroese society. The task force handed

in its report and recommendations in May 2017, however, hitherto the Government has not

taken a position vis-à-vis these recommendations.

304. The implementation of the action plan aimed at preventing and combating domestic

violence as reported of in the 2013 report was carried out according to the plan and concluded

in 2017. The action plan also included initiatives aimed at foreign women living in the Faroe

Islands. The overall plan is currently being evaluated and considerations are being made as

to what the next follow-up step should be.

305. The number of foreign women seeking assistance from the Crisis Centre in Tórshavn

remains relatively high. As part of the abovementioned action plan against domestic violence

a booklet especially aimed at foreigners and containing information in several languages on

their basic rights and obligations/duties in Faroese society was produced. Particular focus

was made on providing information on where foreigners can seek assistance, if they have

been victims of violence. The booklet was well received by the foreign communities and has

been reprinted twice since.

306. In the summer of 2018 a new campaign against hate speech was launched in the Faroe

Islands. The campaign is carried out in cooperation between the Faroese police, Amnesty

International Faroe Islands, the Public Health Board and the Ministry of Social Affairs. The

campaign, which also focuses on racist hate speech, is not limited time-wise and will

therefore continue for an indefinite period of time.

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Article 4

307. No cases of violation of section 266 b of the Faroese Criminal Code, which is similar

to that in the Danish Criminal Code and violation of the Action the Prohibition of

Discrimination based on Race, were reported in the period 2013-17. However, in connection

with an investigation of an act of violence in 2013 the police were made aware that a possible

violation of section 266 b on racial discrimination had occurred, i.e. that it was racially

motivated. Subsequently, the prosecution requested that the police charged the putative

perpetrator accordingly. The case was submitted to the Attorney General with the

recommendation to charge the accused for violating section 266 b. The Attorney General

decided in 2014 against any such indictment.

308. In 2018 one violation of section 266 b has been reported to the Faroese police in

connection with a racial stereotype remark made by a guest presenter at one of the local radio

stations. The case will be submitted to the Attorney General to decide whether or not to

prosecute.

Article 5

309. The Ministry of Transport, Infrastructure and Labour will commence the work of

drafting a bill prohibiting discrimination and enforcing equality of treatment on the labour

market. Discrimination on the basis of race will be included and reference to the Convention

will be made in the bill.

Article 7

310. Since the last report the study of social science has become an independent subject

from grade 7 and onwards in the lower secondary school. Teaching material has been

produced for the purpose and the curriculum covers the subjects of human rights, tolerance

and social- and international organisations

311. The Public Service contract between the National Broadcasting Company (Kringvarp

Føroya) and the Ministry of Education, Research and Culture which was first signed in 2011

for a two year period, has been updated for the period from 2017-2020. The Public Service

contract states in Article 4 that programmes produced by the company shall in no

circumstances entertain or cause indignity, violence or hatred because of race, sex, religion

or nationality.

312. From late 2015, the Faroese Immigration Office expanded its role in integration

emphasizing on language, labour market, social services, and provision of materials and

information to newcomers in the Faroe Islands. In recent years, the office has released

consolidated information handbook on public agencies, rights and duties, and culture to help

newcomers navigate within their new community and a guideline recommendation on

intercultural receiving of newcomers distributed around the country in collaboration with the

municipalities. On October 5, 2018, both Faroese Red Cross and the Faroese Immigration

Office hosted the first intercultural family retreat to promote learning on new tools for

families with foreign background and networking among intercultural families.

313. In recent years some of the larger municipalities have worded their own municipal

integration policy, appointed an integration committee and/or integration co-ordinator in

order to improve the welcome and integration of immigrants to their respective

municipalities.

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314. As part of their integration policy the municipality of the capitol Tórshavn held the

Diversity Week for the third year running from October 1st to October 5th 2018. The purpose

of the Diversity Week is to shed light on the multicultural society the municipality of

Tórshavn has become and to strengthen the intercultural attitude. The aim is also to take a

closer look at what the municipality can do to strengthen the intercultural understanding

between people.

315. Amongst the arrangements on the program was a workshop looking at the upbringing

of children and how we support our children understanding the diverse world we live in.

Furthermore, a conference on educational theory and practice for teaching Faroese as a

second language to adult learners was held. The main focus of the conference was how to

guarantee an excellent education in Faroese as a second language to immigrants. A youth

initiative focusing on what

it is like growing up and building own identity when one’s cultural

background differs from the cultural foundation of the society one lives in was also on the

program for the Diversity Week.

CERD/C/DNK/22-24

Annexes to the report

Annex I

Table 1 shows the employment and unemployment rates among 16-64-year-old persons, by population category and

origin in 2016 (the most recent figures). The employment rate is the share of the total population who is in employment.

The unemployment rate is the share of the workforce who is unemployed.

Table 1:

Employment rate and unemployment rate among 16-64-year-old persons, by population category and origin,

2016, per cent

Immigrants,

non-Western

origin

50%

11%

Immigrants,

Western origin

65%

Descendants,

non-Western

origin

56%

Descendants,

Western origin

67%

Persons of

Danish origin

76%

Employment rate

Unemployment rate

Source: Ministry of Immigration and Integration based on data from Statistics Denmark, IMRAS06.

Table 2 shows the share of employed 16-64-year-old persons, by business, population category and origin in 2016 (the

most recent figures).

Table 2 shows the employment and unemployment rates among 16-64-year-old persons, by population category, origin

and sex in 2016 (the most recent figures). The employment rate is the share of the total population who is in employment.

The unemployment rate is the share of the workforce who is unemployed.

Table 2:

Employment rate and unemployment rate among 16-64-year-old persons, by population category, origin and

sex, 2016, per cent

Immigrants,

non-Western

origin

Men

Women

55 %

46 %

11 %

Immigrants,

Western origin

Men

70 %

Women

60 %

Descendants,

non-Western

origin

Men

Women

56 %

Descendants,

Western origin

Men

67 %

Women

68 %

Persons of

Danish origin

Men

77 %

Women

74 %

Employment rate

Unemployment

rate

Source: Ministry of Immigration and Integration based on data from Statistics Denmark, IMRAS06.

Table 3:

Share of employed 16-64-year-old persons, by business, population category and origin, 2016, per cent

Immigrants,

non-Western

origin

Immigrants,

Western origin

Descendants,

non-Western

origin

Descendants,

Western origin

Persons of

Danish origin

Agriculture,

forestry

and

fisheries

Industry, mineral

extraction

and

utilities

Construction

Trade

and

transport, etc.

10%

14%

12%

31%

24%

44%

27%

23%

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Information

and

communication

Finance

and

insurance

Real estate and

renting

Business service

Public

administration,

education

and

health

Culture, leisure and

other services

Unknown activity

Total

17%

25%

19%

20%

13%

25%

14%

29%

11%

33%

100%

Source: Ministry of Immigration and Integration based on data from Statistics Denmark, IMRAS23A.

CERD/C/DNK/22-24

Annex II - Ethnic composition of the prison population

Table 1

Occupancy in state and local prisons and halfway houses, by nationality (30 November 2017)

Country

Afghanistan

Albania

Algeria

Bosnia-Hercegovina

Brazil

Bulgaria

Denmark

Yugoslavia (former)

Ghana

Iraq

Iran

Croatia

Lebanon

Lybia

Lithuania

Macedonia

Morocco

Montenegro

Nigeria

Norway

Pakistan

Poland

Romania

Russia

Serbia

Somalia

Stateless

Stateless Palestinians

Sweden

Syria

Tunisia

Turkey

Germany

Unknown

Vietnam

Other countries

Total

Persons

2.549

123

134

3.531

0,8

0,9

0,5

0,4

0,3

0,4

72,2

0,6

0,2

2,1

0,9

0,3

0,4

0,3

1,4

0,2

0,7

0,2

0,5

0,3

0,7

1,2

3,5

0,4

0,2

2,1

0,5

0,3

0,9

0,2

1,4

0,2

0,5

3,8

100

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Note:

“Other countries” are countries from which fewer than 6 persons are inmates of a Danish institution.

Table 2

Ethnic affiliation of inmates and clients

Immigrants

(%)

Descendants

(%)

13,8

11,7

8,1

8,3

7,8

Danish

origin

(%)

55,6

72,6

50,3

28,7

78,6

76,0

79,3

Foreigners

(%)

9,5

1,6

20,9

28,1

0,1

Total

(%)

100

Total

Persons

696

1286

972

505

173

8231

294

Closed state

prisons

Open state

prisons

Local prisons

Copenhagen

Prisons

Halfway houses

Probation Service

(clients under

supervision)

...of which in

electronic

monitoring

15 November

2017

29 November

2016

10 November

2015

11 November

2014

21 November

2013

20 November

2012

29 November

2011

2 November 2010

10 November

2009

4 November 2008

6 November 2007

7 November 2006

4 November 2005

4 May 2004

21,1

14,1

17,1

21,2

13,3

15,6

12,9

16,0

15,4

15,3

15,0

14,7

14,3

14.7

14.5

14.6

14.3

13.2

12.9

12.3

9,9

8,7

7,9

7,0

6,8

5,9

5.5

4.8

5.0

3.9

3.5

3.2

3.1

3.3

70,4

71,3

73,0

73,2

73,9

75,4

75.9

77.4

77.2

78.3

80.0

80.9

82.2

82.6

3,7

4,6

3,7

4,7

4,6

4,4

4.0

3.2

3.4

3.1

2.2

2.6

1.8

100

11863

12458

13209

13764

14125

14014

13,648

13,273

12,293

11,572

11,184

12,573

12,906

12,148

Note: Immigrants

were born abroad. Neither parent is a Danish national born in Denmark.

Where no data is available on either parent and the person was born abroad, the person is considered to be an immigrant.

CERD/C/DNK/22-24

Descendants

were born in Denmark. Neither parent is a Danish national born in Denmark. Where no data is available on

either parent and the person is a foreign national, the person is considered to be a descendant.

When one parent or both parents born in Denmark are awarded Danish nationality, their children will no longer be classified

as descendants. However, if parents born in Denmark maintain their foreign nationality, their children will be classified as

descendants.

Regardless of their place of birth,

persons of Danish origin

are persons with at least one parent who is a Danish national

born in Denmark.

Foreigners

are persons who have no civil registration number or ties with Denmark, meaning persons who were not residents

of the country at their apprehension. They may be tourists, asylum seekers or persons staying illegally in Denmark who have

been charged with or convicted of Criminal Code violations.

Table 3

Ethnic affiliation and age distribution of inmates and clients.

Calculated on a particular date in 2016 and 2017

15 November 2017

Danish

Descendants

origin

(%)

100

1.172

100

8.346

29 November 2016

Danish

Immigrants Descendants

origin

(%)

100

1.923

100

1.079

100

8.878

Immigrants

(%)

under 20

years

20-24

25-29

30-34

35-39

40-44

45-49

50-54

55-59

60+

Total

(%)

Total

(persons)

100

1.904

Total

(%)

100

11.422

Total

(%)

100

11.880

Note:

Foreigners are not included, and therefore the total figures deviate from those of Table 3.20.

Table 4

Ethnic affiliation of inmates and clients, by country of origin.

Calculated on 15 November 2017

Country of origin

Immigrants

Denmark

EU Member States

Of that number, from Poland

236

Descendants

Danish origin

8346

Total

8346

284

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Romania

Germany

Sweden

Bulgaria

Latvia

The United Kingdom

Lithuania

Croatia

Italy

Hungari

Finland

France

The Netherlands

Other EU Member States

Other European countries

Of that number, from Turkey

Yugoslavia (former)

Bosnia-Hercegovina

Norway

Iceland

Russia

Macedonia (FYROM)

Ukraine

Kosovo

Serbia and Montenegro

European countries other than the

above

Africa

Of that number, from Somalia

Morocco

Tunisia

Egypt

Algeria

Uganda

The Gambia

Ghana

Ethiopia

Nigeria

Congo

Eritrea

Sudan

Libya

Other Africa

361

132

408

223

349

259

198

710

391

132

606

303

126

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South and Central America

Of that number, from Chile

Cuba

Other South and Central America

Asia

Of that number, from Lebanon

Iraq

Iran

Pakistan

Afghanistan

Vietnam

Sri Lanka

Syria

Jordan

Kuwait

India

Thailand

The Philippines

Israel

Middle East, country not

disclosed

China

Other Asia

Oceania

Foreign country, country not disclosed

Stateless

Total

858

150

203

111

1.904

570

270

103

1.172

8.346

1428

420

259

164

140

110

11.422

Note: Foreigners are not included, and therefore the total figures deviate from those of Table 3.20.

Note: “Other” are countries from which fewer than 6 persons are inmates or clients.

CERD/C/DNK/22-24

Annex III

Criminal cases concerning racist statements (section 266b of the Criminal Code)

The information below on the number of provisional charges, formal charges, etc. in cases concerning section 266b of

the Criminal Code has been obtained from electronic extracts from the police's case administration system (POLSAS).

Year

Number of

provisional charges

Number of formal

charges

103

Number of

convictions

Number of fixed-

penalty notices

Number of

acquittals

2013

2014

2015

2016

2017

2018

Total

279

Year

Number of cases in which

investigations are not

launched

Number of cases in which

investigations are discontinued

Number of cases in which

prosecution is withdrawn

2013

2014

2015

2016

2017

2018

Total

110

Note: The numbers of provisional charges, formal charges and decisions have been calculated according

to the number of persons (per case reference number) provisionally or formally charged and decided. It

should be further noted that there will be a time lag in the data, as the number of decisions in 2017 may

be related to provisional charges raised in 2016. Finally, it should be noted that the data are dynamic as

corrections of input errors, delayed updated, new decisions, etc. are taken into account. The statistics

were compiled on 22 October 2018.