UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

Udlændinge- og Integrationsudvalget 2020-21
UUI Alm.del Bilag 87
Offentligt

5620 words

A) Human Rights Obligations and National Framework

1-2: Ratification of International Instruments

1: Ratification of ICPPED

Since the first UPR cycle in 2011, Denmark has supported recommendations regarding ICPPED and its Com-

mittee. However, the Convention has not yet been ratified.

Recommendation:

Ratify ICPPED as soon as possible.

2: Ratification of International Human Rights Conventions

Denmark has not ratified a few other human rights conventions, including the

CRMW and the Optional Pro-

tocol to the ICESCR to open for the possibility to submit complaints to the ESCR Committee

iii

and Protocol 12

to the European Convention on Human Rights (ECHR).

Recommendation:

Ratify pending human rights conventions as soon as possible order to increase the scope

of protection of human rights.

3: Incorporation into National Legislation

The

e ha e ee o ha ges i De a k s positio o ot i o po ati g o e UN hu a ights

conventions

into Danish law despite the different legal status between incorporated and non-incorporated conventions.

The incorporation of ECHR into Danish law in 1992, demonstrated however that it does strengthen protection

to give full effect to the rights stipulated in a convention.

Recommendation:

Incorporate UN human rights conventions into national legislation to give full effect to

the rights as enshrined in the conventions and ensure their justiciability.

4: Assessment of Human Rights Protection in Practice

vii

Denmark should assess whether its international legal obligations are effectively implemented in practice

and whether policies violate or impact negatively on human rights norms. This is to ensure the effective

protection of human rights in practice and no regression on such protection. There is a lack of such an as-

sessment, e.g., in relation to several measures mentioned in this report.

viii

In light of human rights pursuant to non-incorporated conventions, the lack of assessment of law proposals

should also be corrected. In certain policy areas, e.g. immigration policy, law proposals have been submitted

to the Parliament without such an assessment (although compliance with ECHR was included).

Recommendation:

Assess implementation of human rights in practice, avoid or mitigate any negative im-

pact on human rights and assess law proposals in light of all human rights conventions.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

5: National Human Rights Mechanism for Follow-Up

Through its inter-ministerial human rights committee, the MFA coordinates reporting to the UN. However,

there is no overall human rights strategy in Denmark, and this specific mechanism is not effective at coordi-

nating the implementation of UN recommendations and does not involve NGOs regularly.

Recommendation:

Establish an effective national mechanism for reporting and follow-up that is based on a

national, coordinated human rights strategy and that ensures effective NGO participation.

B) Implementation of Human Rights in Practice

Cross-cutting Issues

6-10: Equality and Non-discrimination

6: Legal Obligation to Prohibit Discrimination

On the labour market in Denmark discrimination is prohibited on all grounds, whereas in other sectors of

society (e.g, education), discrimination is still only prohibited on some grounds (e.g., gender, race and eth-

nicity, and disability). As a result, we see both an inability to deal properly with multiple and intersectoral

discrimination and a lack of protection for marginalised persons, when the discrimination occurs on grounds

not yet prohibited, e.g., age and gender identity and expression.

Moreover, as documented in this report and by NGOs in the UPR Coalition,

discrimination also exists even

on grounds that are prohibited, e.g., relating to ethnicity.

Recommendation:

Adopt comprehensive anti-discrimination legislation prohibiting differential treatment,

which is directly or indirectly based on all the prohibited grounds of discrimination, and an action plan to

ensure in practice the enjoyment of human rights on equal footing.

7: Gender Mainstreaming

xii

Denmark has supported UPR recommendations to integrate equality into all policies and activities. However,

gender mainstreaming is given much too little attention in legislation and practice. A step backwards was

taken in 2019 when the Minister for Equal Opportunities promoted a change of the Gender Equality Law that

reduces key obligations for municipalities. This permits non-binding targets for gender equality and reporting

on this only every third year.

xiii

Most municipalities have in fact no gender mainstreaming strategy.

Recommendation:

Ensure that laws and policies have no negative consequences on the equality of women

and men and that public authorities (local and national) conduct gender assessment properly, and allocate

sufficient resources to gender mainstream policies and services.

8: Discriminatory Ghetto Legislation

xiv

Neighborhoods in Danish cities can be designated as

ul e a le

according to specific criteria, and further

as ghettos

if more than 50 percent of the residents are immigrants or descendants of immigrants from non-

Western countries.

d ghettos

are areas that have been classified as "ghetto" four years in a row.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

The ghetto legislation includes requirements targeting ethnic communities. By way of example, the law

o liges ha d ghettos

to reduce public housing stock to no more than 40% in 2030 and to make them avail-

able for redevelopment. Under certain circumstances local police may request double punishment for crime

in zones of the designated "ghettos."

Using the term

ghetto fo eigh o hoods is dis i i ato y a d fu the stig atizes those al eady li i g at

the margins of Danish society.

Persons with non-Western background risk eviction from housing through no fault of their own, just because

their area exceeds the above-mentioned target.

xvi

Recommendation:

Cease

usi g the te

ghetto for disadvantaged housing areas and ensure the absence

of discrimination when solving social inclusion and housing issues.

9: Discriminatory Central Personal Registry (CPR)

xvii

In Denmark each person has a unique civil registration (or CPR) number.

xviii

This registry operates with the

main principle that a child is registered with a mother and a father (an exemption can be made to register

two mothers). A child cannot be registered with two fathers.

This poses two fundamental problems for same-sex parents. Firstly, the exemption is not communicated to

other systems that draw their data from the CPR registry (e.g., the public school communication system

Aula has registered half of all mothers in same-sex couples as the

fathe o othe

). Secondly, fathers in

same-sex couples are not registered with their legal gender.

Recommendation:

Amend the CPR law to allow parents to be identified by their legal gender and ensure

implementation of this in all public systems that draw data from the registry.

10: Legal Gender Change for Youth

xix

In August 2020 the government took initiatives to enhance the protection of LGBT persons,

including con-

sidering the possibility for children under 18 to conduct legal gender change. However, no law proposal has

yet been presented to the Parliament. There should be no minimum age for gender change, as long as the

person exercising parental authority approves the change.

Recommendation:

Amend the law to allow every person under the age of 18 to change their legal gender.

11: Resource Allocation

xxi

Denmark does not mobilise enough resources to ensure that infrastructure and services are in place to enable

everyone to enjoy all human rights. When formulating economic and fiscal policy decisions, the amount of

resources required to guarantee human rights for disadvantaged groups is not always included in the priori-

ties.

As documented in this report, more resources are required to address several issues, such as poverty, support

services for refugees and social housing for marginalized groups.

Recommendation:

When economic and fiscal decisions are made, allocate sufficient funds for human rights,

especially avoiding too few resources that can mean retrogression and discrimination for marginalised

groups.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

12: Business and Human Rights

xxii

The business sector should contribute to better protection of human rights in their value chains and business

relationships, both at home and abroad. Despite the mandate of the Mediation and Complaints-handling

Institution for Responsible Business Conduct and the Financial Statements Act requiring companies to report

on CSR, Denmark does not impose a legal obligation on companies and investors to adhere to the UN Guiding

Principles on Business and human Rights (UNGPs).

Recommendations:

•

Introduce legislation requiring companies and investors to respect human rights and prevent envi-

ronmental harm, including by carrying out due diligence to prevent any harm.

Establish corporate liability for human rights and environmental harm.

Amend the Danish Financial Statements Act to include a clear reference to the UNGPS, including an

emphasis on due diligence reporting.

Lower company size for mandatory reporting on responsible business conduct.

13: Transparency of Funding of Political Parties

xxiii

Trust is a central feature of the functioning of the Danish society. Denmark is consistently ranked among the

top five least corrupt countries in the world.

xxiv

However, GRECO

xxv

has criticized Denmark for lack of trans-

parency in the financing of political parties. For donations to political parties above a threshold of DKK 21,400

(per 2020), the identity of the donor must appear in the party's annual accounting, made available to the

public. Donors giving less than this amount are guaranteed anonymity. However, the anonymity of these

lower-amount donors is disconcerting. Likewise, for donations above the threshold, the total amount of do-

nations given by each donor is not made public.

xxvi

These two shortcomings in transparency are potential risks for corruption, as donors may exert undue influ-

ence on the political system. There is an urgent need for a clear framework to guarantee transparency to

strengthen the integrity of political parties and good governance.

Recommendations:

•

Amend legislation to comply with the CoE s Committee of Ministers Rec. (2003)4 on Common Rules

against Corruption in the Funding of Political Parties and Electoral Campaigns

xxvii

as soon as possible.

Introduce a ban on anonymous donations to individual election candidates.

Amend the Accounts of Political Parties Act by adding an obligation upon political parties to report

the total value of donations provided by each donor above the threshold.

xxviii

Provide an independent monitoring mechanism in line with article 14 in Rec. (2003)4.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

Civil and Political Rights

14: Pre-trial Detention

xxix

Denmark has traditionally used pre-trial detention more extensively than neighbouring countries. Over the

last five years, the proportion of pre-trial detainees has increased from 33.7% (2015) to 38.2 % (2020) of the

total prison population.

xxx

The first weeks of detention entail increased vulnerability for the detainee. Uncer-

tainty as to the length of pre-trial detention also has psychological consequences. Thus, detention can have

severe psychological consequences for the detainees, especially for children.

Recommendation:

Review the practice of pre-trial detention, with specific focus on minors and initiate ef-

forts to ensure that pre-trial detention only is used as a measure of last resort.

15: Solitary Confinement as a Disciplinary Measure

xxxi

The Danish Administration of Justice Act (AJA) permits isolation of adult inmates and children for up to four

weeks as a disciplinary sanction. For adults, such measures have risen dramatically over the last years. In

2019, 4,416 inmates were subjected to this of whom 705 were in solitary confinement for more than 14 days,

which is in violation of the Mandela Rules.

xxxii

DIGNITY and other organisations have documented the negative health consequences of prolonged isola-

tion

xxxiii

and criticized the significant increase in the use of solitary confinement as a disciplinary measure that

is caused by various amendments to the AJA during the last years (especially the amendment to the AJA in

August 2016) which resulted in higher punishment level.

xxxiv

By way of example, disciplinary punishment for

illegal possession of mobile phones was tripled to the following in closed prisons: 15 days in isolation first

time; 21 days second time; and 28 days in isolation third time.

Recommendation:

Abolish the use of solitary confinement towards children and implement its use as a dis-

ciplinary sanction in accordance with the Mandela Rules.

16: Prohibition of Inhuman or Degrading Treatment

Conditions at Ellebæk

xxxv

Rejected asylum seekers are held in administrative custody at Ellebæk, which is run by the Department of

Prisons and Probation, according to prison-like rules, although the detainees are neither accused of nor con-

demned for a crime. Ellebæk can host 136 detainees and will be expanded with another 56 soon. By way of

example, the detainees are not entitled to possess a mobile phone, and if they do so they will be punished

with isolation for 15 days as in Danish prisons.

Twice, the Danish Ombudsman has strongly criticized the conditions.

xxxvi

The news channel TV2 broadcasted

a documentary about Ellebæk during which a prison guard and union representative described the institution

as a "forgotten, closed prison" and stated that it is not a place for anyone to live.

xxxvii

The pastor at Ellebæk

has also described the conditions as inhuman.

CPT has strongly criticized Ellebæk, most recently in January 2020, and concluded that the conditions were

u a epta le . Civil

society has submitted criticism of the conditions to various international bodies, includ-

ing the prohibition about mobile phones, but very little has changed.

xxxviii

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

Recommendation:

Review the conditions at Ellebæk, remove the prison-like regime, and ensure compliance

with the obligation to prevent inhuman and degrading treatment.

17: Administrative Revocation of Danish Citizenship

xxxix

The Minister of Immigration and Integration is entitled to revoke Danish citizenship from citizens with double

citizenship, who live in Syria, if they have committed acts that threaten national security, such as by joining

a terrorist organisation

alleged fo eig fighte s

. So far, the law has been used five times. According to

the law, the affected person has four weeks to decide whether to appeal the decision to the courts, which

has happened in three of five cases. However, there is a lack of judicial control because the law does not

require that decisions are automatically tried in court.

Recommendation:

Amend the law to ensure due process rights and automatic recourse to the courts.

18: Face Coverings in Public

xli

It is illegal to wear face coverings in public, with a fine of 1,000 DKK for a first offence, increasing to prison

sentence for subsequent offences.

xlii

Notably, religious headdress is not exempted from this law. The ban was

in fact expressly introduced to prevent the wearing of niqabs and burkas in public spaces. In any case, for-

bidding religious headdress is clearly a violation of religious freedom, and in many cases covering of the face

can be an expression of opinion or conviction.

Recommendation:

Repeal the ban and amend the Criminal Code to allow face covering in public.

Economic, Social and Cultural Rights

19: Adequate Housing

xliii

There is a significant shortage of affordable housing in larger Danish cities, as such housing is pushed more

and more to the outskirts of the cities, as recently criticized by the ECSC Committee.

xliv

This is due both to

less public investment and to the acquisition of property by private investors.

E ti e lo ks i

ghetto

a eas see

Recommendation 8) are being converted into private and co-operative

housing, which further increases the obstacles for people of low income to find adequate housing. The cur-

rent tenants are offered alternative accommodation, but they have no say as to its location, quality, or cost.

For receivers of the integration benefit, it is challenging to ensure adequate housing.

xlv

Recommendation:

Increase the stock of affordable and adequate public housing units by means of higher

public investments and a better regulatory framework for private investors.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

20-21: Equal Pay and Access to Employment

20: Equal Pay

xlvi

The gender pay gap still exists in Denmark and most recent figure stands at 14,5%.

xlvii

The reasons for this

unfair situation relate to high level of labour market segregation, discrimination, high percentage of women

working in the public sector and continued unequally shared care responsibilities.

We are concerned by very little wage transparency preventing women from checking whether their right to

equal pay is violated. It is correct, as mentioned by Denmark in its midterm report (rec. 120.154) that Statis-

tics Denmark provide employers with pay statistics, but the statistics are not available for individuals.

The principle of equal pay applies both to equal work and to work of equal value. However, we are concerned

that o k of e ual alue is eithe des i ed o defi ed i the

Act on Equal Pay.

Finally, gender-biased pay concepts

a e ofte used he o pa i g e s a d o e ´s ages.

The Danish

Pay Commission emphasised in 2010 that only a gender-neutral pay concept (e.g.

standardised hourly earn-

ings)

should be used.

Recommendation:

Take further steps to bridge pay gap by changing the legislation to ensure transparency

on wages; use of a gender-

eut al o ept of ages a d defi e o k of e ual alue .

21: Access to Employment

xlviii

Whereas the employment rate for the Danish population as a whole (with fixed place of employment) is now

at 74%,

xlix

only around 54% and 58% of immigrants and descendants, respectively, from non-Western coun-

tries are employed.

This over-representation may be due to less education

, language barriers, less job ex-

perience (especially among women) and poorer general health. This over-representation will worsen with

the COVID-19 crisis, as documented by EAPN.

lii

Recommendation:

Further increase access to employment for immigrants, using more support programmes

for better integration into the labour market.

22-23: Adequate Standard of Living

22: Official Poverty Threshold and Non-discriminatory Approach to Child Poverty

liii

The national poverty threshold was abolished in 2015 and has not yet been re-introduced, despite the obli-

gation to do so according to SDG 2.1

6, a e efit eili g,

or a maximum on the total amount of social

benefits received by a family, was introduced, and this affects strongly persons and families receiving unem-

ployment benefits and self-support subsidy and return-home benefit.

Fewer social benefits for vulnerable families increases directly child poverty, and especially for refugee fam-

ilies. The statistics for 2018 show an increase to 64,500 of children in families that live below the OECD pov-

erty threshold. Since early 2020, though, the government has taken measures to mitigate the rise in child

poverty by introducing a temporary child benefit for persons who have children age of 0-14 and who are

affe ted y the the e efit eili g .

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

Recommendation:

Re-introduce an official national poverty threshold based on the OECD definition; abolish

the benefit ceiling; and apply a non-discriminatory approach when taking future steps to tackle child poverty

in Denmark.

23: Efforts to tackle poverty

liv

In 2019, 16.3% of the adult Danish population were at risk of poverty and social exclusion, according to the

OECD definition of poverty. This corresponds roughly to the level prior to the crisis in 2008.

Comparing 2019

to 2010, a higher percentage of the population now live in financial insecurity, are overburdened by housing

costs, and generally find it difficult to make both ends meet.

lvi

This is expected to worsen with post-COVID 19

economic downturns. Moreover, the Penal Code now criminalises conduct associated with situations of pov-

erty, such as begging.

Recommendation:

Increase efforts to decrease rates of relative and absolute poverty and socio-economic

inequality, and ensure no further regression on social protection, and ensure that no disproportionate bur-

den caused by COVID-19 lands on persons already at risk of poverty.

24-27: Health Care

24: Coercion at psychiatric institutions

lvii

The use of coercion on adults and children is widespread and increasing at psychiatric institutions, e.g. me-

chanical restraint (belt), involuntarily admissions and chemical restraint.

lviii

Almost 6000 psychiatric patients

are submitted to coercion each year, which is one quarter of all inpatients. This situation has not changed

the last 20 years.

lix

Danish civil society and international bodies have long expressed serious concerns, and in

September 2020 also the European Court of Human Rights, about the risk of violation of the prohibition of

torture and other forms of ill-treatment.

Recommendations:

•

Amend the Psychiatric Act in order to significantly limit the use of coercion and use it only as a last

resort for as short a time as possible.

•

Prevent coercion that can result in inhuman and degrading treatment.

•

Ensure that one method is not replaced by another.

•

Provide training to professionals as to how to prevent cruel and degrading treatment.

•

Ensure that patients are never mechanically restrained due to the lack of capacity at a secure psychi-

atric hospital.

25: Transgender persons

lxi

Transgender persons do not enjoy the right of the process of physical gender transition, but only as a privilege

to be granted by a panel of health professionals. It would greatly benefit the well-being of such people if

hormone-replacement therapy and surgical intervention were a right to be effectuated after a professional

consultation. Moreover, many people who wish to undergo this surgery are kept waiting for years because

the law explicitly excludes this surgery from the waiting-time guarantee for medical treatment.

lxii

Recommendation:

Amend the law to make access to gender-affirming surgery a right covered by the maxi-

mum waiting-time guarantee.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

26: Intersex persons

lxiii

Some intersex children are subjected to unnecessary medical and surgical interventions that can be under-

taken without consent from the child when below 15. Such interventions are typically irreversible and can

cause severe, lifelong physical and psychological suffering.

Adult intersex people, who agree with the sex assigned at birth, have immediate access to hormone treat-

ment and surgery. However, those who disagree with the sex assigned at birth are considered to be

transgender and therefore have to undergo months of medical and even psychological evaluation when ac-

cessing treatment to align their body with their gender identity. This

ay g eatly affe t the i di idual s phys-

ical and psychological health and well-being.

Access to justice for intersex people may be barred by the ordinary statute of limitation rules. Moreover,

complaints by intersex people about previous operations and treatments are administratively dealt with on

the basis of the

spe ialist a d easo a le ess ule

, that implies that admissibility of the complaint will be

assessed by health experts. The traditional medical view on intersex may be pathologizing and supporting

the notion that intersex bodies can and should be made to fit social expectations for male or female bodies.

This may result in the complaint being rejected.

Recommendations:

•

Amend legislation to ensure that all non-urgent medical interventions are postponed until a child is

mature enough to participate in meaningful decision-making, and to give their full, free and informed

consent.

Take necessary legislative measures to remove statutes of limitations and stop the application of the

spe ialist- a d easo a le ess ule

Educate health care professionals on human right aspects of intersex health, biological and physical

diversity, and the consequences of unnecessary surgical and other medical intervention.

Adopt legislative, administrative, and other measures to ensure adult intersex people equal access

to gender-affirming treatment that relates to their gender identity rather than to their legal sex.

27: Non-refundable transport expenses

lxiv

Traumatized refugees, including victims of torture, can receive treatment at various rehabilitation centers in

Denmark, including at

DIGNITY s

and OASIS' centers for rehabilitation, if their medical doctor refers them.

However, some refugees are not entitled to reimbursement of their expenses for transportation to the cen-

ters, and they cannot afford to pay for it themselves. Unfortunately, this means that some traumatized ref-

ugees do not receive treatment and do not have effective access to health care.

Recommendation:

Amend the law so that refugees who need the rehabilitation services are entitled to re-

imbursement for transportation between home and service provider.

28: Education

lxv

Especially for children from disadvantaged socio-economic backgrounds, there is a gap in what they attain in

education, relative to other children. A study in 2018 concluded that 9

grade students from the upper

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

middle class score 30% better in exams than children from poorer households.

lxvi

Moreover, among all low-

achieving students, there are almost 3 times as many who are foreign-born than those who are non-immi-

grant.

lxvii

Recommendation:

Narrow educational attainment gaps by focusing on students with immigrant back-

grounds and socio-economically disadvantaged students.

Additional Rights of Specific Groups

29: Violence against Women

lxviii

The high number of cases related to gender-based violence, which disproportionately affects women and

girls and is rooted in unequal power relations between women and men, continues to be of great concern.

Gender-based violence has specific characteristics and is often committed by closely related male persons

and consequently, difficult

–

sometimes impossible - to escape. It may even be life-threatening for women.

The

National Action Plans aiming at combatting gender-based violence does not acknowledge the gendered

nature of this type of violence and uses a gender-

eut al la guage su h as iole e i lose elatio s

and

pa t e iole e

lxix

This choice of language hampers the efforts to prevent violence against women.

Femicide committed by a partner is the single most common homicide in Denmark. The high level of femi-

cides remains unchanged, while other types of homicides decrease.

lxx

Violence specifically against migrant women, whose residence permit in Denmark may be temporary, is mag-

nified due to their social isolation, economic dependence on the abuser, uncertainty regarding rights and

lack of awareness regarding possibilities for help.

lxxi

Reporting of the violence is rare, as the women fear that

the authorities may not believe that they have been exposed to violence.

Recommendation:

Take further steps to address violence against women by using a gender-based concept

of violence, as internationally acknowledged, by addressing the high levels of femicides committed in Den-

mark and by adopting a more holistic approach in strategies towards migrant women exposed to violence.

30-33: Children

30: The Juvenile Delinquency Board (JDB) for children 10-14 years

lxxii

In January 2019, the Juvenile Delinquency Board (JDB) was established pursuant to the Youth Crime Act with

the overall aim to combat and prevent youth criminality. There is now a JDB in each police district, consisting

of one judge, one representative from the police and one from the social authorities. JDB has a mandate for

children above the minimum crime age of 15 who have been convicted of a crime, and for children 10 - 14,

contingent on three criteria, including

suspicion

of having committed serious crime.

Children 10-14 years, who are no longer referred directly to the social authorities are at risk. Firstly, lack of

legal guarantees, as the child is not granted the same rights as in a court of law, and the principle of the

presumption of innocence is not adhered to, since a child can be referred to the board based solely on

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

suspicion. Secondly, international norms call for

inter alia

effective and child-friendly procedures.

lxxiii

How-

ever, vulnerable children with reduced cognitive abilities may not properly understand what is happening,

and there is a risk that they become overwhelmed and even traumatized by the meetings.

Recommendation:

Dismantle the Juvenile Delinquency Board for children aged 10 to 14 and return its man-

date to the social authorities.

31:

Children’s knowledge

of their rights

lxxiv

Recent surveys by UNICEF conclude that 45 % of children in Denmark have no knowledge of the CRC.

lxxv

Therefore, the existing initiatives are not sufficient, and more efforts are needed to teach children about

their rights.

Recommendation:

Amend relevant legislation (i.e,, Law on Public Schooling, para 1(3), and guidelines for

teachers) to oblige teaching of

hild e s ights

in schools, and introduce an annual campaign week on chil-

d e s ights.

32:

Children’s rights and digital behavior

lxxvi

Young people spend more and more time on social media and on digital platforms, but without knowledge

of the algorithms and other aspects of digital technology and the digital information they leave through cook-

ies. There is a growing need for strategies at schools on correct behavior and attitudes in the digital world,

as well as a need for digital awareness from the pre-school age.

Recommendation:

Take legislative measures to oblige schools to adopt a digital strategy and to introduce

compulsory social media lessons from pre-school on behavior, attitudes, awareness of algorithms in the dig-

ital world.

33: Telephone helplines for children open 24/7

lxxvii

Telephone helplines help and advice thousands of vulnerable children in crisis. Unfortunately, many inquiries

from children remain unanswered, mainly because the children call out of opening hours. The helplines need

further financial resources to extend their opening hours, to raise further awareness and to engage more

volunteers in counselling.

Recommendation:

Ensure nationwide telephone helplines open 24 hours-a-day to help and advice vulnera-

ble children in crisis.

34-41: Refugees and Asylum seekers

34: Family reunification for refugees on temporary protection status

lxxviii

Amendments to the Aliens Act in 2015 and 2016 limit family reunification for persons granted temporary

protection status pursuant to Article 7(3) of the Aliens Act. They are only allowed such reunification after

three years' residence. Such measures endanger the right to family life that includes an obligation to ensure

that family life can be maintained, and children and spouses protected.

Recommendation:

Amend the Aliens Act to ensure that family life can be maintained, that children and

spouses are protected, and that refugees who flee to Denmark from a precarious situation in their home

country have the right to family reunification immediately after receiving a residence permit.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

35: Family reunification for children 15-18 years

lxxix

A child's reunification with its family is generally only available for children under the age of 15. There are

exceptions, but it is very difficult to be approved for family reunification for children above 15. According to

the Danish Immigration Service, a child above the age of 15 is normally assumed to have less need to live

with its parents.

Recommendation:

Amend the Aliens Act, section 9 (2), to raise the age limit for family reunification for chil-

dren to 18 years.

36: Equal treatment of LGBT+ refugees in cases of family reunification

lxxx

For unmarried couples to apply for family reunification, the Aliens Act requires cohabitation for at least 18

months prior to the application. This also applies to same-sex partners. Several applications for family reuni-

fication by LGBT+ refugees have been rejected due to lack of documented cohabitation in their country of

origin. However, for LGBT+ refugees, it is most often not possible for same-sex partners to live together in

their country. Hence, the requirement of cohabitation leads to indirect discrimination of LGBT+ refugees on

grounds of sexual orientation or gender identity.

lxxxi

Recommendation:

Ensure equal treatment of LGBT+ refugees in relation to family reunification. Same sex

partners, or persons regarded as such in the country of origin, should not have to live up to the requirement

of cohabitation, if cohabitation has not been possible in that country.

37: Temporary stay

lxxxii

Originally refugees were granted protection and integration into Danish society for five or seven years. In

2019, however, the "Paradigm shift" law was passed, which now means all permits are given "with the aim

of temporary stay." Formerly this was "with the aim of permanent stay".

Refugees are therefore now only granted temporary stay for one or two years, to be reviewed every second

year, and which can be revoked at any time. This is also the case for UN resettlement and Convention refu-

gees.

Recommendation:

Secure durable solutions for refugees by ensuring long-term protection for them and their

families.

38: LGBT asylum seekers

lxxxiii

Most LGBT asylum seekers come from countries where homosexuality is a criminal offense and where there

is no documentation for their persecution. The Danish practice regarding these asylum seekers is still defi-

cient.

The Danish authorities often do not recognize persecution from non-state actors towards LGBT asylum seek-

ers as grounds for international protection, and they expect LGBT asylum-seekers to be able to express them-

selves as Northern Europeans about their sexual orientation and gender identity. Hence, the authorities do

not fully recognize what is stated in the UNHCR Guidelines on SOGI-

elated lai s

, a ely that

Dis-

i i atio , hat ed a d iole e i all its fo s a i pa t det i e tally o the appli a t s apa ity to

pre-

sent a claim. Some may be deeply affected by feelings of shame, internalized homophobia and trauma, and

their capacity to present their case may be greatly diminished as a consequence.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

Recommendation:

Implement asylum procedures with adequate information and guidelines, and provide

training for the asylum interviewers, including on topics such as sensitivity to

LGBT asylu seeke s diffi ulties

in revealing and talking about issues that are taboo and the object of strong cultural and religious norms.

39: Social benefits for refugees

lxxxiv

In 2019, Denmark further tightened the criteria to receive full financial aid for integration. Now, these inte-

gration benefits (the

i teg atio e efit has ha ged a e to self-suppo ti g a d etu

e efit

lxxxv

are

much decreased for people who have not lived in Denmark at least nine of the past ten years and have not

had full-time employment for at least two-and-a-half years the past ten years. The target group is mainly

refugees and their families.

lxxxvi

Likewise, refugees and others who have not lived in Denmark all their lives only gradually earn the right to

child benefits for children below 18 years. This combination of low social benefits increases the risk of child

poverty (see above).

Recommendation:

Increase substantially social benefits for refugees, granting them the same benefits as

Danes and abolish the graduated benefits for children.

40: Revocation of residence permits

lxxxvii

Since 2019, when revoking asylum status, Danish law no longer attaches value to attachment to Denmark

(i.e, family, language, education, work, etc.).

lxxxviii

The Immigration Service has reviewed 1,300 Somali refu-

gees' cases and revoked 950 permits.

lxxxix

However, at the Refugee Appeals Board, more than 50% of the

cases were overturned or sent back to first instance.

In December 2019, the Appeals Board made a principle decision that Damascus, Syria, is safe for people

without a personal asylum motive. So far, Denmark is the only European country to draw that conclusion.

UN resettlement and Convention refugees are not exempted and also risk having their residence permits

revoked.

Recommendation:

Ensure in decisions about revocation of residence permits, that the assessment is in ac-

cordance with international human rights standards and that proper consideration is given to attachment to

Denmark and with emphasis on durable solutions for refugees.

41: Interpreters

Asylum cases and court cases against foreigners are very dependent on professional and reliable interpreters.

However, in Denmark there is no requirement for formal training or certification as an interpreter. In fact,

there are no training programs for most relevant languages.

Moreover, since July 2018 patients in the Danish health care system must pay for their own interpreter if

they have lived in the country for more than three years.

xci

This has a negative effect on easy and equal access

to health services, as documented by DRC and DIGNITY in shadow report to ESCR Committee

xcii

and by the

Danish Institute for Human Rights.

xciii

Recommendations:

•

Ensure an adequate quality of interpretation in all institutions and relevant training of interpreters.

Abolish the requirement that some patients must pay a fee for interpretation when accessing health

care.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

Annexes:

Short description of the organisations in the UPR Coalition.

Information about intersex persons in Denmark.

Information about asylum seekers in Denmark.

This issue relates to SDG 16. Previous UPR recommendation during 2nd Cycle: Rec. 120.11-14 concerning ratification of International

Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and recognition of the competence of its Commit-

tee (supported).

This issue relates to SDG 16. Previous UPR recommendations during 2nd Cycle: Rec.120.5-10, Advance the ratification of the pending

international instruments, including the International Convention on the Protection of the Rights of All Migrant Workers and Members

of Their Families (ICPPED) (noted), Rec. 120.1-2, Consider signing and ratifying the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (noted).

iii

As recommended by the ESCR Committee Concluding Observations 2019.

Ratification is also lacking with regards to two specific optional protocols within the EU regarding rights of intersex persons: Additional

Protocol to the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology

and Medicine, on the Prohibition of Cloning Human Beings and Additional Protocol to the Convention on Human Rights and Biomedi-

cine, concerning Biomedical Research.

This issue relates to SDG 16. Previous UPR recommendations during 2nd Cycle: Rec. 120.20, Incorporate the human rights conventions

into national law (noted). Further UPR recommendations during 2nd Cycle: Rec. 120.21, 120.22 (noted).

Incorporation has been the recommendation of all UN Treaty Bodies, including the HRC, CAT, CRC and ESCR Committee.

vii

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 16.

viii

Specifically, with regards to economic and social rights,

the ESCR Co

ittee i the sa e spirit riti all oted last ear that

numer-

ous retrogressive measures had been introduced towards refugees , see Concluding Observations, para 12 (2019).

Recommendation during UPR 2nd Cycle 120.46-47 (noted). This issue relates to SDG 16.

This issue relates to SDG 5 and 10. Furthermore, it relates to CCPR art. 2(1), CESCR art. 2(2), CERD art. 1(1), CEDAW art. 2 and CRC

art. 2. Previous UPR recommendations during 2nd Cycle: Rec 120.74, Counter discrimination and promote a more inclusive society

(supported). Other related UPR recommendations during 2nd cycle: 120.100, 120.37, 120.59, 120.83, 120.91, 120.95, 120.96, 120.146,

120.150, 120.147, 120.172, 120.90, 120.142, 120.173, 120.36, 120.86, 120.57 (supported), 120.101(supported/noted), 120.68,

120.30, 120.65, 120.66, 120.85, 120.76, 120.26, 120.64, 120.67 (noted).

See e.g., MS-Action Aid: Inequality in Denmark (2019): https://www.ms.dk/sites/default/files/filarkiv/ulighedsrapport_decem-

ber_2019.pdf

xii

This issue relates to SDG 5 and CEDAW art. 3. Previous UPR recommendations during 2nd Cycle: Rec 120.69, Adopt the necessary

legislative measures to ensure the integration of the gender perspective in all public policies at all levels of government, and prohibit

and punish discrimination based on gender (supported) and Rec 120.71, Continue its efforts to further mainstream gender equality in

the public sphere as well as to combat domestic violence to protect the rights of women in the private sphere (supported).

xiii

Previously, reporting obligation every second year.

xiv

No recommendation on this matter during UPR 2nd Cycle. This issue refers to SDG 10. The issue is mentioned in Concluding Obser-

vations of ESCR Committee (2019), para 52 (a) and (d):

re o e the defi itio al ele e t of a ghetto ith refere e to reside ts fro

-Wester

ou tries, a dis ri i ator o the asis of eth i origi a d atio alit a d repeal all pro isio s that ha e a direct

indirect discriminatory effect on refugees, migrants and reside

ts of the ghettos .

Currently, some 28 neighborhoods are classified as "ghettos", see https://bl.dk/politik-og-analyser/temaer/hvem-er-paa-ghettolis-

ten/

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

xvi

Already, some persons, who were evicted from their apartment because they refused to leave, have taken their case to court and

claimed that their eviction was in violation of the prohibition against discrimination. Pending court cases involve persons from the

communities Birkeparken, Møljnerparken, and Nøjsomhed (https://sn.dk/Helsingoer/Beboere-i-ghetto-smidt-ud-lejere-peger-paa-dis-

krimination/artikel/1359984)

xvii

No recommendation on this matter during UPR 2nd Cycle. This issue refers to CCPR art. 2(1) and SDG 10 and 16.

xviii

Regulated by Law 1297 of Loven om det Personlige Centralregister.

xix

This issue relates to SDG 3 and 10. Previous UPR recommendations during 2nd Cycle: Rec. 120.141, Allow minors to change their

legal gender by allowing the person exercising parental authority over the minor to file an application. (noted)

Frihed til Forskellighed

–

styrkede rettigheder og muligheder for LGBTI-personer (August 2020).

xxi

This issue relates to ICESCR art. 2(1) and SDG 10.

xxii

No recommendation on Corporate Social Responsibility (CSR) during UPR 2nd Cycle. This issue relates to the SDG 8.

xxiii

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 16 and Rec (2003)4 on Common Rules against

Corruption in the Funding of Political Parties and Electoral Campaigns (available at https://www.coe.int/en/web/greco), adopted by

the Council of Europe. See specifically article 8, 11, 12, 13b, 14 and 16 and more generally - Guiding Principle 15 (financing of political

parties and election campaigns.

xxiv

xxv

See the Corruption Perception Index (CPI), see available at https://www.transparency.org/en/cpi/2019/results/dnk

The European Group of States against Corruption was established in 1999

the Cou il of Europe CoE to o itor States o pli-

a e ith CoE s a ti-corruption

standards.

xxvi

Pursuant to the Accounts of Political Parties Act (APPA), §3, section 2. It appears from

GRECO s latest E aluatio Report

(adopted

by GRECO at its 83

Plenary Meeting (Strasbourg, 17-21 June 2019), three of 14 recommendations for a new framework remain un-

i ple e ted. De ark s deadli e to su it i for atio to GRECO regardi g the status of pe di g re o

e datio s as origi all

30 June 2020, but due to COVID-19 it was extended to 30 September 2020.The 14 recommendations were mentioned in

GRECO s

Third Evaluation Round Report on Denmark on Transparency of Party Funding (2009) as adopted by GRECO at its 43

Plenary Meet-

ing (Strasbourg, 29 June-2 July 2009).

Specifically, article 8, 11, 12, 13b, 14 and 16 and more generally Guiding Principle 15 (financing of political parties and election

campaigns).

xxviii

See Article 12 and 13 in Rec. (2003)4 on Common Rules against Corruption in the Funding of Political Parties and Electoral Cam-

paigns.

xxix

This issue relates to SDG 16. Previous UPR recommendations during 2nd Cycle: Rec. 120.131 Introduce alternative measures to pre-

trial detention for minors wherever possible, and develop clear rules for the treatment of minors in police custody and monitor their

effective implementation in practice (supported).

xxx

https://www.prisonstudies.org/country/denmark

xxxi

This issue relates to SDG 16, CAT art. 1 and 16 and CRC art. 37. Previous UPR recommendations during 2nd Cycle: Rec. 120.129,

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

adults (noted). Further UPR recommendations during 2nd Cycle: Rec. 120.133, 120.134, 120.135, 120.136 (noted).

xxxii

In 2019, the European Committee of Social Rights also concluded that Denmark is not in conformity with Article 17 of the 1961

European Social Charter on the grounds that children can be placed in solitary confinement for up to four weeks, see

https://rm.coe.int/rapport-dnk-en/16809cfba6.

xxxiii

xxvii

Health studies extensively document the deleterious impact on health of solitary confinement, with physical, mental and social

consequences. Solitary confinement need not be long (e.g. 15 days) for suffering to be inflicted. For instance, only a few days of isola-

tion can result in problems of concentration, restlessness, failure of memory, insomnia, impaired sense of time, and inability to follow

the rhythm of day and night, see DIGNITY Conference Paper 2017.

xxxiv

DIGNITY Conference Paper 2017 (Solitary Confinement in Danish Prisons), available at dignity.dk

xxxv

This issue relates to SDG 16. Previous UPR recommendations during 2nd Cycle: Rec. 120.182 Ensure that the treatment of asylum

seekers remains in accordance with the international conventions and protocols that Denmark has signed up to (supported).

xxxvi

Report about Ellebæk, June 2019, available at https://www.ombudsmanden.dk/find/inspektioner/alle_inspektioner/ud-

laendingecenter_ellebaek/

xxxvii

See TV2: http://nyheder.tv2.dk/2019-03-10-afviste-sidder-indespaerret-i-ellebaek-i-op-til-halvandet-aar-det-her-havde-jeg-aldrig

xxxviii

CPT report 2020 and Shadow report Danish civil society to CPT March 2019 available at https://www.coe.int/en/web/cpt/-/council-

of-europe-anti-torture-committee-publishes-the-response-of-the-danish-authorities-to-the-report-on-the-2019-visit

xxxix

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 10.

Law 1057 of 24 October 2019, see https://www.retsinformation.dk/eli/lta/2019/1057

xli

New recommendation; no recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 10 and 16.

xlii

Law 717 of 15 August 2018.

xliii

This issue relates to SDG 8 and 10, CESCR art. 11(1) and General Comments no. 4 and 7. Previous UPR recommendations during 2nd

Cycle: Rec 120.172.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

xliv

ECSC Concluding Observation (2019), para 49: The Committee expresses concern at the shortage of affordable housing in the State

party, which is exacerbated by the growing trend in property acquisition by private investors who, under the 1996 Act on Temporary

Regulatio of Housi g Co ditio s, are authorized to i rease re ts up to the alue of the re ted d elli g art.

xlv

See https://menneskeret.dk/udgivelser/familier-paa-integrationsydelse

xlvi

This issue relates to SDG 5 and 8 and CEDAW art. 11 (1.d). Previous UPR recommendations during 2nd Cycle: Rec.120.154, Take

further active steps to create equal opportunities for both men and women in the labour market, and to bridge the gender wage gap

(supported).

xlvii

VIVE (National research Center for Welfare),

www.vivie.dk

and Statistics Denmark: https://www.dst.dk/da/Statis-

tik/emner/levevilkaar/ligestilling/ligestillingswebsite#4

xlviii

This issue relates to SDG 8 and 10 and CESCR art. 2 and 6. Previous UPR recommendations during 2nd Cycle: Rec. 120.172, Step up

efforts to tackle structural discrimination faced by minority groups, non-citizens and refugees, especially with regard to employment,

education, housing, health services, and access to justice. (supported) and Rec. 120.164, Strengthen the employment and education

rate among refugees and migrants (supported).

xlix

https://www.statbank.dk/statbank5a/default.asp?w=1536

Foreign-born adults are significantly less likely than Denmark-born adults to have a upper/post-secondary education (see

https://stats.oecd.org/index.aspx?DataSetCode=SHA#.)

lii

European

A ti Po ert

Net ork

, The i pa t of Co id-

o people e perie i g po ert a d ul era ilit ,

https://www.eapn.eu/the-impact-of-covid-19-on-people-experiencing-poverty-and-vulnerability-eapn-report/.

liii

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 1 and CRC art. 26-27. See also recommendations

45+46

the

CESCR,

2019:

https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?sym-

bolno=E%2fC.12%2fDNK%2fCO%2f6&Lang=en

liv

New recommendation; no recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 1. Note that in January

2000, the government established a commission with the purpose of re-evaluating the current system with specific focus on families.

Those most affected are between 20-39 years old, see https://www.dst.dk/en/Statistik/Sdg/01-afskaf-fattigdom/delmaal-02/indi-

kator-1

and

https://appsso.eurostat.ec.europa.eu/nui/,ow.do?dataset=ilc_peps05&lang=en;

https://ec.europa.eu/commis-

sion/presscorner/detail/en/STAT_16_3461.

lvi

Population whose housing costs exceeded 40% of their disposable income http://stats.oecd.org/OECDStat_Metadata/ShowMe-

tadata.ashx?Dataset=HSL&ShowOnWeb=true&Lang=en.

lvii

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 16 and CAT art. 1 and 16.

lviii

May 2020 The Danish Health and Medicine Agency, Monitoring Report on Coercion in Denmark: Since adopted baseline there has

been an increase or unchanged development in the generalized usage of coercion on adults and in children in Denmark. The total

number of people affected by coercion remains well above the desired level as well. ln two cases, the patients had apparently been

under belt restraint for 10 and 13 months.

lix

2019 The Danish Health and Medicine Agency (November) Monitoring Report on Coercion in Denmark and 2013

–

data report on

coercion in psychiatry 2001 to 2012.

CRPD-Committee,

Co ludi g o ser atio s

; The Cou il of Europe s Co

ittee for the Pre e tio of Torture a d I hu a or

Degrading Treatment or Punishment (CPT) 2020; Committee against Torture Concluding observations 2016; Human Rights Committee

2016. The European Court of Human Rights have recently reviewed the matter in the case of Aggerholm

Denmark and concluded

that Denmark had violated article 3

lxi

This issue relats to SDG 16. Previous UPR recommendations during 2nd Cycle: Rec.120.101 Ensure equal access to public health for

lesbian, gay, bisexual and transgender persons, removing existing legislative barriers for access to gender reassignment-related treat-

ments (supported/noted).

lxii

LBK, Law no. 657 of 06/28/2019, § 21.

lxiii

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 3 and CAT article 16; ICCPR art. 7 and CRC Art.

37. See Annex 2 for further information about the situation for intersex persons in Denmark.

lxiv

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 10 and 16, CESCR art 2(2), 10 and 12. See ESCR

Committee (2019), para 26: Ensure that refugees have adequate access to health-care services, including by providing free interpreta-

tion or reimbursement of transportation costs, as needed.

lxv

This issue relates to SDG 4 and ICESCR art. 13. Previous UPR recommendations during 2nd Cycle: Rec. 120.157, Ensure continuous

schooling of children following the decision on placement in alternative care (supported) and Rec. 120.180, Ensure that asylum seekers

and children of refugees receive the same quality of education as other children in Danish schools (supported).

lxvi

Arbejderbevægelsens Erhvervsråd. (2018). Den sociale arv afspejler sig tydeligt i børns karakterer. https://www.ae.dk/si-

tes/www.ae.dk/files/dokumenter/analyse/ae_den-sociale-arv-afspejler-sig-tydeligt-i-boerns-karakterer.pdf.

See

also

https://www.oxfam.org/en/research/power-education-fight-inequality.

lxvii

https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1584545567722&uri=CELEX%3A52020SC0503.

UUI, Alm.del - 2020-21 - Bilag 87: Henvendelse af 18/2-21 fra Amnesty og DIGNITY, vedrørende anbefalinger til Udlændingecentret Ellebæk

This issue relates to SDG 5, CEDAW and the Istanbul Convention. Previous UPR recommendations during 2nd Cycle: Rec.120.72,

Continue progress to increase gender equality and protections for women and girls who encounter violence including enhanced im-

pleme

tatio of De ark s e isti g legal a d poli fra e orks supported . Further

UPR recommendations during 2nd Cycle: Rec.

120,113, 120.110, 120.108, 120.109, 120.106, 120.105 (supported).

lxix

https://mfvm.dk/fileadmin/user_upload/MFVM/Ligestilling/Andre_dokumenter/Handlingsplan_til_bekmpelse_af_psykisk_og_fysis

k_vold_2019_-2022__2_.pdf

lxx

A study of homicides in Denmark the past 25 years (1992-2016), published in 2020, see https://pure.au.dk/portal/en/projects/drab-

i-danmark-19922016(059c5a82-e4e6-4588-918f-d03bc101b718).html?

lxxi

Interviews by a Danish NGO-based outreach programme (2012-2018) with migrant women expose cases of economic, physical,

sexual, and psychological violence by abusers with both ethnic Danish background and ethnic minority background. The Danish Gender

Equality Action Plan (2019) concluded that old-fashioned gender roles in ethnic minority communities put women at risk of violence.

lxxii

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 16 and CRC.

lxxiii

lxxiv

lxviii

CRC art 12 and UN standard minimum rules for administration of justice for juveniles (Beijing-rules).

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 4 and 16 and CRC art. 42

lxxv

UNICEF 2019: New Survey https://www.unicef.dk/2019/09/30/danske-boern-og-unge-accepterer-vold-overvaagning-og-tortur/

lxxvi

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 4 and 16 and CRC art 16, 17, 19

lxxvii

lxxviii

No recommendation on this matter during UPR 2nd Cycle. This issue relates to SDG 10 and 16 and CRC art. 24 and 26

This issue relates to SDG 16, CRC art. 3, 6(2) and 9(1) and art. 10(1) and ICCPR art. 23-24. Previous UPR recommendations during

2nd Cycle:

Re .

, Gi e i porta e to guara teei g that refugees ho fall i to the ategor of ar refugees are gi e the

right to family reunification (supported). Further recommendations during 2

cycle: Rec 120.191, 120.186, 120,187 and 120.192

(noted).

lxxix

This issue is related to SDG 16, CRC art. 3, 6(2), 9(1) and Art. 10(1) and ICCPR Art. 23-24. Previous UPR recommendations during

2nd Cycle: Rec. 120.189, Take the necessary legal measures to ensure the right to family reunification of children aged over 15 years

(supported). Further recommendations during 2

cycle: Rec. 120.186, 120.192 (noted).

lxxx

SDG 16 and ECHR art. 8 and 14. 2nd Cycle: Rec. 120.186, Grant the right to family reunification to all refugees (noted).

lxxxi

The Europea Court of Hu a Rights has ade se eral judg e ts, i

hi h the Court has fou d that atio al authorities reje tion

of fa il reu ifi atio for LGBT+ perso s has ee a iolatio of their hu a rights, f. Pajić . Croatia app. o.

lxxxii

This issue relates to SDG 16 and the obligation to ensure durable solutions. Previous UPR recommendations during 2nd Cycle

120.39 (Noted).

lxxxiii

SDG 10. Previous UPR recommendations during 2nd Cycle: Rec. 120.176, Step up efforts towards the prevention of discrimination

against refugees and asylum seekers by repealing recent laws and methods perpetuating those practices (noted).

lxxxiv

This issue is related to SDG 10 and 16, ICESCR art. 3, 9, 11 and CRC art. 26-27. Previous UPR recommendations during 2nd Cycle:

Rec. 120.155, Continue strengthening social programmes for the most vulnerable sectors of the population, in particular children,

women, the elderly and those with disabilities belonging to minorities (supported). Further recommendations during 2

cycle: Rec.

120.34 and 120.176 (noted).

lxxxv

DRC report shows that more children in refugees families live in poverty than other children. Many refugees, who receive social

benefit, are experiencing a dire financial situation and have economic problems related to housing, medicine, food, transport, social

activities and their children´s activities in school, see https://flygtning.dk/media/5133282/vi-tager-jo-droemmene-fra-dem-under-

soegelse_lovaendringer_2019.pdf

lxxxvi

Law no. 174 of 27 February 2019.

lxxxvii

This issue relates to SDG 10 and 16. UPR Rec 120.178, Ensure that changes in the asylum laws and regulations are compliant with

international human rights standards (supported).

lxxxviii

Article 26 in the Danish Aliens Act.

lxxxix

The first case revoked the residence permit of a Somali man who had been in Denmark for 8 years, had an education, a steady job,

a wife (pending case) and a child born in Denmark, https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.infor-

mation.dk%2Findland%2F2020%2F07%2Ffoerste-sag-stoejbergs-paradigmeskift-somalier-faar-inddraget-opholdstil-

ladelse&data=02%7C01%7Cline.boeg-

sted%40drc.ngo%7C6669c3ae4297410a541208d84db1cad8%7C2a212241899c4752bd3351eac3c582d5%7C0%7C0%7C6373447732

96755378&sdata=1U5%2BkUFWbdnIMI2%2FozqOpasCjQSQCvjDvFEJLwsy2XA%3D&reserved=0

SDG 3 and 16 and CESCR, art. 12. Previous UPR recommendation during 2

Cycle: Rec. 120.176 (noted).

Law no. 729 of 8 June 2018.

See

https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Countries.aspx?CountryCode=DNK&Lang=EN

xciii

https://menneskeret.dk/sites/menneskeret.dk/files/media/dokumenter/udgivelser/ligebehandling_2019/egenbetaling_tolke-

bistand.pdf

xcii

xci