COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF DENMARK
The Committee on the Rights of the Child today reviewed the third periodic report of Denmark on how that country is implementing the provisions of the Convention on the Rights of the Child, and the initial report on the implementation of the Optional Protocol to the Convention on the involvement of children in armed conflict.
In opening remarks to the Committee, Kim Vinthen, Head of the Human Rights Unit of the Ministry of Foreign Affairs of Denmark, said domestically, many children benefited from the advantages of a comparatively rich society, a society that tended to focus on the best interests of the child through the creation of favourable conditions for the family as such. The Government was very conscious of efforts to find new and innovative ways and means to optimise conditions for the family, including the rights of the child. In the international context, Denmark was strongly committed to international cooperation for improving the livelihood and conditions of children.
In preliminary concluding remarks, Committee Chairman Jacob Egbert Doek, who served as co-Rapporteur for the report of Denmark, said extensive and exhaustive answers had been received, and these would help in drafting the concluding recommendations that would hopefully be well targeted and helpful in further implementing the Convention in Denmark. Denmark did have the means and ways of achieving serious progress with regard to implementation, and the Committee was confident, given the content of the report and the quality of the replies, that it would continue in improving its implementation as far as possible, and was looking forward to receiving the next report in time, as had been the case so far.
Other Committee Experts raised questions related to, among other things, issues linked to asylum seekers; xenophobic attitudes and perceptions; justice; whether a child help-line covering Denmark and Greenland that would work 24 hours a day could be established; and whether accompanied child asylum seekers had access to health and education services.
The Committee will release its written observations and recommendations on the reports of Denmark towards the end of its three-week session, which will conclude on 30 September.
The delegation of Denmark consisted of representatives of the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Family and Consumer Affairs, the Department of Family Affairs, the Ministry of Employment-National Working Environment Authority, the Ministry of Refugees, Immigration and Integration Affairs, the Ministry of Education-National Education Authority, the Ministry of Social Affairs, the Home Rule Government of Greenland-Ministry for Families and Justice, and the Permanent Mission of Denmark to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Denmark is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
The Committee will meet in private on Tuesday, 27 September to consider its final observations and recommendations on country reports already considered this session. When it reconvenes in public on Wednesday, 28 September at 10 a.m., the Committee will consider the third periodic report of the Russian Federation.
Reports of Denmark
The third periodic report of Denmark (CRC/C/129/Add.3) states that Denmark has been submitting its reports as a signatory and party to the International Convention on the Rights of the Child since 1995. The object of the report is primarily to present an overview of the measures taken in the reporting period to improve children’s living conditions in Denmark. In addition, the report includes relevant statistical material and other objective information of importance for the practical implementation of the Convention in Denmark. Basically, the report covers the period 1998 to 2002. However, the description of current legislation has been updated to the end of March 2003. Where possible, the report also includes information about legislation adopted later as well as future measures whose final outcome may depend on the passing of a bill or the completion of an examination, but which are nevertheless estimated to serve as illustration of current political trends in a given area.
The Convention on the Rights of the Child applies to Greenland and the Faroe Islands as well. The report therefore also reviews children’s conditions in Greenland, while a corresponding chapter concerning the Faroe Islands is in preparation and will as soon as possible be transmitted to the Committee and made accessible on the Internet.
On the incorporation of the Convention into children’s policies and programmes and the elaboration of a comprehensive strategy for children based on the Convention on the Rights of the Child, it may be reported that when taking office in November 2001 the present Government decided to discontinue the Government’s Child Committee and the committee of civil servants operating in parallel with it, called the Inter-ministerial Child Committee. The inter-ministerial cooperation in the child area is naturally continued, but in a form that reflects the specific tasks at hand to a higher degree. It is currently being considered whether there is a need to change children’s individual access to complaints mechanisms. However, it has not yet been found necessary to establish an independent complaints body. One of the reasons is that Denmark has numerous good care measures, and there is well-developed supervision of these measures.
The initial report of Denmark (CRC/C/OPAC/DNK/1) on the Optional Protocol to the Convention on the involvement of children in armed conflict states that the Optional Protocol entered into force for Denmark on 27 September 2002. In connection with the ratification Denmark submitted a declaration of 13 August 2002 pursuant to article 3, paragraph 2, of the Optional Protocol, stating that Danish legislation does not permit the recruitment of any person below the age of 18 in the armed forces since 1998.
The minimum age was raised owing to a decision that Denmark should work more actively towards a general minimum age of 18 years for compulsory and voluntary recruitment to the Armed Forces in the negotiations on the Optional Protocol. As for private first class trainees and private first class personnel, the decision to raise the minimum age to 18 years came into force at the end of May 1998. Thus, the minimum age for voluntary military service in all services of the Armed Forces is 18 years. As for conscripts, the decision to raise the minimum age to 18 years came into force on 1 January 1999.
As a principal rule, the process of compulsory recruitment begins after the person concerned has attained the age of 18 years. However, at the request of the person concerned the process may begin in the calendar year during which the person concerned attains the age of 18 years. As for voluntary members of the Danish Home Guard, the decision to raise the minimum age to 18 years came into force on 1 March 2001. This minimum age is laid down in the Home Guard Act, cf. Consolidated Act No. 80 of 12 February 2004. As follows from the above, no person can become a member of the Danish Armed Forces before the person concerned has attained the age of 18 years. The age of 18 years is determined from the date of birth of the person in question.
Presentation of Reports
KIM VINTHEN, Head of the Human Rights Unit of the Ministry of Foreign Affairs of Denmark, said the Danish Government considered the effective and independent international monitoring of compliance with international human rights standards a priority, and indeed it was one of the five top priorities of Danish international human rights policy. The Government was firmly committed to ensuring that Denmark acted with its international obligations at all times, and therefore welcomed scrutiny and the opportunity to discuss the implementation of the obligations laid down in the two international instruments under review. In reporting, the aim had been to address issues comprehensively and diligently.
Domestically, many children benefited from the advantages of a comparatively rich society, a society that tended to focus on the best interests of the child through the creation of favourable conditions for the family as such. The Government was very conscious to find new and innovative ways and means to optimise conditions for the family, including the rights of the child. In the international context, Denmark was strongly committed to international cooperation on improving the livelihood and conditions of children. The fight against poverty was the overall objective of all Danish development cooperation, and investing in children was an effective means of achieving poverty reduction to the benefit of children and young people and also society as a whole.
With the ambition of enhancing the interest of children, the Government had established a Ministry of Family and Consumer Affairs in 2004, one of the main goals of which was to coordinate and prepare legislation and projects concerning children and their families, and its responsibilities included maternity/paternity leave, and day-care facilities for children. To support a good and harmonious family life, the past few years had seen a number of initiatives to ensure that the family was capable of creating the common life that suited the individual family. The field of juvenile justice had also received much attention in recent years.
KRISTEN OLESEN, Ministry for Families and Justice, Home Rule Government of Greenland, said there had been comprehensive reforms with regard to children and youth in Greenland, and a multiplicity of activities had been implemented and initiated to ensure the rights of the child. These reforms were characterised by the explicit use of the Convention in the legislation, emphasising the Government of Greenland’s commitment to the Convention. The school system had a new foundation and guidelines for the education of children and young persons, with the aim of contributing to the development of the knowledge, skills and social development of the young, with the aim of reducing the high dropout rate. Starting from the needs of the child, decisions were made with regards to their needs. Most children lived well, but a small group were exposed to neglect and abuse, and there were many efforts, both locally and nationally, to remedy this situation.
Questions by Experts
DAVID BRENT PARFITT, the Committee Expert serving as Rapporteur for the reports of Denmark, said that the Committee looked forward to a day of candid discussion with the delegation, as the country had a long history of democratic rule, and its contribution to the welfare of children internationally was known and respected. The information provided in the report was very useful. Denmark had made notable progress in the implementation of the Convention since the previous report, and a number of initiatives were evidence of this. Legislative changes and Acts were also clear indications of Denmark’s commitment to the Convention.
There had been increasing consideration given to the views of children under the age of 12 in administrative decisions. A Youth Forum and Parliament had been formed to advise the Government on youth issues. Provisions had been introduced to report on criminal proceedings on those working with children under the age of 18. Notwithstanding these and other positive initiatives, the Committee had concerns that some recommendations made with regards to previous reports had not been acted on, and there were some general concerns, including the lack of statistical data from Greenland and the Faroe Islands. There was a need to know the role of the Youth Council in Government decisions. There was also concern about the high levels of alcohol consumption, issues related to child justice and imprisonment, integrated schooling for children with disabilities, and, among others, issues related to immigration and social policies that could be discriminatory.
The issue of xenophobia, and the lack of response by the State to this issue, had been raised by other Committees, and this would be repeated here. The Convention should be integrated into domestic law, as children would benefit from this, as it would eliminate differing applications of the law on the local level, and would clarify issues such as the State’s responsibilities towards children. The State had no focal point in the Government to coordinate children’s policies in the country, and this did not serve children’s interests. There was also no National Plan of Action for children. The delegation needed to respond to these issues, as well as to the lack of implementation of previous recommendations. The Committee hoped that any concerns raised would not detract from the exceptional work of Denmark in furthering the rights of its children and those of children around the world, as Denmark was one of the world’s leaders in the implementation of the Convention.
Other Experts then raised various issues, including that of justice, which was of interest to several Experts, one of whom asked which would prevail when there was a conflict between the Convention and domestic law. Another Expert pointed out the lack of data on infant criminal responsibility, as well as on the solitary confinement of minors. A lack of information on the total funds appropriated by the courts was also pointed out.
Issues linked to asylum seekers were also a concern to Experts, particularly in the context of xenophobic attitudes and perceptions. An Expert pointed out that was again no data on unaccompanied minors who had not been granted asylum. Another Expert asked whether there had been any complaints of outbreaks of maltreatment among institutions for asylum seekers, and what investigation procedures and punishment were in effect for those who carried out these acts.
Other questions covered a lack of information on the relationship between the Government and non-governmental organizations; the lack of data on adoption within the country, on infant and child mortality, and on suicide; whether the Youth Forum had been assessed; how the Youth Parliament was set up; how the code of use for the Internet that had been developed by the Government for children was respected and how respect was monitored; whether there was any regulation on the sale of violent video games; and how the Convention was disseminated.
Many Experts also congratulated Denmark for its work on children, both at home and abroad.
Response by Delegation
Responding to these questions and issues, the delegation of Denmark said the Convention’s provisions were fully implemented without being incorporated into law. When ratifying the Convention, domestic law and practice had been assessed to determine whether any changes were necessary before incorporation. Domestic law and practice was in agreement with the Convention, and the provisions were fully respected. The Convention was a relevant source of law and could be invoked before courts of law and other authorities. Incorporating the Convention would only be a symbolic act and would change nothing. The Government took its international commitments very seriously indeed, and the question of the incorporation of the Convention was not a question of compliance, but a question of the methods and techniques for its implementation.
Denmark had a dualist system, which meant that international instruments were not always incorporated into national law, but treaty provisions were followed closely and were applicable before the courts and national authorities, the delegation said. In cases of interpretation, practice was that this be with regard to international commitments. The Convention was commonly known among judges and lawyers.
An Expert intervening here recommended that, notwithstanding this, Denmark should incorporate the Convention, a view which was echoed by two other Experts. An Expert also pointed out that no one was perfect, and that some laws could be in contradiction with the Convention. Responding to these comments and questions, the delegation said that even if national law was in conflict with the Convention, the Convention prevailed.
On the organizational set up in Denmark and on what institution served as a focal point for children’s policies and the coordinating body on issues concerning children, the delegation said the Ministry of Family and Consumer Affairs had been set up in 2004, and its most important task and object was to coordinate children’s views and family policies. There had been a permanent standing committee for children, which was inter-Ministerial, and this was closed when the new Government assumed power. The provisions of the Convention were broadcast in many areas, including out in the country areas. The Ministry had made proposals on new legislation, and the Youth Forum was used for this as well as to sound out the views of young people on a wide range of issues, but it was not very well known. Attention was being given to transform the Forum into a web-based forum in which a lot of young people could participate.
With regards to the Youth Parliament, it had been held this spring at the Danish Parliament, the delegation said. The recommendations had been sent to the Danish Parliament and it would take them seriously when it reconvened next week after the summer break. Recommendations were often very concrete on the local level, but were dealt with generally. On the dissemination of the Convention, there was an education in human rights on a wide level, which was included among many subjects taught at school. On children with disabilities, negotiations were now being held to change the present law on teacher education, and one of the things being discussed was whether teaching about and to children with disabilities would be increased. Within the dialogue with local municipalities, there were regular meetings to encourage children’s participation. On physical access for children with disabilities, this issue was recognised, and a new National Authority would be established which would, inter alia, deal with this issue.
Regarding dissemination and the follow-up to the recommendations, these would be posted on the Government Internet site, and the concluding observations would be disseminated to Parliament, as had been the case with the report. In addition, the ministries present today would be gathered in order to set in motion at an early stage the Danish follow-up, and this was a new element which would underline the commitment to ensure effective follow-up. There were some holes in the data-collection system, and this was why the Experts had pointed these out. Denmark would try even harder to include the data next time that was lacking this time. There was a lack of data on Greenland, but it was available on many health issues and social issues and demographic issues which were very important in Greenland; but on other issues there was no data. However, there was some improvement of the situation, and a documentation centre had recently been established on conditions for children and young persons.
On the issue of integration in schools, the delegation said the Government had a plan, but it was up to national authorities to implement it - and if this was not the case, inspections would have to be made. On development assistance, the slight decrease noted by the Committee was acknowledged, and the delegation would inform the Government. However, this assistance was still over that stipulated in the Millennium Development Goals. The observations and recommendations of the Committee played a prominent role, as did those of other United Nations Committees in development assistance.
Questions by Experts
During the second round of questions, the Rapporteur, Mr. Parfitt, noted that with respect to xenophobia in the media, there were some disturbing reports that there had been an increase, and he asked what had been done by the Government to prevent the rise of this phenomenon, which had been mentioned before by treaty bodies. There were significant numbers of cases with regard to sexual abuse within and without the family, and the police had been taking action, and he asked whether there were preventative programmes and threads within education with regard to this. Issues related to alcohol abuse, in particular with regard to a lowering of taxes on them and cigarettes, and adolescent drinking figures were also of interest to the Rapporteur.
Other Experts raised questions on what was the Government’s policy or position on the Education for All Dakar Framework on making education accessible and adaptable for all children; whether a child help-line covering Denmark and Greenland that would work 24 hours a day could be established; whether accompanied child asylum seekers had access to health and education services; what were the large number of child disappearances due to and whether the Government was disturbed by this; whether the provisions for solitary detention of children did not go counter to the Convention; infant mortality rates and other issues linked to health such as obesity-countering efforts and mental health; and figures on child bullying.
Response by Delegation
Regarding maltreatment in prisons and abuse of children in institutions, as contained in the supplementary explanations, there was no statistical data available, the delegation said. There was also no knowledge of such cases either. As for asylum seekers, only one concrete example had appeared, where a child had been removed from the biological parents last year in order to protect the child from social problems and had been put into care with a Danish family. There were no other reported cases of maltreatment in the asylum centres. When a child was placed in alternative care, in general, most of the complaint forms available were managed by the parents, but it was possible to complain about a home or institution from the age of twelve, and to complain on all topics from the age of fifteen. There was comprehensive instruction on the treatment of 15 to 17 year olds in prison and very detailed regulation on serving and sentencing of minors, and detailed rules of complaint.
A child always had the right to go to the Ombudsman of their Parliamentary representative, but there was a Child’s Ombudsman who worked as a general base for complaints, the delegation said. With regards to xenophobia in the media, there had been a lot of concern in this regard. The media had the same freedom of expression as anybody else, and when they wrote things it was a question of expressing this freedom. However, this freedom was limited by the Danish Penal Code in which it was criminal to deliberately express things about a person’s religion, colour, ethnicity, race or sexual beliefs, as well as others, and this applied to the media and persons, including incorporated and legal entities. There was a special Act on media liability.
There was legislation which prevented discrimination in the labour market, the delegation said, and this prohibited direct or indirect discrimination as well as harassment, the delegation said. Persons who felt they were the victims of discrimination, including children, could complain to the Commission for Equal Treatment, an independent organ monitoring human rights. Once a complaint was launched with the new complaints mechanism, the Institute for Human Rights assessed the case and issued guidelines on what steps could follow, and there were various options in this regard.
On the code of conduct on Internet games, the delegation said it had not managed to track this down, but there had been a campaign for safe chat on the Internet, the main point of which was the establishment of three main websites providing advice, interactive games, stories from the real world and debates for young children and adolescents, and for parents and teachers advice, and campaign and educational material. According to a new policy programme, the Government had decided to focus on the education of youths. Currently, 78 per cent of those leaving primary school enrolled in secondary education, and the goal was to raise this to 95 per cent over the next few years, and in this there would be more focus on vocational education and training.
In the context of poverty, vulnerable groups and adoption, the delegation said in the past year there had been an ongoing discussion on poverty in families. The Minster of Social Affairs had promised on Friday to listen to the non-governmental organizations and make it possible for those on children’s affairs to submit a report on how they regard the development of poverty among children in Denmark. The Government had reported in 2004 on the low-income group, to which 40,000 children belonged. However, it should be stressed that even if this was a high number, a report by Save the Children from 2004 showed that very few experienced poverty throughout childhood, and the average length for this was between 1 month and 1 year. Some years ago the Government launched an action plan on remedying negative social heritage, and this autumn a new action plan would be launched, as this was the primary problem for children and an obstacle to a good future.
The divorce rate was high, the delegation said, and a pilot project had been launched by the Ministry on Family and Consumer Affairs, with the aim of giving couples advice on how to get their marriage to work, and also, if this did not work, then the couple was given advice on how to make the divorce easier, especially if they had children. The focus was not therefore to reduce the divorce rate, but to make the experience easier for children. Education was compulsory and this also applied to asylum children, including those who were under the obligation to leave the country once their petition had been rejected. Asylum children had to receive the same education as those having bilingual education elsewhere in the country.
On forced marriages and female circumcision, the Government action plan for 2003-2005 on quasi, forced and arranged marriages contained methods for persuading ethnic men and women to choose their own partners. The Government had given economic support to the establishment of residential facilities for girls and women who had been forced into marriage or were at risk of being forced, or those who were at risk or were threatened by violence. A telephone hotline for ethnic adolescents was being planned. There was an Association against Female Circumcision, and the Government’s action plan to stop men’s domestic violence against women and children included ethnic minority women and children and young people, among other things. For children living with domestic violence, treatment was provided for children and the perpetrators in order to change their behaviour. The Government had taken a great interest in combating domestic violence, whether the victim was a woman or a child, as violence in the family gravely affected the child.
Regarding the disappearance of asylum-seeking children, the delegation said it could not say anything more than it had before. Some such children did disappear, and it was the impression of the Immigration Service that such children disappeared because Denmark had not been the planned destination country, and this was all that was known. Solitary confinement was not used as a punishment. The Administration of Justice Act noted that the purpose of solitary confinement, the use of which was always by a court decision, was as a pre-trial detention measure used if the accused would otherwise obstruct justice and/or the investigation of the case. Solitary confinement could only be used if the objective could not be attained by a less severe measure, and only after an assessment. Criminal behaviour was not only a problem for society, but also one for the child, as it was extremely damaging for the child’s possibility to have a good adult life, as it damaged possibilities of getting education and a job, due to having a criminal record.
On age limits for the purchase of alcohol, the delegation said that the age limit was 16 in Denmark, and 18 in Greenland. In Denmark, no child should be served alcohol under 18 years of age. There were annual campaigns which took place under the headline of the Week 40 Campaign, and this was aimed at sensitising the population as a whole, including children, to alcohol abuse and its negative effects. The reduction on alcohol taxes took effect in 2004, and the consumption of alcohol since that date had actually fallen. Alcohol advertising was limited by voluntary agreements between producers, the Government, and consumers. There were exceptions, in that advertising on television and radio was limited to a certain extent and had to display special attention to children and youths who were vulnerable. On sexually transmitted diseases, a television campaign had been launched on chlamydia to inform children and young people of the risks of this disease. With regards to obesity, there was general appreciation that this was becoming a problem, and steps had been taken to reverse the trend, in particular with regards to children. There was an Action Plan, but it was still too early to assess the results of that Plan.
In cases where employees worked directly with children under 15 years old and had been charged with a sexual offence with regards to children, this would be reported by the Government to the employer, with the aim of preventing people who sexually abused children of contacting children and possible new victims. There was also a new initiative that made it an obligation for employers that had employees who worked with children under 15 to get a child certificate from the police that showed if the person had been formally charged with offences of a sexual character towards children. Sex tourism had been very much debated, including the problem of Danes who went to other countries and had sex with minors where it was not punishable. The general idea was that this would have to be punishable both in the country of origin and the country of offence, so the Government had asked a Committee to examine this, and it was expected that changes would be recommended to the effect of changing this.
With regards to freedom of religion, all children had, according to law, a custody holder who determined the religious upbringing of the child. The child had no right to seek its own religion, but the custody holder had no right to stop the child from participating in any particular religious ceremony. On the infant mortality rate in Greenland, which was rather high, it was important to realise that there were long distances between places, no roads or trains between towns and transport was mainly by boat and plane, and this played a role on how quickly a problem could be addressed with regards to birth and pregnancies. This high infant mortality rate had been recognised for many years, and several measures had been taken. There was no information on drug abuse in Greenland, it was either hashish or one other type of drug, and the police or the health authorities had found no other drugs. Alcohol abuse was a serious problem in Greenland, and there were a lot of targeted initiatives to beat it, and this was being successful, with the level of abuse about the same as in Denmark and other European countries.
Discussion on Report on Optional Protocol on Children in Armed Conflict
Experts asked questions on the initial report on the Optional Protocol on the involvement of children in armed conflict, and an Expert noted that in general Denmark had no problems with the implementation of the Optional Protocol. Questions included whether there were children who came to Denmark as asylum seekers or refugees who had been involved in conflicts, and whether there was a programme to support them; whether there were schools that provided military exercises for children; and whether humanitarian issues were taught in schools.
The issue of children in armed conflict was only one aspect under the general prioritisation of children in Denmark, the delegation said, and therefore of course it took into account and tried to alleviate the problems encountered by these children. The European Union guidelines in this respect were very good, and had been in force now for just over a year. These guidelines were up for evaluation at the end of the year. Denmark attached major political importance to the issue of children involved in armed conflict. Children asylum seekers that were victims of armed conflict were received in Denmark, and consideration of their possible trauma was taken into account when deciding the asylum application. To the delegation’s knowledge, there were no cadet schools that engaged with children under the age of 18.
Preliminary Observations
JACOB EGBERT DOEK, the Committee Chairperson serving as co-Rapporteur for the report of Denmark, said in preliminary concluding observations that in the area of best interests, there had been no response on why placement out of home would be prolonged, even when the goals of that placement had been achieved. Further information was required on the Faroe Islands, as it was unclear with regards to the status of the Convention in that location. Further, there was a need for more vertical coordination between local and main Government authorities. Really extensive and exhaustive answers had been received, and these would help in drafting the concluding recommendations that would hopefully be well targeted and helpful in further implementing the Convention in Denmark. Denmark did have the means and ways of achieving serious progress with regard to implementation, and the Committee was confident that, given the content of the report and the quality of the replies, that it would continue in improving its implementation as far as possible, and was looking forward to receiving the next report in time, as had been the case so far.
For use of the information media; not an official record
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