Case no. 2018 - 5033 Doc. no. 617448 Date 10-10-2018

Regarding questionnaire on “Empowering children with disabilities for the enjoyment of their human rights, including through inclusive education” – Human Rights Council resolution 37/20 on the rights of the child.

Question 1a:

According to Danish legislation regarding primary and lower secondary education, “The Folkeskole Act”, all children have a right to a satisfactory education offer. Municipalities and schools must offer all students, including students with special needs and disabilities, a teaching provision that meet the student's educational needs, and a school day, that is organized in order to take due account of the student’s special needs and needs for support.

With a change in the legislation in 2012, it was agreed, that more students in the public primary and lower secondary school (the “Folkeskole”) should be included in mainstream school classes with the necessary support and professional challenges - and not excluded for special needs education in special schools or special classes.

In order to support the development and learning of students as much as possible in mainstream school classes, differentiation of teaching, team formation and supplementary education can be used.

According to a municipal decision, teaching assistants may be used, which can help both the individual student and the class as a whole. In addition, by municipal decision, personal assistance may be provided to the individual student in order to help the student overcome practical difficulties that the student faces in school. This includes for example assistance to students with physical disabilities when a student needs the help of a personal assistant in various practical situations.

With the reform of the primary and lower secondary school entering into force in 2014, clear goals have been set out for the development of the primary and lower secondary school:

all students should be as capable as they can be,

the importance of social background must be reduced in relation to the academic achievements, and

the student's well-being will be improved.

An agreement has been reached with the municipalities to ensure that the work to create inclusive learning environments must be based on the individual child. The goal is to strengthen the general community of the primary and lower secondary school and strengthen the teaching for all children.

The Government and the municipalities agree to look at how the progression and well-being of the individual student can be followed.

A change in the Folkeskole Act was implemented in order to include the strengthening of inclusive learning environments by emphasizing that primary and lower secondary schools must be a place where all students develop in an academic and versatile way, including socially, and thrive in the academic and social community of the school.

In order to support the creation of academic and social communities and thus an inclusive learning environment in schools, the school board is required to develop principles for the school's work on students’ development in the academic and social communities of the school.

Question 1b:

Under the auspices of the education-learning consultants in the Ministry of Education, a number of supportive initiatives have been launched, including:

A 2018-2020 project that aims to strengthen the early and preventive cross-sectoral efforts for vulnerable children and young people. This includes establishing better cooperation between municipalities and child and youth psychiatry to ensure that knowledge and tools from the child and youth psychiatry find its way into the primary school to a greater extent.

Strengthened guidance on inclusive learning environments at EMU.dk. The project is being implemented in cooperation with a number of partners. The ADHD Association and the National Association Autism are specialists in their respective fields. The material is expected to be published in autumn 2018.

The importance of language for inclusive learning environments.

Research and development projects on:

a. Parental cooperation - parents as active participants in an inclusive learning environment

b. Physical frames supporting an inclusive learning environment

c. A longer and more varied school day with a inclusive perspective

d. Good cooperation between school, leisure and local actors.

e. Well-being and student involvement.

Question 2:

The Danish Disability Council acts as an advisory body to the Government and Parliament on issues relating to disability policy. The Council can take initiatives and propose changes in areas affecting the life of persons with disabilities and their living conditions. The Danish Disability Council also contributes to various campaigns, which aim to raise awareness surrounding persons with disabilities in society and promote understanding and respect for their rights.

“The Act on Social Services” states, that the municipalities in cooperation with the parents shall involve the child or young person with impaired physical or mental function when identifying the needs of the individual child or young person. The child’s or young person’s own wishes, age and maturity as well as the best interest of the child or young person must be talking into account.

Furthermore, the municipalities shall establish a family counselling scheme designed specifically for families with children under the age of 18 with considerable and permanent impaired physical or mental function. Counselling shall be offered, within three months after the date on which the municipal council is informed that such level of impairment has been recognized.

The objectives of the Act on Social Services are for example to improve the capability of the individual recipient to be self-reliant, or to facilitate his/her daily life and enhance their quality of life.

The municipal council shall for example provide 15 hours of attendance a month to young persons between the ages of 12 and 18 whose freedom of movement is impeded due to a substantial and permanent impairment of physical or mental function.

In order to further qualify the casework in the municipalities, especially concerning cases of children with disabilities, a caseworker tool has been developed. This tool supports systematic and holistic casework and a better match between the individual child and the support given by the municipality. By using the tool, the municipal employees can ensure that all relevant circumstances are known, including the point of view of the child to the furthest possible extent.

Question 3:

Reaching the most vulnerable is the priority of Danish humanitarian assistance. Children and in particular children with disabilities are among the most vulnerable in crisis situations.

In December 2017, Denmark joined the ‘Charter for inclusion of people with disabilities in humanitarian action’ – an important signal to our partner organisations to ensure inclusion of persons with disabilities, including children with disabilities, in the Danish funded humanitarian assistance.

Denmark has strategic partnership agreements with UNICEF and Save the Children Denmark among others. In accordance with these agreements, Denmark contribute to the organizations’ efforts to protect children and promote children’s rights in humanitarian crisis, including children with disabilities and children in need of mental health and psychosocial support.

Question 4:

Reference can be made to the abovementioned answer to question no. 3, including the obligation for the municipalities to hear children with disabilities and take wishes of the individual child into account.

Question 5:

In accordance with article 33 in the UN Convention on the Rights of Persons with Disabilities (CRPD), the Danish Parliament nominated The Danish Institute for Human Rights as the independent body monitoring the implementation of the CRPD in Denmark. In addition, the Danish Parliament set up the Danish Disability Council in 1980, which consists of an equal number of representatives from public authorities and Organisations of Persons with Disabilities (DPOs). The Council has a dual role to advise public authorities, including the Danish Parliament, and to monitor the application of regulations, legislation and practice on matters related to disability.

Furthermore, the Danish Parliament has elected an Ombudsman to monitor the state and municipal authorities. The Danish Parliamentary Ombudsman can investigate complaints over public authority decisions, treatment of citizens of all ages, and in all cases including disability. The Danish Parliamentary Ombudsman may also take up cases on his own initiative and carry out investigations on the casework of public authorities.

Additionally the National Social Appeals Board is the appeals body for administrative decisions. The National Appeals Board is an independent state appeals body. Citizens can appeal the administrative decisions made by the municipal authorities to the National Appeals Board.

Finally, in May 2018 the Danish Parliament adopted a bill on cross-sectoral prohibition on discrimination of all persons with disabilities. The new law makes it illegal for both public and private service providers outside the labour market to discriminate against a person due to a disability.

Question 6:

For the time being Denmark does not have disaggregated national data on children with disabilities, and it is not possible to describe the inclusion of this group. Denmark is fully aware of this lack of national data concerning children with disabilities and is currently working on obtaining better data in this area.

Based on national data, the precise number of children living in institutions and care facilities in Denmark in general is available, but due to the lack of national data on children with disabilities, it is not possible to provide a precise number of children with disabilities within this group.