COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES CONSIDERATION OF DANISH REPORT

AFTERNOON
HR/ESC/99/13
3 May 1999




A Danish delegation told the Committee on Economic, Social and Cultural Rights this afternoon that registered couples of the same sex were entitled to the same status as married couples.

The remark came as the Committee continued its consideration of the third periodic report on how Denmark was implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.

In the course of the Committee's consideration of the report, the members of the Danish delegation said that since 1989, it had become generally known among employers that cases concerning dismissal during pregnancy and maternity leave were difficult to win and discrimination against pregnant women and women on maternity leave was prohibited.

Committee experts also posed questions on various topics including discrimination in financial treatment of newly arrived and old refugees; lower salaries in the public sector than in the private one; the phenomenon of single parenthood; the problem of drug-addiction; and the high rate of suicide, among other things.

Denmark, as one of the 139 State parties to the Covenant, has to submit periodic reports to the Committee on its compliance with the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Tuesday, 4 May, it will continue its review of the report of Denmark.


Discussion

In response to the numerous queries put to the delegation during the morning meeting, the members of the Danish delegation said that a series of legal instruments existed on equal pay and treatment of women and men and prohibition of discrimination on the labour market against women and minorities. The Act on Equal Payment ensured that every employer had to give the same pay to the same work or for work of the same value to women and men. An employer had to prove, in the case of differential treatment in pay for men and women, that the work in question was not work of the same value.

Further, the delegation said that 25 rulings on equal pay had been made by the industrial court; about half of those cases had been won and half had been lost. However, since 1989, it had become generally known among employers that cases concerning dismissal during pregnancy and maternity leave were difficult to win. The Act on Equal Treatment prohibited discrimination against pregnant women and women on maternity leave. In addition, courts had imposed a duty on employers to prove that dismissal of pregnant women and women on maternity leave was not due to pregnancy or maternity.

Regarding the social security scheme, the delegation said that older people and people with a reduced working capacity were provided for by assistance granted under the law. Old-age pension was paid for everyone over the age of 67. Everyone was paid the same amount of old-age pension, said the delegation.

Concerning the right to strike, the delegation said that in Denmark there was freedom to take collective industrial action, including to strike, picket, lockout or boycott. However, threats of violence were unlawful and the same applied to physical picketing. The right to strike was regarded as closely linked to the freedom of collective bargaining.

Questions were raised on why new refugees received less social assistance fund than the refugees who arrived in the country before them; why employees working in the public sector received lower salaries than those in the private sector; and the rights of married couples and unregistered couples. Some experts wanted to know what responsibilities were imposed on couples, such as homosexuals, in adopting children. Were homosexual couples or registered partners of the same sex allowed to bring up a child by adoption? If so, did the children have the same status as children born within wedlock? An expert asked about the legal status and the legal instrument that was attached to regularize the registered partnership.

Experts also asked about the phenomenon of increasing number of children of single parents. What percentage of Danish children belonged to single parents? How were they treated within the society? Did they lack affection of both parents.

The delegation said that in Denmark, by accepting the registered partnership of the same sex, people believed in a broader sense of family life. The manner in which such couples could adopt children was actually under public debate. The registered couples were entitled to the same rights as married couples. In addition, the law on divorce was equally applicable to the registered partners. Nevertheless, with few exceptions, registered partnership had the same legal effects as marriage between the opposite sexes, said the delegation.

Committee experts also raised questions regarding drug abuse, the alarming high rate of suicide in the country, and the situation of health in general. The delegation said it would provide responses to the questions tomorrow.