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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS FOURTH PERIODIC REPORT OF DENMARK

11 November 2004

Committee on Economic, Social
and Cultural Rights 11 November 2004


The Committee on Economic, Social and Cultural Rights has reviewed the fourth periodic report of Denmark on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Kim Vinthen, Deputy Head of Office at the Ministry of Foreign Affairs of Denmark, said that meeting the economic, social and cultural needs of the Danish population had always taken centre stage in the State’s policies and had been a priority for succeeding Danish Governments. While improving its national economic, social and cultural standards, Denmark had never lost sight of the needs of developing countries. Denmark's development assistance amounted to 0.84 per cent of its GDP, placing the country well above the United Nations target of 0.7 per cent.

Over the course of the discussion, Committee Experts raised questions on a series of issues including migrant workers, asylum seekers, gender equality, persons with disabilities, employment policies, and indigenous people, among others.

Several Committee Experts raised questions concerning homelessness. In response, the delegation said there were more than 11,000 homeless persons in the country and the Government had given priority to dealing with the problem. Further measures had also been taken by the State to integrate immigrants and refugees by improving the employment policy.

The Committee will issue its concluding observations and recommendations on the report of Denmark at the end of its three-week session on 26 November.

Other members of the Danish delegation included representatives of the Ministry of Foreign Affairs, the Greenland Home Rule Government, the Ministry of Justice, the Ministry of Refugees, Immigration and Integration Affairs, the Ministry of Education, the National Directorate of Labour, the National Labour Marked Authority, the Ministry of Social Affairs and the Permanent Mission of Denmark in Geneva.

Denmark, as one of the 150 States parties to the Covenant, is obligated to submit periodic reports to the Committee explaining how it is giving effect to the provisions of the treaty. The 12-member Danish delegation was on hand during three meetings to introduce the report and supply answers to questions raised by Committee Experts.

When the Committee reconvenes at 10 a.m. on Monday, 15 November, it will take up the fourth periodic report of Italy (E/C.12/4/Add.13).

Report of Denmark

The fourth periodic report of Denmark (E/C.12/4/Add.12) states that no changes have occurred in legislation and legal practices since Denmark last reported to the Committee in 1997. Denmark regards the right of peoples to self-determination as also being applicable to indigenous peoples. The State has ratified ILO Convention no. 169 concerning indigenous and tribal peoples in independent countries and it is applied to the indigenous people of Greenland. The Home Rule Act for Greenland fulfils the obligations of the International Covenant on Economic, Social and Cultural Rights. Greenland Home Rule is an extensive type of self-government.

All persons legally residing in Denmark have equal rights in almost all respects regardless of their nationality, the report notes. Also, everyone is protected by the general legal principles of equal treatment in the public administration of Denmark. The country’s specific anti-racism and non-discrimination legislation consists of various elements including the Criminal Code, which prohibits the dissemination of statements or other messages whereby persons are threatened, scorned or degraded on the basis of their race, colour, religious beliefs, political observation, sexual orientation or national origin.

The report says that promoting gender equality is an important issue in Denmark. The Minister of Gender Equality has set up an inter-ministerial steering committee whose task is to work on implementing the mainstreaming strategy in all areas of the public sector. With regard to employment, there is no discrimination in Denmark concerning freedom of choice of employment. The conditions of employment do not infringe upon fundamental political and economic freedoms of the individual.

Presentation of Report

KIM VINTHEN, Deputy Head of Office at the Ministry of Foreign Affairs of Denmark, noted that over the past 150 years, his country had developed a stable democracy built on the rule of law and a firm political intent to create equal opportunities for all members of its society. Meeting the economic, social and cultural needs of the Danish population had always taken centre stage in the State’s policies and had been a priority for succeeding Danish Governments. Around 50 per cent of the country’s national budget was devoted towards those ends.

While improving its national economic, social and cultural standards, Denmark had never lost sight of the needs of developing countries, Mr. Vinthen said. In 2003, Denmark’s development assistance amounted to 0.84 per cent of GDP, placing the country well above the United Nations target of 0.7 per cent. That reflected a genuine sense of solidarity with the less privileged nations of the world. Denmark would continue to shoulder its part of the global responsibility for development.

Mr. Vinthen further said poverty reduction had been and continued to be the most fundamental objective of Danish development assistance. At the United Nations Millennium Summit in September 2000, together with the other United Nations Member States, Denmark had committed itself to playing an important part in reducing global poverty by 50 per cent and to eradicate world diseases, illiteracy and discrimination against women by 2015.

With regard to the incorporation of the Covenant into Danish law, the Government had underlined time and again that the international human rights conventions which it had ratified should be respected, Mr. Vinthen said. However, that did not imply that the human rights conventions should be incorporated into Danish law. The conventions themselves did not place any obligations on the States parties to incorporate them into domestic law. There were other ways of ensuring that the conventions were fully implemented. In fact, incorporating the conventions would only be a symbolic act and would change nothing in reality because the conventions, including the Covenant, could be invoked before the courts.

With regard to the integration of foreigners, the Danish Government had launched a number of initiatives aimed at promoting the integration of newly arrived immigrants and recognized refugees as well as long-term residents. Legislation had been adopted providing immigrants and refugees with improved opportunities for labour market training and participation. New legislation on Danish language teaching had also been adopted, introducing a more flexible and efficient approach to that kind of teaching. In November 2003, the Danish Government had launched the Action Plan to Promote Equal Treatment and Diversity and Combat Racism.

MARIANNE LYKKE THOMSEN, of the Greenland Home Rule Government, said that over the past few years, the Government of Denmark had consistently emphasized a willingness to renew the relationship between Greenland and Denmark. The sixteen-member high-level parliamentary Joint Commission on Self-Government was chaired by Greenland, had a Danish vice-chair, and was supported by a joint secretariat located in the newly established Department of Self-Government of the Greenland Home Rule Government and in the Prime Minister’s Office.

She said that over the next two years, the Joint Commission would be working on the basis of the constitutional framework for Greenland and in agreement with Greenland people’s right of self-determination with reference to international law to identify possible ways of expanding Greenland’s competency. The end goal of the Commission was to recommend to the Government of Denmark and the Greenland Home Rule Government draft legislation and content for a reformed relationship between Greenland and Denmark.

Discussion

Questions Raised by Experts

The members of the Committee raised a series of questions. An Expert asked about criteria for the removal of judges from their position. He also asked about the number of complaints or court cases with regard to violations of rights under the Covenant. Another Expert expressed concern about rules for family reunification.

An Expert noted that there seemed to be growing sentiment among Danish citizens against persons belonging to different cultures. Was the integration policy effective in resolving this problem?

On the status of the Covenant, another Expert asked why the provisions of the treaty were not incorporated into the domestic legal system.

Persons belonging to minority groups were reportedly discriminated against in the employment sector, said an Expert, asking the delegation for further information. He referred to a newspaper article that indicated that the population in Greenland was decreasing; infant mortality was four times higher than that in Denmark; alcoholism was a problem among indigenous pregnant women; and hospitals were far from the people.

Another Expert said that foreigners working on Danish flag-carrier ships did not enjoy the same rights as Danish seamen in terms of income, trade union activities and collective bargaining. The delegation was asked to clarify the situation.

The delegation was also asked why Denmark did not ratify ILO Convention no. 174 on the prevention of major industrial incidents. On the practice of wage dumping since some of the eastern European countries joined the European Union, the delegation was asked to elaborate on the situation.

Response by Danish Delegation

In response to questions raised by Committee Experts, the members of the Danish delegation said that any international instruments ratified by Denmark were directly applied by administrative and judicial courts. The Danish unwritten law of interpretation of international mechanisms by courts allowed the application of such treaties within the legal system. Since all treaties were applicable within the domestic law, their formal integration would only be symbolic.

Asked about the situation in Greenland, the delegation said the home rule law was being applied in that territory. The economic situation of the territory was closely linked to that of Denmark. In 1978, the people in the territory had voted on the home rule status in a referendum; 70 per cent had been in favour and 25 per cent against.

Women were catching up in education and experience with their male counter parts, the delegation said. Since men were more educated and experienced than women, there was disparity in wages. Women were also affected by family and maternity matters. Most of the differences in men and women’s pay could be explained by young persons’ choice of education and their subsequent career in a gender segregated labour market.

The health situation in Greenland was of concern to the Danish authorities, the delegation said. The harsh environment and the demographic situation had a detrimental effect on the health of the population. The Government of Denmark had put in place a child safety programme to promote health in the territory.

In order to avoid salary dumping affecting workers coming from the eastern European countries, the Ministry of Labour had taken measures to control the situation through the issuance of work permits.

Asked about the powers and functions of the Institute for Human Right, the delegation said that it was a new advisory body which dealt with human rights, including complaints. Upon receiving complaints, it could make recommendations so that the case could be addressed by the judicial authorities. The Institute had so far received two complaints relating to access to vocational training and to education.

Integration was an important priority policy for the Danish Government, the delegation said. The Government considered employment as one of the main integration mechanisms for immigrants and refugees. At the municipal levels, integration councils had been set up to assist and orient newcomers. Further specific measures were also taken to integrate new arrivals socially, and to help the younger generation in their education.

Danish classes were provided for immigrants and refugees for three years to ensure their full integration, the delegation said. The courses included labour market training. For those who could find jobs upon their arrival, they could take the courses while they worked.

On non-discrimination in integration, the delegation said that foreigners settling in Denmark should accommodate themselves by learning the Danish language, while maintaining their religion and language. A recent study had shown an overall decrease in discrimination. Four years ago, 22 per cent of immigrants were discriminated against in employment and other social privileges; however, there was now a positive attitude among the population in general. The legislative and non-legislative measures taken by the Government against discrimination had contributed to the improvement of the situation. An Action Plan for equal treatment in all areas had also been adopted. Further measures were taken to fight Anti-Semitism and Islamophobia in schools and other places. The Government had allocated 2.5 million krona for the fight against discrimination.

With regard to the health situation in Greenland, the delegation said that the infant mortality rate was on the decrease in comparison to previous years. A new system of health control had been introduced in 2001 to improve the knowledge of women on reproductive health. The prenatal death rate was also showing a downward tendency. In 2002, the fertility rate was 2.35 per cent, which was not alarming. The fact that the population was dispersed in the territory and could only be reached by boats and helicopters in the summer, and by dog sledges in winter had been among the major problems to maintain health conditions in the territory.

Questions by Experts

An Expert asked about the measures taken to combat child pornography, sexual exploitation of children and trafficking in persons. What was the result of the studies carried out in that area?

Another Expert said that members of foreign minority communities reportedly encountered difficulties in finding housing because of discriminatory practices. Such persons could only find housing outside the big cities. They could not get houses in prosperous areas in big cities even if they could afford to pay the rent. The number of homeless had also increased ten-fold among the foreign community. What measures had been taken to combat that phenomenon?

On the same issue, an Expert asked for information about the measures taken by the authorities in order to deal with the problem of different categories of homeless people, such as substance abusers, including alcohol abusers, persons with mental disabilities and persons released from institutions. He commended the efforts of the authorities to bring down the rate of tobacco consumption from 44 per cent in 1999 to 27 per cent in 2003. On the same line, he recommended that the reduction in alcoholic consumption should be motivated by sport activities leading to “joie de vivre” – to live in happiness.

What measures were taken to protect women, particularly women from minority groups, from domestic violence, asked an Expert. It would be a concern if the society did not protect women from forms of violence, she said.

Response by Delegation

The provisions on trafficking in persons were quite new and only a few persons had been prosecuted for violating the law, the delegation said.

The age for sexual consent was fixed at 15 years, the delegation said, adding that a guideline had been designed for the judiciary concerning sexual abuse of children below that age.

In order to protect women against domestic violence, the Government had introduced a law, which entered into force on 1 July 2004, as an additional measure, the delegation said. The expulsion of the perpetrator of the violence from the family house was carried out in a manner that did not violate the freedom of the individual.

Homelessness had been an ambiguous problem in the Danish society for the past 10 years, the delegation. Homelessness affected about 11,000 persons and the number had been stable during the last 4 to 5 years. Persons belonging to ethnic minorities in Copenhagen and other cities were much affected by the phenomenon. In 2004, public expenditure to resolve the problem had been set at 750 million krona. Much attention was given by all political parties to the situation of socially marginalized individuals.

The number of drug abusers had increased to 25,500 at present while the figure for alcohol abuse was 25,000, the delegation said. There were also 22,000 mentally ill persons, 1,000 of them requiring special treatment. The problem of drug abusers was an important issue for the authorities.

At the end of 2003, 15,000 children had been removed from their families, the delegation said. Only 4,000 children had been given back to their families after the problems prompting their removal were resolved. While foster homes were the best places for such children, children from ethnic groups found difficulty when placed in families not belonging to their own ethnic group.

The Government provided Danish language courses for children of immigrants and refugees to enable them to fully integrate in the mainstream educational system, the delegation said. Less than one per cent of children were provided with teaching lessons at home.

Denmark was playing a leading role in assisting developing countries, the delegation said. It had established maximum flexibility in trade-related agreements with regard to the production and exportation of medicine to developing countries. Denmark was implementing many trade agreements favouring the developing and least developed nations, and it would continue to do so as long as they advantaged poor people.

Asked about problems relating to places of worship and burial places, the delegation said that the Government was making efforts to find solutions to such problems.


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