UN experts criticise Denmark’s refusal to exempt refugee from citizenship language requirement

GENEVA (27 April 2015) – Denmark did not treat an Iraqi refugee equally before the law, as required by its international treaty obligations, when it refused, without giving any reason, to exempt him from the Danish language proficiency needed for citizenship despite his documented mental disability, UN human rights experts have found.

The UN Human Rights Committee was considering the case of an Iraqi refugee who had lived in Denmark since 1998. After applying for citizenship in 2005, the man, referred to as Q, asked to be exempted from the language requirement on medical grounds, as he was suffering from severe psychosis, aural hallucinations, depression and various physical disorders. 

The Naturalization Committee of the Danish Parliament may grant such exemptions if an applicant documents that they suffer from a serious physical or mental illness, meaning they are incapable of, or have no reasonable prospects of, acquiring the required Danish language skills.  In 2008, the Naturalization Committee refused Q’s request but gave no reason. 

Q brought his case to the Human Rights Committee, arguing that the failure to grant him the exception was discriminatory. Denmark argued that Q’s “application for nationality was dealt with in the same manner as all other applications from persons in a situation similar to his.”

In its findings, the Human Rights Committee, which monitors implementation of the International Covenant on Civil and Political Rights (ICCPR), noted that, according to Denmark’s own submission, “the exemption provision was open to interpretation and practice was laid down by the majority of the Naturalization Committee at any time.”

“Furthermore, the lack of motivation of the decision and transparency of the procedures make it very difficult for [Q] to submit further documentation in order to support his request, as he does not know the real reason for the refusal,” the UN Committee wrote.

The Committee members noted that countries are free to decide their criteria for granting citizenship. However, in this particular case Denmark had failed to show that its refusal to exempt Q from the language requirement was “based on reasonable and objective grounds.” They concluded that Q’s right to equality before the law and equal protection of the law under article 26* of the Covenant had been violated.

Following the Committee’s findings, Denmark is obliged to compensate Q and reconsider his request for exemption of the language skills requirement.

The Human Rights Committee considered this case under the First Optional Protocol to the Covenant which gives the Committee competence to examine individual complaints.

ENDS

For more information and media requests, please contact Liz Throssell (+41 (0) 22 917 9466/ ethrossell@ohchr.org

BACKGROUND:
 International Covenant on Civil and Political Rights (ICCPR):
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx

*Article 26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

To learn more about the Human Rights Committee visit: http://www2.ohchr.org/english/bodies/hrc/index.htm

Human Rights Committee individual complaints procedure:
http://www.ohchr.org/EN/HRBodies/TBPetitions/Pages/HRTBPetitions.aspx

UN Human Rights, follow us on social media:
Facebook: https://www.facebook.com/unitednationshumanrights
Twitter: http://twitter.com/UNrightswire
Google+ gplus.to/unitednationshumanrights   
YouTube: http://www.youtube.com/UNOHCHR
Storify: http://storify.com/UNrightswire