Distr.

GENERAL

CRC/C/15/Add.151
10 July 2001

Original: ENGLISH

Concluding Observations of the
Committee on the Rights of the Child : Denmark.
10/07/2001.

CRC/C/15/Add.151.
(Concluding
Observations/Comments)

Convention Abbreviation: CRC

COMMITTEE ON THE RIGHTS OF THE
CHILD

Twenty-seventh
session

CONSIDERATION OF REPORTS SUBMITTED
BY STATES PARTIES
UNDER ARTICLE 44 OF THE CONVENTION

Concluding observations of the
Committee on the
Rights of the Child

Denmark

1. The Committee considered the second periodic report
of Denmark (CRC/C/70/Add.6), received on 15 September 1998, at its 699th to
700th meetings (CRC/C/SR.699 and 700), held on 22 May 2001, and adopted at its
721st meeting, on 8 June 2001, the following concluding observations.

A. Introduction

2. The Committee welcomes the submission of the State
party's second periodic report and the written replies to its list of issues
(CRC/C/Q/DEN/2) which allowed for a clearer understanding of the situation of
children. The Committee regrets that the report did not include adequate
information concerning the situation of children in Greenland and the Faroe
Islands and did not follow the general guidelines regarding the form and
contents of periodic reports to be submitted by States parties (CRC/C/58). The
Committee is encouraged by the constructive and open dialogue it had with the
State party and welcomes the positive reactions to the suggestions and
recommendations made during the discussion. The Committee acknowledges that the
presence of a delegation directly involved in the implementation of the
Convention allowed for a fuller assessment of children's rights in the State
party.

B. Follow-up measures undertaken and progress achieved
by the State party

3. The Committee commends the State party for its
overall progress in implementing the Convention on the Rights of the Child. The
State party's efforts to apply the Committee's initial concluding observations
and recommendations (CRC/C/15/Add.33) to legislation, policies and programmes
for children are noted.

4. The Committee notes with appreciation the State
party's outstanding commitment in the area of international cooperation and
development assistance. In this regard, the Committee notes that the State party
allocates a significant percentage of its gross domestic product to foreign aid,
mainly in support of least developed countries.

5. The Committee welcomes the child care initiative
introduced by law and taken in cooperation with the municipalities and experts
in education in order to improve the quality of day care facilities.

6. The Committee notes with satisfaction that in 1997,
the right of parents to use corporal punishment on their children was abolished
by law. The Committee expresses further satisfaction at the nationwide awareness
raising campaign undertaken to inform parents about the new legislation. The
Committee notes the efforts to include material in minority languages as a
follow-up to the campaign.

7. The Committee notes with satisfaction that the
National Council for Children was permanently established by law in 1998 and
mandated to assess independently the situation of children within the State
party in light of the principles and provisions of the Convention.

8. The Committee notes with satisfaction that the
State party has ratified the Hague Convention of 1993 on Protection of Children
and Cooperation in Respect of Intercountry Adoption in 1997. The ratification
necessitated amendments to the Adoption Act that, inter alia, ensures greater
participation of the child in his/her adoption. The Committee further notes that
the State party has ratified ILO Convention (No. 182) concerning the Prohibition
and Immediate Action for the Elimination of the Worst Forms of Child Labour and
ILO Convention (No.138) concerning Minimum Age for Admission to
Employment.

9. The Committee notes that the State party has
recently facilitated the second session of the Danish Youth Parliament and
welcomes the initiative by the Cabinet to review and circulate the decisions and
recommendations of the young parliamentarians.

C. Principal subjects of concern and
recommendations

1. General measures of
implementation

Reporting

10. The Committee regrets that the report did not
include adequate information concerning the situation of children in Greenland
and the Faroe Islands and that it did not follow the general guidelines
regarding the form and contents of periodic reports to be submitted by States
parties (CRC/C/58).

11. The Committee recommends that the State party take
all effective measures to ensure that its next periodic report includes specific
information on the situation of children in Greenland and the Faroe Islands and
that it follows the general guidelines regarding the form and contents of
periodic reports to be submitted by States parties (CRC/C/58).

Reservations

12. The Committee notes the initiative of the State
party, through its Standing Committee on Procedural Law, to initiate the process
of reviewing its reservation to article 40 (2) (b) (v) of the Convention.

13. In light of the Vienna Declaration and Plan of
Action of the Vienna World Conference on Human Rights (1993), the Committee
encourages the State party to complete the process of review of its reservation
to article 40 (2) (b) (v) of the Convention with a view to withdrawing
it.

Legislation

14. The Committee notes that the Minister of Justice
has set up a committee of human rights experts to examine the advantages and
disadvantages involved in incorporating into Danish law the core international
human rights treaties, including the Convention on the Rights of the Child.
While the Committee notes that the recommendations of the expert committee have
not yet been finalized, it remains concerned about the legal status of the
Convention on the Rights of the Child in domestic law.

15. The Committee encourages the State party to
consider the incorporation of core international human rights instruments,
including the Convention on the Rights of the Child, into domestic law. In this
regard, the Committee urges the State party to give equal weight to all
international human rights instruments. It is recommended that the State party
include in its next periodic report information on the recommendations of the
expert committee and the decision of the Government regarding this issue.

Ratification of international human rights
instruments

16. The Committee notes that the State party is
currently considering the possibility of acceding to the International
Convention on the Protection of the Rights of All Migrant Workers Members of
Their Families.

17. The Committee encourages the State party to accede to this
Convention.

Coordination

18. While the Committee notes that the terms of
reference of the Inter-Ministerial Committee on Children were updated in 1997,
it remains concerned that the Convention has not yet been established as the
framework for the work of the Inter-Ministerial Committee. The Committee is also
concerned that insufficient efforts have been made by the State party to
explicitly include the Convention in its general consideration of children's
policies and programmes.

19. The Committee encourages the State party to
consider establishing the Convention as the framework for the work of the
Inter-Ministerial Committee. Additionally, the State party is encouraged to
consider the elaboration of a comprehensive strategy for children based on the
Convention on the Rights of the Child.

Data collection

20. The Committee notes with concern that the existing
data collection mechanisms are inadequate to ensure the collection of
disaggregated data on all aspects of the Convention and to effectively monitor
and evaluate progress achieved and assess the impact of policies adopted with
respect to children.

21. The Committee recommends that the State party to
reinforce its system of data collection and develop indicators to effectively
monitor and evaluate progress achieved in the implementation of the Convention
and assess the impact of policies adopted with respect to children. Efforts
should be made to ensure that the data collection system incorporates all the
areas covered by the Convention and covers all children below the age of 18
years, with specific emphasis on those who are particularly vulnerable.

Independent complaints mechanisms

22. The Committee notes that the State party has
established a number of initiatives to facilitate the lodging of complaints by
children of violations of their rights, including through the Office of the
Ombudsman and a telephone hotline. However, the Committee remains concerned
about the accessibility and availability of these complaint mechanisms to all
children within the State party.

23. The Committee suggests that the State party take
all effective measures to ensure that its independent complaint mechanisms are
easily accessible to and user-friendly for all children, to deal with complaints
of violations of their rights and to provide remedies for such violations. In
this regard, the Committee encourages the State party to reinforce its awareness
raising efforts to facilitate the effective use by children of the complaint
mechanisms. While the Committee notes the reluctance to establish a separate
complaints mechanism for children, it encourages the State party to consider
strengthening the mandate of the National Council for Children to include
individual cases and complaints from children, or to establish a child rights
focal point within the Office of the Ombudsman.

Dissemination of the Convention and its
principles

24. The Committee notes the efforts of the State party
to disseminate, including through the Internet, the principles and provisions of
the Convention within schools and among professionals working with children,
including teachers, school administrators and police personnel. However, it
remains concerned that children and professionals working with and for children
are not fully aware of the Convention and the principles enshrined
therein.

25. The Committee recommends that the State party
reinforce its efforts to systematically and continuously disseminate the
principles and provisions of the Convention and to ensure that the Convention is
systematically incorporated into the school curriculum and the training
activities of professional groups and administrative bodies, at all levels of
society, working with and for children.

2. General
principles

Non-discrimination

26. The Committee is aware of the measures taken by
the State party to promote non-discrimination through, inter alia, the amendment to
the Criminal Code and the preparation and dissemination of a brochure concerning
ethnic minorities and the police. However, the Committee notes that
de facto
discrimination against and xenophobia directed at certain groups of children,
especially children belonging to ethnic minorities, refugee and asylum-seeking
children, children belonging to migrant families, children with disabilities and
those belonging to socially and economically disadvantaged families continue to
be of concern, including within the education system.

27. In light of article 2 and other related articles
of the Convention, the Committee recommends that the State party strengthen its
measures, including through the Board for Ethnic Equality by, inter alia, organizing
ongoing awareness raising campaigns to change attitudes and to eliminate
de facto
discrimination against and xenophobia directed at minority groups, especially
children belonging to migrant families, refugee children, children with
disabilities and children belonging to socially and economically disadvantaged
families.

Best interests of the child

28. The Committee is concerned that the general
principle of the best interests of the child (art. 3) is not fully applied and
duly integrated in the implementation of the policies and programmes of the
State party. In this regard, the Committee notes that the rights of parents are
often found to be more important than the best interests of the child.

29. The Committee recommends that further efforts be
made by the State party to ensure the implementation of the principle of the
best interests of the child in its laws, policies and programmes for children,
as well as in all judicial and administrative decisions concerning
children.

Respect for the views of the child

30. The Committee is aware of the various provisions
in the law concerning the right of the child to be heard and that the legal
minimum age in this regard is 12 years. However, the Committee remains concerned
about the inadequate implementation of article 12 of the Convention and the fact
that children below the age of 12 years do not have a right to be heard.

31. The Committee recommends that the State party take
the necessary measures to ensure effective implementation of article 12 of the
Convention, not only in court proceedings but also in various administrative
decisions, including with respect to child protection services, custody
proceedings and the placement of children in institutions. Moreover, the State
party is urged to effectively promote and encourage respect for the views of
children below the age of 12 years, according to his/her evolving capacities,
and in light of article 12 of the Convention.

3. Family environment and
alternative care

Parental guidance and responsibilities

32. While the Committee notes that financial and
special assistance programmes for single parents have been established,
including at the municipal level, it remains concerned about the vulnerability
of children belonging to single-parent families. Concern is also expressed about
the situation of children belonging to ethnic minority families.

33. The Committee recommends that the State party
strengthen its programmes and initiatives in support of single parent and ethnic
minority families.

Child abuse and neglect in the family

34. The Committee notes the various measures to
address abuse and neglect of children, including the implementation of the
proposals of an inter-ministerial working group on sexual abuse. However, it
remains concerned about the lack of information on the magnitude of the
phenomenon and the effects of the various measures implemented.

35. The Committee recommends that the State party
develop and implement a comprehensive policy that includes an effective
reporting and referral system of all cases of child abuse, including sexual
abuse, and neglect; regular evaluation of the results of the various measures
taken; and legislation that ensures child-sensitive, multi-disciplinary
procedures conducted by well-trained professionals, in order to avoid further
traumatizing of the child.

4. Basic health and
welfare

Adolescent health

36. While noting the efforts of the State party, the
Committee remains concerned about the health problems faced by adolescents,
particularly the high incidents of eating disorders, especially among teenage
girls; drug, alcohol and tobacco abuse; and suicide.

37. The Committee recommends that the State party
reinforce its efforts to address these adolescent physical and mental health
concerns through, inter alia, preventive education, counselling and rehabilitative
programmes to strengthen self-confidence among young people and prevent
behaviour that could negatively affect their health.

5. Education, leisure and cultural
activities

Violence against children in institutions

38. Acknowledging the activities undertaken by the
State party in this regard, the Committee remains concerned about the rather
high level of bullying in schools and about the inadequate protection of
children from abuse, including sexual abuse, in day care and other
institutions.

39. The Committee recommends that the State party
strengthen its measures, in participation with children, to prevent and combat
violence and bullying in schools, taking into account the recommendations of the
National Council for Children in that regard. Furthermore, the State party is
encouraged to take the necessary measures to prevent persons convicted of crimes
against children from working in care and other institutions for
children.

6. Special measures of
protection

Administration of juvenile justice

40. While the Committee notes the efforts of the State
party in the area of juvenile justice, it remains concerned that children
between the ages of 15 and 17 years may be held in adult detention facilities
and kept in solitary confinement.

41. The Committee urges the State party to review its
legislation and policies governing juvenile justice to ensure that they are
fully consistent with the Convention, especially articles 37, 40 and 39, as well
as other relevant international standards in this area, such as the Beijing
Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty. In light of articles 3, 37, 40 and 39 of
the Convention, the Committee further recommends that the State party take all
effective measures to ensure that children are separated from adults in
detention facilities and that children are not subjected to solitary
confinement, unless it is in their best interests and subject to court review.
Additionally, the Committee encourages the State party to reinforce its
rehabilitation and reintegration programmes for children in conflict with the
law.

Sexual abuse and exploitation

42. The Committee is aware of the efforts of the State
party to prevent and combat sexual abuse and exploitation, including the recent
establishment of an information collection system on sexual abuse. The Committee
is concerned about the lack of awareness about child abuse and exploitation and
the inadequate efforts to address child pornography. The Committee also notes
the need for training for professionals working with and for child victims of
abuse, including police officers, lawyers and social workers.

43. In light of article 34 and other related articles
of the Convention, the Committee recommends that the State party reinforce its
efforts to strengthen current policies and measures, including care and
rehabilitation, to prevent and combat these phenomena. The Committee recommends
that the State party take all appropriate measures to introduce and/or reinforce
training for professional working with and for child victims of abuse and
exploitation.

44. The Committee notes that a bill has been
introduced that would provide support for children between the ages of 15 and 17
years who may be experiencing difficulties in adjusting to the norms and rules
of society, especially those children in conflict with the law. However, the
Committee remains concerned about the situation of such children.

45. The Committee encourages the State party to
continue and, where necessary, reinforce its efforts in providing adequate
support to these children and to their parents.

7. Ratification of the Optional
Protocols

46. The Committee is aware that the State party has
signed the two Optional Protocols to the Convention on the Rights of the Child
on the involvement of children in armed conflict and on the sale of children,
child prostitution and child pornography.

47. The Committee encourages the State party to ratify
both Optional Protocols as soon as possible.

8. Dissemination of the
documentation

48. Finally, in light of
article 44, paragraph 6, of the Convention, the Committee recommends that the
second periodic report and written replies submitted by the State party be made
widely available to the public at large and that the publication of the report
be considered, along with the relevant summary records and concluding
observations adopted by the Committee. Such a document should be widely
distributed in order to generate debate and awareness of the Convention, its
implementation and monitoring within the Government, the Parliament and the
general public, including concerned non-governmental organizations.

©1996-2001
Office of the United
Nations High Commissioner for Human Rights
Geneva, Switzerland