List of Issues : Denmark. 16/11/2000.
CCPR/C/70/L/DNK. (List of Issues)
HUMAN RIGHTS COMMITTEE
SEVENTIETH SESSION


List of Issues for discussion during the consideration of the Fourth Report of Denmark

"Follow up"

1. Have the claims of members of Greenland's Inuit population in respect of their displacement been finally resolved? (See para. 15 of the Concluding Observations of the Committee on the Third Report.)

2. The Fourth Report reaffirms that the Covenant has not been incorporated into Danish law; are there any rights protected by the Covenant that are not in fact protected by Danish law (paras. 10, 14)? Has the Covenant been cited by the courts of Denmark or by the Parliamentary Ombudsman (paras. 52-55)?

3. Has the question of withdrawal of reservations been considered by the Parliament since the submission of the Fourth Report (paras. 130, 164, 202)?

Gender discrimination and human rights of women (arts. 3, 26)

4. Have there been further steps to eliminate or reduce gender discrimination, and to enhance women's rights and equality, particularly in regard to the following:

- the levels of participation of women in academia and in management positions. (Are there relevant recent statistics?);

- temporary "special measures" to hasten gender equality;

- the perseverance of attitudes and behaviour that keep women away from decision-making positions (para. 57), or keep men from assuming an equal share of family responsibilities, including taking advantage of the new amendment giving fathers additional weeks of parental leave (para. 59);

- cultural and gender-sensitive measures and programmes for immigrant and refugee women to enable them to benefit from legal and social services;

5. Are there specific laws on violence against women, in public or in the home?

Criminal law enforcement; police misbehavior (arts. 9, 10, 14)

6. Is Denmark developing a system of bail in order to comply with Article 9, paragraph 3 of the Covenant?

7. The Committee notes the legislation to reduce time in solitary confinement that may be imposed on prisoners awaiting trial, or during trial (paras. 97- 101). Are permissible periods for solitary confinement the same for convicted persons?

8. The Fourth Report states that the new police complaints system is being evaluated (paras. 82, 84). Have any changes been put into effect?

Rights of aliens (arts. 12, 13, 17, 23, 26)

9. The Report refers to several amendments to the Aliens Act relating to the residence of aliens, and to family reunification (para. 219, 220). Is the policy of relocation of aliens within Denmark, referred to in para. 36, consistent with Article 12 of the Covenant?

The Report also indicates amendments to the Aliens Act that extend the right of the State to take fingerprints and photographs ( paras. 182-186) for use in respect of claims to asylum, and to use DNA testing in respect of claims to family reunification (para. 188). Are these practices for these purposes compatible with Article 17 of the Covenant?

10. According to para. 160, "the right to review of a decision on expulsion by judgement is limited to one review." In the case of a decision of administrative expulsion, there is appeal to the Ministry, but the alien may bring it to the court in some cases (para. 161). Is the scope of judicial review the same in regard to "expulsion by judgement" as to "administrative expulsion"? Does appeal of an expulsion decision have suspensive effect in both cases?

11. What are the qualifications for naturalization under Danish law? Are there any distinctions among aliens with regard to eligibility and qualifications for naturalization? Can naturalized citizens be deprived of their citizenship and if so on what grounds? Is the denial or revocation of naturalization governed by law or by administrative decisions only? Are they subject to judicial review?

Discrimination among foreign nationals (arts. 3, 26)

12. How does Denmark accommodate its obligations under the European Union and the special rights accorded to nationals of EU member states, with its obligation of non-discrimination under the Covenant? What is the position of Denmark on this subject in the preparation of the EU Charter of Fundamental Rights?

Self-determination, minority rights, indigenous peoples (arts. 1, 27)

13. What is the current state as to the right of self-determination in respect of the Faeroe Islands and Greenland?

14. Has the Government taken steps to secure the viability of the Inuits traditional way of life in Greenland, and how is it addressing the social exclusion of the Inuits within Denmark?

Publication and education about the Covenant (art. 2)

15. Please provide further information on education and training about the Covenant and its Optional Protocols that is provided to public officials, in particular to school teachers, judges, lawyers and police officials (paras. 23 et seq., paras. 48-51)?

16. What steps were taken to publicize the Concluding Observations of the Committee after its examination of the Third Report, and to provide information about the Fourth Report?

What steps will be taken to publicize the Concluding Observations of the Committee after its examination of the Fourth Report?

17. How are the inhabitants of Greenland and of the Faeroe Islands informed about the Covenant, about their rights under the Covenant, and about the functions and responsibilities of the Human Rights Committee (para. 7)?


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