Distr.

GENERAL

CRC/C/SR.199
25 January 1995


Original: ENGLISH
Summary record of the 199th meeting : Denmark. 25/01/95.
CRC/C/SR.199. (Summary Record)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD

Eighth session

SUMMARY RECORD OF THE 199th MEETING

Held at the Palais des Nations, Geneva,
on Thursday, 19 January 1995, at 3 p.m.

Chairperson: Mrs. BADRAN


CONTENTS

Consideration of reports of States parties (continued)

Denmark


This record is subject to correction.

Corrections should be submitted in one of the working languages. They should be set forth in a memorandum and also incorporated in a copy of the record. They should be sent within one week of the date of this document to the Official Records Editing Section, room E.4108, Palais des Nations, Geneva.

Any corrections to the records of the meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session.

The meeting was called to order at 3.15 p.m.


CONSIDERATION OF REPORTS OF STATE PARTIES (agenda item 4) (continued)

Denmark (CRC/C/8/Add.8; CRC/C/7/WP.4)

1. At the invitation of the Chairperson, Mr. Klingenberg, Ms. Schmidt, Ms. Nielsen, Mr. Holdt, Ms. Poulsen, and Ms. Klingsey (Denmark) took seats at the Committee table.

2. The CHAIRPERSON invited the Danish delegation to introduce its written replies to the list of issues raised by the Committee (CRC/C/7/WP.4) in response to the initial report of Denmark (CRC/C/8/Add.8).

3. Mr. KLINGENBERG (Denmark) said that the Danish delegation, consisting of representatives of those Danish Ministries most concerned with the rights of children, the Ministries of Justice, Social Affairs, the Interior and Education, was especially pleased to meet with the Committee. In September 1993 the Government had submitted its initial report, which included a detailed account of legislation and regulations pertaining to the rights of the child in Denmark. On ratification of the Convention, Denmark had not been obliged to formulate new legislation, but it took the view that the Convention played a significant role in sensitizing the Danish people to the rights and needs of children. Furthermore, Parliament, the administrative authorities and non-governmental organizations monitored the situation and the conditions in which children lived. In May 1994, Denmark had received the list of issues formulated by the Committee in response to its initial report, but owing to the wide range of questions raised the Government had been unable to provide written replies until recently.

4. As the reply to issue No. 1 indicated, Denmark had found insufficient reason to withdraw its reservation to article 40, paragraph 2 (b) (v), because the relevant Danish legislation was not seen as hampering the interests of the child in any way. In that regard, he drew the Committee's attention to paragraph 329 of the report (CRC/C/8/Add.8). Furthermore, with regard to issue No. 6, while international agreements to which Denmark became a party were not automatically incorporated in domestic law, it was not disputed that international legal instruments were relevant sources of domestic law. The provisions of human rights treaties, the Convention among them, could accordingly be invoked before the Danish courts and administrative authorities.

5. A recent development of interest in the consideration of issue No. 29 was the passage by Parliament in December 1994 of an amendment to the Criminal Code banning photographs and films depicting child pornography. In addition, the bill containing amended rules on joint custody and visiting rights, described in the written reply to issue No. 18, was expected to be submitted to Parliament in February. It was important to note with regard to issue No. 31, under the Home Rule Acts of 1948 and 1978, the Faroe Islands and Greenland had assumed competence in almost all social fields. It should be recalled as well that Danish child-related legislation also applied in the Faroe Islands. A description of the social situation of children in the Faroes, prepared by the Faroe Islanders, would be forwarded to the Committee once it was received in Copenhagen. Finally, the Danish core document was currently nearing completion and would be transmitted to the Committee within the next two weeks.

6. The CHAIRPERSON invited the Danish delegation to summarize its written replies to the questions raised in the section of the List of Issues entitled "General measures of implementation" (CRC/C/8/Add.8), which read:

"General measures of implementation
(Arts. 4, 42 and 44, para. 6 of the Convention)


(b) Social workers, psychologists;

(c) Medical doctors, psychiatrists;

(d) Child-care givers and staff of institutions;

(e) Police and military personnel;

(f) Lawyers, judges, prosecutors, fiscals;
(h) Volunteers, journalists and other members of the media.
7. Mr. KLINGENBERG (Denmark) said that, with regard to issue No. 1, the reservation entered by Denmark to article 40, paragraph 2 (b) (v), reflected the fact that a re-examination of the question of guilt by a higher court was not permitted in all criminal cases. In decisions rendered in jury trials, for example, the Danish Supreme Court could not hear an appeal on the guilt of the defendant. Furthermore, in certain lesser cases, only with the permission of the Ministry of Justice could a decision rendered by a court of first instance be appealed to the Danish High Court. Reforms to the provisions of the Administration of Justice Act were not envisaged at the present time.

8. As to issue No. 2, Denmark's report had been prepared by the Ministry of Justice in cooperation with other ministries whose areas of competence related to children, the Ministries of Social Affairs, Health and Education. Non-governmental organizations, professional associations, youth groups and the public had not, as a rule, been involved. After its publication, it had been forwarded to the Danish Parliament, the Folketing, as well as to special-interest groups and associations concerned with the rights of the child. With regard to issue No. 3, the Ministry of Justice would also undertake to publish the Committee's summary records and concluding observations.

9. As for issue No. 4, no further information campaigns were envisaged. In 1994, the Government had, however, established an independent and interdisciplinary Children's Council to monitor the conditions in which children lived, with particular attention to situations in which the needs and rights of children were neglected or ignored. It would circulate information on children, and endeavour to involve children in public debate about their part in society. While not designed to handle specific complaints, the Council would take up general questions on the basis of inquiries. In addition, it would signal areas of legislation and administrative practice that violated children's rights or endangered their well-being, and would formulate proposals for relevant reforms. Furthermore, the government authorities could elicit the Council's views on proposed initiatives affecting the lives of children.

10. The Convention had been published in Danish, English and French, but the initial report of Denmark would be available only in Danish and English.

11. In the matter of issue No. 6, two principles governed the relationship between domestic and international law. First, under the so-called construction rule, Danish law must be construed in such a way that it conformed with Denmark's obligations under international law. Second, under the so-called presumption rule, it was presumed that Parliament would take no decisions that contravened those obligations. Accordingly, the Convention could be invoked in court to shed light on the interpretation of Danish law.

12. As to issue No. 7, under the Danish Social Assistance Act, municipal councils, which monitored the conditions under which children lived, were obliged to extend support and guidance to anyone with custody of a child living in unsatisfactory circumstances. When a child was presumed to be in need of special support, an investigation was conducted; all decisions concerning the welfare of the child, including placement outside the family, were taken in consultation with the custodial parent, and with the child if he was over the age of 15. The Social Assistance Act also stipulated that persons who supported a child with a mental or physical handicap could obtain coverage for the necessary additional support expenditures caused directly by the handicap. Under the Act, the country and municipal councils each paid half of the costs of remedial measures. In addition, the municipal councils paid a fixed share of the cost of in-patient treatment for children at 24-hour treatment centres.

13. With reference to issue No. 8, the Ministry of Foreign Affairs had devoted a chapter of its June 1993 policy paper to studying - in light of the terms of the Convention - the particular problems of children in developing countries. Many Danish development programmes and projects - immunization programmes, mother-and-child programmes, and primary school assistance among them - focused on children's needs. Furthermore, Denmark had made significant contributions to UNICEF in support of a wide range of children's programmes, including assistance to girls whose lives had been affected by AIDS, and trauma treatment for children in Mozambique. It was currently considering stepping up its support for programmes for protection from abuse and for trauma treatment.

14. As to issue No. 9, the Ministry of Social Affairs, the Government's Committee on Children and the Inter-Ministerial Committee on Children were redoubling their efforts to provide assistance to children in troubled circumstances. The Inter-Ministerial Committee on Children had requested a research group to look into the reasons why children were sometimes shut out from social life. The findings had been published under the title "High risk children: who are they, what can we do?" A conservative estimate of the number of children in need of special support suggested that 4 per cent had been subject to negative influences over a prolonged period and required immediate treatment. Another 3 to 4 per cent had undergone a profoundly distressing experience, and would sustain permanent emotional injury without special help and support. Finally, 7 to 8 per cent had experienced an event, such as, the break-up of the family or the death of a parent, from which they might not be able to recover on their own.

15. On the basis of that study, in 1994 the Government's Committee on Children had prepared an action plan, with four significant objectives: improved health programmes for children, prompt access to guidance for children and parents; open education centres for all children; and guaranteed education vocational training or jobs for all young people. The action plan envisaged the development of municipal programmes which would emphasize interdisciplinary cooperation. The Ministry of Education had informed educational institutions of the importance of training teachers to identify and assist children in crisis.

16. Furthermore in Spring 1995, the Ministry of Social Affairs planned to issue a revised circular on day care which would emphasize the role of such institutions as nurseries, kindergartens and youth centres in preventive work. The Ministries of Education, the Interior, Health, Justice and Social Affairs would jointly formulate guidelines governing professional secrecy and duty of disclosure for the use of child-care givers, teachers and nurses, among others, in the treatment of abused and neglected children as well as those with alcohol and drug-abuse problems. The Ministry of Social Affairs had also undertaken a study of measures in force to assist children in crisis and their families. It would assess, in particular, the success of new legislation providing for remedial measures for children and young people.

17. With reference to issue No. 10, the municipal councils monitored child-related educational and social matters. The county councils had similar responsibilities in regard to health care. Lastly, the obligations of the county and municipal councils were established by law; as the need arose, the ministries formulated guidelines for the use of the counties and municipalities in the interpretation and implementation of legislation.

18. Mr. HAMMARBERG, explaining the rationale behind issue No. 2, stressed the importance of dialogue between the NGO community and government authorities on children's issues. It was considered that the preparation of States parties' reports afforded a good opportunity to launch a more meaningful dialogue with the NGO community, as well as professional groups concerned, such as teachers, doctors and social workers. Moreover, after the dialogue with the Committee, the concluding observations and summary records might serve as a basis for further discussion in the reporting country, preferably at parliamentary level. Some States parties had even involved the NGO community in such a debate.

19. He asked what efforts were being made by Denmark to fulfil its obligation regarding the continuous dissemination of information on the Convention, adding that information campaigns immediately after ratification were not enough. In some countries, the Government had set up a special NGO fund for that purpose, since it was considered that non-governmental organizations were better able to reach the sectors of society concerned. He wondered whether the Convention was accessible to refugee children living in Denmark. In his own country, the Convention had been published in the languages of the main refugee communities; perhaps other European countries could be of assistance in that connection.

20. Issue No. 7 was perhaps rather misleading. Basically the Committee had been looking for two answers: first, an indication of the amount earmarked in national and local budgets for children's needs; second, information on how decision-makers were persuaded to take children's issues into consideration when drawing up the budget. How exactly were the various sections of the budget discussed by Parliament? Lastly, it might be worthwhile to consider the possibility of devising indicators to gauge progress made in meeting children's needs.

21. With regard to issue No. 9, the Committee would welcome more general information on whether the Convention was covered in the training of certain professional groups, so as to ensure that they were fully aware of their specific obligations under the Convention vis-à-vis children. Further details on the role of the Children's Council would be useful. Was it similar to the Ombudsman for children in other Scandinavian countries? No reference had been made to the Convention in connection with the Children's Council. Did that mean that the Council was not intended to monitor implementation? Particular emphasis had been laid in the written replies on the monitoring mechanism in place at local level. Surely, it would be more advantageous to have an independent body monitoring the situation at different levels?

22. Mrs. SANTOS PAIS said she welcomed the fact that the report as well as the Committee's concluding observations would be published in Denmark, thereby making for greater awareness of children's rights and international mechanisms to protect them. She also hoped that the outcome of the dialogue with the Committee would serve as a basis for a national debate on children's issues. Furthermore, the new legislation on child pornography and child custody was an encouraging sign of Denmark's efforts to ensure proper implementation of the Convention.

23. Was the composition of the Children's Council broader than that of the present delegation? How much publicity had it been given? Would it make recommendations, and if so, to whom? Would those recommendations be given a proper follow-up? Again what steps had Denmark taken to ensure ongoing dissemination of information on the Convention in a form that was easily accessible to children? The United Nations Decade for Human Rights Education provided an opportunity for States parties to promote the Convention and to make children fully aware of their rights. Reference had been made to the publication of the Convention in French, Danish and English, but were those the languages spoken by the children of most refugee or asylum-seekers in Denmark? Denmark was actively involved in many Council of Europe programmes relating to children and young persons. Surely, the Convention could be used as an additional tool to encourage mutual respect for different cultures and nationalities. She hoped that all children living in Denmark, irrespective of their nationality, would be able to invoke the rights set forth in the Convention.

24. It was her impression that, while the Convention was cited in interpreting certain provisions of national legislation, it had no real status. For instance, paragraph 31 of the report (CRC/C/8/Add.8) implied that certain provisions of the Convention were not recognized under Danish law. What exactly was the status of the Convention and other international instruments vis-à-vis national legislation?

25. Like Mr. Hammarberg, she would welcome more precise information in response to issue No. 7. Great emphasis had been laid on the role of the local authorities. However, delegation of responsibility did not necessarily imply decentralization of funds, and she sought assurances that the local authorities were provided with sufficient resources to meet local needs.

26. Mrs. SARDENBERG inquired as to the different roles of the Ministerial Committee on Children and the Inter-Ministerial Committee on Children. Were the NGOs involved in the work of the latter? Was its role solely to coordinate or did it also monitor activities? She understood that the local authorities were responsible for implementing guidelines set at ministerial level. However, did they also provide feedback to the ministries on how guidelines might be adjusted to suit changing requirements? Paragraph 14 of the report (CRC/C/8/Add.8) listed five objectives set by the Inter-Ministerial Committee on Children. How had they been selected and had the principles of the Convention been taken into account? Moreover, would it be possible to change those objectives, if necessary?

27. The CHAIRPERSON speaking as a member of the Committee, underlined the importance of finding out exactly how much was allocated in terms of material, financial and human resources to children's needs in the various sectors of the economy, since it reflected a country's interest in children's issues. In some sectors, such as education, it was fairly easy to assess such allocations. Some States parties were endeavouring to provide a break-down of the allocation of funds among the different sectors in order to monitor progress. She wondered whether the Children's Council could play a useful role in that connection.

28. Mr. HAMMARBERG expressed concern about the possible impact of national budget cuts at the local level. It was important to know how the situation was monitored with a view to taking action, if necessary.

29. Mr. KOLOSOV said almost every delegation that came before the Committee gave assurances that the Convention had been well-publicized in its country, yet whenever he asked children of different nationalities about the Convention very few of them were familiar with it. What proof could the delegation give that children in Denmark were even aware that they had special rights? In his view, the best way of ensuring the continuous dissemination of information on the Convention was to include it in the school curriculum through appropriate chapters in textbooks and special posters for younger children. He would also like clarification of the notion of social isolation. Did it mean that a certain group of children in Denmark were neglected by society or were they the ones who were putting up the barriers? Lastly, had information on the Convention been disseminated among the minority population in Greenland, and if so, in what language?

30. Mrs. EUFEMIO asked whether indicators were available for use by the Children's Council in monitoring implementation of the Convention. Since monitoring was also supposed to take place at local level, did any agreement exist between the national and local authorities with regard to such indicators? Would the guidelines supplied by each ministry to the local authorities contain information on the indicators to be used and would each ministry be aware of the other ministries' guidelines, so that overlaps and conflicts could be avoided? Would it be the responsibility of the Inter-Ministerial Committee or of the Children's Council to resolve any conflicts that might arise?

The meeting was suspended at 4.35 p.m. and resumed at 5 p.m.


31. Ms. POULSEN (Denmark) said that, when the issue of promoting children's rights had first come to the fore in Denmark, the idea of appointing a children's ombudsman on the Norwegian and Swedish model had been mooted, but the Government had finally decided to adopt a different structure. Nevertheless, the basic aims and issues addressed by the Children's Council were the same as those addressed by the Norwegian and Swedish ombudsmen. The Council was an independent multidisciplinary body set up in the summer of 1994, and its work would be evaluated at the end of an initial period of three years. It consisted of seven members. The head and two members were appointed by the Minister of Social Affairs, and the remaining four members by an assembly representing private organizations working in the field of child welfare.

32. The Council as a body was required to be familiar with the following issues: children's development; their cultural concerns, both within the school and outside the classroom; children's health; children's rights; and children with special needs. The head of the Council was a well-known radio personality and journalist who hosted a phone-in programme for children and wrote a weekly column in the national press to which children contributed. The Council was empowered to advise the Government, Parliament and ministries on children's issues. Consideration had been given to the possibility of appointing some children to be full members; instead, however, it had been decided to select one pre-school class and seven school classes drawn from different age-groups and different regions of the country to act as a dialogue group with the Council. In selecting the classes, care was taken to ensure a balanced representation of immigrant children's interests.

33. Responding to questions on the Inter-Ministerial Committee and the Ministerial Committee on Children, she said that the general framework of child and family policy was laid down by the Ministry of Social Affairs, while the various measures and services were implemented at local level by 275 local authorities and 14 regional authorities. In the light of the decision by the Danish authorities not to give any one ministry sole competence in child and family affairs, it had been decided to establish an Inter-Ministerial Committee, consisting of civil servants from no fewer than 16 ministries involved in various ways with children's issues, to coordinate the work done in the 16 ministries, ensure consistency and unity in areas relating to children and families, and to take cross-sectoral initiatives to improve the living conditions of children and young people. The Ministry of Social Affairs chaired the Committee and functioned as its secretariat. The Ministerial Committee on Children, on the other hand, consisted of the ministers heading the 16 ministries, and was responsible for elaborating the policy implemented under the supervision of the Inter-Ministerial Committee. The Inter-Ministerial Committee submitted proposals to the Ministerial Committee on children. If those proposals were adopted, the Inter-Ministerial Committee had then to oversee their implementation by the local authorities, a process that would involve collaboration with the central authorities and with non-governmental organizations.

34. As to Mr. Kolosov's question on the notion of social isolation, the marginalized children referred to were the 4 per cent of children in Denmark whose personality and behaviour had been affected, often early in life, as a result of massive, long-term deprivation and disadvantage. The deprivation was usually of an emotional rather than economic nature.

35. Mrs. SANTOS PAIS said that the decentralization measures adopted were encouraging in that they opened up the way for social mobilization and popular participation at local level. However, the political decision to decentralize would be an empty gesture unless it was backed up by an economic decision to allocate sufficient resources to the local authorities to enable them to implement the measures envisaged. Was any thought being given to that economic aspect of the question?

36. In any process of decentralization, there was a risk that the State or public institution might feel that its responsibility could more appropriately be assumed by the private sector. The most disadvantaged groups would then either be cared for by private groups or neglected altogether. Against that background, it would be interesting to know in what areas NGOs intervened most often, whether their intervention was routine practice, and whether any measures were envisaged to guard against the neglect of disadvantaged groups in the wake of decentralization.

37. Mr. HAMMARBERG noted that the Children's Council appeared to perform the functions of an ombudsman, but without the possibility for submission of complaints by individuals. If it was to be independent of the authorities, the Council must be able to rely on its own resources. Did its secretariat have sufficient resources to conduct its own research and to prepare reports independently? Was there any link between the Council and Parliament, for example through the submission to Parliament of an annual report on the overall situation of children in Denmark?

38. Mrs. SARDENBERG said she would like further clarification of the objectives of the Inter-Ministerial Committee. Five broad objectives were enumerated, but there was no reference to the Convention and its principles. Did those objectives pre-date the Convention? If so, had they been adjusted following the Convention's entry into force?

39. Ms. POULSEN (Denmark) said that, with regard to the use of resources, action was being targeted at the children who were in most need. The aim was to improve the working practices of professionals working with children and the family. DKr 45 million had been allocated for a concrete project to be carried out over the next four years and organized on a local basis. The benefits from the project should include an increase in multidisciplinary activities and improved collaboration among the services concerned. Danish professionals were well qualified but not always well coordinated. Health visitors would be assigned an important role in ensuring coordination.

40. The Children's Council was required to report annually to the Ministry of Social Affairs and its reports would be made public. The Council had a four-person secretariat which could do research work, but it was more likely that the Council would propose research topics to Denmark's Institute of Social Research.

41. Ms. KLINGSEY (Denmark) said that a campaign had been launched in 1991 to disseminate information about the Convention. Four publications had been issued: a picture book for young children; a newsletter and newspaper for schools; and a book for adults. All schoolchildren had received free copies of the first three publications, which were written with children in mind. Copies of the publications would be made available to the Committee. In answer to Mr. Kolosov's point, she could say that there might well be some Danish children who knew nothing about the Convention, but they probably knew little about any other subject either.

42. There had been much discussion of the Convention among teachers and many of them had incorporated its provisions in their teaching. The publications about the Convention had been circulated to the school psychological consultation centres and the Ministry of Education had organized briefings for the heads of the centres. Teachers generally paid much attention to children's rights and often arranged formal and informal discussions of their implications. Responsibility for the content of the school curriculum rested with the local authorities, but some subjects, including education about health, sex and the family, were obligatory. It was safe to say that children's rights did form part of the curriculum in Denmark.

43. However, awareness of children's rights did not stem from the Convention alone. The established aims of education in the Folkeskole (primary and lower secondary levels) included the all-round personal development of the individual pupil and preparation of pupils to take an active part in society on the basis of freedom and democracy. It was hard to legislate about such matters, but they were part of the essence of Denmark's education system. Pupils were represented on school boards and had the right to appoint some of their members. Pupils also had a say in what was taught in the classroom.

44. Mrs. SANTOS PAIS said that there should also be a link between education about the Convention and information for refugee children seeking asylum in Denmark. Had Denmark arranged any activities in connection with the Council of Europe campaign for tolerance and understanding of refugees and the United Nations Decade for Human Rights Education? She agreed that the Education Act incorporated the provisions of article 29 of the Convention on the aims of education but would like to know what actual difference the Convention had made to the education system.

45. Mr. KOLOSOV asked whether school teachers were happy that their pupils should become aware of their legal rights and must be treated in accordance therewith.

46. Mr. HAMMARBERG said he would like to hear something about the education of professionals, police officers for example, in the provisions of the Convention.

47. Ms. KLINGSEY (Denmark) said that it was too early to say whether the Convention had had an impact on the teaching of other subjects. Education about human rights formed part of several subjects, and children's rights were certainly covered. Developments would be monitored. She was sure that the teachers were happy, for the provisions of the Convention were consistent with the aims of the Folkeskole she had mentioned earlier. Respect for human rights was deeply rooted in the teaching profession. She had no information about the curricula of police schools, but incorporation of the Convention in the curricula of teacher training colleges would take some time because it required parliamentary legislation. Decision-makers were certainly aware of the issue and some action had already been taken. She would be pleased to supply more details in a written answer.

48. Mr. HOLDT (Denmark) referred the Committee to Denmark's reply on issue No. 12, on the subject of the education of refugees. Refugee children with residence permits were integrated into the school system through reception classes and thereafter received the same education as Danish children. Consideration would be given to translating the Convention into the languages spoken by refugee children, but there were 28 such languages and resources might not be sufficient.

49. Mrs. SANTOS PAIS said that she was aware of the reply on issue No. 12, but really wanted to know about the value of the Convention in the education system. For example, was it used as a tool to create awareness of different cultures and countries? The Convention had already been translated into many languages, since States parties had a duty to translate it into their own language. Perhaps the Committee secretariat could make translations available.

50. Mr. HAMMARBERG said that the Office of the United Nations High Commissioner for Refugees, which had a Nordic bureau, was the obvious coordinator for the translation of the Convention. Perhaps a universal solution to the problem could be found.

51. Mr. HOLDT (Denmark) said that he would report back to his authorities on the question of the Council of Europe campaign. Activities had already been organized in schools on a local basis; some materials were being produced nationally for distribution, and radio and television programmes had been arranged. The Convention was not mentioned specifically in the campaign materials, but many of its provisions were covered.

52. Ms. SCHMIDT said that issue No. 7, concerning budgetary resources, might not have been properly understood by the Danish authorities. Funds were, of course, made available for activities connected with children's rights, but it was hard to separate them from the various budget appropriations. He would try to obtain further details from the Ministry for Fiscal Affairs, and it was possible that the local school authorities would be able to provide a more precise accounting of the use of their funds.

53. Mr. HAMMARBERG said he agreed that it was difficult to separate the funds spent on children's rights, since there was much overlapping of budget appropriations. However, some countries had tried to do that by incorporating children's indicators in their budget process. It was certainly important for children's concerns not to be forgotten in budget formulation. Perhaps the best thing was for Parliament to hold a specific debate on children.

The meeting rose at 6.05 p.m.

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