Denmark - Universal Periodic Review

UPR 38, May 6, 2021
Recommendations by Canada

Background

Denmark has a longstanding tradition of protecting human rights, which remains a priority and continues to be supported by the joint efforts of the government and Denmark’s strong civil society institutions. Since the last review, Denmark has taken a number of steps and introduced new legislation that addresses previous human rights concerns in several areas. These include: withdrawing the territorial reservation for the Faroe Islands and Greenland to the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; cross-sectoral legislation prohibiting discrimination against persons with disabilities; an action plan to strengthen rights and equal opportunities for LGBTI persons. Denmark has passed consent-based rape legislation and an amendment to the Equal Treatment Act, clarifying the scope of sexual harassment. Digital safety has also been strengthened through different initiatives, including an awareness raising campaign about online harassment.

However, challenges remain. There is growing concern over the treatment of ethnic minorities and refugees in Denmark. The Danish Human Rights Institute note with concern that neighborhoods in Danish cities can be designated as “vulnerable” according to specific criteria and as “ghettos” if more than 50 percent of the residents are immigrants or descendants of immigrants from non-Western countries. Hard ghettos” are areas that have been classified as "ghetto" four years in a row. The ghetto legislation includes requirements targeting ethnic communities including obliging “hard ghettos” to reduce public housing stock to no more than 40% in 2030 and to make them available for redevelopment. The Danish Human Rights Institute also note continued challenges when it comes to ensuring effective protection against hate crimes with a significant degree of underreporting, few charges and even fewer convictions.

UNHCR warns that proposed legislation to transfer asylum-seekers to processing and accommodation centers in third countries could lead to asylum-seekers being transferred to countries where access to international protection is not guaranteed or where they risk serious harm. 

According to the Danish Human Rights Institute, challenges also remain in regards to gender equality, including within the area of participation in public debate and politics. Research by the Institute shows that 40 percent of women abstain from the public debate online due to the harsh tone and derogatory comments targeting their gender.

Finally, according to the Greenland Human Rights Council, there is a lack of funding, resources and proper structures for the council, which is the national human rights body. Legislatively, there is still a need for general protection against discrimination on all recognised grounds, including gender, race or ethnic origin, disability, age, sexual orientation and religion, both within and outside the labour market in Greenland.

Recommendations

Thank you, Madam President.

Canada welcomes the positive steps taken by Denmark to improve gender equality and LGBTI-rights, including introducing consent-based rape legislation and an action plan to strengthen equal opportunities.

Canada recommends that Denmark:

1. Refrain from shifting its asylum and protection obligations to third countries and ensure adequate protection in law and practice for asylum seekers.
2. Refrain from using ethnic background as the basis for national housing policies.
3. Hold social media companies to account when illegal user-generated content is not addressed in a timely fashion.
4. Introduce legislation to protect residents of Greenland against discrimination on all recognised grounds, within and outside the labour market, including establishing an independent appeals board.

Canada welcomes Denmark’s positive initiatives to combat hate crime, including training courses for the National Police, but remains concerned about unregistered hate crimes. As recommended during Denmark’s last UPR, Canada urges Denmark to ensure targeted training of law enforcement to strengthen capacity to conduct special investigations, accurately register complaints and reflect victims’ perspectives.