1. The Committee considered the fourth periodic report of Denmark (CCPR/C/DNK/99/4)
at its 1876th and 1877th meetings (CCPR/C/SR.1876 and 1877) held on 20 October
2000, and adopted the following concluding observations at its 1888th meeting
(CCPR/C/SR.1888), held on 30 October 2000.
2. The Committee welcomes the timely submission of the State party's fourth
periodic report and its detailed information on laws, practices and measures
taken relating to the implementation of the Covenant. The Committee commends
the State party for the thoroughness of the report, for following the Committee's
guidelines on reporting and for addressing the Committee's concerns expressed
in the previous concluding observations (CCPR/C/79/Add.68).
B. Positive aspects
3. The Committee commends Denmark for maintaining a high level of respect
for human rights generally and for its obligations under the Covenant.
4. The Committee welcomes Denmark's efforts to educate its population,
and in particular to train the police, in human rights. The Committee
appreciates that following its third periodic report, Denmark changed
the rules and practices on the use of police dogs in crowd control. The
Committee notes with appreciation Denmark's new rules on examination of
complaints concerning the police, and will welcome information on the
results of the new procedures in Denmark's next periodic report (art.
5. The Committee notes the
high level of respect for gender equality in Denmark and the measures
taken to achieve full equality where this has not been achieved (art.
6. The Committee commends
Denmark for developments in the provision of legal training in Greenland,
the promotion of Greenland's financial independence and the support for
Greenland Houses in Denmark. The Committee will welcome further information
in these respects in Denmark's fifth periodic report. The Committee also
welcomes Denmark's initiative in translating the Covenant into Greenlandic
7. The Committee welcomes
the amendment to the Danish Criminal Code to prohibit advocacy of national
or racial hatred (art. 20).
C. Principal subjects of concern and recommendations
8. The Committee is concerned about the full protection in Denmark of individual
rights under the Covenant. The Committee notes that Denmark has set up a
body to consider the incorporation into domestic law of several human rights
treaties, including the Covenant (CCPR/C/79/Add.68, para.11).
9. The Committee continues to
be disappointed that Denmark has not decided to withdraw any of the reservations
entered upon its ratification of the Covenant.
The State party should
take any steps necessary to ensure that all rights under the Covenant
secure full protection in Danish law. It should inform the Committee
about the measures taken and the success of such measures.
10. The Committee regrets the
delay in resolving the claim for compensation by the members of the Thule
community in Greenland in respect of their displacement from their lands
and the loss of traditional hunting rights on account of the construction
of the military base at Thule (CCPR/C/79/Add.68, para.15). The Committee
is concerned over reports that the alleged victims in the Thule case were
induced to reduce the amount of their claim in order to meet the limitations
set in legal-aid requirements; the Committee wishes to be informed on this
Denmark should continue
to consider withdrawing some or all of its reservations to the Covenant
(CCPR/C/79/Add. 68, para. 12).
11. The Committee is concerned
that it has not received further information on the implementation of the
Covenant in the Faeroe Islands (CCPR/C/79/Add.68, para.16).
The Committee notes the
Danish delegation's undertaking to provide information on the outcome
of the Thule case (arts. 2 and 27).
12. The Committee is particularly
concerned about the wide use of solitary confinement for incarcerated persons
following conviction, and especially for those detained prior to trial and
conviction. The Committee is of the view that solitary confinement is a
harsh penalty with serious psychological consequences and is justifiable
only in case of urgent need; the use of solitary confinement other than
in exceptional circumstances and for limited periods is inconsistent with
article 10, paragraph 1, of the Covenant.
The State party should
include such information in its next report. It should also inform the
Committee concerning the implementation of the right of self-determination
for the population of the Faeroe Islands (art. 1).
13. The Committee is concerned
that persons whose rights under the Covenant are violated have an effective
remedy in all cases.
Denmark should reconsider
the practice of solitary confinement and ensure that it is used only
in cases of urgent necessity.
14. Issues of equality and non-discrimination
(arts. 3 and 26):
Denmark should ensure,
in particular, that in order to secure the victim's right to a remedy,
the Covenant may be invoked before Danish authorities and courts (art.
15. The Committee notes that,
under the Aliens Act, article 40c, the Immigration Authorities may require
DNA testing of an applicant and the persons with whom the applicant claims
family ties on which a residence permit is to be based.
(a) The Committee expresses
concern that despite continuing efforts by the State party, as noted
in paragraph 5 above, there remain areas of discrimination against women,
notably in respect of employment in the public and private sectors and
in applications for asylum.
Denmark should provide
information on measures taken to address these matters in its next
(b) The Committee is concerned
about reports of discrimination against ethnic minorities.
Denmark should ensure
equality of treatment for ethnic minorities. In particular, in view
of information that there continue to be occurrences of racial discrimination,
for instance in restaurants and nightclubs, the Committee recommends
that measures be taken to prevent such discrimination. It requests
further information on these matters.
(c) Denmark should provide
additional information with respect to equality between
National Church members
and members of other religions, and between members of religions and
non-believers, in respect of financial subventions, educational costs
and special taxes.
16. The Committee notes that
asylum-seekers in Denmark are often restricted or discouraged from choosing
a residence in specific municipalities or from moving from one municipality
DNA testing may have important
implications for the right of privacy under article 17 of the Covenant.
Denmark should ensure that such testing is used only when necessary
and appropriate to the determination of the family tie on which a residence
permit is based (art. 23).
17. The Committee notes that
asylum-seekers are entitled to have the assistance of legal counsel. The
State party should provide information as to the stages of the application
procedures at which legal assistance may be had, and whether the assistance
is free of charge at all stages for those who cannot afford it (art. 13).
Denmark should ensure
that any such measures are applied in strict compliance with article
12 of the Covenant.
D. Dissemination of information about the Covenant
18. Denmark's fifth periodic report should be submitted by 31 October 2005.
That report should be prepared in accordance with the revised guidelines
adopted by the Committee (CCPR/C/66/GUI/Rev.1) and should give particular
attention to the issues raised in these concluding observations. These concluding
observations and the next periodic report should be widely disseminated