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Denmark - Consideration of reports submitted by States Parties under Article 44 of the Convention on the Rights of the Child: Periodic reports of States parties due in 1998: Addendum [2000] UNCRCSPR 8; CRC/C/70/Add.6 (31 March 2000)

UNITED
NATIONS

CRC

G004123900.jpg

Convention on the
Rights of the Child


Distr.
GENERAL

CRC/C/70/Add.6
31 March 2000

Original: ENGLISH








COMMITTEE ON THE RIGHTS OF THE CHILD

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

Periodic reports of States parties due in 1998


Addendum

Denmark*

[15 September 1998]









________________________


* For the initial report submitted by the Government of Denmark, see CRC/C/8/Add.8; for its consideration by the Committee, see documents CRC/C/SR.199 to SR.201.


GE.00-41239 (E)

CONTENTS


Paragraphs Page

I. GENERAL OBSERVATIONS 1 - 3 8

II. GENERAL MEASURES OF IMPLEMENTATION 4 - 16 8

A. Denmark’s reservation concerning the Convention 4 - 5 8

B. Coordination of Danish policies on children 6 - 10 8

1. The Inter-Ministerial Committee on Children 7 - 9 9

2. The Trans-Ministerial Youth Committee 10 9

C. Participation by private organizations and the National
Council for Children in initiatives concerning
children 11 - 16 10

1. Private organizations 11 - 12 10

2. The National Council for Children 13 - 16 10

III. OBSERVATIONS RELATING TO INDIVIDUAL PROVISIONS
OF THE CONVENTION 17 - 289 11

Article 2 - Non-discrimination 17 - 20 11
- Racist utterances 17 - 18 11
- Ethnic minorities and the police 19 - 20 11

Article 3 - Best interests of the child 21 - 26 12
- Unaccompanied refugee children 21 - 25 12
- Accompanied refugee children 26 12

Article 4 - Measures to implement the provisions of the
Convention 27 - 43 13
- The Integration Committee 27 - 29 13
- International aid and development work 30 - 41 13
- The general effort relating to child labour 31 - 38 13
- Specific projects 39 - 41 14
- Culture 42 - 43 15

CONTENTS (continued)


Paragraphs Page

Article 7 - Seeking to maintain the child’s ties with both
parents 44 - 59 15
- Report of the Committee on Child
Legislation 44 - 59 15
- Establishment of paternity 44 - 48 15
- A man’s right to legal proceedings to establish
paternity 49 16
- Joint custody for unmarried cohabitants 50 16
- The child’s right to know its genetic father 51 - 54 16
- Paternity by artificial insemination 55 - 57 16
- Maternity by artificial insemination 58 - 59 17

Article 9 - Separation of child and parents 60 - 62 17

Article 10 - Family reunification 63 - 66 17

Article 11 - Illicit transfer and non-return of children abroad 67 - 72 18

Article 12 - Respect for the views of the child 73 - 88 19
- General observations 73 19
- The Act on Names 74 - 75 19
- Adoption 76 19
- Health 77 - 80 19
- Teaching 81 - 84 20
- Day-care and youth club services 85 20
- Observations on Greenland 86 - 88 20

Article 17 - Children’s access to information 89 - 95 21
- Culture 89 - 95 21

CONTENTS (continued)


Paragraphs Page

Article 18 - Parental responsibility and assistance to parents 96 - 167 22
- Custody and right of access, etc. 96 - 105 22
- Custody 98 - 101 22
- Counselling by child experts 102 - 103 22
- Right of access 104 - 105 22
- The family 106 - 119 23
- Maternity leave 108 23
- Parental leave 109 - 110 24
- Collective agreements and other agreements 111 - 113 24
- Development of family-friendly workplaces 114 - 116 24
- Single parents 117 - 118 25
- Teenage mothers and young families 119 25
- Social Service Act 120 - 124 25
- Day-care services for children 125 - 151 26
- Number of places 135 - 138 28
- Quality of day-care services for children 139 - 142 28
- Physical environment in day-care institutions
for children 143 - 145 29
- Working group on initiatives on bilingual
children in day care, etc. 146 29
- Cooperation between day-care service and
school 147 30
- Supplements for private day care 148 - 151 30
- Club schemes 152 - 155 30
- Financial allowances for children and their
families 156 - 167 31
- Child allowances 158 - 161 31
- General family allowance 162 - 163 32

CONTENTS (continued)


Paragraphs Page

- Compensation for parents with seriously ill
children 164 32
- Extra expenses for maintenance of disabled
children at home 165 - 166 32
- Supplementary allowances 167 32

Article 19 - Protection of the child 168 33

Article 21 - Adoption 169 - 175 33

Article 24 - Standard of health of the child 176 - 184 34
- Alcohol 176 - 178 34
- Eating disorders 179 - 180 34
- Suicide 181 - 182 34
- Observations on Greenland 182 34
- HIV and AIDS 183 35
- Health conditions for refugee and immigrant
children 184 35

Article 25 - Review of decisions on placement 185 35
- Observations on Greenland 185 35

Articles 26 and 27 - Social security and the right to a reasonable
standard of living 186 - 206 35
- Special support for children and young
people 186 - 192 36
- The Government action plan for initiatives on
behalf of the most vulnerable children and
young people 193 - 205 36
- Follow-up on the action plan 195 36
- Methodological development as part of a
strengthening of cross-disciplinary cooperation
and early efforts 196 - 202 37

CONTENTS (continued)


Paragraphs Page

- Permanent contact person 203 38
- Open pre-school services for all children 204 - 205 38
- Observations on Greenland 206 38

Article 29 - Education 207 - 215 38
- General observations 207 - 209 38
- Aliens and education 210 - 211 39
- Asylum-seeking children and education 212 - 215 39

Article 31 - Leisure-time and cultural interests 216 - 222 40
- Children of culture 216 - 219 40
- Coordination of work in the cultural field 220 - 222 41

Article 32 - Economic exploitation of children, including
child labour 223 - 234 41
- Labour Ministry action plan “A clean working
environment by the year 2005” 223 41
- Amendments of the Working Environment Act
as concerns the work of children and young
people 224 - 231 42
- Funds for working environment experiments at
educational institutions 232 43
- Statistics on reported occupational injuries and
diseases among children and young people 233 - 234 43

Article 34 - Sexual exploitation and abuse 235 - 243 44
- Child pornography 235 - 242 44
- Child prostitution 243 45

Article 37 - Children deprived of their liberty 244 - 261 45
- Young people deprived of their liberty within the
criminal justice system 244 - 253 45
- Administrative deprivation of the liberty of
children and young people 254 - 261 47

CONTENTS (continued)


Paragraphs Page

Article 39 - Physical and mental recovery and
resocialization 262 - 267 48
- Video interviewing of children 262 - 267 48

Article 40 - Children and the judicial system 268 - 279 49
- Youth contracts 268 - 273 49
- Enhanced social efforts towards criminal
and potentially criminal children and
young people 274 - 279 50
- Strengthened outreach efforts 275 - 277 50
- Violence secretariat 278 - 279 50

Article 42 - Dissemination of knowledge of the Convention 280 - 289 51
- Field of education 280 - 282 51
- The police 283 - 289 51

I. GENERAL OBSERVATIONS


1. This is Denmark’s second periodic report pursuant to article 44 of the Convention on the Rights of the Child of 20 November 1989 (the Convention). The report accounts for the measures adopted by Denmark to realize the rights recognized by the Convention and for the progress made concerning the enjoyment of these rights since the first report was submitted in 1993. Information up until the summer of 1998 has been included.

2. The proposals and recommendations made by the Committee on the Rights of the Child on the basis of its review of Denmark’s first report are discussed under the observations on the individual provisions of the Convention.

3. The private organizations, associations and the like that deal with children’s conditions in Denmark have had an opportunity to submit their contributions and views for the purpose of the deliberations of the Danish Government in connection with its elaboration of this report.

II. GENERAL MEASURES OF IMPLEMENTATION

A. Denmark’s reservation concerning the Convention

4. Concerning Denmark’s reservation to article 40 (2) (b) (v) (right to have criminal cases tried before two instances), the Standing Committee on Procedural Law (Retsplejerådet) submitted a report (report No. 1352/98) in January 1998 on the trial of jury cases. It proposed that jury cases should be tried before the district court in the first instance, and that appeal against the district court judgement should lie to the High Court, which is to be able to retry the case completely, including both the issue of guilt and the severity of the sentence. Thus, a proper two-instance scheme would be implemented, even for the most serious criminal cases. It has not been finally decided when a bill in this field can be introduced.

5. The issue of restricting the right to appeal district court decisions in minor criminal cases is also comprised in Denmark’s declaration not to be bound by article 40 (2) (b) (v) of the Convention. The Standing Committee on Procedural Law has postponed this issue for later consideration.

B. Coordination of Danish policies on children


6. As mentioned in Denmark’s first report, coordination of the Government’s policies on children is handled by the Ministerial Committee on Children (Regeringens Børneudvalg) and a parallel committee of civil servants, the Inter-Ministerial Committee on Children (Det Tværministerielle Børneudvalg). Coordination of the Government’s youth policies is handled by the Trans-Ministerial Youth Committee (Det Tværministerielle Ungdomsudvalg).

1. The Inter-Ministerial Committee on Children

7. In recent years the Inter-Ministerial Committee on Children has targeted its work along three approaches to the policies on children and families with children:

− Initiatives towards families in general, inter alia, the project “Better harmony between working life and family life” (Bedre sammenhæng mellem arbejdsliv og familieliv);

− Initiatives targeted at children and young people, such as “Children as fellow citizens” (Børn som medborgere), “Children’s active participation in society” (Børns aktive medvirken i samfundet) and the work of elaborating a coherent youth policy;

− Initiatives targeted at the most vulnerable children, young people and families, such as an action plan for the most vulnerable children and young people.


8. Only by working along all three approaches concurrently is it possible to create an expedient and coherent policy on children and families with children.

9. On 1 January 1997, the Inter-Ministerial Committee on Children received updated terms of reference. It appears from the terms of reference that parents carry the main responsibility for children’s upbringing and that the task of society is to contribute by creating the best possible framework to enable parents to live up to their responsibility, and to support children, young people and families that need help nevertheless. Children and their families must have coherent everyday lives. According to its terms of reference. the Inter-Ministerial Committee on Children has to promote these objectives in its permanent work by increasing the attention paid to the situation of children and their families in the work performed by the ministries, by taking interministerial initiatives and in general by promoting concerted efforts. The goal is for the children-and-family approach to be a natural part of the daily work of the ministries.

2. The Trans-Ministerial Youth Committee

10. In January 1997, the Ministerial Committee on Children set up the Trans-Ministerial Youth Committee, a committee of civil servants from a number of ministries. The task of the Committee is, according to its terms of reference, regularly to prepare proposals for transministerial youth policies. At intervals of two to three years, the Committee is thus to prepare a youth policy paper reviewing the work on youth policies of the preceding years as well as proposals for the future youth policy of the Government. It also appears from the terms of reference of the Committee that it must involve, inter alia, the young people in the development of the youth policy.

C. Participation by private organizations and the National Council
for Children in initiatives concerning children

1. Private organizations

11. In Denmark it is the task of the State to lay down general guidelines for the various initiatives relating to children and young people. In this connection, private organizations are involved in different ways depending on the nature of the individual initiatives.

12. Responsibility for implementation of the provisions laid down at the central level in respect of children and young people rests with the local and county authorities to a wide extent. Both local and county authorities may use private organizations and associations to perform these tasks. To promote cooperate with voluntary social work, the Social Service Act (lov om social service), which became effective on 1 July 1998, lays down that local and county authorities must cooperate with voluntary social organizations and associations. An annual amount of DKr 100 million has been appropriated to support the voluntary social work.

2. The National Council for Children

13. To further promote the work of including the interests of children and young people in community planning, 1993 saw an initiative to set up a council for children. The National Council for Children (Børnerådet) was appointed in the summer of 1994 for a trial period. After the trial period the National Council for Children was made permanent from 1 July 1998. A ministerial Order on a National Council for Children has been prepared, describing its composition and tasks.

14. The National Council for Children has an independent and interdisciplinary composition. Together, the members must represent a wide insight into issues concerning children’s upbringing and development, children’s lives at school and at leisure, their cultural lives, child health, the legal position of children and children with special needs.

15. The tasks of the National Council for Children include:

− Working to ensure children’s rights and to direct focus on and inform about children’s conditions in society;

− Advising authorities on questions relating to children’s conditions;

− Including children’s views in its work; and

− Assessing the conditions under which children in Denmark live in the light of the provisions and intentions of the Convention.

16. In relation to the trial period, the field of competence of the National Council for Children has been expended. One example is that the Council has received a proper “watchdog function” in connection with implementation and follow-up of the Convention, and the Council has become a hearing instance in connection with new legislation, etc. involving the conditions of children and young people.

III. OBSERVATIONS RELATING TO INDIVIDUAL
PROVISIONS OF THE CONVENTION

Article 2 - Non-discrimination

Racist utterances


17. As mentioned in Denmark’s first report, section 266 b of the Danish Criminal Code (straffeloven) makes it a criminal offence to make statements or impart other information in public or with the intention of wider dissemination by which a group of people is threatened, insulted or degraded on account of race, colour, national or ethnic origin, religion or sexual inclination. Section 266 b of the Criminal Code also applies in cases involving children.

18. Section 266 b of the Criminal Code was amended in 1995, a subsection (2) on propaganda activities being inserted. It appears from the memorandum to the bill that the object is to increase the punishment for certain forms of violation of section 266 b of the Criminal Code, especially to try to prevent Denmark from becoming a sanctuary for Nazi or racist propaganda. In this connection a more strict enforcement of section 266 b of the Criminal Code is intended through a change in the way the prosecuting authorities charge suspects.

Ethnic minorities and the police


19. Together with the Documentation and Advisory Centre on Racial Discrimination (Dokumentations- og Rådgivningscentret om racediskrimination, DRC) and the National Commissioner of Police, the Ministry of Justice has prepared a brochure concerning ethnic minorities and the police. The brochure was published in the autumn of 1997. The purpose of the brochure is to inform about rights and duties in relation to the police and thus to help improve the contact between the police and ethnic minorities. The brochure, which has been distributed to all police districts and to the DRC for further distribution, has been prepared in a number of different languages.

20. In addition, in 1997 the Copenhagen Police prepared a special strategy on the relationship between the Copenhagen Police and ethnic minorities. The purpose of the strategy is to strengthen confidence in the police and the cooperation between the police and ethnic minorities and to identify possible areas of conflict and point to possible solutions.

Article 3 Best interests of the child

Unaccompanied refugee children


21. In relation to unaccompanied refugee minors deemed sufficiently mature to undergo actual asylum case examination, a special observer scheme has been established. The observer scheme means that an observer from the Danish Red Cross is present in connection with the minor’s asylum interview with the Danish Immigration Service (Udlændingestyrelsen) and in connection with the trial of the minor’s case before the Refugee Board (Flygtningenævnet). An expansion of this observer scheme to include serving on the child the decisions of the Danish Immigration Service and the Refugee Board in the asylum case is being considered.

22. In addition, the Danish Immigration Service has appointed an internal working group which is finishing a report on unaccompanied minor asylum-seekers, which is expected to contain a number of proposals for improving the conditions for this group of children.

23. Unaccompanied refugee children are accommodated at two special children’s centres with improved conditions compared with ordinary accommodation centres, both in respect of space and of staffing.

24. In 1996, the children’s centres were assessed by the Centre for Alternative Social Analysis (Center for Alternativ Samfundsanalyse), which points to various possibilities for further improvements for the unaccompanied refugee children. In recent years the physical facilities of the centres have been continuously adapted so as to be optimum at any time under the given conditions. Furthermore, an enhancement of both the educational work and the further training of centre staff has been initiated.

25. Quite a number of unaccompanied minor refugee children are accommodated privately with relatives or a foster family after a stay of some duration at one of the children’s centres. Such private accommodation must be approved by both the Danish Red Cross and the Danish Immigration Service as well as the local authority of residence.

Accompanied refugee children


26. Refugee children who arrive in Denmark together with their parents are accommodated together with them, and children accompanied by a person than the person having custody are accommodated together with that person. In these cases they are accommodated in a specific accommodation centre. Concerning children of asylum-seekers who are deprived of their liberty, reference is made to the observations below under article 9.

Article 4 - Measures to implement the provisions of the Convention

The Integration Committee


27. The Integration Committee (Integrationsudvalget) under the Ministry of the Interior submitted a report in May 1997 on the integration of refugees and immigrants. The report contains a large number of proposals for integration initiatives towards children and young people.

28. Among these proposals is further education of the professions working daily with children and young immigrants and refugees. Thus, the Committee proposes that the local authorities should ensure that employees of municipal institutions have a possibility of attending the requisite courses in multicultural understanding, and that cultural understanding should be integrated as a theme in relevant subjects in the training of pre-school teachers and youth educators. Similarly, the Committee proposes further education in cultural understanding for teachers and guidance counsellors at institutions of secondary education, to the extent required.

29. The Committee also proposes that a determined effort be made to strengthen the participation of young immigrants and refugees in leisure-time schemes and that initiatives are taken at municipal and local levels to strengthen information efforts towards bilingual young people and their parents about the leisure activities offered locally.

International aid and development work


30. The consideration of children is an integral part of the Danish efforts for human rights and democracy. An important part of these efforts involves special activities for especially exposed population groups, such as aborigines, victims of torture, children and the disabled. The following examples of the Danish efforts in relation to children can be mentioned.

The general effort relating to child labour

31. The Social Summit held in Copenhagen in March 1995 adopted a number of recommendations that the countries are to try to observe for the purpose of fighting child labour.

32. Within the World Trade Organization, Denmark is working for the appointment of a group to consider in detail the correlation between trade and worker rights, including a prohibition against child labour.

33. Within the European Union, certain of the preferences of a developing country in relation to its trade with the European Union (the generalized system of preferences (GSP)) can be withdrawn if a developing country does not observe the obligation not to use child labour.

34. Denmark contributes an annual amount of DKr 5 million to the International Programme on the Elimination of Child Labour of the ILO. In addition, Denmark takes an active part in the elaboration of the ILO convention on elimination of the worst forms of child labour.

35. In 1997, Denmark granted DKr 40 million to the emergency aid programme of UNICEF and DKr 5 million to UNICEF via the decentralized granting powers of the Danish embassies. Moreover, in 1998 the intention is to grant a contribution to UNICEF of DKr 200 million for the work of the organization. In addition, a consultant financed by Denmark is being appointed to the UNICEF Division for Child Protection in New York.

36. Apart from this, Denmark supports UNICEF’s work through active participation in the board meetings of the organization and through influence of the organization during the annual negotiations with UNICEF, in which Denmark takes part at a high level. Furthermore, Denmark supports European and international efforts to fight commercial exploitation of children, most recently by participation in the Council of Europe conference in May 1998 relating to the followup to the Stockholm conference held in 1996 on commercial sexual exploitation of children.

37. Denmark is an active participant in the work of elaborating two optional protocols to the Convention on the Rights of the Child. In the working group on an optional protocol on children in armed conflicts, Denmark is working for the elimination of the use of children for participation in armed combat, and Denmark also supports a minimum age limit of 18 years for recruitment to the armed forces. As concerns the working group on sale of children, child prostitution and child pornography, Denmark is working for a protocol that can effectively strengthen the legal tools for a national and international fight against the commercial exploitation of children.

38. Denmark currently has a dialogue with the 20 socalled programme countries on which Danish bilateral development aid is concentrated. This is done, for example, during the annual negotiations in which the ratification and observance of relevant conventions on child labour are discussed. The 20 programme countries are: Bangladesh, Benin, Bhutan, Bolivia, Burkina Faso, Egypt, Eritrea, Ghana, India, Kenya, Malawi, Mozambique, Nepal, Nicaragua, Niger, Tanzania, Uganda, Viet Nam, Zambia and Zimbabwe.

Specific projects

39. During the first six months of 1998, a global march against child labour will be completed, starting at four different places: the Philippines, South Africa, Brazil and the United States. Through the labour organization the Danish Confederation of Trade Unions (Landsorganisationen i Danmark), the Danish Ministry of Foreign Affairs has granted US$ 40,000 for implementation of the march, and DKr 100,000 have been granted for information in Denmark.

40. In the period from 1994 to the end of 1997 a total of 31 projects were planned, implemented or concluded, aimed specifically at education, rights, rehabilitation, capacitybuilding and the fight against child labour. The accumulated grants for these projects total about DKr 110 million. The projects are distributed geographically, with 12 in Africa, 11 in Asia and 8 in Latin America. The projects are implemented mainly by nongovernmental organizations and are typically financed via the decentralized granting powers of the embassies.

41. In 1996 and 1997, Denmark furthermore supported Defence for Children International with about DKr 500,000 a year.

Culture


42. In 1997, the Ministry of Culture in cooperation with the Ministries of Ecclesiastical Affairs, Social Affairs and Education initiated a threeyear pilot scheme supporting art and culture in children’s institutions.

43. “Culture and preventive work” (Kultur og det forebyggende arbejde) is also an interministerial initiative aiming to develop new forms and methods of cooperation in the preventive work among exposed groups of children and young people. These new forms and methods of cooperation have been prepared through several years of committee work and are now being realized in the form of a number of development projects with selected local authorities. The cooperation will involve the Ministry of Social Affairs, the Ministry of Education, the National Board of Health (Sundhedsstyrelsen), and the Danish Crime Prevention Council (Det Kriminalpræventive Råd).

Article 7 Seeking to maintain the child’s ties with both parents

Report of the Committee on Child Legislation


Establishment of paternity

44. In 1997, the Committee on Child Legislation (Børnelovsudvalget) of the Ministry of Justice submitted a report on the legal position of children (report No. 1350/1997).

45. The report expresses fundamental views on a child’s right to two parents and on equality between children of married parents and those of parents cohabiting without being married.

46. The result of the change in family patterns is that about 41 per cent of all children, just under 28,000 children a year, are borne by women living in cohabitation without being married.

47. Against this background, the report proposes a new system of establishing paternity that gives married and unmarried cohabitants the same legal position concerning how to establish paternity. When the parents are cohabiting, whether they are married or not, paternity then normally just has to be stated and registered in connection with the preparation of birth papers.

48. According to the proposal of the Committee on Child Legislation, attempts should be made to settle the remaining rather few paternity cases by means of the local government offices of the counties, which will be empowered to procure DNA evidence to the extent necessary. The new DNA methods mean that in almost all cases the child’s father can be established with a probability amounting almost to certainty. When a DNA test points to a specific man as the father, the man must therefore normally be expected to acknowledge his paternity voluntarily. The few cases that cannot be settled by the local government office will have to be brought before the court, which can issue an order of paternity, if necessary.

A man’s right to legal proceedings to establish paternity

49. Pursuant to the present rules of the Children’s Act (børneloven) only a husband has a right to institute affiliation proceedings to have his paternity established. In the report, the Committee on Child Legislation proposes that other men should also have a right to legal proceedings to determine paternity.

Joint custody for unmarried cohabitants

50. In the report, the Committee on Child Legislation proposes to introduce rules on automatic joint custody for unmarried cohabitants. This proposal is discussed in detail below in connection with article 18.

The child’s right to know its genetic father

51. The Committee on Child Legislation has also proposed rules aiming to ensure the child’s right to know its genetic father.

52. According to the proposal, a child for whom, at the time of birth or later, no father has been established should have free access to instituting affiliation proceedings if circumstantial evidence points to a specific man as the child’s father.

53. If paternity has been established, however, according to the proposal of the Committee it would only be possible to request resumption of the affiliation proceedings if the mother, the child or a guardian of the child and the father or his estate agree and it is rendered probable that another man can become the child’s father.

54. Besides the rules on the child’s right to have paternity established by instituting or resuming affiliation proceedings, the Committee on Child Legislation proposes that the child should have a wide right of access to documents concerning the question of who its genetic father is.

Paternity by artificial insemination

55. The Committee on Child Legislation proposes that the husband or the cohabitant is to be the child’s father if he has consented to artificial insemination and the child has been conceived thereby.

56. It follows from Act No. 460 of 10 June 1997 on artificial insemination in connection with medical treatment, diagnostics and research, etc., that a sperm donor is to remain anonymous if the sperm was donated for the purpose of a doctor’s use for artificial insemination or to a public or private sperm bank operated under a doctor’s responsibility. Against this background, the Committee on Child Legislation proposes that it be specified that a sperm donor cannot be adjudicated father of a child conceived by artificial insemination with his sperm in such cases.

57. The Committee on Child Legislation further proposes that in case of inseminations performed without the assistance of a doctor or under his responsibility, the donor should not be anonymous. Therefore, a donor or a partner should be able to be adjudicated father also because no forensic genetically applicable distinction can be made between a sexual relationship and insemination without the assistance of a doctor.

Maternity by artificial insemination

58. The Committee on Child Legislation proposes a legal provision to the effect that the mother of a child conceived by artificial insemination is the woman giving birth to the child. Such rule corresponds to what is assumed to be applicable law without any legislative support.

59. It has not been decided when a bill based on the report of the Committee on Child Legislation can be introduced.

Article 9 Separation of child and parents

60. Since the summer of 1998, as a pilot scheme, the Institution for Detained AsylumSeekers in the Sandholm Camp of the Prison and Probation Service has been able to receive asylumseekers with small children (preschool age) deprived of their liberty. The pilot scheme will be evaluated after one year.

61. The pilot scheme means that a small section of the Sandholm Camp has been rearranged so that it can be completely isolated from the remaining part of the camp. Thus, the children will have contact with no other detainees than the detained parents and any other detained asylumseekers with small children. The Danish Red Cross will see to it that the children receive a preschool offer outside the closed section during the daytime.

62. As formerly, and to the extent possible, attempts will be made to avoid depriving families or single men and women with children of their liberty. In the cases where such deprivation is necessary, the pilot scheme means that separation of the detainees and their small children is avoided, and efforts will be made to examine their case rapidly so that the detention will be as brief as possible.

Article 10 Family reunification

63. When a child applies for a residence permit for Denmark, this typically occurs concurrently with an asylum application from one or both parents. In these cases, the parents attend to the best interests of the child.

64. In the cases where a child staying abroad applies for family reunification in Denmark, the interests of the child are handled by either a family member residing in Denmark or a parent in the country of origin. In some cases, one parent is staying in Denmark while the other parent is staying in the country of origin. Also in these cases the parents attend to the best interests of the child.

65. The Danish alien’s authorities have no knowledge of cases where unaccompanied minors have filed applications for family reunification.

66. Family reunification cases relating to children are examined within the framework of the Aliens Act (udlændingeloven) and the Public Administration Act (forvaltningsloven). The Danish Immigration Service endeavours to examine these cases as quickly as possible. The average examination time is about three months at present, but work is being done to halve it during 1998.

Article 11 Illicit transfer and nonreturn of children abroad

67. As is known, Denmark has ratified the Hague Convention on the Civil Aspects of International Child Abduction of 1980 and the Council of Europe Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 1980.

68. Denmark’s accession to these conventions has considerably improved the possibilities of avoiding abduction of children residing in Denmark to another country and the possibilities of having children who are abducted out of Denmark contrary to the rules returned to Denmark.

69. In return for the protection afforded by said conventions to children residing in Denmark, Denmark has to honour the rules on custody applying to children residing in other contracting States and, if the occasion arises, be prepared to return the children transferred to Denmark contrary to these rules.

70. Against this background, the Ministry of Justice is very aware of the importance of private individuals having the possibility of receiving guidance on these conventions. This applies not least to persons who are residing in a country which has acceded to the conventions and which are considering, contrary to the rules of that country, bringing their child with them home to Denmark. In these cases it is crucial, if those persons apply to the Danish authorities for advice, that they are notified of the fact that under the rules of said conventions Denmark may be under an obligation to return the child.

71. To ensure that the persons involved receive the requisite guidance, the Directorate of Private Law (under the Ministry of Justice), which is appointed the central authority in Denmark under the conventions, places the experience and knowledge on the conventions which the Directorate has acquired in this capacity at the disposal of persons who approach the Directorate.

72. The Ministry of Foreign Affairs has also instructed Danish embassies and consular representations abroad to recommend to persons seeking advice and guidance on these questions in countries covered by said conventions to contact the Directorate of Private Law if necessary through the Foreign Service. The Danish representations abroad have also been instructed, in a given case, to advise the persons in question to seek legal advice in the country of residence as well.

Article 12 Respect for the views of the child

General observations


73. In recent years there has been much focus on the codetermination and influence of children and young people on their own lives. The InterMinisterial Committee on the Child, for example, has concluded experiments with codetermination of children and young people in daycare services, schools, associations and libraries. The experiments have shown that even very small children are able to make decisions when due consideration is given to their age and stage of development in general.

The Act on Names


74. An amendment of the Act on Names (navneloven) in 1997 changed the rules on inclusion of the view of the child on a change of its name. Pursuant to the former rules, in principle, change of a child’s name only required the child’s consent if the child was 12 years old or more.

75. Pursuant to the amendment in 1997, children below 12 years of age must also be involved in a case on change of the child’s name. There is no actual requirement of consent from the child, as with children of 12 years or more. However, information on the child’s views on the contemplated change of name must be available to the extent allowed by the child’s maturity and the circumstances of the case. The decision should also, to the widest extent possible, take into consideration the child’s view on the change of name contemplated.

Adoption


76. Also concerning adoption, said amendment in 1997 introduced rules on involvement of children below the age of 12 in cases concerning them. Reference is made to what is stated below concerning article 21.

Health


77. In the health field, the Folketing adopted an act on the legal position of patients in June 1998, the object of which is, inter alia, to involve children and young people as much as possible in the decision process concerning their conditions, adapted to their general maturity and situation in general.

78. As a main rule, young people who are past 15 years of age thus have to give their consent to medical treatment, etc., pursuant to the act. The person having custody is to have the same information as the young person and in general be involved in the decisionmaking of the young person.

79. In the cases where the young person and the parents disagree, the view of the young person is decisive. Only when a medical officer deems, upon individual assessment, that the young person is not capable of understanding the consequences of his or her decision is the view of the person having custody decisive.
80. Children and young people under 15 years of age who are sufficiently mature to decide on medical treatment are to be informed and involved in the discussions on the treatment, but there is no requirement of consent proper.

Teaching


81. The Education (Folkeskole) Act (folkeskoleloven) stipulates that pupils must be represented on school boards with voting rights and that the head of the school is to involve the pupils in issues concerning their safety and health. In addition, the Education (Folkeskole) Act has a number of provisions on involvement of pupils in connection with decisions on the pupils’ participation in examinations after the ninth and tenth forms, the choice of certain subjects and decisions on continued school in the tenth form, etc.

82. Finally, the Education (Folkeskole) Act has provisions on the formation of pupils’ councils at every school with the fifth or higher forms. The pupils’ council will naturally be the body that attends to the pupils’ joint interests towards the school and towards the local authorities. The pupils themselves decide how the pupils’ council is to be composed and how it should be elected.

83. Denmark has nationwide pupils’ organizations. The Ministry of Education consistently sends bills and proposals for administrative regulations to these organizations for hearing. In addition, there is an increasing tendency for the pupils’ organizations to become represented on ministerial committees.

84. In January 1997, the Minister of Education submitted a statement to the Folketing on representative democracy in the educational system illustrating the scope of the representation of pupils and students, both in the controlling bodies of the institutions and in central councils. The statement concludes with a proposal on 11 fundamental rules for the democratic structure in the entire educational field. Most of the 11 fundamental rules have already been introduced in the primary school field.

Daycare and youth club services


85. It appears from the provision in the Social Service Act on the objective of daycare services that they should offer children the possibility of codetermination and coresponsibility and as part of this contribute to develop children’s independence and abilities to take part in binding relationships. It also appears from the rules on youth club services in the Social Service Act that the guidelines to be laid down by local authorities for the services are to ensure that children and young people have influence on the contents of the individual service.

Observations on Greenland


86. In 1993, the Landsting Regulation for Children and Young People was amended to ensure accordance with the Convention, including the stipulation in article 12 requiring the views of the child to be involved in matters affecting the child.

87. Thus, section 10 (3) of the Regulation lays down that when cases on measures pursuant to the Act are heard, the child’s views must be emphasized.

88. In cases on placement outside the home without consent and in cases of refusal to return children to their parents, sections 16 and 25 thus establish that all parties to the case must be encouraged to assist in the clarification of the case and to give a statement to the social welfare committee.

Article 17 Children’s access to information

Culture


89. Since Denmark’s first report, a number of acts have been implemented or amended in the field of culture to consider the special needs of children and young people even more.

90. Pursuant to the Danish Public Libraries Act (biblioteksloven), every Danish local authority thus has a duty either alone or together with other local authorities to maintain a public library with a special department for children.

91. The Theatre Act (teaterloven) lays down in the theatre field that the Travelling Children’s Theatre (Det Rejsende Børneteater) and the Reachingout Theatre (Det Opsøgende Teater) subsidized by State and county authorities must contribute to covering the need for travelling children’s theatres in the entire country. In addition, the Danish Theatre Council (Teaterrådet) appointed pursuant to the Act is to use a considerable part of its grant to support theatre activities addressing children and young people. Finally, the Act requires the State to repay half the price of the performances for children’s theatres approved for repayment purchased by local and county authorities.

92. It follows from the Museums Act (museumsloven) that to obtain and maintain State subsidies, a museum must give free access to pupils visiting the museum as part of their instruction.

93. An amendment to the Film Act (filmloven) in 1997 abolished the State Film Censorship (Statens Filmcensur) and replaced it by the Media Council for Children and Youth (Medierådet for Børn og Unge), which has a wider composition and a broader mandate than the State Film Censorship.

94. In connection with the amendment to the Film Act, the age limits for children applying for public showing or commercial sale, hire or lending of films were lowered from 12 and 16 years respectively to 11 and 15 years. Moreover, an adult companion scheme in the cinemas was introduced for children over 7, whereupon children over 7 accompanied by parents or another adult can have access to all films.

95. The amendment also established that the Danish Film Institute (Det Danske Filminstitut), which is in charge of the distribution of State grants for cinematographic art, film culture and cinematographic culture, must employ a children’s film consultant for the feature film field and a
children’s film consultant for the short feature and documentary film fields, and that at least 25 per cent of the funds set aside for the production of feature films, short feature films and documentary films is to be used for films for children and young people.

Article 18 Parental responsibility and assistance to parents

Custody and right of access, etc.

96. On 1 January 1996, a new Act on Custody and the Right of Access (lov om forældremyndighed og samvær) came into effect.

97. The Act involved a revision and modernization of the rules applicable so far in the Legal Capacity Act (myndighedsloven) concerning custody, right of access and counselling by child experts.

Custody

98. According to the new Act, joint custody for unmarried cohabitants still presupposes agreement between the parents.

99. However, the Act involved a strengthening of the legal position of the unmarried father who has no share of custody. Access to a transfer of custody to the father on cessation of longterm cohabitation with the mother has thus been relaxed so that the court now has to decide in these cases which of the parents is to have custody alone, especially taking account of the best interests of the child. In the cases where the parents did not cohabit or where cohabitation was not of long duration, custody can be transferred from the mother to the father if the change is in the best interests of the child.

100. In a report from 1997 on the legal position of children (report No. 1350/1997), the Committee on Child Legislation of the Ministry of Justice has proposed rules on automatic joint custody for unmarried cohabitants. Pursuant to the proposal, unmarried cohabitants automatically receive joint custody in connection with registration of the paternity of a newborn child if the parties declare that they cohabit, that it is their common child and that they will together take care of and take responsibility for the child. If one of the parents chooses to have the paternity established through affiliation proceedings with the local government office of the county, joint custody is not granted unless the parents so agree. Thus the proposal does not impose compulsory joint custody.

101. It has not been decided when a bill based on the report of the Committee on Child Legislation can be introduced.

Counselling by child experts

102. In connection with implementation of the Act on Custody and Right of Access, the rules on counselling by child experts were extended. The starting point is still that the local government office of the county is to offer parents and children counselling by child experts in case of disagreement on custody and the right of access. The purpose is to help the parties solve the conflict, taking into account the best interests of the child. However, a new feature is that the local government office of the county can now also offer counselling on custody and the right of access although there is no disagreement on the issue if the office deems that there is a special need therefor.

103. Concerning the issue of counselling by child experts, the Ministry of Justice (The Directorate of Private Law) in 1997 initiated a pilot scheme at the local government offices of Copenhagen and of Vejle county with increased counselling of children of cohabitants breaking up their relationship and from dissolved marriages. The pilot scheme is aimed at children involved in a conflict of custody or right of access. The pilot scheme expires at New Year 19981999 and will then be evaluated.

Right of access

104. In April and in November 1997, the Ministry of Justice (Directorate of Private Law) issued new guidelines to the local government offices of the counties on, inter alia, determination of the right of access. Together, the new guidelines improve the opportunities for the parent who does not have the child living with him or her to be together with the child.

105. Furthermore, on 1 January 1998, the local government office of Copenhagen County introduced a oneyear pilot scheme of mediation in cases relating to right of access. The basic idea of the scheme is an offer of alternative conflict solution where the mediators are to assist the parents in assuming responsibility themselves for making an agreement on the right of access.

The family


106. The family is the foundation and the framework of the child’s upbringing, and the parents have the primary responsibility for their children’s upbringing and development. Society must support families with children to enable them to perform this task.

107. Since most parents both mothers and fathers are connected with the labour market, this means that both legislation, collective agreements and other labour market agreements as well as the individual undertakings, in addition to the families themselves, have a responsibility for creating an appropriate framework for families with children to give them better opportunities of being together with the children and each other.

Maternity leave

108. The provisions on maternity leave have been much improved over the years. According to the present provisions, parents are entitled to a total of 24 weeks’ leave after the birth. The first 14 weeks are the mother’s alone the father is, however, entitled to two weeks’ paternity leave during this period. For the fifteenth to the twentyfourth week after the birth, the parents can agree which of them will stay at home with the child. In addition, as from 1 April 1998, the father is entitled to take two weeks’ paternity leave in weeks 25 and 26 after the birth of the child.

Parental leave

109. The Leaves Act (orlovsloven) allows parents to take leave to mind their own children for a consecutive period of at least 13 weeks and not more than 52 weeks when the children are between 0 and 8 years. Employees have an absolute right to leave from work to mind their own children for a consecutive period of 13 weeks. However, they have a right to leave for up to 26 weeks if the child was not yet one year old when the leave began. If an employee wants more leave than the 13 or 26 weeks to which he or she is entitled, such leave must be agreed with the employer.

110. About 70 per cent of those who take parental leave take their leave in direct extension of the maternity leave.

Collective agreements and other agreements

111. The labour market parties and the individual undertakings and workplaces also have a crucial role to play for families with children to have the possibility of adapting their working lives and family lives in an expedient manner.

112. Many improvements have been introduced in the collective agreements and other labour market agreements over the years. Most collective agreements and other agreements have now introduced the possibility of parttime work, a day off on the first sickday of children, etc. The collective agreements in the public labour market also entitles each employed parent of children born 1 April 1995 or later to 10 days of family care.

113. The possibility of working at home by means of IT (teleworking) is gradually being included in collective agreements and is an element of the development of greater flexibility in the labour market. It is widely agreed that teleworking should be a supplement to the existing form of work. This may contribute to giving families with children the possibility of a more flexible adaptation between family life and working life.

Development of familyfriendly workplaces


114. For a number of years, the InterMinisterial Committee on Children has worked to promote better harmony between family life and working life. During the years 1994 and 1995, specific projects were initiated at five undertakings. The project was to test models for the planning of working conditions in a way that accommodates the special needs of families with children. Project evaluation showed that even in an expanding undertaking it is possible to arrange working conditions in a familyfriendly manner.

115. The development of familyfriendly workplaces has also been followed up on as part of the campaign “Our Common Concern an initiative to promote the business sector’s social commitment” (Virksomhedernes sociale engagement) initiated by the Minister of Social Affairs in 1994. The aim of the campaign is to create a new development in social policies that gives enterprises a larger role in social policies, meaning that they assume a greater, specific
coresponsibility for social welfare. Enterprises may express their increased social commitment in greater efforts towards vulnerable groups, strengthening of staff policies with social and family policy aspects, etc. The enterprises have shown great interest in the campaign.

116. Many enterprises have already come far in the development of familyfriendly workplaces, and others are following. Many enterprises are now staking much on familyfriendly workplaces that allow employees with children to give priority to their family lives to the widest extent possible in certain periods. Young parents seek the workplaces and the jobs that exhibit an understanding for the need of employees to adapt family life and working life in a manner that covers their requirements.

Single parents


117. In addition to the financial benefits for which single parents are eligible, such as a child allowance, financial assistance can be granted to persons having limited work capacity. The assistance may be granted to single parents locked into a social situation, for example because they became single parents before their prevocational education had been completed. The assistance may be retraining, vocational training, education, etc. It is a condition for assistance under the employment rehabilitation provisions that there be a realistic possibility that the assistance will lead to full or partial selfmaintenance.

118. One of the groups of single parents eligible for a special effort is single parents with several children and with a loose or no connection with the labour market. The InterMinisterial Committee on Children has initiated a user survey to illustrate the experiences of single parents with the assistance and support given to them and to illustrate what new initiatives, if any, may be needed.

Teenage mothers and young families


119. In some cases, specially targeted support is required for certain groups of families with children. About 23 per cent of children are borne by teenage mothers, and often teenage mothers and very young families with children are more vulnerable and uncertain as to their parenting task than are older parents. Therefore, several local authorities have established special places open to young parents where they can receive the assistance and help they need. In some places, family houses and the like are the basis of the support, but the support may also be structured differently, for example by means of selfhelp groups. The book “Young parents on their way!” (Unge forældre på vej!) issued by the Ministries of Health and Social Affairs describes eight cases of support for teenage mothers and very young families.

Social Service Act


120. With effect from 1 July 1998, the Social Assistance Act (bistandsloven) was replaced by three new acts: the Social Service Act (lov om social service), the Act on Due Process and Administration in the Social Field (lov om retssikkerhed og administration på det social område), and the Act on Active Social Policy (lov om aktiv socialpolitik). The relevant rules for children
and young people can be found in the Social Service Act and the Act on Due Process and Administration in the Social Field. The Social Service Act maintains the general principles of the Social Assistance Act.

121. The provisions on children and young people of the Social Service Act and the pertinent guidelines on daycare services for children pursuant to the Act have been drafted with due consideration for the principles of the Convention.

122. The memorandum to the bill states that the provisions in the field of children and young people have been drafted in accordance with the principles of the Convention. It is thus stressed that children and young people are independent individuals with independent rights, and that the family is in principle the framework for the upbringing of children and young people. Society has an obligation to provide suitable facilities for the upbringing and development of children and young people and to provide the requisite support to the families and their children and young people.

123. The guidelines specifically refer to article 12 of the Convention concerning children’s codetermination and coinfluence.

124. Section 4 of the Social Service Act is a general objectives clause for children and young people, stating the objectives of the aggregate local and county authorities’ efforts in the entire field of children and young people. The provision is worded as follows:

“Section 4. (1) The local and county authorities shall ensure that the assignments and services comprising children, young people and their families are carried out in cooperation with the parents and so that the development, welfare and independence of children and young people are promoted. This applies both to the carrying out of the general and preventive work and to the targeted effort towards children and young people with reduced physical or mental functionality or with another special need for support.

(2) The local and county authorities shall ensure that the efforts initiated pursuant to this Act towards children and young people with reduced physical or mental functionality or with another special need for support are correlated with the efforts initiated towards the same children and young people under other legislation.”

Daycare services for children


125. The Social Service Act contains an elaboration of the objectives clause for day care for children, amended rules for enrolment in day care, introduction of a permanent scheme with allowances for parents electing private day care (free choice scheme), and introduction of rules on parental boards in special daycare institutions for children with considerably and permanently reduced physical or mental functionality.

126. The purpose of daycare services for children is to give children educational and social opportunities as well as care. According to the provision of the Social Service Act that lays down the objective of daycare services, the needs and development of the child are to be the focus while initiatives must be prepared in cooperation with the parents. Day care is intended to help give the child a good and secure childhood and at the same time support the child in its personal development through the acquisition of a large number of social and general skills.

127. To ensure that all children have an equal right and opportunity to get a place in a daycare institution, the former enrolment rules were amended by the Social Service Act so that now places in daycare institutions are to be allocated according to seniority: children are enrolled on the basis of their position on a waiting list, if any, according to either date of birth or time of application. Deviations from the seniority principle may only occur if a child has a special need for a place for social or educational reasons, or if a place is badly needed.

128. The local authorities are responsible for providing the requisite number of places in publicly subsidized daycare schemes (municipal day care, municipal and nonprofit institutions and pool schemes) as well as club schemes for children and young people. The responsibility includes not only the establishment and operation of the schemes, but also supervision. Daycare services are financed by the local authorities. In addition, according to the Education (Folkeskole) Act, the local authorities are also responsible for establishing places in schoolbased leisuretime care schemes.

129. The objective is for children who are socially, mentally or physically disabled to have a childhood as close to “normal” as possible. An important goal is therefore that these children be integrated in the general daycare services for children often with special support in the form of extra staff. Children with a special need for treatment may be offered a place in countybased daycare institutions where special expertise is available.

130. The cost of the child’s stay in day care that is borne by parents corresponds to 30 per cent of operational costs. A multiplechild rebate is offered to parents with several children in public daycare services so that parents pay the full price for the most expensive place, but only half the price for subsequent places. The rules on multiplechild rebate were amended with effect from 1 January 1995. If parental income is within certain limits, the parents qualify for fully or partially free places. In addition, fully or partially free places can be awarded for social, educational or therapeutic reasons.

131. Furthermore, the local authority may grant a supplement to reduce parents’ costs; this aims at evenly distributing the costs of the different daycare services provided by the local authority.

132. Daycare institutions must have a parental board empowered to take decisions on essential issues. The parental boards must have influence on the principles of the work of the daycare institution and on the expenditure of funds within a budget limit, and they must have a right to make recommendations to the local authority in connection with the appointment of staff.

133. The Social Service Act also provides for the possibility that the local or county authority can entrust parental boards with further powers.

134. It is also important that the child has an opportunity to exercise codetermination and influence on the facilities and daily routines of the daycare institution. Results from an experiment on children’s codetermination in daycare institutions during the years 1994 and 1995 showed that even very small children are capable of making decisions on things of importance to them.

Number of places


135. During the period 19931998 about 136,000 more children aged 6 months to 9 years were enrolled in public day care, and now just under 500,000 places are available for this age group, corresponding to about 78 per cent of children attending a public daycare service, as shown in table 1 below:

Table 1

Children enrolled in public day care (19931998)
and
coverage as at January 1998


Growth (19931998)
(rounded off)
Enrolled,
total (1998)
Coverage, %
(1998)
6 months 2 years
19 000
117 000
67
3 5 years
44 000
186 000
89
6 9 years
73 000
196 000
77
6 months 9 years (total)
136 000
499 000
78


136. Despite this strong expansion of daycare services for children there were still just over 11,000 children aged 6 months to 9 years on the waiting list for a place in public day care in January 1998.

137. In addition to the public daycare services, there is private daycare run by private individuals without public subsidies.

138. The vast majority of Danish parents prefer public daycare services, since their standards are high.

Quality of daycare services for children


139. Against the background of an agenda adopted by the Folketing, the Ministry of Social Affairs in 1995 appointed a working group for preparing material, etc. that can contribute to increased debate and focus on quality development as well as support the continuous process of determining quality goals both at the overall municipal level and for each daycare institution. The point of departure for the work of the working group was that quality is developed and determined by interaction between the local authority, the daycare institution and parents.

140. In September 1997 the working group issued the report “Quality development in daycare services for children experiences from four local authorities” (Kvalitetsudvikling i dagtilbud for børn erfaringer fra 4 kommuner). This publication focuses on the process in the local authorities concerning quality development in the daycare service field and is intended as an inspiration for both local authorities well on their way and for local authorities that are about to start such a process.

141. The working group is finishing the next report, which discusses a number of themes, each about quality in daycare services, from an educational aspect.

142. In 1995, the “Guidelines on help for children and young people through dialogue and cooperation with parents Review of the rules on confidentiality” (Vejledningen om hjælp til børn og unge gennem dialog og samarbejde med forældrene Gennemgang af reglerne om tavshedspligt) were issued. The purpose of the guidelines is to give staff in daycare institutions better qualifications for making early and more targeted efforts towards families with children threatened by problems.

Physical environment in daycare institutions for children

143. Quality in children’s lives also involves their growing up in healthy surroundings, including the daycare institutions for children. Lately, therefore, the focus has been on the physical environment in daycare institutions for children, including problems of noise, toxic materials, etc.

144. For the purpose of mapping applicable rules and guidelines on the physical environment in daycare institutions for children, a working group has been appointed with representatives from the Ministry of Social Affairs, the Ministry of Housing, the Ministry of Labour, the National Board of Health and the Danish Environmental Protection Agency (Miljøstyrelsen).

145. In June 1998, the Ministry of Social Affairs issued the brochure “Environmental rules for children Rules and guidelines of direct and indirect importance to the physical environment in daycare institutions for children” (Miljøregler for børn Regler og retningslinjer m.v. af direkte og indirekte betydning for det fysiske miljø i dagtilbud til børn), especially aimed at local authority administrations and the daycare services. The brochure has a list of relevant guidelines.

Working group on initiatives on bilingual children in day care, etc.

146. For the purpose of strengthening the integration of immigrant and refugee children, the Ministry of Social Affairs is appointing a working group to prepare stimulating material that is to describe good and exciting initiatives and practical experiences of daycare services, languagestimulating opportunities pursuant to section 4 of the Education (Folkeskole) Act, as well as educational opportunities for preschool teachers in relation to their work with bilingual small children.

Cooperation between daycare service and schools

147. A working group has been appointed on cooperation between daycare services and schools with representatives from the Ministry of Social Affairs and the Ministry of Education. In the autumn of 1998, the working group is expected to issue material on stimulating children’s linguistic development and formation of concepts in daycare institutions for children aged 06 years and on how to ensure a successful transition from preschool care to school.

Supplements for private day care

148. Based on a pilot scheme in 1996 and 1997, a permanent scheme has been introduced as from 1 January 1998 enabling local authorities to give parents the choice between a place in a public daycare service or a financial supplement towards payment for private day care.

149. Introduction of the scheme by each local authority is voluntary. It applies to children aged 6 months to 5 years. However, the local authority may decide that the scheme is to apply only to children in a certain part of the age group. If the local authority chooses to introduce the scheme, all parents with children in the relevant age group must be able to make use of it.

150. The supplement will be the same for all children in the same age group. It can amount to a maximum of 85 per cent of the cheapest net operational expense per place for the relevant age group in a public daycare service under the local authority. The parents have to pay 30 per cent of the actual expenses of the private day care themselves, however.

151. Since 1 January 1994, local authorities have been able to grant a supplementary allowance to parents receiving parental leave benefits to give parents a further incentive to take parental leave. The allowance can amount to a maximum of DKr 35,000.

Club schemes

152. The Social Service Act has provisions on club schemes and other socioeducational leisuretime services for older children and young people. It follows from the provisions that the local authorities have a duty to provide appropriate services for older children and young people, and that the local authorities must lay down goals and frameworks for the activities of the clubs.

153. The purpose of the clubs is to provide an opportunity for general leisuretime activities, in particular for older children and young people not availing themselves of other leisuretime services. The clubs have to cooperate with the children and young people to create activities and forms of being together that promote the multifaceted development and independence of the individual and his or her ability to take part in a binding relationship. It also follows directly from the Social Service Act that children and young people must have an influence on the contents of the individual service.

154. In 1995, 1996 and 1997 a special club fund was appropriated to support the development of club schemes, as mentioned below in paragraph 198. The Ministry of Social Affairs has
granted support from this fund for a number of club projects, partly to develop codetermination of children and young people in the clubs, partly to strengthen clubs’ efforts in relation to children and young people at social risk, including ethnic minorities.

155. To further support and promote the development of codetermination in the clubs, in 1997 the Ministry of Social Affairs together with the Ministry of Education published a book to stimulate debate on the subject as part of the Government’s youth policy. In 1998, this is followed up by an inspirational campaign for and with club members on the possibilities for influence and codetermination in clubs.

Financial allowances for children and their families


156. The general family allowance, special child allowance and multiple birth allowance are paid out automatically without application, whereas ordinary and extra child allowances as well as adoption allowance must be applied for. Normally the child’s mother or the person having custody of the child receives the money. If deemed in the best interests of the child, the child may receive the money itself.

157. Child and family allowances are tax free and, as a general rule, are paid out only in Denmark, but the conditions of Danish nationality, permanent residence and payment of tax may be deviated from in accordance with the provisions laid down in the EC Regulation on Social Security and in social security agreements entered into with other countries.

Child allowances

158. There are different forms of child allowances paid out to certain groups of children under 18: ordinary, extra and special child allowances, multiple birth allowance and adoption allowance.

159. With effect from 24 December 1993, child allowances can be paid out to the spouse of a prisoner, and at his or her release, the local authority has to assess whether any maintenance debt incurred during the prison period is to be remitted.

160. Compared with the information in Denmark’s first report, the amount of the allowances has been adjusted. The annual allowances as of 1 January 1998 amount to:

Ordinary child allowance DKr 4 644

Extra child allowance DKr 3 548

Special child allowance DKr 17 820
(highest rate)

Special child allowance DKr 8 994

Multiple birth allowance DKr 5 740

161. The adoption allowance is a lump sum payment of DKr 33,087.

General family allowance

162. This allowance is paid out for all children under 18.

163. With effect from 18 March 1994, the Act on General Family Allowance (lov om en børnefamilieydelse) was amended to make it possible to pay out the general family allowance to the spouse of a prisoner, etc. With effect from 1 January 1995, the allowance was increased separately for children from 0 to 2 years old. The annual amounts of the general family allowance as from 1 January 1998 are:

02 DKr 11 000

36 DKr 10 000

717 DKr 7 800

Compensation for parents with seriously ill children

164. Pursuant to section 19 a of the Act on Benefits at Sickness or Birth (lov om dagpenge ved sygdom eller barsel), parents of seriously ill children less than 14 years old qualify for financial compensation if they give up their work in full or in part to be together with their child in connection with the child’s illness. It is a condition that the illness be deemed to entail a need for hospitalization or the like for 25 days or more. However, the requirement of 25 days does not apply to single parents.

Extra expenses for maintenance of disabled children at home

165. Pursuant to section 28 of the Social Service Act, persons who provide for a physically or mentally disabled child under 18 at home qualify for a grant to cover the expenses incurred as a consequence of the handicap, i.e. the requisite extra expenses beyond the expenses that the family would have had if the child were not disabled. Furthermore, pursuant to section 29 of the Social Service Act, such persons are entitled to a supplement to cover lost pay in cases where it is a necessary consequence of the handicap that the child be cared for at home and it is most expedient that the mother or the father care for it.

166. The object of the provision is, through the benefits, to assist the child or the young person in remaining at home and to assist the family in living as normally as possible despite the disablement and thus avoid placement away from home.

Supplementary allowances

167. As from 1 January 1994, the local authorities have been able to choose to give a supplementary allowance of a maximum of DKr 35,000 annually to parents receiving parental leave benefits. The scheme was to be reviewed after two years and was then made permanent.

Article 19 Protection of the child


168. An amendment in 1997 of the Act on Custody and the Right of Access abolished the socalled right of chastisement. The amendment lays down, inter alia, that a child must not be exposed to corporal punishment or other degrading treatment.

Article 21 Adoption


169. In 1997, Denmark ratified the Hague Convention on Protection of Children and on Cooperation in Respect of Intercountry Adoption of 1993.

170. The ratification necessitated amendments to the Adoption Act (adoptionsloven), among others. The amendment was effected in the spring of 1997.

171. One of the amendments of the Adoption Act was to ensure that the child is involved even more than previously in the examination of an adoption case. Adoption of a child having passed its twelfth birthday should now only be granted if the child consents to it. It is further a condition that an interview has been conducted with the child on the adoption and its implications before gives its consent. If the child or its parents have received payment to grant consent, adoption will be refused.

172. If the child is under 12 years of age, information on its views on the intended adoption must be available to the extent allowed by the maturity of the child and the circumstances of the case. The decision should consider the child’s views to the greatest extent possible.

173. Towards the end of 1997, the Danish Government introduced a further bill to amend the Adoption Act. This bill contained a number of proposals for reforms in the adoption field. The bill lapsed because the general election to the Folketing was called in the spring of 1998; it is expected to be reintroduced during the autumn of 1998.

174. One of the provisions concerns involvement of the child in a decision to terminate adoptive relationships. Pursuant to the bill, such termination must not be possible without the child’s consent if the child is 12 years old or more. Furthermore, according to the bill an interview must be conducted with the child on the termination and its implications before the child gives its consent.

175. If the child is under 12 years of age, information on its views on the intended termination of the adoptive relationship must be available to the extent allowed by the maturity of the child and the circumstances of the case. The decision should consider the child’s views on the intended termination of the adoptive relationship to the greatest extent possible.

Article 24 Standard of health of the child


Alcohol

176. Although the aggregate alcohol consumption in Denmark has been stagnant in recent years, consumption among the very young has been increasing. Therefore, an enhanced preventive effort is needed towards young people.

177. On 1 July 1998, an act entered into force prohibiting the sale of alcohol to children below the age of 15 from shops. In extension of the introduction of this age limit, all primary schools, continuing schools, secondary schools, youth schools and vocational schools will be encouraged by the Government to introduce an alcohol policy in the individual institutions.

178. Moreover, a followup informative campaign is planned for children, young people and their parents.

Eating disorders

179. In recent years more and more attention has been focused on eating disorders of greater or lesser severity, especially in young girls. A study carried out by the Danish Institute of Clinical Epidemiology (Dansk Institut for Klinisk Epidemiologi) shows that almost one third of young women between 14 and 24 years have an eating conduct giving rise to a risk of developing anorexia or bulimia. Only 23 per cent of young men at the same age have a problematic relationship to food and weight. Girls developing a serious degree of eating disorder also have a greater risk of becoming suicidal and prone to other selfdestructive behaviour. Furthermore, a large weight loss also entails a risk of permanent physical damage.

180. Because of this apparently increasing problem, the Danish Government is going to initiate an attitudinal, informative campaign on eating disorders and the risk incurred by large weight losses. The informative campaign is to be implemented together with parents, friends, teachers and others with close contact with young people. The informative campaign will aim at prevention in several phases from strengthening of selfconfidence and body consciousness early in childhood to information aimed at young people whose behaviour shows that they are at risk.

Suicide


181. The prevention of suicide is a high-ranking subject for the Danish Government, and the National Board of Health has set up a committee to prepare a proposal for an action plan to prevent suicides and attempted suicides in Denmark. The target group of the committee is all age groups, including children and young people, and the committee is expected to publish its proposal in the summer of 1998.

Observations on Greenland

182. To prevent suicides among children and young people in East Greenland, the local authority of Tasiilaq has initiated courses for specialists and relatives in aid and support during crises.

HIV and AIDS


183. The National Board of Health has prepared informative material on HIV-infected children and children suffering from AIDS for institutional staff, school staff and parents. The material deals with a number of different aspects concerning the lives of HIV-infected children and their relatives, and therefore the subjects are of a medical, legal, psychological and social nature.

Health conditions for refugee and immigrant children


184. All asylum-seekers - including minors - are given medical assistance for acute conditions without the provision of a financial guarantee, while the Danish Immigration Service generally provides security for other health treatment. The same health treatment is given to refugee and immigrant children as to Danish children. However, asylum-seeker children are considered children with a special need, which means that in addition to the usual prophylactic health examinations and vaccinations, they are called in for an annual medical check-up, etc.

Article 25 - Review of decisions on placement

Observations on Greenland


185. As mentioned under article 12, the Landsting Regulation for Children and Young People was amended in 1993 to ensure observance of the Convention. Section 34 (3) of the Regulation now lays down, as far as placement of children is concerned, that cases of placement with a foster family arranged by the local authority must be reviewed at least once a year.

Articles 26 and 27 - Social security and the right to a reasonable

standard of living

Special support for children and young people


186. The most important new rules in the Social Service Act in the field of special measures for children and young people are those emphasizing preventive work.

187. An objects clause has been introduced in section 32 of the Act. It appears from this that the object of granting support to the children and young people who have a special need therefor is to create the best possible conditions of upbringing for these children and young people so that - despite their individual difficulties - they can obtain the same conditions of personal activity, development and health as their peers.

188. the support must be given as early and as coherently as possible so that, to the extent possible, incipient problems with the child or the young person can be remedied in the environment of the supported person. In each case, the support must be designed on the basis of a specific assessment of the situation of the individual child or young person and the family. The views of the child or the young person must always be included and suitably emphasized in accordance with age and maturity.

189. As far as possible, the difficulties of the child or the young person must be solved together with the family and with its participation. Where this is not possible, the background, purpose and content of the measure must be made clear to the holder of custody and the child or the young person.

190. If it must be assumed that a child or a young person needs special support, the local authority must cause an examination of the situation of the child or the young person to be made. As part of this examination the Social Service Act specifies that the local authority must involve the specialists who already have knowledge of the situation of the child or the young person and the family. This may be done by involving visiting nurses, pre-school teachers, youth educators, psychologists, teachers or others.

191. Before a decision is made to place a child or a young person away from home, the local authority has to prepare a plan for the stay away from home of the child or the young person. The rules on the preparation of plans specify that the plan has to state what forms of support are to be initiated for the family independently while the child or the young person stays away from home and after the return of the child.

192. The Social Service Act has specified that, before the child or the young person returns home, the above plan must be revised together with the holder of custody and the child or the young person to determine the support to be offered to the family in connection with and after the return. Correspondingly, the plan must be reviewed when a placement terminates because the young person turns 18. This must be done to determine what form of support and guidance is to be given to the young person concerning housing, education and training, work and personal counselling.

The Government action plan for initiatives on behalf of the most vulnerable children and young people

193. In 1994, the Ministerial Committee on Children issued an action plan for an enhanced effort towards the most vulnerable children and young people based on, inter alia, the exploratory work published in the publication “Children at risk - who are they, and what do we do?” (Risikobørn - hvem er de, og hvad gør vi?).

194. During the past four years, a number of ministries have worked on a follow-up to the initiatives of the action plan. This has been done through new legislation, guidelines, catalogues of ideas, other motivational material and initiation of local development projects, etc. All initiatives have had the aim of supporting and promoting strengthened and enhanced efforts towards the most vulnerable children, young people and families with children.

Follow-up on the action plan

195. New legislation has been implemented as a direct follow-up on the action plan, partly in the form of the new club rules in the Social Assistance Act which came into effect on 1 July 1995 and continued unchanged in the Social Service Act at the abolition of the Social Assistance Act on 1 July 1998, partly in the form of new legislation on health schemes for children which entered into force on 1 January 1996. The new provisions are now being incorporated in local authority work with children and young people. In support of this, guidelines for both new acts have been published. Furthermore, a number of central funds have been earmarked for support to specific local development projects aimed at the most vulnerable children, young people and families with children.

Methodological development as part of a strengthening of cross-disciplinary cooperation
and early efforts

196. The action plan sets the scene for a number of specific methodological development projects, the purposes of which are to develop cross-disciplinary and cross-sectoral cooperation in each local authority, for example by establishing inter-professional teams; to establish open, anonymous counselling centres and contact places; to establish special day-care services; and to develop new forms of club schemes for older children and young people, etc.

197. To implement the methodological development projects in local and county authorities, a pool of funds was appropriated in the Finance Act for 1995 and the following years of DKr 15 million for a special effort towards the most vulnerable children and young people.

198. In 1995, 1996 and 1997, DKr 5 million were appropriated for a fund for the development of local club services specially aimed at the exposed and most vulnerable groups of older children and young people. The purpose of the fund is to develop forms of club services and other socio-educational leisure-time services that can improve the possibilities for action of local authorities in favour of the groups of children and young people that have such major problems of a social, mental or physical nature that they are not directly capable of utilizing the existing services.

199. To further strengthen the efforts on behalf of the most vulnerable children, young people and families with children, the Finance Acts for 1996-1998 appropriated DKr 10 million each year for a special project, “Drop helplessness - establish contact” (Drop afmagten - skab kontakten). The funds are to be used for methodological development projects the target group of which is the absolutely most vulnerable group of young people. The goal is to develop working methods for establishing and maintaining contact with young people who have such overwhelming social difficulties that they risk dropping completely out of the general social community. Targeted methodological development projects were initiated in five local authorities during the spring of 1996. Moreover, it is possible that a small number of local authorities may obtain support for projects within the purpose of the fund.

200. Finally, the Finance Act appropriated a fund totalling DKr 175 million over the years 1996-1999. The purpose of the fund is to support local authority development of services for families with children living through a crisis, including counselling and treatment.

201. The target group is families in a “grey zone” where they do not yet have such massive difficulties that they are comprised by the local authority obligation to initiate remedial measures proper, but who nevertheless need a targeted effort to overcome their difficulties.

202. These pools of funds have granted support to, inter alia, a number of projects aiming to strengthen efforts towards children, young people and families from ethnic minorities to improve the integration of immigrant children and young people into Danish society.

Permanent contact person

203. In cases where a child or a young person has a special need for support which their family is not capable of giving the local authority must appoint a permanent contact person for the child or young person. The permanent contact person is to act partly as the adult whom the young person can always approach when help is needed, partly as the adult who always can and must intervene when the young person displays unacceptable behaviour.

Open pre-school services for all children

204. A pool of funds for families with children totalling DKr 300 million and distributed to the local authorities was appropriated for the fiscal years 1994 and 1995. The Government encouraged the local authorities to use the family pool to establish new, open educational services for pre-school children without a need for care proper. The target group of the open educational services is children aged 1 to 5 whose parents care for the child themselves permanently or for a period, while still wanting the child to have the opportunity to associate with other children in facilities outside the home.

205. Within the quality development programme of the Ministry of Social Affairs, open educational services for pre-school children is one of the high-priority areas for which local authorities can apply for financial support.

Observations on Greenland


206. Tasiilaq local authority in East Greenland has initiated a special effort towards children and young people. In that connection, they have established an “at home” corps of three educators who are to function as support persons for vulnerable families. Furthermore, support has been granted for a community room for children and young people.

Article 29 - Education

General observations


207. According to the objects clause of the Education (Folkeskole) Act, primary school has to familiarize pupils with Danish culture and contribute to their understanding of other cultures and of human interaction with nature. The school must further prepare the pupils for codetermination, coresponsibility, rights and duties in a society of freedom and representative government. Therefore, according to the objects clause, the instruction given by the school and its entire daily life must build on intellectual liberty, equal worth and democracy.

208. According to the view of the Danish Government, this wording accords well with the teaching objectives of the Convention. In addition to this general object, which necessitates inclusion of human rights in the instruction given, the Ministry of Education has set up express requirements of instruction in human rights as part of a number of subjects. In the opinion of the Danish Government, it will not be expedient for the central authority to lay down requirements to the effect that instruction, especially about the Convention, is to be included in the curricula of the schools. This is due to the fact that in Denmark, the central authority traditionally only stipulates the object of the instruction given in the individual subjects and compulsory themes, as well as central areas of knowledge and skills, whereas there is no tradition of laying down detailed rules on the contents of schools’ curricula.

209. The Ministerial Order relating to the new teacher training course, which started in August 1998, does, however, have a provision declaring that human rights and the rights of the child are parts of the central areas of knowledge and skills in the compulsory subject of educational theory and practice.

Aliens and education


210. An amendment of the Education (Folkeskole) Act in 1997 allowed local authorities to establish special pre-school services to be offered to bilingual children who had not yet started school. The purpose of the special pre-school services was to ensure that the bilingual children had sufficient knowledge of the Danish language when they started school.

211. As part of the Government’s efforts to strengthen the integration of children of refugees and immigrants, an amendment in June 1998 made it compulsory for local authorities to establish such pre-school services. The amendment means that the local authorities have to establish special language-stimulating services with 15 weekly lessons for bilingual children not enrolled in a day-care institution. If the children are enrolled in a day-care institution, special support must be offered if it is deemed that the linguistic development of the children cannot sufficiently be promoted within the educational possibilities of the institution itself. The offer of language-stimulating activities must be given when the child is about four years old. The Government has appropriated DKr 66.4 million over four years for implementation of the new language-stimulating services. The individual local authorities decide themselves how to organize the services. The services include mainly playing and other activities suited to stimulate the linguistic development of children.

Asylum-seeking children and education


212. To ensure that Denmark fully lives up to the requirement of article 28 (1) (a) of the Convention, the Aliens Act has been amended so that it now appears from the Act that all children whose application for a residence permit pursuant to section 7 of the Aliens Act (asylum) is being examined must receive specially planned instruction.

213. The Finance Act of 1997 appropriated resources so that the Danish Red Cross can offer minor asylum-seekers equal but adapted instruction respecting the special situation of these children.

214. With effect from the school year 1997/98, the Danish Red Cross has made improvements to the instruction given in accordance with recommendations made in a 1996 report on the teaching of asylum-seeking children (report No. 1322/96). Accordingly, all asylum-seeking children aged 7 to 16 years must receive instruction. In practice, asylum-seeking children whose applications for asylum have been finally refused take part in the instruction on an equal footing with other children. The instruction is divided by age, and all subjects from the Danish primary school are taught. The total number of lessons is 20-28 a week. Altogether, asylum-seeking children receive instruction corresponding to the instruction given to bilingual children in primary school. furthermore, both the educational work and the post-qualifying education of teachers have been strengthened, resulting in a higher quality of instruction.

215. The expansion and differentiation of the instruction given to minor asylum-seekers have led to the establishment of more new classes, necessitating alteration and extension of existing schools and the establishment of new schools. To the extent possible, the schools are provided with the same facilities as ordinary primary schools. Where possible, central schools have been established, providing the advantage that the pupils have an opportunity to meet more children of their own age. For pupils in accommodation centres not located near a central school, a possibility of instruction at smaller schools at or close to the centre has been established. In the cases where instruction is given in the accommodation centre, the classrooms have been separated from the rest of the centre to make schooldays as everyday-like as possible.

Article 31 - Leisure-time and cultural interests

Children of Culture


216. It was mentioned in Denmark’s first report that a committee had been set up under the Ministry of Culture entrusted with the task of advising the Ministry on issues concerning children and culture. This advisory committee was made permanent in 1994 with amended terms of reference under the name “Children of Culture” (Kulturens Børn).

217. The tasks of the Children of Culture committee are to advise and assist the Ministry of Culture on issues relating to children, young people and culture. The committee is to monitor developments in the field and to communicate information and experiences to relevant groups and institutions. It must support and stimulate the work with children’s and youth culture across the country and inspire novel thinking and development at central and local levels. Furthermore, the committee is to start initiatives and projects within fields requiring a special effort and finally, in cooperation with the other advisory bodies and institutions, it is to perform the tasks given to it by the Minister and the Ministry.

218. In recent years, the Children of Culture committee has concentrated on the following five thematic areas:

− Initiatives within professional children’s culture;

− Initiatives within local and county authority work with children and culture;

− Initiatives within research and information on children and culture;

− Initiatives on children and culture in cooperation with the Inter-Ministerial Committee on Children;

− Initiatives within international and Nordic cultural cooperation.


219. Through Children of Culture, the Ministry of Culture currently has contact with a number of associations, interest groups, cultural institutions and professional organizations, including in the context of voluntary association work. This contact is maintained partly in the form of annual contact meetings, partly in the form of working meetings, seminars, etc. focusing on special themes.

Coordination of work in the cultural field


220. For a number of years, the Ministry of Culture has cooperated closely with counties and local authorities nationwide to inspire novel thinking and develop forms and methods of work capable of ensuring that children and young people have access to cultural life in a broad sense. This cooperation with local and county authorities has consisted of the establishment of a network of more than 20 local authorities and 3 counties, regular contact meetings with local authorities across the country, and the publishing of various publications on current themes in municipal work.

221. One example of such an initiative is a pilot scheme supporting the efforts of local authorities in the fields of art and culture in children’s and youth institutions, which gave rise to considerable national interest. More than 85 local authorities applied to participate in the pilot scheme, and 20 local authorities were selected. In the long term, the intention is to anchor this work both in local authority budgets and in the daily lives of the institutions, from nursery schools, primary schools and school-based leisure-time care schemes to leisure-time and youth clubs.

222. In recent years, county and local authorities have shown increasing interest in making an effort in the field of children and culture, and in the regional cultural experiments several of the participants have wanted to give priority to this special field.

Article 32 - Economic exploitation of children, including child labour

Labour Ministry action plan “A clean working environment by the year 2005”


223. By adopting an action plan for the working environment field in 1996, the Danish Government put a focus on the labour of children and young people. The action plan sets out the overall goals in terms of prevention for the working environment in Denmark until the year 2005. The action plan consists of seven concepts based, inter alia, on the registration by the Danish Working Environment Service (Arbejdstilsynet) of influences on the working environment conditions of health in various sectors. One of the concepts of the action plan concerns preventing children and young people from being injured at work. The work of children and young people is thus a higher-priority area within the Danish working environmental effort. The action plan manifests itself in a number of efforts in relation to the work of children and young people during these years.
Amendments of the Working Environment Act as concerns the work of children and young people

224. National regulation of the work of children and young people is based on a 1994 directive of the European Union on the protection of young people in the workplace. This directive was implemented in Danish law by amendment of the Working Environment Act (arbejdsmiljøloven) in 1996. In addition, Denmark has ratified ILO Convention No. 138 on minimum age for access to employment.

225. Accordingly, children under the age of 13 cannot lawfully take on work except for performances in cultural contexts. This may be participation in plays or commercials. Employment requires permission from the local police, who must determine whether the performance in question is appropriate.

226. Children between 13 and 15 years of age may only accept employment within a small number of defined leisure-time jobs not involving any form of strain. Nor are they allowed to work with machines. For young people between the ages of 13 and 15 or obliged to receive instruction, daily working hours must not exceed two hours on schooldays and seven hours on non-schooldays. The total weekly working time is not allowed to exceed 12 hours in weeks containing schooldays.

227. The point of departure is thus that children have to be 15 years old and to have fulfilled their statutory duty to receive instruction to be able to take on work. The duty to receive instruction in Denmark is satisfied by nine years of school. The work that young people can take on is limited. Thus, young people are not allowed to work with dangerous machines, dangerous substances or materials or in other ways be exposed to major strain until they have attained the age of 18.

228. The Danish Government thus endeavours to ensure that as a main rule children and young people have completed their statutory education before they take on paid work.

229. As part of ensuring that children below the age of 13 do not work, the regional customs and tax authorities have been ordered to inform the Danish Working Environment Service if applications for a tax deduction card for children below the age of 13 are lodged, and unlawful labour is suspected.

230. As part of the control by the Danish Working Environment Service to ensure that the rules on child labour are observed, a campaign against child labour was undertaken during the summer holiday of 1997. A total of almost 2,000 enterprises were visited during one week. These were mainly shops, restaurants, newsagents, ice cream bars and other places employing young people during the summer period.

231. The general conclusion was that the rules were observed in 90 per cent of the places visited. In a few cases, the Danish Working Environment Service saw children under 13 at work.

Funds for working environment experiments at educational institutions


232. A DKr 3.2 million fund has been established for experiments with the working environment at educational institutions during the period 1996-2001. The fund is part of the practical implementation of a report on the safety and health of pupils and students prepared by an inter-ministerial working group. the fund is used for:

− Experiments involving pupils and students in connection with the safety work of schools and educational institutions;

− Devising experiments, with the active involvement of pupils and students, concerning the safety and health situation at schools and educational institutions;

− Experiments concerning instruction and teaching materials on health and safety issues, particularly in relation to future teachers.

Statistics on reported occupational injuries and diseases among children and young people

Table 2

Year of injury
Reported injuries among children and young people under 18 years of age
0-9 years
10-12 years
13-14 years
15 years
16-17 years
Total
1984
6
8
27
95
1 252
1 388
1985
4
7
38
129
1 279
1 457
1986
7
11
51
145
1 268
1 482
1987
2
17
54
135
1 241
1 449
1988
5
9
49
125
1 198
1 386
1989
2
17
40
85
986
1 130
1990
2
11
27
97
761
898
1991
4
7
21
63
650
745
1992
5
11
23
50
611
700
1993
5
7
24
58
498
592
1994
1
14
34
87
548
684
1995
2
9
51
74
556
692
Total
45
128
439
1 143
10 848
12 603


233. A look at the development in the number of reported injuries of children and young people under the age of 18, as shown in table 2, shows a marked drop as from 1989. One of the explanations for this may be a drop in employment. It may also be seen as a consequence of the 1989 Order of the Ministry of Labour containing provisions in connection with work involving danger for the safety, health or development of children and young people.

Table 3

Year of registration
Reported occupational diseases among 10- to 17-year-olds
10-12 years
13-14 years
15 years
16-17 years
Total
1984


2
65
67
1985

4
4
67
75
1986

3
14
138
155
1987

4
13
120
137
1988
1
4
7
117
129
1989

4
8
105
117
1990

5
11
82
98
1991

6
7
73
86
1992

1
9
71
81
1993

1
6
56
63
1994


4
47
51
1995

2
4
36
42
Total
1
34
89
977
1 101

234. It appears from table 3 that reports of occupational diseases have dropped as from 1989 just as for occupational injuries.

Article 34 - Sexual exploitation and abuse


Child pornography

235. Pursuant to section 235 (1) of the Danish Criminal Code, a person who commercially sells or otherwise disseminates, or who, with such an intention, produces or procures obscene photographs, films or similar objects of children commits an offence. The offender is liable to a fine, lenient imprisonment or ordinary imprisonment for a term not exceeding six months.

236. An amendment in 1994 inserted a subsection (2) into section 235 of the Criminal Code. Pursuant to subsection (2), possession of photographs, films or similar objects of children having intercourse or sexual relations other than intercourse is punishable with a fine. A person in possession of photographs, films or similar objects of children having sexual relations with animals or using objects in a highly obscene manner is liable to the same punishment.

237. The purpose of criminalizing the possession of gross child pornographic material is to increase the protection of children against sexual abuse. The prohibition marks a clear rejection of sexual abuse of children while contributing to protecting children’s rights. In addition, a prohibition against possession may result in a certain limitation of the demand for child pornographic material and associated sexual outrages against children.

238. As a follow-up to the amendment of 1994 and to increase efforts against child pornography and initiate steps to increase coordination for the purpose of making the existing efforts against child pornography more efficient, the National Commissioner of Police in May 1995 established a national data collection. The data collection contains the experiences of the individual police districts with and collected data on child pornography, and information received from foreign collaborators. In the autumn of 1997, the Ministry of Justice appointed a Committee on Economic Crime and Computer Crime. The tasks of the Committee include an assessment of the forms of crime made possible by the information society. In this connection, the Committee will assess the need for a revision of section 235 of the Criminal Code, also in the light of the increasing spread of the Internet.

239. Because of the hidden and organized nature of the crime and its international scope, the police can reap great benefits from the national data collection. This applies especially to the questions of where and how recruitment of children take place, what places and methods of production are used, how smuggling and distribution take place, and what organizations are presumed to be behind child pornography.

240. The establishment of a data register for registration of child pornography is being considered at the moment. If established, a supplementary register of this nature can provide better possibilities of analysis and search, and the possibilities of central coordination of the fight against child pornography would thus be further improved.

241. Also, the Serious Crime Squad of the National Commissioner of Police has established an IT support unit that can assist the police districts in investigating cases on child pornography, etc.

242. Based on statements from all the district public prosecutors in Denmark, the Director of Public Prosecutions has stated that at present legal practice in the form of judicial and extrajudicial decisions concerning cases of violation of section 235 of the Criminal Code on child pornography is limited. At present, a small number of cases are pending, including cases involving the use of the Internet.

Child prostitution


243. As part of the efforts against sexual abuse of minors, the introduction of a bill to amend the Criminal Code is being considered whereby it will be an offence to be the client of a (female or male) minor who earns his or her living in full or in part by prostitution.

Article 37 - Children deprived of their liberty

Young people deprived of their liberty within the criminal justice system


244. In connection with Denmark’s ratification of the Convention in 1991, amended rules on placement of juvenile detainees were introduced, in particular so that the association of young offenders with others became subject to increased control by the establishment of special units for juvenile detainees in Blegdamsvejen Prison and Søbysøgård State Prison.

245. During the period January 1994 to August 1996, the special units accommodated on average two to four young offenders. Experience showed that the scheme of special juvenile units was associated with great inconvenience for the young offenders, manifested in particular by the fact that they felt isolated both in relation to the other inmates and in relation to family and relatives. Because of the distance from their home regions, the young offenders often found it difficult to obtain leave, and visiting was also difficult. Moreover, the young offenders felt encouraged to arrange their daily lives in accordance with a special youth culture, expressing itself, inter alia, in a lack of understanding of the benefits of cleaning, clearing-up and general hygiene, and of the usefulness of maintaining their surroundings intact. From other institutional stays, the young people were used to having much support from educators and therapists, whereas in prison they had to administer their affairs themselves.

246. Against that background, it has been decided to change the placement scheme for the 15 to 17-year-olds and abolish the special juvenile units in Blegdamsvejen Prison and Søbysøgård State Prison.

247. Consequently, to the extent possible, the 15- to 17-year-olds will be remanded in “surrogate custody”, in the secured social institutions; those who cannot be placed in surrogate custody are placed in the first instance in a local prison which, in view of the desirability of maintaining contact with family, etc., should be near the place of residence, to the extent possible. However, a specific assessment based on the information available on, inter alia, the current occupancy composition of the prison, must decide whether placement must be in another local prison instead.

248. In the individual local prison, the 15- to 17-year-olds are placed, following a specific assessment, in the unit best able to meet the consideration of protecting the young offender against unfortunate influence from co-inmates. If there are more inmates below the age of 18 in the local prison, a specific assessment will decide whether it is desirable to place them in the
same unit, and whether association between them is desirable in general.

249. In all cases where young offenders below the age of 18 have been sentenced to unconditional imprisonment, an assessment must show whether there is a basis for placing the young offenders in a treatment institution or the like pursuant to section 49 (2) of the Criminal Code. For a detailed discussion, please see paragraphs 254261 on administrative deprivation of the liberty of children and young people.

250. Those 15to17year olds who are to serve in an open prison are basically placed according to a geographical principle of proximity so that they can maintain their contact with family and can conclude their term in prison via educational institutions, social institutions, etc. close to their place of residence.

251. However, deviations from the principle of proximity may occur if it is deemed well founded based on a specific assessment of the inmate’s situation and the nature and current occupancy composition of the institution in question. The considerations should include the possibilities of placing the young offender in special units, such as drugfree units or units for inmates requiring special care.

252. Those 15to17year olds who are to serve in a closed prison are still placed in Ringe State Prison, which is intended for young criminal males up to 23 years of age as well as women (no age limit), as the experience in this respect has been good. This prison can offer specially targeted therapy for young offenders.

253. In connection with custody on remand and imprisonment, young offenders between 15 and 17 years of age are only allowed to associate with older inmates when this is in accordance with the best interests of the young people.

Administrative deprivation of the liberty of children and young people


254. It appears from section 108 (1) of the Social Service Act that children or young people may only be placed in a secured unit when the situation makes this absolutely necessary in each case. The detailed rules on the use of secured units for children and young people are laid down in an Order on the Use of Force, etc., in Residential Institutions for Children and Young People and in SocioEducational Accommodation for Children and Young People for more than Four Persons (bekendtgørelse om magtanvendelse m.v. i døgninstitutioner for børn og unge og i opholdssteder for børn og unge for flere end 4 personer) issued by the Ministry of Social Affairs.

255. It follows from section 4 of the Order that a place in a secured unit may be used if:

(a) It is absolutely required to prevent the young person from harming himself or herself or others, and that it has not reasonably been possible to avert such danger by other more lenient measures;

(b) It is absolutely required during an introductory period of observation in order to provide a basis for further socioeducational therapy;

(c) The introductory period of observation has established that it is absolutely required to initiate a longterm course of therapy in a secured unit;

(d) The stay replaces surrogate custody; or

(e) The stay is part of the serving of a sentence pursuant to section 49 (2) of the Criminal Code, and the conditions of one of the above items are satisfied at the same time.

256. In connection with the adoption by the Folketing of the socalled “AntiViolence Package” in May 1997 it was decided at the same time to change the use of places in secured social institutions and enlarge their number. The Order on the Use of Force, etc., mentioned in paragraph 254, now allows initiation of a therapeutic effort proper towards young people in secured units in very special cases.

257. Longterm therapy can now be initiated both as part of a therapeutic effort towards young people placed away from home as part of a remedial measure, and towards 15 to17year olds serving a prison sentence pursuant to section 49 (2) of the Criminal Code.

258. Placement in a secured unit with a view to longterm therapy presupposes that it is absolutely required that the therapeutic effort involves retention of the young person in a secured unit and that it cannot in any manner be initiated outside of closed facilities.

259. A stay in a secured unit may only last for as long as the situation makes it absolutely required in the individual case. The Order on the Use of Force, etc. lays down rules on the duration of stays in a secured unit, possibilities of exemption and maximum limits for the aggregate duration of a stay. The limits of duration depend on whether the young person is at least 15 years old.

260. The local authority makes the decision normally on the basis of a recommendation from the secured unit on cessation of the child’s or the young person’s placement in a secured unit in cases where the young person is not placed in surrogate custody. If the head of the secured unit does not agree with the assessment of the local authority that the conditions for continued placement of a child or young person in a secured unit are satisfied, including that the situation still makes it absolutely required that placement must be in a secured unit, the county council of the county where the secured unit is located makes the decision.

261. The Government has appropriated a total grant of DKr 13.75 million for establishing 11 new places in secured institutions for longterm courses of therapy for young people in urgent need of therapy for a pilot period of three years. These places will also be used for very hardened young offenders who have to serve prison sentences for violence. Moreover, a special, secured unit will be arranged with a higher staff ratio especially for the use of young people who have so far been rejected from surrogate custody in a secured unit because of their behaviour.

Article 39 Physical and mental recovery and resocialization

Video interviewing of children


262. In May 1995, a working group submitted a report concerning video interviewing of children in sexual cases. The working group consisted of representatives from police districts, the National Commissioner of Police, the superior prosecution authority and a paediatric specialist. The report makes a comprehensive assessment of experiences gained concerning video interviewing of children in sexual cases, including interviewing techniques, technical equipment and the fittingout of interviewing rooms. Moreover, the report has a number of recommendations.

263. It is common practice for the police to videotape interviews of children who have been exposed to sexual outrages.

264. Videotaping of the interview is done partly to secure the child’s statement early in the investigation before the child represses the experience or is exposed to influence from its surroundings, partly to use the videotape as evidence during the trial if the court so permits. This avoids having to expose the child to testifying in court.

265. The decision to videotape the interviewing of a child is made by the police. The question of the lawfulness of this investigative step can be brought before the court by the defence counsel or the person charged pursuant to section 746 of the Danish Administration of Justice Act (retsplejeloven).

266. A videotape of the interview of a child can only be used as evidence during the trial if the court so permits (section 877 (3) of the Administration of Justice Act). If showing of the videotape is permitted, the court decides what importance to attach to the showing as evidence.

267. During recent years a practice has developed, according to which the court widely permits the showing of video interviews of children in sexual cases when certain conditions are satisfied. It is thus a condition that the defence counsel has had an opportunity to witness the interview typically from an adjoining room and that the defence counsel also has had an opportunity to put questions to the child through the police officer carrying out the interview.

Article 40 Children and the judicial system

Youth contracts


268. Denmark’s first report recounted an experiment with youth contracts, according to which young offenders aged 1517 years committed themselves, with the consent of their parents, to participating in certain specified and listed activities, etc. in exchange for the prosecution refraining from further proceedings and so that the offence would not be recorded in the young person’s criminal record. These activities might be, for example, the commencement of an educational course or enrolment in various forms of leisuretime clubs or associations.

269. The pilot scheme was implemented in the period 1 September 199131 August 1993. Based on the assessment of the pilot scheme, the scheme with a few adjustments has been made permanent and nationwide with effect from August 1998.

270. The scheme will include young people aged 15 to 17 years who have not entered a more permanent pattern of crime but who, according to legal practice, are facing conditional discharge or possibly a first suspended sentence. The offenders will typically have committed their first, second or third offence of burglary or other theft, certain offences of malicious damage, or thefts for limited purposes of bicycles or cars without at the same time causing specific danger of injury to persons or damage to objects.

271. A youth contract is concluded with the police and the social authorities, and the youth contract scheme ensures coordination of the reactions of the police and the local authorities to the young offenders in question. As part of the agreement (the contract) with the young offender, the prosecutor will refrain from further prosecution, and the police will be instructed to take a number of initiatives to promote rapid reaction in respect of the young offender.

272. It has also been decided that conclusion of a youth contract must appear on the young offender’s private criminal record for one year in the first case. At this point the permanent scheme deviates from the experimental scheme where the offence was not recorded at all in the criminal register of the young offender.

273. The solution chosen means that youth contracts are made attractive to young offenders while an element of crime prevention is maintained in relation to registration of crime in the private criminal records.

Enhanced social efforts towards criminal and potentially criminal children and young people


274. In 1997, in connection with adoption of the “AntiViolence Package” a number of initiatives were taken to enhance the efforts on behalf of potentially criminal, older children and young people, and the efforts are followed up further in 1998. In the social field, the efforts comprise a wide range of complementary initiatives, the overall purpose of which is both to prevent crime among children and young people and to stop an incipient criminal career and shift the young people to a better track.

Strengthened outreach efforts

275. An annual pool of DKr 40 million for 3½ years from 1997 until and including 2000 has been appropriated, and local and county authorities can apply for support from it for partial coverage of expenses for a strengthened effort towards older children and young people exhibiting inappropriate behaviour.

276. Efforts may include an increased number of streetlevel staff and a changed approach on the part of leisuretime and youth clubs that involves the entire local community in their field of work. Attention can be focused on increased cooperation between schools, social authorities and the police, and the work of voluntary organizations in relation to these children and young people can be strengthened.

277. The purpose of strengthening local efforts is to be able to establish and maintain contact with these young people at the earliest time possible and thus create a basis for a constructive course of development or therapy with the child or the young person individually and in positive social relationships.

Violence secretariat

278. To be in charge of the overall implementation and management of the Government’s efforts against violence, a secretariat has been established for a period from 1998 until and including 2000. The secretariat will report to a Committee of Ministers consisting of the Ministers of Justice, Education and Social Affairs.

279. The secretariat is to take initiatives ranging across both the preventive and the enforcement level in the efforts against child and juvenile crime, especially crimes of violence. The tasks of the secretariat are also to provide consultancy assistance to local authorities and police districts, to promote cooperation between schools, social authorities and the police, to communicate constructive experiences of controlling violence, and to initiate preventive campaigns and development of programmes and methods of conflict solution for children and young people.

Article 42 Dissemination of knowledge of the Convention

Field of education


280. The Ministry of Education has taken several specific initiatives for disseminating knowledge of the Convention. Thus, in 1998, a world conference about the Convention was held in Copenhagen. A large number of persons in charge of education and other interested parties from the educational sector in Denmark and the rest of the world, as well as pupils and students, attended the conference. The result of the discussions during the conference will be communicated to schools and other educational institutions.

281. In addition, the Ministry of Education cooperates with the Danish Centre for Human Rights (Det Danske Center for Menneskerettigheder) to hold a number of courses for teachers at all levels on instruction in human rights. The Convention on the Rights of the Child is a natural and important part of these courses.

282. In this connection, the Ministry of Education has supported the publication of a bibliography containing an exhaustive description of teaching materials on human rights, including videos and CD-ROMs. Some of the more recent teaching materials on human rights are a teacher’s package on children’s rights published in 1997 by UNICEF Denmark, the books “Children in all countries” (Børn i alle lande) and “Children’s rights” (Børns rettigheder) published by the Danish Centre for Human Rights, as well as the thematic booklet “Children’s rights in Denmark and the rest of the world” (Børns rettigheder i Danmark og i resten af verden) published by the Danish National Innovation Centre for General Education (Statens Pædagogiske Forsøgscenter).

The police


283. Police training in Denmark consists of a threeyear basic training course and some compulsory further education courses.

284. Concerning the field of the Convention, the basic course has as its point of departure the provisions of the Criminal Code and the Administration of Justice Act that take into consideration protection of children and young people. Instruction is also given in a number of areas in the special legislation where the provisions of the Convention have been reflected. Examples are the Social Assistance Act (as from 1 July 1998 the Social Service Act, etc., see para. 120 above), the Act on Protection of the Working Environment (arbejdsmiljøbeskyttelsesloven), the Act on Guardianship (værgemålsloven), and the Act on Custody and the Right of Access.

285. The instruction also includes the binding administrative regulations from the various ministries and from the Director of Public Prosecutions, etc. pertaining to said legislation. Instruction in the subject of psychology includes the issue of the behaviour of children and young people, their conditions of upbringing and their patterns of reaction.

286. During the autumn of 1997, an independent subject called “International affairs” was introduced in the police training course to clarify and strengthen the training concerning international human rights instruments and matters regulated thereby. In connection with a review of the subject of human rights, the conventions of the United Nations and the Council of Europe for the protection of human rights are also taught.

287. The compulsory further education courses deal with the provisions of the Convention in connection with a review of the relevant provisions in the Administration of Justice Act and special legislation as well as binding administrative regulations.

288. A newly established course for police officers in the fight against computer crime provides instruction that aims at investigation of cases of child pornography offered via the Internet.

289. One of the special courses concerns processing of cases of sexual outrages against children. The instruction in this special course is based on implementing efficient investigation while at the same time performing the investigation so as to give special consideration to protection of the child victim. The instruction thus also thoroughly deals with interviewing techniques and the interviewing forms especially associated with this subject.

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