liens parents enfant sefca Europe

Child Rights Committee considered the report of the Denmark



Child Rights Committee considered the report of the Denmark

January 24, 2011

The Committee on the rights of the child today reviewed the periodic report of the Denmark on the measures taken by that State party to implement the provisions of the Convention on the rights of the child.

Introducing the report of his country, Mr. Allan Rahbol Jacobsen, head of unit of the Danish Ministry of Foreign Affairs, human rights highlighted "Reform of the child" which allows for a minor to use, especially for challenging a decision concerning it, the age limit for doing so was lowered to 12 years. An expanded right of the national social Appeals Board (Ankestyrelsen) now allows him to hear a case on its own initiative where a child is in danger. Mr. Jacobsen also noted significant investments by the Danish Government in the network of crèches, stating that 97% of children aged 3 to 5 years benefited crèche access. With regard to the problem posed by the plaintiffs unaccompanied asylum minors, it generally Afghan youth aged 15 to 17 years. For those of you getting no residence permit, an agreement was concluded with the International Organization for Migration (IOM) to provide assistance to the return and reintegration. With regard to juvenile delinquency, State presented in 2009, a global programme called "Fresh start", while the criminal code was amended to bring the criminal responsibility of 15 to 14.

A representative of Greenland, Mr Torben Weyhe, for its part indicated autonomous Government had allocated additional funding to implement a strategy entitled "A child safe", which provides inter alia for the creation of a centre for child victims of sexual abuse and children's Council. For the implementation of the Convention, a five-year cooperation plan with UNICEF was signed. For its part, the representative of the Faroe Islands, Hallbera West, announced that local government came to announce the launch of spring action plan for combating family violence affecting women and minors.

The Danish delegation, composed wholly of 18 members, also included Ms. Tina Gade Jensen, Ministry of foreign; Mr. Lars Møller Christiansen, Department of welfare; Mrs. Anette Arnstrup, Ministry of justice; Ms. Irene Holse and Mr Christian Lamhauge Rasmussen, the Ministry of education; Ms. Kathrine Schjonning, the Department of the Interior and health; Mrs. Kristina Ravn, of the Ministry of refugee, immigration and business integration; a representative of the Danish Agency for retirement. and a representative of the Greenlandic Ministry of health.

The delegation provided experts from complementary information in particular regarding justice, education, and health issues. For exchanges, the delegation including insisted on taking account of the interests of the child, especially at the local level, the Denmark claiming an extensive policy of decentralization. The Committee has indeed proved very anxious in its questions of the risk of having to create large differences from one municipality to another quality services between the Danish metropolis and Greenlandic autonomous territories and the Faeroe Islands particularly.

The Committee will adopt its concluding observations on Denmark for private meetings, report February 4 to make them public at the end of the session.
Tomorrow morning at 10 a.m., the Committee will begin the review of the periodic report submitted by Belarus on agenda of the Convention and its initial reports in respect of the two optional protocols (CRC/C/BLR/3-4, CRC/C/OPSC/BLR/1 and CRC/C/OPAC/BLR/1). This review period ends Wednesday at midday.

Presentation of the report of the Denmark

Mr. ALLAN RAHBOL JACOBSEN, head of unit of the Danish Ministry of Foreign Affairs, human rights emphasized that the new strategy for the international human rights cooperation launched by his country in 2009 included, these commitments, commitment to strengthen the international instruments and strengthened civil society participation. For its part, "Reform of the child" is designed to improve the welfare of minors at risk, while allowing the implementation of fundamental rights of the child. It focuses on the safety of the child and adolescent. It also focuses on the child's right to complain, especially for challenging a decision concerning, the age limit for doing so was lowered to 12 years. These new provisions came into force on January 1, 2011, EUR 125 million being spent on implementing the new provisions, the starting point being the best interests of the child. These provisions also improved access to professionals in the expression of the problems relating to disadvantaged children and young people. Finally, is being implemented an expanded right of the national social appeals (Ankestyrelsen) Board capture itself on its own initiative where a child is in danger.

Secondly, Mr. Jacobsen stressed the significant investments made by the Danish Government in the network of crèches in recognition that the first six years of a child's life are crucial. He explained that 97% of children aged 3 to 5 years benefited crèche access.

He then raised the issue of unaccompanied minors entering the Denmark as asylum-seekers. Considered very vulnerable, priority is given to respect for their best interests. In recent years their number has been increasing and the profile of this group has changed. The majority today consists of Afghan youth aged 15 to 17 years, most filing an asylum application. They are housed in premises separated from adult asylum seekers and access to education, care and social activities appropriate for their age. For those getting no residence permit, an agreement was concluded with the International Organization for Migration (IOM) to provide assistance to the return and reintegration. To address the current situation, the Parliament adopted a new provision in the Act on foreigners in December 2010. Those who obtain a residence permit, they are entitled to education, Danish language courses and an introduction to the Danish society. Mr. Jacobsen stressed that if municipalities were generally satisfied with the legislation in force, they were often poorly armed to receive minors isolated, traumatized, and illiterate. The Government is aware and has does not passive rest in this regard.

With regard to juvenile delinquency, State submitted in 2009 a global programme called "Fresh start" to cope, there also, with the situation. The penal code was amended in June 2010 to bring criminal responsibility from 15 to 14. This is not to send young offenders 14 years in prison but to enable justice to impose a sanction that might be a conditional sentence or the obligation to follow educational activities for example. In more severe cases, there are framed social-educational programs for a period of two years.

Finally, Mr. Jacobsen mentioned a recent plan against drug abuse launched in October 2010 based on four pillars: prevention, treatment, pain reduction and control. Indeed, the Government considers that the prohibition and suppression cannot be sufficient and appropriate action as soon as possible.

A representative of the Government of Greenland, Mr TORBEN WEYHE, stressed that internal autonomy was established in 2009 in that province. This status did not specifically influence childhood issues, even if it involves a greater responsibility of the Government of the province in this regard. Because if the Greenland wants access to independence and self-sufficiency in the future, welfare and education of children must be a priority, he said. New Greenlandic Government elected in 2009 was allocated 25 million additional crowns for FY 2010 to implement the strategy 2010 entitled "A safe childhood". Among other things, this involves the creation of a centre for child victims of sexual abuse and a Council of children with a spokesperson. For the implementation of the Convention, a five-year cooperation plan with UNICEF was signed. The Greenlandic Government has implemented various initiatives with local communities and nongovernmental organizations in order to define a strategy for ten or fifteen years which will be debated in Parliament next year. Education and health system reform will allow better child support.
A representative of the Faroe Islands, HALLBERA WEST, stated that human rights and democracy were fundamental values in the archipelago. A rooted democratic system of long date, social protection and the local legislative framework allow children to enjoy all their rights and of a high standard of living has ensured, indicating that NGOs were consulted in the preparation of the report. Turning to violence in the family setting, particular concern to the Committee, Ms. West was pleased to be able to indicate that the Government had recently announced an action plan to be launched this spring to combat this phenomenon affecting women and minors.

Before presenting the 18 members of his delegation, Mr. JACOBSEN resumed speech stressing that consideration of the report of his country was not a "beauty contest" but an important opportunity, on the basis of the report discuss the implementation of the Convention with the shared objective to achieve a full implementation of the obligations of this instrument.

Denmark (CRC/C/DNK/4) periodic report provides an overview of the measures adopted for the period from 2003 to March 2008 to improve the situation of children in the Denmark and contains relevant statistical data and other factual information concerning the application concrete Convention in the Denmark. He said inter alia taking into consideration the best interests of the child is the basic principle applied to hearings in family law and cases involving children. In social terms, budgets were identified including to develop more efficient methods for the detection of social problems in children and better to train professionals to enable them identify children at risk and provide promptly implementing targeted measures. With regard to new technologies and new media, including Internet, officials strive to have a better understanding of their children's use. Media for children and Youth Council has made a number of studies on Internet use and computer games for children and the attitude of the parents in this regard. Ministry of sciences participated as a representative of the Danish authorities to the European "safer Internet Plus" programme (Programme for a safer Internet), that targets the illegal content of Internet sites.

In regards to violence and abuse against children and their mother, the Ministry of equality thus presented a new "quadrennial plan 2005-2008 against the violence of men against women and children in the family". Since 2002, children and young people are particularly targeted by the activities of this type of plan. Regarding the Optional Protocol on the involvement of children in armed conflict, the Danish legislation does not permit under 18 persons performing their military service in the defence. On the other hand, the Denmark ratified in 2003 the Optional Protocol to the Convention on the rights of the child on the sale of children, child prostitution and child pornography. Before ratification, legislative amendments had been introduced to ensure that the Denmark complied fully with its obligations under the Protocol.

The Committee is also seized of the responses of the State party to the written questions addressed to it by the Committee (CRC/C/DNK/Q/4/Add.1, to be published in French).

Consideration of the report

Comments and questions from members of the Committee

Ms. MARTA MAURAS, Rapporteur of the Committee for the examination of the report of the Denmark recalled that, according to UNICEF, the country ranked in the forefront of the most privileged of the world. It however concern differences in the application of the agreement between the city and the territories of the Faroe Islands and Greenland. The Committee is also concerned the disproportion of resources between local communities since the reform concerning them in 2007, the State having apparently transferred to the municipalities of the responsibilities that were previously held by the Central and regional funding authorities and functioning of social services. The Committee is concerned about the negative effect for the distribution resources and effective implementation of the services that this reform is likely to have the poorest municipalities. The rapporteur asked the delegation further details on the operation of the new administrative regulation, and in particular, specific measures were taken to assess its impact and to ensure that underprivileged municipalities, especially those from Greenland and the Faroe is not affected negatively.

The Committee also wished to know what would be the orientation of the reform act to support children and young people in the five-year agreement with UNICEF. The Committee wishes to in addition to details on the application of the law reform social services currently comes into force on the territory as a whole. Ms. Mauras worried about overly punitive reaction to problems of adaptation and behaviour of adolescents, as seems to suggest lowering of criminal responsibility and increased penalties for offences committed by young persons. It has wished to know what central authority was in charge of children's policy stressing a lack of clarity in this regard. In connection with this issue, Ms. Mauras asked how child resources were assigned. She asked whether there was an opportunity to identify resources specifically to children and to assess the impact.

After praised Denmark for his constant efforts to public development aid, past 0.82 to 0.88% of GDP between 2008 and 2009, according to the OECD, she felt it would be desirable that this increase goes largely to the application of the Convention in developing countries.

Ms. Mauras concerned a climate of increasing intolerance in the country. In addition, new immigration laws appear to exacerbate the discriminatory atmosphere linked to crime, she said, citing the problems faced by the Roma, which can sometimes be evicted in spite of the absence of recognized tort. It was also concerned that foreign can lose their residence permit when they migrate from a violent husband.

The rapporteur then turned to the right to identity and nationality of foreign children, the Committee is concerned by the fact that the children of foreigners born in the Denmark may be subject to the same formalities as adults to acquire citizenship, which screened at the age of 18 years, which necessarily introduces a sense of insecurity.

Specifically citing cases of Greenland and the Faeroe Islands, Ms. Mauras expressed concern about the phenomena of violence against women and children and made State of degrading punishments. As regards the problems of poverty, affecting 59,000 children, i.e. 5% of the infant population according to the OECD, she noted "lack of clarity" statistics. They do not see, in particular, the impact of the decline in welfare - in particular the rule requiring worked 300 hours, threshold that will be soon brought to 450, for each Member of the couple - which affects a category of the population that is foreign to 95%. This has the consequence that one-third of families are without work or social assistance.

Mr. KAMEL FILALI, co-rapporteur for the report of the Denmark, then referred to the reservations expressed by the Denmark of the Convention, asking the delegation clarified why they had not been lifted. He also addressed the dissemination of the Convention, noting that it was little known children, is not taught in primary and secondary levels. If he welcomed the organisation of an information campaign on diversity, he referred to the problem posed by a recent amendment providing that Afghan minors may eventually be returned to their country once the age of majority. As regards the problems of crime, he wished know what training benefited police and prison personnel in fact and not only in the Act. Mr Filali noted that there is no Ombudsman for children and asked if this was not a gap in this regard. Regards the bad abuse within the family, sometimes resulting in death, he asked what was the Denmark approach to the problem.

Among the other members of the Committee will be then expressed an expert was asked what measures would be taken to implement the new law on childhood territories from Greenland and the Faroe. One of his colleagues asked to what extent the Convention was known and disseminated in the country. If educational programs provide education rights in General, the report highlights well indeed that the teaching of the Convention is not expected, with to result the fact that only 18% of youth in has heard, 15%, knowing its content. The same expert also wished to know how the Convention was known to unaccompanied migrant minors. Expert specifically addressed the situation of Greenland and the Faroe. In these two territories, it seems that there are differences, in particular in the field of application of the Convention in educational matters including, he said. Another expert was also concerned about the high rate of accidents at work. Another Member of the Committee, while noting that the Danish children were probably "the happiest in the world", recalled that the Committee should raise above all problems. He approached the question of social networks and the Internet likely to be problematic for the health and safety of children.

An expert sought clarification on the implementation strategy to ensure the equality of children throughout the national territory. The representative of Greenland was asked what measures were taken concrete problems such as alcoholism, many parents apparently having trouble living up to their responsibilities. Another expert inquired of the law on citizenship, and its acquisition, including asking how the Government had to make so that stateless persons born outside of the Denmark parents can obtain Danish citizenship at birth.

The Chairperson of the Committee, Ms. YANGHEE LEE, found that the Denmark could be proud of what the country had done, who does not put the bar higher, she said. If the report contains an impressive amount of information, the Committee would have liked an approach more self-critical, because there is a difficulty in understanding maintaining certain reserves or absence of a national action plan. She spoke about the current threshold of 300 hours of work to be undertaken to receive assistance, wishing to find out whether an assessment of this measure had been conducted.

An expert has expressed its concern at the growing problems of obesity strikes young people. She also voiced many teenage especially in Greenland, and wanted to know was it sexual education programs have been implemented.

An expert has asked a question about children in conflict with the law", wishing to know the difference between centres for minors and ordinary prisons. He also noted that the lowering of criminal responsibility might increase the number of child detainees, even though the reception centres appear as insufficient. He drew attention to the fact that, since an amendment of the Act and penalties incurred criminal minors could now be sentenced to up to 20 years in prison in the most serious cases.

Another expert was asked if it had analytical data relating to calls for the establishment of the hotline available to child victims of violence.

Regarding the Optional Protocol on the involvement of children in armed conflicts, a member of the Committee asked whether there was a system for identifying children arriving at the Denmark and likely to have been involved in wars. He also asked if the authorities were able to detect minors who have been victims of genital mutilation.

Questions were also asked about the situation of ethnic minorities with reference to the case of Inuit.

Additional information submitted by the delegation

Answering questions from the experts, the representative of the Ministry of Social Affairs spoke about "Reform of the children", stressing it specifically to ensure respect for the interests of the child at the local level. He also noted that the principle of the creation of new foster families was introduced. The right of appeal and to lodge a complaint has meanwhile strengthened since 12 years, compared with 15 years ago. On the other hand, the Court of appeal of social services now has an extended right to hear minors: it can take as soon as its attention to children in difficulty. Another initiative aims to increase the possibility for social workers to report such instances urgently. The aim of these measures aims to improve the quality of support measures. On the other hand, guides have been developed to explain the municipalities how to apply the new legislation came into force on January 1 at best. This reform is under long matured development for discussion at the level of political formations. The issue was to focus on preventive measures.

The Rapporteur of the Committee of the Denmark having asked how children at risk were defined, the delegation replied that specially trained professionals were aware of this issue, the legislative framework setting out a number of cases of perilous situation. As regards opportunities for less than 17 years of complaints, she indicated that legal aid was available in the form of advice by lawyers. It is not to be overly alarmist not taking risk turning a blind eye on actually problematic cases.

Answering questions on human rights education, the delegation stated that schools are not expected to form the existence of treaties on the rights of man, the source of these rights, but rather their practical application. And indeed, the Danish students are deemed have a sound knowledge in this regard. Please be aware that it is the teacher and the child who choose the material on which work.

In response to a question about the formation of local officials, the delegation stated that approximately one billion crowns have been assigned for this purpose. A debate took place however in the country to increase budgets, not so much on amounts but on their effectiveness, trying to focus on prevention. An expert who wished to know how they ensured that differences don't exist from one municipality to another in the quality of the services, the delegation emphasized the decentralized nature of the system. There is a possibility of recourse for any family who would consider that it is not sufficient support.

Evoking the reservations to the Convention made by the Denmark, it is not possible to raise at this stage, said a representative of the delegation. The country has decided not to implement the Convention in national legislation, which moreover is not expressly foreseen by the Treaty. After ratification, the Denmark is the maximum to ensure that any new legislation is consistent with the Convention. In addition, this text is regarded as a source of relevant law and can be invoked, which does not require the formally transposed. Furthermore, possible transposition would no difference, said a representative of the delegation. It can be invoked as needed: it is translated into Danish and has been published on the relevant websites, which means that it is widely distributed.

Regards accompanied by, virtually all children applying for asylum. They are then entitled to a temporary residence permit pending an examination of their record by immigration authorities. If it appears that refugee status may be granted, the minor may nevertheless request a residence permit before any possible reference in his country. An individual assessment is made whether parents of a minor are untraceable. All children in need of protection, in accordance with the Geneva Conventions, are given this protection, assured the delegation.

With regard to Greenland and the Faeroe Islands, these territories have their own legislation on social matters. An expert who asked how the authorities could ensure that equal treatment on the national territory as a whole, the delegation indicated that it was the autonomous authorities to ensure the application of the Convention on their territory. He stated that existed nevertheless close cooperation between national authorities and those of autonomous governments. A representative of Greenland drew attention to the fact that the conditions prevailing in the territory were unique and quite different from those existing in the rest of the country, which justifies the rule of local authorities. The head of the delegation said that the implementation of the decisions rested with two territories and eventually legislate. As a last resort, are to them the responsibility to comply with their obligations.

Meet the experts noted the absence of a children's Ombudsman, the delegation explained that children may file complaints with the Ombudsman General. There is also a national Council for children, funded by the State.

Violence and sexual abuse issues are a taboo subject in society and this is why the Government has plans to launch a campaign to reach the largest number of children and young people to raise awareness of these issues. In response to a question on the follow-up to the 2003 action plan, the delegation stated that a new strategy in the form of an update of the plan had been defined in consultation with NGOs and launched at the beginning of this year.

Once asylum seekers without family minors reach the majority of 18 years, the reasons for their residence permit granting are deciduous, justifying their status issue arises again. An agreement has been made with the world Organization for migration to find families for minors who wish to. Stateless persons born in the Denmark children can automatically obtain Danish citizenship, their parents must make the request.

Answering questions relating to employment, poverty and exclusion, Government is convinced that the imposing justify 300 hours to 10 weeks minimum to qualify for social security benefits is positive. In November 2010, 134 couples only had not met this requirement. The strategy of the State is to adopt incentive measures for employment. The State is the project to establish indicators with a view to reducing poverty by 2020.

As regards working conditions, measures have been adopted in 2009 and 2010 for kids summer jobs and inspections carried out in the workplace. Teachers, parents and employers were aware of the legislation.

With regard to the problems of alcoholism and alcohol and tobacco consumption, family clinics were established including helping pregnant alcoholic. Special funds were allocated to strengthen the fight against alcoholism in the family level. On the other hand, limitations on sales of alcoholic beverages in adolescents less than 18 years of age must soon be strengthened. Tobacco control has also been the subject of campaigns. Statistics show a decrease in the consumption of alcohol and tobacco, with the exception of young girls in regards to smoking.

This placement rate of children in foster families is higher than other Scandinavian; This could be explained by a lower number of adoptions in the country. Authorities are well aware that quite often, the placement does not good results. Alternatives are explored with local communities. Children less than one year can be placed for a period of three years or a homestay before possible reconsideration of the situation. There are very few cases.
As regards the influence of the Internet, the Danish police, with the Danish branch of Save The Children has developed a filter antipornographique; Moreover, it encourages ISPs to block illegal sites. It is also a matter of educating children about the dangers of the Internet, in particular with regard to contacts with strangers by means of the Internet.

With regard to Greenland, social and economic reforms must be implemented, if the territory to become viable and self-sustaining, said its representative. It's a work in gestation, he added, notably as regards the incorporation of the provisions of the Convention.

The representative of the Faeroe Islands indicated that children did there suffered generally not poverty than single-parent families. As regards women and violence, this question has already arisen before the Committee on the Elimination of all forms of discrimination against women, and a number of responses have already been made. The Faeroe Islands penal code provides that do not report abuse or abuse is itself an offence. There is however no statistics in this regard. Corporal punishment are prohibited by Danish law, the archipelago before transferring them. With regard to the Protocol optional to the Convention on the rights of the child on the sale of children, child prostitution and pornography featuring children, local Government has provided to associate. On the other hand, the age limit as well for the sale of tobacco to that of alcohol was set at 18 years of age in the archipelago.

In response to a question about an alternative placement, adoption is possible under certain conditions, in the absence of the agreement of the parents. One case has been registered, due to a reluctance of social workers to this procedure. Training sessions were organized to explain that through this new regulation, children will be able to be reared in a family environment that is more satisfying than investments in orphanages.

The delegation stated that there was one case of very young children with one parent in prison. On the other hand, turning centers closed for juvenile offenders, the delegation said that there was no place in this connection problem.

Bullying at school figures are passed 25 to 6% over the last fifteen years. A guide has been published on the issue of bullying and harassment at school. It is often of a dynamic group that can be resolved by giving kids positive tools. "

Responding to a question about the situation of ethnic minorities to the Denmark, the Greenland's representative indicated that Inuit accounted for 90% of the population of the territory. The school system is free of charge and the duration of schooling is ten-year-old inuktitut being taught as a native language.


MAURAS PEREZ, rapporteur for the report of the Denmark, welcomed the frankness of the Danish delegation, believing that the country had demonstrated its willingness to respect human rights. She noted that the Committee was waiting with "enthusiasm" extension in Greenland and the Faroe Islands of the provisions in force in the rest of the country. The Committee has a few concerns about the lowering of criminal responsibility and looks forward to the next evaluation of this amendment. Facing addiction can expect a decrease in delinquency through the plan of fight and prevention against this phenomenon, she added. The Committee was not persuaded by the responses on the Ombudsman. He wished to place the bar yet above so that the Denmark continues to progress in the implementation of the rights of the child.

The head of the Danish delegation, Mr. JACOBSEN, underlined the role important accord us by his country to the work of the Council of the rights of man and the United Nations as a whole, the Denmark is determined to honour its commitments at the international level. The exercise of the day was an opportunity to take stock of the action of the country in the field of children's rights even if Governments and experts are not always agree, he acknowledged. In any case, these questions invite to speculate otherwise necessarily modify the legislation of the country. Mr. Jacobsen is committed to ensure that the concluding observations of the Committee are widely disseminated in the country.
Finally, the Chairperson, Ms. Yanghee Lee, well noted that the Danish delegation was committed to nothing more than to honour its obligations, confirming that at the next review of the Denmark the bar is placed even higher.



0 Poster un commentaire

A découvrir aussi