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11th UPR session
Date of review: 2 May 2011
Date of report adoption: 21 September 2011
Working Group report: A/HRC/18/4
| Summary
Documents: The National Report noted that Denmark legally recognised same-sex couples, and listed sexual inclination as a ground for protection from hate speech and discrimination. Stakeholders reported that there was a lack of recognition of same-sex couples with children in administrative practices concerning children. Stakeholders further recommended that Denmark recommended that Denmark amend its legislation towards legal recognition of gender without sex reassignment, freedom to take a name of own choice regardless of gender indicated by the name, and freedom to decide to have an ‘X’ as gender specification in the passport. Discussions: There were no references to sexual orientation or gender identity during the working group review of Denmark. No recommendations on these issues were made. LBL, ILGA Europe and COC Netherlands made a joint statement during the adoption of the report of the working group, urging Denmark to protect the rights of transgender persons, and to adopt the Yogyakarta Principles. |
I. Key issues/recommendations identified by NGOs
a) amend the Children’s Act to reflect the diversity of families and thus to ensure equal rights to all children born in Denmark;
b) adjust the laws regarding legal recognition of preferred gender to comply with recommendations from human rights bodies, including legal recognition of gender without sex reassignment, freedom to take a name of own choice regardless of gender indicated by the name, and freedom to decide to have an ‘X’ as gender specification in the passport;
c) end the use of gender identifying person numbers;
d) recognize gender identity as a ground for discrimination, and;
e) apply the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.
II. Excerpts from input reports
NATIONAL REPORT
III. Implementation of human rights in Denmark
B. Equal treatment and non-discrimination
2. Homosexuals
24. In 1989 Denmark made it possible for two people of the same sex to register their partnership. At that time, a registered partnership largely had the same legal effect as a marriage, except in relation to the legislation on fatherhood in respect of certain aspects of adoption and shared parental responsibility. The rules were changed in 2010 so that registered partners would be able to adopt a child and be given or have the parental responsibility for a child transferred to them according to the same rules as apply for spouses. When adopting children from other countries, it is, however, a prerequisite that the country of origin agrees to adopt children to registered partners.
25. In Denmark a registered partnership can only be entered into by means of a civic authority ceremony. At the request of the Minister for Ecclesiastical Affairs, the Danish National Church has initiated a debate on whether it should be possible to enter into a registered partnership by means of a church service.
5. Racism and ethnic discrimination
32. Under section 266 b of the Criminal Code, it is a punishable offence, publicly or with the intention of wider dissemination, to make a statement or impart other information by which a group of people are threatened, insulted or degraded on account of race, skin colour, national or ethnic origin, religion or sexual inclination. A violation of this provision is punishable by prison up to two years.
33. According to the Racial Discrimination Act, anyone who, within a commercial or charitable enterprise, refuses to serve a person on the same terms as others on account of the person’s race, skin colour, national or ethnic origin, religion or sexual inclination is liable to a fine or prison up to six months. Anyone who, for one of the abovementioned reasons, refuses to give a person access on the same terms as others to a venue, performance, exhibition, meeting or similar event open to the public is liable to the same punishment.
D. Judicial reform
131. On March 1st 2010 the Faroese authorities assumed legislative and executive powers with regards to the Penal Code. Prior to the assumption of power the penal code was revised. These revisions involved inter alia that the penalty for a number of violent crimes was increased and it contains new provisions that makes female genital mutilation a criminal offence. Furthermore, new provisions also make all involvement in the trafficking of human beings a criminal offence. In 2007, Section 266 B of the Faroese Penal Code was amended so that it is now prohibited to discriminate on the basis of sexual orientation.
SUMMARY OF STAKEHOLDERS’ INFORMATION
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
23. JS4 reported that there was a lack of recognition of same-sex couples with children in administrative practices concerning children.
4. Right to privacy, marriage and family life
49. JS4 also reported that Denmark required hormonal or surgical sex reassignment before legal recognition of gender identity was possible. JS4 expressed concerns at the fact that gender was indicated in the identification number that each individual was given. JS4 recommended that Denmark amend its legislation towards legal recognition of gender without sex reassignment, freedom to take a name of own choice regardless of gender indicated by the name, and freedom to decide to have an ‘X’ as gender specification in the passport.
III. References to SOGI during the Working Group review
There were no references to sexual orientation or gender identity during the working group review of Denmark. No recommendations on these issues were made.
IV. Adoption of the Report of the Working Group
Comments by States and other stakeholders
LBL, ILGA Europe and COC Netherlands
Mr. President,
We commend Denmark for its commitment to equality and non-discrimination as expressed during the UPR process. We take note of stakeholders submissions to the UPR process of Denmark in which has been indicated that Denmark requires hormonal or surgical sex reassignment before legal recognition of gender identity is possible. This practise breaches the right to privacy as well as the right to health. The Human Rights Commissioner of the Council of Europe holds the view that such laws need to be abolished. We recommend Denmark to take the necessary steps to abolish these existing requirements.
Gender identity is currently not explicitly included as ground for discrimination in existing anti-discrimination legislation. We encourage Denmark to include gender identity explicitly in its anti-discrimination legislation.
Finally, we strongly urge Denmark to consider applying the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in policy development.
Thank you Mr President.
V. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E only
Addendum 1 : E only
Addendum 2 : E only
Outcome of the review
Report of the Working group: A | C | E | F | R | S
Addendum : E
Decision of the outcome: A | C | E | F | R | S
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