| For a summary of Denmark’s review at the first cycle please click here. |
24th UPR session
Date of review: 21 January 2016
Date of report adoption: 13 April 2016
Document number: A/HRC/32/10
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SUMMARY SOGIESC issues during Denmark’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
3. DIHR [NHRI] noted that Danish anti-discrimination legislations offer insufficient protection against discrimination. It recommended express prohibition of discrimination against persons with disabilities and discrimination as to religious belief, sexual orientation or age outside the labour market
Constitutional and legislative framework
17. Greenland’s HRC [NHRI] and JS2 reported no protection against discrimination outside the labour market, i.e. in social security, health services, education and housing. They recommended adopting legislation to prohibit discrimination as to race, ethnicity, age, religion, sexual orientation and disability. 22 Greenland HRC reported an absence of national complaints procedure other than taking a case to court or referring it to the parliament’s ombudsman’s office. It recommended adopting legislation to ensure access to effective remedy for victims of discrimination.
Equality and non-discrimination
26. OSCE reported that hate crimes are highlighted in the 2012-2015 Prosecutor’s, Lawyers, Judges and Police Training Strategy. The Danish authorities informed ODIHR that they set up a national anti-discrimination unit and a report thereon would be submitted to ODIHR during 2014 reporting cycle, in November 2015. According to a survey by EU-FRA around 30 percent of respondents felt personally discriminated against or harassed in the last 12 months on the grounds of their sexual orientation. 11 percent of LGBT persons were discriminated against in employment and 10 percent felt discriminated against by school or university personnel. The prevalence of hate-motivated harassment is 17 percent. JS2 noted that LGBT persons did not have equal access to health care. For instance, all women, except for transsexuals, may legally receive cosmetic breast surgery. It recommended an end to lengthy evaluation and delay in sexological clinic decisions.
Right to privacy, marriage and family life
38. AI noted that legalizing same-sex marriage in Denmark does not extend to the Faroe Islands, and recommended that the self-governing authorities of the Faroe Island amend the Marriage Law to allow same sex marriages.
Right to health
45. AI observed that since June 2014, transgender persons are allowed to obtain official documents reflecting their gender identity without having to undergo surgery or mental disorder diagnosis. AI remained concerned that the new bill allows for the health authorities to lay down a series of procedural rules on access to hormone treatment and correctional surgery. AI recommended adopting rules to establish reasonable time limits for the provision of hormone treatment, remove transgender from the official list of diagnosable mental illnesses, but rather persons with a physical disorder.
II. Excerpts on SOGIESC issues from the national report
LGBTI
• In 2012 the scope of the Marriage Act was amended to make it possible for two persons of the same sex to contract marriage through a church ceremony while allowing the individual vicar of the Established Church (the Lutheran Evangelical Church of Denmark) to choose not to perform such ceremonies.
• In 2013 the Children’s Act was amended with rules on co-maternity in situations where the mother has been treated with assisted reproduction and has a female spouse or partner who has agreed to the treatment and to becoming co-mother. The legal position of a co-mother equals that of a father.
• In 2014 the Danish Parliament passed a law regarding transgender citizens. The law enables citizens over the age of 18 to legally change their gender without undergoing sex-reassignment surgery or psychological evaluation. Permission may be granted if the applicant attests that the application is reasoned by a feeling of belonging to the opposite gender and if the application is confirmed after a reflection period of six months.
Gender and equality
18. A number of initiatives were conducted or introduced in 2014 in order to promote gender equality and human rights. These included: I) A “rights campaign” targeting women from ethnic minority groups in Denmark and informing them of their rights according to family law, II) A survey on living conditions for LGBT persons, III) A nationwide information campaign on human trafficking.
Other
19. A survey on hate crimes or bias-motivated crime has been initiated. The survey covers a wide range of bias-motivated crimes including crimes based on sexual orientation, race, religion, political orientation, disability and social marginalisation. A number of key indicators will be generated which will enable the Government to make a baseline for further monitoring of bias-motivated crimes in Denmark. The result of the survey is expected in the autumn of 2015.
Prohibiting gender-related discrimination
70. In 2010 the Parliament of Greenland asked the Danish government for legislation that would allow same-sex marriages. In May 2015, the Parliament of Greenland, Inatsisartut, approved a proposal by the Danish Government to extend the scope of the Danish legislation on same sex marriages to Greenland. The Danish Parliament is expected to adopt the necessary legislation by 2016 and, thereby, allow same-sex marriages in Greenland.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
22. It noted the inadequacy of support services, including for ensuring non-discrimination, for lesbian, bisexual and transgender women.
IV. References to SOGIESC issues during the Working Group review
9. […] A proposal to allow same-sex marriage had been submitted to the Faroes Parliament and legislation regarding sexual offences and protection of victims of stalking would be presented in Parliament in autumn 2016.
17. Colombia welcomed the extensive information that Denmark had provided for the review and its achievements in the protection and promotion of the rights of children and in guaranteeing the rights of lesbian, gay, bisexual, transgender and intersex persons.
28. Greece highlighted progress made in the protection of children, especially vulnerable children, efforts to reduce bullying in schools and progress achieved on the rights of persons with disabilities. It welcomed the results of efforts to promote the rights of lesbian, gay, bisexual, transgender and intersex persons and to increase gender equality and women’s participation in the labour market.
53. Montenegro welcomed steps to improve the legislative framework on the protection of children, persons with disabilities and lesbian, gay, bisexual, transgender and intersex persons. It noted the new monitoring system for hate crimes and the revised guidance on handling such cases. […]
58. […] The Netherlands called for children’s and young people’s self-experienced gender to be recognized as authentic and legitimate.
71. Serbia welcomed school reforms to improve academic results, increase pupils’ wellbeing and reduce bullying, and commended efforts to eliminate discrimination against marginalized groups, particularly measures to combat sexism, stereotypes and harassment based on gender expression.
94. Uruguay […] noted the initiatives taken in protecting the rights of children and persons with disabilities and the advances made in relation to lesbian, gay, bisexual and transgender persons.
109. Brazil noted the efforts to improve the general situation of human rights through the adoption of laws regarding children, vulnerable persons and persons with disabilities, lesbian, gay, bisexual and transgender persons, refugees and migrants. […]
V. Conclusions and/or recommendations
Denmark accepted the following recommendations:
120.100 Implement support services and ensure non-discrimination against the lesbian, gay, bisexual, transgender and intersex community (South Africa);
120.101 Ensure equal access to public health for lesbian, gay, bisexual and transgender persons (Uruguay).
Denmark noted the following recommendations:
120.64 Expressly prohibit discrimination against persons with disabilities as well as religious belief, sexual orientation or age, outside the labour market (Bulgaria);
120.66 Review its body of legislation prohibiting discrimination on any grounds, and in this regard, expressly prohibit discrimination due to disability, age, religious belief, sexual orientation or gender identity (Canada);
120.101 Removing existing legislative barriers for access to gender reassignment-related treatments (Uruguay);
120.141 Allow minors to change their legal gender by allowing the person exercising parental authority over the minor to file an application (Netherlands);
120.142 Amend the Marriage Law in the Faroe Islands to allow for same sex marriages (Iceland).
VI. Further information
You will find all documents relating to Denmark’s second review at UPR-Info and OHCHR’s websites.