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TITLE: DENMARK HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DENMARK
Denmark is a constitutional monarchy with a tradition of
democratic parliamentary rule. Queen Margrethe II is Head of
State. The Cabinet, accountable to the unicameral Folketing
(parliament), leads the Government. A majority coalition led
by Prime Minister Poul Nyrup Rasmussen took office in January
1993.
Denmark has a unified national police. Its higher ranks are
often filled with lawyers on internal rotation from the civil
service. It is fully controlled by and responsible to civilian
authorities. Personal freedoms and the right to pursue private
interests and to hold private property are protected by law and
respected in practice.
An advanced industrial state, Denmark has an economy with
limited public ownership, except in utilities and public
transportation. The Government continues to seek ways to
reduce the public sector's share of the economy. In 1993, for
example, the Government sold 51 percent of the Giro Bank,
Denmark's fifth largest bank, and also privatized parts of the
Copenhagen regional bus system.
Deeply rooted democratic principles, an egalitarian tradition,
a lively press, and highly developed educational and social
welfare systems have made Denmark a leading defender of human
rights domestically and in the world. Anyone may protest to
the Ombudsman, established by the Folketing as mandated by the
Constitution, if he or she feels wrongly treated by any
national authority.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Such killings did not occur.
b. Disappearance
There were no abductions or disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Such practices are prohibited by law. Torture does not occur.
Allegations of inhuman treatment are rare, and there are legal
means of redress if it occurs. Two cases alleging excessive
use of police force against two African tourists were
investigated; the result was a 1992 finding by a judicial
inquiry that the force used was excessive, but that it was the
result of individual action of one officer, not the result of
government policy. While the Danish Government considers the
case closed, it resurfaced in the Danish press in 1993, as
some, including Amnesty International (AI), were unhappy with
the result. AI expressed concern that the report of the
inquiry had not accepted that force used against a detainee can
qualify as cruel, inhuman, or degrading punishment, whether or
not that treatment is deliberate or intended to frighten or
coerce the detainee.
An innovative center for torture victims (from abroad) at a
Copenhagen hospital, supported by the Foreign Ministry, treats
patients, assists torture victims, and studies ways to counter
the use of torture worldwide.
d. Arbitrary Arrest, Detention, or Exile
No person may be deprived of personal liberty without due
process of law. Those arrested must appear before a judge
within 24 hours. A judge may order that they be held in
pretrial detention, including detention in isolation, for a
period up to the length of the prison sentence for the crime
for which they were arrested. All accused have the right to
obtain their own attorney or a public attorney. Bail is
allowed. There is no exile.
e. Denial of Fair Public Trial
The Danish judicial system consists of a series of local and
regional courts, and the Supreme Court at the apex. Trials are
usually public; however, judges may make exceptions, e.g., in
paternity and divorce cases. In criminal cases, trials are
closed when necessary to protect a victim's privacy, such as in
rape cases, or to safeguard a witness' identity.
The rights of the accused are carefully protected. Defendants
have the right to be present, to confront witnesses, and to
present evidence. They are presumed innocent until proven
guilty. Both the defendant and the prosecution may appeal a
sentence. The judiciary is fully independent. Judges
appointed by the Minister of Justice serve until age 70. They
may not be dismissed but may be impeached for negligence or
criminal acts. There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The constitutional prohibition against searching homes, seizing
papers, and breaching the secrecy of communications without a
court order is respected.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
An independent press, an effective judiciary, and a democratic
political system ensure freedom of speech and press. There is
one large state-owned radio and television company. Editorial
control is exercised by a board independent of the Government.
A second national television channel is one-third government
subsidized. In both cases, management decides programming
content, but operational decisions are restricted by the
television-radio law, which limits, for example, broadcast time
reserved for commercials. Programs critical of the Government
appear on both channels. Cable television and satellite
dishes, which are now common, have greatly increased access to
foreign news broadcasts.
Private stations are restricted to transmitters of 10 watts for
radio or 100 watts for television. Direct relay transmission
of foreign radio broadcasts is prohibited, although they may be
carried on the cable net. Publications, including books and
newspapers, reflect a wide variety of political opinion.
Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
Danes may freely assemble and form associations. Public
meetings require permits, which are routinely given. Any
organization may affiliate with international bodies in its
field.
c. Freedom of Religion
The Constitution provides for religious freedom. The
Evangelical Lutheran Church is the state church and is state
supported. There is religious instruction in the schools in
the state religion, but any student may without sanction be
excused from religion classes with parental permission. No
religion is banned or discouraged and conversion is
unrestricted. No one may be discriminated against for one's
religious beliefs.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Danes have full freedom of travel and movement. People
determined to be refugees are never repatriated against their
will. However, there is a growing popular desire to repatriate
those who have been unsuccessful in establishing a legitimate
claim to political asylum. A 1991 decision by the Folketing
made clear that, following due process, those denied asylum
would be returned to their homelands. Meanwhile, asylum
seekers who arrive in Denmark via another safe country are
returned directly to that country, pursuant to the Dublin
Convention.
A large influx of asylum seekers from the former Yugoslavia
began in September 1992 and continued in 1993. Denmark's
financial and logistical resources were stretched to help
absorb the new arrivals. In 1992, 14,000 new asylum seekers
entered Denmark. This was more than three times as many as
came in 1991, and significantly more than came in the previous
record years of the mid-1980's (the era of the Iran-Iraq war).
In 1993 more than 15,000 asylum seekers arrived in Denmark,
more than 10,000 of whom came from the former Yugoslavia. As a
result of this influx, the Government modified the country's
liberal asylum rules effective October 10, 1992, and again on
June 24, 1993. The first change revamped asylum claims
processing to make it easier to determine a case to be
"obviously groundless." The latter change imposed a
requirement that would-be asylum seekers from the former
Yugoslavia had to be prescreened by Danish authorities resident
in Zagreb. The United Nations High Commissioner for Refugees
in the former Yugoslavia can also refer needy cases to the
Danish refugee adjudication center in Zagreb. These changes
permitted Denmark to control the inflow of asylum seekers from
the former Yugoslavia in order to select refugees from the most
troubled areas. After a slow startup and initial criticism
from the Human Rights Center, the program has met with broad
support in Denmark.
The Government of Prime Minister Poul Schlueter fell in January
as a result of the "Tamilgate" scandal. An investigation led
by an independent prosecutor concluded that Schlueter knew of
the illegal activities of a justice minister who had ordered
his ministry to slow its processing of family reunification
petitions from Tamil refugees living in Denmark, with a view to
pressuring the Tamils to return home. Although the
investigation's conclusions were contested and denied,
including by Schlueter himself (who nevertheless announced his
intention to resign the day the report was released), the
scandal indicated that there was at least some high-level
tolerance of, if not active support for, actions to limit the
number of refugees in Denmark. This scandal led to the first
impeachment in 83 years by the Folketing. The case is now
before a special court for trials of cabinet ministers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Danes have the right to change their government peacefully.
Ministers are responsible to the Folketing and may be removed
by a vote of no confidence. The Prime Minister is appointed by
the Queen after consultation with parties in the Folketing.
Parliamentary elections must take place every 4 years or
earlier by decision of the Prime Minister.
The Folketing's 179 members are chosen in free and open
elections under a complex system of proportional representation
designed to help small parties and to reflect the popular
vote. Twelve parties ran in the 1990 election; eight, with a
wide range of political views, achieved the minimum 2 percent
of the vote needed to obtain seats. The current Government is
a four-party majority coalition. Danes 18 years of age or over
may vote. Foreigners who are permanent residents may both vote
and run in local elections; such persons hold 13 city council
seats nationwide. There are no restrictions, in law or in
practice, on the participation of women in government or
politics. Women head 7 ministries in the new Government,
compared to 4 under the former Government, and hold 59 seats in
the Parliament.
The territories of Greenland (which has a primarily Inuit
population) and the Faroe Islands (whose inhabitants have their
own language) have democratically elected home rule governments
with broad powers encompassing all but foreign and security
affairs. Greenlanders and Faroese are Danish citizens and
enjoy the same human rights as people in the rest of Denmark.
Each territory elects two representatives to the Folketing.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Domestic human rights organizations operate freely. The Danish
Center for Human Rights, a government-funded institution,
conducts research and provides information on human rights.
Denmark is party to various international human rights
conventions that promote and protect human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The extensive state welfare system ensures that every member of
Danish society regardless of race, religion, sex, age,
disability, or ethnic background is provided with food,
shelter, health care, education, and training. The rights of
indigenous people are carefully protected. Discrimination
based on sexual orientation is prohibited.
Women
Denmark places no restrictions on the participation of women in
the civilian work force. Women hold positions of authority
throughout society, including in politics, though they are less
well represented at the top of the business world. Some 75
percent of all women between the ages of 16 and 66 belong to
the work force; 46 percent of the work force is female, while
23 percent of all supervisors are women. Wage inequality
exists, but wages are generally high for both men and women.
Denmark has laws that guarantee equal pay for equal work and
that prohibit job discrimination on the basis of sex. Women
have and use the legal recourses available to them when they
feel discriminated against.
Danish authorities do not tolerate, in law or in practice,
violence or abuse against women or children. Crimes against
women and children are considered serious; cases are
investigated promptly by the State, and appropriate action is
taken swiftly. However, according to the Danish National
Institute of Social Research, less than 10 percent of cases
involving domestic violence are reported. Denmark has no
specific programs for the prevention of rape and domestic
violence, although the Council for Prevention of Crime
publishes a pamphlet entitled "Rape Can Be Prevented." There
are 34 crisis centers for counseling and housing victims (plus
a number of counseling centers without overnight facilities)
which are supported by local governments, volunteer workers,
and donations. In addition, Denmark has centers for abused
men, women, and families.
Children
Children in Denmark are protected by law; parents are required
to protect children from physical and psychological abuse. The
authorities act quickly to protect children from actually or
potentially abusive or neglectful parents. Parents, regardless
of income, receive the equivalent of about $1,300 per year for
each child younger than 7 years old and about $1,000 per year
for children from 7 to 17 years old. At least 20 percent of
the total Danish social welfare budget is allocated to children
and youths younger than 18 years.
Indigenous People
The rights of the people in Greenland and the Faroe Islands are
fully protected. Greenlandic law is specially designed for
Inuit customs. It provides for the use of lay people, rather
than experts, as judges. Most prisoners are sent to holding
centers--rather than prisons--where they are encouraged to
work, hunt, or fish during the day. The Greenlandic Government
again in 1993 rejected suggestions that the treatment of
criminals be made more severe. This rejection was based partly
on the experience of Greenlandic prisoners in Danish jails
(they have a very difficult time adapting to confinement) and
partly on the expense of building a prison. In Greenland,
education is provided to the native population in the Inuit
language.
National/Racial/Ethnic Minorities
The inflow of ethnically and racially diverse refugees and
immigrants (mostly Iranians, Palestinians, and Sri Lankans, but
since late 1992, overwhelmingly former Yugoslavs) has provoked
a degree of tension between Danes and immigrants. Incidents of
random, racially motivated violence do occur, but are rare.
The Government effectively investigates and deals with all
cases of racially motivated violence.
Overtly racist or neo-Nazi groups are few and small in size,
and monitored closely by police. Swastikas and antiforeigner
graffiti do exist in certain areas. Violent acts against
refugees are rare. A woman active on behalf of refugees was
beaten in Copenhagen, and two Albanian asylum seekers were
attacked by three young Danish men. The case against the
woman's assailant remains unresolved, but in the other case,
the three men were prosecuted. Several politicians who have
openly called for greater tolerance towards refugees have
received hate mail and telephone calls. The former
Turkish-born deputy mayor of Farum, the first immigrant ever to
be elected to so high a post in Denmark, received telephone
threats within the first week of taking office. The
authorities investigated the threats, but did not find those
responsible for the calls.
Refugees and asylum seekers can apply for Danish citizenship
upon completing 6 years' residence and passing a language
examination. Foreign-born, non-Nordic Danish citizens and
legal permanent residents, however, suffer from significantly
higher unemployment rates than Nordic residents and citizens.
Some naturalized citizens have complained of job discrimination
on the basis of race but have so far been unable to prove that
they were discriminated against. Legislation prohibits job
discrimination on the basis of race and provides for legal
remedies.
In 1991 the Supreme Court rejected discriminatory racial and
ethnic quotas in public housing which had been imposed by some
towns to limit the number of immigrants who can live in a
building. As a result, the quota system was dropped.
Proponents claimed such limitation prevented ghettos. In 1993
about 5 municipalities refused to accept their share of the
recent arrivals, despite rules and directives that they do so,
because they objected to the cost and did not want the ethnic
mix of the communities to be upset. The Government responded
by forcing the municipalities to accept the refugees. In one
case, the dissenting city councilors were found in contempt,
and fines were imposed. The fines were never collected as the
city council eventually accepted the Government's position and
took the refugees.
People with Disabilities
The extensive social safety net ensures that the special needs
of the disabled are addressed. Danish building regulations
provide for special installations for the handicapped in public
buildings built or renovated after 1977. Older buildings which
change the nature of their use also must meet the regulations
for public access. The code calls for easy access for the
handicapped, defined as level-free access to the ground floor
and at least one restroom equipped for use by the handicapped.
The Danish Act on Social Welfare includes the provision of
financial assistance for the alteration of private dwellings to
accommodate the special needs of those in wheelchairs or
needing other special equipment and for assistance in
purchasing vehicles with special accessories for the disabled.
The Center for Equal Treatment of the Handicapped was launched
in August 1993. The Center is a consultative body that assists
communities and individuals to ensure that existing regulations
concerning the handicapped are followed. There is no Danish
antidiscrimination legislation in connection with equal
employment for the handicapped. However, a written rule on
hiring in the civil service states that preference should be
given to the handicapped individual when other factors are the
same.
Section 6 Worker Rights
a. The Right of Association
The law states that all workers, including military personnel
and the police, may form or join unions of their choosing.
Approximately 80 percent of Danish wage earners belong to
unions, which are independent of the Government and political
parties. The Danish Confederation of Trade Unions (LO), which
includes about half of the country's work force, remains
closely associated with the Social Democratic Party. Over the
years (but not in 1993) there have been a few--but widely
reported--incidents in which workers who joined trade unions
not affiliated with the LO were harassed or rejected by members
of the mainstream unions in the workplace. All but civil
servants and the military have the right to strike. The number
of days not worked due to labor conflicts in 1992 was 62,800
(down from 101,000 in 1991). Unions may affiliate freely with
international organizations and do so actively. Worker rights,
including full freedom of association, have the same respect in
Greenland and the Faroe Islands as in the rest of Denmark.
b. The Right to Organize and Bargain Collectively
Workers and employers acknowledge each other's right to
organize. Collective bargaining is widespread. The law
prohibits antiunion discrimination by employers against union
members and organizers, and there are mechanisms to resolve
disputes. Employers found guilty of antiunion discrimination
are required to reinstate workers fired for union activities.
In the private sector, salaries, benefits, and working
conditions are agreed upon in biennial negotiations between the
various employers' associations and the union counterparts. In
the event of a stalemate, the Confederation of Danish
Employers' Associations and the LO conduct these negotiations.
If the negotiations fail, a national conciliation board
mediates, and its proposal is voted on by management and
labor. If the proposal is turned down, the Government may
force a legislated solution on the parties (usually based upon
the mediators' proposal). The agreements, in turn, are used as
guidelines by the rest of the labor market, including the
public sector. Collective bargaining in the public sector is
conducted between the public sector employees' unions and
government representatives, led by the Finance Ministry.
Labor relations in Greenland are conducted in the same manner
as in Denmark. Working conditions are negotiated through
collective bargaining, usually led by the largest Greenlandic
union, SIK, which has about 8,000 members, about one-half of
the indigenous work force. In disputes, Greenlandic courts are
the first recourse, but Danish mediation services or the Danish
Labor Court may also be used.
In the Faroes, there are unions but no umbrella labor
organization. Labor relations in principle are a matter
between management and labor. Between them, they decide on
salaries, wages, and terms of employment. Should the parties
not be able to reach an agreement, a mediator is called in to
resolve the dispute. Faroese legislation regulates conditions
of apprenticeship, cost-of-living adjustments to negotiated
wages, minimum wages in the fisheries sector, length of the
workweek, and annual vacations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited and does not exist.
d. Minimum Age for Employment of Children
The minimum age for full-time employment is 15. The law
prescribes specific limitations on the employment of those
between 15 and 18 years of age, and it is enforced by the
Agency for Supervision of Labor Standards, an autonomous arm of
the Ministry of Labor.
e. Acceptable Conditions of Work
There is no legally mandated national minimum wage, but the
lowest wage in any national labor agreement is sufficient for a
decent standard of living for a worker and family. The law
provides for 5 weeks of paid vacation, and a 37-hour workweek
is generally observed. The law prescribes conditions of work,
including safety and health; duties of employers, supervisors,
and employees; work performance; rest periods and days off; and
medical examinations. The Labor Inspection Service ensures
compliance with labor legislation. Workers may remove
themselves from hazardous situations without jeopardizing their
employment, and there are legal protections for workers who
file complaints about unsafe or unhealthy conditions.
Similar conditions of work are found in Greenland and the
Faroes, except that their workweek is 40 hours. Unemployment
benefits in Greenland are either contained in labor contract
agreements or come from the general social security system. A
general unemployment insurance system in the Faroe Islands was
established in August 1992, replacing former unemployment
compensation covered by the social security system. Sick pay
and maternity pay, as in Denmark, fall under the social
security system.
[end of document]
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