Experts of the Committee on the Rights of Persons with Disabilities Welcome Support Provided by Danish Organizations to East African Organizations of Persons with Disabilities, Ask about Supported Decision Making and the Use of Coercive Measures on Children with Disabilities
Experts of the Committee on the Rights of Persons with Disabilities Welcome Support Provided by Danish Organizations to East African Organizations of Persons with Disabilities, Ask about Supported Decision Making and the Use of Coercive Measures on Children with Disabilities
Experts of the Committee on the Rights of Persons with Disabilities Welcome Support Provided by Danish Organizations to East African Organizations of Persons with Disabilities, Ask about Supported Decision Making and the Use of Coercive Measures on Children with Disabilities
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the combined second and third periodic report of Denmark on its implementation of the Convention on the Rights of Persons with Disabilities, with Committee Experts welcoming the support provided by organizations of persons with disabilities in Denmark to organizations in East Africa, while asking questions on supported decision making systems and the use of coercive measures on children with disabilities.
One Committee Expert welcomed that organizations of persons with disabilities in Denmark had been assisting organizations of persons with disabilities in East Africa.
Markus Schefer, Committee Expert and Member of the Country Taskforce for Denmark, said that although Denmark had amended legislation to provide partial recognition of the legal capacity of persons with disabilities, the substitute decision making system remained in place. What measures were in place to establish supported decision making systems?
Another Committee Expert said there were 243 children in institutions who had been affected by coercive measures. Forced entry into institutions for children under 15 was not considered to be coercion by the State party. What measures were in place to reduce coercive measures and amend legislation to ensure children under 15 could enjoy due process?
Introducing the report, Ib Petersen, Permanent Representative of Denmark to the United Nations Office at Geneva and head of the delegation, said Denmark had a long-standing tradition of promoting and upholding human rights, including the rights of persons with disabilities. Since the last dialogue, the State party had taken significant steps to strengthen the rights of persons with disabilities across various sectors.
Pernille Boye Koch, National Director of the Danish Institute for Human Rights, in an opening statement, said that over the past decade, living conditions for persons with disabilities had remained the same or significantly worsened in almost all areas of society, such as education, health services and accessibility. Denmark had failed to reduce the widespread use of coercion in psychiatric institutions.
The delegation said decisions on full deprivation of legal capacity were only made if partial removal of legal capacity was not considered to be sufficient to protect the person involved. Guardians needed to consult persons under guardianship before making decisions on important matters. Denmark was not considering replacing substitute decision making with supported decision making.
The delegation said measures had been implemented to strengthen psychiatric care and reduce the use of coercion. An amendment to the mental health act had been implemented to allow patients under the age of 15 to reject psychiatric treatment regardless of their parents’ wishes and to complain to a psychiatric complaints board. There had been a decrease in the use of coercive measures against minor psychiatric patients from 2019 to 2023.
In concluding remarks, Mr. Petersen said that in the constructive, fruitful dialogue, the delegation had presented the progress made and the areas in which challenges remained. The Governments of Denmark, Greenland and the Faroe Islands would continue to work hand in hand to enhance the rights of persons with disabilities.
Rosa Idalia Aldana Salguero, Committee Expert and Member of the Country Taskforce for Denmark, in her concluding remarks, thanked the delegation for the frank dialogue. The Committee had recognised the sound practices implemented in Denmark to promote the rights of persons with disabilities. It had also highlighted shortcomings in the implementation of the Convention, including in the areas of health, non-discrimination and access to justice.
The delegation of Denmark consisted of representatives of the Ministry of Foreign Affairs; Ministry of Social Affairs, Housing and Senior Citizens; Ministry of the Interior and Health; Ministry of Justice; Ministry of Employment; Ministry of Children and Education; Ministry of Digital Government and Gender Equality; Ministry of Immigration and Integration; Ministry of Foreign Affairs, Trade and Industry of the Faroe Islands; Ministry of Social Affairs and Culture of the Faroe Islands; Ministry of Children and Education of the Faroe Islands; Ministry of Finance of the Faroe Islands; Ministry of Social Affairs and Culture of the Faroe Islands; Ministry for Children and Youth, Greenland Self Rule; and the Permanent Mission of Denmark to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Denmark at the end of its thirty-first session, which concludes on 5 September. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirty-first session and other documents related to the session can be found here.
The Committee will next meet in public on Monday, 26 August at 3 p.m. to begin its examination of the initial report of Ghana (CRPD/C/GHA/1).
Report
The Committee has before it the combined second and third periodic report of Denmark (CRPD/C/DNK/2-3).
Presentation of Report
IB PETERSEN, Permanent Representative of Denmark to the United Nations Office at Geneva and head of the delegation, said Denmark had a long-standing tradition of promoting and upholding human rights, including the rights of persons with disabilities. Since the last dialogue, the State party had taken significant steps to strengthen the rights of persons with disabilities across various sectors.
The Danish Government had since 2020 worked to strengthen the inclusion of persons with disabilities in Danish development cooperation. Denmark participated in the Global Disability Summit in February 2022 and made four commitments to further strengthen the inclusion of persons with disabilities in Danish development cooperation. This included enrolment in the Global Action on Disability network in June 2022. By being a member of the network, Denmark hoped to strengthen the knowledge base across Danish development cooperation and humanitarian action and find better ways of including persons with disabilities.
The Danish Government and several other parties in Parliament concluded a framework agreement in May 2024 for the disability sector. The overall purpose of the agreement was to ensure an economically sustainable and high-quality development of the sector. The agreement consisted of 25 specific initiatives that aimed to benefit children, young people and adults with physical or mental impairments. As part of the agreement, the rules on the use of force in residential accommodations for persons with disabilities were being revised to support the staff’s ability to provide care for persons with disabilities. The use of force would continue to be limited to absolute necessary cases and could never replace social pedagogical efforts.
The Minister for Digitisation and Equality launched a political agreement on digital inclusion in 2023, which allocated more resources towards the education of volunteers helping citizens to use public digital solutions. Also, direct phone support of the citizens was strengthened. However, not all were able to use the digital services and needed alternatives. In 2023, a new Act was passed ensuring a simpler process for citizens to be exempted from digital communication with public authorities.
Based on European Union legislation, the Danish Government had also adopted a national implementation plan to eliminate identified barriers for accessibility in the railway system. A figure of 650 million Danish kroner had been allocated to improving accessibility in the State railway by 2035 through measures, including adjusting platforms and establishing elevators. The political parties behind the agreement had already decided on several accessibility preconstruction studies and projects to construct.
The Ministry of Children and Education had established the “VIBUS” Knowledge Unit for children and young people with special needs. VIBUS' main tasks included conducting surveys as well as mapping and uncovering existing efforts for children and young people with special needs. VIBUS would also disseminate existing knowledge, and prepare concrete tools and initiatives targeting teachers and educators. Through this work, VIBUS would identify challenges for better support from the State, municipalities and schools.
Since the submission of the report, there had been a steady increase in the employment rate among persons with disabilities, reflecting developments in the labour market. The employment gap between persons with and without disabilities had shrunk from 29 per cent in 2020 to 26 per cent in 2022. To further close this gap, the Danish Government was expanding individual placement and support to help individuals with mental health difficulties find employment, as one in four individuals aged 16 to 64 reported having disabilities, with mental disabilities being the most prevalent.
Denmark had also developed a 10-year action plan for improving psychiatric care, aiming to transform mental health services. The plan included ambitious political goals to reduce coercive measures by 2030, with the National Board of Health exploring less intrusive measures and seeking knowledge from other countries.
Despite progress, Denmark was aware that challenges remained. It was committed to fostering an inclusive society where the rights of all individuals were respected and upheld. It would continue to address issues such as the need of simplification of the legislation concerning the rights to disability provisions to prevent errors in case processing. It was aware of the need to focus on the use of compulsory restraints, restraint and forced medication, with a special focus on children and youth. Denmark remained committed to the full implementation of the Convention.
HEIDI LINDHOLM, Permanent Secretary, Ministry for Children and Youth, Greenland Self Rule, said the population of Greenland had the right to self-determination. In 2009, Greenland gained self-rule, which allowed it to make decisions on its competencies. It was striving to implement the Convention and provide coordinated and holistic support to persons with disabilities. This year, to improve the rights of persons with disabilities, the Greenland Parliament passed an act on equality and anti-discrimination, which included the establishment of an anti-discrimination board. Another act had been passed to improve protections of persons with disabilities’ privacy. A national disability action plan had been established for the next 10 years. Various stakeholders, including from civil society, had contributed to the plan. Greenland would listen carefully to the recommendations of the Committee and use them to improve the rights of persons with disabilities.
MARGRETHA JACOBSEN, Senior Consultant, Ministry of Foreign Affairs, Trade and Industry of the Faroe Islands, said democracy, human rights and transparency were fundamental pillars in the Faroe Islands. The Parliament of the Faroe Islands had ratified seven United Nations human rights treaties, and it worked to ensure that human rights were an essential part of all laws, policies and action plans. Various initiatives had been implemented to improve the welfare of persons with disabilities in society, including the Parliamentary act on inclusion in social services. Another act would come into force in 2025 to establish the Disability Ombud. The Government abided by the principle that all persons with disabilities should live on an equal footing with other citizens. An ambitious children’s act was being developed that aimed to promote the inclusion of all children. Digital connectiveness had improved significantly, but there was still work to be done in this area. The Faroe Islands had accepted the recommendation to establish a human rights monitoring mechanism. It was eager to see whether the new mechanism would help to further strengthen the rights of persons with disabilities.
Statement by the National Human Rights Institute
PERNILLE BOYE KOCH, National Director of the Danish Institute for Human Rights, said that even though some legislative progress had been made in Denmark over the last decade regarding anti-discrimination and the rights of persons with disabilities, living conditions for persons with disabilities had remained the same or significantly worsened in almost all areas of society, such as education, health services and accessibility. Denmark lacked a comprehensive national action plan for persons with disabilities. Although a new action plan was underway, it would only cover the labour market and education. Critical areas such as health and transportation would not be included. Denmark should adopt a comprehensive action plan with concrete goals for implementing the Convention in all areas of society.
Denmark had failed to reduce the widespread use of coercion in psychiatric institutions. This was despite persistent criticism not only from patients, but also from professionals, and human rights organizations. Around 23 per cent of psychiatric patients were subjected to coercion. Denmark needed to phase out unnecessary coercion by increasing staff and focusing on prevention and patient rights.
There was also a trend towards increased institutionalisation of persons with disabilities. Denmark had relaxed the legal conditions for relocating persons with disabilities to residential facilities without their consent. Denmark needed to ensure that persons with disabilities were not obliged to live in a particular living arrangement due to their need for personal assistance.
A draft action plan on the implementation of the Convention was submitted for public consultation in Greenland in 2023. Despite its intentions, the plan lacked clarity. The Government of Greenland needed to specify the relevant initiatives, methods, frameworks and timeframes, and report quarterly on its implementation. Greenland’s Parliament had adopted a general anti-discrimination law in May 2024. The law did not include specific protections for persons with disabilities. The Government needed to ensure that the law explicitly included protection for persons with disabilities when implemented.
Persons with disabilities in Greenland often moved to Denmark due to lacking support infrastructure, where they met with similar struggles, with added discrimination on account of their indigeneity, and further suffered from a lack of family support. The Government of Greenland needed to address this directly in the national action plan with specific and realistic solutions.
Questions by Committee Experts
ROSEMARY KAYESS, Committee Expert and Member of the Country Taskforce for Denmark, said the dialogue would be guided by article one of the Convention, which promoted equal rights for persons with disabilities. Denmark was a wealthy State with strong democratic structures and extensive social safety nets for persons with disabilities. The country ranked consistently highly in indexes of development and citizens’ happiness. The dialogue would assess the pervasiveness of ablism in Denmark and examine processes and systems in place to implement the Convention in Denmark, Greenland and the Faroe Islands. It would assess whether persons with disabilities could maintain their personal autonomy and realise their own happiness.
MARKUS SCHEFER, Committee Expert and Member of the Country Taskforce for Denmark, welcomed that there was a large delegation participating in the dialogue, with representatives from all three administrations of the State party. In 2014, the Committee recommended incorporating the Convention in domestic legislation in Denmark. That had not happened. There was great reluctance by courts to take the Convention into account. Would the State party consider incorporating the Convention into domestic law? Legislation in Greenland also did not fully incorporate the Convention, nor did that of the Faroe Islands. Would the three countries consider incorporating the Convention into domestic laws?
The 2018 law against discrimination of persons with disabilities did not contain a provision related to reasonable accommodation. The Convention stipulated that failure to provide reasonable accommodation was a form of discrimination. Greenland’s act on equality and discrimination of 2024 also did not entail reasonable accommodation. Were there measures underway to remedy this? There was no cross-cutting legislation pertaining to the implementation of the Convention in the Faroe Islands. There had only been one complaint of discrimination of persons with disabilities in the Faroe Islands in 13 years. What were the Faroe Islands’ plans to devise legislation to implement the Convention?
Did the three countries have legally entrenched mechanisms to involve organizations of persons with disabilities in legislative processes pertaining to persons with disabilities from an early stage? Impact assessments could not replace early-stage discussions.
There seemed to be retrogression in Denmark in recent years. There had been an increase in institutions, declines in vocational education, increases in the use of coercive measures, recessions in accessibility of housing and public transport, and an increase in discrimination against persons with disabilities. What was the Government doing to reverse these trends? Was there a similar situation in the Faroe Islands and Greenland?
What was the Danish Government’s position on disability action plans? The 2023 action plan was based on a political agreement on reducing cost. This added to suspicions that there was retrogression. How would the Government ensure that action plans did not aim to reduce cost but rather strengthen the rights of persons with disabilities. The Faroe Islands did not have an action plan, while Greenland had a new action plan, which contained timid, vague steps with no timeframe. What was this action plan supposed to accomplish?
In 2014, the Committee had expressed concerns that the Danish act for gender equality did not address women and girls with disabilities, and there were no measures supporting their access to education and employment. In Greenland, there was a lack of data on women and girls with disabilities, but reports indicated that they lacked access to employment and education. How was the Government addressing these issues? In the Faroe Islands, the action plan on sexual violence did not address women and girls with disabilities. Were there movements underway to give the rights of women and girls with disabilities higher priority?
In the 2024 Danish children’s act, children with disabilities were not considered parties. Why was this? Children with cochlear implants were reportedly not receiving training in sign language. Were there plans to change this? In the Faroe Islands, work was underway to develop a children’s act, but organizations of persons with disabilities had had limited participation in this process. Would this change? Was there any structured way of guaranteeing the rights of children with disabilities in Greenland, including measures addressing loneliness among children with disabilities?
There was no action plan or strategy to develop and ensure accessibility in Denmark. There were technical rules on accessibility for the rail service, but these did not guarantee autonomous use. Would the State party develop rules on autonomous use? There were reports that the use of buses by persons with disabilities had dropped. Five out of six public transport companies reportedly refused to help persons with disabilities to ride buses. How was the State party addressing this? What efforts were underway to retrofit buildings? In Greenland, accessibility of buildings reportedly remained a large barrier for persons with disabilities and digital solutions were not always accessible. There was reportedly a lack of knowledge about accessibility in the Faroe Islands. What accessibility efforts were in place?
Responses by the Delegation
The delegation said the Convention was considered as a relevant source of law by the courts and was invoked in Denmark’s courts. Denmark’s choice not to incorporate the Convention was made to not require interpretation of the Convention in a single law. Greenland’s Parliament had incorporated elements of the Convention in several acts. In the Faroe Islands, legislation had been developed to ensure that the Convention was not contravened. Legislation needed to stipulate duties and rights. Statements of objectives that did not specify rights or duties should not be included in legislative texts.
Various provisions had been established in healthcare to promote reasonable treatment for persons with disabilities. There was no direct reference to reasonable accommodation in law, except regarding schools and education. The board of equal treatment had conducted an evaluation of legislation on reasonable accommodation and would publish its findings soon. In Greenland, the act on equality and discrimination did not replace other legislation which addressed reasonable accommodation. In the Faroe Islands, there was no action plan to prevent discrimination of persons with disabilities. There was a need to conduct a campaign to increase public knowledge of anti-discrimination legislation.
When drafting legislation, the Government ensured that it conformed to international human rights legislation, including the Convention. Organizations of persons with disabilities were consulted when ensuring that legislation complied with Denmark’s human rights obligations. The Danish Institute on Human Rights performed monitoring and research functions to identify challenges in human rights, and contributed to discussions on policy. Ministries held regular discussions with organizations of persons with disabilities on proposed policies. The Danish Disability Council advised the Government on topics related to disability. Municipal boards were required to appoint local disability councils.
Greenland involved stakeholders and non-governmental organizations very early in the process of developing legislation and action plans. In the Faroe Islands, all legislation needed to be subjected to reviews considering how they would impact persons with disabilities, and which organizations of persons with disabilities participated in them. Organizations of persons with disabilities were involved in the drafting of several laws related to disability.
Greenland had not seen the same regression as had been seen in Denmark. Greenland was trying to expand all services for persons with disabilities. The Faroe Islands did not have a social research institute that could provide data on regression. However, the Government was continuing to expand social services for persons with disabilities.
The costs of the social services sector had increased in recent years. Municipalities’ economies had been increased but citizens’ access to services had not. Thus, the Government had restructured services to increase access for citizens. Regulations had been implemented to reduce administrative costs for persons with disabilities. A forum had been established to facilitate dialogue for persons with disabilities in this regard. The main purpose of the current action plan was to facilitate access to employment and social services for persons with disabilities. In the Faroe Islands, processes to develop a disability action plan had not come through in 2021. However, the Government had a goal to develop such an action plan. Several action plans currently underway included goals to improve living conditions for persons with disabilities. Every second year, a report on progress on implementing the action plan in Greenland would be developed in consultation with organizations of persons with disabilities.
There were no organizations of persons with disabilities exclusively representing women and girls with disabilities in Denmark, but organizations of persons with disabilities did defend their rights. The Government offered persons with disabilities several services to offset their disabilities, ensuring equal access regardless of gender.
In Greenland, the new act on support for persons with disabilities would include a paragraph on mandatory digitisation of case processing, which would inform support policies for persons with disabilities. The Institute for Public Health performed a population survey every four years, and in the upcoming survey this year, a question on disability would be included to increase data on disability. A survey on disability among school children would also be carried out. Greenland looked forward to collecting this data.
There was a need to bolster statistics on violence against women and girls with disabilities in the Faroe Islands and efforts towards this aim were underway.
Children’s rights were strengthened under the children’s act in Denmark, including through party rights, which allowed them to protest decisions related to them. Party rights applied to children with disabilities in some circumstances, but not in circumstances where they were not mentally able to exercise those rights. Funding had been provided to institutions to support the provision of sign language to all children who needed it.
In the Faroe Islands, the Government was working to provide support to all children in need. One element of this work was drafting the children’s act. The Government had not begun work on drafting this act yet, which was why it had not consulted with organizations of persons with disabilities regarding the act. When work on the act commenced, organizations of persons with disabilities would be consulted. In Greenland, there was an early detection initiative in place to identify disabilities from an early age. Greenland also had a hotline and a website children could use to seek help and chat with other children.
Denmark had adopted a national implementation plan to remove barriers to accessibility in the railway system. The plan included requirements for elevators and step-free routes when renovating railway stations. Bus drivers were not allowed to leave their seats to help persons with disabilities to get on and off buses due to safety considerations. The number of buses with electric ramps had increased. Persons with disabilities could also bring along attendants at reduced tariffs to help them get on and off buses. The building act sought to improve the accessibility of buildings in new constructions and the renovation of buildings.
Questions by Committee Experts
One Committee Expert said there were 243 children in institutions who had been affected by coercive measures. Forced entry into institutions for children under 15 was not considered to be coercion by the State party. What measures were in place to reduce coercive measures and amend legislation to ensure children under 15 could enjoy due process?
Another Committee Expert asked about support and compensation received by women with disabilities in Denmark. How was the State party mainstreaming gender and disability in all policies and legislation? How were the voices of women and girls with disabilities included in decision making? How was the State party addressing multiple and intersecting forms of discrimination against women and girls with disabilities and promoting their empowerment?
A Committee Expert welcomed that organizations of persons with disabilities in Denmark had been assisting organizations of persons with disabilities in East Africa. Why were disability benefits withdrawn when persons with disabilities reached pension age?
Another Committee Expert asked about measures to promote the participation of children with disabilities in decision making.
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Member of the Country Taskforce for Denmark, cited a case where a person with disabilities had been forced to travel from Greenland to Denmark to access necessary services, and had faced discrimination in Denmark. How was the State party addressing this issue? When did the State party plan to make Braille an official language and give all blind children the opportunity to learn and use Braille?
One Committee Expert asked about research and development that had been pursued regarding mobility devices. What percentage of persons with disabilities had access to information and communications technology?
Another Committee Expert asked about the extent to which media organs were involved in promoting the rights of persons with disabilities, and the extent to which persons with disabilities were involved in monitoring the accessibility of facilities and services.
MARKUS SCHEFER, Committee Expert and Member of the Country Taskforce for Denmark, said the Danish Centre for Social Science Research had not received funding this year to conduct its quadrennial survey. Why was this? Was the Faroe Islands planning to apply for “A” status for its national human rights institute? How would persons with disabilities be involved in its monitoring activities?
Responses by the Delegation
The delegation said Denmark was determined to reduce the use of coercive measures. The number of adults subjected to coercion was roughly the same as that of 10 years ago. Measures had been implemented to strengthen psychiatric care and reduce the use of coercion. An amendment to the mental health act had been implemented to allow patients under the age of 15 to reject psychiatric treatment regardless of their parents’ wishes and to complain to a psychiatric complaints board. All cases of use of coercive measures needed to be registered. There had been a decrease in the use of coercive measures against minor psychiatric patients from 2019 to 2023.
Municipalities made individual assessments when determining which services persons with disabilities were entitled to. Services provided to women were the same as those provided to men. Personal assistants and cash benefits were provided to women and girls with disabilities. There was an organization of young persons with disabilities.
Municipal councils offered guided assistance to certain persons with disabilities under the retirement act. Persons who were entitled to guided assistance before retirement age remained entitled to it after retirement age. Other support services were also available for persons with disabilities of retirement age.
The opinions of children needed to be considered in all decisions involving them. Child-friendly methods were used to obtain testimony from children. Disability was always considered when organising these measures.
The Danish Braille Board had been set up to develop the use of Braille language in the State.
The Government of Greenland attempted to service all persons with disabilities with the expertise and support available domestically, but there were cases where persons chose to move to Denmark to access services. The Government could not comment on specific cases in this regard.
The Danish Disability Council was informing the public about the rights of persons with disabilities and how they contributed to society. It had produced a podcast series on disability and was developing campaigns to address myths and misunderstandings about disability. Organizations of persons with disabilities met to discuss accessibility issues in the railway system, and other service providers were also obligated to involve such organizations in reviews of accessibility.
The Government was seeking to secure funding to allow for the Danish Centre for Social Science Research to conduct a survey in the coming years. The Faroe Islands was in the first stages of establishing a monitoring mechanism. It had not decided whether it would apply for accreditation by the Global Alliance of National Human Rights Institutions. The Disability Ombud needed to consult with organizations of persons with disabilities regularly.
Questions by Committee Experts
MARKUS SCHEFER, Committee Expert and Member of the Country Taskforce for Denmark, said he appreciated the delegation’s attempts to honestly answer the Committee’s questions. Persons with disabilities living in institutions had a lower life expectancy of about 20 years compared with other citizens. What measures were in place to provide the necessary care to prevent early deaths?
What measures were in place to implement the Disability Inclusion Charter and ensure the safety of persons with disabilities in situations of risk and humanitarian emergencies? How were these measures coordinated across the Kingdom?
Denmark had amended legislation to provide partial recognition of the legal capacity of persons with disabilities, allowing some persons with disabilities the right to vote. However, the amendment was reportedly not being implemented in Greenland and the Faroe Islands and the substitute decision making system remained in place. What measures were in place to establish supported decision making systems? There was limited training within the justice system regarding the rights of persons with disabilities. What measures would the State party take to address this issue?
People interned in Greenland in a criminal proceeding could be placed in institutions in Denmark, where they could not be visited by family and friends. How was the State party addressing this form of isolation?
Responses by the Delegation
The delegation said the Government was aware of inequalities in health and life expectancy. People suffering from mental health issues had a lower life expectancy. The Government hoped that new measures being implemented to improve psychiatric care would improve life expectancy. Many persons in residential homes lived longer lives than expected in Greenland, but there was no data on this. Persons with disabilities in the Faroe Islands were entitled to free of charge health services, but there was a lack of data on living conditions.
Denmark was committed to involving persons with disabilities in the design of disaster strategies and supporting them in crisis situations. The Danish Emergency Management Board coordinated responses to crises. Each municipality was required to have a disaster preparedness plan. Authorities cooperated with organizations of persons with disabilities, which informed members of initiatives such as tests of warning systems.
Guardianship needed to be based on the principle of proportionality. Decisions on full deprivation of legal capacity were only made if partial removal of legal capacity was not considered to be sufficient to protect the person involved. The amendment to legislation on legal capacity aimed to narrow the group of persons who could not vote in elections. Persons fully deprived of legal capacity could vote in local and regional elections, but not in elections for Parliament. The municipal election act was amended in 2020 to grant persons without legal capacity the right to vote in elections in the Faroe Islands. As of May 2024, 50 persons under guardianship were registered to vote in the Faroe Islands. Greenland had not yet decided whether to grant voting rights to persons under guardianship.
Guardians needed to consult persons under guardianship before making decisions on important matters. Denmark was not considering replacing substitute decision making with supported decision making. The Faroe Islands promoted assisted decision making.
The State party was working to ensure that persons with disabilities had access to justice on an equal basis with others. Sign language interpreters were provided to persons who needed them in court. Victims with disabilities had the right to free legal advocates in certain cases. All courts could be contacted in advance to request various accessibility measures for persons with disabilities.
Danish Governments had invested significant funds in improving psychiatric care since 2020. In 2024, the Government planned to negotiate an agreement to improve capacity in the psychiatric field to the year 2030 and address the use of force. The Government was determined to reduce the use of coercive measures by 30 per cent by 2030. A new model for monitoring the use of coercive measures would be developed.
Greenland was aware of the problem of isolation and was working to establish residential homes for detained persons with disabilities. The lack of skilled persons who spoke Greenlandic was a challenge in this regard. In the Faroe Islands, an act regulating the use of coercion was in place. Annual statistics were collected on the use of coercive measures in the Faroe Islands.
The Faroe Islands had made major improvements in the provision of accessible digital services since 2020. Close to 90 per cent of eligible users were registered with the accessible Government digital services platform. Power of attorney functionality was offered on the platform on an optional basis. The Faroe Islands was working to ensure that public and private sector websites complied with accessibility standards.
In Greenland, the public disability centre was developing accessible applications in Greenlandic. The Government of Greenland had established a network to review building projects to ensure accessibility and universal building design. Courses in universal building design were provided to urban planners. Renovation of existing buildings and newly constructed buildings needed to comply with accessibility standards.
Questions by Committee Experts
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Member of the Country Taskforce for Denmark, said there was systematic abuse of persons with disabilities by police officers, particularly of persons with psychosocial disabilities. There were also reports that the complaints of persons with disabilities in this regard were not being taken seriously. How many complaints had been received and what follow-up had been conducted? What oversight mechanisms existed in the Faroe Islands and Greenland to monitor coercion and abuse of persons with disabilities in detention? Draft legislation had proposed allowing solitary confinement of persons with disabilities in institutions for up to 10 hours. This was too long.
What measures were in place to address high levels of violence against persons with disabilities, especially women and girls with disabilities? How was the State party including women and girls with disabilities in developing policies on gender-based violence and domestic violence? Was there a training programme for public officials addressing violence against women and girls?
There were reports that intersex minors had been subjected to sterilisation procedures and abortions without their consent. Had measures been adopted to prohibit these practices?
Responses by the Delegation
The delegation said the use of force by the Danish police was regulated by the police act, which stipulated that force could only be used when it was necessary, and only as gently as possible. Police would soon be able to use stun guns to restrain violent persons, as a replacement of firearms. The Danish Police Complaints Authority received and investigated complaints related to police conduct and could issue sanctions. The Faroe Islands had an appeals board and an Ombudsman that received complaints related to police conduct. The Danish police act applied to Greenland. A police case management system was being rolled out in Greenland to improve data on police conduct.
Denmark worked to align policies and practices with the Convention and not to retrogress. Patients in psychiatric institutions had the right to make decisions about receiving treatment. Staff at these institutions received training that aimed to prevent the use of coercion. Persons subjected to such treatment could lodge complaints with the psychiatric appeals board, which published an annual report on its decisions. The Danish Parliamentary Ombudsman also provided oversight of coercive treatment. Data on the use of coercion was made public twice a year. The proposal to allow for solitary confinement for up to 10 hours had been rejected.
Persons living in residential accommodation were more likely to become victims of sexual assault. A project was in place to prevent sexual violence in residential settings and information was provided by the Government on how institutions should react to complaints of sexual violence. Persons with disabilities who had experienced sexual violence could seek counselling from non-governmental organizations, the activities of which were subsidised by the Government. Courts could withdraw the working right of staff who committed sexual violence. In 2013, the Government allocated over 260 million kroner to strengthen protections for children in institutions. Children’s houses were used to protect children from abuse. There were children’s houses in each of the five regions of Denmark.
Cosmetic surgery on children was illegal in Denmark. Surgery on children’s genitals was rare and never conducted to decide the sex of the child. Guidelines on such surgeries were reviewed on a regular basis. Requests for abortions and sterilisation needed to be made by the patients themselves, or by both the patient involved and a guardian in the case of guardianship. Enforced abortions were not allowed in Greenland.
Questions by Committee Experts
One Committee Expert expressed concern that the State party did not have plans to promote supported decision making. What processes had the State party gone through to reach this decision? The statement that some persons with disabilities were unable to make decisions about important matters involving them was counter to the Convention. What was the State party’s position on involuntary adoption?
Another Committee Expert asked why the State party planned to only reduce coercion by 30 per cent and why 40 per cent of rulings regarding involuntary treatment were indefinite in length.
A Committee Expert asked about measures being taken to develop a strategy on disability inclusion. What efforts had been made to mainstream disability perspectives in the national action plan on women, peace and security?
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Member of the Country Taskforce for Denmark, asked how the State party systematically identified refugees and asylum seekers with disabilities. How did the State party ensure that such persons had access to all State services for persons with disabilities? What steps had been taken to promote deinstitutionalisation in Denmark, Greenland and the Faroe Islands and support independent living in the community?
GERTRUDE OFORIWA FEFOAME, Committee Chairperson, asked when the State party would institute a supported decision making mechanism that was compliant with the Convention.
A Committee Expert asked about the number of persons with disabilities held in holding centres for asylum seekers.
One Committee Expert asked about the number of persons with disabilities involved in training officials in disaster response measures.
Responses by the Delegation
The delegation said guardians needed to consult with persons with disabilities before making decisions affecting them. Decisions on full deprivation of legal capacity could only be made by a court of law and needed to be limited to certain affairs, to give the person involved the protection they needed. Adoption without consent was only permitted when it was in the best interests of the child.
The State party would take several initiatives to reduce the use of coercion, but completely ceasing coercive measures would lead to a deterioration in the quality of life of persons in institutions.
Persons with disabilities were addressed in Denmark’s development and humanitarian strategy 2022-2025. Denmark’s development policies were based on the policy of inclusion, and targeted the most vulnerable in development cooperation, including persons with disabilities.
All applicants for asylum were offered a health screening upon reception and provided with information about disability support services available to them. Case officers paid attention to potential disabilities. Officers were trained on trauma and conducting interviews in a comfortable manner, including for children. Refugees received the same services as citizens in the Faroe Islands.
Persons with disabilities needed to have to option to receive high-quality care in their own homes. Housing units for persons with disabilities had their own bedroom, bathroom and kitchen. Greenland’s act on support for persons with disabilities included legal provisions on access to apartments and housing for persons with disabilities, ensuring that the individual needs of the person involved could be met. In the Faroe Islands, persons with disabilities were consulted during project design phases for housing units. Social services were offered based on individual needs to promote a high quality of life.
Police were trained in exercising authority while treating citizens with dignity, and in communicating in a comprehensible way for persons with disabilities. Students in police academies were trained by academics, psychologists, lawyers and police officers.
Questions by Committee Experts
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Member of the Country Taskforce for Denmark, asked about measures to promote access to devices adapted to the needs of persons with disabilities. Persons with disabilities lacked access to information in places such as hospitals and banks. What measures were in place to support access to relevant, timely information for persons with disabilities? What plans were in place to support access to information for persons with disabilities in the Faroe Islands and Greenland?
The privacy of persons with psychosocial disabilities was reportedly not being respected in institutions and other areas. What progress had been made in amending the act on the use of coercion in psychiatry to address this?
There was a lack of support for parents of children with disabilities, many of whom were forced to put their children up for adoption. How did the State party assess parents’ ability to care for their children? Why did disability benefits for parents stop once the child reached 18?
Some students with disabilities were being excluded from certain subjects. What measures had the State party taken to promote universal and inclusive learning? There had been a decrease in the percentage of persons with disabilities who went on to higher education. How was the State party promoting access to higher education for students with disabilities and training teachers on including students with disabilities in mainstream schools? Could parents lodge complaints if they did not agree with their children’s placement in certain special schools?
What initiatives were in place to strengthen the provision of assistive devices tailored to the needs of recipients? Persons with psychosocial disabilities had a life expectancy that was 50 per cent lower than the rest of the population. What was the State party doing to make health centres accessible? There was a large waiting list for hearing aids. Some people had to wait for a year to obtain them. How would the State party address this waiting list? In the Faroe Islands, persons with disabilities were at an advanced stage of illness when diagnosed. How would the State party address this? Specialised doctors only visited the Islands twice a year.
How many men and women worked in flexible working conditions? How was the State breaking down stereotypes related to persons with disabilities in the workplace? How many individuals received social security benefits? How did the State party ensure that persons with disabilities were not poor?
Responses by the Delegation
The delegation said the Government provided help to persons with disabilities to access suitable assistive devices. It was possible to complain to the disability advisory board if the devices provided were not suitable. In the Faroe Islands, communication assistance was provided by the Government in settings such as day care and residential care. A communication development centre had been established to support adults with speech and other communication issues. A language technology centre had also been set up to support persons with communication limitations. In June 2024, Faroese language became available on Google Translate, helping persons with dyslexia and hearing impairments to communicate. A Faroese sign language dictionary had been developed and was being improved.
Denmark would initiate a new revision of the act on guardianship that would provide the ability to change guardians. Immigration services assessed accommodation facilities for asylum seekers to ensure that they met accessibility standards.
Municipalities needed to assess when parents of children with disabilities needed support. The child’s act provided for substitute and respite services for parents of children with disabilities. Persons over 18 with disabilities could receive many of the same benefits as children with disabilities, as well as citizen-controlled personal assistance. The Faroe Islands had a project in place supporting families with children with autism. The Government planned to expand this model to encompass all families with children with disabilities.
Persons with disabilities needed to be guaranteed the same access to education and life-long learning as others. Several initiatives had been taken over the reporting period towards this goal. January 2024 legislation allowed for flexible school starting times for children with disabilities. University students with disabilities could receive assistive devices and study grants so that they did not need to work while studying. Parents could complain about municipalities’ decisions related to special education referrals with an education appeals board. Upper secondary schools offered inclusive classes for children with disabilities. Students with disabilities had the ability to access special vocational education. There had been a 40 per cent increase in recipients of this education from 2019 to 2022.
Greenland had a plan of action to promote personalised education pathways for children with disabilities. The Government was working to make higher education more accessible. A dyslexia screening programme was being rolled out to ensure early detection and appropriate interventions for children with dyslexia, and a learning application to support these children had been developed. The Faroe Islands’ legislation did not mention an inclusion policy as students were not traditionally sorted into special schools. The Government was working to update the national school act to promote inclusion in education and to train staff to provide education suited to the needs of students with disabilities. A working group had reviewed the act and made recommendations for improvement, many of which had been adopted.
Persons with disabilities were covered by general employment measures. Municipalities in Denmark offered services and benefits to help persons with disabilities find and maintain jobs. Personal assistants were provided to aid persons in need in workplaces. Various accommodation measures were provided by workplaces. Municipalities also provided rehabilitation programmes to enhance individuals’ functional capacities to allow them to participate in daily activities.
Many factors influenced life expectancy, including mental illness. New initiatives that were being implemented as part of the 10-year action plan on psychiatric health aimed to help children and young people to receive support and prevent suicide. There were national screening programmes in place for various forms of cancer, but persons with disabilities made less use of these programmes. There were initiatives to increase access to screening programmes for persons with disabilities.
Costs for publicly provided hearing aids were covered by the general health system. Special subsidies were provided to purchase hearing aids from private sources. A programme was in place to address the waiting line for Government hearing aids.
In the Faroe Islands, the Ministry of Health was working on a plan to provide more health services for persons with disabilities in the local environment. Several measures were being taken to address growing demand for services for persons with attention-deficit/hyperactivity disorder and dementia. The Faroe Islands had a department that provided assistive devices to persons with disabilities to help them participate in the workforce. Financial support was provided to cover the costs of hearing aids. In Greenland, persons with disabilities had the same access to health services as others. There were challenges with recruiting and maintaining staff in the health sector. A secretariat had been established to bolster the recruitment process. Services were provided by hospitals, municipalities and the national disability centre to promote training and rehabilitation of persons with disabilities.
The proportion of persons with disabilities in the workforce had increased. Women were overrepresented among unemployed persons with disabilities, at 60 per cent of unemployed persons. Denmark had introduced measures to combat prejudice in the workplace against persons with disabilities. An annual disability policy summit was held to raise awareness about the employment situation for persons with disabilities. In 2020, a “competency card” system was developed to help persons with disabilities to showcase their abilities and work experience.
Questions by Committee Experts
A Committee Expert asked how the State party tracked the intersectional impact of disability. There did not seem to be many measures to track and address intersectional barriers faced by persons with disabilities.
GERTRUDE OFORIWA FEFOAME, Committee Chairperson, said persons wishing to learn sign language needed to pay to receive this training. Would the State party consider funding this training? How was the State party promoting sign language? Parents did not have a free choice of schools that their children could attend. How would the State party address this restriction? How would the State party provide sufficient resources to national human rights institutes in Denmark, Greenland and the Faroe Islands to allow them to effectively carry out their mandate?
Another Committee Expert asked what happened with parents’ complaints against medical boards regarding custody decisions regarding children with Down syndrome. Were children with cochlear implants prevented from learning sign language?
One Committee Expert asked about the situation of sheltered workshops and measures taken to strengthen self-employment for persons with disabilities. Who financed the adaption of workplaces when persons with disabilities were recruited?
A Committee Expert said the medical model was deeply entrenched in the State party. What measures were in place to train medical professionals in the human rights model of assessing disability? It was shocking that some persons with disabilities were still denied the right to vote. What measures were in place to address this?
One Committee Expert raised the issue of one municipality in Greenland not being aware of the death of two persons with disabilities. What urgent actions had been taken to address this situation? What measures were in place to eliminate discrimination and stigma on the grounds of disability in Greenland?
Another Committee Expert called for information on special education programmes in upper secondary school. How was inclusive education monitored?
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Member of the Country Taskforce for Denmark, asked about measures to ensure that persons under guardianship had the right to vote. How many sporting venues were accessible?
Responses by the Delegation
The delegation said the Ministry of Higher Education and Science had in 2018 conducted a mapping exercise regarding demand for sign language interpreters, which had found a need to train only 10 additional interpreters. Work to train and recruit sign language interpreters was ongoing. Parents could submit complaints about placements in special schools with a dedicated complaints board. Children who needed special education were entitled to attend a school of their choice. Training for sign language interpreters in the Faroe Islands was provided free of charge. There were options for learning sign language in the Faroe Islands through dedicated education programmes. Faroese screen-reading software had also been developed and made available for all students. The National Disability Centre had developed a service allowing for sign language interpretation of online content.
The Danish Institute for Human Rights was appointed as the national human rights institute of both Denmark and Greenland. It monitored implementation of the Convention in these countries. Every year, the Institute received funding subsidies to ensure that it could work independently from the Government. In the current financial year, the Institute would receive 46 million Danish kroner in funding, an increase from last year. The Faroe Islands provided financial support for organizations of persons with disabilities. It did not have a national human rights institute currently, but would establish a Disability Ombud on 1 January 2025. The Government of Greenland was examining a new model to improve funding for non-governmental organizations.
Concluding Remarks
PERNILLE BOYE KOCH, National Director of the Danish Institute for Human Rights, said there was a long road to realising the rights of persons with disabilities in Denmark. The Government had failed to provide answers to the challenges it faced today. The use of coercive measures in psychiatric institutions remained widespread and the Government had not expressed a desire to implement systemic measures to address this use. Denmark needed to take steps to prevent the forced placement of persons with disabilities in residential institutions. Greenland’s action plan on disability was not ambitious enough; it needed to be reviewed. The Institute looked forward to reading the Committee’s concluding observations.
IB PETERSEN, Permanent Representative of Denmark to the United Nations Office at Geneva and head of the delegation, thanked the Committee for the constructive, fruitful dialogue, which aimed to improve the rights of persons with disabilities and the implementation of the Convention in Denmark. The State party would take all the Committee’s comments and recommendations on board. The delegation had presented the progress made and the areas in which challenges remained. The Governments of Denmark, Greenland and the Faroe Islands would continue to work hand in hand to enhance the rights of persons with disabilities. Denmark looked forward to continuing to cooperate with the Committee.
ROSA IDALIA ALDANA SALGUERO, Committee Expert and Member of the Country Taskforce for Denmark, thanked the delegation for the frank dialogue. The Committee had recognised the sound practices implemented in Denmark to promote the rights of persons with disabilities. It had also highlighted shortcomings in the implementation of the Convention, including in the areas of health, non-discrimination and access to justice. Consultations with organizations of persons with disabilities and persons with disabilities needed to be broadened, and action plans and policies needed to be implemented to promote the rights of persons with disabilities and better implement the Convention.
ODELIA FITOUSSI, Committee Vice-Chair, thanked the State party for the dialogue with the Committee, which provided further insight into the situation of persons with disability in Denmark. The Committee commended the State party for its efforts and encouraged it to take all necessary measures to address the various recommendations of the Committee to implement the Convention more comprehensively throughout the territory of the State party for the benefit of all Danish persons with disability.
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CRPD.24.017E
Produced by the United Nations Information Service in Geneva for use of the information media; not an official record.