COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES CONSIDERS INITIAL REPORT OF DENMARK

The Committee on the Rights of Persons with Disabilities today completed its consideration of the initial report of Denmark on its implementation of the provisions of the Conventions on the Rights of Persons with Disabilities.

Presenting the report, Carsten Staur, Permanent Representative of Denmark to the United Nations Office at Geneva, announced that Denmark had just signed the Optional Protocol of the Convention in New York. The Government developed a National Action Plan on Disability, and would carry it out according to the principle of accountability, which meant that when drafting new legislation every ministry had to consider whether it was in accordance with existing human rights obligations. Representatives of the governments of the Faroe Islands and Greenland spoke about the implementation of the Convention, noting that coordination and collaboration between relevant sectors and authorities needed to be improved.

During the discussion, Committee Experts generally praised Denmark’s efforts in implementing the Convention standards. Nevertheless, they identified the following problematic areas: the lack of disability-specific anti-discrimination laws, voting rights for persons under guardianship, forced treatment of persons with disabilities and the use of restraints in the psychiatric system, inclusive education for children with disabilities and formal recognition of the Danish sign language and Braille. The Committee’s concerns were also echoed by a representative of the Danish National Human Rights Institution who took the floor to highlight a lack of coherent policy on disability-based discrimination, and the use of forced treatment in the psychiatric system.

In his concluding remarks, Mr. Staur stressed that there was a general ban on discrimination in Denmark, and that any convention ratified by Denmark was integral part of Danish law, including the Convention. Local levels of services provided to persons with disabilities had to be in line with the national law, he said, also noting that the Government planned to reform the Psychiatric Act to address the use of forced treatment and physical constraints.

The delegation of Denmark consisted of representatives from the Ministry of Children, Gender Equality, Integration and Social Affairs; the Ministry of Health, the Ministry of Climate, Energy and Building, the Ministry of Foreign Affairs, the Ministry of Social Affairs, the Ministry of Education, the Ministry of Employment, the Ministry of Justice, the Ministry of Housing, Urban and Rural Affairs, of the governments of the Faroe Islands and Greenland, and from the Permanent Mission of Denmark to the United Nations Office at Geneva.

The next public meeting of the Committee will be held on the occasion of the closing meeting of the session next Friday, October 3, after which the Committee will make public its concluding observations on the reports considered during the session, namely New Zealand, Mexico, Republic of Korea, Belgium, Ecuador and Denmark. All documentation relating to the Committee can be found on its webpage.

Report

The initial report of Denmark (CRPD/C/DNK/1).

Presentation of the Report

CARSTEN STAUR, Permanent Representative of Denmark to the United Nations Office at Geneva, informed the Committee that a report by an expert committee established to make recommendations on whether a number of human rights instruments should be incorporated into Danish law, including the Convention on the Rights of Persons with Disabilities, and whether Denmark should sign up to more individual complaints procedures before Human Rights Committee and ratify the Twelfth Additional Protocol to the European Convention on Human Rights on the general prohibition of discrimination was published in August 2014 and the Government was now following up on the recommendations. Mr. Staur spoke about the National Action Plan on Disability which focused on five issues. They were coherence in the efforts taken by different ministries and municipalities; education and employment for persons with disabilities; innovation and new technology; increasing knowledge about persons with disabilities; and diverse and inclusive civil society. The Danish National Human Rights Institution had initiated a process to identify statistical outcome indicators to measure implementation of the Convention, in cooperation with the Danish National Centre for Social Research, relevant ministries and non-governmental organizations. Specific areas where persons with disabilities faced challenges in Denmark were: work, accessibility, health and discrimination.

Since 2011, the Government prioritized and launched reforms that aimed to reduce the risk of exclusion and marginalization by retaining people in employment and including more of them in the labour market. One was the reform of disability pension and flexi-jobs for persons with limited working capacity. In line with that reform, an individual had to receive an interdisciplinary effort adapted to and targeted at individual needs. Individuals under the age of 40 would be awarded a resource clarification process rather than disability pension, whereas those with very limited or no existing ability to work would still receive disability pension regardless of age.

Regarding accessibility, Mr. Staur said that when drafting new legislation every Ministry was supposed to consider whether it was in accordance with existing human rights obligations. Insufficient knowledge seemed to have been the main cause of non-compliance with regard to the accessibility of buildings. To that end the Ministry of Climate, Energy and Building had launched two initiatives to ensure a high level of accessibility. In May 2014 the Government launched a long-term action plan for the care of persons with mental disabilities. A draft bill to reform the Psychiatric Act to ensure better rights for psychiatric patients who were subject to detention or coercion was in the pipeline. An anti-discrimination unit was established this year, focusing on discrimination based on ethnicity and disability. Discrimination again persons with disabilities was also covered by the Act on Gender Equality.

SUSIE MARTHIN KJELDSEN, Representative of the Government of Greenland, said that the Act on Self-Governance, which entered into force on 21 June 2009, indicated increased responsibility in the provision of welfare, within which disability was one of the top priorities. There were 1,457 registered persons with disabilities in Greenland. In 2012 Greenland agreed to be legally bound by the Danish ratification of the Convention of the Rights of Persons with Disabilities. However, the implementation of the Convention in Greenland was challenging because of the special characteristics of the local society, such as the size of the territory, its very low population density and scattered population. Nevertheless, the Government of Greenland planned to establish a National Disability Centre in Sisimiut which would serve both persons with disabilities and professionals working in the disability field. The construction of the centre would begin in mid-2015 and it would be completed in early 2017. The Government also planned to deliver a comprehensive disability report in the spring of 2015.

MARGRETHA NONKLETT, Representative of the Government of the Faroe Islands, said the Government of the Faroe Islands had acceded to the Optional Protocol of the Convention. Awareness about disability issues had recently increased among authorities, organizations and the public. An Executive Order about building accessibility had been issued, and in May 2011 a law against disability discrimination in the labour market entered into force. The Government had made provisions to ensure accessibility of secondary education for persons with autism, and to encourage inclusive education generally. Measures had also been taken to ensure timely psychiatric assessment and treatment of children and youth. More progress was needed to ensure the necessary collaboration and coordination between all relevant sectors and authorities, and to do so the Government would launch a new programme called “The Good Process” in January 2015 to ensure that cares were engaged in consultation processes.

Questions and comments by Committee Experts

MARTIN BABU MWESIGWA, Committee Expert Acting as Country Rapporteur for Denmark, welcomed the ratification of the Optional Protocol of the Convention by Denmark and the development of the National Disability Policy Action Plan. He said there was a need for the Action Plan to ensure that it covered all substantive areas of the Convention, and to provide concrete and measurable targets that could be periodically reviewed. He suggested that the Action Plan be guided by a clear and comprehensive concept of inclusion across Danish ministries. He further suggested that the Convention standards be incorporated in the domestic legislation of the Faroe Islands and Greenland. The principle of equality and non-discrimination needed to be dealt with comprehensively. For example, there was no explicit prohibition of discrimination for disability reasons under the Danish law, except under the European Union directive for equal treatment in employment and occupation.

Mr. Mwesigwa raised concerns that new housing units in municipalities could promote segregation rather than inclusion of persons with disabilities in the communities. He expressed concern that the measures promoting inclusive education were rushed and not taking students’ special needs into account. He also noted that persons under extensive guardianship lost the right to vote, which infringed their equal recognition before the law and participation in political and public life. The Government was urged to uphold the principle of supported decision making. Psychiatric treatment and care system for persons with psychosocial disabilities needed to be reformed in accordance with the Convention standards, said Mr. Mwesigwa, also noting that there were no sanctions for those individuals who did not respect accessibility standards. The Faroe Islands and Greenland lacked mechanisms and processes for independent human rights reporting and monitoring, he also said.

Many Committee Experts commended Denmark’s efforts in implementing the Convention. Some enquired whether the National Disability Policy Action Plan would become more tangible, particularly in terms of funding, and asked about the Danish concept of discrimination and how it differed from the Convention standards. The delegation was also asked how disability laws applied in the Faroe Islands and Greenland, and why Denmark did not have a specific disability anti-discrimination law.

Expert asked how the home rule in the Faroe Islands and Greenland would ensure that civil societies were included in disability policy design and monitoring, and about the regulation concerning the denial of reasonable accommodation and appropriate remedies, as well as about training and awareness raising about the design of accessibility standards for professionals. Other questions referred to Denmark’s ratification of the Marrakesh Treaty, recognition of Braille as an official written script, as well as the provision of social services to the victims of sexual and other forms of violence.

Was force was still used in the treatment of institutionalized persons with psychosocial disabilities in Denmark, asked an Expert. The delegation was also asked how Denmark applied the principle of gender equality in its policies, as well as how it took into account the opinion of women and girls with disabilities when preparing its initial report. Experts referred to reports that alleged that women and girls with disabilities in Greenland were subjected to violence related situations. There were also reports that children under the age of 15 in psychiatric facilities had received forced treatment.

Response by the Delegation

The National Disability Policy Action Plan did not cover all areas of disability, a delegate said. However, that did not mean that those other areas were not under consideration but rather that the Government had to prioritize. The objective of the Action Plan was to create visions and goals, in order to create a better basis for the deliberation of disability policies, and secure data systematization. Concrete and measureable targets of the Action Plan were intended for all citizens. The Government would keep track of the implementation through the Ministerial Committee on Disability Issues. The budget for some of the initiatives in the Action Plan amounted to 91 million Danish kroner. Other initiatives would be financed through relevant sector ministries. The Government hosted meetings with relevant civil society representatives of persons with disabilities.

The principle of sector accountability was the key element of the Danish disability policy, and it aimed to ensure that each ministry considered the human rights provisions when drafting new legislation. The local level of services always had to be in line with individual citizen’s needs.

The discussions were ongoing regarding the ratification of the Marrakesh Treaty. There was no formalized recognition of any spoken language in Denmark, thus there was also no recognition of Braille. The recognition of Braille was confined to the production of books and periodicals, confirmed a delegate.

Speaking about anti-discrimination measures, a delegate explained that Denmark did not have a long history of incorporating human rights instruments into national law. However, the Convention was an integral part of the Danish law. The Government-mandated Expert Committee suggested that the Convention standards and human rights instruments be incorporated into Danish law, such as the incorporation of the Twelfth Protocol of the European Convention on Human Rights. It was true that no coherent regulation existed on disability-based anti-discrimination, but current deliberations would assess that situation. In the meantime, the Danish Anti-Discrimination Unit worked to prevent disability-based discrimination cases. For example, the municipality of Copenhagen has introduced a smart-phone application so that individuals could report disability-based discrimination.

The Danish Act on Gender Equality provided the same access to both men and women to file complaints. Figures for the number of women with disabilities subject to violence existed but statistics relating to children were not available. Concerning the forced treatment of children with disabilities, the Danish Psychiatric Act stated that children of age 15 or older could give their consent to any treatment. For those under the age of 15 parents or custodians gave consent for treatment.

The Government said that accessibility standards were an important part of Danish building regulations. In 2010 building regulations were amended accordingly in order to reach a high level of accessibility. Nevertheless, studies showed that those regulations were often not followed in new buildings. To that end the Government launched two initiatives to remedy the problem. One of the initiatives aimed to inform partners in the construction industry about relevant accessibility regulations, while the other one analysed the building regulations.

The Government of Greenland faced infrastructural barriers in the implementation of the Convention standards due to the lack of roads connecting towns. Greenland took all the responsibility to enact relevant regulations, and would make its own disability action plan. More representative organizations for persons with disabilities were established in recent years, including the Greenlandic Council on Human Rights. A special unit within the Ministry of Family and Justice also worked on creating relevant civil society representation for persons with disabilities.

Women with disabilities were indeed more often subject to violence in Greenland so the Government adopted a relevant action plan in the autumn of 2013. For the moment, the Government did not have plans to adopt specific legislation on disability-based discrimination.

The Faroese authorities had exercised independent legislative and administrative power since the introduction of home rule in 1948. The Faroese Government recognized that services were not sufficiently coordinated among different sectors, and that a disability action plan should be introduced. The process for its drafting would begin shortly. One of the challenges was how to instil a universal policy design approach in such a small country.

Questions by Experts

Experts raised concerns about the rising number of forced psychiatric treatment of persons with disabilities, and asked whether the Government would ban the use of chemical restraint and electric stimulus treatment. They also pointed out to the fact that substituted decision making rather than supported decision making dominated legal provisions concerning legal capacity.

One Expert asked whether persons with mental disabilities were recognized as such, and about provisions for the protection from torture and inhumane treatment of persons with psychosocial disabilities, with respect to the announced change of the Danish Psychiatric Act. Did Denmark have a comprehensive plan at the national level to ensure disability inclusion in any disaster risk management?

The delegation was asked to elaborate on a provision that permitted voluntary sterilization of individuals with mental disabilities aged 18 and over, and what provisions were in place in order to provide damages to such persons. An Expert asked about what proportion of persons with disabilities lived in institutionalized facilities and how many lived independently, and how much money was invested in personal assistance services.

Since 2011, the Government prioritized and launched reforms that aimed to reduce the risk of exclusion and marginalization by retaining people in employment and including more of them in the labour market. One of those was the reform of disability pension and flexi-jobs for persons with limited working capacity. In line with that reform, an individual had to receive an interdisciplinary effort adapted to and targeted at individual needs. Individuals under the age of 40 would be awarded a resource clarification process rather than disability pension, whereas those with very limited or no existing ability to work would still receive disability pension regardless of age.

Response by the Delegation

An Expert explained that there were no specific disability-based anti-discrimination laws because they were regulated through sectoral accountability. Likewise, in the health sector all persons were regarded as patients and provided the kinds of services they needed.

Regarding the Article 12 of the Convention, a delegate from the Ministry of Justice explained that guardianship rules were not targeted against persons with disabilities. They were designed for those persons who did not understand their position and circumstances. Guardianship regulations were tailored to meet the needs of individuals, and to prevent their exploitation. The Government was looking to amending those regulations so that persons under full guardianship would not face any barriers in exercising their voting rights.

On access to justice a delegate said that the Danish Institute for Human Rights started a training programme for the police on the rights of persons with ethnic minority background. Persons with hearing and speech impairments could receive appropriate assistance during the questioning. Persons with disabilities could also invoke international agreements signed by Denmark before courts in Denmark, the Faroe Islands and Greenland, it was confirmed.

Persons who were declared to have been inept when they committed a crime were sentenced to treatment rather than prison. The period of treatment was set between three to five years depending on specific circumstances. In cases of serious crimes, such as murder or robbery, no maximum length of treatment was set. The treatment did not have to be carried in institutionalized setting.

As for forced treatment, legal provisions ensured patients were entitled to freely decide on treatment, based on professional medical assessment. The Danish Psychiatric Act purported that compulsory treatment had to be administered with care and in line with human dignity principles. It could be used only if strict criteria were met, such as insanity or when the patient posed a serious threat to herself or others. The Government was considering recommendations of civil society organizations to amend the Psychiatric Act in order to reduce the use of compulsory treatment and mechanical restraints. To that end the Government also consulted Germany, the United Kingdom, France and Norway.

The Government said there was a lack of knowledge on disability-based discrimination, in the country, and to remedy that it was mapping cases to learn about the sort of discrimination cases, target groups and court rulings. The results of the analysis would be used to prevent discrimination and secure the rights of such groups.

Since 2002 the Government implemented different national action plans to prevent violence against women, including actions that specifically dealt with vulnerable groups, such as women with minority background and women with disabilities. Shelters and accommodation facilities for women were set up so that they respected accessibility standards.

Forced sterilization was prohibited by law. The relevant legislation was changed in September 2014 to regulate the sterilization of persons with mental disabilities, and provisions were made to inform persons about the consequences of sterilization in cases when they wished to undergo such a procedure, informed a delegate.

Regarding concerns that the social housing could create segregation, a delegate explained that persons living in special housing enjoyed the same rights as all other tenants, such as decision making regarding residence issues. In such a way they participated in the life of the community. Each individual had her own dwelling unit so such housing could not be called an institutional dwelling. The Government placed great importance on offering high-quality services based on persons’ needs and wishes, which allowed them to participate in society.

The new system of social services would be authorized within the next two years. Each municipality could determine a local level of provided services, but local levels of services had to comply with the law, informed a delegate. To ensure that local levels were appropriate, the Government established a system of complaints. Municipalities spent 29.5 billion kroner on the provision of personal assistance to persons with disabilities in 2012, which represented an increase of 1.1 per cent since 2011. In addition, the Ministry of Social Affairs would set up a pool of funds to boost activities in the disability area through volunteers.

In Greenland, due to geographic circumstances, it was difficult to provide appropriate services to persons with disabilities and to standardize them, thus they were sent to institutions in Denmark. Civil society in Greenland existed but was not very well developed. In the Faroe Islands, the standardization of services for persons with disabilities was the same as in Greenland, but more independent living was encouraged. The challenge was to provide security of services in spite of local circumstances. Those challenges would be addressed in the drafting of the Faroese Disability Action Plan.

Questions by Experts

Experts welcomed improvements in the recognition of the Danish sign language, and the recent establishment of the Danish Sign Language Council. Nevertheless, they raised concern about insufficient funding for sign language research and studies, and voiced fear that the Danish sign language and Braille were at risk of extinction. They urged the Government to legally recognize Braille.

Experts enquired about the implementation of inclusive education in a way that ensured full accessibility for persons with disabilities, as well as about inclusive day care for children with disabilities. They raised concern that insufficient number of teachers were trained for inclusive education.

Regarding substituted decision making, Experts wondered when the guardianship provisions in Denmark would be changed. They reminded that current guardianship regulations prevented persons with disabilities to exercise their voting rights.

One Expert noted that employment numbers of persons with disabilities seemed to have been falling, and wondered about the results of the reform of the disability pension and flexi-jobs. He noted that persons with disabilities tended to have limited education and thus struggled in the labour market.

Experts also enquired about how persons with disabilities could participate in the planning, monitoring and evaluation of disability-specific international development programmes. The delegation was asked about the status of non-resident, migrants and refugees with disabilities in Denmark, and about potential abuses of legal benefits for persons with disabilities since there was no official definition of disability in Denmark.

An Expert raised the case of an Iranian man with psychosocial disability who had suffered torture, and asked for Danish citizenship but was denied.

One Expert raised concern that the new Psychiatric Act would not ban compulsory treatment and mechanical restraints of persons with psychosocial disabilities, and asked whether civil society was consulted in that regard.

Response by the Delegation

The Ministry of Culture decreed that both national and private broadcasters were obliged to make their programmes accessible to persons with disabilities. Furthermore, some 110 museums were operating in accordance with information accessibility standards.

A delegate from the Ministry of Education said that in 2010 the number of students in segregated setting stood at 6.5 per cent in public compulsory schooling, which was higher than in some other countries usually compared with Denmark.

The Government had made comprehensive efforts to promote inclusive education in public schools, which led to the percentage of student in segregated settings falling to around 5.2 per cent. The question remained whether the remaining students with disabilities in mainstream schools received the right and specialized support, tailored to their needs. A complaints procedure was set up as recourse for those who did not receive proper educational support.

The needs of sign language users in classrooms were observed, and the Government made sure it was an integral part of mainstream education. The Government set in place a range of measures to support and monitor municipalities in the provision of high-quality educational support.

A panel survey was introduced to track the satisfaction of children with the services provided, said a delegate. Some 9,000 students were surveyed in a period of three years. The Danish Government set a goal that 95 per cent of all children and youth should follow at least one education programme per year, and that rate stood at 93 per cent in 2014. It also set as a target that 60 per cent of youth with disabilities completed higher education.

Most deaf and hearing impaired children in Denmark and Greenland were offered appropriate assistance (cochlear implants). In 2015 the Government of Greenland would begin working on a strategy train personnel working with persons with disabilities.

A delegate from the Ministry of Employment said even limited work capacity was valued in the labour market. The Government introduced large scale labour reforms, particularly the reform of the pension and flexible working ‘flexi-jobs’. Some 7,900 small flexi-jobs were created. Employers had to consult local job centres when deciding who to hire.

The Danish rules on assisted voting were in full compliance with the Convention standards. There was no deprivation to vote under guardianship, except by court order. The Government was considering putting forward a bill amending the Danish electoral legislation so that placement under full guardianship no longer constituted a barrier to voting.

It was expected that the Parliament of Greenland would discuss the signing of the Optional Protocol in 2015, informed a delegate. The Committee was also advised that the Faroe Island Government was aware of the pending issue of establishing of an independent monitoring mechanism for the implementation of the Convention.

Concluding Remarks

CARSTEN STAUR, Permanent Representative of Denmark to the United Nations Office at Geneva, acknowledged the insightful comments and constructive criticism of Committee Experts. He stressed that there was a general ban on discrimination in Denmark, and that any convention ratified by Denmark was an integral part of Danish law, including the Convention. As such, the Convention was invoked before and applied by the courts and other authorities. He also underlined that the local levels of services provided to persons with disabilities had to be in line with the national law. Finally, he said that the Government would introduce changes to the Psychiatric Act in order to address the use of forced treatment and physical constraints.

Closing remarks were also offered by a representative of the Danish National Human Rights Institute who raised two key issues: discrimination and long lasting mechanical restraints in the psychiatric system. Denmark had no coherent policy on discrimination, he said, which was the result of a lack of political priority regarding legal protection of persons with disabilities. Speaking of the problem of the use of mechanical restraints in the psychiatric system, he stressed that the use of belt fixations had remained constant for the last 10 years, despite changes to the legislation and goals of reduction. In some cases, fixation lasted for months.


For use of the information media; not an official record

CRPD14/012E