CRPD Committee Review of Denmark 23 and 24 September 2014, 12th session The CRPD Committee conducted the review of Denmark’s initial report and engaged in an interactive dialogue with the Danish delegation on 23 and 24 September 2014. The Danish government delegation was composed of: Head of delegation Carsten Staur, Ambassador and Permanent Representative before United Nations in Geneva Delegation Hanne Stig Andersen, Head of Department, Ministry of Children, Gender Equality, Integration and Social Affairs Tina Gade Jensen, Special Adviser, Ministry of Children, Gender Equality, Integration and Social Affairs Nanna Julie Jorgensen, Head of Section, Ministry of Children, Gender Equality, Integration and Social Affairs Lene Brocker, Special Adviser, Ministry of Children, Gender Equality, Integration and Social Affairs Camilla Christensen, Deputy Head of Department of Human Rights, Ministry of Foreign Affairs Carsten Lykke Graversen, Architect, Ministry of Climate, Energy and Building Dorthe Eberhardt Sondergaard, Deputy Permanent Secretary, Ministry of Health Susanne Beck Petersen, Senior Adviser, Ministry of Health Margretha Nonklett, Adviser, Ministry of Foreign Affairs, Faroe Islands Súsanna Nordendal, Adviser, Ministry of Social Affairs, Faroe Islands Frida Poulsen, Adviser, Ministry of Education, Faroe Islands Mia Monsted, Head of Section, Ministry of Employment Camilla Behrend, Special Adviser, Ministry of Employment Peter Pannula Toft, Head of Department, Ministry of Education Lars Norregaard, Senior Adviser, Ministry of Education Anders Posselt Langhede, Adviser, Ministry of Education Christian Lamhauge Rasmussen, Special Adviser, Ministry of Education Susanne Anthony, Senior Adviser, Ministry of Education Mia Hagen-Seirup, Head of Section, Ministry of Higher Education and Science Susie Marthin Kjeldsen, Permanent Secretary, Ministry of Family and Justice, Greenland Karen Jacobsen Lund, Head of Section, Ministry of Family and Justice, Greenland Asbjorn Fangel Hansen, Head of Section, Ministry of Finance Anna Langskov Lorentzen, Head of Section, Ministry of Transport Michael L. Kristensen, Head of Department, Ministry of Housing, Urban and Rural Affairs Lasse Boje Nielsen, Deputy Head of Department, Ministry of Justice Trine Gromborg, secretary, Danish mission to the UN This summary compilation is provided by the IDA secretariat and is not an official record of the proceedings. The review was webcast live and archived with English audio as well as with Spanish audio and international sign language interpretation. Simon Falk Christensen, Danish mission to the UN Opening remarks Head of Delegation The Danish Government considers this monitoring process crucial and respects the advice of the CRPD Committee for its policy development. It would like to refer to the latest developments related to rights of persons with disabilities. An expert Committee was established in 2012 to examine whether several human rights instruments should be incorporated into Danish Law, including CRPD, and if more human rights obligations should be assumed. Its report was published recently and the Government will consider it. In this sense, Denmark is handing in its accession instrument to the Optional Protocol of the CRPD. Denmark developed the National Action Plan on Disability “A society for all”, that focused on coherence of the efforts undertaken by different agencies, education and employment, innovation and new technology, more knowledge about persons with disabilities and a diverse and inclusive civil society. The Danish Institute for Human Rights, the NHRI, together with other stakeholders, is in process to develop ten indicators to measure CRPD implementation. Since 2011, reforms have been undertaken to reduce the risk of exclusion from employment. For instance, the reform on disability pension and flexi-job that targets people with limited work capacity. Regarding the disability pension, individuals under 40 are awarded a resource clarification process rather than the pension. Those with very limited or no existing capacity to work will be granted the pension regardless of age. Accessibility covers a wide range of fields. Research indicates that the building regulations on accessibility are not consistently followed, probably due to lack of knowledge. Denmark develops two initiatives on accessibility, implemented in close consultation with relevant partners. In May 2014, Denmark launched a long-term plan of action for people with mental disorders. It also increased resources to reduce coercion in psychiatry. A new bill will be introduced to provide better rights for patients of psychiatric institutions. To address discrimination, an anti-discrimination unit has been established this year to focus on disability and ethnicity-based discrimination. It will investigate and present initiatives to prevent and reduce discrimination. Persons with disabilities are covered by the Act on Gender Equality and the complaint mechanism before the Board of Equal Treatment to address gender based discrimination. Susie Marthin Kjeldsen, Representative of the Government of Greenland The Self-governance Act, which entered in force in 2009, does not directly influence disability policy, area under the Greenland Home Rule Government, but provides increased responsibility. Out of the total population of 56295 persons, 1457 are registered as persons with disabilities. In 2012, Greenland approved to be legally bound by the CRPD, whose implementation entails challenges due to the specifics of Greenlandic society and geography. 2 In 2011, the area of disability was designated to the 4 municipalities in Greenland from the Ministry of Family and Justice to enhance the quality of services towards persons with disabilities, designation that is being evaluated. The Government will deliver a comprehensive report on disability in spring 2015, giving raise to beginning reforming disability legislation. Meanwhile, a national disability centre establishment has commenced and funds have been granted. The centre will open in 2017 and provide training, education, courses and counselling. Margretha Nónklett, representative of the Government of the Faroe Islands The Faroe Islands consented to the CRPD at the same time as Denmark, and will be covered by the Optional Protocol when Denmark hands in the accession instrument. Awareness of the CRPD has increased in the last years and improvements have been made. The Executive Order on Accessibility has been amended. The Acts against discrimination in employment due to disability and on employment initiatives entered in force in May 2011. The reform of the Upper Secondary School Act favour steps to ensure an inclusive education system. In addition, recommendations based on Article 24 have been made to the Ministry of Education, which will be implemented in 2015-2016. Waiting lists for assessments and treatments in psychiatric hospitals had been reduced from 2 years and a half to 4 months maximum. Children in urgent need are guaranteed immediate access. The “Good Process” programme is an attempt to strengthen collaboration and to provide a good assessment and treatment for children with autism. The users took part in the consultation process towards this programme that will be implemented in 2015. The Ministry of Social Affairs has been designated national focal point. Efforts are being done to establish a coordination mechanism and existing bodies, such us the Ombudsman, are being considered for the monitoring function. Chair We welcome the announcement related to the Optional Protocol to the Convention on the Rights of Persons with Disabilities and its signature. Martin Babu Mwesigwa, country rapporteur The country rapporteur congratulated the Government of Denmark on the delivery of the instrument of accession to the Optional Protocol to the CRPD. In addition, he congratulated the Government on the development of National Disability Action Plan, adopted in 2013. He referred to sources of his work: the State Initial Report and its Replies to the List of Issues, the DPOs alternative reports and the Danish Institute for Human Rights’ report. He also expressed regret that he could not meet nor communicate with DPOs from Greenland. First, on the National Disability Action Plan, the rapporteur said there is need to ensure that it covers all substantive areas of the CRPD and that it includes targets and indicators that allows for periodical review and assessment of the plan. It is recommended that Denmark come up with a timeframe, an implementation plan for the medium and long term, and budget allocation for it. Furthermore, it should be guided by a clear and comprehensive understanding of the concept of inclusion, and not only in 3 charge of the Ministry of Children, Gender Equality, Integration and Social Affairs, but rather be across ministries and local governments. Second, the rapporteur remarked that it seems that the municipal governments, who managed the budgets, do not considered themselves bound by international conventions. It is hoped that Denmark takes steps to ensure that they do harmonise their legislations and policies with international obligations. The fastest way would be the incorporation of the CRPD in the Danish domestic Law. Third, the rapporteur said that the principle of equality and non-discrimination is another issue of concern. There is no explicit prohibition of disability-based discrimination under Danish law, except for the European Directive on Employment from 2000. This is an issue to address promptly through legislation, as well as the provision of reasonable accommodation. New house units established by municipalities, with central government budgetary support, promotes segregation of persons with disabilities instead of being consistent with Article 19 and allow persons with disabilities to decide where and with to whom to live. The State needs to fade out the existing institutions. On inclusive education, efforts of the Danish government are highly applauded. Yet it is of concern that the measures have been taken too fast and not taken into account skills and attitudes on how to handle learners with special needs. It is also important to establish independent complaint mechanism within education available for children, regardless of the time they spend in instruction, as it is currently the case within Danish law. Persons under guardianship lose the right to vote and are not allowed to choose the person who is their personal assistant, which mandatorily continues to be their parents or guardians. This contradicts CRPD Articles 12 and 29. Another concern is that persons with psychosocial disabilities are subjected to criminal procedures that lead to their forced treatment and deprivation of liberty. The Government of Denmark should with immediate effect stop the use of forced and mechanical constraints. The Danish Psychiatric Act needs to be repealed entirely and a timeframe and the end of forced treatment should be established as soon as possible. In connection with accessibility, though there are obligations to ensure access to the built environment, there are no strong sanctions for non-compliance. Denmark needs to ensure sanctions not only in connection with accessibility to the built environment but also media, transportation and outdoors environments. The Faroe Islands lack mechanisms and processes for monitoring human rights, especially in connection with disabilities. They need to develop a comprehensive Disability Action Plan. In connection with Greenland, it is very important that the government contributes to the development of civil society and disability movement that can enable organisations to participate in processes like this. 4 Questions on Articles 1 to 10 Theresia Degener Please indicate if Denmark is willing to make the National Action Plan more tangible in terms of budget allocation, indicators and timeframes. Re Articles 2 and 5, could the government explain the Danish specific concept of discrimination? Does it differ from disability-based discrimination as enshrined in Article 2 of CRPD? Considering paras 48 to 51 of the State Response to the List of Issues, is the government planning to legislate on discrimination in the area of goods and services provision? Re Articles 6 and 7, could the State provide data on women, children and men with disabilities that have been provided with services for victims of violence under the social service act? Ron McCallum In connection to the political structure of the country, it seems that there is more autonomy in the Faroe Islands than in Greenland. How does is the law actually applied in Greenland and in the Faroe Islands? It is noticeable that Denmark does not have any discrimination act covering persons with disabilities. There is one specific act covering gender discrimination and it is clear that the government set up an anti-discrimination unit. Could the State explain why there is no anti-discrimination act covering disability-based discrimination? Diane Mulligan Re Article 4(3), could the State provide information on the following: a) How the implementation of the Action Plan will relate to planning itself? b) Participation and consultation of persons with disabilities, broken down by age and gender, in the ratification of CRPD and on the design of the action plan Please provide information on the diversity of DPOs in your process of consultation and inclusion and including monitoring by Danish disability Council. Re Article 9, the recognition of sign language is welcomed. Could the state explain what policies exist to promote the use of sign language? Damjan Tatic The expert directed his first question to representatives of Greenland and Faroe. Those are low populated areas: How will Greenland and the Faroe Islands ensure the duty from Article 4.3 (consultation with persons with disabilities and DPOs)? On Article 5, are there any possible plans on adopting non-discrimination legislation including denial of reasonable accommodation as a case of prohibited discrimination? What are the legal remedies available to persons with disabilities victims of discrimination? Is there any statistical data on the use of remedies? Re Article 9, what are the measures to ensure that accessibility standards are enforced? The building code, for ex. is not being applied properly. What would be the consequence of non-compliance with accessibility? Are there any plans of trainings and awareness rising on accessibility and universal design for professionals to address their lack of knowledge? 5 Hyung Shik Kim Paragraphs 9 and 10 of the State Report refer to the principle of sector accountability. The complex political structure might complicate the uniformity of standards, for example in the provision of services. Is the principle working well? What kind of monitoring instrument do you have to ensure that the principle really works? It probably requires coordination for the implementation of the Disability Action Plan. Edah Maina Denmark has some of the best practices of environmental and physical accessibility. Concern on the use of force in treatment and services for persons with psychosocial disabilities. Has Denmark already recognised that those previously referred to as “mentally ill” are “persons with disabilities”? Are there support services provided under the disabilities laws and programmes? On the practice of forced treatment and electroconvulsive treatment, are there steps towards ending those practices? Ana Pelaez Narvaez Re Article 3, principle of gender equality is one of the principles covered by CRPD and the CEDAW. The CEDAW Committee recommended to Denmark to consider the incorporation of this principle in the Danish Constitution. How is Denmark applying this principle in policies related to persons with disabilities? Re Article 4, in which way is Denmark considering the opinion of women and girls with disabilities in its documents in this procedure, taking into account there is no organisation of those groups in Denmark? Re Article 5, has Denmark any established jurisprudence related to the CRPD and equality and non-discrimination of persons with disabilities? Re Article 6, how did Denmark react to the Danish Institute of Human Rights report stating that women and girls with disabilities in Greenland are subjected to violence? Re Article 7, the report of the National Council on Children on children in psychiatric facilities mentioned consultation has been held with children themselves and those children say that they do not receive professional assessments concerning the consequences of the episodes they experience. It seems that treatment is always recommended by force because the children often feel threatened. 15 year old children and under receive forced treatment and have no right to lodge a complaint which would be the case for other patients. What measures have been taken in this regard? Monthan Bunthian Has Denmark signed and ratified the Marrakesh Treaty? Has Denmark recognised braille as an official written script? Is there any legal mandate for accessibility standards, particularly in the area of the information and communication, including ICTs? Chair In connection to Article 8, the State report says that there are trainings of DPOs to. Does this practice continue? Regarding Article 5, the CESCR Committee recommended that Denmark should adopt a non-discrimination legislative framework. How is Denmark complying with this recommendation? 6 Delegation’s Responses Hanne Stig Andersen, Ministry of Children, Gender Equality, Integration and Social Affairs She recognised that the Disability Action Plan does not cover all areas of disability. The plan includes the priorities and the more important areas. Other areas are dealt with by other measures and policies. One part of the Plan is to secure the collection of data on disability and education, employment and citizenship, every second year, to better inform debates and future policy related to disability. On the other hand, the general targets of general education and employment policies also include persons with disabilities. According to her, the progression and implementation of the Action Plan will take place in the Ministerial Committee on disability issues that meets three times per year and counts with the presence of all ministries. She also referred that in the second day of the dialogue, Denmark would present a brochure with the state of the implementation of the Action Plan. It includes information on budget and on the different timeframes of the different initiatives. There have been several dialogues with DPOs and the Danish Institute for Human Rights and the Disability Council, when designing the plan. There is no specific organisation on women and girls with disabilities, but they were covered by DPOs, where women participated. She explained that the principle of sector accountability implies that it is responsibility of every ministry to analyse, when drafting any law, that it is compliant with CRPD. It is up to the municipalities to implement the act of social services, including support services. The local level of services must be within the margins of the law. It is a responsibility of the local municipality council to monitor that it is respected. Nanna Julie Jorgensen There is no official recognition of languages. That is why Braille has not been officially recognised. The Danish sign language council was established by law in May 2014 and it will start next year in January. Lasse Boje Nielsen, Ministry of Justice He clarified, in connection with non-discrimination and human rights incorporation, that in Denmark there is no long tradition to incorporate human rights international instruments, probably due to the more pragmatic approach and less formalistic of Danish law. Any convention ratified is part of Danish law, even if not incorporated in Danish law. The courts consider them as relevant parts of law. The expert committee reflected and the majority favoured the incorporation of the CRPD. This committee report is now under observation by stakeholders that can make observations. He commented on the anti-discrimination legislation in Denmark. Denmark is bound by other non-discrimination provisions, including Article 14 of ECHR and Article 21 of the EU Charter on Fundamental Rights. There has been no coherent policy in this matter, in particular concerning disability. This is not a reflection of a rejection of this area of law. It 7 is a matter of the Danish tradition. That is why the expert committee referred to was appointed to deliver on steps to have a more comprehensive approach and protection. The 2013 recommendation by the CESCR Committee will be taken into account in these deliberations. Hanne Stig Andersen, Ministry of Children, Gender Equality, Integration and Social Affairs She explained that Denmark has created an anti-discrimination unit, whose role is to strengthen protection within and outside the labour market. It will implement investigation measures on discrimination for inputting policies to prevent discrimination. This Unit is working on statistics on the provisions of remedies and it will have results by beginning 2015. She mentioned that the Unit collaborates with and involve Danish DPOs and other Danish institutions. She recognised that women and men with disabilities are not explicitly mentioned in the Gender Equality Act, but they are covered by this legislation and they can file complaints to the Board of Equal Treatment if they are discriminated against on basis of gender, inside and outside the labour market. She explained that there is no information on children with disabilities victims of violence. There are numbers that are very complex to be given in these contexts. There were 19.000 women respondents in 2013, with and without disabilities, but it is very difficult to explain the results in this forum. Dorthe Eberhardt Sondergaard, Ministry of Health She explained that the Danish Psychiatric Act provides that if a person is subjected to coercive treatment, that person has the right to complain. In addition, the patient between 15 and 18 needs to give their informed consent for medical treatment, and the parents should be involved in the decision of the minor. If the children of that age are incapable of understanding the consequences of the treatment, the tutor (parents) can decide to provide the consent. For children less than 15 years, it follows that the custodial parents provide the consent. Hanne Stig Andersen, Ministry of Children, Gender Equality, Integration and Social Affairs It is the Danish Disability Council who manages the Facebook page of the on-going awareness rising campaign and is working on a strategy to address attitudinal barriers faced by persons with disabilities. Carsten Lykke Graversen, Ministry of Climate, Energy and Building The public official stated that accessibility is an important part of the Danish regulations that have been strengthen by different Danish governments. The regulation aims to ensure that new buildings and comprehensively refurnished buildings are made accessible. He informed that research has shown that regulation is not consistently followed due to lack of knowledge and that municipalities do not react to non-compliance. Denmark launched two initiatives to address this problem. A first one is directed to inform and to spread knowledge on the regulations in dialogue with relevant parts. The second one is directed to review the current legislation, including the consideration of the need to include the concept of universal design. Susie Marthin Kjeldsen, Ministry of Family and Justice, Greenland 8 She explained that Greenland has a total population of 56.000 persons. In addition, there are very few persons with higher education. These factors need to be taken into account when implementing the CRPD. Greenland has different legislation from Denmark and disability is now a full responsibility of Greenland. She thanked the Committee for the suggestion of devising an action plan. In connection with the concern about the little number of DPOs in Greenland, she stated that in the last years a blind persons association and deaf persons association have been developed. There is also a large association called INOVA of parents of disabled children. The Greenland government has created the Greenlandic council on human rights, including different NGOs and DPOs. A focal point in the Greenland government works closely with the associations. The government held a seminar in September to discuss the need to install a new centre for persons with disabilities. Karen Jacobsen Lund, Head of Section, Ministry of Family and Justice, Greenland She explained that Greenland adopted an action plan against violence against women in autumn 2013, primarily targeting domestic violence. The website ‘Break the silence’ is directed to prevent violence and to convey knowledge and research documents. The publication of materials is directed to different public agencies and offices. In reply to the concerns related to CRPD Article 5, it is a principle that persons with disabilities enjoy all rights as any equal citizen. Discrimination will be addressed in the future action plan concerning incorporation of the CRPD. Margretha Nonklett, Ministry of Foreign Affairs, Faroe Islands She explained that the Faroe Islands are a self-governed nation within the Kingdom of Denmark. Its authorities, since 1948, took over administrative and legislative on almost all domestic affairs. Since 2005, the possibilities to take over fields of affairs were expanded. The Faroe authorities perform in connection with foreign affairs, such us international agreements. In this case, Faroe authorities are consulted by Denmark. Súsanna Nordendal, Ministry of Social Affairs, Faroe Islands She recognised the lack of a comprehensive action plan on disability and the insufficiency of disability related services. The government is about to initiate the process of drafting a national action plan. Accessibility is one important area that needs to be developed, including the issue of universal design, whose implementation entails an important challenge due to the small size of the society. Questions on Articles 11 to 20 Diane Mulligan She asked about Article 11 requesting details on how the DANIDA monitors and evaluates the accessibility and inclusion of persons with disabilities by implementing partnerships providing humanitarian aid and relief in the international context for organisations listed in the State report. Theresia Degener On Article 12, support in the Danish legislation relies on substituted decision making. What steps is the Danish Government taking to align with Articles 12, 14 and 17, as interpreted in General Comment no 1? Could the State refer also to practice? 9 On Articles 15 and 17, Ms Degener expressed concern about the high number of patients receiving forced treatment and restraints. What steps are being taken to prevent the use of physical, mechanical and chemical restraints, in particular, in connection with the new legislation that is coming? Social housing legislation is being abused to build institutions for persons with disabilities. How many persons with disabilities are living in institutions and how many receive services in the community? Do you agree that residential services where more than 4 persons with disabilities are obliged to live together should be considered as institutionalisation? Ronald McCallum In connection to Article 12, what are you doing to follow examples where the first steps were pilot projects on supported decision making? Carlos Ríos Espinosa Re Article 13, what kind of procedural accommodation does the State provide, besides Danish Sign Language interpretation? What other practices can Denmark share? Re Article 14, what is the criminal justice system procedure when a person with disabilities is declared unfit to stand trial? What safeguards exist to avoid long-term commitments and treatment based on the decision of unfit to stand the trial due to the person certification? Is there a special hearing and special sentence, such as alternative measures or internment in a hospital? Does the new 2013 mental health Act consider the CRPD Committee’s recommendations on other countries’ Concluding Observations, in which forced treatment is rejected? Silvia Quan Re Articles 14 and 15 and informed consent, according to Denmark, persons are committed to psychiatric institutions only if they provide their informed consent. We received information from civil society that this consent is not always present and the complaints mechanism takes very long. Is the State thinking to review this issue of informed consent in the reform of laws related to psychiatric treatment? In connection with mechanical and chemical constraints and electroconvulsive therapy- is it envisioned to ban these practices within reforms? Damjan Tatic In connection with the CRPD incorporation in Danish law, would it be possible to directly invoke an international treaty when submitting a case to a judge in Denmark? And also in Greenland and Faroe Islands? Re Article 19, is there any way to standardise services provided to persons with disabilities, including personal assistance services? Addressing particularly Greenland, and being the case that persons with disabilities are relocating to Denmark, what are the plans to deal with its more challenging accessibility situation? Finally, has Denmark done a comparison of amount of money invested in institutions and in personal assistance and other services in the community? Edah Maina 10 Previous questions on persons with psychosocial disabilities were not answered: are persons with psychosocial disabilities recognised as persons with disabilities and protected by disability laws and policies in Denmark? Re Articles 15, 16: How many cases of discrimination based on disability have been analysed by the anti-discrimination unit? And how were Articles 15 and 16 observed within those cases? What actions does the Unit take after its findings, in particular on cases concerning persons with mental and intellectual disabilities? When will the State be referring to persons with psychosocial disabilities as that and not as “patients”? It is hoped that in drafting the bill as indicated in the opening statement, that it ensures the full participation and consultation of organisations of persons with psychosocial disabilities in Denmark, in order to capture their interest and to ensure that the new bill will conform with the CRPD. In connection with the anti-discrimination unit, is the autonomy of different persons with disabilities respected within its functioning and processes? There are concerns regarding substituted communication and substituted aspects of decision-making. In connection to accessibility, to what extent has Denmark implemented different modes of communication, especially of those persons with intellectual disabilities, for example, augmentative and alternative modes of communication? Ana Pelaez Narvaez Re Article 2 (follow up question), in which way does the State party guarantee literacy of Braille by all blind children and within education? When is Denmark going to establish a council for the regulation of Braille as it has done for sign language? Re Article 16, the CEDAW Committee has already mentioned that it recommended establishing a law on violence against women, dealing also with domestic violence. This step has not been taken. One positive development is that it has developed a national strategy to combat gender-based violence dating from June 2010 including men and women with disabilities. According to the state party in para 152 of the initial report, this strategy regarding persons with disabilities calls upon professional groups working with persons with disabilities to be informed of abuses so that they may provide support to men and women with disabilities, victims of violence. But there is no specific mention of action for victims. In Denmark’s criminal law, rape is included. But it is not clear whether disability is an aggravating factor in such crimes. On the Danish website “breaking the silence”, it is quite striking that the campaign on violence has no mention of persons with disabilities. In addition, it is commented that a foreign person married to a national will be protected in her residency status in case of being victim of violence. In 1967, Denmark repealed the legislation in place on persons with “mental disorders”, that allowed for sterilisations. But an Article on a Danish website refers to a legislative proposal in 2013 to facilitate the “voluntary sterilisation” of individuals with mental disabilities aged 18 and over. How does this work and how will it be dealt with? Has there been any policy to provide damages to people who were subjected to sterilisation under that law? Re Article 19, persons with psychosocial disabilities do not have equal access to treatment for addictions, drug addictions, alcohol, perhaps because they are not aware of the existence of those programmes. What is being done in that respect? In addition, the implementation of policies is often carried out at the cost of individual’s links with the 11 community. As a result these individuals feel isolated and live alone despite they have various services on offer to them. How is the State party going to address this problem to ensure that they can participate in society especially when living alone? Xavier Torres Does Denmark actually comply with the purpose of a life of well-being? Monthian Buntan In connection with Article 11, is there any plan to ensure disability inclusion in any disaster risk reduction, knowing that Denmark is very keen in humanitarian assistance? Martin Babu Mwesigwa According to the Ministry of Culture, in Denmark there is no formal recognition of written and spoken language. But naturalisation laws include an exam on language. Could the State explain on what language? In connection with access to justice, on account of disability an accused can be lead to institutionalisation for much more time than those being held responsible and sent to prison. Does the government consider that there is a problem with the legislation stating this? If yes, what measures are being considered? Chair In connection with Articles 13 and 14, how does Denmark apply the due process of criminal law when the accused is a person with psychosocial disabilities? Do the training programmes for police officers include the CRPD? Re Article 15, is the Mechanism of Prevention of Torture established and how does it deal with torture of persons with intellectual and mental disabilities? Carlos Ríos Espinosa He added persons with intellectual disabilities to the question of the Chair about due process. Delegation’s responses Dorthe Eberhardt Sondergaard, Ministry of Health In connection with the recognition or not of persons with psychosocial disabilities, she explained that there are no specific disability laws in Denmark, as it is the responsibility of the municipalities to develop related policies. In the health area, all persons are referred as patients, regardless of any other consideration. Christian Lamhauge Rasmussen, Ministry of Education He referred that the instruction of Braille is part of the ordinary schools plan in the course of compulsory school, with the consultative work of specialised institutions and units. Children should learn Braille as soon after birth as children learn the Latin alphabet. There could be challenges in transition towards secondary education and due to the risk of erosion of specialised consultancy in this area. Head of the delegation 12 He explained that Danish development assistance amounts to 3 billion dollars a year. Most of it is aimed at countries in sub-Saharan Africa though bilateral projects. Secondly, DPOs administered a civil society fund. The assistance is based and human rights. In connection with disaster risk reduction, Denmark will participate in the Conference in Japan next March and will favour the inclusion of references to persons with disabilities in that context. Lasse Boje Nielsen, Ministry of Justice He explained that Denmark and the Committee does not fully agree on the interpretation of Article 12. When the Committee published its General Comment no 1, the Danish Government expressed its critics. He stated that no person is put under guardianship to deprive the person of their rights. In Denmark, the institution of guardianship is directed to persons that do not understand there is a decision to be made, nor the nature and the consequences of that decision. Denmark finds it necessary to have laws establishing substituted decision making to prevent neglect and abuse of the protected persons. The law allows for tailored solutions and is based on the proportionality principle. The decision of full deprivation of legal capacity is taken by a court of law, when regular guardianship is not enough to protect the person from financial exploitation. The current guardianship act is from 1995. Currently, there are no plans to change the law. When the rules are revised, the situation in other countries and the opinion of this Committee will be taken into account. In connection with Article 13, he explained the government tries to make sure that police officers have the appropriate knowledge to deal with vulnerable groups. The Antidiscrimination Unit and the Danish Institute on Human Rights are willing to collaborate to address the rights of persons with disabilities. He clarified that there are procedural adjustments provided within the legal proceedings such us the provision sign language interpretation, other interpretations and consults and support persons. He explained that the CRPD can be directly invoked before the courts, including those from Greenland and Faroe Islands. In connection with Article 14, he drew the distinction between “punishment” and “treatment”. Persons not found guilty and criminally responsible are not punished, they are sentenced to “treatment”. As a principle rule the maximum length of the “treatment” is 3 years. In the person is institutionalised, the maximum length of the treatment is 5 years. If the person has been found guilty of a serious crime, there is no maximum limit of treatment. The prosecutor service follows up and monitors the implementation of this measure. He explained that a sentence to treatment does not mean that the person will be committed to a treatment facility. The treatment could take the form of an outpatient basis. Dorthe Eberhardt Sondergaard, Ministry of Health 13 She explained that the patient must be informed of the available treatment options. By Informed consent, it is understood under the provision of enough information. As a general rule, it must be explicit. Addressing the questions on Article 15, she explained that compulsory treatment can be used only under very strict criteria. Coercive measures must be exercised with maximum consideration of the patient. The patient may complain of a coercive measure to the psychiatric board, but it can be undertaken if necessary while the complaint is being processed. Electro Convulsive Treatment cannot be used unless the person is in a current or potential life threatening condition. The government is review its legislation this summer. In case of compulsory treatment, there will be patient involvement. The draft bill does not include the banning of compulsory admission and treatment, but the objectives of the draft is to reduce the use of coercion. Denmark recognises there are challenges on the use of coercion. Denmark consulted France, UK, Germany and Norway before drafting the bill. Hanne Stig Andersen, Ministry of Children, Gender Equality, Integration and Social Affairs She clarified that the Anti-discrimination Unit is not assigned to deal with individual cases. Its main purpose is to gain knowledge. One project consists of doing a mapping on relevant cases of discrimination. The result of the analysis will be used for future policies. The aim of the Unit is also to undertake awareness rising campaign. The Unit is focusing on all persons with disabilities, including persons with mental and cognitive disabilities. Lasse Boje Nielsen, Ministry of Justice He addressed the issue of rape. Section 2.16 and 18 of the Criminal Code refers to different kind of crimes. Section 2.16 paragraph 1 provides 8 years as maximum of prison as sanction for rape, and refers to the victim who is incapable of resisting the act. Section 2.18 refers to sexual exploitation and aims at providing protection to person suffering from mental illness or persons with disabilities. Denmark has taken legislative steps to improve support to victims, including a Victims Fund to provide financial support. The criminal justice compensation board has been strengthened. “Defenceless State of the Victim” is an aggravating factor that courts must considered. In other cases, when there is no defencelessness, the court will consider disability of the victim as an aggravated factor. Hanne Stig Andersen, Ministry of Children, Gender Equality, Integration and Social Affairs Since 2002, the government has developed campaigns for vulnerable groups, including women victims of domestic violence. The majority of the support and assistance to victims of domestic violence are provided within the existing services, and not on the basis of the Disability action plan. In addition, if a women shelter or crisis centre is not accessible, the facility needs to place the person in another. 10 centres are fully accessible to wheel-chair users. Dorthe Eberhardt Sondergaard, Ministry of Health 14 She explained that sterilisation cannot be carried out with the use of force. Legislation has been changed in September this year regarding persons with “mental disorders” and “mental deficiencies”. Before this law, very few permissions for sterilisation were given. Before that option, other contraception methods need to be explored before resorting to sterilisation. Anyhow, for some persons those might not be used and this resulted in risk of pregnancy and eventual removal of the child may be considered. The new law allows the regional council to permit sterilisation even if the person has a mental disorder. Michael L. Kristensen, Ministry of Housing, Urban and Rural Affairs He explained that most persons with disabilities in Denmark live in ordinary housing. For some people whose disability is severe this is not possible. The municipalities have an obligation to offer special housing with special care and services. It is not subjected to free choice. It is offered after an assessment of the municipalities. Special housing schemes are implemented by the State. Persons living in them enjoy all the same tenant rights as others, including protection from eviction and right to tenant democracy. Although we are dealing with a vulnerable group, they are able to decide to move to another residence that can meet their needs. If it is municipality housing, the person is submitted to an assessment in that municipality. When designing new housing alternatives, the municipalities have to assess the need for special housing of people with severe disabilities. The general framework follows the same criteria as for other vulnerable groups. That is why there is no disaggregated data on persons with disabilities. Each individual has their own dwelling; therefore, they are not institutions where there are more than 4 people living there. Hanne Stig Andersen, Ministry of Children, Gender Equality, Integration and Social Affairs She stressed that it has been a high priority to ensure the quality of services for persons living in these accommodation facilities, in particular persons with disabilities, ensuring they provide for independence of the person. The government conducted reform of the legislation in this area. Nowadays, five units monitor the quality of the services and a model of quality has been developed. In addition, an independent social supervision system to monitor the development, quality and size of housing facilities has been established. The municipalities have the authority and responsibility to implement social services. While it is essential to ensure that services are provided, it is not an aim to standardise services for persons with disabilities. It is important to highlight that the level of services must be always within the limits of the law. To monitor this, the government has established a system of complaints to the National Social Appeals Board when the person believes a municipality does not provide adequate service according to the law. The comparison of budget for personal assistance schemes and housing facilities schemes is not feasible. Overall, 29.5 billion krone was spent in 2012 in connection with persons with disabilities. The amount spent for personal assistance schemes was 1,706 billion krone in 2010 and 1,780 billion krone in 2012. 15 The National disability action plan includes actions and initiatives related to inclusion, such as the initiative “New alliances in the Civil Society” to build breaches between DPOs and other mainstream NGOs. Susanne Beck Petersen, Ministry of Health She explained that the responsibility of the treatment of persons with mental illness who are addicts is divided. The abuse treatment is local and the psychiatric treatment is regional. This situation demands careful coordination. Funds have been allocated to strengthen this kind of coordination. Susie Marthin Kjeldsen, Ministry of Family and Justice, Greenland She explained that from 1950s on, persons with disabilities from Greenland were and are placed in Denmark. The reason is the lack of knowledge on how to meet their needs. It is difficult to ensure accessibility and personalised services. The Greenlandic government is looking for creating services in Greenland. For example, the government has opened a new residential institution for young people with autism. In Greenland, it is not possible to standardise services. Karen Jacobsen Lund, Ministry of Family and Justice, Greenland She replied that DPOs do exist but they are not very strong in Greenland. The Greenlandic government is opened to collaborate with them and to seek opinions on law making. Súsanna Nordendal, Ministry of Social Affairs, Faroe Islands In connection with Mr Tatic’s question on standardisation of services and cooperation with DPOs, she referred that services are based on an individual assessment and thus there are not standardised schemes. Faroe Islands government is moving towards more independent living schemes and this kind of issues will be addressed during the drafting of a disability action plan. It is also pleased with cooperating with DPOs. Questions on Articles 21 to 33 Chair Denmark ratified the OP with the exception of the territory of Greenland. Could the Delegation explain this exception? Lászlo LOVASZY In connection with the full recognition of sign language, the National Sign Language Council established by the Danish Parliament is an improvement. Denmark provided no information on opportunity of funding of research and development of sign language. The national board of health adopted a guideline on auditory verbal therapy for the cochlear implant where it is said that the use of sign language is not recommended. Within this board there is no one representing persons with disabilities and deaf persons and, in particular, children. Specific questions: - What further steps are taken to ensure the sure realisation of sign language in accordance with Article 21? 16 - What resources are available and what institution have budget to promote research and development on sign language, in line with Article 30? - What is the reason not to include deaf children in the national board referred that discuss issues related to cochlear implant and sign language? - When is there going to be a concern on inclusive education and sign language aiming to ensure sign language within mainstream schools? Theresia Degener Follow up questions Re Article 12, aware of difference of positions of the CRPD Committee and the State of Denmark on legal capacity of persons with disabilities, the delegation referred that the legislation on guardianship will be reviewed. Could the State clarify when? Re Article 19, Denmark has been the model of the world with its normalisation principle. Nowadays, it seems that the decentralisation of services leads to more institutionalisation of persons with disabilities. Could Denmark clarify when the issue of dwellings will be discussed with the municipalities? Re Article 24, could Denmark providethe inclusion or exclusion rate of children with disabilities in mainstream schools? Ronald McCallum Re Article 23, expressed concern about children who are on occasions fostered out by decisions of the Family Courts. This is an issue of concern to Danish citizens and parents. Re Article 24, it seems Denmark has an unduly high level of special schools. Could the government provide data on the number of students with disabilities transition from secondary to university and other higher education, such as technical institutions? Re Article 27, there is concern that figures on employment of persons with disabilities might be slightly falling but I guess Denmark will keep up its commitment and work on this area. Diane Mulligan Re Article 29, on 11 June 2014, the Danish Parliament rejected a draft that would allow persons with disabilities to vote. The Constitution prevents from voting persons under full guardianship, which is not in compliance with Article 29. Could the government explain why did the parliament reject that draft and what solutions it proposes? Re Article 21, is the Internal Portal initiative, the social services gateway, accessible to all persons with disabilities? Re Article 31, Denmark says it is still working on the statistics. In the Replies to the list of issues related to identify indicators of the implementation of the CRPD, Denmark referred to several stakeholders. Do you plan to include DPOs? Re Article 11, what is the involvement of persons with disabilities in the design of policies on humanitarian aid? On Article 32 on international cooperation, there is no information on the participation of DPOs in the planning and implementation of development programs. No mention of implementation of MDGs and Post 2015 Agenda, despite the recommendations in the Reporting Guidelines. Mohammed Al Tarawneh Follow up questions 17 In connection with NHRIs, how independent from the government is the Danish Institute of Human Rights? Regarding, refugees and migrants, could you explain if all the disability laws and services apply to those who are not nationals, be they migrants and refugees? Monthian Buntan Congratulations on the sign language being officially recognised and the national council on sign language established. Yet more research is needed on sign language, especially because of the risk of extinction. The same happens with Braille, especially when thinking of mainstream education. Re Article 21 and 9, has Denmark any foreseeable plan to ensure broadcasted materials are accessible in alternative formats, sign language, easy to read easy to understand formats, etc.? Re Article 24, how does Denmark apply the concept of inclusive education? Re Article 32, Denmark has a leading role of promoting good inclusive international cooperation, including strengthening DPOs capacities, especially blind persons. This should be also happen within Denmark itself. Hyung Shik Kim Re Inclusive care of children with disabilities, it seems Denmark is applying integrated care (special education, integrated school, etc.). Inclusive care does not segregate children. Re Article 24, the State referred to the Salamanca Statement, including paragraphs referred to special institutions. How does Denmark see inclusive education? Civil Society stated that Denmark is implementing Inclusive Education in a non-proper way, not including training to teachers for example. Re Article 28, and in connection with the responsibility principle on social welfare and the reform of disability pensions, what kind of measures have you been using to assess the success of reforms? Does the flexible job policy lead to enough jobs created? When referring to society expectations on persons with disabilities, to what extent is Denmark accommodating the expectations of persons with disabilities? Reflecting on resources of the individual, what resources will persons with disabilities have? The preferential access principle in employment, to what extent do employers provide preferential access to persons with disabilities? Are they penalised if not? Edah Maina In connection to implementation of alternative modes of communication, to what extent has Denmark implemented alternative and augmentative modes of communications allowing access to persons with intellectual disabilities? Re Articles 25 and 26, no one in this Committee has ever referred to “insane”, mentally ill, etc., persons. It is hoped Denmark adopts legislation treating well persons with psychosocial disabilities. What measures has Denmark take to domesticate Article 12, 14, 25 and 26? Psychiatrists do not transition from the medical model to the human rights model and continues practices that amount to torture and cruel treatments. Denmark is not prepared to ban compulsory admission and treatment and to cease the practices of ECTs and mechanical coercion. In Denmark’s consultations, were persons with psychosocial disabilities consulted or only psychiatry professionals? What do you see as the status of human rights of persons with psychosocial disabilities going forward? 18 Ana Pelaez Narvaez Regarding Article 21, how does Denmark guarantee the provision of guides and interpreters for deaf-blind persons to be including in the community? In which way is the bimodal language used in instruction? In connection to Article 23, how does Denmark guarantee that children with disabilities can expressed their views in matters concern them? E.g.. separation processes, their own inclusive education system, etc. Re Article 24, do you consider the opinion of children with disabilities on inclusive education and special education systems? As a follow up question, what percentage of persons with disabilities is institutionalised? And how many below 18 years? How do you treat non-nationals with disabilities? Persons from Denmark find it difficult to try to live in other countries because the State withdraws the disability pension when they leave the country. How is this situation going? Women and girls with disabilities have no specific representative organisations. What is the State going to promote capacity building towards the creation of a DPOs of women and girls with disabilities? Damjan Tatic Standardisation of services refers to criteria of the services, knowing that one situation does not fit all, in the sense of the general criteria and broad framework. Regarding Article 30 and para 335 of the State Report, could the government explain if there are measures on accessibility of historic buildings? Carlos Ríos Espinosa Regarding Article 14, the Danish system of treatment seems to be more flexible. You could change a sentence from outpatients and in-patients. The distinction between punishment and treatment is not relevant, because they are both social control mechanism. Can persons in “treatment” benefit from the principles of your criminal law? Lotfi Ben Lallahom Being that there is no clear definition of disability, is there any abuse of persons in receiving disability benefits? In connection with Article 24, what is the percentage of children benefiting from inclusive education? Martin Babu Mwesigwa Could Denmark provide clarification on the composition of that expert committee requested to analyse incorporation of international human rights law to domestic law? When will its report be presented and how binding are its recommendations? There is a case of a victim of torture from Iran living in Denmark who has memory loss whose application for citizenship was denied on account of his not passing the language requirement. He is a person with psychosocial disabilities. What measures are in place to help persons like him to pass the naturalisation test, including the language test? 19 Delegation’s Responses Head of the delegation He explained that the Danish Institute for Human Rights is entirely independent from the government. Nanna Julie Jorgensen, Ministry of Children, Gender Equality, Integration and Social Affairs She explained that the Danish Sign Language Council is part of the Danish Language Council. The Ministry of Culture has no plans to establish a Council for Braille. It has also sent material on accessibility to broadcast and museums. Under the Public Service Act, public services must offer subtitling, sign language and other measures for accessibility. 90 % of museums have done reform for accessibility of their premises. Asbjorn Fangel Hansen, Ministry of Finance In connection with accessibility to social e-services, he explained that many digital solutions are gathered in a Web Portal in Denmark, which follows international standards and will keep up doing so. Christian Lamhauge Rasmussen, Ministry of Education He stated that there is a tendency of increasing segregation in schools. In 2010, 5,6% of all students in public compulsory schools were in segregated settings. Denmark focuses on the principle of inclusive education and on the knowledge that persons with noncognitive disabilities in segregated settings have worse performance than other children. Budget analysis shows that special education schools take a considerable part of resources. That is why Denmark set a comprehensive effort for a transition for inclusive education in public schools, establishing goals related to the degree of segregation, the academic results and the well-being of pupils. Initials results showed that the proportion went from 5.6% to 5.2% of pupils in segregated settings. He informed that there is an independent complaints mechanism. The right to complain is reserved to those receiving more than 9 hours of support per week. While for those receiving only some support measures, a deference is made to school authorities who are in better conditions to decide, for students with intensive and specialised needs, there is an overriding concern about getting the right support, that is why for them the right to complain is guaranteed. It was detected that more than nine hours of support is usually the support received by those with more intensive and specialised needs. Hence, the complaint procedure focuses more on allowing for inclusive education. The rapid and ambitious transition to inclusion gives challenges to the municipalities to strive in that way to build the necessary competences. To promote inclusive education there is counselling within the school system and within day care. In connection to access to mainstream education for sign language users, efforts are taking place to meet their needs, being a responsibility of the school to ensure that sign language is integral part of mainstream education. Finally, school buildings need to follow accessibility standards for new building or refurnished. Anders Posselt Langhede, Ministry of Education 20 He explained that there is a panel survey that aims to transfer knowledge to professionals that work with children. To support the municipalities, the government has set aside one billon krone to training teachers and other professionals. Denmark analyses how the municipalities are advancing on inclusive education. There are also research projects that aim to develop knowledge in the area. Susanne Anthony, Ministry of Education She explained that Denmark has a goal that 95% of students should complete one-year youth education programme. Currently, it is 93%. There is, within youth education, no special education. Students should be integrated individually. Students with disabilities can receive special education assistance according to their needs. In connection with young students being included, there is not very good data because it is not disaggregated. There is data on how many young persons receive special education assistance: in 2009, 6800, 2,7% of all youngsters in education; in 2014, 12.900, representing 4.6%. Peter Pannula Toft, Ministry of Education He analysed the issue of the transition rate from secondary to higher education. The target is that 60% of youth should finish a higher education programme. There is no specific data on persons with disabilities due to lack of disaggregation. Yet figures of special education assistance in higher education might indicate an increasing number of persons with disabilities are completing higher education. There has been a specific initiative with NGO involvement to lay out a transition programme from secondary to employment and occupations for students with disabilities. On sign language, most deaf children in Denmark are offered an operation of cochlear implant to obtain speaking language. It is the Ministry of Education’s assessment and task to offer this implant. There is an agreement in which the State took the responsibility to offer consultancy services to children with hearing loss and to coordinate research and knowledge gathering on the subject. Mia Monsted, Ministry of Employment She explained that Denmark has introduced large-scale reform to include person with disabilities in the labour market and to focus on the person resources. At this point 7900 of flexi-jobs (10 hours or less per week). The policy is being monitored closely and it will be evaluated after 3 years of implementation. Lasse Boje Nielsen, Ministry of Justice He stated that, from a Danish point of view, the Danish rules on assistive voting are in full compliance with Article 29 of the CRPD. Article 29 of Danish Constitution states that those declared incapable of administering their own affairs are deprived of the right to vote at national elections. This concerns only those under full guardianship, which includes deprivation of financial responsibility and deprivation of legal capacity to act. To modify this, a constitutional reform would be required. Besides that, reforms could be allowed for municipal and European elections. A draft bill for this was rejected, seemingly, more on timing reasons and factors. The next municipal elections will take place in 2017 and the next European Parliament elections in 2019. Karen Jacobsen Lund, Ministry of Family and Justice, Greenland 21 She explained that there are 46 deaf persons in Greenland. There is the possibility of offering cochlear implant to deaf children. Schools are required to teach all children, if possible, with inclusion as well. For the 2015 spring session in parliament, the government will develop an action plan for training and qualification of staff working with the disabled. Susie Marthin Kjeldsen, Representative of the Government of Greenland She stated that the Greenlandic Parliament did not yet decided to ratify the Optional Protocol. In connection with Mr Tatic’s question on minimum accessibility standards, Greenland is in the process of drafting new law on accessibility that could include minimum standards. Margretha Nonklett, Ministry of Foreign Affairs, Faroe Islands In connection with the independent monitoring mechanism of Article 33, the Faroe Islands government is investigating if there are bodies that could be designated as such or if it is necessary to create a new one. There is no timeframe, but the reply will be due shortly. Closing remarks Head of Delegation Treaties ratified by Denmark might be invoked before the courts and they have to consider them as relevant sources of law. Nonetheless, reflection is on-going to explicitly incorporate the conventions in Danish legislation. They expressed sincere appreciation for the opportunity for dialogue and look forward to the CRPD Committee recommendations. Jonas Christoffersen, National Institute for Human Rights He focused firstly on the lack of protection against disability-based discrimination within Danish legislation. He reflected on what it means that Denmark does not have a coherent policy on non-discrimination and to say at the same time that it is a priority to deal with discrimination. The lack of coherence is the result of the lack of political priority and will. Second, he stated that the use long lasting mechanical constraints in psychiatric institutions has been constant along the years. The National Institute for Human Rights recommends that the government put an end to all these kinds of practices. Chair The Chair thank the Danish delegation for the fruitful constructive dialogue. 22