Retspolitisk Forenings bemærkninger til regeringens udkast til UPR-rapport 2015.
The Danish Law Association is part of the Joint Stakeholder Submission Universal Periodic Review of
Denmark 24th session of the UN Human Rights Council January-February 2016 and refers to this
report.
This Association wants however to add the following Comments.
Government UPR Draft 2015 Section II.
Developments since the first review of Denmark, especially with regard to the normative and
institutional framework for the protection of human rights
Vulnerable persons/Persons with disabilities
1. DRF Comment.
The Government remarks, that the objective of the reform is that persons under the age of 40 should only be
eligible for disability pension under very narrow circumstances. This makes it practically impossible to obtain
Disability Pension for persons below 40 years.
2. DRF Comment to no 4 “Other” last part.
Lack of incorporation of UN human rights treaties into national law.
(Recommendations no 106.26, 106.28, 106.29, 106.33. Not accepted.)
The sad story behind this dates back to 2001 where the Government appointed Committee of Experts dealing
with exactly the same issue unanimously recommended incorporation of at least three UN-Conventions,
Convention on civil and political rights (ICCPR), Convention against Torture and other cruel or degrading
Treatment or punishment and the Convention against Racial Discrimination.
The Development since then shows clearly a severe political setback in the political Approach to respect and
maintain Human Rights in legislation and administration. The Governments’ Argument, that it is important
to maintain the elected representatives’ responsibility for the compliance with our international obligations
is based on the odd assumption, that the Danish legislative body is not aware, what it is doing by
incorporating international law into national Danish Law.
3. Not mentioned in the Governmentdraft.
DRF Comment.
Incorporate the Crime of Torture in the Criminal Code and the Military Criminal Code.
This recommendation was been made by Canada and Spain in 2011. The Government did then not accept the
recommendation. This Question is not mentioned in the Government UPR Report2015. The Question ought to
be raised again to make Torture a special crime like Rape and Robbery.
Copenhagen 25 October 2015
Leif Hermann
Member of the Board.