DENMARK, CRC/C/DNK/CO/4

31. The Committee expresses concern at the State party’s new immigration laws, which came into force on 1 August 2010 due to the negative effect of inter alia, the increase in the level of difficulty of the criteria for non-nationals to receive residency rights, and the foregoing of public benefits in exchange for points under the new points-based criteria. The Committee is concerned that this may have the de facto effect of exacerbating discrimination against immigrants, especially Roma children with respect to their access to education and other essential social services. In this context, the Committee is also concerned at the disparity in State assistance provided to disadvantaged families newly arrived in the State party, the majority of whom belong to ethnic minorities, compared to the assistance provided to other residents in similar circumstances.

32. The Committee recommends that the State party ensure access to social services and to State assistance for families in disadvantaged situations, on an equitable basis. In doing so, the Committee urges the State party to collect and analyse disaggregated data to comprehensively monitor and address de facto discrimination, including multiple discrimination that may particularly affect boys and girls belonging to ethnic minorities and/or have special needs or are in situations of vulnerability.

33. The Committee calls upon the State party to ensure the effective enforcement of protective laws, to undertake studies and launch comprehensive public information campaigns to prevent and combat all forms of discrimination, and to sensitize society to the situation and needs of children within the society and particularly within the family. In this regard, the Committee requests that specific information be included in the next periodic report on the measures and programmes undertaken to follow up on the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Committee’s general comment No. 1 (2001) on article 29 (1) of the Convention (aims of education), and in doing so strengthen its efforts to promote values and behaviour free of discrimination on any ground, including gender, ethnic origin, immigration status, disabilities, sexual orientation and any other.

Education, including vocational training and guidance

55. While welcoming initiatives such as the “Watch out for Bullying” and “Together against bullying” and the high percentage of schools with a Plan of Action to address bullying, the Committee is nevertheless concerned at the prevalence of bullying in schools and at the lack of clarity in the law as to the responsibility of school authorities and follow-up action in cases of failure to comply the plans of action. The Committee is further concerned that, under current education programmes, only children of European Union or European Economic Area citizens are entitled to mother-tongue instruction.

56. The Committee recommends that the State party continue and intensify its efforts to prevent and address bullying in schools, particularly introducing a range of educational and socio-pedagogical methods involving parents and an appropriate monitoring of school plans. It also recommends that mother-tongue education be reintroduced for bilingual pupils who do not receive municipally organised mother-tongue lessons.

Asylum-seeking and refugee children

57. The Committee welcomes the high standards of the reception centres for unaccompanied children seeking asylum and that these children will continue to have access to a legal representative following a negative decision on their asylum case as per amendments to the Danish Aliens Act, however the Committee is concerned that:

(a) there are unaccompanied asylum-seeking children disappearing prior to final processing of their asylum case;

(b) many children of asylum-seeking families have been diagnosed with psychological or psychiatric problems as a result of having experienced the trauma;

(c) children who do not cooperate with age-determination will face procedural consequences;

(d) the majority of asylum-seeking children of school going-age receive education in separate schools where the quality of the education is significantly lower than that of mainstream Danish schools, and that these schools do not grant academic credits which qualify the children for further education.

58. In light of the above listed concerns, the Committee urges the State party to:

(a) undertake a systematic survey on the disappearance of unaccompanied asylum-seeking children, especially with regard to the effect that revoking residency rights upon attaining 18 years of age may have on their disappearance, and integrate findings in the formulation of the State party’s policies for ensuring that the rights of children in such circumstances are fully respected;

(b) initiate timely, practical and appropriate measures for preventing the disappearance of unaccompanied asylum-seeking children, including by: (i) only applying the Dublin II Regulation in cases where it is in keeping with the child’s best interest; and, (ii) ensuring that all unaccompanied asylum-seeking children are provided with a trained guardian and, if necessary, legal aid, with due regard to the child’s best interest and right to information and freedom of expression, upon their arrival and until such time when their asylum process is completed;

(c) revise the proposed amendments to the Danish Aliens’ Act to remove the proposal that if a child does not cooperate with the age-determination process there will be procedural consequences and ensure that international standards for how to conduct such process are introduced;

(d) apply the Danish Aliens’ Act in a manner that will ensure a legal status and a durable solution for children suffering from trauma and diagnosed with psychological of psychiatric problems, providing the social and health measures required for their mental rehabilitation;

(e) ensure that asylum-seeking and refugee children receive the same quality of education as children in Danish schools.