A/HRC/18/4
available to the public at no expense. The Danish Court Administration initiated
preparations for a public database on case law in 2010.
59.
Between 1992 and 2010, 757 applications from persons born stateless in Denmark
were examined. 36 of these had been mistakenly rejected. Most of these 36 have already
been granted citizenship, while the rest are listed in the naturalization bill that was
introduced to Parliament on 15 April 2011. It is now possible for certain stateless persons to
submit applications before 1 March 2012 as they may have received incorrect information
on their rights. A commission of inquiry is carrying out an independent inquiry of the case.
60.
With regard to family reunification, the rules regarding spousal reunification in the
Danish Aliens Act do not regulate the right to marry. Obtaining spousal reunification
normally requires that the spouses’ combined attachment to Denmark is stronger than to
any other country to ensure the best possible starting point for a successful integration. In
some cases, exemptions from the requirements are made. A bill has been submitted to
Parliament, that if adopted will reform the legislation on spousal reunification and
modernize the 24-year requirement.
61.
Denmark has experienced a strong increase in the number of unaccompanied minors
entering the country and faces certain challenges with regard to these minors. In the future,
the special residence permit for unaccompanied minors will expire when the foreigner turns
18. Return of an unaccompanied minor will not take place unless the asylum claim has been
rejected.
62.
Regarding the expulsion of refugees, the safeguard against refoulement is absolute.
Those who cannot be expelled are either granted asylum status or stay in Denmark without
a residence permit (exceptional leave to remain).
63.
With regard to expelled EU citizens, Denmark cannot verify if they belong to the
Roma ethnicity, as people are not registered on the basis of their ethnicity. The Supreme
Court did not find substantial grounds for expulsion in two cases. After these rulings, 14
other decisions were reviewed and overturned. The authorities are investigating how to
handle this type of cases in the future.
64.
Regarding the forced return of Iraqi refugees, the Refugee Appeals Board has
indicated that the recommendations by the Office of the United Nations High
Commissioner for Refugees on the treatment of asylum-seekers from Iraq are an essential
element when a concrete and individual assessment of each case is made – although the
recommendations are not legally binding and of a general character. The Ombudsman
monitors forced returns.
65.
Concerning health care of asylum-seekers, the Government makes no distinction
between children of asylum-seekers and other children residing in Denmark. Adult asylumseekers are entitled to health care provided that it is necessary, urgent and alleviating.
66.
The Government clearly stated that it does not support abolition of section 266(b) of
the Criminal Code, as it will be contrary to obligations under International Convention on
the Elimination of All Forms of Racial Discrimination and international law.
67.
Various measures have been put in place to prevent hate crimes against ethnic
minorities. The “Stop Hate Crimes” campaign was launched to raise awareness and urge
victims and witnesses to report the crimes to the police. In 2009, the Government presented
an action plan to prevent extremist views and radicalization among young people. The
Danish Security and Intelligence Service gathered information from the police on crimes
motivated by extremist opinions in order to detect any signs of an organized or systematic
rise in crime with a possible extremist background.
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