SRSR, Alm.del - 2021-22 - Bilag 4: 78th virtual session of CEDAW Committee

Dansk Interparlamentarisk Gruppes bestyrelse 2021-22, Ligestillingsudvalget 2021-22, 2021-22
IPU Alm.del Bilag 15, LIU Alm.del Bilag 73, Alm.del Bilag 4
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lamentarisk Gruppes bestyrelse 2021-22,Ligestillingsudvalget 2021-22,Folketingets Tværpolitiske netværk for seksuel og reproduktiv sundhed og rettigheder 2021-22

United Nations

CEDAW

/C/DNK/CO/9

Distr.: General

9 March 2021

Original: English

Convention on the Elimination

of All Forms of Discrimination

against Women

Committee on the Elimination of Discrimination

against Women

Concluding observations on the ninth periodic report

of Denmark

The Committee considered the ninth periodic report of Denmark

(CEDAW/C/DNK/9) at its 1797th, 1798th and 1799th meetings (see

CEDAW/C/SR.1797, CEDAW/C/SR.1798

and

CEDAW/C/SR.1799),

held online

from 22 to 24 February 2021. The list of issues and questions raised by the

pre-sessional working group is contained in

CEDAW/C/DNK/Q/9,

and the responses

of Denmark are contained in

CEDAW/C/DNK/RQ/9.

Introduction

The Committee appreciates the submission by the State party of its ninth

periodic report, as well as its follow-up report to the previous concluding observations

of the Committee (CEDAW/C/DNK/CO/8/Add.1). The Committee also welcomes the

oral presentations by the delegations of Denmark and of the territories of Greenland

and the Faroe Islands, and the further clarifications provided in response to the

questions posed orally by the Committee during the dialogue.

The Committee commends the State party for having agreed, on an ex ceptional

basis in the light of the coronavirus disease (COVID-19) pandemic and post-crisis

reconstruction, in order to avoid a gap in the protection of women’s rights in the State

party, to participate in an online dialogue with the Committee remotely fro m

Copenhagen, Nuuk and Tórshavn. The Committee also commends the State party on

its multisectoral delegation, which was headed by Mette Kaae Hansen, Department

for Gender Equality, Ministry of Employment of Denmark, and included

representatives of the Danish Ministry of Foreign Affairs, Ministry of Employment,

Ministry of Justice, Ministry of Social Affairs and Senior Citizens, Ministry of

Immigration and Integration, Ministry of Health, Ministry of Children and Education,

Ministry of Higher Education and Science, Ministry of Defence, Ministry of the

Interior and Housing, Ministry of Culture, Ministry of Industry, Business and

Financial Affairs and Ministry of Finance; of the Office of the Premier, the Ministry

of Foreign Affairs, the Ministry of Health and Gender Equality, the Ministry of Social

Affairs, Family and Justice and the Ministry of Education, Culture and Church of

Greenland; of the Office of the Prime Minister, the Ministry of Foreign Affairs and

Culture, the Ministry of Social Affairs, the Ministry of Health, the Ministry of Finance

* Adopted by the Committee at its seventy-eighth session (15 to 25 February and 4 March 2021).

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and the Ministry of Environment, Industry and Trade of the Faroe Islands; and of the

Permanent Mission of Denmark to the United Nations Office and other international

organizations in Geneva.

Positive aspects

The Committee welcomes the leadership and commitment of the State party in

the advancement of the women and peace and security agenda of the Security Council,

including its efforts to promote all dimensions of the agenda, as reflected in Council

resolutions

1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106

(2013), 2122 (2013), 2242 (2015), 2467 (2019)

and

2493 (2019).

The Committee also

notes with appreciation that the State party is among the high est-ranked countries in

terms of gender equality.

The Committee welcomes the progress achieved since the consideration in 2015

of the State party’s previous report in undertaking legislative reforms, in particular

the following measures:

(a) Adoption of Law No. 2208 (2020), which entered into force on 1 January

2021 and which amends the definition of rape set forth in section 216, paragraph 1,

of the Criminal Code so that it is based on lack of consent, in 2020, and adoption of

Law No. 635/2016, which increases the criminal penalty for rape, in 2016;

(b) Inclusion in the Criminal Code of a specific provision on psychological

violence in close relationships, in 2019 (see

CEDAW/C/DNK/CO/8,

para. 18 (c));

(c)

Adoption of a legislative ban on hymen construction surgery, in 2019;

(d) Adoption of a new law on matrimonial property that, in principle, divides

all assets upon divorce equally between the spouses and provides for the awarding of

compensation to a spouse who has helped to preserve or increase the other spouse’s

wealth, in 2018 (Law No. 548/2018);

(e) Adoption of amendments to criminal law provisions related to preventing

and combating gender-based violence against women, including domestic violence,

which, inter alia, increased the maximum penalty for repeated domestic violence

offences and for aggravated violence, in 2018 (Law No. 358 (2018) and Law No. 718

(2018));

(f) Adoption of Law No. 688 (2018) on the prohibition of discrimination on

the grounds of disability, in 2018;

(g) Adoption of new legislation relating to online harassment and to

harassment in the workplace, in 2017 (Law No. 977 (2017));

(h) Adoption of amendments to the Restraining Order Law introducing

temporary restraining orders with immediate effect, in 2016 (Law No. 1724 (2016)),

and introduction of equivalent regulations in Greenland and the Faroe Islands in 2017.

The Committee welcomes the State party’s efforts to improve its institutional

and policy framework aimed at accelerating the elimination of discrimination against

women and promoting gender equality, such as the adoption or establishment of the

following:

(a)

Annual gender equality action plan for 2021, on 25 February 2021;

(b) Maternity equalization scheme for maternity, paternity and parental leave

for self-employed persons, aimed at promoting women’s entrepreneurship, introduced

in Denmark in 2014 (see

CEDAW/C/DNK/CO/8,

para. 6 (b)), and extensions of the

period of maternity leave during pregnancy from two to four weeks and of the shared

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parental leave quota from 17 to 21 weeks, which both came into effect in Greenland

on 1 January 2021;

(c)

“Sig Frá!” action plan against violence in the Faroe Islands, in 2021;

(d) Action plan for the prevention of psychological and physical violence in

intimate relationships (2019–2022);

(e)

(f)

Action plan against trafficking (2019–2021);

Office for the promotion of gender equality in the Faroe Islands, in 2019;

(g) First action plan of Denmark to promote the safety, well-being and equal

opportunities of lesbian, gay, bisexual, transgender and intersex persons, in 2018.

The Committee welcomes the fact that, in the period since the consideration of

the previous report, the State party has ratified, acceded to or declared the

applicability to the self-governing territories of the following international treaties:

(a) Discrimination (Employment and Occupation) Convention, 1958

(No. 111), of the International Labour Organization (ILO), on 27 August 2019, and

the Equal Remuneration Convention, 1951 (No. 100), of ILO, on 10 December 2018,

for Greenland;

(b) Optional Protocol to the Convention on the Rights of the Child on a

communications procedure, on 7 October 2015;

on 14 June 2017.

Sustainable Development Goals

The Committee welcomes the international support for the Sustainable

Development Goals and calls for the realization of de jure (legal) and de facto

(substantive) gender equality, in accordance with the provisions of the

Convention, throughout the process of implementing the 2030 Agenda for

Sustainable Development. The Committee recalls the importance of Goal 5 and

of the mainstreaming of the principles of equality and non-discrimination

throughout all 17 Goals. It urges the State party to recognize women as the

driving force of the sustainable development of the State party and to adopt

relevant policies and strategies to that effect.

Parliament

The Committee stresses the crucial role of the legislative power in ensuring

the full implementation of the Convention (see

A/65/38,

part two, annex VI). It

invites the Folketing of Denmark, the Inatsisartut of Greenland and the Løgting

of the Faroe Islands, in line with their mandates, to take the necessary steps

regarding the implementation of the present concluding observations between

now and the submission of the next periodic report under the Convention.

Principal areas of concern and recommendations

General context

10. The Committee commends the State party for upholding its advanced social

model, characterized by social redistribution, high unemployment benefits and a large

public sector, while, at the same time, maintaining a competitive economy,

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dependable welfare and low unemployment and poverty rates, which the Committee

also considers to be a strong basis for gender-responsive COVID-19 response and

recovery strategies, including under the NextGenerationEU recovery plan. However,

the Committee is concerned about the prevalence of gender-based violence against

women, including domestic violence, and the feminization of poverty, which

disproportionately affects women and girls belonging to disadvantaged and

marginalized groups, who face multiple and intersecting forms o f discrimination,

throughout the territory of the State party.

11.

In line with its guidance note on the obligations of States parties to the

Convention in the context of COVID-19, issued on 22 April 2020, the Committee

recommends that the State party:

(a)

Consolidate the Danish social model throughout the State party as a

driving force for sustainable change, and use it as a catalyst for implementing

measures, in the context of the COVID-19 pandemic, to redress long-standing

inequalities between women and men by placing women and girls at the centre

of recovery strategies, in accordance with the 2030 Agenda, paying particular

attention to unemployed women and women living in poverty, women belonging

to ethnic or national minorities, indigenous women, older women, women with

disabilities, migrant, refugee and asylum-seeking women, and lesbian, bisexual

and transgender women and intersex persons;

(b)

Take action to ensure that, in the context of restrictions on freedom of

movement, sanitary measures and post-crisis recovery plans, women and girls

are not relegated to discriminatory, stereotypical gender roles;

(c)

Review its strategies to ensure that all COVID-19 crisis response and

recovery efforts, including the State party’s emergency measures are aimed at

effectively preventing gender-based violence against women and girls; guarantee

the equal participation of women and girls in political and public life and in

decision-making in the context of recovery efforts, as well as economic

empowerment and service delivery; and are designed so that women and girls

benefit equally from stimulus packages, including financial support for unpaid

care roles, that are aimed at mitigating the socioeconomic impact of the

pandemic;

(d)

Ensure that measures taken to contain the pandemic do not limit the

access of women and girls, including those belonging to disadvantaged and

marginalized groups, to justice, protection from gender-based violence,

education, employment and health care, including sexual and reproductive

health services;

(e)

Ensure a central and strategic role for the principles of equality and

non-discrimination in the allocation of funds under the NextGenerationEU

recovery plan.

Visibility of the Convention, the Optional Protocol thereto and the Committee’s

general recommendations

12. The Committee welcomes the fact that its previous concluding observations

were translated into Danish and disseminated to all relevant ministries by the Ministry

of Foreign Affairs, with clear indications of responsibiliti es for the follow-up and

implementation of the Convention and the Committee’s recommendations. The

Committee also welcomes the fact that the Convention and the Optional Protocol

thereto have been published online in Danish, and that the Convention and the

Committee’s jurisprudence are regularly invoked and considered in cases before the

Refugee Appeals Board. The Committee nevertheless notes with concern the lack of

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court cases in which the Convention has been invoked, as well as the general lack of

awareness of the Convention and the Committee’s jurisprudence under the Optional

Protocol among government officials and women themselves in the State party, in

particular in Greenland and the Faroe Islands, which may prevent them from claiming

their rights under the Convention and from availing themselves of the

communications or inquiry procedure under the Optional Protocol.

13.

Recalling its previous recommendation (CEDAW/C/DNK/CO/8, para. 10),

the Committee recommends that the State party:

(a)

Disseminate and give more publicity to the Convention, the Optional

Protocol thereto and the Committee’s concluding observations and general

recommendations, as well as its recommendations on individual communications

and inquiries under the Optional Protocol;

(b)

Consider establishing a comprehensive implementation mechanism

for the present concluding observations, with the participation of the

Governments of Denmark, Greenland and the Faroe Islands, while respecting

the autonomy of the self-governing territories and the principle of subsidiarity,

and involve in this mechanism the Danish Institute for Human Rights, the

Human Rights Council of Greenland and a body equivalent to the Human Rights

Council of Greenland in the Faroe Islands, as well as non-governmental

organizations (NGOs) that promote women’s rights and gender equality, taking

into account the four key capacities of a national reporting and follow -up

mechanism: engagement, coordination, consultation and information

management;

(c)

Raise awareness among women of their rights under the Convention

and of the legal remedies available to them to claim those rights, including in

Greenland and the Faroe Islands;

(d)

Strengthen relevant capacity-building programmes for judges,

prosecutors, police officers and other law enforcement officials, as well as

lawyers.

Legislative framework, legal status of the Convention and harmonization of laws

14. The Committee welcomes the fact that gender impact assessments of 120 draft

laws have been carried out since 2013. The Committee notes the explanation provided

by the State party that there are currently no plans to incorporate the Convention into

its national legal order and that it does not consider gend er-neutral legislation and

policies to be impediments to the fulfilment of its obligations under the Convention.

However, reiterating its previous concerns (CEDAW/C/DNK/CO/8, paras. 11 and 38),

the Committee notes with concern:

(a) The lack of incorporation of the Convention into national law, which may

have adverse effects on women and girls throughout the State party, including in

Greenland and the Faroe Islands, and may prevent the State party fr om adopting

temporary special measures in accordance with article 4 (1) of the Convention and

the Committee’s general recommendation No. 25 (2004) on the subject, aimed at

accelerating the achievement of substantive equality of women and men, as Danish

courts may consider such measures discriminatory;

(b) The lack of a comprehensive definition of discrimination against women,

including direct and indirect discrimination in the public and private spheres and

intersecting forms of discrimination;

__________________

See

www.ohchr.org/Documents/Publications/HR_PUB_16_1_NMRF_PracticalGuide.pdf

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legislation, policies and programmes, which makes an evaluation of the situation of

women, including women belonging to disadvantaged and marginalized groups,

difficult and may lead to inadequate protection of women from direct and indirect

discrimination, as well as impede the achievement of substantive equality of women

and men. In this regard, the Committee recalls its general recommendation No. 28

(2010) on the core obligations of States parties under article 2 of the Convention

(paras. 5 and 16).

15.

Reiterating its previous recommendations (CEDAW/C/DNK/CO/8, paras. 12

and 40), the Committee recommends that the State party:

(a)

Review its decision not to incorporate the Convention into its national

legal order;

(b)

Accelerate the harmonization of legislation, while respecting the

autonomy of the self-governing territories and the principle of subsidiarity, and

adopt a comprehensive definition of discrimination against women, including

direct and indirect discrimination in the public and private spheres and

intersecting forms of discrimination, and ensure its consistent application

throughout the territory of the State party;

(c)

Include gender-sensitive rather than gender-neutral language in its

legislation, policies and programmes, in accordance with the Committee’s

general recommendation No. 28, and comprehensively assess the gender-neutral

approach in legislation and policymaking, with an emphasis on the potential

adverse effects of gender-neutral policies on public funding programmes for

women.

National machinery for the advancement of women

16. The Committee welcomes the fact that the Danish Institute for Human Rights

was designated as the national equality body, in accordance with directives of the

European Union on the equal treatment of all persons without discrimination on the

grounds of gender, race or ethnic origin, and that it functions as the national human

rights institution of Denmark and of Greenland. The Committee also welcomes the

close cooperation of the Institute with the Human Rights Council of Greenland, a

politically independent council established by law in November 2018, in accordance

with the principles relating to the status of national institutions for the promotion and

protection of human rights (the Paris Principles). The Committee, however, notes with

concern:

(a) The lack of a long-term strategy and action plan on promoting women’s

rights and gender equality;

(b) The 2019 amendment to the Law on Gender Equality, which changed the

frequency of gender equality reporting from two to three years at the municipal level,

a development that may have a negative impact on gender mainstreaming;

(c)

The lack of an overall integrated strategy for gender mainstreaming;

(d) The fact that the mandate of the Danish Institute for Human Rights does

not cover the Faroe Islands and that there is no body equivalent to the Human Rights

Council of Greenland in the Faroe Islands;

(e) The fact that the Human Rights Council of Greenland, whose members

work on a pro bono basis, lacks sufficient human, technical and financial resources

to effectively carry out its mandate.

17.

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(a)

Adopt a long-term strategy and action plan designed to promote

gender parity in the public and private spheres by 2030, in addition to the annual

gender equality action plans;

(b)

Revise the national strategy for future gender mainstreaming

assessment work in the public sector of 2013 and introduce an integrated

approach to gender mainstreaming to achieve equality between women and men,

as well as effective monitoring and accountability mechanisms, including by

continuing to systematically conduct gender impact assessments of legislation,

ensuring that implementation is evaluated on the basis of compliance with

relevant targets and indicators and disaggregated data collection, including with

regard to women and girls with disabilities;

(c)

Carry out a comprehensive study to evaluate the impact of the

legislative amendment that changed the frequency of gender equality reporting

at the municipal level from two to three years, and take remedial action, if

necessary;

(d)

Adopt a gender mainstreaming strategy to achieve equality between

women and men, extend the mandate of the Danish Institute for Human Rights

to cover the Faroe Islands and establish, in the Faroe Islands, a body equivalent

to the Human Rights Council of Greenland, with sufficient human, technical and

financial resources to effectively carry out its mandate to promote and protect

women’s rights;

(e)

Provide the Human Rights Council of Greenland with sufficient

human, technical and financial resources to effectively carry out its mandate to

promote and protect women’s rights, in cooperation with the Danish Institute for

Human Rights.

Temporary special measures

18. The Committee notes the statement by the delegation of the State party that

progress made in ensuring gender balance in the boards of directors of private

companies has been insufficient and that it plans to extend the application of gender

equality legislation to management positions. The Committee is nevertheless

concerned that women are absent from the boards of directors of mo re than half of

the 2,200 largest private Danish companies, that the formula for calculating women’s

representation in executive boards was amended in 2016 such that a board with two

women and five men would be considered to reflect equal gender representa tion and

that the State party, including the parliament, is reluctant to adopt temporary special

measures as a means of advancing the achievement of substantive equality of women

and men in all areas covered by the Convention and at all levels where women are

underrepresented or disadvantaged, in particular in Greenland and the Faroe Islands.

19.

Reiterating its previous recommendations (CEDAW/C/DNK/CO/8, para. 16),

the Committee recommends that the State party make use of temporary special

measures, in accordance with article 4 (1) of the Convention and the Committee’s

general recommendation No. 25, and provide incentives such as gender

scorecards, strengthen targeted recruitment and establish time-bound goals and

quotas in all areas covered by the Convention and at all levels where women are

underrepresented or disadvantaged in both the public and private sectors,

including private companies, in order to significantly increase the number of

women who are members of boards of directors and the number of women in

management positions. The Committee also recommends that the State party

implement temporary special measures to accelerate the achievement of de facto

equality for women belonging to disadvantaged groups, such as migrant women,

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older women, women with disabilities, indigenous women, lesbian, bisexual and

transgender women and refugee and asylum-seeking women.

Gender-based violence against women

20. The Committee commends the State party for placing lack of free consent at the

centre of its new definition of rape, adopting a specific provision on psychological

violence and abuse, establishing a hotline for victims of sexual violence and new

shelters for women who are victims of gender-based violence, including domestic and

sexual violence, and strengthening the free psychosocial counselling and assistance

provided to victims, including by increasing funds for NGOs that provide ambulatory

counselling services. The Committee appreciates the consideration by the State party

of new forms of gender-based violence against women, particularly in the online

sphere, and the priority action taken to prevent such violence being inflicted to young

women. The Committee notes the explanation given by the State party that, despite

the use of gender-neutral language, its action plans to combat gender-based violence

take into account the fact that women are disproportionately affected by such

violence. The Committee nevertheless notes with concern:

(a) That the concept of consent is not defined in the context of the new

definition of rape, that awareness-raising and education with regard to the new

definition are reportedly insufficient and that the new definition applies neither in

Greenland nor in the Faroe Islands;

(b) That referring to gender-based violence against women as “violence in

close relationships”, including in the context of the new criminal provision on

psychological violence in section 243 of the Criminal Code, may result in a lack of

gender-disaggregated data on violence and obscure the fact that women are

overwhelmingly the victims of such violence, in addition to resulting in a lack of

appropriate action to address these challenges;

domestic violence, in particular during the COVID-19 pandemic, and the number of

places in shelters available for women victims in the State party;

(d) The high incidence of sexual violence against women with disabilities, in

particular intellectual or psychosocial disabilities;

(e) The reported high prevalence of sexual harassment in the workplace and

the education system, despite the numerous initiatives of the State party to combat

this phenomenon;

(f) The high level of gender-based violence against women and girls,

including sexual and domestic violence, in Greenland, and the fact that the

Greenlandic Strategy and Action Plan against Violence (2014–2017) has not been

renewed;

(g) The overall lack of disaggregated data on gender-based violence against

women and girls in Greenland and the Faroe Islands, in particular with regard to

women belonging to ethnic or national minorities, women with disabilities and

migrant women;

(h) That the State party declared, upon ratification of the Coun cil of Europe

Convention on Preventing and Combating Violence against Women and Domestic

Violence (Istanbul Convention), that that instrument does not apply to Greenland and

the Faroe Islands.

21.

Reiterating its previous recommendations (CEDAW/C/DNK/CO/8, para. 18),

and recalling its general recommendation No. 35 (2017) on gender-based violence

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against women, updating general recommendation No. 19, the Committee

recommends that the State party:

(a)

Define consent in the new criminal provision on rape, strengthen

awareness-raising and education with regard to the new definition of rape,

specifically targeting young women and men, and introduce the consent-based

definition of rape in Greenland and the Faroe Islands;

(b)

Strengthen its legislative and policy framework on domestic violence,

with a special focus on women who are victims of violence throughout the

territory of the State party and avoiding the use of gender-neutral terms, in

accordance with the Istanbul Convention, and ensure the application of the new

section 243 in the Criminal Code on psychological violence and abuse to cases in

which women, in particular women belonging to certain ethnic and religious

groups, are retained in marriages against their will, while at the same time

specifically criminalizing such retention, as well as religious marriages of girls

and boys;

(c)

Provide sufficient numbers of shelters, which must be accessible, for

women who are victims of gender-based violence, taking into account their

specific needs, including the need to avoid their relocation in the event that

designated shelters are fully occupied;

(d)

Take urgent measures to address the high rate of sexual violence

against women with disabilities, in particular intellectual or psychosocial

disabilities;

(e)

Ensure that victims of sexual harassment in the workplace and the

education system have access to effective remedies, take steps to provide for the

liability of employers for sexual harassment in the workplace if they have taken

insufficient measures to prevent such harassment, encourage employers to

regularly review their company culture and accelerate the establishment of a

whistle-blower hotline for reporting unlawful behaviour, including sexual

harassment;

(f)

Evaluate the Greenlandic Strategy and Action Plan against Violence

(2014–2017) and adopt a new strategy and action plan to combat gender-based

violence, including sexual and domestic violence, against women and girls,

including women and girls with disabilities, linking it to the prevention of

suicide, substance abuse and the action plan on parental neglect, with clear goals

and mechanisms for prevention, monitoring and follow-up, and continue to

implement measures under the Alliaq programme, which targets perpetrators of

domestic violence, and under the expired strategy;

(g)

Ensure the collection and analysis of data, disaggregated by sex, age,

nationality and disability, on gender-based violence against women and girls in

Greenland and the Faroe Islands;

(h)

Extend the application of the Istanbul Convention to Greenland and

the Faroe Islands.

Trafficking and exploitation of prostitution

22. The Committee welcomes the efforts made by the State party to prevent and

combat trafficking in persons, in particular women and girls, including by engaging

in international cooperation and awareness-raising initiatives and also by awarding

compensation to victims of trafficking, including those trafficked for the purposes of

exploitation of prostitution, through its Criminal Injuries Compensation Board. The

Committee is nevertheless concerned at:

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(a) The lack of comprehensive information and comprehensible data about

women and girls recognized as victims of trafficking, particularly in Greenl and and

the Faroe Islands;

(b) The low number of criminal investigations and prosecutions in relation to

reported cases of trafficking, which may stem in part from the fact that women victims

of trafficking who are undocumented or in an otherwise irregula r situation are at risk

of deportation, which discourages them from seeking victim assistance services;

(c)

The fact that traffickers increasingly target victims through the Internet;

(d) The limited and insufficient human, technical and financial resour ces

available to the anti-trafficking unit within the Department of Violent Crimes of the

Copenhagen Police as some of the resources have been reallocated to combat other

forms of serious crimes. In that connection the Committee takes note of the State

party’s plan to establish a new national investigation unit.

23.

Recalling its previous recommendations (CEDAW/C/DNK/CO/8, para. 20)

and its general recommendation No. 38 (2020) on trafficking in women and girls

in the context of global migration, the Committee recommends that the State

party:

(a)

Continue to raise awareness about trafficking in persons, in particular

women and girls, and systematically collect comprehensive information and

relevant statistical data about victims of trafficking, disaggregated by sex, age,

nationality, employment and economic status, in particular in Greenland and the

Faroe Islands, and report them to the Committee in its next periodic report;

(b)

Adopt a human rights-based approach in its efforts to combat

trafficking, emphasizing the status of women as victims of trafficking rather than

criminalizing them; prioritize the prevention of trafficking and retrafficking,

protection of victims and prosecution of perpetrators; and revise immigration

policies to ensure that laws and policies on the deportation of migrant women

are not applied in a discriminatory manner, do not deter migrants, refugees and

asylum seekers from reporting crimes of trafficking and do not undermine

efforts to prevent trafficking in persons, identify or protect victims, or prosecute

perpetrators;

(c)

Raise awareness, including at school and among families, about the

risks of trafficking, including the recruitment of victims through the Internet;

(d)

Reassign the necessary human, technical and financial resources to the

anti-trafficking unit within the Department of Violent Crimes of the Copenhagen

Police to enable it to carry out its mandate to detect and investigate crimes of

trafficking in persons effectively.

24. The Committee notes that the State party considers prostitution a social problem

and notes also the existence of exit programmes for women who wish to leave

prostitution in the largest municipalities, funded in the amount of 55 million Danish

kroner for the period 2020–2023, and the provision of additional public funding for

programmes operated by NGOs with a view to preventing new forms of sexual

exploitation, such as prostitution-like relationships between young people. The

Committee is, however, concerned at the lack of comprehensive information and

disaggregated data on women and girls who are exploited in prostitution, including

in Greenland and the Faroe Islands.

25.

The Committee recommends that the State party collect and analyse data

on women and girls who are exploited in prostitution, in particular

non-nationals, including in Greenland and the Faroe Islands, and conduct

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research on the living conditions of women in prostitution, and report on the data

and results of the study in the next periodic report.

Participation in political and public life

26. The Committee welcomes the fact that 39 per cent of the members of the

parliament, the Danish Prime Minister, 7 of the 14 Danish members of the European

Parliament, 39 per cent of the members of the Inatsisartut (the parliament of

Greenland), three out of five mayors in Greenland, the Head of the Greenland

Representation in Copenhagen and 46.6 per cent of the members of executive boards

of public companies in Greenland are women. The Committee, however, notes with

concern that:

(a) Only 7 out of 20 ministers and 13 per cent of mayors in Denmark are

women, and that women’s political representation is stagnating; that only three out of

nine members of the Naalakkersuisut (the Government of Greenland) are women, and

that not all political parties in the Faroe Islands followed the recommendation of

Demokratia, an independent committee established to encourage more women to

participate in political life, to include an equal numbe r of women and men in their

electoral lists for parliamentary and municipal council elections;

(b) Sexism and misogyny in public and political life are causing women to

refrain from participating in political and public life, including in public online

debates, and that the perpetrator in a case involving multiple counts of sexual

harassment reported by women politicians and political party members was sentenced

to 60 days in prison in January 2021.

27.

Reiterating its previous recommendations (CEDAW/C/DNK/CO/8, para. 24),

and recalling its general recommendation No. 23 (1997) on women in political

and public life, the Committee recommends that the State party:

(a)

Adopt an action plan, including temporary special measures such as

statutory quotas or incentives to encourage political parties to include an equal

number of women and men in their electoral lists, especially at the municipal

level, and in Greenland and the Faroe Islands, to accelerate women’s equal

representation in political and public life and to strengthen gender equality and

inclusion in governance, with the goal of achieving gender parity by 2030;

(b)

Adopt strategies and programmes to prevent violence that women

experience online and offline in public debate; put in place effective law

enforcement measures to hold social media companies liable for unlawful user-

generated content, and strengthen preventive measures against sexual

harassment in Greenland, including by requiring all political parties to develop

policies to promote gender equality and combat sexual harassment.

Nationality

28. The Committee welcomes the measures, including legislative amendments,

taken by the State party to prevent and reduce statelessness, including of women and

girls. It is, however, concerned that:

(a) Children, including girls, born stateless in the State party, must apply for

citizenship before reaching adulthood;

(b) Women and girls who are second-generation and third-generation migrants

have limited avenues for acquiring Danish citizenship.

29.

Reiterating its previous recommendation (CEDAW/C/DNK/CO/8, para. 26),

and recalling its general recommendation No. 32 (2014) on the gender-related

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dimensions of refugee status, asylum, nationality and statelessness of women, the

Committee recommends that the State party:

(a)

Ensure that, by law, children born in Denmark, including girls, are

automatically granted Danish citizenship if they would otherwise be stateless;

(b)

Streamline procedures for the acquisition of Danish citizenship for

women and girls who are second-generation and third-generation migrants.

Education

30. The Committee welcomes the efforts of the State party to eliminate

discrimination against women and gender-based stereotyping in the education system

and the progress achieved thus far, including by providing substantial public funding

to the Inge Lehmann talent programme and the Girls’ Day in Science campaign,

among other such initiatives; conducting campaigns aimed at raising awareness

among young people, including girls and young women, of online harassment and

digital literacy; and educating migrant, refugee and ethnic minority women and

schoolgirls about women’s rights and gender equality. It also welcomes the fact that

girls and women are excelling in upper secondary and tertiary education in Greenland.

The Committee is, however, concerned about:

(a) Persisting gender segregation in education at all levels and the low number

of women and girls choosing non-traditional fields of study and career paths;

(b)

The low number of women in high-level academic posts;

rights for teachers at the upper secondary school level;

(d) The comparatively low number of children, including girls, with

disabilities completing school and vocational or university education, their higher -

than-average dropout rates owing to insufficient efforts to improve their inclu sion and

the overall lack of relevant data, disaggregated by sex and type of disability.

31.

Reiterating its previous recommendations (CEDAW/C/DNK/CO/8, paras. 28

and 32), and recalling its general recommendation No. 36 (2017) on the right of

girls and women to education, the Committee recommends that the State party

raise awareness of the importance of girls’ education at all levels as a basis for

their empowerment, and:

(a)

Continue to promote the participation of women and girls in

non-traditional fields of study and career paths, in particular in science,

technology, engineering and mathematics and in information and

communications technology;

(b)

Consider introducing temporary special measures, such as a

mandatory statutory quota, to ensure the equal representation of women and

men in high-level academic posts;

(c)

Swiftly conclude the process of updating teaching guidelines to ensure

that gender-sensitive, age-appropriate and accessible education on sexual and

reproductive health is included in school curricula to foster responsible sexual

behaviour with a view to preventing early pregnancies and sexually transmitted

infections, including by providing teachers at all levels of the education system

and throughout the territory of the State party with systematic training on sexual

and reproductive health and rights;

(d)

Strengthen its measures to improve the inclusion of girls with

disabilities in the mainstream education system and include in its next periodic

report information and statistical data, disaggregated by sex and type of

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disability, on school attendance, dropout rates and access to vocational and

university education for children with disabilities.

Employment

32. The Committee welcomes the entry into force of the maternity equalization

scheme for self-employed persons and the extension of maternity leave periods and

shared parental leave quotas in Greenland, the fact that women participate on an

almost equal footing with men in the labour market in Denmark and that the

participation of women in the labour market is at 83 per cent in the Faroe Islands, and

the results achieved with programmes and policies to integrate migrant women into

the labour market and society as a whole. The Committee is, however, concerned at:

(a) The stagnation of the adjusted gender wage gap in a vertically and

horizontally segregated labour market and academia; the lack of transparency of the

methodology for the determination of what constitutes “ work of equal value” owing

to the lack of a legal definition; the limits on access to relevant data that would enable

women to examine whether their right to equal pay for work of equal value has been

violated; and the fact that only companies with at least 35 employees, of which at

least 10 are women and 10 are men, must submit gender equality reports, including

on their wage statistics;

(b) The fact that mothers take more parental leave than fathers, and women,

on average, perform one hour more of housework per day than men;

and hiring practices in the labour market, in particular against women belonging to

disadvantaged and marginalized groups;

(d) The persistently low participation of migrant women in the labour market

and the lack of data on the participation of women with disabilities in the labour

market, which was reported to stand at 50.2 per cent in 2016, according to the most

recent data available, based on surveys that are cross-checked with public health

system and social services registers.

33.

Recalling its previous recommendations (CEDAW/C/DNK/CO/8, paras. 30

and 51), the Committee recommends that the State party:

(a)

In order to narrow and eventually close the gender wage gap, revise

the Equal Pay Law by defining the concept of “equal work of equal value” in

conformity with the Equal Remuneration Convention, 1951 (No. 100), of ILO;

ensure that women employees and their union representatives have full access to

wage information and statistics enabling women to examine whether their right

to equal pay for equal work of equal value has been violated; and improve gender

wage gap statistics by ensuring that more employers and companies are subject

to reporting obligations;

(b)

Implement measures to ensure the equal participation of both parents

in family responsibilities, including with regard to shared parental leave quotas;

(c)

Implement measures to prevent gender-based discrimination in the

design of algorithms under the 2019 national strategy for artificial intelligence;

(d)

Collect comprehensive data on the participation of migrant women

and of women with disabilities in the labour market and provide such

information in the next periodic report;

(e)

Ratify the Domestic Workers Convention, 2011 (No. 189), of ILO.

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Health

34. The Committee welcomes the frequent use of e-medicine, benefiting women and

girls, especially during the pandemic, and legislation and the 2020 action plan on

mental health providing for free psychological counselling, including for women and

girls, in the Faroe Islands. It notes the sharp decline in premature births during the

pandemic. The Committee is nevertheless concerned about:

(a) The State party’s reportedly having the highest incidence rates of all types

of cancer combined in Europe, and a very low percentage of women with disabilities,

in particular in special needs residences, taking part in free national cervic al or breast

cancer screening;

(b) The high prevalence of suicide and suicide attempts, including among

girls, in Greenland;

infections among women and girls in Greenland;

(d) The possibility of criminalization of women in the Faroe Islands seeking

abortion and not enjoying the same access to sexual and reproductive health services,

including to safe abortion and post-abortion services, as women in Denmark and

Greenland, causing some women in the Faroe Islands to travel to Denmark for an

abortion or to purport to be severely mentally ill so as to be unable to care for a child.

35.

Recalling its previous recommendations (CEDAW/C/DNK/CO/8, para. 32),

the Committee recommends that the State party:

(a)

Continue to collect and analyse information and data on the causes of

the high incidence of cancer in women and report on them in the next periodic

report, and set specific targets to increase the participation of women with

disabilities in free national cancer screening;

(b)

Collect comprehensive data on the causes of the high prevalence of

suicide, including among girls, in Greenland and report thereon, including on

measures taken to address them, in its next periodic report;

(c)

Collect comprehensive data on the causes of the high abortion rate in

Greenland; ensure that education on sexual and reproductive health and rights

at all levels of education is gender-sensitive, age-appropriate, accessible and

fosters responsible sexual behaviour, with a view to preventing early pregnancies and

sexually transmitted infections; ensure access for all girls and young women to sexual

and reproductive health services and to modern contraceptives, in particular in rural

areas; and provide appropriate health-care services to women in Greenland

during pregnancy, birth and the postnatal period and to their children;

(d)

Remove punitive measures for women seeking abortion and consider

amending the abortion law in the Faroe Islands, which dates back to 1956, and

passing an abortion law that provides equal access to safe and legal abortion and

post-abortion services for women in the Faroe Islands, as in Denmark and

Greenland, especially in cases of complications resulting from unsafe abortions.

Economic empowerment of women

36. The Committee commends the State party for its efforts undertaken to increase

the number of women entrepreneurs, including in most innovative sectors such as

artificial intelligence and other technologically advanced fields, and for its

international cooperation programmes. The Committee takes note of the existing rules

and regulations governing exploration and mining operations. It notes with concern,

however, that:

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(a) The disparity between men and women in the digital economy and

artificial intelligence impedes the empowerment of women and constitutes a new

source of structural discrimination;

(b) The continuing and expanding extraction of carbon and mineral resources,

as well as the large infrastructure projects in Greenland, may displace women from

their lands and deprive them of their livelihoods;

(c)

37.

Only 5 per cent of farmland is owned by women.

The Committee recommends that the State party:

(a)

Ensure that the 2019 national strategy for artificial intelligence

ensures gender equality between women and men in the digital economy and

prevents discrimination for the benefit of women and sustainable change;

(b)

Review its energy and mining policies, especially its policy on the

extraction of carbon and mineral resources in Greenland, to ensure that they do

not disproportionately affect women adversely, and ensure the participation of

women, on an equal basis with men, in decision-making processes regarding such

policies, including in environmental and social impact assessments;

(c)

Review practices that may impede land ownership by rural women

and adopt legislation to protect their right to own land.

Climate change and disaster risk reduction

38. The Committee commends the State party on the measures taken to address the

climate crisis. It is, however, concerned about the lack of data and research on the

gender-specific impact of the climate crisis potentially affecting the indigenous

population, including women, in Greenland.

39.

Recalling its general recommendation No. 37 (2018) on the gender-related

dimensions of disaster risk reduction in the context of climate change, the

Committee recommends that the State party provide the necessary resources t o

the Danish Institute for Human Rights to finalize its examination of the State

party’s international human rights obligations to prevent the negative impact of

climate change; that the State party conduct a study on the gender-specific impact

of climate change on women in Greenland, in particular women dependent on

traditional Inuit livelihoods; and that the State party report on the results of the

study in its next periodic report. It also recommends that the State party take

measures to ensure the participation of women, on an equal basis with men, in

decision-making processes related to the climate crisis and consider participating

in the Adaptation Fund, established under the Kyoto Protocol to the United

Nations Framework Convention on Climate Change, including through financial

contributions, with the aim of mainstreaming gender in climate finance.

Marriage and family relations

40. The Committee welcomes recent amendments to the legislation on the formation

and dissolution of marriage prohibiting child marriage. It is, however, concerned that:

(a) Recent legislative amendments require women with temporary protection

status to wait for three years for family reunification, unless exceptional

circumstances are present;

(b) Women with residence status obtained on the basis of a family

reunification procedure may – based on an individual assessment – lose this status

upon divorce.

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41.

Recalling its general recommendation No. 32 and general recommendation

No. 30 (2013) on women in conflict prevention, conflict and post-conflict

situations, the Committee recommends that the State party:

(a)

Reverse legislative and administrative barriers to family reunification

for women who are beneficiaries of international protection;

(b)

Apply the legal provisions concerning residence status on the basis of

family reunification to all migrant and refugee women regardless of marital status.

Dissemination

42.

The Committee requests the State party to ensure the timely dissemination

of the present concluding observations, in the official language of the State party,

to the relevant State institutions at all levels (national, regional and local), in

particular to the Government, the Folketing of Denmark, the Inatsisartut of

Greenland and the Løgting of the Faroe Islands, and the judiciary, in Denmark

and in Greenland and the Faroe Islands, to enable their full implementation.

Ratification of other treaties

43.

The Committee notes that the adherence of the State party to the nine major

international human rights instruments

would enhance the enjoyment by

women of their human rights and fundamental freedoms in all aspects of life.

The Committee therefore encourages the State party to ratify the International

Convention on the Protection of the Rights of All Migrant Workers and Members

of Their Families, to which it is not yet a party. It also recommends that the State

party extend the territorial application of the Optional Protocol to the

Convention on the Rights of the Child on a communications procedure, acceded

to on 7 October 2015, to Greenland and the Faroe Islands.

Follow-up to the concluding observations

44.

The Committee requests the State party to provide, within two years,

written information on the steps taken to implement the recommendations

contained in paras. 11 (a), 15 (b), 21 (a) and 35 (b) above.

Preparation of the next report

45.

The Committee requests the State party to submit its tenth periodic report,

which is due in 2025. The report should be submitted on time and cover the entire

period up to the time of its submission.

46.

The Committee requests the State party to follow the harmonized

guidelines on reporting under the international human rights treaties, including

guidelines on a common core document and treaty-specific documents

(HRI/GEN/2/Rev.6, chap. I).

__________________

The International Covenant on Economic, Social and Cultural Rights; the International Covenant

on Civil and Political Rights; the International Convention on the Elimination of Al l Forms of

Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against

Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment; the Convention on the Rights of the Child; the I nternational Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families; the International

Convention for the Protection of All Persons from Enforced Disappearance; and the Convention

on the Rights of Persons with Disabilities.

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