Denmark / CERD / CERD/C/DNK/CO/22-24
Country
Denmark
Year
2022
Decision/ruling/judgment date
Tuesday, February 01, 2022
Incident(s) concerned/related
Discrimination
Related Bias motivation
Race/Ethnicity
Groups affected
eu citizens & nationals with migrant background
Court/Body type
UN Committee
Court/Body
UN CERD Committee
Key facts of the case
CERD submitted its concluding observations on the combined twenty-second to the twenty-fourth periodic review of Denmark on 01 February 2022. The observations concludes on Denmark's latest effort on combatting racial discrimination in line with the Convention on the Elimination of All Forms of Racial Discrimination by its States parties
Main reasoning/argumentation
The Committee delivered a broad range of recommendations to the State party from data collection, legal incorporation, enforcement, linguistic distinctions, the "parallel sociey" policy, hate crime and hate speech, racial profiling among other.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
CERD submitted its concluding observations on the combined twenty-second to the twenty-fourth periodic reports by the Government of Denmark on the implementation of the international convention on the elimination on all forms of racial discrimination
Results (sanctions, outcome) and key consequences or implications of the case
Of particular relevans to hate speech and hate crime, CERD recommended that the State party: i) Removes barriers that prevent victims to report hate crime and hate speech, ii) ensures that all racially motivated crimes are prosecuted, iii) set up a comprehensive data-collection system, iv) continue the dialogue with the Danish National Police and the people most affected with hate crime and v) explicitly prohibits organizations and propaganda activities that promote and incite violence and racial discrimination
Key quotation in original language and its unofficial translation into English with reference details
"The Committee is concerned by the magnitude of underreporting of racist hate crimes and incidents of hate speech in the State party and by the lack of a comprehensive mechanism to collect data on such incidents. The Committee is also concerned by the gap between the number of hate crimes registered by the police, the number of prosecutions, and the number of convictions where article 81 (6) of the Criminal Code was explicitly applied by courts. The Committee is also concerned by the lack of an explicit prohibition in the Criminal Code of organizations that promote racial discrimination, and of participation in such organizations."
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