Denmark / CERD / CERD/C/DNK/CO/22-24

Country

Denmark

Title

Denmark / CERD / CERD/C/DNK/CO/22-24

View full Case

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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