Council of Europe

• Council of Europe
• Human Rights and Rule of Law
• European Social Charter

― Denmark and the European Social Charter ―

Ratifications

Denmark ratified the European Social Charter on 03/03/1965. It ratified the Additional Protocol on 27/08/1996. It has accepted 45 of the 72 paragraphs of the Charter and all 4 Articles of the Protocol.

Denmark has signed, but not yet ratified the the Revised Charter and the Additional Protocol providing for a system of collective complaints.
Table of Accepted Provisions

The Charter in domestic law

Statutory ad hoc incorporation by specific implementing legislation.

Reports *

Between 1968 and 2012, Demark submitted 31 reports on the application of the Charter.

The 30^th report, submitted on 10 March 2011, concerns the provisions accepted by Denmark relating to Thematic Group 4 “Children, families, migrants” (Article 8§1, 16 and 17). Conclusions in respect to these provisions were published in January 2012.

The 31^st report, submitted on 24 February 2012, concerns the provisions accepted by Denmark relating to Thematic Group 1 “Employment, training and equal opportunities” i.e.

- the right to work (Article 1),
- the right to the right to vocational guidance (Article 9),
- the right to vocational training (Article 10),
- the right of persons with disabilities to independence, social integration and participation in the life of the community (Article 15),
- the right to engage in a gainful occupation in the territory of other States Parties (Article 18),
- the right of men and women to equal opportunities (Article 1 of the Additional Protocol).

Conclusions in respect of these provisions will be published in December 2012.
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^* Following a decision taken by the Committee of Ministers in 2006, the provisions of both the 1961 Charter and the Revised Charter have been divided into four thematic groups. States present a report on the provisions relating to one of the four thematic groups on an annual basis. Consequently each provision of the Charter is reported on once very four years.

Situation of Denmark with respect to the application of the Charter

Examples of progress achieved in the implementation of social rights under the Social Charter ¹
Thematic Group 1 “Employment, training and equal opportunities”

► Law No. 1385 of 21 December 2005 on equal opportunities removed the upper limit to compensation in employment discrimination cases.

► Sections 198 and 199 of the Criminal Code which provided for criminal sanctions to be applied in cases of deliberate idleness or lack of means of subsistence were repealed (Act No. 141/1999).

► Prohibition of both direct and indirect discrimination in the labour market with regard to race, colour, religion, political opinion, sexual orientation and national, social or ethnic origin (1996 Act on prohibition against discrimination in the labour market).

Thematic Group 3 “Labour rights”

► Strengthened protection against dismissal on grounds related to association membership (Act No. 285/1982 amended by Act No. 443/1990).

Thematic Group 4 “Children, families, migrants”

► The Children Act No. 460/2001 introduced new paternity rules and abolished the distinction between children born out of wedlock and legitimate children.

Cases of non-conformity

Thematic Group 1 “Employment, training and equal opportunities”

► Article 10§4 – Right to vocational training - Encouragement for the full utilisation of available facilities
Nationals of other states party to the Charter and the Revised Charter residing or working lawfully in Denmark are not treated on an equal basis with Danish nationals with regard to financial assistance for education and training.
(Conclusions XIX-1 (2008))

► Article 15§1 – Right of physically or mentally disabled persons to vocational training, rehabilitation and social resettlement - Education and training for persons with disabilities
There is no legislation explicitly protecting persons with disabilities from discrimination in the field of education.
(Conclusions XIX-1 (2008))

►Article 18§3 – Liberalising regulations - Right to engage in a gainful occupation in the territory of other States Parties
Regulations governing access to the national labour market, exercise of the right to employment and consequences of loss of job have not been liberalised.
(Conclusions XIX-1 (2008))

Thematic Group 2 “Health, social security and social protection”

► Article 12§4 - Right to social security - Social security of persons moving between states
The principle of equal treatment for nationals of other States Parties is not guaranteed in matters of social security:
- the residence requirement imposed on nationals of states not covered by Community regulations or bound by bilateral agreement with Denmark for entitlement to an early retirement pension for persons with disabilities or to ordinary old-age pensions is excessive;
- the retention of accrued benefits for persons moving to a State Party which is not covered by Community regulations or not bound by an agreement with Denmark is not guaranteed;
- nationals of States Parties not covered by Community regulations or bound by agreements with the Denmark are not provided with the possibility of accumulating periods of insurance or employment completed in other countries.
(Conclusions XIX-2 (2009))

► Article 13§1 – Right to social and medical assistance - Adequate assistance for every person in need
- the level of the basic social assistance allowance (kontanthjælp) paid to persons under 25 years of age is not adequate;
- the level of starting allowance (starthjælp) paid to persons both under and over 25 years of age is not adequate;
- nationals of other States Parties not bound by the European Economic Area agreement or not covered by agreements concluded by Denmark may be repatriated on the sole ground of being in receipt of social assistance for more than six months, unless they have resided in Denmark for more than 7 years.
(Conclusions XIX-2 (2009))

► Article 4 of the Additional Protocol – Right of the elderly to social protection
It has not been established that there is an adequate legal framework to combat age discrimination outside employment. the level of the starting allowance for single elderly persons is not adequate.
(Conclusions XIX-2 (2009))

Thematic Group 3 “Labour rights”

►Article 2§3 – Right to just conditions of work - Annual holiday with pay
Workers who fall ill or are injured during their holiday are not entitled to take the days lost at another time.
(Conclusions XIX-3 (2010))

►Article 4§2 – Right to a fair remuneration - Increased remuneration for overtime work
It has not been established that flexibile working time arrangements have not impacted
negatively on the right of workers to increased remuneration for overtime. Workers in the private sector do not have adequate legal guarantees ensuring them increased remuneration for overtime.
(Conclusions XIX-3 (2010))

►Article 5 - Right to organise
Legislation on the International Ships Register provides that collective agreements on wages and working conditions concluded by Danish trade unions are only applicable to seafarers resident in Denmark.
(Conclusions XIX-3 (2010))

►Article 6§2 - Right to bargain collectively - Negotiation procedures
The right to collective bargaining of non-resident seafarers engaged on vessels entered in the International Shipping Register is restricted.
(Conclusions XIX-3 (2010))

►Article 6§4 - Right to bargain collectively - Collective action

The Public Mediator's power to apply, without any pre-established criteria, the linkage rule
constitutes an undue restriction of the right to strike. Civil servants employed under the Civil Service Act are denied the right to strike;
(Conclusions XIX-3 (2010))

Thematic Group 4 “Children, families, migrants”

► Article 16 – Right of the family to social, legal and economic protection

The length of residence requirements for ordinary and special child allowances are excessive.

(Conclusions XIX-4 (2011))

► Article 17 – Right of mothers and children to social and economic protection

1. The prison sentence for minors may be up to 20 years, which is excessive
2. Minors can be subject to 8 months of pre-trial detention which may be further extended, which is excessive;
3. Solitary confinement of minors may last 4 weeks, which is excessive

(Conclusions XIX-4 (2011))

The European Committee of Social Rights has been unable to assess compliance with the following provisions and has invited the Danish Government to provide more information in the next report:

Thematic Group 1 “Employment, training and equal opportunities”
(Report to be submitted before 31 October 2011)

► Article 1§3 - Conclusions XIX-1
► Article 18§1 - Conclusions XIX-1

Thematic Group 2 “Health, social security and social protection”
(Report to be submitted before 31 October 2012)

► Article 12§1 - Conclusions XIX-2
► Article 13§3 - Conclusions XIX-2

Thematic Group 3 “Labour rights”
(Report to be submitted before 31 October 2013)

► Article 2§2 - Conclusions XIX-3 (2010)

Thematic Group 4 “Children, families, migrants”
(Report to be submitted before 31 October 2014)

► Article 8§1 - Conclusions XIX-4 (2011)