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EU FP6 Coordination Action on Human Rights Violations Denmark National Report on Law and Policy Addressing Men’s Practices Work Package 81 LeeAnn Iovanni and Keith Pringle 1. Key points a. Governmental communication is primarily constructed in a gender-neutral way. The prevailing discourse is gender equality, which is meant to take into account the differences both between and within gender groups, such that the focus is also on individual self-determination and removing barriers to choice. Men get explicit attention in the national focus on violence against women. b. Gender discrimination is mentioned in relation to violence against women, the prostitution trade, female genital mutilation among certain minority groups, and the gender wage gap. It also relates to fathers’ custody rights. c. A national plan to combat violence against women has resulted in the implementation of several measures to varying degrees. A significant development is a recent law that increases police power to remove violent or threatening persons from the home. Treatment of violent men, albeit voluntary and anonymous, is also getting increased attention. Legislation on violence, rape and on child sexual abuse has recently increased punishment levels. Prostitution and trafficking in women are also getting increased attention. d. Immigration and ethnicity comprise a significant part of government communication across ministries. The anti-immigration sentiment is strong in Denmark. The integration of ethnic minorities in terms of education and employment is high on the political agenda and gender differences in integration patterns are noted. 2. The national legal policy, and political background and context 2.1 Political and governmental system, political composition of national government Denmark is a constitutional monarchy with a unicameral, multiparty parliament. The first Danish Constitution was signed on June 5, 1849. The constitution has been amended a few times since then, in 1866, 1915 and in 1953. In the 1915 revision, a universal right-to-vote was introduced. Social security as a universal right was written into the 1953 revision. The governments of Post-WWI Denmark were characterized by alternating Social Democrat (Socialdemokratiet) and Liberal (Venstre) – actually a right-wing party in the traditional sense – minority cabinets until 1929 when a coalition of Social Democrats and Social Liberals (Det Radikale Venstre) came to power and remained in power until 1940. The Social Democrats held power either alone or in coalition for most of the post-WW II period except from 1982 to 1993, when in 1982 Denmark saw it first Conservative prime minister since 1901, Poul Schülter, who led a Liberal-Conservative minority government. From February 1993 to November 2001, Social Democratic Party chairman Poul Nyrup Rasmussen led a series of center-left minority coalition governments. However, growing numbers of immigrants and refugees throughout the 1990s have led to growing support for populist anti-immigrant sentiments. In November 2001, the far-right Danish People's Party (Dansk Folkeparti) doubled its number of parliamentary seats; this was a key factor in bringing into power a new minority, right-of-center coalition government led by Liberal 1 The work on this report was funded by the Framework 6-funded Coordinated Action on Human Rights Violations (CAHRV-Project PL 506348). 1 Party head Anders Fogh Rasmussen, which tightened immigration laws. Parliamentary elections held February 8, 2005 returned the coalition to government for another term of up to four years. The coalition consists of the Liberal Party and the Conservative Party (Det Konservative Folkeparti) holding 70 of the 179 seats in the Parliament, and has the parliamentary support of the Danish People's Party, holding another 24 seats, the latter figure represented an increased number of seats for the Danish People’s Party which is now the third largest party in the Danish Parliament. The opposition Social Democrats hold 47 seats and the Social Liberals hold 17. The current domestic political agenda will address the costs and benefits of the social welfare system, restraining taxes and immigration issues. 2.2 Main governmental ministries involved in relevant policy development The main governmental ministries involved in relevant policy development include the following: The Ministry of Social Affairs is responsible for the central administration of the Danish social security and benefits system. It assists in the drafting of bills and initiates debate, pilot projects and research that are capable of developing the social area. Its main responsibilities are policy on children at risk, elderly and disabled people and pensions, marginalized groups such as homeless people, people with mental disorders and drug addicts. Within the Ministry of Social Affairs, the Department of Gender Equality headed by the Minister for Gender Equality oversees all activities in the field of gender equality, is responsible for implementing the gender mainstreaming strategy and coordinates the related work in all the other ministries. The Minister lays down rules and guidelines and initiates special measures to promote gender equality and equal opportunities. Gender equality takes into account the differences both between and among women and men so that individual self-determination and removing barriers to choice is part of the discourse. Gender discrimination relates to violence against women, the prostitution trade, and the gender wage gap. It also relates to fathers’ custody rights. Each year, the Minister produces a report and a perspective and action plan for the Parliament. These have outlined various initiatives relative to violence against women, public health, gender mainstreaming, equality in the labor market, etc. The Danish government also formally sponsors the Children’s Council which suggests policy to improve the situation of children. The Children’s Council was established on a trial basis in 1994 and became permanent in 1997. Although it formally consults children, there are no children as members of the Children’s Council. The council advocates generally on behalf of children, but not specifically for individual children. Comparisons are interesting with the positions of Children’s Ombudsmen in Norway and Sweden and with the newly created positions of of Commissioner for Children in the UK. The Ministry of Refugee, Immigration and Integration Affairs was created in November 2001 and subsumes many activities previously handled by other ministries. It handles matters concerning the Aliens Act, the Act on Integration of Aliens in Denmark (the Integration Act), the Repatriation Act, the Act on the Board for Ethnic Equality, the Act on Teaching Danish as a Second Language, international cooperation in the refugee, immigration and integration field, and matters concerning finances, statistics and analyses within the refugee, immigration and integration field as well as matters concerning Danish nationality. It also handles matters concerning the State Secretariat for Urban Regeneration, implementation of proposals from the Urban Committee and matters concerning increased efforts to help socially vulnerable refugees and immigrants. It also handles labor market political initiatives for immigrants and refugees, removal of barriers against employment of immigrants and refugees. The Ministry of Employment is responsible for all measures regarding all types of unemployment assistance and support; sick leave, maternity leave; rules, regulations and labor laws for all workplace conditions and environment; injury 2 compensation; rehabilitation, flex-jobs and activation of the unemployed – the insured as well as the uninsured. It is also responsible for initiating measures relating to promoting the socially inclusive labor market and the social responsibilities of workplaces, as well as all matters related to the employment of socially marginalized groups. The Ministry of Interior Affairs and Health handles matters concerning the administration and financial monitoring of the municipalities and counties, parliamentary as well as local elections, etc. It also handles matters concerning the person registry. With respect to health, it handles general matters concerning planning, coordination and developing of measures in the health care administration, the hospital administration, the public health insurance, municipal-level health care, and the medical officer/health inspection administration. It also handles matters related to pharmaceuticals, pharmacy administration, health promotion and disease prevention, patient’s rights, and ethical matters. 2.3 Legal/policy support for provider model The first social service acts were passed between 1890 and 1922 and the National Assistance Act of 1933 defined social programs as the responsibility of the Danish Government. This act was reaffirmed and updated in 1961 and supplemented by special acts on the deaf, the blind, and “the mentally retarded” (the latter in 1959). All those not covered under any of these acts are eligible for services under the Rehabilitation Act of 1960. General retirement pension was introduced in 1956. Social security as a right for all was written into the Constitutional Act of Denmark of June 5, 1953 as follows: “§ 75 (1) In order to advance the public interest, efforts shall be made to guarantee work for every able bodied citizen on terms that will secure his existence. (2) Any person unable to support himself or his dependents shall, where no other person is responsible for his or their maintenance, be entitled to receive public assistance, provided that he shall comply with the obligations imposed by statute in such respect” (own emphasis). Thus all citizens in need are entitled to receive social security benefits and social services regardless of their affiliation to the labor market. Social security benefits and social services are chiefly financed from general taxation and their administration lies with the Ministry of Social Affairs. 2.4 Equality law and policy The Danish Act on Gender Equality was passed on May 30, 2000. (A Gender Equality Consolidation Act was passed on July 2, 2002.) According to §1: “The purpose of this Act is to promote gender equality, including equal integration, equal influence and equal opportunities in all functions in society on the basis of women's and men's equal status. The purpose of the Act is also to counteract direct and indirect discrimination on the ground of gender and to counteract sexual harassment.” Its passage abolishes previous acts in the gender equality law complex listed here with original year of enactment: Act on Equality of Men and Women in Appointing Members of Public Committees (1985); Act on Equal Opportunities between Men and Women in the Occupation of Certain Executive Board Positions in the Public Administration (1990); certain sections of the Act on Equal Pay to Men and Women (Equal Pay Act) (1976)/Consolidation Act (1992); and Act on Equal Treatment of Men and Women (1988). Furthermore, its passage amends certain sections of the Act on Equal Treatment of Men and Women as regards Access to Employment, Maternity Leave, etc. (Equal Treatment Act) (1978)/Consolidation Act (1998). Denmark has legislation on gender mainstreaming. The implementation of the gender mainstreaming strategy is based on § 4 of the Act on Gender Equality which stipulates that: “Public authorities shall, within their portfolio, work for gender equality and integrate gender equality in all planning and administration (mainstreaming).” The Danish inter- 3 ministerial gender mainstreaming project Action Plan 2002-2006 was published in 2000 and the project was launched in March 2001. For the various ministries involved, the plan provides a brief overview of launched, planned and unresolved initiatives; method for charting activities; and guidelines for project descriptions. The Gender Equality Board (Ligestillingsnævnet) was established on a trial basis in 2000 and became permanent as of May 1, 2003. The board handles complaints about gender discrimination in the workplace and in other areas of life such as education, health and finance. Decisions are binding within the administrative system, but cases can also go before a court. The Convention on the Elimination of All Forms of Discrimination Against Women entered into force in Denmark on May 21, 1983. Denmark’s first, second, third and fourth CEDAW periodic reports were submitted in 1984, 1988, 1993 and 1997. The most recent fifth report was submitted in 2000. It is interesting to note that the Masculine Forum of Denmark, an umbrella organization of Danish men’s organizations (which does not appear to exist any longer) submitted a comment to the fifth CEDAW report finding it problematic in several ways. The group finds fault with a focus solely on the discrimination of women at the neglect of the discrimination of men particularly that which could result indirectly from anti-discrimination measures implemented to honor the CEDAW. They also note that since gender equality is impossible to define, it is therefore impossible to measure it or to define the circumstances under which it occurs. Furthermore, it must be determined whether any imbalances that do exist are the result of discrimination or free personal choices. The group also finds discriminatory the custody policy with regards to unmarried parents, where unless an agreement for joint custody exists, the mother retains sole custody. They also note that joint custody is a privilege that all children should enjoy, regardless of the marital status of the parents. 2.5 Men’s politics and organizations Men’s political organizations in Denmark include the following: Aktive Far [Active Fathers] is an organization for gay fathers, working to support and strengthen the relationship between fathers and children. Foreningen Far til Støtte For Børn og Forældre [United Fathers Supporting Children and Parents] is a group that works towards furthering the custody and visitation rights of fathers. Additionally, among the issues this group addresses is the separation of fathers from their children in cases where the mother is residing in a women’s crisis center (battered women’s shelter), particularly father married to women of foreign origin. Landsorganisation af Kvindekrisecentre, LOKK (the National Organization of Shelters for Battered Women and their Children) has refused to cooperate with this group and specific centers have refused appeals from this group to facilitate contact between the father and his children. The group is confident in fathers’ reports of no violence having occurred between the parents or the parents and children. Further, United Fathers contends that foreign women compensate for their lack of employment by claiming rights to their children and that this is a misunderstanding of parenthood. 3. Home & Work Maternity/Paternity/Parental leave scheme: It is the government’s aim to help families to better coordinate work and home life with longer and more flexible leave regarding childbirth and childcare. The new leave scheme applies to parents of children born as of March 27, 2002, retroactive to January 1, 2002. (Parents of children born before January 1, 2002 are subject to the old leave system.) According to the new scheme, parents have a total of 52 weeks of leave with (full) unemployment benefit; this includes the 4 weeks maternity leave the mother may take before the birth. The mother 4 has the right to 14 weeks of maternity leave after the birth; during that same period, the father has the right to 2 weeks of paternity leave. Once the child is 14 weeks old, the parents have the right to a total 32 weeks of (parental) leave with (full) unemployment benefit which they can share as they wish; they may take simultaneous or consecutive periods of leave. The government will not dictate which parent takes leave. The father can also choose to begin a part of the 32 weeks (parental) leave, while the mother is on the 14 weeks maternity leave. The parents may choose to extend the 32 weeks leave by 8 weeks (i.e., to 40 weeks), but the amount of unemployment benefit remains at the amount for 32 weeks. Employed salaried persons and self-employed persons can extend the leave further to 46 weeks, but again the amount of unemployment benefit remains at the amount for 32 weeks. Parents also have the right to postpone 8-13 weeks of the leave until a later time, but it must be used before the child turns 9 years old. Further arrangements about returning to work par-time and extending the benefit payment period can be made with individual employers (Ministry of Employment, maternity leave policy). Law on parental custody and contact (Lov om forældremyndighed og samvær - LOV nr 387 af 14/06/1995): The new (1995) law on child custody and contact arrangements automatically recognizes the joint custody of married parents similar to the earlier (1985) law. However the new law emphasizes joint custody for unmarried parents more explicitly than the previous law and critics have noted this is the preferred outcome (Hester, 2002), where according to § 5 of the new law: “If the parents are not married, the mother has sole custody unless the parents have entered into an agreement on joint custody,” where according to § 6: the parents can agree that they should have joint custody, and in § 5, clause 2: failing such an agreement, the mother retains sole custody. Where the earlier law contained a section called “transfer of custody by judicial ruling” the new law contains a more specific clause “transfer to the father by judicial ruling” where in § 12: “If unmarried parents have lived together for a longer time without having joint custody and the father desires custody at the point of separation, the court decides with specific consideration for what is best for the child, which of the parents should be awarded sole custody” (see Hester, 2002). Furthermore, it is stipulated in § 12, clause 2: “In other instances the court can transfer sole custody from the mother to the father if the change is best for the child. With this decision, weight shall be given to whether possession of custody hinders contact without justifiable reason.” This type of situation is referred to as “contact sabotage” in the government’s guidance to the law (Civilretsdirektorat, 1999 cited in Hester, 2002). The emphasis of the new law is on contact for non-residential parents (more likely the father) as stated in § 16: “the child’s connection with both parents is sought to be preserved with the one who is not living with the child having the right to contact.” Critics representing academics as well as professionals working in the field have noted that the 1995 law on child custody and contact arrangements reflects the prevailing gender equality discourse as well as the notion of “father deprivation.” The law is indicative of a shift from a safety-oriented, pragmatic approach, which emphasized parental agreement on ensuring child welfare, to an ideological rights-based approach with emphasis on the equal rights of the non-custodial parent. The law, which amounts to “coerced” custody agreements, effectively ignores issues of domestic violence and thus negatively impacts child welfare, quality of contact and safety of the mother (see Hester, 2002). 4. Social Exclusion It is difficult to find law and policy in the area of marginalized groups that is explicitly gendered. The problems of unemployment, disadvantaged groups, poverty and social exclusion receive significant attention in the various government reports and action plans. It can be said that a primary focus is the 5 integration of marginalized groups into the labor market. The action plan (handlingsplan) appears to be a key form of communication in which the government takes stock of a situation and states its intentions in terms of law, policy and programs to address various problems. Every government ministry has recently published one or more actions plans on various issues. A few significant ones are mentioned below, but it is difficult to assess the extent to which initiatives have been implemented. The Minister for Social Affairs established the Council for Socially Marginalized People (Rådet for Socialt Udsatte) in 2002 and appointed members based on their special insight and experience. The Council is independent from the Ministry and is intended to serve as a mouthpiece for society’s most disadvantaged groups. The task of the Council is to monitor all measures implemented to benefit the most marginalized and to make proposals to improve their conditions. Denmark’s National Action Plan to Combat Poverty and Social Exclusion NAPincl 2003/2005 (Ministry of Social Affairs, 2003) primarily summarizes or makes reference to the targets and strategies contained in many of the other existing action plans. It also describes targets fulfilled in the previous action plan for 2001-2003 whose organizing theme was “active social policy” to promote the integration of marginalized groups into the labor market under the umbrella concept “the socially inclusive labor market”(det rummeligt arbejdsmarked). Areas addressed included elders; disability; integration of minority ethnic groups; child care. The current plan is organized around the “most disadvantaged groups” at risk for poverty and social exclusion such as: drug abusers, alcohol abusers, the mentally ill, the homeless and “prostitutes.” A significant focus is also “negative intergenerational transmission” or “social legacy” (social arv)2, the notion that marginalization originates with conditions that can be traced back to childhood, therefore disadvantaged children and youth are also targeted. Finally, initiatives are also aimed at battered women, ethnic minorities, disadvantaged elderly people, disabled people and the long-term unemployed. The plan explicitly notes the differential marginalization patterns of men and women in terms of homelessness, drug abuse, prostitution, crime and unemployment as well as the gendered marginalization patterns in ethnic minority groups in terms of education and employment. The governments focus on the “weakest groups is also reflected in the 2002 umbrella program Our Collective Responsibility: the government’s action program for “the weakest groups” (Det fælles ansvar - Regeringens handlingsprogram for de svageste grupper) (Ministry of Social Affairs, 2002), the first ever total action plan for drug misusers, adults and children from families with alcohol misuse, the mentally ill, the homeless, and persons in prostitution. In addition to various initiatives around treatment and prevention, the program emphasizes: free choice (re: the user’s degree of choice on the measures taken); user involvement in decisions regarding social services offered; adaptation to the individual’s needs; bolstering the supporting involvement of relatives; strengthening the involvement of voluntary organizations; improving the competencies of social workers; enhancing the understanding of legal protections; improving cross-sectoral and organizational cooperation within the public sector; and prevention (especially combating negative intergenerational transmission) and treatment. Additionally, the National Action Plan on Employment 2004 (Ministry of Employment, 2004) stresses increasing employment as part of the 2 The concept of social arv is an immensely powerful in the dominant public, academic and policy discourses around social disadvantage. This can be contrasted with discourses in other countries. In Sweden, too, social arv is used explicitly though perhaps not to the same extent as in Denmark even though its origins as a social science concept lie largely in the works of the Swede Gustav Jonsson. In the UK, the explicit use of the concept “social inheritance” in official documentation would be regarded as wholly unacceptable on the grounds that it implies a degree of social determinism not supported by social science. 6 government’s overall economic strategy through 2010 with 60,000 more persons in work. The government notes that employment is the best instrument to ensure social inclusion and social security. This means increased initiatives in education to improve skills and qualification. There is a focus on disabled persons. There is also a focus on immigrants and descendants of immigrants, especially those from non-western countries whose unemployment rates are high. New 2004 initiatives are based on the primary importance of Danish instruction and attachment to a workplace and include simpler activation schemes, guidance and upgrading of skills, practical work experience and wage subsidies in order to get “more people into employment” as soon as possible. Better integration of foreigners is also the aim of the government’s strategy against ghettoization (2004) (Regeringens strategi mod ghettoisering) (Ministry of Refugee, Immigration and Integration Affairs, 2004), which outlines plans to stop the tendency toward the formation of ghettos and rectify the existing problems with: acute help to the most distressed areas; creating more balanced mixes of residents; long term prevention initiatives. A key component is involvement of the private sector/business community and investment by private actors. Another recent strategy document is the Action Plan to Promote Equal Treatment and Diversity and Combat Racism (Ministry of Refugee, Immigration and Integration Affairs, 2003). The Ministry of Social Affairs is targeting efforts to improve the integration of elderly citizens of ethnic minority backgrounds noting that the size of this group will quadruple by 2021. A two-part project aimed at helping municipalities is underway during 2004-2006 that on knowledge gathering/dissemination along with proposals for concrete measures to prevent social and health problems and improve quality of life. A think-tank will contribute to the results and ensure further development in the area. The Ministry notes problems of language and cultural barriers as well as changing family patterns in ethnic minority groups such that children may be less likely to care for aging parents (Ministry of Social Affairs, 2005, News). Recent legislation reflects the anti-immigration sentiment. A Bill amending the Aliens Act, the Marriage Act and other Acts (February 28, 2002) contained proposals such as abolishing the de facto refugee status; restrictions on permanent residence permits; and tightening of the conditions for family reunification. The bill noted that the government’s fundamental considerations as of the 2002 “new policy on foreigners” are that “the number of foreigners coming into Denmark must be restricted, and stricter requirements as to their duty to maintain themselves must be introduced” and that “the refugees and immigrants already living in Denmark must be better integrated and get employment faster” (p. 13). The bill abolishes the de facto refugee concept, such that residence permits will only be issued to asylum-seekers who have a right to protection under Denmark’s treaty obligations in international conventions. For example, no longer to be included as a basis for refugee status would be subjective fear of persecution due to previous torture or other outrages (such as rape), but where the fear can no longer be deemed objectively motivated, such as change of systems in the country of origin (p. 16). Further, in order to be able to revoke residence permits for a longer time, the time condition for the issuance of a permanent residence permit would be extended from 3 years to 7 years. Conditions for a permanent residence permit should be tightened so that aliens who have committed serious offences such as drug offences, people smuggling, homicide, aggravated violence and rape are excluded from eligibility. Applicants would no longer be allowed any overdue debt to public authorities as opposed to a previous allowance of up to 50,000 DKK. The government finds the figures on the number of permits issued to aliens on the basis of family reunification too high as this contributes to unemployment rates among immigrant groups. Further, family reunification laws are often exploited for the purposes of arranged marriages or marriages of convenience against the wishes of the young 7 people involved. Therefore, the possibilities for new families to settle in Denmark when the parties do not have their main ties with Denmark will be limited. There is to be no statutory right of family reunification and it will only be granted upon a specific and individual assessment (p. 37). Further, reunification of spouses should not be permitted if one of the spouses is below 24 years of age, in that older persons can better resist pressure to marry (p. 38-39). Regarding Danish nationals (either of Danish origin or foreign extraction) reunification of spouses can only be granted when the spouses’ aggregate ties with Denmark are stronger than the spouses’ aggregate ties with another country (p. 40). Proof of maintenance ability of spouses must be required in all cases of reunification of spouses, immigrants as well as Danish nationals (p. 40). The Act on the Formation and Dissolution of Marriage should be amended so that it will become a condition for contracting marriage in Denmark that each of the parties is a Danish national or resides lawfully under the rules of the Aliens Act, thus asylumseekers cannot be married while their residence permits are being considered (p. 49). Disability policy: According to an information publication “Danish disability policy: Equal opportunities through dialogue” (DCH 2002), distributed by The Danish Disability Council (under the Ministry of Social Affairs), Danish disability policy is guided by the parliamentary resolution on equalization of opportunities and equal treatment of persons with disabilities, passed April 2, 1993, which “signals” that disabled persons be treated and have the same rights as non-disabled people. This is not a legally binding act, but recommends that all public authorities and private enterprises comply with this principle, creating opportunities which take into account the needs of disabled persons for solutions in all relevant areas. The resolution came in the wake of debate where “at the beginning of the 1990s the debate on disability policy measures was revived when the USA passed the ADA Act (The Americans with Disabilities Act). The Act prohibits discrimination of disabled persons. Similar antidiscrimination legislation was also discussed but did not gain support in Denmark either with the authorities or among most of the disabled people’s organisations. Such laws were, in a Danish context, considered to be an expression of undesirable individualisation and legalisation and thus also a risk of undermining the principle of solidarity which otherwise characterises Danish disability policy. It was also feared that such legislation would, if anything, contribute to separating disabled citizens as a group from the rest of the society and thus rather prevent than promote equal opportunities and equal participation” (DCH 2002, p. 10). [Authorial comment: This approach to disability can be seen as potentially indicative of a broader dominant discourse in policy regarding disadvantaged groups more generally. The underlying principle seems to be that equality is achieved by treating everyone the same and not, in general, by making specific provisions for particular groups. Such an approach seems to assume that recognizing and emphasizing difference is, per se, destructive to social solidarity. This can be contrasted with American and British approaches to social disadvantage which tend to assume that equality cannot be achieved unless (a) difference associated with different social categories is recognized; (b) the systematic disadvantage deriving from such difference is recognized; (c) specific measures are used to challenge systematic disadvantage. In the case of disability, the Danish approach does not seem to recognize that disabled persons as a category tend to be systematically and systemically disadvantaged in society, i.e., there is little recognition that society tends to respond to disabled persons as a category in a way which disadvantages them in terms of power. It is interesting to consider how far an unwillingness to engage with social difference and issues of power marks social policy in Denmark as a whole, and how far that unwillingness limits the effectiveness of Danish social policy to deal with not only issues of disability but also social disadvantage associated with ethnicity, gender, sexual orientation and age.] In 1993, Denmark also acceded to the UN Standard Rules on the 8 Equalization of Opportunities for Persons with Disabilities. Disabled persons receive services, protections and compensations through various laws including: the Danish Compensation for Disabled People in Employment, etc. Act; the Danish Act on an Active Social Policy; and the Act on Social Services. Of note: Employment decisions are guided by the principle of “preferential access” whereby qualified disabled applicants must receive interview opportunities and the equally qualified disabled individual must be offered the job over other applicants. Failure to hire the disabled applicant requires formal explanation. Assistance in the area of personal integrity/sexuality, as provided according to the social service law, can include support provided from a neutral support person who is not part of the daily contact and care of the disabled individual to provide sexual instruction. The law also states that in some cases it may be expedient to contact a person working in prostitution, where it may be relevant for a support person to help in communicating the needs of the disabled person. (See Vejledning om seksualitet - uanset handicap [Guidance on sexuality – regardless of handicap] VEJ nr. 36 af 28/02/2001: 4.2 Seksualoplæring [Sexual instruction], 4.3 Anden støtte til seksualitet [Other support for sexuality]) At the same time, with respect to help with sexual life, other published information explains that “focus is placed on respecting the boundaries of the persons involved” and that “great attention is paid to the limits imposed by legislation to provide protection against sexual abuse. “Help…may be given to a limited extent and in a way which does not include sexual intercourse between the support person and the person needing help” (DCH 2002, p. 45). It appears the policy in this regard is stated somewhat cautiously and ambiguously. Homosexuality: Law on registered partnerships (Lov om registreret partnerskab - LOV nr 372 af 07/06/1989) § 1: As of June1989, two persons of the same sex can register their partnership. In terms of legal issues, registered partnerships and the parties involved are subject to some of the same conditions that concern (heterosexual) marriages and spouses. However, § 4 stipulates that adoption laws that apply to (heterosexual) marriages have no application in registered partnerships. Clause 2: Certain laws on parental custody do not apply to registered partnerships. Clause 3: Laws containing special rules about one of the parties in a marriage specific to gender do not apply to registered partnerships. In 1999, (Lov nr. x) it became possible for homosexuals to adopt the biological children of their partners, thereby ensuring that a partner can maintain custody of a child in the event of the other partner’s death. [Again there is no recognition in social policy of the need to counteract systematic discrimination against women or men who are homosexual.] 5. Violences Men’s violence to children: Laws regarding men’s violence to children are subsumed under various sex offense laws. There have recently been changes to these laws that include increased penalties and expanded definitions (discussed further below). The government also issued its Action Plan to Combat Child Sexual Abuse in August 2003. The stated aim is to serve as a status report over the initiatives that have been taken and on the basis of the current measures, to evaluate in which areas there is a need to monitor or strengthen the measure, and to determine where there is a need for new initiatives or the need to gather new knowledge. The plan summarizes the current state of official knowledge in Denmark and summarizes the state of affairs in these target areas: prevention; handling a suspicion of CSA, legal action/prosecution; support to the child and the family; measures regarding the perpetrator; and international initiatives. This action plan was drawn up in response to criticism at the UNICEF 2nd World Congress against Commercial Sexual Exploitation of Children, Yokohama 2001, that Denmark lacked an action plan even after the first World Congress held in Stockholm in 1996. A 9 significant weakness is that the action plan lacks any input from Danish NGOs working in this area (personal communication with Vernon Jones, Project Manager, Save the Children Denmark, January 24, 2005). The plan stresses the findings from Unges Trivsel 2000, a prevalence survey of children, (see the Danish National Report on Academic Research) which indicated that a significant number of sexual abuse cases concern victims age 12-14 and known perpetrators age 15-17; relatively few cases concern a perpetrator who is a stranger, an adult or teacher, coach, etc. With respect to prevention, the action plan delineates the following: education and training of teaching personnel involved with children and ongoing evaluation of training and the environment; instructing children in body consciousness, sexuality and boundaries so they can better hinder and/or process an assault; a supportive and zero-tolerance atmosphere must be created by parents and teaching personnel; sex and health education should be mandatory in public school curriculum; an information campaign sponsored by the Crime Prevention Council. There must also be increased knowledge and focus on socially atrisk children and children placed in foster or residential care. Information to parents and children about Internet chatting is available at the Safe Chat (sikkerchat) website. The plan also discusses international initiatives whereby the government will ratify UN protocols on trafficking in children, child prostitution and child pornography, as well as ratify the UN protocol on human trafficking. Laws related to child sexual abuse: Some examples of recent tightening of the laws related to child sexual abuse include the following: Statutory Order on treatment of person information in the central criminal register (Bekendtgørelse nr. 218 af 27/03/01) whereby public authorities as well as private associations and organizations can request information from the central criminal register about whether a person who is to be employed in a position that includes direct contact with children under 15 years has had a prior conviction for sexual assault of a child under 15 years. With respect to legal action/prosecution, the penal code stipulates a range of offenses related to child sexual abuse where punishments underwent revision as of June 2002 as part of an overall increase in punishments for violent crimes. Punishments generally increased by about one third. According to Penal code § 222, clause 1: sexual intercourse with a child under the age of 15 is punishable by imprisonment up to 8 years (previously 6 years); and clause 2: if the child is under 12 years or if the offender has used force or threats, punishment increases to up to12 years imprisonment (previously 10 years). The new law on changes to the penal code, adoption law and administrative law on child pornography, sexual exploitation of children, sale of children and the prosecution of criminal cases on child sexual abuse (Lov nr. 228 af 02/04/03) also demonstrates stricter handling of these cases, whereby § 223a states: purchasing sexual services from persons under 18 years old, regardless of whether those persons support themselves through prostitution is a criminal offense, punishable by fine or imprisonment of up to 2 years. Previously, § 223a criminalized purchasing sexual services from persons under age 18 who supported themselves entirely or in part through prostitution. In § 230 the punishment for using children and youth as models in pornography was increased to imprisonment of up to 6 years, if there are aggravating circumstances. The law against distribution of child pornography § 235, clause 1 was extended to include fictitious, computer generated images. The age of protection from child pornography is extended to persons under 18 years old and imprisonment for distribution is extended to up to 6 years, if there are aggravating circumstances; and in clause 2: possession of all child pornography was extended to all forms and not just the more graphic/crude forms as previously; the punishment was increased to imprisonment of up to one year. Regarding suspicion of CSA: Law on social service, § 36 (Lovbekendtgørelese nr. 755 af 09/09/02) stipulates that an individual who has been informed by parents or guardians that a child under 18 is a victim of neglect/abuse or degrading 10 treatment or lives under conditions that could bring its health or development in danger is required to report to the municipal authorities. Additionally, according to Statutory Order on increased notification requirement (Bekendtgørelse nr. 1092 af 08/12/00) the individual (public employee, doctor, employee in private primary or boarding schools, staff in independent day care institutions, staff in other private care/residential institutions) has an independent duty to report to the authorities. A report to the immediate supervisor does not release one from this duty. The Ministry of Social Affairs has also drawn up “Guidelines on help to children and youth through dialogue and cooperation with and parents – review of rules on confidentiality” (Dialogvejledning, Ministry of Social Affairs, 2004), which is targeted toward professionals who have contact with children. The guidelines contain information on suspicion, confidentiality, and duty to report to authorities. Child sexual abuse is high priority with the police and increased police effort focuses on local investigation and handling of cases as well as suspicion of commercial abuse such as Internet child pornography. The Danish national police have a special IT unit and have recently trained 14 officers in investigation of IT related crime. Treatment of sex offenders includes: Sexologisk Klinik which offers free, anonymous help (counseling, treatment) to individuals with sexual fantasies about children or pedophile tendencies. THORA Center is a national organization dedicated to the prevention of sexual abuse and offers help to anyone involved in the issue of sexual abuse, as well as the abusers and the victims; there is free, anonymous counseling by phone or in person. Within the penal system, a person can be sentenced to custodial treatment of an indeterminate time period instead of prison if he is found guilty of rape or other serious sex offenses, if information about the person suggests that he poses a danger to others and if use of custodial treatment is found to be necessary to prevent this danger. Custodial treatment is carried out in a special facility and consists of psychiatric treatment possibly combined with hormonal treatment to decrease sex drive. A person can also be given a conditional sentence of treatment as an alternative to punishment for sex offenses that do not extend to violence or illegal force (such as a person in a position of trust with children, teacher, guardian, etc.). It is important to point out that the Danish Pedophile Association, a political organization that supports paedophilia, although currently under investigation, is essentially allowed to exist. Until recently, the Danish Pedophile Association (DPA) was openly operating in Denmark. As of March 21, 2004, in the midst of much controversy, the DPA officially closed the association as well as the website on the Danish server, but maintains a reopened website through an American Internet service provider. The public prosecutor (Rigsadvokaten) is currently investigating the organization whose existence is protected by the constitutional right of freedom of speech. Men’s violence to each other and to women: The Danish penal code recently underwent revision in the area of violent offenses. As of June 2002 (Lov nr. 380 af 06/06/2002), punishments for assault and battery increased. The punishment for “simple violence” § 244 increased to imprisonment of up to 3 years (previously up to 1 year and 6 months); simple violence was and is also punishable by a fine. The punishment for “qualified violence” § 245 increased to imprisonment for up to 6 years (previously up to 4 years). The punishment for “violence with exceedingly aggravating circumstances” § 246 increased to imprisonment of up to 10 years (previously up to 8 years). In the wake of a discussion and review of rape sentencing practices, the punishment for rape was also increased in the same legislation. Regarding penal code § 216, clause 1 rape is sexual intercourse obtained by force or threat of force, where the punishment was increased to up to 8 years imprisonment (previously up to 6 years); clause 2 11 allows the punishment to increase to up to 12 years (previously up to 10 years) if the rape was of an especially dangerous character or was characterized by especially aggravating circumstances. There is a recurring discussion in Denmark regarding whether to add “reckless/involuntary rape” (uagtsom voldtægt) to the penal code. Reckless rape refers to those cases where a man is aware that a woman may not be consenting but proceeds to have intercourse anyway, either knowing that the other person is not actually consenting, or simply not caring whether they are or not. This proposal is aimed at increasing rape convictions given that rape cases often result in acquittal because men can convince courts that they did not know that a woman was not consenting.3 The Danish Government’s Action Plan to Stop Violence Against Women was issued in March 2002 and will run through 2004 after which time the government plans to launch a new 4-year plan. Briefly, the current plan includes activities in four target areas: (1) Victim support: investigation of shelter capacity; prepare an information pamphlet and a website in several languages; establish a 24hour counseling service; target special efforts for children and women of ethnic minorities; offer assault alarms to threatened women. (2) Activities aimed at perpetrators: establish a treatment program – eventually to be made regional; law on temporary removal of perpetrator from the home; investigate more sanctions for those invading privacy; investigate making treatment a condition of suspended sentence and enhancing offers of treatment to those serving sentences. (3) Activities aimed at professionals: information campaign; multi-agency regional teams; tool kit for professionals; (4) Knowledge and information: conduct general population surveys on the scope of domestic violence; prepare gender specific statistics; prepare (EU) indicators on scope of domestic violence; investigate special problems of physically and mentally handicapped women with respect to domestic violence; ensure a qualified ongoing debate in the general public to change the tacit acceptance of domestic violence. An annual budget of 10 million DKK (for 3 years) has been devoted to this action plan. The Danish Government’s Action Plan to Combat Trafficking in Women was issued in December 2002 and consists of activities in two main areas: (1) Support to victims: shelters for victims for a maximum stay of 15 days – with access to acute psychological, social and medical support – while their situation is determined and their repatriation is prepared; establish cooperation agreements between police, social services, public health authorities and relevant NGOs regarding repatriation; establish international networks of Danish and foreign NGOs to provide alternatives to prostitution and prevent future victimization; develop embassy networks. (2) Initiatives to prevent trafficking in women: compile knowledge on how to police trafficking and share experience internationally; establish an information hotline; establish teams of fieldworkers (cultural mediators) to inform victims about how authorities can help; place ads on trafficking in major Danish newspapers with reference to an information website; ads will also be placed with ads for sex services and escort-based prostitution; distribute written information materials. An annual budget of 10 million DKK (for 3 years) has been devoted to this action plan. The plan notes (p. 11) that the Danish government has strengthened the criminal law against human trafficking (§ 262). This is a new provision covering all aspects of human trafficking and any underlying abuse and carries a maximum penalty of 8 years imprisonment. The police may also break the confidentiality of communication (phone tapping, etc.) in these cases. The 3 The proposal has garnered little political support, however, Professor of Law, Vagn Greve, has argued that since other penal code offenses are defined in the “negligent” form, rape should not be an exception (Vagn Greve, 1997,”Er straffeloven forældet?” Kriminalistisk Årbog. Lene Ravn og Peter Kruize, eds. Copenhagen University, Faculty of Law). 12 plan also notes (p.14, fn.13) that Denmark has tightened the conditions of marriage (as stated in the Aliens Act) in an effort to prevent marriages of convenience. A law on police removal of violent and threatening persons from the home (Lov om bortvisning og beføjelse til at meddele tilhold m.v., LOV nr 449 af 09/06/2004) was recently passed (July 2004) making it possible to ban a person over age 18 from residing in their own home. “Violent or threatening persons” can be removed from the home for a period. Examples of actionable behavior, based on probable cause, include: incest; crimes in family relations; simple violence; serious violence with bodily injury; illegal force; disturbing the peace; threats. Removal can also occur if there is a definite reason to presume that if the person remained in the home, behaviors such as these would occur. Removal can occur upon request from a member of the household or when general considerations require it. The police can detain the removed party up to 24 hours. The period of removal cannot exceed 4 weeks and this period can be extended in intervals not exceeding 4-weeks. Police must inform the proper municipal and social authorities of the action. Both the offender and the victim are entitled to legal representation in the event of a court hearing. Removal may be combined with a restraining order. Given the implications for intimate partner violence committed by men against women, an expert group, the National Violence Observatory, issued a strong warning on the consequences of this law. The group noted that the removal is not tied to any obligatory treatment for the violent offender nor is it tied to any obligatory professional help for the victim remaining in the home; a positive effect of the law rests on the provision of these services. The group also noted that international research has shown that women can be at the greatest risk of serious violence or even murder during a separation period from the abusive spouse; the statement further noted the ineffectiveness of restraining orders. Finally, the group pointed to the additional concern for immigrant women who often live in large extended families (of the spouse) and thus may be at increased risk of consequences. Anti-violence programs addressed to men: Treatment of men who are violent toward their female (cohabiting) partners is a relatively new development in Denmark, where 2 of the 3 available programs were established in 2002 and 2003. Treatment of violent men is on a voluntary basis – no one in Denmark can be forced into treatment, thus it is motivated men who seek treatment (Helweg-Larsen & Kruse, 2004, p. 78). The three treatment programs, which are publicly financed, are: Dialog Mod Vold (DMV) [Dialogue Against Violence], opened in 2002, as an outgrowth of the “Danish Government’s Action Plan to Stop Violence Against Women” is a part of the nationwide project “Violence in the Family.” Currently the treatment option is confined to the greater Copenhagen area and a limited number of other counties and municipalities, but is expected to expand in 2005. DMV focuses on the entire family but takes the violent man and his problems as its starting point. DMV uses a cognitive-behavioral and social learning approach. Loss of control, feelings of powerlessness and shame are addressed. The primary treatment is individual counseling and group counseling is also an option. Family counseling is offered should there be interest in keeping the family together. Separate counseling for children is also offered. Individuals can seek treatment independently; referrals also come from the battered women’s shelters, practicing doctors, emergency rooms and the social welfare administration. Treatment is free and anonymous. Alternativ Til Vold i Roskilde (ATV) [Alternative to Violence, Roskilde] opened in December 2003 and is “an integrated part” of the Norwegian program of the same name established in 1987. ATV i Roskilde services 3 counties on Zealand (the island where Copenhagen is located). The program is aimed at men over 18 who have problems with violence or 13 aggression toward their partners; there is no offer of treatment for victims. The program aims to teach men that alternatives to violence always exist, but that some men need help finding them. The man is responsible for the violence and responsible for finding alternatives. Treatment is offered as individual or group counseling. Treatment is free and can be sought independently without any referral. Manderådgivningen i Aalborg [Counseling for Men, Aalborg] has existed since 1994 and is part of the services of North Jutland County and is affiliated with the local battered women’s shelter. It offers free, anonymous, individual counseling to violent men. The program focuses on getting men to recognize and control their aggressive feelings and to find alternative ways to resolve conflict. The program is based on the notion that the main reason for violence in the home is men’s low self-worth and poor communication skills as well as their early experience of family violence (Helweg-Larsen & Kruse, 2004, p. 80-81). [Authorial note: One should note the relative lack of emphasis on gendered power relationships in the DMV and Aalborg programs.] Sexualized violence/Prostitution: Persons involved in prostitution are included in the government’s list of the most disadvantaged groups. A “Report on Prostitution” published by the Danish Centre for Research on Social Vulnerability (DCR/SV) (VFC Videns- & Formidlingscenter for Socialt Udsatte), a non-profit institution under the auspices of the Ministry of Social Affairs, reviews the state of knowledge and current measures on all aspects of prostitution including: women, men, youth and foreign women involved in prostitution, as well as the users of prostitution (VFC 2004). Calling for a clear definition of prostitution as a social problem that requires initiatives, the report notes the lack of research and knowledge in all areas and makes a range of recommendations to the government, some of which are: establishment, coordination and training of social workers in outreach in the major cities and nationwide; new legislation to address individuals’ legal limbo with respect to taxes and welfare state benefits; legislation that will make possible movement out of prostitution such as: exemption from penalties for undeclared income, immunity from prosecution for social welfare fraud, and debt clearance. The report also puts special emphasis on studying and reaching excluded or marginalized youth who are outside the reach of the educational system as well as efforts aimed at prevention and harm reduction regarding foreign women in prostitution. The report recommends developing a model for the counseling and treatment of the users/buyers of prostitution services; information campaigns and inclusion of prostitution/paid sexual exploitation into sex education courses in the higher public school levels. Finally, one of the main recommendations of the report, to ensure a systemic and integrated effort encompassing social and health measures, is the establishment of national Center of Excellence on Prostitution. To its credit the report considers the significance of language (VFC 2004, p. 16) and uses the terminology “paid sexual exploitation” [betalt seksuel udnyttelse] to stress the “buyer’s role and responsibility” in relation to children 15 years and under. It also calls attention to the problematic acceptance in the Danish language of the term “youth prostitution” [ungdomsprostitution] to refer to children in the 15-17 year age range, where payment for sexual relations with persons under age 18 is a punishable offense. The term contributes to the perception of the young person’s “active participation” in a sexual business arrangement. On the other hand, the report foregoes its preferred terminology “women/men in prostitution” and opts for the equivalent of “prostitute” as more readerfriendly and for lack of something better. The report is critical of the government’s action plan to combat child sexual abuse as it subsumes “paid sexual exploitation” of children under the more general phenomenon “sexual abuse” of children; the fear is that it will not get the necessary attention. This is in comparison to Sweden and Norway who developed specific plans on child “commercial sexual exploitation.” The report also calls for a revision of the action plan to ensure that in the future it 14 functions as an operational tool that is evaluated on a continuous basis. In Denmark, the act of prostitution has been decriminalized, but the business of prostitution is not legally recognized. The report concludes (VFC 2004, see pp.131-138) that legalizing prostitution as a business (as in the Netherlands or Germany) would do little to improve the situation of poor and marginalized women involved in prostitution (e.g. exposure to violence and rape, various other harms and stigmatization). The report also contends that criminalizing the buyers of prostitution services (as in Sweden) should be an option of last resort. While such a law might deter a small group from this behavior and a general deterrent effect (a normative change) might result in the longer term, it is feared that while street prostitution might decrease, the concomitant result might be an increase in the hidden forms of prostitution, and an increase in the marginalization and victimization of street prostitutes. The effect of a criminal law in practice is also a function of police discretion. Public opinion does not favor criminalization of the buyers of prostitution services. Interviews with police and judges also indicate a lack of support. The report contends that Denmark has not yet reached the stage of last resort and that criminalization could result in other efforts being dropped or decreased. The above-mentioned report on prostitution has led to the April 2005 launch of a government action plan: The Danish government’s proposed systemic effort in the area of prostitution (Ministry of Social Affairs, 2005). The plan explicitly rejects banning prostitution as it would only result in further isolation and exclusion. Instead, a range of measures are targeted toward the health and social consequences of a life in prostitution as well as measures to prevent the entry of young people. The initiatives include outreach social work, anonymous Internet and telephone counseling, anonymous “VIP status” to any woman involved in prostitution who seeks medical treatment including gynecological exams, psychological counseling, employment and education assistance. In terms of prevention aimed at youth there personnel who work with marginalized youth will be trained to recognize the signs of prostitution-like behaviour and psychological treatment will be made available. Additional knowledge gathering particularly on the extent of sexual exploitation of marginalized youth is also planned. A national Center of Excellence will also be established to develop and coordinate this systemic effort. State financing of the plan (45.8 million DKK) will run until summer 2008 with a midway as well as a final evaluation for future needs. 6. Health The government’s action program Sund hele livet [Healthy from Cradle to Grave] covers national targets and strategies for public health for 2002-2010. Specific risk factors are targeted for action, based on the preventable causes of the major diseases and disorders and causes of death. These risk factors are: tobacco smoking, alcohol consumption, diet, physical activity, obesity, accidents, working environment, and environmental factors. The following major preventable diseases and disorders are targeted: non-insulin-dependent diabetes, preventable cancer, cardiovascular diseases, osteoporosis, musculoskeletal disorders, hypersensitivity disorders (asthma and allergy), mental disorders; and chronic obstructive pulmonary disease. The program focuses on a number of target groups and the only explicitly gendered group is pregnant women; also targeted are: children (0–14 years old), young people (15–24 years old), vulnerable and distressed adults, elderly people (65 years or older), and chronically ill people. These groups are targeted based on two perspectives: (1) “different stages of life pose different health challenges and differ in how people are located in social life;” and (2) “all population groups have subgroups or individuals at high risk because of being especially vulnerable or distressed” (p. 72). The program notes some gender differences relative to men such as higher 15 mortality rates due to accidents, smoking and alcohol consumption, and generally higher rates of alcohol consumption and smoking compared to women. Yet there are no explicitly gendered initiatives relative to men. The Minister for Gender Equality’s perspective and action plan 2003 (Minister for Gender Equality, 2003) included a focus on the health of men and women that acknowledged that public health is not a gender neutral issue. The plan’s initiatives in the health area were generally knowledge gathering and information dissemination in a gendered perspective. The Ministry of Social Affairs has also prioritized suicide prevention particularly among elderly men. As of April 2005, the Ministry has allocated 40 million DKK to an increased effort in the area of suicide among the elderly aimed at increasing local initiatives; of this sum, 28 million is available for grants to development, implementation, research, education and information projects that should consider people with mental illnesses and young girls in addition to elderly men. Model projects were previously launched and evaluated in the 1999-2004 period. (Ministry of Social Affairs, April 5, 2005, News). 7. Discussion There is a marked gender neutrality and a marked lack of a gendered power perspective in the legal and policy documentation. On the other hand, there have been some recent positive government initiatives in the area of violence. The definition of prostitution as a social problem requiring action is also noteworthy. In some ways government action outstrips academic research, in contrast to the situation in the UK as described in the UK national reports. 8. Bibliography Civilretsdirectoratet [Directorate on civil law] (1999) Vejledning til samvær og børnesagkyndig rådgivning [Guidance for contact and child expert counselling], Copenhagen: Civilretsdirektoratet. DCH, The Danish Disability Council (2002) ‘Danish disability policy: Equal opportunities through dialogue.’ Copenhagen: The Equal Opportunities Center for Disabled People www.clh.dk Retrieved from http://www.clh.dk/pjecer/danskhandicappolitik/disabilitypolicy.pdf Helweg-Larsen, Karin & Marie Kruse, eds. (2004) Mænds vold mod kvinder: omfang, karakter og indsats om vold [Men’s violence against women: extent, characteristics and measures to eliminate violence]. Copenhagen: Minister for Gender Equality, The National Observatory on Violence Against Women & The National Institute of Public Health. Hester, Marianne (2002) ‘One step forward and three steps back? Children, abuse and parental contact in Denmark.’ Child and Family Law Quarterly Vol.14(3): 267-279. Manderådgivningen i Aalborg [Counseling for Men, Aalborg]. www.manderaad.dk Ministry of Employment. (2004) ‘NAP 2004 The Government: Denmark’s national action plan for employment 2004.’ Copenhagen: Ministry of Employment. Retrieved February 11, 2005 from: http://www.bm.dk/english/default.asp Minister for Gender Equality (2003) ’Perspektiv- og handlingsplan 2003’ [Perspective and action plan 2003]. Copenhagen: Minister for Gender Equality. Retrieved from www.lige.dk 16 Minister for Gender Equality. (2002) ‘Danish Government’s Action Plan to Combat Trafficking in Women (December 2002).’ Copenhagen: Minister for Gender Equality. Retrieved from www.lige.dk Minister for Gender Equality. (2000) “Danish inter-ministerial gender mainstreaming project. Action plan 2002-2006.” Copenhagen: Minister for Gender Equality. Retrieved February 11, 2005 from http://ligeuk.itide.dk/Files/PDF/actionplan.pdf Minister for Gender Equality and Ministry of Justice. (2002) ‘Danish Government’s Action Plan to Stop Violence Against Women (March 2002).’ Copenhagen: Minister for Gender Equality and Ministry of Justice. Retrieved from www.lige.dk Ministry of the Interior and Health. (February 2003). “Healthy throughout Life [also translated as Healthy from cradle to grave] – the targets and strategies for public health policy of the Government of Denmark, 2002–2010.” Copenhagen: Ministry of the Interior and Health. Retrieved February 7, 2005 from http://www.folkesundhed.dk/page84.aspx Ministry of Justice and Ministry of Social Affairs. (2003) ‘Danish Government’s Action Plan to Stop Combat Child Sexual abuse (August 2003).’ Copenhagen: Ministry of Justice and Ministry of Social Affairs. Retrieved from: www.social.dk Ministry of Refugee, Immigration and Integration Affairs. (2004) Regeringens strategi mod ghettoisering [The government’s strategy against ghettoization]. Copenhagen: Ministry for Refugee, Immigration and Integration Affairs. Retrieved February 23, 2005 from http://www.inm.dk/publikationer/regpub_ghettoisering/ Ministry of Refugee, Immigration and Integration Affairs. (2003) ‘Action Plan to Promote Equal Treatment and Diversity and Combat Racism.’ Copenhagen: Ministry of Refugee, Immigration and Integration Affairs. Retrieved February 4, 2005 from http://www.inm.dk/publikationer/Handlingsplan_ligebeh_GB/index.htm Ministry of Social Affairs. (2005) Et andet liv. Regeringens forslag til en helhedsorienteret indsats på prostitutionsområdet [The Danish government’s proposed systemic effort in the area of prostitution]. Retrieved April 19, 2005 from http://www.social.dk/tvaergaaende_indgange/nyhedscenter/Nyheder/index.aspx?id=5d677fba-829b4fad-bd08-858fd98ad825 Ministry of Social Affairs (April 5, 2005) News: “Selvmord blandt ældre skal begrænses” [Suicide among the elderly must be decreased]. http://www.social.dk/aeldre.html Information retrieved April 19, 2005 from http://www.social.dk/tvaergaaende_indgange/nyhedscenter/Nyheder/Selvmordsforoeg_blandt_aeldre_s kal_begraenses.html Ministry of Social Affairs. (2005) News: ”Flere ældre med anden etnisk baggrund får brug for hjælp” [More elderly with ethnic minority backgrounds need assistance] http://www.social.dk/aeldre.html Information retrieved April 19, 2005 from 17 http://www.social.dk/tvaergaaende_indgange/nyhedscenter/Nyheder/Flere_aeldre.html and from http://www.servicestyrelsen.dk/index.aspx/aeldre/etnisk.html? Ministry of Social Affairs. (2004) Dialogvejledning [Guidelines on help to children and youth through dialogue and cooperation with and parents] http://www.sm.dk/netpublikationer/2004/p2dialog0203/index.htm Ministry of Social Affairs. (2003) Denmark’s National Action Plan to Combat Poverty and Social Exclusion NAPincl 2003/2005. Copenhagen: Ministry of Social Affairs. Retrieved February 4, 2005 from http://www.sm.dk/netpublikationer/2003/peactionplan0909/pdf/aktionplan.pdf Ministry of Social Affairs. (2002) Det fælles ansvar - Regeringens handlingsprogram for de svageste grupper [Our collective responsibility: the government’s program for the weakest groups]. Copenhagen: Ministry of Social Affairs. Retrieved from http://www.social.dk/udsatte_grupper.html VFC Videns- & Formidlingscenter for Socialt Udsatte. (2004) ”Redegørelse om prostitution i Danmark: oplæg til en handlings plan på prostitutionsområdet.” [A report on prostitution in Denmark: a proposal for an action plan in the area of prostitution]. Esbjerg: Danish Centre for Research on Social Vulnerability [VFC Videns- & Formidlingscenter for Socialt Udsatte]. Retrieved February 2, 2005 from http://www.formidlingscentret.dk/ --------------------Laws cited: Bill amending the Aliens Act, the Marriage Act and other Acts http://www.inm.dk/imagesUpload/dokument/aliens_act_amending.pdf Law on changes to the penal code, adoption law and administrative law on child pornography, sexual exploitation of children, sale of children and the prosecution of criminal cases on child sexual abuse (Lov nr. 228 af 02/04/03) (see Ministry of Justice and Ministry of Social Affairs, 2003). Law on parental custody and contact (LOV nr 387 af 14/06/1995) http://www.retsinfo.dk/_GETDOC_/ACCN/A19950038730-reglTARGET=%22_blank%22 Law on registered partnerships (LOV nr 372 af 07/06/1989) http://www.retsinfo.dk/_GETDOC_/ACCN/A19890037230-reglTARGET=%22_blank%22 Law on removal and power of notification of restraining order (LOV nr 449 af 09/06/2004) Law on social service, § 36 (Re: suspicion of CSA) (Lovbekendtgørelese nr. 755 af 09/09/02) (see Ministry of Justice and Ministry of Social Affairs, 2003). Penal code § 216, clause 1, clause 2 (rape) Penal code §244, §245, §246 (simple and aggravated assault) Penal code § 222, clause 1 (child sexual abuse) Penal code § 230 (child pornography) 18 Penal code § 235, clause 1, clause 2 (child pornography) Statutory order on increased notification requirement (Bekendtgørelse nr. 1092 af 08/12/00) (see Ministry of Justice and Ministry of Social Affairs, 2003). Statutory order on treatment of person information in the central criminal register (Bekendtgørelse nr. 218 af 27/03/01) (see Ministry of Justice and Ministry of Social Affairs, 2003). Vejledning om seksualitet - uanset handicap [Guidance on sexuality – regardless of handicap] VEJ nr. 36 af 28/02/2001 http://www.sm.dk/lovgivning/retskilder/Retskildesamling/1-social_service.htm Ministry websites: Ministry of Employment http://www.bm.dk/ Minister for Gender Equality/Department of Gender Equality http://www.lige.dk/ Ministry of Interior Affairs and Health http://www.im.dk/Index/mainstart.asp?o=1&n=3&s=4 Ministry of Justice http://www.jm.dk/wimpdoc.asp?page=dept&objno=44803 Ministry of Refugee, Immigration and Integration Affairs http://www.inm.dk/Index/mainstart.asp?o=1&n=3&s=4 Ministry of Social Affairs http://www.social.dk/ Other websites: Active Fathers http://users.cybercity.dk/%7Edko7455/aktivfar.html Alternativ Til Vold i Roskilde (ATV) [Alternative to Violence, Roskilde]. www.atv-roskilde.dk Council for Socially Marginalized People (Rådet for Socialt Udsatte) http://www.udsatte.dk/ Danish Pedophile Association http://205.205.236.41/ Dialog Mod Vold (DMV) [Dialogue Against Violence]. www.dialogmodvold.dk Manderådgivningen i Aalborg [Counseling for Men, Aalborg] http://www.manderaad.dk/ Ministry of Employment, maternity leave policy www.bm.dk/barselsorlov/default.asp Safe Chat www.sikkerchat.dk Sexologisk Klinik http://www.rigshospitalet.dk/RHSexologiskKlinik.nsf/SkalKategorier/Velkomst 19 Thora Center (for the sexually abused and others) http://www.thoracenter.dk/ United Fathers Supporting Children and Parents http://www.foreningenfar.dk/Country/English/contact.asp 20