CERD/C/71/D/40/2007
Page 3
paragraph 1(d); article 5, paragraph (e) (v); and article 6 of the International Convention on
the Elimination of All Forms of Racial Discrimination (ICERD). He is represented by
counsel, Ms. Line Bøgsted.
Factual background
2.1
The petitioner was a carpenter student at Copenhagen Technical School at the time of
the events. As part of the study programme, students were offered the possibility of doing
traineeships in private companies. On 8 September 2003, the petitioner accidentally saw a
note in a teacher’s hands, where the words “not P” appeared next to the name of a potential
employer applying for trainees to work in his company. When asked about the meaning of
that note, the teacher explained to him that the P stood for “perkere” (“Pakis”) and that it
meant that the employer in question had instructed the school not to send Pakistani or Turkish
students for training in that company. That same day, the petitioner complained orally to the
school inspector, arguing that the school collaborated with employers that did not accept
trainees of a certain ethnic origin. The inspector stated that is was the school’s firm policy
“not to accommodate wishes from employers only to accept ethnic Danes as trainees” and
that he was not aware of cases where this had happened. On 10 September 2003, the
petitioner filed a written complaint with the school management board. He claims that, ever
since his complaint was filed, he has been treated badly by school staff and students and was
assigned to projects which he would normally not be expected to carry out at the school.
2.2
From October to December 2003, the petitioner worked as a trainee in a small
carpenter business. Upon his return to the school, he was informed that he had to start a new
traineeship with another company four days later, although he was enrolled in a course that
started two weeks later. A journeyman, with whom he worked at this new company, informed
him that the School had asked the company if it would accept to send “a Black”. Back at the
school, he started a new course. On the second day of the course, he asked the teacher for
help with some drawings, which he did not obtain. He contends that the frustration
experienced as a result of the discriminatory treatment received at the school led to his
dropping the course and becoming depressive. He sought medical help and was referred to
Bispebjerg Hospital, where he was treated with antidepressants. He abandoned the idea of
becoming a carpenter and started working as a home carer.
2.3
The petitioner contacted an independent institution, the Documentation and Advisory
Centre on Racial Discrimination (DACoRD), and asked for assistance. He complained that
the school had agreed to the employer’s request and stated that he had experienced reprisals
from the school staff since he had complained about this. DACoRD then filed a complaint on
behalf of the petitioner to the Complaints Committee on Ethnic Equal Treatment (established
under Act No. 374, of 28 May 2003, on Ethnic Equal Treatment), arguing that the school’s
practice consisting in agreeing to employers’ requests to send only trainees of Danish origin
constituted direct discrimination.
2.4
The Complaints Committee examined the case and exchanged correspondence with
the school and with DACoRD. In the correspondence, the school admitted that unequal