CERD/C/71/D/40/2007 Page 6 4.2 The State party claims that the complaint is based on the Copenhagen Technical School’s alleged practice of complying with discriminatory requests from certain employers who apparently refused to accept trainees with an ethnic origin other than Danish for traineeships. However, the State party contends that the petitioner was never in a position where he was directly and individually subjected to and/or affected by this alleged discriminatory practice and therefore has no legal interest in contesting it. It notes that the reason why the applicant did not start his traineeship in September 2003 was, as established by both the Copenhagen City Court and the High Court of Eastern Denmark, solely his lack of professional qualifications. He had failed the examination after his first year of training and was thus ineligible for a traineeship in September 2003 but had to undergo a one-month aptitude test at the School. It concludes that the School’s treatment of the applicant with regard to the traineeship was merely based on objective criteria. In the State party’s view, this statement is confirmed by the fact that the petitioner started a traineeship on 6 October 2003, after having completed the relevant aptitude test. 4.3 The State party maintains that, even if it were concluded that the School and/or certain staff members acted in a racially discriminatory manner in some cases when allocating traineeships to students, there was no discrimination in the petitioner’s case and had thus no existing or imminent effects on the applicant’s enjoyment of his rights under the Convention. 4.4 On the merits, the State party contends that both the protection offered to the applicant and the remedies available to address his claim of racial discrimination fully satisfy the Convention’s requirements under articles 2, paragraph 1 (d); 5 (e) (v) and 6. It notes that the Convention does not guarantee a specific outcome of the complaints of alleged discrimination but rather sets out certain requirements for the national authorities’ processing of such cases. The judgements of both the City Court and the High Court are based on the Danish Act on Ethnic Equal Treatment, which offers comprehensive protection against racial discrimination under Danish law. It notes that this Act entered into force on 1 July 2003 to implement EU Council Directive 2000/43/EC, yet it is not the only instrument that recognises the principle of equal treatment. The State party adapted its legislation back in 1971 to meet its obligations pursuant to the Convention.2 4.5 According to the State party, the petitioner’s submissions, particularly his claims under article 2, paragraph 1 (d) and article 6 of the Convention, are phrased in abstract and general terms. It recalls the Human Rights Committee’s established practice that, when examining individual complaints under the Optional Protocol, it is not its task to decide in abstract whether or not the national law of a State party is compatible with the Covenant, but only to consider whether there is or has been a violation of the Covenant in the particular case 2 The State party refers the its initial and second report to CERD (CERD/C/R.50/Add.3 and CERD/C/R.77/Add.2)

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