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)