CRC/C/DNK/CO/4
G.
Special protection measures (arts. 22, 30, 32-36, 38-40, and 37 (b)-(d),
of the Convention)
Asylum-seeking and refugee children
57.
The Committee welcomes the high standards of the reception centres for
unaccompanied children seeking asylum and that these children will continue to have
access to a legal representative following a negative decision on their asylum case as per
amendments to the Danish Aliens Act. However, the Committee is concerned that:
(a)
There are unaccompanied asylum-seeking children disappearing prior to the
final processing of their asylum case;
(b)
Many children of asylum-seeking families have been diagnosed with
psychological or psychiatric problems as a result of having experienced trauma caused by
or relating to their circumstances;
(c)
Children who do not cooperate with age-determination will face procedural
consequences;
(d)
The majority of asylum-seeking children of school-going age receive
education in separate schools where the quality of the education is significantly lower than
that of mainstream Danish schools, and that these schools do not grant academic credits
which qualify the children for further education.
58.
In the light of the above listed concerns, the Committee urges the State party:
(a)
To undertake a systematic survey on the disappearance of
unaccompanied asylum-seeking children, especially with regard to the effect that
revoking residency rights upon attaining 18 years of age may have on their
disappearance, and integrate findings in the formulation of the State party’s policies
for ensuring that the rights of children in such circumstances are fully respected;
(b)
To initiate timely, practical and appropriate measures for preventing the
disappearance of unaccompanied asylum-seeking children, including by: (i) only
applying the Dublin II Regulation in cases where it is in keeping with the child’s best
interest; and (ii) ensuring that all unaccompanied asylum-seeking children are
provided with a trained guardian and, if necessary, legal aid, with due regard to the
child’s best interest and right to information and freedom of expression, upon their
arrival and until such time when their asylum process is completed;
(c)
To revise the proposed amendments to the Danish Aliens Act to remove
the proposal that if a child does not cooperate with the age-determination process
there will be procedural consequences, and ensure that international standards for
how to conduct such process are introduced;
(d)
To apply the Danish Aliens Act in a manner that will ensure a legal
status and a durable solution for children suffering from trauma and diagnosed with
psychological or psychiatric problems, providing the social and health measures
required for their mental rehabilitation;
(e)
To ensure that asylum-seeking and refugee children receive the same
quality of education as children in Danish schools.
Sexual exploitation and abuse
59.
While noting that the State party is in the process of updating its Plan of Action for
Combating Sexual Abuse (2003), the Committee is concerned that the programming
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