Furthermore, the Committee on the Elimination of Discrimination against Women
(CEDAW) expressed concern that the law on nationality in Denmark continued to have
an adverse impact on stateless women and girls, and encouraged Denmark to provide
for the automatic granting of nationality to all children born in Denmark who would
otherwise be stateless.12
10. In 2017, the Committee on the Rights of the Child urged Denmark “to provide for the
automatic granting of nationality to all children born in Denmark who would otherwise
be stateless”.13
11. At the High-Level Segment on Statelessness in October 2019, Denmark recognised the
overall importance of the statelessness conventions and pledged to continue its efforts
for the general avoidance of statelessness and to improve cooperation between relevant
authorities regarding the identification of stateless persons.14
12. The submitting organisations do not consider that these recommendations have been
fully implemented and Denmark’s legal framework for the prevention and reduction of
childhood statelessness is not yet fully aligned with international law.
Denmark’s International Obligations
13. Denmark has international obligations to protect the right to a nationality and protect
the rights of stateless persons on the basis of UN and regional treaties to which it is a
party. It has acceded to the Convention on the Status of Stateless Persons (1954
Convention) and to the Convention on the Reduction of Statelessness (1961
Convention). Denmark’s international obligations on the protection of stateless persons
also derive from the International Covenant on Civil and Political Rights (ICCPR) (see
Article 24.3), the International Covenant on Economic, Social and Cultural Rights
(ICESCR) (see Articles 2.2 and 3), the Convention of the Rights of the Child (CRC) (see
Articles 2, 3, 7 and 8), the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) (see Article 9), the International Convention on the Elimination
of All Forms of Racial Discrimination (CERD) (see Article 5(d)(iii)), and the Convention on
the Rights of Persons with Disabilities (CRPD) (see Article 18). The country has also signed
the International Convention for the Protection of All persons from Enforced
Disappearance (see Article 25).
14. Denmark is also party to the European Convention on Human Rights and Fundamental
Freedoms (ECHR) and the European Convention on Nationality (ECN). However, it
retains the reservation that Article 12 of the ECN shall not be binding on Denmark, a
provision that ensures the right to a review of decisions relating to the acquisition,
retention, loss, recovery, or certification of nationality. Referring to Article 29(2) of the
Convention, Denmark noted that naturalisation is granted by law and the Danish
Parliament is not bound by the general rules of administrative law, which implies that
there is no right to an administrative review.
12
CEDAW/C/DNK/CO/8, Committee on the Elimination of Discrimination against Women, Concluding observations on the
eighth periodic report of Denmark, 11 March 2015, paras. 25-26.
13 CRC/C/DNK/CO/5, Committee on the Rights of the Child, Concluding observations on the fifth periodic report of Denmark, 26
October 2017, para. 15.
14 UNHCR (2020), High-Level Segment on Statelessness: Results and Highlights, p. 58, available at:
https://www.refworld.org/docid/5ec3e91b4.html
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