THE OMBUDSMAN AND THE INTERNATIONAL CONVENTIONS
porated in Danish law at the time, should be taken into consideration by the
immigration authorities (the Ombudsman’s Annual Report for 1982, p. 156, in
Danish only).
As far back as the 1970s, the Ombudsman has also included international
protocols, including non-binding guidelines, in his monitoring activities with
regard to prisons and psychiatric institutions etc.
One example is an inspection visit in 1975 to ‘Ebberødgård’, an institution under
the then National Mental Deficiency Service, where the Ombudsman in his report on the institution’s secure wards concluded, among others with reference to
a UN declaration on the rights of mentally retarded persons, that ‘the clients live
under conditions which, based on humanitarian standards and (...) otherwise
recognised ideas on the treatment of human beings in institutions, in my opinion
must be considered unjustifiable’ (the Ombudsman’s Annual Report for 1975,
p. 571, in Danish only).
In various ways, international rules constitute elements of Danish law and
thereby form a natural part of the Ombudsman’s activities in the same way as
for other law-applying authorities in Denmark, for instance the courts. In this
context, EU treaties and EU law are particularly important, as they have direct
validity in Denmark, together with the European Human Rights Convention
which was incorporated into Danish legislation by law in 1982.
Other international obligations assumed by Denmark but not related to the
EU or incorporated by law are also relevant when laying down what is existing
Danish law. This applies to, for instance, the Convention against Torture, the
Equal treatment of persons with disabilities: The Ombudsman keeps tabs on the issue of
equal treatment of persons with disabilities and addresses any problems when they are
within his jurisdiction. Parliament has asked him to do so – most recently when implementing the UN
Convention on the Rights of Persons with Disabilities in 2010.
2010
At the same time, Parliament also designated the Danish Institute for Human Rights to promote, protect
and monitor the implementation of the Convention. The Danish Institute for Human Rights carries out this
task in conjunction with the Danish Disability Council and the Parliamentary Ombudsman.
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