36
ANNUAL REPORT 2015
Convention on the Rights of the Child and the Convention for the Rights of
Persons with Disabilities, all of which Denmark has acceded to – therefore all
Danish authorities are obligated to contribute to their discharge.
These conventions also entered into the Ombudsman’s work before he was given
the special tasks. As an example, in a statement from 2009 the Ombudsman
made a thorough examination of the Convention on the Rights of the Child
and of the Convention for the Rights of Persons with Disabilities in order to
determine whether the parents of a 13-year-old boy with infantile autism were
entitled to reject a municipality’s offer of a place at a particular special needs
school (the Ombudsman’s Annual Report for 2009, Case No. 2009 18-1).
MUST THE OMBUDSMAN ALSO BE A REGULATORY AUTHORITY FOR
THE FOLKETING?
The Ombudsman’s new international tasks have in some contexts raised the
question whether the Parliamentary Ombudsman from now on must regulate
the legislative power and thereby the Ombudsman’s own employer, Parliament.
The short answer is no. But the issue is a central one and deserves to be explained
in a little more detail.
The Ombudsman’s function as a guardian of international conventions in relation
to the prevention of torture and the protection of children’s rights consists first
and foremost in ensuring that the authorities observe the international conventions within the framework of Danish legislation. This is classic ombudsman
T H E OM B U DSM A N ’ S S P EC I A L I N T E R N AT I O N A L TA S KS
Monitoring deportations of foreign nationals: Through an amendment in the Danish Aliens
Act and as part of the completion of Denmark’s obligations under the Schengen Agreement,
Parliament and the Government have in 2011 assigned to the Parliamentary Ombudsman a special task of
monitoring forced deportations by the Danish police of foreign nationals from non-EU countries.
2011
Among other things, the task has led to a closer cooperation with the EU Ombudsman, other national
ombudsmen within the EU with the same task as the Danish Parliamentary Ombudsman, and with the EU
border control agency, Frontex.
Please see also the article ‘Eyewitness to forced deportations by the police’, pages 66-71.
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