34
ANNUAL REPORT 2015
The national task of ensuring the efficient observance of the conventions is
also exceptional in that the assignment from Parliament and the Government
presupposes a very close collaboration with other independent Danish organisations and institutions.
In that respect, the Ombudsman is no longer quite as much of a ‘lone wolf ’, for
instance in connection with visits to prisons and institutions, but is part of permanent work relationships with organisations such as the Danish Institute for
Human Rights, DIGNITY ‒ the Danish Institute Against Torture, and also
the Danish National Council for Children and the Danish NGO Børns Vilkår
with regard to cases involving children.
THE OMBUDSMAN AND INTERNATIONAL LAW
HAVE A LONG HISTORY TOGETHER
Also before the Ombudsman was given these new tasks, international conventions formed part of the grounds of assessment for the Ombudsman’s control
and monitoring. And they still do, independently of the special tasks.
As a matter of fact, the Parliamentary Ombudsman was probably among the
first appeal bodies in Denmark to incorporate international human rights law
in the assessment of an administrative act’s legality.
As early as 1982, in a case concerning the deportation of a Thai woman staying
in Denmark with two under-age children, the Ombudsman pointed out that
Article 8 of the European Human Rights Convention, which was not incorT 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
2007
Prevention of torture: The UN Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment is from 1984.
In 2002, the State Parties to the Convention against Torture agreed on an additional optional protocol
(OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment). The protocol charges the State Parties with setting up a system of regular
visits by independent bodies to places where people are being deprived of their liberty, in order to
prevent torture etc. The individual State Parties must establish one or more bodies for the prevention of
torture etc.; a so-called national preventive mechanism, NPM.
Denmark ratified OPCAT in 2004, and in 2007 the Parliamentary Ombudsman was designated as Denmark’s national preventive mechanism. As presumed by Parliament, the organisation DIGNITY – Danish
Institute Against Torture (formerly the Rehabilitation and Research Centre for Victims of Torture) and
the Danish Institute for Human Rights contribute actively to the daily work of the national preventive
mechanism.
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