THE OMBUDSMAN AND THE INTERNATIONAL CONVENTIONS
The Ombudsman raised the question with the Ministry of Education after
receiving a number of complaints from parents. In this context, he stressed
his special duty to point out legislative deficiencies in relation to Denmark’s
international obligations according to the UN Convention on the Rights of the
Child.
In the Ombudsman’s assessment, the gap in the legislation was problematic in
relation to Article 12 of the Convention on the Rights of the Child regarding a
child’s right to be heard and involved in all matters affecting the child. He emphasised that it was the Ministry’s responsibility to ensure that private schools
would in future comply with the Convention, through legislation if necessary.
In the Ministry’s assessment, a guidance and information drive towards the
schools would at first be sufficient to ensure the child’s right to be heard. The
Ombudsman took note of this assessment and stated at the same time that he
would pay special attention to the problem to see if it will in fact be resolved in
practice (the Ombudsman’s Annual Report for 2015, Case No. 2015-53).
For decades, international law has been part of the Ombudsman’s legal tool
box. The special duties in regard to selected conventions and practice codes
have provided the Ombudsman with new partners and roles, both at home and
abroad, and have made the tool box for his daily work both heavier and more
powerful.
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