2014 AT THE OMBUDSMAN INSTITUTION
been on, for example, re-education stays in their native country. In these cases, the
child’s residence permit will have expired, but the authorities can grant an
exemption or give the child a new residence permit.
On the basis of a Supreme Court judgment from November 2012 and on our
own initiative, we raised the question of the authorities’ practice in these cases
‒ especially with the aim of ensuring that this practice complies fully with the
European Convention on Human Rights. This led to an adjustment of the authorities’ practice so that the assessment is now less rigid and relies particularly
on a concrete assessment of the extent to which the child has been formed by
Danish society already before the re-education period abroad.
These are questions which are important to the life and fate of quite a few
children. However, the case did not receive much attention. Maybe it lacked a
particular child to be its ‘face’. Maybe the case was associated too much with
dry, administrative practices and too little with the fate of people. But the fate
of people was precisely what it was all about (news item of 1 September 2014).
Another case concerned the conditions for live-born but inevitably dying infants who had been born after an abortion or as extremely early births (Annual
Report 2012, Case No. 2012-10). This was a case we raised back in 2011 after
press coverage of how these children in some cases were left to die alone in the
sluice rooms of the hospital maternity wards.
The case gave rise to a lengthy dialogue between the Ombudsman and the
health authorities, and in the autumn of 2013, the result became that all Danish
maternity wards now have precise instructions on how to care for the child in
the time it is alive. Nothing can change the fact that this is a grievous situation, and it can be unbearable just to contemplate that children die a few hours
after they are born. But hardly anyone would dispute that the children shall
have all the care, warmth and dignity they can get in their short lives. This has
now been ensured, as indicated, following dialogue with the responsible health
authorities (news item of 25 February 2014).
This case did not garner much attention in the media either, and one may ask
why that is. Was it for example because under the circumstances, the best solution had been found, and it had come about as a result of an exemplary cooperation between the Ombudsman and the authorities? Is the answer quite simply
that cases involving conflict and strife provide an easier gateway to the media
than cases where difficult issues find good solutions? Or was this also caused by
the lack of a specific ‘story’?
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