38 ANNUAL REPORT 2015 An older example is a case from 1995 on the Employment Office’s alleged participation in racial discrimination in violation of international conventions, including the UN Convention on the Elimination of All Forms of Racial Discrimination. In this instance, the Ombudsman stated, among other things, that ‘there were grounds for considering’ whether the international obligations which Denmark had undertaken to eliminate racial discrimination by private employers ought to be fulfilled through legislation if the labour market organisations no longer had full control of the situation (the Ombudsman’s Annual Report for 1995, p. 46 in the Danish edition and p. 19 in the English edition). The recommendation was a contributing factor in the establishment of a bill prohibiting discriminatory treatment on the labour market. A HEAVIER AND MORE POWERFUL TOOL BOX When the Ombudsman was assigned the task of establishing the Children’s Division in 2012, it was emphasised with particular clarity in the Ombudsman Act that the Ombudsman must inform Parliament and the relevant government minister if a law does not live up to the Convention on the Rights of the Child (section 12(2) of the Ombudsman Act). On the face of it, this provision might leave the reader with the impression that the Ombudsman must henceforth supervise and review the legislative work of Parliament and the Government from the proposal stage onwards when it comes to children’s rights. And carry out abstract reviews of the compatibility of the legislation with the Convention on the Rights of the Child following the passing of the bill in question. This is not the case. It is mentioned in the explanatory notes to the proposal that the National Council for Children and the Institute for Human Rights are already acting as consultation partners on legislative proposals. The Ombudsman’s task is to act as regulator of the public administration and private institutions etc. that work directly with children. The aim of the provision is to accentuate that if in the course of his work the Ombudsman encounters areas where existing Danish legislation does not match the Convention on the Rights of the Child, he is expected to tap Parliament and the Government on the shoulder. This happened in a case from 2015 which raised the question of whether or not children in private schools were also entitled to be heard as parties before being expelled or removed.

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