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Law On The Danish Institute For Human Rights-Denmark's National Human Rights Institution

Original Language Title: Lov om Institut for Menneskerettigheder – Danmarks Nationale Menneskerettighedsinstitution

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Table of Contents
Chapter 1 Establishment and tasks
Chapter 2 Management of the institution
Chapter 3 Finance, accounting and auditing etc.
Chapter 4 Determination
Chapter 5 The entry into force, etc.

Law on the Institute of Human Rights-Denmark's National Human Rights institution 1)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

Establishment and tasks

§ 1. The purpose of promoting and protecting human rights in accordance with the United Nations principles applicable to the national human rights institutions is established by the Institute for Human Rights-Denmark's National Organisation, Human rights institution.

§ 2. The Institute for Human Rights-Denmark's National Human Rights institution must promote and protect human rights in peacetime and during armed conflicts, in particular by :

1) carry out monitoring and reporting on the human rights situation in Denmark,

2) perform analysis and research into the area of human rights,

3) advise the parliament, the government, the other public authorities and private actors on human rights,

4) promote the coordination and assistance of civil society organisations in the field of human rights ;

5) implement and promote the teaching of human rights,

6) provide information on human rights,

7) secure library facilities relating to human rights ; and

8) contribute to the implementation of human rights in the country of entry and land.

Paragraph 2. The Institute for Human Rights-Denmark's National Human Rights institution must promote equal treatment of all without discrimination on the grounds of gender, race or ethnic origin, including by :

1) assist the victims of discrimination in treating their complaints against discrimination taking into account the rights of the victims, associations, organisations and other legal persons ;

2) perform independent investigation of discrimination and

3) publish reports and make recommendations on issues of discrimination.

Paragraph 3. The Institute for Human Rights-Denmark's National Human Rights Agency gives a annual report to Parliament on the institution's activities and developments in the human rights situation in Denmark. The report shall be published by the institution.

Paragraph 4. The institution must in its effect be based on the freedoms and freedoms of the basic law and in the international community at all times recognised human rights, in particular those of the United Nations Universal Declaration, the UN Conventions and the Council of Europe of Europe Conventions mentioned human rights, as well as in the Charter of Fundamental Rights of the European Union, and in commitments relating to the human dimension of the OSCE.

Paragraph 5. The institution has the freedom of research.

Paragraph 6. The scientific staff of the institution has the freedom of research and researchers within the framework of the institution's research strategic framework at the time when they are not subject to other tasks.

Chapter 2

Management of the institution

The Management Board

§ 3. The Institute for Human Rights-Denmark's National Human Rights institution is led by a governing board which makes a decision on all the major issues of the institution's technical work area, the economy and administration.

Paragraph 2. The Management Board shall be composed of 13 members designated in their personal capacity as follows :

1) 6 members shall be appointed by the Council for Human Rights, cf. paragraph 4.

2) 1 member is nominated by the Headmaster of the University of Copenhagen, cf. paragraph 5.

3) 1 member is appointed by the Headmaster of Aarhus University, cf. paragraph 5.

4) A Member shall be designated by the principal of the University of South Danish University, cf. paragraph 5.

5) 1 member shall be appointed by the Headmaster of the University of Aalborg, cf. paragraph 5.

6) 2 members shall be designated by the College of Advertising of Danish Universities.

7) 1 member is selected by the staff at the institution, cf. paragraph 6.

Paragraph 3. The members of the Management Board shall be appointed for a four-year period and may be re-appointed for a further period. After at least 4 years of running, they can only be selected or selected again after at least 4 years.

Paragraph 4. Among the members of the Management Board appointed by the Council for Human Rights, at least one member shall be associated with an organisation involved in matters relating to the ethnic minorities, at least one member, to be associated with it ; to an organisation involved in the equal treatment of women and men, and at least one member shall be appointed in accordance with the recommendation of Danske Handicaporganisations.

Paragraph 5. It is being sought that at least two of the Headmaster of the University of Copenhagen, Aarhus University, South Danish University and the University of Aalborg appointed members are associated with the legal specialised groups.

Paragraph 6. Election of an employee at the institution shall take place in accordance with the provisions of this Directive in the company law. Employees ' representatives are protected from dismissal and other deterioration in conditions in the same way as confidence representatives in the area or similar area.

§ 4. The Management Board shall elect, among its members, 1 President.

Paragraph 2. The Management Board shall adopt its rules of procedure.

Paragraph 3. The Administrative Board shall draw up a statute for the institution approved by the Foreign Minister.

Paragraph 4. The Administrative Board may, as appropriate, set up special committees.

Human Rights Council

§ 5. The Administrative Board shall, in accordance with the public consultation of the Council of Human Rights, set out in such a way that it reflects the views expressed by civil society organisations which are working on human rights. In addition, the public authorities concerned may also be admitted as members of the Council. The Administrative Board shall lay down detailed rules for the membership of the Council in accordance with the United Nations principles of the United Nations for the national human rights institutions.

Paragraph 2. The Human Rights Council discusses the broad guidelines for the establishment of the institution and follows its activities with a view to promoting the law. The Council may submit proposals to the institution of the institution for new activities and to assess the course of the activities carried out so far.

Paragraph 3. The Human Rights Council will adopt rules for its operation.

Paragraph 4. Members of the Council, representing civil society organisations, have the right to vote. Representatives of the public authorities and representatives of the Board of Governing Board members of the Board shall not vote.

The Director

§ 6. The Administrative Board shall appoint an Executive Director in accordance with the public record of the institution ' s day-to-day administration in technical matters and economic and administrative matters.

Paragraph 2. The Director will be attending board meetings without voting rights.

Chapter 3

Finance, accounting and auditing etc.

§ 7. The Institute for Human Rights-Denmark's National Human Rights institution is an independent self-governing institution in the field of public administration.

Paragraph 2. The State provides an annual subsidy for the operation and activities of the institution.

§ 8. The institution may, in accordance with its purpose, receive income from funds, gifts and so on and can operate commercial enterprise, subsidy-financed research activities and other subsidy-financed activities, including consultancy services and advice as to the extent that this is compatible with the taking of the institution's other duties.

Paragraph 2. The institution may, in accordance with its purpose, conclude multi-annual agreements with public authorities for the solution of specific tasks.

§ 9. The institution shall apply the governmental accounting rules after the Ministry of Finance ' s notice on the state's accounting system. The institution's financial year is financial year. At the end of the accounting year, the institution ' s annual report shall be drawn up by the Management Board and the Director.

Paragraph 2. The institution's annual report shall be reviewed in accordance with good public audit practice of the impeachment auditor, cf. sections 2 and 3 in the review of the accounts of the state ' s accounts, etc.

Chapter 4

Determination

§ 10. The institution can only be reduced by law.

Paragraph 2. Reduces the institution as a self-balanced institution, its buildings, facilities, equipment, assets, wealth and obligations to the State shall be added to the institution.

Chapter 5

The entry into force, etc.

§ 11. The law shall enter into force on 1. January 2013.

Paragraph 2. Law No 411 of 6. June 2002 on the establishment of the Dansk Centre for International Studies and Human Rights is hereby repealed.

Paragraph 3. The Institute for Human Rights-Denmark's National Human Rights institution takes over all the assets and liabilities and incorporating all the rights and obligations undertaken by the Institute of Human Rights by the Act of the Act. The Foreign Minister distributs all the assets, liabilities, rights and obligations of the Danish Centre for International Studies and Human Rights, between the Institute for Human Rights-Denmark's National Institute, The Human Rights institution and the Danish Institute for International Studies, depending on which of the mandates of the two institutions, relates to each right or obligation. The Director of the Human Rights Institute shall continue until the end of its contract period.

Paragraph 4. The current members of the Human Rights Management Board shall continue as members of the Board of Directors of the Human Rights Institute-the National Human Rights institution of the Executive Board of the European Parliament for the remaining period of the time they have been designated ; For.

Paragraph 5. On paragraph 3, paragraph 3. 2, no. 1, cf. paragraph 4, as transitional arrangements, shall apply to the first time following the entry into force of the Act, where the membership period expires on a member appointed by the Council for Human Rights on the basis of their affiliation with ethnic minorities or in a humanitarian case ; organisation dealing with matters of the role of ethnic minorities in accordance with law No 411 of 6. June 2002 on the establishment of the Danish Centre for International Studies and Human Rights, section 7 (4). 1, no. 1, cf. paragraph 2, designates the Council of Human Rights a new member on the recommendation of Danske Handicaporganisations, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4. on section 3 (3). 2, no. 1, cf. paragraph 4, shall also apply as a transitional arrangement, that the second time after the entry into force of the law, where the membership period expires on a member appointed by the Council for Human Rights on the basis of their affiliation with the ethnic minorities or to a Member State ; humanitarian organisation dealing with areas of significance for ethnic minorities under law no. 411 of 6. June 2002 on the establishment of the Danish Centre for International Studies and Human Rights, section 7 (4). 1, no. 1, cf. paragraph 2, will the Council of Human Rights appoint a new member on the basis of their association with an organisation that deals with areas of importance for the ethnic minorities, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4. Afterterm, when the membership period expires on a member appointed by the Council for Human Rights, according to the recommendation from Danske Disabled People's organisations, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4, designates the Council of Human Rights a new Member, in accordance with the recommendation of the Danish Disaster Organizations, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4, and when the membership period expires on a member appointed by the Council for Human Rights on the basis of their association with an organisation that deals with areas of importance for the ethnic minorities, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4, shall appoint a new member of the Human Rights Council on the basis of their association with an organisation concerned with areas of significance for ethnic minorities, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4.

Paragraph 6. On paragraph 3, paragraph 3. 2, no. 1, cf. paragraph The fourth paragraph shall apply as transitional arrangements for the first time after the entry into force of the law, where the membership period expires for the member appointed by the Council for Human Rights pursuant to the Law No ; 411 of 6. June 2002 on the establishment of the Danish Centre for International Studies and Human Rights, section 7 (4). 1, no. 1 associated with an organisation dealing with the equal treatment of women and men, the Council of Human Rights shall appoint a new member to associate with an organisation engaged in equal treatment of women and men, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4. Subsequently, when the membership period expires on a member appointed by the Council for Human Rights on the basis of their association with an organisation involved in the equal treatment of women and men, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4, shall appoint a new member of the Human Rights Council with ties to an organisation concerned with the equal treatment of women and men, cf. Section 3, paragraph 3. 2, no. 1, cf. paragraph 4.

Paragraph 7. On paragraph 3, paragraph 3. 2, no. Amendments Nos 2 and 4 shall apply as transitional arrangements for the first time after the entry into force of the law, during which the membership expires for a member appointed by the Headmaster of the University of Copenhagen under law no. 411 of 6. June 2002 on the establishment of the Danish Centre for International Studies and Human Rights, section 7 (4). 1, no. 2, designates the principal of South Danish University a new member, cf. Section 3, paragraph 3. 1, no. 4. on section 3 (3). 2, no. In addition, 2 and 4 shall apply as a transitional arrangement, that the second time after the entry into force of the law, during which the membership expires for a member appointed by the Headmaster of the University of Copenhagen under law no. 411 of 6. June 2002 on the establishment of the Danish Centre for International Studies and Human Rights, section 7 (4). 1, no. 2, designates the Headmaster of the University of Copenhagen a new member, cf. Section 3, paragraph 3. 2, no. Subsequently, when the membership period expires for a member appointed by the Headmaster of the University of Copenhagen, pursuant to section 3 (2), 2, no. 2, designates the Headmaster of the University of Copenhagen a new member, cf. Section 3, paragraph 3. 2, no. 2.

Paragraph 8. On paragraph 3, paragraph 3. 2, no. 3 and 5 shall apply as transitional arrangements for the first time after the entry into force of the law, during which the membership expires on a member appointed by the Headmaster of Aarhus University under law no. 411 of 6. June 2002 on the establishment of the Danish Centre for International Studies and Human Rights, section 7 (4). 1, no. 3, designates the Headmaster of Aalborg University a new member, cf. Section 3, paragraph 3. 2, no. On paragraph 3, paragraph 3. 2, no. In addition, 3 and 5 shall apply as a transitional arrangement, that the second time after the entry into force of the law, during which the membership expires for a member appointed by the Headmaster of Aarhus University under law no. 411 of 6. June 2002 on the establishment of the Danish Centre for International Studies and Human Rights, section 7 (4). 1, no. 3, designates the Headmaster of Aarhus University a new member, cf. Section 3, paragraph 3. 2, no. Subsequently, when the membership period expires for a member appointed by the Headmaster of Aarhus, in accordance with section 3 (3), 2, no. 3, designates the Headmaster of Aarhus University a new member, cf. Section 3, paragraph 3. 2, no. 2.

Niner. 9. The current Council of Human Rights is constituted as the Council for Human Rights until the management board has set up a new Council, cf. Section 5 (5). 1.

§ 12. In the law on the equality of women and men, cf. Law Order no. 1095 of 19. September 2007, as last amended by Section 3 of Act 3. 182 of 8. March 2011, the following change is made :

1. In the heading to Chapter 5 and in § 14 the "Institut for Human Rights" shall be replaced by : 'Institut of Human Rights-Denmark's National Human Rights institution'.

§ 13. In the law on equal treatment of men and women, in respect of employment, etc., cf. Law Order no. 645 of 8. June 2011, the following change is made :

1. I § 18 the "Institut for Human Rights" shall be replaced by : 'Institut of Human Rights-Denmark's National Human Rights institution'.

§ 14. In the law of ethnic treatment, cf. Law Order no. 438 of 16. In May 2012, the following change is made :

1. I ~ 10 (1)) 1, the "Institut for Human Rights" shall be replaced by : 'Institut of Human Rights-Denmark's National Human Rights institution'.

§ 15. The law does not apply to the Faroe Islands and Greenland, but can, in the case of the Faroe Islands and Greenland, be in force in full or in part, with the changes that the ferry and Greenlandic conditions are changing.

Givet at the Christiansborg Castle, the 18s. June 2012

Under Our Royal Hand and Segl

MARGRETHE R.

/ Villy Sleep Valley

Official notes

1) The law lays down provisions implementing Article 13 of Directive 2000 /43/EC of the Council of 29. June 2000 on the implementation of the principle of equal treatment of all, irrespective of race or ethnic origin, of the Community Official Journal of the European Communities. In 180, page 22, Article 12 of Council Directive 2004 /113/EC of 13. In December 2004 on the implementation of the principle of equal treatment between men and women in the context of access to and supply of goods and services, the EU Official Journal 2004, nr. In 373, page 37, and Article 20 of Council Directive 2006 /54/EC of 5. July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in the context of employment and occupation (recast), EU Official Journal (2006). In 204, page 23.

Editorial Note
  • Until the law enters into force on 1. In January 2013, Act 411 of 6. June 2002.