Denmark: changes in the risk of Aliens Act, violating international legal standards
Denmark: changes in the risk of Aliens Act, violating international legal standards
"The recent restrictive changes in the field of asylum and immigration law in Denmark raised serious concerns about compliance with standards on human rights. The Government should review them to ensure that law and practice in full compliance with the obligation of Denmark to maintain standards protection of refugees, "said Niels today Muižnieks, Commissioner of the Council of Europe on human rights, the release of a letter addressed to Mrs Inger STØJBERG, Minister for Immigration, Integration and Housing.
The Commissioner refers in particular to changes in the Aliens Act, introduced in November last year, increasing the possibility of detention of asylum seekers under "special circumstances" and weaken judicial review of detention. "I am concerned that the possibility of increasing the use of detention in certain circumstances, coupled with the elimination of important legal guarantees regarding detention can lead to arrest used excessive and indiscriminate in terms of asylum seekers, contrary to Article 5 of the ECHR, which protects the right to freedom. "
He also expressed concern about the new package of amendments currently being discussed by the Danish Parliament which are aimed at limiting the access of beneficiaries of international protection to family reunification. "The proposal for the postponement of the right to family reunification three years for persons who temporarily subsidiary protection, raises doubts about the compatibility with Article 8 of the European Convention on Human Rights, which protects the right to respect for family life and could also violate the rights of children to live within their family environment, as provided in the UN Convention on the Rights of the Child. "it also regrets proposals aimed at tightening the criteria for obtaining a permanent residence permit and significantly reduces the duration of residence permits, especially for those who have been granted international protection. "All of these proposals are contrary to promote faster and more effective integration of these persons in Denmark."
Finally, the Commissioner sharply criticized the proposal to seize assets of asylum seekers who arrive in Denmark to cover their daily needs. "Such a measure could amount to a violation of human dignity of the persons concerned. It could also lead to violations of the right to property enshrined in Article 1 of Protocol № 1 to the ECHR."
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