reunification. In May, the High Court of
Eastern Denmark ruled that the
postponement of family reunification of a
Syrian refugee with his wife was not in
violation of the right to family life under the
European Convention on Human Rights. In
November, the Supreme Court confirmed this
ruling.
In January, the Supreme Court ruled that
the compulsory overnight stay and twice daily
reporting regime at a centre for individuals on
“tolerated stay” (those excluded from
protection but who could not be deported),
constituted a disproportionate measure
amounting to custody when extended beyond
a period of four years. The government
implemented the ruling, but also decided that
any person leaving the centre to live with
their family would lose their right to health
care and financial assistance for food.
In March, the Parliamentary Ombudsman
concluded that government policy to separate
asylum-seeking couples when one partner
was under the age of 18 was a violation of the
Danish Act on Public Administration and
possibly a violation of the right to family life.
The policy did not provide for a process to
determine whether the separation was in the
interest of the younger spouse and did not
consider their opinion.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
In January, Parliament’s landmark 2016
resolution to end the pathologization of
transgender identities was implemented.
However, existing procedural rules on access
to hormone treatment and gender-affirming
surgery continued to unreasonably prolong
the gender recognition process for
transgender people.
No national guidelines from the Danish
Health Authority outlined how doctors should
treat children with variations of sex
characteristics and the approach was not
human rights-based. This allowed nonemergency invasive and irreversible medical
procedures to be carried out on children,
typically under the age of 10, in violation of
the UN Convention on the Rights of the
Child. These procedures can be carried out
despite the lack of medical research to
support the need for surgical intervention,
and despite documentation of the risk of
lifelong harmful effects.1 In October the UN
Committee on the Rights of the Child raised
concerns regarding surgical interventions on
intersex children.
1. Europe: First, do no harm − ensuring the rights of children with
variations of sex characteristics in Denmark and Germany (EUR
01/6086/2017)
VIOLENCE AGAINST WOMEN
In April, a proposal by the opposition to
introduce a consent-based definition of rape,
in line with the Council of Europe Convention
on Preventing and Combating Violence
against Women and Domestic Violence
(Istanbul Convention) ratified by Denmark in
2014, was rejected in Parliament. In
November, the Council of Europe's Group of
Experts on Action against Violence against
Women and Domestic Violence (GREVIO)
encouraged the Danish authorities to change
the current sexual violence legislation and
base it on the notion of freely given consent
as required by the Istanbul Convention.
DOMINICAN
REPUBLIC
Dominican Republic
Head of state and government: Danilo Medina Sánchez
Limited progress was made in solving the
statelessness crisis. Abortion remained
criminalized in all circumstances. Excessive
use of force by the police and gender-based
violence continued.
BACKGROUND
The Dominican Republic suffered from a
series of natural disasters that hit the
Caribbean during the year, including two
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Amnesty International Report 2017/18
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