Sensitive or controversial issues

• Author: Justesen, Pia
• Pages: 88-92

88

11SENSITIVE OR CONTROVERSIAL ISSUES

11.1Potential breaches of the directives at the national level

-Possible indirect discrimination based on ethnic origin and race

Discrimination and access to healthcare

According to Section 50 of the Danish Health Act, all residents with a right to free

treatment in hospitals, by general practitioners or by specialists have a right to an

interpreter when a doctor finds that an interpreter is necessary to explain the treatment.

With the primary aim of further incentivising foreigners to learn Danish, new rules

regarding interpreting fees came into force on 1 July 2018.265 According to Section 50(2)

of the Health Act, patients who need an interpreter and who have lived in Denmark for

more than three years are now charged a fee for the interpreting service. Among

patients who need interpretation, there is presumably an over-representation of persons

with an ethnic minority background other than Danish. Although the incentive to learn

Danish and the push to strengthen integration are legitimate aims, the means of

achieving those aims does not seem appropriate and necessary. Many of the patients

who are affected by the new legislation have low incomes and in spite of their need, will

not be able to afford an interpreter. Many patients with an ethnic minority background

therefore risk not getting equal access to healthcare. This is documented in a new report

by the DIHR and the Danish Medical Association, which reports on the results of a survey

in which more than 600 doctors account for their experiences with the interpreter

services charge and its implications after one year in force.266 The report shows that the

fee has resulted in an increased use of relatives as interpreters, and that patients who do

not speak Danish may well not receive the right healthcare. The rules may therefore

cause indirect discrimination due to ethnic origin or race in violation of Racial Equality

Directive 2000/43/ECArticle 2(2)(b) and Article 3(1)(e).

No ghettos in Denmark by 2030!

As described in Section3.2.10 (Housing), a number of laws were adopted in 2018 to

prevent and dismantle so-called ghettos and parallel societies in Denmark. The new

legislation affects primarily ethnic minorities and raises legitimate questions of possible

illegal indirect discrimination because of ethnic origin within the areas of housing,

education and social services.

Overall, the acts include strict requirements that refugees, immigrants and descendants

from non-Western countries assimilate into Danish society, including adapting to Danish

traditions, norms and values. The bills send very strong negative signals that everything

about the so-called ghettos and marginalised residential areas is bad and sad. All in all,

the rules may cause indirect discrimination due to ethnic origin or race in violation of

Racial Equality Directive 2000/43/ECArticle 2(2)(b) and Article 3(1)(e), (g) and (h).

11.2Other issues of concern

Denmark faces challenges and barriers for minorities to take part in society on an equal

footing. Research should be undertaken to examine institutional barriers that prevent

265 Consolidated Act No. 903 of 26 August 2019 (Sundhedsloven). Regulation No. 855 of 23 June 2018

(Bekendtgørelse om tolkebistand efter sundhedsloven). The rules are described in the latest official periodic

report from Denmark to the CERD-Committee covering the period from July 2013 to December 2018. See

UN document CERD/C/DNK/22-24 of 7 February 2019, paragraphs 185-190.

266 DIHR and the Danish Medical Association (Lægeforeningen) (2019), Egenbetaling for tolkebinstand – lægers

erfaring med ordningen (December 2019). See: https://menneskeret.dk/udgivelser/egenbetaling-

tolkebistand-laegers-erfaring-ordningen.