DENMARK

Right to Shelter

Right to Health Care

Right to Fair Labor Conditions

Right to Organize

Right to Education and Training

Right to a Minimum Subsistence

Right to Family Life

Right to Moral and Physical Integrity

Right to Legal Aid

 

General Remarks

 

The key to the Danish society, and to functioning in it, is the social security number. As undocumented migrants do not have such a number, it is very difficult for them to gain access to public services.

 

1. Right to Shelter

 

Can an undocumented migrant receive accommodation in a public housing shelter or in a private shelter that receives public funding?

No information provided.  

Is it legal for a landlord to rent out an apartment to an undocumented migrant?  

 

No information provided.

 

2. Right to Health Care

 

Do undocumented migrants have access to public health care or is there a special health service only for undocumented migrants?

 

No, there is no right to health care for undocumented migrants, although, in principle, doctors have an ethical obligation to provide anyone in urgent need of medical care.

 

Do health care professionals have the duty to report an undocumented migrant to the authorities? If yes, why? If no, why not?

 

In spite of the obligation to professional secrecy, there have been cases of doctors reporting undocumented migrants they have treated to the authorities.

 

3. Right to Fair Labour Conditions

 

Does national labour law stipulate that an employer is obliged to pay an undocumented migrant for work done, even if the worker does not have a legal residence or work permit?   

No information provided.  

If an undocumented migrant has an accident at the workplace, can s/he receive coverage from Social Security (via accident insurance) to cover the costs of treatment or care?  

No information provided.  

Can an undocumented migrant bring a court case against an employer for withheld wages?  

No information provided.  

4. Right to Organize

 

Do undocumented migrants have the right to organize?  

No information provided.  

Can an undocumented migrant be a member of a trade union?  

Yes, on the condition that s/he can afford the membership fees. Trade unions in Denmark have even held an awareness-raising campaign aimed specifically at undocumented migrants. 

5. Right to Education and Training

Can undocumented minors under the age of 18 enrol in schools? 

No. There is no legislation that says that undocumented minors can attend school. Some principals allow undocumented minors to attend classes, but they cannot take exams since they are not registered. 

Are schools obliged to report the presence of undocumented children/adolescents to the authorities?

 

No information provided.  

Do schools receive any funding for these children/adolescents?  

No.  

Do undocumented adults (over the age of 18) have the right to education and training?   

No. Some humanitarian organisations and NGOs offer vocational training and classes to undocumented migrants, but they cannot give them any official diplomas.

 

6. Right to a Minimum Subsistence

Do undocumented migrants have a right to welfare benefits from the government?

Undocumented migrants cannot receive financial assistance from public authorities. They do not have access to unemployment benefits, social security or any other service from the Danish welfare state.

 

7. Right to Family Life

Can an undocumented migrant legally get married or legally cohabitate?  

No information provided.  

Is it legal to deport an undocumented migrant without his/her spouse or child/ren?

No information provided.  

8. Right to Moral and Physical Integrity

 

Are there rules and regulations upholding the right to integrity of undocumented migrants in this country?  

No information provided.

Has this country been condemned for not respecting international agreements concerning protection of the personal integrity of undocumented migrants?

No information provided.  

Are detention centres accessible to non-governmental organizations?  

No information provided.  

9. Right to Legal Aid

Are undocumented migrants entitled at any time to free legal aid from a jurist or lawyer?

No information provided.  

Can undocumented migrants freely assert their rights in court and in the appeals court? 

No information provided.