Shared parenting case against Denmark
A national court case for Shared Parenting family legislation has now been entered against the Ministry of Social Affairs, as the responsible ministry, together with the Prime Minister's Office in Denmark.
Plaintiff
Defendants
Claim
The defendant Ministry of Social Affairs must, as the responsible ministry, together with the Prime Minister's Office acknowledges that there is discrimination against children and parents as a starting point.
Children and parents are discriminated against in terms of family forms, resident and non-resident parents, and gender.
All citizens are not equal before the law and individual and concrete decisions are not made in the family law system, which is a violation of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the Act on Gender Equality, and the Ministerial Accountability Act.
Defendant should ensure that the laws and practices of family life and the family law system apply equally to all children and parents as a starting point.
The court case involves 68 specific violations related to the Council of Europe resolution 2079. Download the full court case for more information.
Case presentation
It is a human right for children to know and be cared for by their parents. Respect for family life is a human right. It is a human right to obtain protection against discrimination and it is a human right to have judicial review of civil rights within a reasonable time.
For more than 10 years, Plaintiff has demonstrated and documented to Defendant patterns and specific examples in legislation and public practice that demonstrate discrimination.
Among other things, Plaintiff delivered a comprehensive overview with 12 themes and 348 points in the 'World's first equality catalogue for children and fathers' to Defendant in 2017. In 2020, Plaintiff documented to Defendant that more items had been added than had been put in order. This is despite clear evidence of discrimination and human rights violations.
The current situation is that all fathers in Denmark and over 2 million children, parents and grandparents, where the parents do not live together, experience discrimination without individual and concrete assessment under the responsibility of Defendant. No objective assessments of the best interests of the child are made.
For historical reasons, family law is based on the discrimination of family forms, resident and non-resident parents and indirectly fathers and children. Such discrimination is not in line with today's society and Plaintiff does not believe this is allowed or can/should/must be allowed. This is of great importance to citizens and society as a whole, including children's health, public health, legal certainty, and trust in authorities.
The writ of summons is on this basis:
A) Discrimination of family forms without an individual and concrete assessment.
B) Discrimination of resident and non-resident parents without an individual and concrete assessment.
C) Discrimination against fathers without an individual and concrete assessment.
The writ of summons refers to 68 specific areas under the pleas, which are not a complete or definitive list, but express some of the most serious and extensive areas of importance to children, citizens, and society. Not everyone is equal before the law.
For more than 10 years, Defendant has received press releases virtually every week, in addition to parental surveys, research and repeated requests directly to ministers and civil servants demonstrating the discrimination.
Plaintiff
- Danish Father Association, Fruebjergvej 3, 2100 Copenhagen, Denmark
- alternatively Jesper Lohse, Chairman
Defendants
- Ministry of Social Affairs, cvr no 33962452
- The Prime Minister's Office, cvr no 10103940
Claim
The defendant Ministry of Social Affairs must, as the responsible ministry, together with the Prime Minister's Office acknowledges that there is discrimination against children and parents as a starting point.
Children and parents are discriminated against in terms of family forms, resident and non-resident parents, and gender.
All citizens are not equal before the law and individual and concrete decisions are not made in the family law system, which is a violation of the UN Convention on the Rights of the Child, the European Convention on Human Rights, the Act on Gender Equality, and the Ministerial Accountability Act.
Defendant should ensure that the laws and practices of family life and the family law system apply equally to all children and parents as a starting point.
The court case involves 68 specific violations related to the Council of Europe resolution 2079. Download the full court case for more information.
Case presentation
It is a human right for children to know and be cared for by their parents. Respect for family life is a human right. It is a human right to obtain protection against discrimination and it is a human right to have judicial review of civil rights within a reasonable time.
For more than 10 years, Plaintiff has demonstrated and documented to Defendant patterns and specific examples in legislation and public practice that demonstrate discrimination.
Among other things, Plaintiff delivered a comprehensive overview with 12 themes and 348 points in the 'World's first equality catalogue for children and fathers' to Defendant in 2017. In 2020, Plaintiff documented to Defendant that more items had been added than had been put in order. This is despite clear evidence of discrimination and human rights violations.
The current situation is that all fathers in Denmark and over 2 million children, parents and grandparents, where the parents do not live together, experience discrimination without individual and concrete assessment under the responsibility of Defendant. No objective assessments of the best interests of the child are made.
For historical reasons, family law is based on the discrimination of family forms, resident and non-resident parents and indirectly fathers and children. Such discrimination is not in line with today's society and Plaintiff does not believe this is allowed or can/should/must be allowed. This is of great importance to citizens and society as a whole, including children's health, public health, legal certainty, and trust in authorities.
The writ of summons is on this basis:
A) Discrimination of family forms without an individual and concrete assessment.
B) Discrimination of resident and non-resident parents without an individual and concrete assessment.
C) Discrimination against fathers without an individual and concrete assessment.
The writ of summons refers to 68 specific areas under the pleas, which are not a complete or definitive list, but express some of the most serious and extensive areas of importance to children, citizens, and society. Not everyone is equal before the law.
For more than 10 years, Defendant has received press releases virtually every week, in addition to parental surveys, research and repeated requests directly to ministers and civil servants demonstrating the discrimination.