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Do Denmark's immigration laws breach human rights?

10 February 2011 Last updated at 00:15 GMT

By Chris Bowlby BBC Radio 4

Mock marriage performed by activists during a demonstration outside the Danish

parliament The tough law on marriages involving a foreign-born spouse has led

to satirical mock weddings

Critics of Denmark's tightening rules on immigration and integration say the

country is violating European norms, including human rights legislation. How

much has Denmark's approach to these issues been transformed under pressure

from a right-wing populist party?

It looks, at first, like a familiar Scandinavian scene.

Outside the Danish parliament in Copenhagen, an international crowd mixing

Danish citizens, immigrants from all kinds of backgrounds, is enjoying music

and theatre.

"Afro-Danes" are here, reflecting Denmark's long interest in African

developments and its past offers of asylum to those fleeing conflicts in Africa

and elsewhere.

The crowd laughs as a couple stage a mock marriage. An official asks whether

they are marrying "purely for immigration purposes" and "plan to live in a

ghetto".

Behind the humour, there is serious anxiety. Denmark has recently tightened its

immigration laws again, with a points system designed to make it more difficult

for "family reunion" to bring foreigners into the country through marriage.

And the language of "ghettoes", warnings of a threat to "Danish values", are

now heard routinely in political and popular debate.

Points system

There are new stricter requirements for would-be immigrants, and for those

already in Denmark, who wish to marry a Dane. This is in addition to the

already high minimum age of 24 for both the Danish and the foreign would-be

spouse, proof of financial independence and an "active commitment to Danish

society".

Anti-DPP protestors outside the Danish parliament Opponents of the new points

system made their feelings known outside the Danish parliament

The new points system had Thomas Miller, a Dane, and his Mexican wife Carolina

so worried they might now have to leave Denmark, that they went to lobby MPs in

parliament.

"We are both graduates, we have been living in Denmark for eight years, working

and paying our taxes, with no debts to the public system. Despite this, she

would get no points," says Thomas.

"It's as if they don't want Danes to marry foreigners anymore. It's very

worrying," Carolina adds.

"I'm speechless, it's so unjust," says Thomas. "It's all about the stick,

there's no carrot."

Human rights breaches

European and international bodies have pointed out that some of these laws and

regulations could be in breach of human rights legislation.

Professor Margot Horspool, a specialist in European law at the British

Institute of International and Comparative Law, says that the restrictions on

marrying foreigners "almost certainly breach European Union law in respect of

discrimination as to ethnic origin, and possibly as to age".

She also believes the rules may violate EU legal protection of "the right to

family life".

Another tightening of the rules prohibits state-funded hostels for the homeless

from accepting foreigners who do not have permanent residency status. Reports

say that this has led to people freezing to death in the sub-zero winter

temperatures.

This, suggests Professor Horspool, breaks EU legal commitments not to subject

individuals to inhuman or degrading treatment, laws that amount to an

"obligation on the member state to ensure that humans are not left out in the

street to freeze or indeed to starve."

TO MARRY A FOREIGNER

other country

The Danish government denies that its laws breach human rights, and says the

24-year age restriction is to prevent forced marriages.

Naser Khader, himself of Palestinian and Syrian descent, is now the immigration

spokesman for the Conservatives, part of the governing coalition which depends

on the votes of the DPP, the anti-immigration Danish People's Party.

He defends the toughened immigration policies: "We have a lot of people with an

immigrant background who married cousins from their parents' villages, who came

to Denmark with no language skills, education or work experience and became a

great cost to Danish society."

"Denmark should welcome anybody who wants to contribute to this society, but we

don't want people who don't want to contribute," he adds.

Populism

All this is part, say critics, of a decade-long transformation in Denmark's

approach to immigration and integration, under pressure from the populist

Danish People's party, the DPP.

Pia Kjaersgaard DPP leader Pia Kjaersgaard enjoys holding the balance of power

in parliament

The DPP is led by Pia Kjaersgaard, a former social worker in an old people's

home. "We founded the party because of too many immigrants," she says.

She likes to present a homely, common sense image. "I am very powerful," she

told me, "but I am also just a housewife and mother".

Denmark's Muslim population are the party's particular focus. There are many

Muslims, its says, who are unwilling to integrate and hostile to "Danish

values" such as free speech.

The "cartoons crisis" in 2005 boosted DPP support, when a Danish newspaper

published cartoons satirising the Prophet Mohammed. Many Muslims in Denmark and

abroad objected, some violently.

The party has yet to win more than around 15% of the vote in elections. But

what has given it such influence is Denmark's coalition politics. For a decade

ruling parties have depended on DPP MPs to get legislation through.

In return, the DPP has secured other parties' agreement to ever stricter rules

on immigration and integration.

Toeger Seidenfaden The late Toeger Seidenfaden regretted many Danish

politicians' decreasing interest in human rights

This has "made everyone aware of [the DPP's] power," the late Toger

Seidenfaden, Denmark's top political commentator, told me shortly before his

death last month. The DPP has become "highly visible", and is seen as the

"winner of the game", he said.

Mainstream parties originally tried to ignore the DPP or dismiss it as "not

house-trained", unworthy of political attention.

But more recently several parties have abandoned that stance, accepting the DPP

as permanent part of the political and parliamentary scene.

In Denmark, as in many other European countries, new populist parties and

movements are moving from the margins and shaping the way immigration and

integration is debated.