Legal Basis 1998 

Ministry of Social Affairs, Order no. 2 of 5 January 1998

In pursuance of section 88 of Act no. 453 of 10 June 1997 on the rule of law and administration in social areas, the following provisions shall be laid down:
 

1. The Minister of Social Affairs establishes a National Council for Children which shall work on ensuring children's rights and on putting focus on and providing information about children's conditions in the society. The Council shall advise authorities on matters relating to children's conditions and include children's points of view in its work. Moreover, the Council shall assess the conditions under which children in Denmark live, in the light of the provisions and intentions set out in the United Nations' Convention on the Rights of the Child.

2. (1) The Council shall be independent and interdisciplinary. Together the members shall represent insight into a wide spectrum of issues concerning children's upbringing and development, children's schooling, cultural and leisure life, children's health, children's legal status and children with special needs.

(2) The Council shall be made up of one chairman and six members. The Minister of Social Affairs shall appoint the chairman and two members as well as two alternates. Four members and four alternates shall be appointed on the recommendation of an electoral assembly made up of organisations working in the children's field.

(3) The chairman and the other members of the Council shall function for a term of four years from 1 July. On their first appointment as at 1 July 1998, the term of their office shall be two years for members and alternates appointed by the Minister of Social Affairs. Members continue until new members have been appointed. Members may only be eligible for one reappointment.

(4) The National Council for Children shall elect a deputy chairman from among its members. The deputy chairman shall deputise for the Chairman.

(5) Alternates shall attend Council meetings on behalf of members in the event of longterm absence.

(6) Alternates shall replace for the unexpired term of the original appointment of any member who retires from the National Council for Children.

3. A permanent secretariat shall be attached to the National Council for Children.

4. (1) The National Council for Children shall hold an annual meeting with the organisations and associations making up the electoral assembly and with authorities etc. with responsibilities in the field of children.

(2) Every year the National Council for Children shall make a report in writing of the activities of the Council which is distributed to the circle of people referred to above in subsection (1).

5. The National Council for Children shall lay down its own rules of procedure. The Minister of Social Affairs shall approve the rules of procedure.

6. The National Council for Children shall:

1) assess and identify conditions in the development of society in general which may possibly have an adverse impact on children's opportunities to develop;

2) follow and render visible development in the conditions of children's upbringing, and moreover identify matters in legislation and administrative practice where children's needs and rights are not met sufficiently or are directly ignored or which are inappropriate in the light of the safeguarding of a good childhood and adolescence;

3) pass on information about children, bring topical issues up for debate and plead the cause of children in the public debate; and

4) work to give children better opportunities of participating in the debate and influencing the development in society.

(2) Moreover, the National Council for Children is allowed to take up general issues and request public authorities to account for political decisions and administrative practice relating to those issues.

(3) In connection with the legislative initiatives and other initiatives which are important to children's upbringing, the National Council for Children will be heard.

(4) The National Council for Children cannot take up specific complaints for consideration.

7. The National Council for Children may itself take initiatives and make proposals for alterations in the areas referred to in section 6 (1) and (2) above.

8. The Folketing (the Danish parliament), ministers and national authorities may consult the National Council for Children in all matters of a general nature which are important to the conditions of children in society, for example to ensure that children's rights, needs and interests are safeguarded in the society's planning.

9. The Council may involve special experts in the work.

10. (1) Organisations, associations, etc., working in the field of upbringing of children, shall appoint one member to the electoral assembly referred to above under section 2 (2).

(2) Each member of the electoral assembly shall have vote and the right to offer himself or herself as a candidate for the National Council for Children.

(3) The electoral assembly shall be convened at the annual meeting referred to under section 4 (1) above.

(4) The Ministry of Social Affairs shall decide finally which new organisations, associations, etc., may be represented in the electoral assembly.

11. Funds for the activities of the Council will be voted in the annual Finance Acts.

12. This Order shall come into force on 1 July 1998.

Minister of Social Affairs, 5 January 1998
Karen Jespersen
/ Anders Lynge Madsen