Foundation of a National Council for Children - legal framework 2012

Executive Order No. 1367 of 20th December 2012 – In force
Date of publication: 22th of December 2012
Ministry of Social Affairs and Integration

This is an unofficial translation of the Danish version of the legal framework.

Amending the following rules and regulations

Executive Order No. 458 of 15th May 2006

Overview (table of contents)

Annex 1: Ethical guidelines for members of the National Council for Children

Full text

Executive Order on a National Council for Children

In pursuance of section 88 (2) of the Danish Act on Legal Protection and Administration in Social Matters, cf. Consolidation Act No. 930 of 17 September 2012, the following provisions shall be laid down:

Composition of the National Council for Children, etc.

1. – (1) The National Council for Children shall comprise one chairman and six members. The Minister for Social Affairs and Integration shall appoint the chairman. The members shall be appointed by the Minister for Social Affairs and Integration from among candidates nominated by organisations, associations, etc. working in the field of children’s affairs, cf. section 3.

(2) The National Council for Children shall be independent.

2. – (1) The chairman and the members of the National Council for Children shall represent broad, interdisciplinary knowledge of issues regarding

1) children’s upbringing and development,

2) children’s schooling,

3) children’s cultural life and leisure,

4) children’s health,

5) children’s legal status, and

6) children with special needs.

(2) The chairman and the members shall be appointed for a term of three years. A member shall, however, serve until a new member has been appointed. The chairman and the members may be appointed for a maximum of two terms.

(3) The National Council for Children shall elect a deputy chairman from among its members. The deputy chairman is deputy for the chairman.

(4) In the event of withdrawal of one of the appointed members, the Minister for Social Affairs and Integration shall appoint a new member from among the most recently-nominated candidates.

3. – (1) Organisations, associations, etc. that are involved in the conditions and rights of children may nominate one or more candidates for the National Council for Children. In connection with the invitation to nominate candidates, the Minister for Social Affairs and Integration shall decide which organisations, associations, etc. may nominate candidates for the Council.

(2) Candidates that have been nominated must possess detailed knowledge of and professional skill in at least one of the fields of competence referred to in section 2 (1).

4. The chairman and the members must comply with the ethical guidelines set out in Annex 1 of this Executive Order.

The functions of the National Council for Children

5. – (1) The National Council for Children shall be assisted by an independent secretariat.

(2) The Minister for Social Affairs and Integration shall employ the head of secretariat.

(3) The head of secretariat shall have day-to-day managerial responsibility for the secretariat while being accountable to the National Council for Children.

(4) The head of secretariat must ensure that the administration complies with the rules that apply to governmental authorities.

6. The National Council for Children must refer specific requests from children and young people to relevant authorities.

7. – (1) The National Council for Children must be in on-going dialogue with the organisations etc. entitled to nominate members, cf. section 3, and involve them in the themes which the Council i focusing on, for example by holding a conference.

(2) Every year, the National Council for Children shall draw up a written report on the Council’s activities, to be distributed to the Danish Parliament (Folketing) as well as the organisations, associations and authorities referred to in subsection (1).

8. The National Council for Children shall lay down its own rules of procedure. The Minister for Social Affairs and Integration must approve the rules of procedure.

The tasks of the National Council for Children

9. – (1) As an advocate for children, the National Council for Children must undertake the following:

1) Collect knowledge of Children’s conditions and circumstances through practice, research and by involving the views of children, for example by requesting to visit institutions where children reside or by requesting public authorities to describe their political decisions and administrative practices in areas covered by the themes.

2) Assess and identify conditions in the development of society in general that may have an impact on children’s rights and opportunities for development in light of the provisions and intentions of the UN Convention on the Rights of the Child as well as other international conventions in the field.

3) Communicate information about children’s conditions and circumstances.

(2) In connection with legislative initiatives and other initiatives of importance for the conditions of children’s upbringing, the National Council for Children must submit legislative consultation responses.

(3) The National Council for Children must make the voices of children heard in the general public.

(4) The Council must place current issues of the rights and development opportunities of children on the public agenda.

10. The National Council for Children may take initiative on its own and present proposals for alterations in the areas within the functioning of the National Council for Children.

11. The National Council for Children must advise the Danish Parliament (Folketing), the Government and authorities on all matters of a general nature which are important to the conditions of children in society to safeguard the rights, needs and interests of children.

12. The Council may consult experts in its work.

Entry into force and transitional provisions

13. – (1) This Executive Order shall enter into force on 1 January 2013.

(2) Executive Order No. 458 of 15 May 2006 on a National Council for Children shall be repealed simultaneously.

(3) In connection with the application of the provision laid down in section 2 (2), third sentence, consideration shall be given to the periods when the chairman and the members have been appointed prior to the commencement of the Executive Order.

Ministry of Social Affairs and Integration, 20th of December 2012
Karen Hækkerup (Minister for Social Affairs)
/ Jesper Zwisler (Head of Department)


Annex 1

Ethical guidelines for members of the National Council for Children

The chairman and the members of the National Council for Children are expected to:

  • possess professional knowledge of the fields of competence of the Council,
  • conduct themselves with the dignity required by the office, both in and outside the performance of the office,
  • participate actively in the work of The Council,
  • contribute actively in carrying out the activities of The Council,
  • positively collaborate with the secretariat of the National Council for Children on the planning of the Council’s work and activities,
  • partake based on the premises on which the work of the Council rests in pursuance of Executive Order on a National Council for Children,
  • resign from the Council in the event that they are charged with other tasks that may conflict with the work of the National Council for Children, and
  • resign from the Council in the event that the connection to the field of competence in which the member was selected changes significantly or ceases to exist.