Domestic Violence case

Concerning T.N. (represented by counsel, Tyge Trier) vs Denmark for violation of articles 17 of CEDAW.

The author is a citizen of the United States who married a Danish national. The author alleges that her husband began to beat her and in 2010 the violence of her husband towards her and the children worsened. He became unapologetic about the violent episodes and made regular threats that she would never see the children again if she left him. The author filed for a divorce but her children’s full custody was given to her husband.

Even though the father intended to move to Gesten, which implied that the daughters would need to change schools, and the daughters had expressed a preference to live with their mother, the District Court deemed that the father could best ensure a stable situation for the children. The basis for the decision was the absence of proof of any violence perpetrated by the author’s husband and the District Court’s assessment that the daughters would be in a better environment with their father because he would not prevent the children from seeing their mother, contrary to the mother in relation to the father. Thus a complaint was sent to CEDAW.

From the information and documents before it, the Committee concludes that the author has failed to substantiate her claim that no investigation was conducted by the State party’s authorities with regard to her allegations of domestic violence. Thus the committee declares this communication to be inadmissible.

24. March 2020

37/2012
  • Decision: 3. November 2014
  • Comm: Gender