Denial of application to grant nationality through naturalization

Palestinian person v.Denmark on violation of art.26 and art.2 (1) of the Convent.

The author J.S.K.N. arrived in Denmark in 1991 and was granted a residence permit. In 2002 he was granted refugee status and a permanent residence permit. According to a medical certificate, the author has been diagnosed with post-traumatic stress disorder caused the effects of the torture that he experienced prior to arriving to Denmark.
Due to his mental health condition, the author was unable to learn Danish on the level, which is sufficient for obtaining the citizenship in Denmark. Thus, the author applied for citizenship through naturalization in Denmark. His application was rejected.
Following new national regulations for naturalization, the author reapplied for citizenship through naturalization, which included an examination regarding the Danish language proficiency requirement for persons with disabilities (C.L.No9253 of June 6 2013 and C.L.No.10873 of 13 October 2015). His application has been again rejected, what considered by the author as discriminatory based on his disability status.
Communication was submitted to the CCPR in 2016, which in its turn, recognized a violation by Denmark of article 26 of the Covenant, as far as Danish state authorities failed to grant an exemption, based on reasonable and objective grounds. Pursuant to article 2 (3) (a) of the Covenant, Denmark was obliged to provide the author with an effective remedy as well as with the adequate compensation.
CCPR scheduled a deadline for Denmark within 180 days to provide an information about measures taken to give effect to the CCPR’s decision.
The CCPR’s decision remains unimplemented by the Danish authorities and the Danish Refugee Board rejected again granting a refugee status.

15. November 2023

CCPR 2754/2016
  • Decision: 12 December 2022
  • Comm: Human Rights