It is difficult to comprehend how the Danish authorities have reached the conclusion that Damascus and the surrounding area are safe enough for asylum seekers to return to

Dan Hindsgaul, Acting SG of Amnesty International Denmark

Activists and organizations are now joining forces in a joint protest against the Danish government’s plans for returns of Syrian refugees. Haifaa Awad, Mellemfolkeligt Samvirke, Dansk Flygtningehjælp Ungdom and Amnesty International Denmark convene demonstrations across the country on Wednesday.

The message is clear: The Danish government should immediately stop plans to withdraw Syrian residence permits.

Hundreds of Syrian refugees, including children, have been told by the Danish Immigration Service to return to Syria, assessing that Damascus and the surrounding areas are safe to return to. At least 39 Syrians have received their final assessment in the Refugee Board – and are now in a deportation position.

But Syria is far from a safe country. Although military hostilities have diminished in most of the country, Syrian citizens continue to risk persecution and human rights abuses – including in Damascus and the surrounding area.

“In Damascus, the Assad regime has consolidated its power now, not with bombs, but with horrific human rights violations, extremely arbitrary arrests and extensive torture laboratories. Can our Prime Minister Mette Frederiksen guarantee the lives of Syrian refugees when they cross the border when the UN and the United States cannot? ” said activist, Dr Haifaa Awad.

Young people who have fled to Denmark, and – after a number of years here – have begun to dream in Danish, are now facing another violent trauma caused by Denmark's current deportation policy

Natasha Al-Hariri, Director of the Danish Refugee Council Youth.

For years, Amnesty International has documented gross and systematic human rights violations by the regime in Syria. The human rights organization is shocked by Denmark’s unilateral action:

“It is difficult to comprehend how the Danish authorities have reached the conclusion that Damascus and the surrounding area are safe enough for asylum seekers to return to,” said Dan Hindsgaul, Acting Secretary General of Amnesty International Denmark.

“Our research shows that Syrians who have been send back are routinely subjected to interrogation by Syrian security forces. The security forces are known and notorious for being behind arbitrary detention, torture and murder. Wanting to send people back to such a risk is contrary to Denmark’s human rights obligations.” 

“Denmark was once a pioneer internationally in the UN’s protection of refugees. Now the Danish government, unlike all other countries, will send back Syrians and thus de facto legitimize President Assad’s regime. We must say the opposite, and fortunately there are now also members of the Social Democratic governing party who are doing this,” said Secretary General of Mellemfolkeligt Samvirke, Tim Whyte.

“Young people who have fled to Denmark, and who after a few years in the country, have begun to dream and think in Danish, are now facing another violent trauma caused by the Danish government’s current deportation policy. No one should be deported to the same dictator that they fled from,” said Natasha Al-Hariri, Director of DFUNK – Danish Refugee Council Youth.

For further information please contact: mhaakansson@amnesty.dk

The post Denmark: “Syria is not safe” nationwide demonstrations against return of Syrian refugees appeared first on Amnesty International.

The climate crisis does not respect borders and our laws and policies must reflect this

Ashfaq Khalfan, Amnesty International's Law and Policy Director.

The Court will decide on whether it agrees to proceed with the case filed not only against Portugal, where the applicants live, but also 32 other countries – which comprise of EU members as well as Norway, Russia, Turkey, Switzerland, UK and Ukraine.

“The climate crisis does not respect borders and our laws and policies must reflect this. To ensure justice for people most affected by heatwaves, drought and forest fires – particularly children – states must be required to tackle climate change and its impacts at home and abroad,” said Ashfaq Khalfan, Amnesty’s Law and Policy Director.

“Governments can no longer act as if people outside their borders do not matter when they design their climate policies.”

The crowdfunded case, Duarte Agostinho and others v. Portugal and others, in which the group is intervening, has been brought by six youth from Portugal who are accusing 33 European countries of violating their human rights, including their right to life, by not taking adequate steps to limit greenhouse gas emissions.

To ensure justice for people most affected by heatwaves, drought and forest fires states must be required to tackle climate change and its impacts at home and abroad

Amnesty International

“Those affected by climate change should be allowed to make claims against governments other than their own. If governments are only required to act on the rights of people living within their borders, it is easier for them to ignore the impacts on people in the most affected countries and be more lethargic in their work to reduce greenhouse gas emissions” said Professor Mark Gibney, of the University of North Carolina Asheville.

If allowed to proceed, the case could set an important precedent, clearing the way for other climate lawsuits based on human rights arguments.

“This case is also important to ensure governments are required to design climate policy in a way that recognises the particular climate risks to children and take the ambitious climate protection measures needed to protect their rights,” said Gamze Erdem Türkelli, of the University of Antwerp. 

For more information contact Ashfaq Khalfan, Twitter: @ashfaqkhalfan

Gamze Erdem Türkelli, Twitter: @GamzeErdmTrklli

Amnesty International press office: Twitter @StefSimanowitz

For more details about the intervention, see:https://www.etoconsortium.org/en/news/news/first-climate-change-case-at-the-european-court-of-human-rights-justice-must-not-stop-at-borders-182/ . The submission is available here.

For more information on the case, see http://hudoc.echr.coe.int/eng?i=001-206535 and https://youth4climatejustice.org/the-case/.

BACKGROUND

The six applicants in this case, Cláudia Agostinho (21), Catarina Mota (20), Martim Agostinho (17), Sofia Oliveira (15), André Oliveira (12) and Mariana Agostinho (8), are suing the 27 European Union member states, as well as the UK, Switzerland, Norway, Russia, Turkey and Ukraine for failing to make deep and urgent emissions cuts to safeguard their future.

The group intervening today as a third party in the case is made up of members of the Extraterritorial Obligations Consortium which advocates for rights beyond borders.

It includes: Amnesty International; the Center for Legal and Social Studies (CELS); the Center for Transnational Environmental Accountability (CTEA); the Economic and Social Rights Centre (Hakijamii); FIAN International; the Great Lakes Initiative for Human Rights and Development (GLIHD); the University of Antwerp Law and Development Research Group; Prof. Dr. Mark Gibney; Dr. Gamze Erdem Turkelli; Dr. Sara Seck; Prof. Dr. Sigrun Skogly; Dr. Nicolas Carrillo-Santarelli; Prof. Dr. Jernej Letnar Cernic; Tom Mulisa; Dr. Nicholas Orago; Prof. Dr. Wouter Vandenhole; and Jingjing Zhang

The post Europe: “Climate justice must not stop at borders” human rights organizations tell ECHR in landmark case appeared first on Amnesty International.

“Any attempt to transfer asylum-seekers arriving in Denmark to Rwanda for their asylum claims to be processed would be not only unconscionable, but potentially unlawful. Denmark cannot deny the right of those arriving in Denmark to seek asylum and transfer them to a third country without the required guarantees.

Any attempt to transfer asylum-seekers arriving in Denmark to Rwanda for their asylum claims to be processed would be not only unconscionable, but potentially unlawful

Amnesty International

“These proposals take responsibility-shifting of refugee protection by EU governments to a new low, and would set a dangerous precedent in Europe and globally.

These proposals take responsibility-shifting of refugee protection by EU governments to a new low, and would set a dangerous precedent in Europe and globally

Amnesty International

“The idea that rich countries can pay their way out of their international obligations, stripping asylum-seekers of their right to even have their claims considered in Denmark, is deeply worrying.”

For more information or to arrange an interview contact Amnesty International press officepress@amnesty.org or call +44 (0) 20 7413 5566.

Urgent Action on Syrians at risk of deportation- https://www.amnesty.org/en/documents/eur18/4010/2021/en/

BACKGROUND

On 29 April the Danish government tabled a Draft Bill to amend the Aliens Act (“Introduction of the possibility to transfer asylum-seekers for adjudication of asylum-claims and accommodation in third countries”). The Bill will be discussed tomorrow at the Danish Parliament.

In 2020 Denmark received 1,515 asylum-applications, the lowest number in 20 years. 601 people got a permit to stay.

“This plan comes against the backdrop of the hardening of asylum policies in the country. Almost 400 Syrian refugees are at risk of return to Syria’s warzone, after Denmark decided to withdraw their protection status. https://www.amnesty.org/en/latest/news/2021/04/denmark-hundreds-of-refugees-must-not-be-illegally-forced-back-to-syrian-warzone/

The post Denmark: Plans to send asylum-seekers to Rwanda “unconscionable and potentially unlawful” appeared first on Amnesty International.

At least 380 refugees, including children, have been informed by the Danish Immigration Service that they will have to return to Syria after Denmark deemed Damascus and its surrounding area safe for return. Their temporary protection status, and therefore residence permits, have been revoked. Many of them are still waiting for their case to be finally decided in appeal.

“Having escaped a warzone, these are now facing the stark prospect of ‘voluntarily’ returning to Syria or being taken to return centres to await deportation

Amnesty International’s Europe Director, Nils Muižnieks.

Amnesty International understands that 39 people have received a final decision on their case and are at risk of being deported as soon as Denmark re-establishes diplomatic ties with the Syrian regime.

“Having escaped a warzone, at least 39 refugees who have had their final decision, are now facing the stark prospect of ‘voluntarily’ returning to Syria or being taken to return centres to await deportation. The destiny of hundreds more is still unknown,” said Amnesty International’s Europe Director, Nils Muižnieks.

“It beggars belief that Danish authorities could deem certain parts of Syria – a country where people are routinely detained, disappeared and tortured – safe for return.”

Between 1 January 2020 and 1 April 2021, Denmark stripped at least 380 Syrian refugees of their residency permits or did not renew their residency permit at the Danish Immigration Service. They were asked to return to so called “safe zones” in Syria.

It beggars belief that Danish authorities could deem certain parts of Syria – a country where people are routinely detained, disappeared and tortured – safe for return

Amnesty International

Deportations are not happening at the moment due to lack of diplomatic ties. Those affected are supposed to stay in the return centres until deportations resume – or until they decide to return to Syria “voluntarily”.

Research by Amnesty International has found that civilians who have returned to Syrian government-controlled areas, including to Damascus, are requested to go through a “security clearance”. This involves interrogation by Syrian security forces. Amnesty International considers these forces to be responsible for widespread and systematic human rights violations and abuses constituting crimes against humanity, including the use of torture, extrajudicial executions and enforced disappearances. 

Forcing these refugees, some of them children, back to Syria, even indirectly, would put them at real risk of torture and other serious abuses

Amnesty International's Nils Muižnieks

“Placing refugees in return centres indefinitely, without access to work or education, puts pressure on them to return. Forcing them back to Syria, even indirectly, would put them at real risk of torture and other serious abuses and would constitute a violation of international law,” said Nils Muižnieks.

“Danish authorities must reverse this unconscionable decision to revoke temporary protection status for Syrians and end the targeting of these refugees who have already been forced to flee their homes and families.”

For more information or to arrange an interview contact  Amnesty International press office atpress@amnesty.org or call +44 (0) 20 7413 5566.  Malene Haakansson mhaakansson@amnesty.dk  +45 25652075

Today Amnesty International launched a global Urgent Action on this situation – https://www.amnesty.org/en/documents/eur18/4010/2021/en/

BACKGROUND

The Danish conclusion that Syria is safe for returns goes against the assessments of international experts on Syria and the UN Refugee Agency, UNHCR.

People in return centres in Denmark are not permitted to work or pursue their education. Due to their irregular migration status, they are also ineligible for government benefits.

Last year, Prime Minister Mette Frederiksen said she aimed to reduce asylum applications to zero. The country decided to reassess the temporary permits of around 900 refugees last year and with the latest Damascus decision, the number stripped of residency has risen to 380 refugees.

The post Denmark: Hundreds of refugees must not be illegally forced back to Syrian warzone appeared first on Amnesty International.

One of those moments came last year during a meeting with Denmark’s then Justice Minister, Søren Pape Poulsen.

I was there to discuss with him our Amnesty International’s Let’s Talk About Yes campaign to urge the government to change Denmark’s antiquated rape laws. These laws have left thousands of women unable to access justice – women like the two survivor activists who were with me at the meeting. 

I remember watching the Minister’s face as one of the survivors described in heart-rending detail how she was failed at every stage of the Danish justice system after she reported being raped by a friend in 2018.

The Minister listened to her in silence.

I remember watching his face. He was visibly moved. When he spoke, there was tremor in his voice. He admitted that he had been wrong to argue that the proposed consent-based rape law was not practical.

Until now, Danish law has not defined rape on the basis of lack of consent. Instead, it used a definition based on whether physical violence, threat or coercion was involved or if the victim was found to have been ‘unable to resist’. The assumption that a victim gives consent because they have not physically resisted is wrong. “Involuntary paralysis” or “freezing” has been recognized by experts as a very common physiological and psychological response to sexual assault.

How the law defines rape is a crucial deciding factor in whether survivors are able to access to justice.

After that meeting, the Minister of Justice began to openly support changing the rape law. By saying publicly that he had changed his mind, he gave others the possibility to change their minds too. Today, Danish parliamentarians voted through a new consent-based law with a large majority.

This historic day did not come about by chance. It is the result of years of campaigning by survivor groups. Amnesty International has been proud to be part of a broad coalition of women’s rights organisations, movements like Black Lives Matter Denmark, survivor activists and youth activists, who together, have kept calls to change the law on the agenda. Under the banners of the #LetsTalkAboutYes campaign, thousands of people took part in demonstrations all over Denmark and campaigners met with parliamentarians and government officials many times.  

This victory is also the result of persistent work inside the Danish Parliament, especially of the Red Green Alliance party who have put forward several proposed changes to the rape law over the years. The changes were voted down again and again – but they did not give up. 

Amnesty International’s 2019 report https://www.amnesty.org/en/documents/eur18/9784/2019/en/

on access to justice for rape survivors revealed the extent to which women and girls in Denmark continue to be betrayed by outdated rape legislation. It documented that impunity and harmful gender stereotypes at every stage of the legal process stand in the way of justice.

The report got lots of attention and we were met with strong conservative forces in society, who opposed the change of law. But it also had another impact – numerous women came forward to speak about their experiences with the legal system. They described the obstacles which prevented them getting justice, or talked about why they did not feel they could report their rape. The women also gave insights into the persistent gender stereotypes and old-fashioned views on male and female sexuality which are still a reality in Denmark.

It’s became harder for any politicians with hearts and ears to keep justifying the status quo.

On 17 December, Danish parliamentarians voted for the definition of rape to be changed from a force-based one to underlining that sex without consent is rape, meaning Denmark’s legal definition of rape will finally align with international human rights standards such as the Istanbul Convention.

“The new law falls short of being crystal clear in its commentary that passivity cannot be taken to mean consent but despite this weakness, it is nevertheless a huge step forwards for Denmark”.

“It has been a historical and important fight, but it has not been without consequences for a lot of us who have used our own case to change the law,” Kirstine Holst, a consent activists told me. “The resistance has been expected and hard and it has come from a lot of places. In my own case it was the person I reported to the police as well as members of the organization of judges who attacked me in public. I am happy the law is now changed, but the fight is not over.”

This is a milestone for women’s rights. Today we are celebrate, but tomorrow we will go back to work. The law is just the first important step. The next task is to continue working on changing the culture in Danish society and among professionals in the legal system. Only then will we be in a situation where stories – like the one told so bravely by the survivor of rape to the Minister of Justice – become less and less common.

Helle Jacobsen is the senior policy advisor and researcher on gender for Amnesty International, Denmark

This article was first published here by Newsweek 

The post The long road to a consent-based rape law in Denmark appeared first on Amnesty International.

“This is a great day for women in Denmark as it consigns outdated and dangerous rape laws to the dustbin of history and helps to end pervasive stigma and endemic impunity for this crime.

This is a great day for women in Denmark as it consigns outdated and dangerous rape laws to the dustbin of history

Anna Blus, Amnesty International

“The new law falls short on being crystal clear in its commentary that passivity cannot be taken to mean consent but despite this weakness, it is nevertheless a huge step for Denmark”.

“This historic day did not come about by chance. It is the result of years of campaigning by survivors who, by telling their painful stories, have helped to ensure that other women do not have to go through what they endured.”

Incredibly, Denmark has become only the 12th country in Europe to recognise sex without consent as rape, although momentum for change is building

Anna Blus, Amnesty International

“Incredibly, Denmark has become only the 12th country in Europe to recognise sex without consent as rape, although momentum for change is building in other countries to amend their laws.

BACKGROUND

Following the passing of the bill and the Queen’s signature, Denmark will be only the 12th country in the European Economic Area to recognize that sex without consent is rape. Greece amended its rape definition in 2019 and Spain and the Netherlands recently announced plans to amend their national laws to recognize this fact.

Rape in Denmark is hugely under-reported and even when women do go to the police, the chances of prosecution or conviction are very slim.

Every year, 11,400 women in Denmark are subjected to rape or attempted rape, according to the Danish Ministry of Justice. The University of Southern Denmark’s research estimates that this figure may have been as high as 24,000 in 2017. However, in 2019 just 1,017 rapes were reported to the police and only 79 resulted in convictions.

FIND OUT MORE ABOUT THE “Let’s Talk About Yes” campaign here:

https://www.amnesty.org/en/latest/campaigns/2018/11/rape-in-europe/

For more information or to arrange an interview contact press@amnesty.orgor Amnesty International press office press@amnesty.org  or nkanafani@amnesty.dk  

BACKGROUND

The post Denmark: Historic victory for women as law changes to recognise that sex without consent is rape appeared first on Amnesty International.

“We are now just one legislative stage away from Denmark finally recognising the simple fact that sex without consent is rape.

We are now just one legislative step away from Denmark finally recognising the simple fact that sex without consent is rape

Anna Błuś, Amnesty International

“This change to outdated and dangerous rape laws is a major step towards ending pervasive stigma and endemic impunity for this crime.”

Incredibly, it will be only the 10th country in Europe to recognise sex without consent as rape although a momentum for change is building with the Netherlands and Spain preparing to amend their laws.

Helle Jacobsen, Senior Advisor on Gender for Amnesty Denmark, said:

“This change didn’t happen by chance. The demand was led by survivors who told their stories and lobbied to try and ensure no other woman would have to endure what they had suffered.

Incredibly, it will be only the 10th country in Europe to recognise sex without consent as rape

Amnesty International

“We urge Danish MPs to ensure that the new law is fully human rights compliant and not to delay rape survivors’ access to justice, as well as rape prevention any further.”

BACKGROUND

If the law is passed later this year, Denmark will be only the tenth country in the European Economic Area to recognize that sex without consent is rape. Greece amended its rape definition in 2019 and Spain and the Netherlands recently announced plans to amend their national laws to recognize this fact.

Rape in Denmark is hugely under-reported and even when women do go to the police, the chances of prosecution or conviction are very slim.

Every year, around 6,700 women in Denmark are subjected to rape or attempted rape, according to the Danish Ministry of Justice. The University of Southern Denmark’s research estimates that this figure may have been as high as 24,000 in 2017. However, in 2019 just 1,017 rapes were reported to the police and only 79 resulted in convictions.

FIND OUT MORE ABOUT THE “Let’s Talk About Yes” campaign here:

https://www.amnesty.org/en/latest/campaigns/2018/11/rape-in-europe/

For more information or to arrange an interview contact Amnesty International press office press@amnesty.org 

The post Denmark: First reading of “Sex without consent is rape” bill brings historic moment for women’s rights closer appeared first on Amnesty International.

“Dennis Christensen’s case is emblematic. He was the first Jehovah’s Witness to be criminally prosecuted and jailed, and the first to walk free. But it’s increasingly clear that the Russian state will not ease its grip under any circumstances and that tolerance and religious pluralism remain inconceivable notions for the Russian authorities.

Dennis Christensen’s case is emblematic. He was the first Jehovah’s Witness to be criminally prosecuted and jailed, and the first to walk free

Natalia Prilutskaya, Amnesty International's Russia Researcher

“Dennis Christensen and all Jehovah’s Witnesses persecuted for exercising their right to freedom of religion are prisoners of conscience and should be immediately and unconditionally released. Russia must abide by its international human rights obligations and stop persecution of people simply for practicing their religion.”

Background

Dennis Christensen, a Danish national living in Russia, was arrested in 2017 and prosecuted for peacefully exercising his right to freedom of religion. In February 2019, Dennis Christensen was sentenced to six years in a penal colony for “organizing the activities of an extremist organization.”

On 24 June 2020, the Lgov District Court of Kursk Oblast in central Russia decided that Dennis Christensen’s remaining sentence should be commuted to a fine of 400,000 rubles (US$5,700).

However, on 25 June the state prosecution unexpectedly appealed the court decision even though at the hearing the prosecution service representative had eventually supported the defence arguments. The day after Dennis Christensen was put in punitive confinement in Penal Colony No. 3 in Lgov allegedly for violating the penal colony’s rules, including not wearing a special prisoner’s jacket and being in the canteen at a wrong time. This could create grounds for the prosecution to demand that the court’s decision to release Dennis Christensen is quashed.

The post Russia: Travesty of justice: Danish Jehovah’s Witness set for release may stay in custody appeared first on Amnesty International.

Nearly 10,000 people were polled on their attitudes to online privacy and Big Tech across nine countries:  Brazil, Denmark, Egypt, France, Germany, India, Norway, South Africa and the USA.

“The poll results are stark and consistent – a clear majority of people are worried about the power Big Tech has over their lives. People are hankering for governments to do more to regulate these corporate giants,” said Tanya O’Carroll, Director of Amnesty Tech.

“The results are a damning indictment of how Big Tech companies harvest and use our personal data.   People want to see an end to tech companies trampling over our right to privacy.”

Respondents who are worried about the collection of their personal data are most concerned with the violation of their right to privacy (62%), with a majority (59%) also worried about the loss of control over their data.

The poll results are stark and consistent – a clear majority of people are worried about the power Big Tech has over their lives.

Tanya O’Carroll, Director of Amnesty Tech.

Of those who said they are worried, more than half (51%) are concerned that data about their online activity might reveal a lot about them; while almost a third (32%) fear their data could be used by state authorities to target them.

The central business model underpinning the internet today – using data to create detailed profiles of people for the purpose of selling targeted advertising – is seen as a major problem by nearly eight in ten people (77%).

When asked to explain why, six in ten said (59%) it was an invasion of privacy. More than half (53%) are concerned people could be unfairly influenced with political advertising without their knowledge. Nearly half (48%) also felt that advertisers would target people when they are at their most vulnerable.

In the USA, where next year’s Presidential race is well underway, three in four (75%) Americans said it is a problem that tech companies create and sell access to detailed personal profiles. Six in ten (61%), of those who said it was a problem, were concerned people could be unfairly influenced by political advertising.

“Scandals like Cambridge Analytica’s illicit harvesting of millions of people’s personal data have seriously damaged public trust in tech companies,” said Tanya O’Carroll.

 “Governments need to take action on the manipulation of targeted online political advertising. Our poll shows that people simply don’t trust Big Tech to determine the terms of political debate.” 

Sebastien Thibault/agoodson.com

Almost half of those polled (49%) are more cautious about how they share their personal information online. Over a third (37%) avoid certain search terms or web pages because they are concerned about tracking, while the same percentage of people (37%) elected not to use a platform because of data privacy concerns. This shows that online corporate surveillance is having a chilling on people’s ability to access the digital world. Nearly a third (32%) use tools to limit online tracking.

The results of the poll reinforce Amnesty’s analysis that the core business-model of Facebook and Google poses a systemic threat to human rights. Last month, Amnesty International released an in-depth report showing how the surveillance-based business model of the two tech giants is incompatible with every element of the right to privacy. This includes freedom from intrusion into our private lives, the right to control information about ourselves, and the right to a space in which we can freely express our identities. It also showed how the business model poses a threat to a range of other rights including freedom of opinion expression and assembly, freedom of thought, and the right to equality and non-discrimination.

Amnesty International is calling on governments to overhaul the surveillance-based business model and protect people from corporate human rights abuses. As a first step, governments must enact and enforce laws that prevent companies from making access to their services conditional on individuals “consenting” to the collection, processing or sharing of their personal data for marketing or advertising.

The post New poll reveals 7 in 10 people want governments to regulate Big Tech over personal data fears appeared first on Amnesty International.

It was a question put to me by a policeman in 2016 when I went to report the fact that I had been raped. Three years later, I heard it again.

But this time I was not in an interview room of a police station in Copenhagen. I was at a grand chamber in the United Nations building in Geneva. The question was not put to me by a policeman, but to a Danish government official by a UN expert. And it was framed in a very different way: “What are the steps you are taking to ensure that rape survivors don’t face questions like: ‘Are you aware that you are ruining his life’?” the expert asked.

This happened at the UN human rights review of Denmark last month. which I attended as part of Amnesty International’s delegation. Although I was surrounded by friends and colleagues, hearing the question made my stomach turn and my mouth go dry. It was a question that has haunted me for years.

Hearing the question made my stomach turn and my mouth go dry. It was a question that has haunted me for years

Kirstine Marie Thomsen

My experience of reporting my rape to the police was traumatising. I was 21 years old at the time. Before I got to the police station I felt torn by doubts. I feared that I would not be believed because the attack happened at my flat, because I knew my attacker, and because no violence had been involved.

Unfortunately, I was right. The police were very dismissive. They did not think I had a strong case and my report never went to trial.

My experience made me acutely aware of how the flaws of the Dannish justice system deter survivors from reporting and contribute to endemic impunity for rapists in Denmark. I also knew that as a middle-class white woman, I was not even seeing the worst of it. Our justice system treats women with less privileged backgrounds even more unfairly.

Experiences such as mine show how, despite Denmark’s reputation as a land of gender equality, women in this country do not get properly heard when it comes to gender violence. As an Amnesty International report recently revealed, antiquated laws use a definition of rape based on whether physical violence, threat or coercion were involved or if the victim is found to have been unable to resist.

The situation is similar in other European countries. Shockingly, only nine countries in the European Economic Area (EEA) recognise that sex without consent is rape.

The government in Denmark is now committed to amend the law to recognise the simple fact that sex without consent is rape. If this finally happens, it would be a huge step forward – laws are what define our society and can play a major role in defining attitudes as to what rape is.

But laws alone will not eradicate rape.

A study from the European Commission found that more than one in four people in the EU believe that sexual intercourse without consent may be justified in certain circumstances, such as if the victim is drunk or under the influence of drugs, voluntarily going home with someone, wearing revealing clothes, not saying “no” clearly, or not fighting back.

The sex education I received only taught me how to put a condom on a banana. There was no mention of consent and what it means

Kirstine Marie Thomsen

We need the police officers, lawyers and courtrooms that handle these cases to be prepared and empathetic if we want the justice system to live up to its name. We need to end the gender stereotypes that reduce women to lying bundles of emotion and take seriously these brave testimonies, so that no survivor’s life is ever seen as worth less than their perpetrators’.

And much more needs to be done in the area of prevention. In Denmark and elsewhere, we need better, age appropriate and consent-focused sex education. The sex education I received growing up only taught me how to use a tampon and put a condom on a banana. There was no mention of consent and what it means.

That needs to change. It is crucial that we teach ourselves and the younger generations about bodily autonomy and consent. No one has the right to anybody else’s body.

There is still a lot of work to be done when it comes to reducing sexual violence but we are not going to give up. Today, on the International Day for the Elimination of Violence against Women – and every day – we will continue fighting for our unequivocal right to autonomy over our own bodies.

Kirstine Marie S. Thomsen is part of the Amnesty ‘Let’s Talk About Yes’ campaign about consent and was part of the Amnesty delegation during the review of Denmark by the UN CESCR Committee, in Geneva in October 2019.

This article was first published here by Al Jazeera English.

The post Only nine European countries recognise sex without consent is rape. This must change appeared first on Amnesty International.

Paradoxically, despite its image as a land of gender equality, the reality for women in Denmark is starkly different when it comes to rape. Antiquated laws use a definition of rape based on whether physical violence, threat or coercion are involved or if the victim is found to have been unable to resist. The assumption that a victim gives her consent because she has not physically resisted is deeply problematic since “involuntary paralysis” or “freezing” has been recognized by experts  as a very common physiological and psychological response to sexual assault.

Yesterday, Denmark’s new government published a manifesto in which it commits to recognize in law the simple fact that sex without consent is rape

Amnesty International press office, Amnesty International

This focus on resistance and violence rather than on consent has an impact not only on the reporting of rape but also on wider awareness of sexual violence, both of which are key aspects in preventing rape and tackling impunity.

The issue of “involuntary paralysis” was central to last week’s sentencing of five men known as the “Wolf Pack” to 15 years in prison for an horrific gang rape in Spain. The decision by the Supreme Court overturned a 2018 ruling that established lack of consent but found the men guilty of the lesser offence of sexual abuse because the victim froze and the lower court did not find enough violence or intimidation for the crime to be considered rape. This case put the need for changing Spanish rape law high on the country’s agenda, but it is not just Denmark and Spain that are focusing on the need for change.

Shockingly, only nine countries Europe recognize that sex without consent is rape. But things are changing

Amnesty International press office, Amnesty International

Shockingly, only nine countries in the European Economic Area (EEA) recognize that sex without consent is rape. But things are changing.

Earlier this month, a last-minute U-turn by the Greek government, resulted in an amendment to the criminal code and a recognition in law that sex without consent is rape and that physical violence is not required for the crime to be considered rape.

Last year, Iceland and Sweden became the seventh and eighth countries in Europe to adopt new legislation defining rape on the basis of lack of consent. Likewise, new proposals to amend current rape laws have been tabled in the Portuguese and Swiss Parliaments.

The importance of changing the law on rape cannot be underestimated. Whilst it will not eradicate rape, what is written in the law plays a major role in defining attitudes as to what rape is. Currently prevailing and erroneous myths about rape make it hard for rape victims to report the crime to the police or to seek medical help.

Figures from a recent European Union-wide survey show that one in 20 women aged 15 and over in the EU have been raped. That is around nine million women. Yet despite the seriousness of the violation, rape remains hugely under-reported in Europe. Fear of not being believed, lack of trust in the justice system or the stigma attached to it deter too many women and girls from reporting rape.

Whilst amending rape laws are a vital first step, much more needs to be done to end the culture of victim blaming and impunity reinforced by stereotypes which pervade many societies: from playground to locker room, police station to witness stand

Amnesty International press office, Amnesty International

Another recent study found that more than one in four people in the EU believe that sexual intercourse without consent may be justified in certain circumstances, such as if the victim is drunk or under the influence of drugs; or voluntarily going home with someone, wearing revealing clothes, not saying ‘no’ clearly or not fighting back.

Myths and gender stereotypes also influence the way rape cases are handled by the criminal justice system. They often underpin attitudes of police and judges and the resulting low prosecution and conviction rates affect confidence in the justice system. 

Whilst amending rape laws are a vital step towards changing attitudes and achieving justice, much more needs to be done to end the culture of victim blaming and impunity reinforced by stereotypes which pervade many societies: from playground to locker room, police station to witness stand.

Steps are needed to ensure that rape myths are challenged at all levels of society and that professionals working with rape survivors receive adequate continuous training. Broader sexuality education and awareness-raising programmes are also needed.

It seems likely in the coming months, that Denmark will adopt legislation providing for a consent-based rape definition and it is clear that the momentum for change is building across Europe. Change that will ensure that future generations of women and girls will never have to question whether rape is their fault or doubt that the perpetrators will be punished.

This article was first published here by Newsweek.

The post Times Up for Europe’s dangerous and antiquated rape laws appeared first on Amnesty International.

“This commitment by the new government to amend Danish law to recognize the simple truth that sex without consent is rape in law is a welcome if long-overdue, step forward. It is a testament to all the survivors who have spoken out and all the campaigners who have fought long and hard for change.

“Together with the survivors campaigning for improved access to justice, we look forward to seeing the draft law and hope that the authorities also commit themselves to taking steps to challenge rape myths and gender stereotypes at all levels of society. This will require institutional and social change, as well as comprehensive sexuality and relationships education, including on sexual consent.

“Shockingly, Denmark will be only the tenth country in Europe (EEA) to recognize that sex without consent is rape. However, coming hard on the heels of the decision to amend the law in Greece this month, and legislation in Sweden last year, we are confident that the momentum for change in Europe and beyond is now unstoppable.”

BACKGROUND

Read the statement published today here: https://politiken.dk/incoming/static/7271359-Aftale.pdf?utm_campaign=politiken-morgen&utm_content=26-06-2019&utm_medium=email&utm_source=newsletter_redaktionel

Rape in Denmark is hugely under-reported and even when women do go to the police, the chances of prosecution or conviction are very slim. Of the 24,000 women found by a recent study to have experienced rape or attempted rape in 2017 alone, just 890 rapes were reported to the police. Of these, 535 resulted in prosecutions and only 94 in convictions.

Amnesty International has analysed rape legislation in 31 countries in Europe, and only nine of them have laws that define rape as sex without consent.

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