MB. v. Denmark
From DADEL
Case Summary
M.B. v. Denmark
Committee on the Elimination of Racial Discrimination
Communication No. 20/2000 : Denmark. 15/03/2002.
The petitioner, Ms. M. B., is a Brazilian citizen with permanent residence in Denmark. She claims a violation of her rights under article 2, subparagraph 1 (d), and article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination ("Convention”).
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Facts
On 20 August 1999, the petitioner, her brother (a Danish citizen of Brazilian origin) and a friend (a black Brazilian) were waiting to enter the restaurant-discotheque in the Centre of Copenhagen. The doorman told them, in Danish, that he could not let them enter because the place was too crowded. He did not allow them to enter the restaurant after a large group of people had left. After having let a group of Danish people in, the doorman suggested, in English, that the petitioner should not wait. On 16 September 1999, the Documentary and Advisory Centre for Racial Discrimination in Copenhagen (DRC) reported the incident to the Danish Police on behalf of the petitioner. The Police of Copenhagen informed the DRC that it had decided not to carry out further investigation, as it was found that the denial of entrance could have been due to reasons other than racial discrimination, and regretted that the case had not been reported earlier to the police. The Public Prosecutor's office affirmed the decision.
Admissibility
The petition is admissible.
Merits
Due to the specific circumstances of the case, the police could not accomplish a complete and in-depth investigation of the case. Therefore, the Committee could not conclude that a violation by the State party of the provisions of the Convention has indeed taken place.
Decision
No violation could be found. However, the Committee called on the State to remain vigilant, in particular by prompt and effective police investigations of complaints, that the right established under article 5, paragraph f of the Convention is enjoyed without discrimination by all persons, nationals or foreigners.