A unanimous Social Affairs Committee in the Danish Parliament wants the government to investigate the possibility of removing the statutes of limitations in several types of cases where children have been subjected to failures by the authorities.
This appears in a report from the committee.
Today, the rules on limitations can mean that people who only discover many years later that they have been subjected to failures by the authorities can no longer claim compensation or have it recognised that what happened constitutes a violation.
"I have to admit that I am truly moved," says Victoria Velasquez, social affairs spokesperson for the Red-Green Alliance.
"A united Parliament in the Social Affairs Committee now stands together on having the statutes of limitations reviewed, and we agree that we need to strengthen legal protection for the children and young people who have been subjected to failures by the authorities."
Why has nothing happened before?
"It has been a long process, but it would not have happened without the tough and courageous people who have stepped forward and told their stories," Velasquez responds.
Klaus Josefsen, an external lecturer in administrative law who has followed the adoption area for several years, calls the development "a tribute to justice":
"And it is a big and important step in relation to, for example, the legal protection of internationally adopted people," he says.
Klaus Josefsen calls a possible removal of the statute of limitations "a huge tool."
Read also: Danish authorities have been aware of letters from Indian parents looking for their children ( https://www.dr.dk/nyheder/indland/danske-myndigheder-har-haft-kendskab-til-breve-fra-indiske-foraeldre-der-ledte-efter )
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Statutes of limitations affect international adoption cases
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The decision in the Social Affairs Committee comes in the wake of the extensive adoption scandal that has raised questions about the authorities' responsibility in cases where children, among other things, were given up for adoption without their biological parents' consent, or where adoption papers were systematically falsified.
Private, state-accredited Danish adoption agencies have historically handled international adoptions and have been supervised by the Danish state.
Now the government must investigate the possibility of expanding an existing exception to the rules on limitations.
"Put a little more directly, this means removing the risk that, for example, adopted people's compensation claims fall foul of the statute of limitations. In other words, so they do not lose the opportunity to make claims against the Danish state as a result of inadequate supervision by the authorities," explains Klaus Josefsen.
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> After all, one can say that there is a responsibility to give those
> affected an opportunity to obtain redress.
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Adopted people from various countries have in recent years brought cases against the Danish state for breaches of their human rights. Among other things, they believe that the Danish authorities have not lived up to their responsibility ( https://www.dr.dk/nyheder/indland/otte-adopterede-fra-sydkorea-staevner-den-danske-stat-og-kraever-millionerstatning ) to protect their rights during the adoption.
Several cases have already been dismissed – the reason given by the Danish authorities has precisely been that the cases are time-barred.
Read also: Million-dollar claims against Denmark: Three things you need to know about the adoption scandal ( https://www.dr.dk/nyheder/indland/reels/millionkrav-mod-danmark-tre-ting-du-skal-vide-om-adoptionsskandalen )
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Why are statutes of limitations a problem?
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Today, the rules on limitations can mean that people who only discover many years later that they have been subjected to failures by the authorities can no longer claim compensation.
Therefore, the Ministry of Justice, together with other relevant ministries, must by spring 2027 at the latest investigate the possibility of expanding a special exception in the Limitation Act that applies to children and young people under 18.
At the same time, the ministries must investigate how private care institutions and private actors can be obliged to preserve documents, so that people get better access to their own history.
Once the investigation is completed, the government must invite the Social Affairs Committee for further discussions. This is not yet a matter of a legislative change, but only of the government now having to investigate the possibility of changing the rules.
"It is not as if our current politicians or authorities are responsible for what happened many years ago. But after all, one can say that there is a responsibility to give those affected an opportunity to obtain redress," says Klaus Josefsen.
"And that is what these rules, which are probably now on the way, do," the external lecturer says.
Read also: Commission concludes: Human rights have been violated in adoptions from South Korea ( https://www.dr.dk/nyheder/udland/kommission-slaar-fast-der-er-sket-brud-paa-menneskerettighederne-i-adoptioner-fra )
All adoption from abroad to Denmark has been stopped indefinitely after fierce criticism of Denmark's only adoption agency, DIA, which has now closed. An independent investigation of parts of the area is underway.
You can watch the story of Murugasan Nielsen and David Kildedahl, who were adopted from the same orphanage in India, where several children were systematically tricked away from their parents, in the documentary 'The Great Adoption Theft'.
Documentary | SEASON 1 The Great Adoption Theft ( https://www.dr.dk/drtv/saeson/det-store-adoptionstyveri_434280 )
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