Denmark
Denmark
Right | Section | Contents |
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Freedom of Association | History | According to Article 87 of the Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: "The citizens shall have the right, without previous authorization, to form associations for any lawful purpose. No association shall be dissolved by an order of the government. However, associations may be forbidden temporarily, but in such cases an action shall immediately be brought for the dissolution of such associations."
References: Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 279 (1866) VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdk0009&id=13&men_tab=srchresults |
Freedom of Expression | History | Denmark has protected freedom of expression since their 1953 constitution was adopted. “Denmark's Constitution of 1953 - Constituteproject.org.” 2022. Accessed September 28. https://www.constituteproject.org/constitution/Denmark_1953.pdf?lang=en&lang=en. |
Freedom of Religion | History | As early as 1849, elements of the right to religious freedom were asserted in the Fundamental Law of the Kingdom of Denmark. According to Article 76 of the 1866 revised version of the 1849 Fundamental Law, "Citizens shall have the right to organize themselves into societies for the worship of God according to their convictions, provided that their doctrines and conduct do not violate good morals or public order." Article 79 of the 1866 revision held that there could be no religious test for enjoyment of civil rights, or relief from civil obligations by reason of religion. Articles 75 and 78 of the 1866 revision described the legal regulation of the national church and of other churches.
Article 77 of the 1866 revision required that those unable to show membership in a denomination recognized by the government "shall pay into the educational funds the personal taxes authorized by law for the use of the national church." The 1953 Constitutional Act of Denmark addresses religious liberty in Sections 66-70, and in Section 68 asserts: "No one shall be liable to make personal contributions to any denomination other than the one to which he adheres." References: 1849 Fundamental Law of the Kingdom of Denmark: French translation of the Fundamental Law of 1849 1218 (2010) Fundamental Law of the Kingdom of Denmark: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0006&collection=cow Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 278 (2010), VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzdk0009&id=12&collection=cow&index= 1953 Constitutional Act of Denmark: https://www.thedanishparliament.dk/-/media/sites/ft/pdf/publikationer/engelske-publikationer-pdf/the_constitutional_act_of_denmark_2018_uk_web.pdf |
Freedom of the Press | History | Section 77 of Denmark’s 1849 Constitutional Act states that “Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced” (Folketinget, “My Constitutional Act”). This clause is still located in Section 77 of the 1959 iteration of the Danish Constitution, which Denmark currently adopts (Constitute Project, “Denmark's Constitution of 1953” ). |
Privacy Rights | History | In the 1953 constitution, Article 72 protects the right to privacy in the home, while also preventing the search of private communications. It states that “The dwelling shall be inviolable,” which includes “house searching, seizure, and examination of letters and other papers.” (Constitute Project, “Demark 1953” ) The general form of the constitution derives from the 1849 Danish Constitution (Danish Parliament, “The Constitutional Act of Denmark”).
References: 1849 Constitutional Act of Denmark: https://www.constituteproject.org/constitution/Denmark_1953 1953 Denmark Constitution: https://www.thedanishparliament.dk/en/democracy/the-constitutional-act-of-denmark |
Voting Rights and Suffrage | History | Under Part 4, all citizens who are permanent residents of Denmark and are at the age of suffrage, which is set by referendum, can vote in Folketing elections. (Constitute Project, “Denmark’s Constitution of 1953) . |