General legal framework

AuthorJustesen, Pia
Constitutional provisions on protection against discrimination and the
promotion of equality
The Constitution of Denmark does not contain a general provision prohibiting
discrimination or a gen eral equality clause. Th e Constitution includes f our articles de aling
with non-discrimination and these provisions do not apply to th e material areas covered
by the EU directives. The Danish Constitution only covers one discrimination ground
listed in the directives, namely religion.
Section 71(1) of the Constitu tion provides that No Danish subject shall, in any man ner
whatsoever, b e deprived of his liberty b ecause of his political or religious convictions or
because of his descent.’ As a point of departure, the Section only covers Danish citizens,
but the liberty of foreigners is to some extent protected by Section 70: No person sh all
by reason of his creed or descent be depr ived of access to the full enjoyment of civic an d
political rights, nor shall he escape compliance with any common civic duty for such
Section 68 of the Constitution provides that No one shall be liable to make personal
contribution to any denomination other than the one to which he adheres .’
Section 67 of the Constitution provides that Citizens shall be at liberty to form
congregations for the worship of God in a manner which is in accordance with their
convictions, provided that nothing contrary to good morals or public order shall be tau ght
or done.’
The consti tutional anti-discrimination and equality provisions are directly applicable and
can be enforced against private individuals (as well as against the state ).

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