General legal framework
Author | Justesen, Pia |
Pages | 13-13 |
13
1GENERAL LEGAL FRAMEWORK
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 general equality clause. The Constitution includes four articles dealing
with non-discrimination and these provisions do not apply to the 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 Constitution provides that ‘No Danish subject shall, in any manner
whatsoever, be deprived of his liberty because 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 shall
by reason of his creed or descent be deprived of access to the full enjoyment of civic and
political rights, nor shall he escape compliance with any common civic duty for such
reasons.’
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 taught
or done.’
The constitutional 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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