General legal framework

• Author: Justesen, Pia
• Pages: 13-13

13

1 GENERAL 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 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

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 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 ).