General legal framework

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

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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).