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Human rights in Denmark

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While Denmark and other Scandinavian countries have historically been "defenders of international law and human rights", issues in regard to human rights still exist or have emerged in recent times, including violence against women, the rights of LGBTI people, as well as mass surveillance of marginalized groups.

In its 2024 Freedom in the World report, Freedom House rated the country "free" with a score of 97 (out of 100).



History

Constitutional Act of the Realm of Denmark

The Kingdom of Denmark is a constitutional monarchy. The Constitutional Act or (Grundloven), which was adopted on 5 June 1849, lays the foundations of democracy in the organisation of the Realm of Denmark.

The Constitution has been amended three times since its adoption in 1849. The most significant of these amendments occurred in 1953, leading to the Constitution in use today, as it granted "clear constitutional authority to share Denmark's sovereignty with other countries". This was important as it aimed to prepare Denmark for the potential membership to the European Union.

While the role of the Constitutional Act is to restrict the authority of the monarchy, it is also to ensure that human rights as well as civil and political rights are guaranteed for Danish citizens. Examples of these include the right to Personal Liberty (Section 71), Freedom of Expression (Section 77) and Freedom of Assembly (Section 79).

In addition, the Constitution guarantees Freedom of Religion (Section 67), provided that these religious communities do not threaten "good morals or public order".

These rights, enshrined in the Constitution, enjoy "special status.". In addition, as outlined in Section 88 of the Constitution, these rights are the "supreme source of Danish law"

European Convention on Human Rights

The European Convention on Human Rights (ECHR) is a treaty that was ratified by 47 member states of the Council of Europe on 3 September 1953. The aim of the treaty is to both "protect the rule of law" and to endorse democracy in Europe. The European Convention was the first treaty to provide institutional means of supervising and enforcing human rights across Europe. To achieve this, the convention established two enforcement measures - the European Commission of Human Rights and the European Court of Human Rights.

Although ratified in 1953, the convention was not incorporated in Danish law until 29 April 1992. As a result of its incorporation in domestic law, courts of Denmark have a duty to enforce the convention. The European Convention on Human Rights is the only treaty concerning human rights in Danish law at present. Significant civil and political rights that are guaranteed by the European Convention on Human Rights include the right to liberty, right to a fair trial, freedom of thought, freedom of conscience and freedom of religion and freedom of expression.

European Court of Human Rights

The European Court of Human Rights (ECtHR or ECHR), established in 1959 by the European Convention on Human Rights, is the Council of Europe's court of law. Its purpose is to examine and make judgments on complaints of alleged human rights violations.

In the early stages of the ECtHR's foundation, the Scandinavian countries were some of the first to agree to the optional clauses on its jurisdiction, thus strengthening its political legitimacy. In addition, Denmark and the other Nordic states were prominent figures in the preliminary construction of the ECtHR system, and in its finalisation.

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