Human rights in Denmark

Human rights in Denmark

Human rights in the Kingdom of Denmark are protected by the state's Constitution of the Realm (Danmarks Riges Grundlov). This Constitution applies equally in Denmark proper, Greenland and the Faroe Islands. Denmark has helped create the European Convention on Human Rights and set up the European Court of Human Rights. In 1987, the Kingdom Parliament created a special group to help protect human rights. This group is now called the Danish Institute for Human Rights.

Even though Denmark and other Scandinavian countries support fair laws and human rights, there are still some problems. These include making sure everyone is treated equally and protecting people from being watched too closely.

In its 2024 Freedom in the World report, Freedom House said Denmark is a "free" country, giving it a score of 97 out of 100.

History

Constitutional Act of the Realm of Denmark

Main article: Constitution of Denmark

Denmark is a constitutional monarchy. Its Constitution, called the Grundloven, was adopted on 5 June 1849. It sets the basis for the country's democracy. The Constitution has been changed three times, with the biggest change in 1953. This change allowed Denmark to share power with other countries, which was important when Denmark later joined the European Union.

The Constitution protects important rights for people in Denmark, such as the right to Personal Liberty, Freedom of Expression, and Freedom of Assembly. It also protects Freedom of Religion, as long as it does not harm public order.

European Convention on Human Rights

Main article: European Convention on Human Rights

The European Convention on Human Rights is a treaty that 47 European countries agreed to on 3 September 1953. Its goal is to protect laws and support democracy across Europe. It was the first treaty to create ways to watch over and enforce human rights in Europe. This was done by setting up two groups: the European Commission of Human Rights and the European Court of Human Rights.

Although Denmark agreed to this treaty in 1953, it didn’t become part of Danish law until 29 April 1992. After that, Danish courts had to follow the rules of this treaty. It guarantees important rights like the right to liberty, right to a fair trial, freedom of thought, freedom of conscience, freedom of religion, and freedom of expression.

European Court of Human Rights

Main article: European Court of Human Rights

The European Court of Human Rights was created in 1959 by the European Convention on Human Rights. It is a court of law for the Council of Europe. The court looks at complaints about possible violations of human rights.

Early on, Scandinavian countries, including Denmark and other Nordic states, were important in setting up and shaping the court. They were among the first to support the court's rules, which helped make it stronger and more trusted.

Key topics in the Constitution

Civil rights and freedoms

See also: Civil rights

Section 71: Personal liberty

Section 71 of the Constitution talks about important rights that cannot be taken away. It makes sure people are safe from being stopped or held unfairly. It also guarantees that everyone gets a fair trial. The Constitution says that no one can be detained just because of their religion, race, or political beliefs.

Section 77: Freedom of expression

Section 77 of the Constitution allows people to speak and write freely. This is important because it is a human right. However, there are some rules to prevent harm, like spreading false information or being racist.

Section 79: Freedom of assembly

Section 79 lets people gather together peacefully. This is also a human right. But if a gathering becomes dangerous, the police can stop it.

Freedom of religion

Main articles: Freedom of religion and Religion in Denmark

Section 67: Freedom of religion

Denmark believes that everyone should be free to practice their religion. This is a basic human right. The Constitution says people can start or join any religious group, as long as it does not harm public safety or good behavior.

Because of concerns about safety, some rules have been made. For example, a law from 2018 says people cannot cover their whole face in public. Another law from 2019 says people must shake hands during a ceremony to become a citizen, which has caused some discussion about fairness.

Sources of human rights in international law

Universal Declaration of Human Rights

Main article: Universal Declaration of Human Rights

After sad events during World War II, countries joined together to form the United Nations in 1945. They wanted a peaceful and fair world, so they made the Universal Declaration of Human Rights in 1948. This document says that every person should be treated equally and with respect, no matter who they are. Many countries use it as a guide to protect people’s rights.

Involvement in international human rights campaigns

In 1967, the government of Greece was taken over by leaders who were not elected. Denmark, with Sweden, Norway, and the Netherlands, asked experts to check if Greece was treating people fairly. In 1970, it was shown that Greece was not following important rules.

Since the 1970s, countries like Denmark have helped groups that work to protect people’s rights around the world. One group, Helsinki Watch, started in the United States in 1978. Later, it helped form another group called the International Helsinki Federation for Human Rights (IHF) in 1982. Denmark was one of the countries that supported these efforts.

Current issues

Refugees and asylum seekers

See also: Immigration to Denmark

Denmark has very strict rules for people who come looking for safety. People in Denmark have different ideas about this—some want to help, while others think there should be tighter controls.

In 2016, Denmark stopped an agreement to welcome a certain number of refugees each year. By 2018, the government decided to make its own decisions about refugees instead of following a set system.

Violence against women

Main article: Violence against women

In 2014, Denmark agreed to rules to help protect women from harm. But Denmark’s laws don’t always match these rules because they look at specific actions instead of whether the woman agreed.

Reports show that many women in Denmark face harmful treatment, and some don’t report it because they don’t trust the system or feel unsupported.

Indigenous rights

Further information: Indigenous rights

Denmark recognized the rights of the Inuit people of Greenland in the past, but they still face challenges. For many years, Denmark tried to change the Inuit way of life to match Danish culture, which caused problems. Today, Greenland has more control over its own affairs, but it isn’t fully independent.

Racism

A report showed that some areas in Denmark with many people from different backgrounds face unfair rules and treatment. These rules can make life harder for people living there.

Rights of LGBTQ people

Main articles: LGBT rights in Denmark, Same-sex marriage in Denmark, LGBT rights in Denmark, LGBT rights in the Faroe Islands, and LGBT rights in Greenland

Denmark was the first country to allow same-sex couples to have a legal partnership in 1989. In 2012, Denmark allowed same-sex marriage. There have been discussions about how to better support transgender people and children with different sex characteristics.