A/HRC/34/50/Add.1
The future of the Folkekirke
73.
The Folkekirke in Denmark largely functions as a source of inclusiveness. It
has embraced far-reaching State-induced reforms in the area of gender and sexuality,
and the celebration of same-sex marriages in the Church has found broad approval in
society. Many pastors support refugees irrespective of their religious background and
stand up in public against xenophobia and Islamophobia. Moreover, the Folkekirke
can bridge the widening gap between religious minorities, especially Muslims, and
those large parts of the society who generally do not care much about religion and yet
remain somewhat in touch with the Church. It is that very spirit of inclusiveness,
however, that at the same time can — and should — encourage new initiatives of
sharing the privileges that the Church has traditionally enjoyed. Those privileges can
have discriminatory effects on other religious or non-religious groups and often make
the members of those groups feel that they are second class, which can cause emotions
of frustration and at times even humiliation. During his visit, the Special Rapporteur
heard about fears that embarking on a course of disestablishment would eventually
lead to a sectarian closure by which the Church would abandon its legacy of catering
for the people in the broad sense. He does not think that these fears are justified. They
betray mistrust in the attractiveness of an autonomous Church and at the same time
play down dangers of utilizing a State-controlled Church for purposes of narrow
versions of identity politics.
Interpreting freedom of religion or belief in line with international standards
74.
The Government must play a leading role in developing further a fair and
inclusive Danish society in which members of different religious communities, as well
as secular-oriented people, can equally feel at home. When doing so, the Government
is naturally bound by the Danish Constitution enacted in 1849, including its article 67
on religious freedom. As mentioned in paragraph 5, article 67 should be seen in the
light of European and international standards of freedom of religion or belief, which
have much broader wordings. Some harsh statements made by leading politicians on
the need to exercise more control over religious communities, in particular Muslim
organizations, could indicate a shift backwards. It certainly has been perceived as
such by members of religious minorities. According to European and international
standards that Denmark has accepted, limitations on freedom of religion or belief, if
deemed necessary, must meet a number of criteria, which are much more specific and
strict than the general “good morals or public order” formula in article 67 of the
Constitution.
75.
Against this background, the Special Rapporteur would like to provide the
following recommendations:
(a)
It is the responsibility of the Government to take the lead in developing a
more inclusive understanding of Danish identity. This requires activities in various
spheres of social life, including education, media politics, outreach activities, etc;
(b)
The Government should send clear and unambiguous messages that all
people living in Denmark, including members of religious minorities, should feel safe
and at home in the country. These messages should promptly and strongly counter the
increasing idea that “Islam is a threat to Danish identity”;
(c)
In integration programmes, the Government should explore the
dimensions of religious community life as a positive resource for strengthening
intragroup and intergroup solidarity, while at the same time continuing to provide
protection to every individual against undue external pressure;
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