A/HRC/34/50/Add.1
I. Introductory remarks
1.
The present report reflects the findings of the country visit to Denmark undertaken
by the Special Rapporteur on freedom of religion or belief from 13 to 22 March 2016. The
Special Rapporteur would like to express his profound gratitude to the Government, in
particular the Ministry of Foreign Affairs, for having accepted the request to visit Denmark
and to the United Nations team in Copenhagen for its support. Special thanks go to the
Danish Institute for Human Rights for the outstanding logistical, organizational and
intellectual support it gave to the visit from the earliest stages. The Special Rapporteur is
also very grateful to the many government interlocutors from the central and municipal
levels, parliamentarians, members of the Supreme Court, a broad range of civil society
organizations, academics, members of different religious communities, representatives of
indigenous peoples and many others. Discussions, mostly in Copenhagen but also in
Aarhus, Harderslev, Odense and Vollsmose, all took place in a frank and relaxed
atmosphere.
2.
In the previous 30 years of the mandate on freedom of religion or belief, none of the
experts had visited officially any of the Scandinavian countries. Hence, such a visit was
overdue. More importantly, the Special Rapporteur had been curious to learn about a
country traditionally strongly influenced by the Lutheran Evangelical Church, which,
according to the Constitution, occupies the special rank of “the Established Church of
Denmark” (usually called the “Folkekirke”) and to which, until a generation ago, some 95
per cent of the Danish population belonged. He had wanted to better understand the
ongoing special role of the Folkekirke in a society marked by increasing religious or beliefrelated pluralism, owing to immigration and globalization, and by a far-reaching process of
societal secularization.
3.
The Special Rapporteur had furthermore wanted to understand how freedom of
religion or belief was perceived in its interrelatedness with other human rights. After the
“cartoon crisis” that had occurred around 10 years ago, the relationship between freedom of
religion or belief and freedom of expression had been politically contested in Denmark on
numerous occasions. Moreover, there had been interesting developments concerning the
relationship between freedom of religion or belief and the rights of lesbian, gay, bisexual,
transgender or intersex persons.
II. General observations on the legal framework and the societal
climate
4.
Freedom of religion or belief is a tangible reality in Denmark. Everyone can openly
say what they believe or not believe and freely practise their religions or beliefs as
individuals and in community with others, both in private and in public. Everyone with
whom the Special Rapporteur met during the mission shared this positive assessment. Even
those who expressed certain concerns or worries did not question the generally liberal
atmosphere in Denmark.
5.
Article 67 of the Danish 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”. That wording was established in 1849 and has not been changed in any of the
subsequent amendments to the Constitution. When compared with modern formulations of
freedom of religion or belief, the wording of article 67 appears quite narrow. While the
focus of the positive provision lies on “the worship of God”, the stipulation that “nothing at
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