Constitution dom of religion9/21/2023 ![]() In this context both the privileged position of the National Evangelical Lutheran Church, the Folkekirke (“The People’s Church”), and the law of 2017 regulating registered faith communities outside of the Folkekirke will be outlined, with a view to determine both the protections and limitations of freedom of religion or belief that are embedded in the constitutional framework.īased on a summary of Denmark’s international obligations in the field of freedom of religion or belief, including the European Convention of Human Rights ( ECHR), the article then focusses on recent interventions in freedom of religion or belief, specifically examining legislative measures initiated in the period between 20. ![]() The article begins by describing the religious demographic landscape in Denmark and positioning the regulation of religious communities within the framework of the Danish constitution. 1 This tendency, which has wider implications for the freedom of religion or belief for all, is the main focus of the present article. In the last two decades, developments in the religious demography of Denmark have increasingly gone hand-in-hand with rising pressure-both legal and non-legal-to limit specific religious manifestations, particularly those of religious minorities. It further argues that while Denmark’s national (Lutheran) church possess the majority of constituents, nonetheless its privileged position may paradoxically strengthen freedom of religion for religious minorities. The article argues that by making increased use of soft law developed by the EU, the Council of Europe and the UN, Danish lawmakers would be able to reach a more comprehensive understanding of freedom of religion or belief as well as include non-legal solutions to societal concerns. ![]() Additionally, there is a tendency to address societal concerns by means of legal interventions. Recent legislation has placed pressure particularly on religious minorities to limit certain religious manifestations, and it is possible to trace a certain “juridification” of freedom of religion, by which the values underlying freedom of religion according to international standards are not always fully reflected. The article analyses legislative changes in the area of freedom of religion or belief in Denmark between 20. ![]()
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