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Denmark/ 5.1 General legislation  

5.1.1 Constitution

There are no articles in the Danish constitution directly related to cultural rights or issues of cultural politics in the normal sense that cultural policy is conceptualised today. These are indirectly included in the agreements of protection of human rights as defined in the Danish Constitution, in Chapter 7 relating to religion, and in Chapter 8 on personal freedom, in particular on property rights, freedom of speech and freedom to gather. Positive human rights, e.g. the right to social security and the right to free education, are also protected.

According to the constitution, personal freedom is inviolable. Restriction of liberty can therefore not be used against people with particular religious or political convictions. The court controls the legality of the restriction of liberty.

The Danish court has, lately, not shown reticence in the question of the protection of human rights internationally. In 1992, the European Convention on Human Rights was legally made a part of Danish justice and has, since then, formed the basis for the criticism of not only administrative decisions, but also the legislation.

Chapter published: 10-04-2012

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