Chapter Eight

Rights and Freedoms

Sections 71 – 85

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Section 71Personal liberty shall be inviolable

(1)

Personal liberty shall be inviolable. No Danish subject shall, in any manner whatsoever, be deprived of his liberty because of his political or religious convictions or because of his descent.

(2)

A person shall be deprived of his liberty only where this is warranted by law.

(3)

Any person who is taken into custody shall be brought before a judge within 24 hours. Where the person taken into custody cannot be immediately released, the judge shall decide, in an order to be given as soon as possible and at the latest within 3 days, stating the grounds, whether the person taken into custody shall be committed to prison; and in cases where he can be released on bail, the judge shall also determine the nature and amount of such bail. This provision may be departed from by statute as far as Greenland is concerned, if for local considerations such departure may be deemed necessary.

(4)

The pronouncement of the judge may be separately appealed against at once to a higher court of justice by the person concerned.

(5)

No person shall be remanded in custody for an offence which can involve only punishment by fine or mitigated imprisonment (hæfte).

(6)

Outside criminal procedure, the legality of deprivation of liberty not executed by order of a judicial authority, and not warranted by legislation relating to aliens, shall at the request of the person so deprived of his liberty, or the request of any person acting on his behalf, be brought before the ordinary courts of justice or other judicial authority for decision. Rules governing this procedure shall be provided by statute.

(7)

The persons referred to in subsection 6 shall be under supervision by a board set up by the Folketing, to which board the persons concerned shall be permitted to apply.

Section 72The dwelling shall be inviolable

(1)

The dwelling shall be inviolable. House search, seizure and examination of letters and other papers, or any breach of the secrecy that shall be observed in postal, telegraph and telephone matters, shall not take place except under a judicial order, unless particular exception is warranted by statute.

Section 73The right of property shall be inviolable

(1)

The right of property shall be inviolable. No person shall be ordered to surrender his property except where required in the public interest. It shall be done only as provided by statute and against full compensation.

(2)

Where a Bill has been passed relating to the expropriation of property, one third of the members of the Folketing may, within 3 weekdays from the final passing of such Bill, demand that it shall not be presented for the Royal Assent until new elections to the Folketing have been held and the Bill has again been passed by the Folketing assembling thereafter.

(3)

Any question of the legality of an act of expropriation, and the amount of compensation, may be brought before the courts of justice. The hearing of issues relating to the amount of the compensation may by statute be referred to courts of justice established for such purpose.

Section 74Any restraint on the free and equal access to trade, which is not based…

(1)

Any restraint on the free and equal access to trade, which is not based on the public interest, shall be abolished by statute.

Section 75In order to advance the public interest, efforts shall be made to…

(1)

In order to advance the public interest, efforts shall be made to guarantee work for every able-bodied citizen on terms that will secure his existence.

(2)

Any person unable to support himself or his dependants shall, where no other person is responsible for his or their maintenance, be entitled to receive public assistance, provided that he shall comply with the obligations imposed by statute in such respect.

Section 76All children of school age shall be entitled to free instruction in…

(1)

All children of school age shall be entitled to free instruction in primary schools. Parents or guardians making their own arrangements for their children or wards to receive instruction equivalent to the general primary school standard shall not be obliged to have their children or wards taught in a publicly provided school.

Section 77Any person shall be at liberty to publish his ideas in print, in writing…

(1)

Any person shall be at liberty to publish his ideas in print, in writing and in speech, subject to his being held responsible in a court of law. Censorship and other preventive measures shall never again be introduced.

Section 78Citizens shall, without previous permission, be free to form…

(1)

Citizens shall, without previous permission, be free to form associations for any lawful purpose.

(2)

Associations employing violence, or aiming at the attainment of their object by violence, by instigation to violence or by similar punishable influence on persons holding other views, shall be dissolved by court judgement.

(3)

No association shall be dissolved by any government measure; but an association may be temporarily prohibited, provided that immediate proceedings be taken for its dissolution.

(4)

Cases relating to the dissolution of political associations may, without special permission, be brought before the highest court of justice of the realm.

(5)

The legal effects of the dissolution shall be determined by statute.

Section 79Citizens shall, without previous permission, be at liberty to assemble…

(1)

Citizens shall, without previous permission, be at liberty to assemble unarmed. The police shall be entitled to be present at public meetings. Open-air meetings may be prohibited when it is feared that they may constitute a danger to the public peace.

Section 80In the event of riots, the armed forces may not take action, unless…

(1)

In the event of riots, the armed forces may not take action, unless attacked, until after the crowd has three times been called upon to disperse in the name of the King and the law and such warning has gone unheeded.

Section 81Every male person able to bear arms shall be liable with his person to…

(1)

Every male person able to bear arms shall be liable with his person to contribute to the defence of his country under such rules as are laid down by statute.

Section 82The right of municipalities to manage their own affairs independently,…

(1)

The right of municipalities to manage their own affairs independently, under state supervision, shall be laid down by statute.

Section 83All legislative privileges attaching to nobility, title and rank shall…

(1)

All legislative privileges attaching to nobility, title and rank shall be abolished.

Section 84No fiefs, estates tail in land or estates tail in personal property…

(1)

No fiefs, estates tail in land or estates tail in personal property shall in future be created.

Section 85The provisions of sections 71, 78 and 79 shall be applicable only to the…

(1)

The provisions of sections 71, 78 and 79 shall be applicable only to the defence forces, subject to such limitations as are consequential to the provisions of military laws.

Source: Retsinformation, Danish state legal information system — retsinformation.dk. Reproduced for education; not an official government publication or legal advice.