Indicator history

Section 78 [Freedom of association] of the Danish Constitution states in English translation: "(1) The citizens shall be entitled without previous permission to form associations for any lawful purpose. (2) Associations employing violence, or aiming at attaining their object by violence, by instigation to violence, or by similar punishable influence on people of other views, shall be dissolved by judgment. (3) No association shall be dissolved by any government measure.  However, an association may be temporarily prohibited, provided that proceedings be immediately taken against it 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 132(a) of the Danish penal code makes it punishable to participate in the continuation of the activities of an association after it has been prohibited temporarily by the Government or dissolved by judgement of a court of law and to become a member of such an association after the prohibition or the dissolution.

However, ECRI notes in its third national report on Denmark, § 22, that racist organisations are still not prohibited in Denmark. Furthermore, although the Danish authorities have indicated to ECRI that the policy in Denmark is to prosecute individual members of neo-Nazi or skinhead organisations, very few cases, if any, have actually been brought against them.