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The European Convention of Human Rights
In 1953 Denmark ratified the European Convention on Human Rights. Before ratification certain minor changes were carried out in Danish law, so that Danish law was assumed to be in agreement with the Convention.
The Convention’s provisions could not be directly applicable to Danish law, because it would be necessary to start from the dualistic concept of the relationship between Danish law and international law as two separate judicial areas.
With the expansive interpretation which the Court of Human Rights practises, it was a problem that the Convention does not constitute part of Danish law, and in an Act from 1992 it was determined that the Convention is to be considered part of Danish law.
The Convention’s protection of human rights applies, however, only as a parliamentary act and is not at a level with the protection of human rights contained in the Constitution. Nevertheless, the courts have used the Convention more than the Constitution as the basis for criticising legislation.
Henrik Zahle, Gyldendal Leksikon
Ministry of Foreign Affairs of Denmark
European Convention on Human Rights
