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Denmark
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Denmark are found in the 1922 Act on the Conclusion and Dissolution of Marriage, which addresses forced marriage, marriages concluded due to a mistake or misleading one of the parties into marriage through false information or fraudulent concealment at Article 24.
Consent to marriage
There appears to be no legislation in Denmark that requires consent to marriage.
Servile marriage
There appears to be no legislation in Denmark that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Denmark that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Denmark is 18, without differentiation by gender, as set out on Article 2 of the 1969 Act on the conclusion and dissolution of marriage. There are no exceptions allowing marriage below this minimum age.
Region
Western Europe and Others
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Practices Similar to Slavery
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- European Union
- Council of Europe
Legislative Provisions
AWAD REPORT
Paragraph 147
To carry a former slave, staying in Denmark, back into slavery or conditions similar to slavery by taking him out of the country by force or threat will be punishable under section 261, subsection 2, or section 262 of the Criminal Code…
CONSTITUTION OF DENMARK 1953
Article 71
- Personal liberty shall be inviolable. No Danish subject shall in any manner whatever be deprived of his liberty because of his political or religious convictions or because of his descent.
- A person shall be deprived of his liberty only where this is warranted by law.
- Any person who is taken into custody shall be brought before a judge within twenty-four hours. Where the person taken into custody cannot be released immediately, the judge shall decide, stating the grounds in an order to be given as soon as possible and at the latest within three days, whether the person taken into custody shall be committed to prison, and in cases where he can be released on bail, the judge shall 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.
- The finding given by the judge may at once be separately appealed against by the person concerned to a higher court of justice.
- No person shall be remanded for an offense that can involve only punishment consisting of a fine or mitigated imprisonment.
- Outside criminal procedure the legality of deprivation of liberty which is not by order of a judicial authority, and which is not warranted by the legislation dealing with aliens, shall at the request of the person who has been deprived of his liberty, or at 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.
- The persons mentioned 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.
CRIMINAL CODE CONSOLIDATION ACT NO. 909 OF SEPTEMBER 27, 2005
Section 260
With a fine or imprisonment up to 2 years for unlawful coercion that which
1) by violence or threat of violence, of major damage to goods, detention or to make false charges of criminal offense or ærerørigt relationship or reveal privacy related matters forcing someone to do, tolerate or refrain from doing something,
2) the threat to declare or reveal any criminal offense or to make true defamation forcing someone to do, tolerate or refrain, as far forward subjugation can not be considered of due justified by the fact that the threat concerned.
PCS. 2. Forcing someone to marry, the penalty may increase to imprisonment for up to four years.
Section 261
(1) Any person who deprives another person of liberty shall be liable to a fine or to imprisonment for any term not exceeding four years.
(2) If the deprivation of liberty has been effected for the purpose of gain or if it has been of long duration or if it consisted of any person being unlawfully kept in custody as insane or mentally deficient or being enlisted for foreign military service or being taken into captivity or any other state of dependence in any foreign country, the penalty shall be imprisonment for any term not exceeding 12 years.
(3) Any person, who through gross negligence brings about a deprivation of liberty of the nature referred to in Subsection (2) above, shall be liable to a fine or to imprisonment for any term not exceeding six months.
Section 262 a
(1) Any person who recruits, transports, transfers, houses or subsequently receives a person, using or following the use of 1) unlawful coercion pursuant to Section 260 of this Act; 2) deprivation of liberty pursuant to Section 261 of this Act; 3) threats pursuant Section 266 of this Act; 4) unlawful induction, corroboration or exploitation of a delusion; or 5) other unseemly conduct; for the purpose of exploitation of the individual through sexual immorality, forced labour, slavery or slavery-like conditions, or removal of organs, shall be guilty of trading in human beings and liable to imprisonment for any term not exceeding eight years.
(2) The same penalty shall apply to any person, who, for the purpose of exploitation of the individual through sexual immorality, forced labour, slavery or slavery-like conditions, or removal of organs,
1) recruits, transports, transfers, houses or subsequently receives a person under the age of 18 years, or
2) renders a payment or other favours to obtain consent to the exploitation from an individual who has guardianship over the victim, and any person who receives such payment or other favours.
Section 266
Any person, who in a manner likely to induce in some other person serious fear concerning the life, health or welfare of himself or of others, threatens to commit a punishable act, shall be liable to a fine or to imprisonment for any term not exceeding two years.
CRIMINAL CODE 2009
Article 262A
(1) Any person who recruits, transports, transfers, houses or subsequently receives a person, using or following the use of
1) unlawful coercion pursuant to Section 260 of this Act;
2) deprivation of liberty pursuant to Section 261 of this Act;
3) threats pursuant to Section 266 of this Act;
4) unlawful induction, corroboration or exploitation of a delusion; or
5) other unseemly conduct;
for the purpose of exploitation of the individual through sexual immorality, forced labour, slavery or slavery-like conditions, or removal of organs, shall be guilty of trading in human beings and liable to imprisonment for any term not exceeding eight years.
(2) The same penalty shall apply to any person who, for the purpose of exploitation of the individual through sexual immorality, forced labour, slavery or slavery-like conditions, or removal of organs,
1) recruits, transports, transfers, houses or subsequently receives a person under the age of 18 years, or
2)renders a payment or other favour to obtain consent to the exploitation from an individual who has guardianship over the victim, and any person who receives such payment or other favour.
ACT ON THE CONCLUSION AND DISSOLUTION OF MARRIAGE
| Article 2
Anyone under the age of 18 may not enter into marriage.
Article 11 a Marriage may only be entered into when each of the parties has Danish citizenship or legal residence in this country pursuant to§§ 1-3 a, 4 b or 6 of the Aliens Act or pursuant to a residence permit pursuant to sections 7-9 f, 9 i-9 n of the Aliens Act,9 p or 9 q. PCS. 2. If very special circumstances, including in particular the duration of a foreigner’s stay in this country, therefore, the authority which according to § 13 must try the terms of the marriage, give permission for the marriage, even on the condition in para. 1 is not met.
Article 11 b In cases where one of the parties does not have Danish birthright, citizenship of one of the other Nordic countries or residence permit pursuant to sections 7-9 f, 9 i-9 n of the Aliens Act,9 p or 9 q, and where the other party has citizenship, a so-citizenship or such a residence permit, may marriage is not entered into without the consent of each of the parties declaration to be familiar with the provisions of the Dingelovens § 9, stk. 1, no. 1, and para. 2-6, 8-18, 34 and 35. However, this does not apply when the resident is either an EU / EEA citizen with a right of residence pursuant to section 6 of the Aliens Act, cf.§ 2 pcs. Or is a Swiss national with a right of residence§ 6 of the Aliens Act, cf. section 2, subsection 5.
Article 24 A marriage is further annulled at the request of one spouse: 1) if, at the time of the marriage, he was in a condition which precludes the ability to act rationally sigt, 2) if he was forced to marry, 3) if he was mistakenly married to someone other than his fiancée or without wanting to marry, or 4) if he was enticed to marry by the fact that he of the other spouse through false information or fraudulent concealment of the truth was misled as to who the other is, or if such circumstances know his past life, which with full right would have held him from entering into the marriage and which has yet to be such an effect on the relationship between the spouses that marriage cannot reasonably be required maintained. PCS. 2. An action may be brought within 6 months after the i PCS. 1, nos. 1-2, the condition or coercion mentioned has ceased, or ef-ter that the spouse has become aware of the circumstances that are mentioned under Nos. 3-4. An action must be brought within 3 years after the conclusion of the Community. |