See this website

http://www.interights.org/page.php?dir=Publication&page=premingeramicus.php

 

“In Denmark, while a law prohibiting blasphemy exists under Section 140 of the Danish Penal Code, it has not been used since 1938. The Danish Penal Code also contains a provision (Section 266b) against expressions that threaten, deride or degrade on the grounds of race, colour, national or ethnic origin, belief or sexual orientation. That provision, however, has never been used against statements offensive to religion.”

 

The European Convention on Human Rights also guarantees both freedom of _expression_ and freedom of religion so its provisions would be relevant.

I guess it doesn’t surprise me, though, that in a state with a monarchy and an established church, and where the head of state may also be the  head of the church (although I don’t know whether that is so in Denmark) the country would have blasphemy laws on its books, even if they aren’t enforced.

Christine Corcos
Associate Professor of Law
Faculty Graduate Studies Program Supervisor
Paul M. Hebert Law Center, Louisiana State University
Associate Professor, Women's and Gender Studies Program
LSU A&M
W325 Law Building
1 East Campus Drive
Baton Rouge LA 70803
tel: 225/578-8327
fax: 225/578-3677
email: [EMAIL PROTECTED]


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Will Esser
Sent: Tuesday, February 07, 2006 9:02 PM
To: Religion Law
Subject: Denmark Cartoons and Blasphemy

 

I read with interest a CNN article on the continuing controversy over the Denmark Cartoons depicting the Prophet Mohammed.  Of particular interest was the following:

 

"The Danish government says it does not control what is in the country's newspapers and that courts will determine whether the newspaper that originally published the cartoons is guilty of blasphemy."

 

 

Sometimes I think we take it so for granted that "blasphemy" is not forbidden in the U.S. that to hear of a European country which regulates _expression_ in this manner comes as a shock.  Does anybody know the details of Danish "blasphemy" law?

 

Will 



Will Esser --- Ad Majorem D! ei Gloriam
Parker Poe Adams & Bernstein
Charlotte, North Carolina

********************
We can easily forgive a child who is afraid of the dark;
the real tragedy is when men are afraid of the light.
Plato (428-345 B.C.)
********************

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