You are here:

Denmark / Supreme Court / 81/2017

Nordens Céu Sagrado Mester Fernandos Center for Meditation og Videnskab v. the Ministry of Health

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
26/06/2018

Key facts of the case:

The case concerned whether the Ministry of health had violated the rights to freedom of religion by refusing to provide – for the use in a religious practise – authorisation to the import of ayahuasca wine, which contains the psychedelic drug DMT.

Key legal question raised by the Court:

The key legal question raised by the Supreme Court was whether the refusal of import authorisation of ayahuasca wine by the Danish authorities was an a violation of with the freedom of religion protected by Article 9 of the ECHR, and whether the refusal was necessary in a democratic society for reasons of public health and public order.

Outcome of the case:

The Supreme Court found, that the refusal of import authorisation of ayahuasca wine by the Danish authorities was an intervention with the freedom of religion protected by Article 9 of the ECHR, but that the refusal was necessary in a democratic society for reasons of public health and public order. The court found, that the refusal of import of ayahuasca wine was not a violation of the ECHR.