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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.

The case concerned, whether 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, and whether the refusal was necessary in a democratic society for reasons of public health and public order.

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 intervention 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.