approval as a religious denomination or parish - k m · an application for approval as a religious...

Guidelines on

Approval as a religious

denomination or

parish

– prepared by the Advisory Committee on Religious Denominations

6th revised edition, 18 August 2011

APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 1

Contents

Introduction ............................................................................................................................................. 2

On the freedom of religion and belief and the approval process ................................................................... 2

On the special status of religious organisations ........................................................................................... 3

The legal basis of the Committee ............................................................................................................... 4

Legislation on the freedom of religion ........................................................................................................ 4

Danish marriage legislation ....................................................................................................................... 5

How is the designation ’a religious denomination’ interpreted? ..................................................................... 6

Summary of the concept ’a religious denomination’ ..................................................................................... 7

The Danish Aliens Act ............................................................................................................................... 8

Rights ...................................................................................................................................................... 9

Documentation requirements .................................................................................................................. 10


Introduction

In 1998 the then Ministry of Ecclesiastical Affairs appointed an Advisory Committee on Religious

Denominations. According to the Ministry’s press release of 4 February 1998, the terms of reference for

the Committee are:

The Committee will perform the function as the advisor to the Ministry of Ecclesiastical Affairs in

matters concerning religious denominations outside the Evangelical Lutheran Church, which was

previously performed by the Bishop of the Diocese of Copenhagen.

The Committee was appointed on grounds of principle. The members of the Committee are appointed as independent experts not representing any particular religious community, nor the Evangelical Lutheran Church. The Committee members are experts in the history of religions, sociology of religion, theology and jurisprudence.

An application for approval as a religious denomination must be filed with the Ministry of Ecclesiastical

Affairs. The application form is available on the Ministry’s website www.km.dk. The Ministry expects

the application to be in Danish and the documentation to be enclosed with the application to be in

Danish, another Nordic language or English.

If the application includes all relevant information (see below), the Ministry will submit the application

and its appendices to the Committee. The Committee will make a recommendation to the Ministry as to

whether or not the application may be granted. The Ministry then makes a decision on the application.

As the Committee convenes only a few times a year, a certain processing time must be expected.

The Committee’s work is independent of the Ministry of Ecclesiastical Affairs, but there is a natural

collaboration, particularly with a view to exchange of information and other practical arrangements. The

Committee is free to obtain supplementary information, including contact with other experts. The

Committee does not accept direct enquiries from the applicants. Instead, applicants are requested to

contact the Ministry which will then determine whether additional information is to be communicated to

the Committee. However, the Committee may contact the applicants directly at its discretion.

On the freedom of religion and belief and the approval process

Together with the freedom of assembly, speech and association the freedom of religion and belief are

fundamental democratic human rights. The Constitution grants a special status to the Evangelical

Lutheran Church, but according to the legislation also other religious denominations may be officially

approved. The Committee believes that this openness contributes to ensuring that the Danish society is

democratic and pluralistic. The Committee sees it as its most important task to ensure that all

organisations that apply for special status as a religious denomination in Denmark are assessed based on

uniform, clear and objective criteria.

The freedom of religion and belief secures the individual’s right to choose and reject a religious

philosophy of life and the organisations’ right to profess their religion and perform their rituals. This

freedom does not imply a right to official recognition of all organisations purporting to be of a religious

nature.

A religious denomination must be based on a particular religion. However, the concept of religion is far

http://www.km.dk/


from clear and well-defined. The concept is historically defined in Europe and is especially associated

with the monotheistic book religions. But such a narrow definition of the concept is not compatible

with the principles of pluralism. The concept is not based on objective characteristics, and there is no

authoritative, scientific definition. There is even an extensive debate among scholars of religion about

the delimitation and most important characteristics of the phenomenon.

With the definition below, the Committee seeks to strike a balance between two considerations. On the

one hand, the definition must be clearly delimited because it is to form the basis for awarding a special

status. On the other hand, it must be sufficiently broad to accommodate the consideration of pluralism.

The Committee attaches special importance to the consideration of pluralism and therefore uses a

minimum definition: The Committee defines a religion as a specifically formulated belief in human

dependency on a power or powers beyond human beings and the laws of nature, and a belief that

provides guidelines for human ethics, morality and conduct. In order to be eligible for approval as a

religious denomination a number of additional criteria must be met. These criteria are described below.

The ministerial approval of a religious denomination has nothing to do with the freedom of religion. It

is not an assessment of religions as the approval is based exclusively on objective criteria. The

Committee carries out its work based on the administrative law point of view that ministerial approval as

a religious denomination (and thus the possibility of being granted authority to perform marriage

ceremonies) is a delegation of the executive power. Therefore, the Ministry reserves the right to assess

whether this delegation takes place on an adequate administrative basis. The Ministry’s right to reject

applicants is not contrary to anti-discrimination declarations and conventions (see below). These

declarations and conventions are meant to protect individuals or groups from losing or being denied

their fundamental rights due to religion, race, language and the like. Special rights, on the other hand,

may be awarded by the state according to clear and objective criteria.

The Committee has prepared the following guidelines for its assessment of applications for approval as a

religious denomination. These guidelines closely reflect Danish legislation and ministerial practice with

due consideration to international declarations and conventions. The Committee wishes to ensure

openness about the guidelines in order to counter accusations of discrimination or idiosyncratic practice.

On the special status of religious organisations

Legislation and administrative practice assign a special status to certain religious organisations. So far

there have been five different categories of religious organisations: 1) the Evangelical Lutheran Church,

2) recognised religious denominations, 3) approved religious denominations, 4) religious societies and 5)

groups approved under Section 8 A of the Danish Tax Assessment Act. The concept ‘recognised

religious denomination’ comprises religious denominations recognised by royal decree. With the

introduction of the Danish Marriage Act of 4 June 1969, the practice of recognition was discontinued

and replaced by authorisation upon application from individual, named pastors to perform marriage

ceremonies and/or approval as a religious denomination upon application from a religious organisation.

The two latter groups: ‘religious societies’ and ‘groups approved under Section 8 A of the Danish Tax

Assessment Act’ are mentioned in the tax legislation and are exclusively approved by the tax authorities.

With the introduction of the Danish Aliens Act on 6 August 2007 a sixth category was included in the

administrative practice, namely ‘religious order’ (see p. 8 below). The Committee interprets this category

to comprise monastic and convent orders.


Since 2000 the concept ʻparish’ has been used in the ministries’ administrative practice. The Committee

interprets the concept parish to be a small group or chapter within or in relation to one of the large world

religions (see p. 6 below). The Committee’s assessment of whether the designation parish applies does

not, however, depend on whether the parent religion accepts the relation.

The Committee only makes decisions on applications from religious organisations that apply to the

Ministry of Ecclesiastical Affairs for approval as a religious denomination or parish.

The legal basis of the Committee

The legal basis of the Committee is primarily the Constitutional Act of the Kingdom of Denmark of 5 June

1953, but it also comprises the Danish Marriage Act from 1969 (Section 16(1)(iii)) and a number of

provisions concerning religious communities.

Furthermore, the legal basis includes the international agreements concluded by the Danish state,

including the Danish Act on the European Convention on Human Rights of 1992 (Act No. 285 of 29 April 1992)

and the Universal Declaration of Human Rights of 1948; the Promulgation of the International Convention of 21

December 1965 on the Elimination of All Forms of Racial Discrimination; the Promulgation of the International

Covenant of 16 December 1966 on Civil and Political Rights and the Optional Protocol; and the Convention for the

Protection of Human Rights and Fundamental Freedoms of 1950 with subsequent Protocols, which form the basis

for the above-mentioned Act of 1992.

Also the replies of the Ministry of Ecclesiastical Affairs were included in the reading of the Bill for the

Marriage Act in the Danish parliament (the Official Report of the Danish Parliamentary Proceedings 1968-69,

addendum B, columns 1927-30). These replies clarify the concept ‘religious denomination’. Finally, the

Committee has made enquiries about the practice followed by the advisors to the Ministry of

Ecclesiastical Affairs prior to the appointment of the Committee.

Furthermore, the Danish Aliens Act (Consolidation Act No. 863 of 25 June 2013) applies, of which more

details are provided below (p. 8).

Legislation on the freedom of religion

Religious issues are discussed in Sections 4, 6 and 66-70 of the Constitutional Act of the Kingdom of

Denmark of 5 June 1953. Section 4 confirms that the Evangelical Lutheran Church is the national

church of Denmark, which, as such, is supported by the Danish state. The Committee particularly

notes two facts in Sections 66-70. First, no rules have been laid down by the state on ‘religious bodies

dissenting from the Established Church’ as presumed in Section 69. Therefore, such ‘dissenting

religious bodies’ have been administered through ministerial procedures. Second, the provisions on the

freedom of religion contain rights as well as duties, namely: 1) the ‘liberty to form congregations for

the worship of God in a manner which is in accordance with their convictions’, but with an obligation

‘that nothing contrary to good morals or public order shall be taught or done’ (Section 67), and 2) that

‘no person shall by reason of his creed or descent be deprived of access to the full enjoyment of civic

and political rights, nor shall he escape compliance with any common civic duty for such reasons’

(Section 70).

Section 9 of the Danish Act on the European Convention on Human Rights of 1992 repeats the articles of the


Universal Declaration on the freedom of religion and on restrictions of this freedom due to the public

safety, order, health or morality as well as on the protection of the freedoms and liberties of others.

Furthermore, international agreements and treaties signed by the Danish state contain a number of

declarations on the freedom of religion. In the Universal Declaration of Human Rights adopted on 10

December 1948 by the United Nations General Assembly, special focus is on the rights and protection

of the individual. Article 2 includes a general comment that “everyone is entitled to all the rights and

freedoms set forth in this Declaration, without distinction of any kind”, e.g. due to religion. About the

freedom of religion, Article 18 stipulates: “Everyone has the right to freedom of thought, conscience

and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in

community with others and in public or private, to manifest his religion or belief in teaching, practice,

worship and observance.” The Declaration secures men and women of full age the right to marry and

found a family, without any limitation due to race, nationality or religion (Article 16). The Declaration

concludes by stipulating the obligation of the individual in relation to the rights and freedoms of others,

including “meeting the just requirements of morality, public order and the general welfare in a

democratic society” (Article 29(2)).

The Promulgation of the International Convention of 21 December 1965 on the Elimination of All Forms of Racial

Discrimination confirms the principles of the Declaration of 1948 and specifies that the respect for and

observance of human rights and freedoms must be without distinction “as to race, sex, language or

religion” (the preamble). The Declaration particularly focuses on racial discrimination. The Promulgation of

the International Covenant of 16 December 1966 on Civil and Political Rights and the Optional Protocol supplements

the rights and freedoms of the individual, including the freedom of religion, with similar rights for ethnic

groups (Part II, Article 2(1)). Article 18 of the Convention concerns the freedom of religion, repeating the

declaration of 1948 and supplementing it with a provision on the liberty of parents to ensure the religious

and moral education of their children in conformity with their own conviction (Part II, Article 18(4)). A

special article concerns the freedom of religion of minorities (Part II, Article 27). Furthermore, the

Convention includes an article on marriage (Part II, Article 23).

Danish marriage legislation

Section 16(1)(iii) of the Danish Act on the Contracting and Dissolution of Marriage (Consolidation Act No.

1052 of 12 November 2013) stipulates that a church wedding may be performed “in other religious

denominations when one of the parties belongs to such a religious denomination, and the religious

denomination has pastors authorised by the Minister of Ecclesiastical Affairs to perform marriage

ceremonies (see also Section 17(2)). All marriages in Denmark must be performed in the presence of

minimum two witnesses and with the simultaneous presence of the parties at the time they make their

statements to the effect that they wish to marry, following which the marrying authority must pronounce

them to be legally married (Section 20(1) and (2)). The procedure at the marriage ceremonies performed

by the religious denomination must be approved by the Minister of Ecclesiastical Affairs (Section 20(3)).

There are additional provisions regarding the procedures to be followed by the authorised pastor. Today

authority to perform marriage ceremonies is granted by the Ministry of Ecclesiastical Affairs.

Consequently, an application for authority to perform marriage ceremonies must be filed with the

Ministry.


How is the designation ʻa rel igious denomination ’ interpreted?

In the reply from the Minister of Ecclesiastical Affairs to questions asked in connection with the reading

of the Bill for the Marriage Act in the Danish parliament (the Official Report of the Danish Parliamentary

Proceedings 1968-69, addendum B, columns 1927-30), an interpretation of ‘religious denomination’ was

formulated, which has set a precedent. In connection with the reply (question 11), it was emphasised

that recognition as a religious denomination (see the letter from the Ministry of Ecclesiastical Affairs of

1 June 1929):

‘...first and foremost [will] depend on the size of the community and on whether the permanence

of its organisation is of such a nature, including also educational establishments for ministers, that

the continued existence of the community and the provision of pastors are ensured to whom the

performance of religious ceremonies, especially baptism and marriage ceremonies, with recognised

legal effect may be entrusted.’ In this connection, as mentioned in a previous letter from the

Ministry of Ecclesiastical Affairs ‘special weight will be attached to whether the religious

community in question is part of one of the large world religions’. (columns 1927-28).

These comments concern recognised religious denominations, i.e. religious denominations recognised by

royal decree. The recognition practice was abandoned in 1969.

The Committee understands the above reply to mean that the issue of organisation is central, especially

that it is a permanent organisation of a certain size. Furthermore, the Ministry must be satisfied that the

religious denomination will continue to exist, partly through education of pastors and partly through the

number of members. The approval is of the organisation. Insofar as the number of members is concerned,

applicants must have minimum of 150 members of full age (attained the age of 18) for a religious

denomination and 50 members for a parish.

Furthermore, significance is attached to the special importance of the large world religions. World

religions are understood as the large global religions: Christianity, Judaism, Hinduism, Buddhism and

Islam. Groups which in a broad sense may be included under these religions will be covered by the

concept parish and may therefore apply for approval as a parish instead of as a denomination.

Regarding the provision concerning a minimum of 50 members for parishes within the world religions,

exemptions may in exceptional cases be granted in connection with small parishes in sparsely populated

areas, such as e.g. Greenland.

In the reply of the Ministry of Ecclesiastical Affairs to question 12 in connection with the reading of the

Bill for the Marriage Act in the Danish parliament, the concept ‘religious denomination’ was defined in

detail. Also a number of requirements were formulated, which a religious community must meet:

... that it will be a condition for granting … authority that the community is an actual religious

denomination in the usual sense of the word – i.e. not merely a religious ‘movement’ or a religious

or philosophical association, but a community or society (a religious society) whose primary

purpose is the worship of God (cult) according to defined teachings and rites. This will be

checked the first time a pastor or elder of a non-recognised religious denomination applies for

authority to perform marriage ceremonies. Naturally, it will also be checked that nothing contrary

to good morals or public order is taught or done in the religious denomination and that the


religious denomination has an organisation of such a nature that there are lawfully elected

representatives who on behalf of the religious denomination or the individual parish may apply

for authorisation of one or more of its pastors or elders to perform marriage ceremonies.

Similarly, enquiries will be made with the police to find out whether there is any adverse

information about the character and morals of the person for whom authority is applied for.

Certificates of good conduct may be obtained. Also confirmation by the police may be sought

concerning the attesters’ trustworthiness. Furthermore, it must be established that the person in

question, if not Danish, is residing legally in Denmark and that he – out of consideration for the

mandatory reports to the authorities – masters the Danish language in speech and writing.

In short, the scheme means that certain requirements must be met by the religious denomination as

well as by their pastors. In this connection – as in connection with the recognition as a religious

denomination – individual assessments will be exercised. Any eventuality that cannot be predicted at

this time must be resolved in connection with considerations of the individual applications, and, in

this connection, procedures in this area are expected to be established rather quickly. (Official Report

of the Danish Parliamentary Proceedings 1968-69, addendum B, columns 1929-30).

The concept ʻreligious denomination’ thus consists of two elements, i.e. ‘religion’ which is specified as

‘the worship of God … according to defined teachings’ and ‘denomination’ which is defined as an

organisation or society (and neither a ‘movement’ nor a ‘philosophical association’) whose primary

purpose is ‘the worship of God (cult) according to defined teachings and rites’.

Summary of the concept of ʻa religious denomination’

Based on the state of the law described, the Committee has prepared the following summary:

The concept ʻworship of God’ is a theistic concept which is too narrow in a modern, religious

pluralistic society. Therefore, a more abstract concept of ‘God’ is required, which covers the

‘notion that human beings are dependent on one (or more) transcendental power(s)’.

The worship of God takes place based on specific teachings, i.e.:

That there must be a creed or other text that sums up and refers to the basic doctrines

and/or teaching traditions of the religion.

That there must be a shared belief that provides guidelines for human actions, i.e. ethics,

morality and conduct.

That there must be a shared belief that is expressed through marriage and other rituals.

That there must be instructions for or a description of the most important rituals.

That the marriage ritual must meet the requirements of Danish marriage legislation (see the

above Consolidation Act).

The concept of ‘religious society’ is understood as follows:

That the society has an organisational structure of such a nature that enables it to form

the basis for public control and approval. There must be statutes that can be assessed

according to the Danish conception of law.

That there are representatives appointed according to the statutes, who can be held


accountable by the authorities.

That there is a formal membership with guidelines for acceptance of members as well as for

voluntary or involuntary ending of the membership.

In connection with applicants with an esoteric (secret) tradition or practice, there is a special impediment

to the public right of insight. First, there is the requirement that ‘nothing contrary to good morals or

public order shall be taught or done in the religious denomination’, and second there is the

requirement that all members have access to the teachings of the religion, i.a. due to the presumption

of a shared belief.

But the requirement concerning good morals and public order represents something more than a

challenge for esoterics. The Committee’s primary field of interest is the religious content. If required, the

Committee may choose to draw on reports, court decisions and the like concerning an applicant’s

conduct in relation to good morals and public order. If such sources are included in the Committee’s

evaluations, the applicant will be notified. Any violations of law will be assessed by the courts of justice.

Even if applicants comply with the letter of the guidelines, automatic approval cannot be expected. Not

everything that looks like a religion is in fact a religion. This is e.g. the case for totalitarian political

systems, sports clubs, companies, ex-servicemen’s clubs and the like. Such organisations etc. may have

religious features such as rituals (military parades), apocalyptical expectations (the Fall of the West),

redemption ideas (the liberation of the working class), hero worship (Mao Zedung, Kim Il Sung or

Diego Maradona), ethics and morality (tax evasion is prohibited), dogma (the leader or the state is

infallible, certain ethnic groups are enemies of the state or we are surrounded by an international

conspiracy) as well as transcendental entities (the nation, the flag, the club, the leader). Such religion-like

organisations cannot expect to be approved as religious denominations.

The Danish Aliens Act

The Danish parliament has passed an act on aliens (the Danish Aliens Act, see Consolidation Act No.

863 of 25 June 2013), which has a section on religious preachers. Pursuant to Section 9 f, a residence

permit may, upon application, be issued to:

1) an alien who is to act as a religious preacher in Denmark;

2) an alien who is to act as a missionary in Denmark or

3) an alien who is to act within a religious order in Denmark.(subsection (1))

It is a condition for the residence permit under subsection (1) above that “the alien proves that he has

ties with the Evangelical Lutheran Church in Denmark or a recognised or approved religious

denomination in Denmark” (subsection (2)). In addition, it is a condition for the issue of a residence

permit that “the number of aliens affiliated with a particular religious denomination and holding a

residence permit under subsection (1) is reasonably proportionate to the size of the religious

denomination” (subsection (2)).

It is also a condition for the residence permit that the alien proves that he has “a relevant background or

training to act as a religious preacher or missionary or within a religious order” (subsection (3)). The Act

also stipulates additional requirements concerning knowledge of Danish (subsection (4)), maintenance


(subsection (5)) and public security and public order, health, morality and the rights and duties of others

(subsection (6)). The residence permit under subsection (1) must be obtained prior to entry into

Denmark.

The Act stipulates two important conditions in relation to the approval of religious denominations,

namely 1) that the residence permit is only issued to preachers or missionaries affiliated with a religious

community that is already recognised or approved in Denmark, and 2) that the residence permit is issued

to aliens who are to act within a religious order.

The former means that if the religious denomination within which a preacher or missionary is to act is

neither recognised nor approved, it must be approved before the residence permit is issued to the alien

preacher or missionary of such a religious denomination.

The latter means that if a religious order is a monastic or convent order which embraces celibacy, the

requirement for documented marriage rituals does not apply.

Rights

It is, among other things, characteristic of an approved religious denomination that the Ministry of

Ecclesiastical Affairs may authorise a pastor of such a religious denomination to perform marriage

ceremonies with recognised legal effect pursuant to Section 16(1)(iii) of the Marriage Act. Religious

denominations outside the Evangelical Lutheran Church may be given part of a cemetery of the

Evangelical Lutheran Church for its own use pursuant to Section 15 of the Danish Burial Act with

permission from the Ministry of Ecclesiastical Affairs or be granted permission by the Ministry of

Ecclesiastical Affairs to establish its own burial ground pursuant to Section 16(2) of the above Act.

Recognised and approved religious denominations are protected under Section 140 of the Danish Penal

Code (against public ridicule or insult) and Section 170(1) of the Danish Administration of Justice Act

(in connection with witness statements of ministers of the Evangelical Lutheran Church or other

religious denominations).

According to the guidelines on pastoral visits to prisoners in Danish prisons (the Danish Prison and

Probation Service/the Danish Ministry of Justice), prisoners may, subject to a concrete assessment, be

visited by a pastor of the religious denomination to which they belong.

Furthermore, the tax legislation includes provisions for certain benefits: The right to receive gifts and

payments with a right of deduction for the grantor, the exemption from corporate income tax, taxation

of foundations, property tax, inheritance tax, payroll tax and payment of contributions to the Employers’

Reimbursement Scheme. However, some of the above acts distinguish between recognised and

approved religious communities. Consequently, the Act on Statutory Debt Collection and Execution Without a

Court Order or a Settlement (Section 1(1)(i)), the Act on Fees on Registration in the Land Registry and Registration of

Ownership and Mortgages, the Danish Corporation Tax Act (Section 3) and the Danish Archives Act only apply

to recognised religious communities.


Documentation requirements

Approval as a religious denomination involves rights as well as obligations. Based on the above, the

Committee concludes that approval as a religious denomination must be based on reliance upon the

worship of God being the main object of the organisation, that accountable representatives have been

appointed, openness in connection with teachings and rituals as well as continuity with regard to the size of

the religious denomination and the education of pastors. In addition, it is regarded as a precondition that

approved religious denominations, like the rest of society, respect human rights, particularly the freedom

of religion and belief, including the right to change religion or to reject religion entirely.

In order for the Committee to provide a qualified decision on applications for approval as a religious

denomination, documentation must be provided as indicated below. The Committee may find it

necessary to request additional documentation.

The following documentation must be enclosed with the application:

1. A creed or other text that refers to the basic doctrines and/or teaching traditions of the religion

and which documents that there is “worship of God” in line with the Committee’s guidelines,

and how this belief provides guidelines for members’ ethics, morality and conduct.

2. The central religious texts (however, an excerpt or description is sufficient in connection with

large text traditions).

3. A description of the marriage ritual and/or other important rituals.

4. A description of the organisational structure if different from the description in the statutes.

5. A copy of the statutes.

6. A copy of the most recent financial statements, including income statement and balance sheet,

audited or reviewed by a registered or state-authorised public accountant according to Danish

auditing or review standards. In case of newly established associations, a copy of the most recent

interim statements must be enclosed if no financial statements are available yet, such statements

to be audited or reviewed by a registered or state-authorised public accountant according to

Danish auditing or review standards.

7. A statement of the number of members of full age (attained the age of 18) with permanent residence in Denmark.

8. A description of the education of the pastors or marrying authority.

9. Information about whether the religious denomination is officially recognised or approved in

another Nordic country, if relevant.

10. Information about whether the religious denomination is connected to international

organisations or to a parent organisation, if relevant.


18 August 2011

Armin W. Geertz, Professor, Doctor Philosophiae (Chairman) Per Ingesman, Professor, Doctor Philosophiae Eva Smith, Professor, Doctor Juris Margit Warburg, Professor, Doctor Philosophiae

approval as a religious denomination or parish - k m · an application for approval as a religious...

Documents