14 maj 2020
Højesteret
Refusal to grant permission for import of wine not in contravention of Article 9 ECHR
Ministry’s refusal to grant permission for the import of ayahuasca wine was not in contravention of Article 9 of the European Human Rights Convention
Case no. 83/2017
Judgment delivered on 26 June 2018
Nordens Céu Sagrado
Mester Fernandos Center for Meditation og Videnskab
vs.
The Danish Ministry of Health
Ministry’s refusal to grant permission for the import of ayahuasca wine was not in contravention of Article 9 of the European Human Rights Convention
The case concerned the issue of whether the Danish Ministry of Health had violated Article 9 of the European Human Rights Convention by rejecting an application for prior approval of the import of ayahuasca wine containing the euphoriant DMT to be used for religious purposes.
The Supreme Court held that the refusal to grant permission for the import of ayahuasca wine amounted to interference with the freedom of religion within the meaning of Article 9, but that the refusal was necessary in a democratic society for the protection of public health and order. The refusal was thus in compliance with Article 9 ECHR. Consequently, the Convention had not been infringed.
The High Court had reached the same conclusion.