Denmark’s Supreme Court is expected to decide whether the state’s classification of residents of “non-Western” origin is covered by the Racial Discrimination Act.
The appeal of residents evicted from Nøjsomhed-Sydvej in Helsingør, a town north of Copenhagen, could have far-reaching consequences for others who have been forced to leave their homes due to the controversial legislation once known as “ghetto law.” The government now describes the districts concerned as “parallel societies”.
The residents, who were unsuccessful in other courts, claim the evictions by the housing association were aimed at reducing the number of residents of “non-Western” origin to prevent the area becoming a “ghetto” and therefore subject to the legislation. The government has previously stated that this classification has nothing to do with ethnicity.
In December, the European Court of Justice (ECJ) ruled that the legislation could be illegal. The law requires housing associations to reduce non-profit housing by 40%, including by selling or demolishing properties or terminating tenants’ leases by 2030.
This also includes the demolition of apartment buildings in areas previously labeled “difficult ghettos” (now “transformation zones”) by the government, where at least half of the residents are of “non-Western” origin. Other areas with similar socio-economic conditions – such as high levels of unemployment or crime – are not subject to these measures.
The policy has been widely criticized by human rights groups, including Amnesty International. The European Commission against Racism and Intolerance published a report last month saying there had been “no positive changes in the authorities’ approach to the use of the ‘non-Western’ category in various laws, policies and administrative practices, including in relation to ‘parallel society’ legislation”.
The UN Committee on the Elimination of Racial Discrimination has called on Danish authorities to stop using the terms “Western” and “non-Western” in legislation and policy, and expressed concern that the Parallel Companies Act has a “discriminatory impact on ethnic minorities”.
Residents of the Mjølnerparken housing estate in central Copenhagen, who filed a lawsuit against the Danish law in 2020, arguing that using their ethnicity to decide where they can live was discriminatory and illegal, have yet to have their cases referred to the national courts since the December verdict. More than 1,000 people were forced to leave because of the law.
But legal experts said the Nøjsomhed-Sydvej case, which will be heard on Friday and Monday, could have implications for the Mjølnerparken case because it is likely to lead to a national ruling on whether “non-Western” origin is covered by the racial discrimination law.
Susheela Math, legal manager of the NGO Systemic Justice, said: “If the Supreme Court decides that ‘non-Western’ origin is linked to ethnic origin and the Racial Discrimination Act, this raises huge questions for the Danish state.
This would force the Danish state to decide whether to abolish the categorization altogether, which could have consequences for society as a whole, she said.
“(The government) will refer to ethnicity when it suits them, but in court, no matter what you present, they say ‘non-Western’ origin has nothing to do with ethnicity and they don’t collect ethnic data,” Math said.
It is understood that residents of Nøjsomhed-Sydvej would be allowed to return home if they win the case, which is expected to be decided later this month.
But it will likely be much harder for the residents of Mjølnerparken to return home if they win their case once it is heard, because they have been sold out.
The Danish Ministry of Children, Elderly and Housing has been contacted for comment.
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