By Sohaib Shams
Denmark’s supreme court is set to rule on whether the state’s classification of residents with “non-western” backgrounds falls under racial discrimination law, following an appeal by former residents of the Nøjsomhed-Sydvej housing estate in Helsingør who were evicted under legislation previously known as the “ghetto law.”
Background of the case
The government rebranded affected neighborhoods as “parallel societies” and requires housing associations to reduce non-profit housing by 40% by 2030, including through sales, demolitions, or lease terminations. The law targets areas where at least half of residents have a “non-western” background, while other areas with similar socioeconomic conditions are exempt.
Legal challenges and international criticism
In December, the European Court of Justice ruled the legislation may be unlawful. Human rights groups, including Amnesty International, have criticized the policy. The European Commission Against Racism and Intolerance reported no positive change in the use of the “non-western” category, and the UN committee on racial discrimination urged Denmark to stop using the terms “western” and “non-western” in law.
Implications for other cases
More than 1,000 people have been forced to move under the law. Legal experts say the Nøjsomhed-Sydvej case could influence a separate suit by residents of Mjølnerparken in Copenhagen, who argue that using ethnicity to decide where they can live is discriminatory. A supreme court ruling linking “non-western” background to ethnic origin would raise major questions for the Danish state, according to Susheela Math, head of legal at the NGO Systemic Justice.
Potential outcomes
If the residents win, they may be allowed to return to their homes, though returning to Mjølnerparken would be more difficult because those properties have been sold. The Danish ministry of children, senior citizens, and housing has been contacted for comment.
