Denmark's Supreme Court to Decide Whether 'Non-Western' Label Falls Under Racial Discrimination Law

Denmark's supreme court is set to rule on whether the state's classification of residents with 'non-western' backgrounds is covered by racial discrimination law, in a case that could reshape one of the country's most contentious housing policies.

The appeal was brought by residents who were evicted from Nøjsomhed-Sydvej in Helsingør, a city north of Copenhagen, under legislation previously known as the 'ghetto law'. The government now describes the neighbourhoods affected by the law as 'parallel societies'. The outcome could have far-reaching implications for others forced from their homes under the same rules.

The residents, who have lost in lower courts, argue that the housing association's evictions were designed to reduce the number of people with a 'non-western' background so the area would avoid being designated a 'ghetto' and falling under the legislation. The government has previously maintained that the classification has nothing to do with ethnicity.

In December, the European court of justice ruled that the legislation may be unlawful. The law obliges housing associations to reduce not-for-profit housing by 40% by 2030, through selling or demolishing properties or terminating tenants' leases.

It also requires the demolition of apartment blocks in areas the government once called 'tough ghettos' and now labels 'transformation areas', where at least half of residents have a 'non-western' background. Neighbourhoods with similar socioeconomic problems, such as high unemployment or crime, are not subject to the same measures.

The policy has drawn widespread criticism from human rights groups, including Amnesty International. In a report published last month, the European Commission Against Racism and Intolerance said there had been 'no positive change in the authorities' approach to the use of the 'non-western' category across various laws, policies and administrative practices, including in relation to the 'parallel society' legislation'. The UN committee on the elimination of racial discrimination has urged Danish authorities to abandon the terms 'western' and 'non-western' in law and policy, citing concern that the parallel societies law has a 'discriminatory impact on ethnic minorities'.

A separate challenge remains unresolved. Residents of the Mjølnerparken housing estate in central Copenhagen sued in 2020, arguing that using ethnicity to decide where people may live is discriminatory and illegal. Their case has yet to return to the domestic courts since December's verdict, and more than 1,000 people were forced to move out because of the law.

Legal experts say the Nøjsomhed-Sydvej case, to be heard on Friday and Monday, could influence the Mjølnerparken proceedings because it is likely to produce a domestic ruling on whether 'non-western' background is covered by racial discrimination law.

Susheela Math, head of legal at the NGO Systemic Justice, said: 'If the supreme court decides that 'non-western' background is linked to ethnic origin and racial discrimination law, that raises huge questions for the Danish state.' Such a finding could force the state to consider abolishing the categorisation entirely, with ramifications across society, she said, adding: '[The government] will refer to ethnic origin when it suits them but inside a court, no matter what you present, they say 'non-western' background has nothing to do with ethnicity and that they do not collect ethnic data.'

It is understood that residents of Nøjsomhed-Sydvej would be allowed to return to their homes if they win the case, which is expected to be decided later this month. For Mjølnerparken residents, however, a return would be far harder because their homes have been sold. The Danish ministry of children, senior citizens, and housing has been contacted for comment.