Denmark’s top court to rule on ‘parallel societies’ after ‘non-western’ people evicted
Denmark's supreme court is set to rule on whether the state's classification of residents with 'non-western' backgrounds constitutes racial discrimination, following evictions under controversial legislation.
The appeal comes from residents evicted from Nøjsomhed-Sydvej in Helsingør, north of Copenhagen, who argue the housing association targeted them based on their 'non-western' backgrounds to prevent the area from being labeled a 'ghetto'. The government now refers to these neighborhoods as 'parallel societies'.
The controversial legislation previously known as the 'ghetto law' requires housing associations to reduce non-profit housing by 40% by 2030 through measures like selling properties, demolishing buildings, or terminating leases. The policy specifically targets areas where at least half of residents have a 'non-western' background, now called 'transformation areas'.
European concerns
In December, the European court of justice ruled that the legislation may be unlawful. Human rights groups including Amnesty International have heavily criticized the policy. The European Commission Against Racism and Intolerance recently reported no positive change in Denmark's use of the 'non-western' category across laws and policies.
Legal implications
Residents of Mjølnerparken in Copenhagen filed a suit in 2020 arguing the law discriminates based on ethnicity, but their case hasn't returned to domestic courts since the ECJ's December verdict. Over 1,000 people were forced to move due to the legislation.
Legal experts believe the Nøjsomhed-Sydvej case could impact the Mjølnerparken case by establishing whether 'non-western' background is covered by racial discrimination law in Denmark.
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.
Math noted the government inconsistently addresses ethnicity: '[They] 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.'
Potential outcomes
If the residents win, Nøjsomhed-Sydvej evictees could return home, but Mjølnerparken residents face greater challenges as their properties have been sold. A ruling against the government could force it to reconsider its ethnic categorization policies across society.
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