Danish Supreme Court to Decide if 'Non-Western' Label Equals Racial Discrimination
A ruling this week could determine whether the state's eviction of residents based on their background violates anti-discrimination laws, potentially forcing a repeal of the parallel societies policy.
By Fatima Saleh ·
The Danish Supreme Court will issue a ruling this week on whether the government’s classification of residents with “non-western” backgrounds constitutes racial discrimination under Danish law. The decision is expected later this month.
The case stems from evictions at Nøjsomhed-Sydvej in Helsingør, a city north of Copenhagen. The residents argue that their housing association forced them out specifically to reduce the number of people with “non-western” backgrounds. Their goal was to prevent the neighborhood from meeting the legal criteria for a “ghetto,” which would trigger strict government controls. The government has previously maintained that this classification is unrelated to ethnicity.
The legislation, originally known as the ghetto law and now referred to as the parallel societies act, mandates that housing associations cut their not-for-profit housing stock by 40% by 2030. This reduction must be achieved through sales, demolitions, or lease terminations. In areas designated as transformation zones, where at least half of the residents have a “non-western” background, the law also requires the demolition of apartment blocks. Other neighborhoods with similar socioeconomic challenges, such as high unemployment or crime rates, are exempt from these specific measures.
More than 1,000 people have been forced to move due to this law. In December, the European Court of Justice ruled that the legislation may be unlawful. Despite that verdict, the Mjølnerparken housing estate in central Copenhagen, which filed suit in 2020, has not yet had its case returned to domestic courts. If the Nøjsomhed-Sydvej residents win, they are expected to be allowed to return to their homes. For Mjølnerparken residents, a return is likely more difficult because their properties have already been sold.
Susheela Math, head of legal at the NGO Systemic Justice, said the outcome raises major questions for the state. “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 said. She noted that the state would then have to decide whether to abolish the categorization entirely, which could affect policies across society.
Math criticized the government’s inconsistent use of the term. “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,” she said.
The policy has drawn criticism from international bodies. The UN committee on the elimination of racial discrimination has asked Danish authorities to stop using “western” and “non-western” in law and policy, citing a discriminatory impact on ethnic minorities. A report from the European Commission Against Racism and Intolerance published last month found no positive change in the authorities’ approach to using the “non-western” category across various laws and administrative practices.
The Danish Ministry of Children, Senior Citizens, and Housing has been contacted for comment on the upcoming ruling.
