Discrimination Case Challenging Danish “Ghetto Package” Eviction Plan Referred to Court of Justice of the European Union

LONDON—Today, Denmark’s Eastern High Court referred a case against the Danish government to the Court of Justice of the European Union (CJEU) to consider whether the EU’s legal protection against racial discrimination applies to measures taken under Denmark’s “Ghetto Package” laws.

The case was brought by a group of Copenhagen residents who are being evicted from their homes in Mjølnerparken, which was designated a “tough ghetto” under the legislation. The determining factor in a “ghetto” designation is whether the majority of residents are labeled of “non-Western” background. The Danish Ministry of Interior and Housing has denied within the legal proceedings any connection with race or ethnic origin, even though, for example, the concept of “non-Western” excludes Australia and New Zealand.

Together with the Danish Institute of Human Rights and two UN-appointed human rights experts, the residents seek a ruling from the CJEU on the correct interpretation of the EU’s Race Equality Directive, including in relation to the term “non-Western” background.

“We welcome the Eastern High Court’s decision to refer this case to the Court of Justice of the European Union,” said Susheela Math, senior managing litigation officer at the Open Society Justice Initiative. “This gives the court in Luxembourg an invaluable opportunity to help address contemporary forms of racism by clarifying that it is not possible for Denmark or other European countries to seek to evade liability for racial or ethnic discrimination through the use of coded wording.”

Additionally, Math notes: “A number of expert international bodies have already called upon the Danish government to stop using ‘non-Western’ background as a basis for laws and policies, with the UN Committee on Economic, Social and Cultural Rights explicitly exposing it as a discriminator on the basis of ethnic origin.”

A ruling from the CJEU could be relevant not just in Denmark but across Europe, with Sweden having recently proposed introducing laws that replicate the Danish legislation.

“Those labeled as being of ‘non-Western’ background, including those born and raised in Denmark, have been targeted by the Danish state through a series of laws, policies, and practices,” said Lamies Nassri, project leader at the Centre for Muslims’ Rights in Denmark. “The UN’s human rights experts on contemporary forms of racism and adequate housing have expressed concern about the impact on communities that are predominantly Muslim and noted that this type of wording has been used or proposed in multiple national contexts in Europe. Islamophobia is growing in Denmark and throughout the continent.”

Nassri added: “This summer, the European Commission against Racism and Intolerance emphasized the need for the Danish government to prevent anti-Muslim racism and discrimination as a priority. We call upon national and international courts—including the CJEU—to help do the same.”

The “Ghetto Package” was introduced in March 2018 and includes a requirement to reduce common family housing in so-called “tough ghettos” to 40 percent by 2030. As a result, over 200 family homes in Mjolnerparken are being sold to private investors. Like thousands of others across Denmark, the residents are now receiving eviction notices, despite an urgent appeal by three UN Special Rapporteurs asking for the sale to be halted pending resolution of the litigation.

In 2021, the legislation was expanded with the aim of reducing residents of “non-Western” background in any “housing estate” in Denmark to a maximum of 30 percent within the next ten years.