European Court Reaffirms Principles of EU Law Making It Likely That Denmark's “Ghetto Package” Is Racially Discriminatory
COPENHAGEN—Open Society Foundations welcomes today’s landmark judgment from the Grand Chamber of the Court of Justice of the European Union (EU), which reaffirmed principles of EU law making it likely that that central provisions of Denmark’s “Ghetto Package” violate the EU's Race Equality Directive.
The ruling represents a major victory for residents of Mjølnerparken, Copenhagen, whose case was brought with support from the Open Society Justice Initiative. The residents filed their challenge against the Ministry of Social Affairs and Housing in May 2020, arguing that the legislation constitutes unlawful racial discrimination.
“This case was never about housing alone; it was always about pernicious discrimination rooted in racism and xenophobia. Today’s ruling vindicates the residents who have stood firm in demanding their rights, even as they watched their neighborhoods stigmatized and their families forced from homes they've lived in for decades. We are proud to have supported their fight for justice. The court’s decision sends a vital message that governments cannot stigmatize, segregate, or dispossess people on the basis of who they are or where their families come from,” said James Goldston, executive director of the Open Society Justice Initiative. “This judgment matters beyond Denmark’s borders. We're witnessing a disturbing pattern across Europe where similar policies are being considered or implemented, targeting neighborhoods under the banner of urban development while actually punishing residents for who they are.”
Introduced in 2018, Denmark's “Ghetto Package” targeted neighborhoods where most residents are classified as being of “non-Western background” for elimination. The Danish government explicitly linked this racial classification to negative stereotypes about unemployment, education levels, gender equality, and adherence to Danish values. Notably, the “Western” category includes only majority-white populations, with countries like Australia and New Zealand included while geographically closer nations are excluded.
The legislation has resulted in thousands of residents facing eviction from their family homes in not-for-profit housing, while predominantly “Western” neighborhoods with identical socioeconomic characteristics remain untouched.
The Court’s Findings
The Court reaffirmed that discrimination on grounds of a person's ethnic origin constitutes a form of racial discrimination and that such discrimination constitutes a particularly odious form of discrimination which, given its dangerous consequences, requires special vigilance and a strong response on the part of the authorities. These authorities must use all the means at their disposal to combat racism and thus strengthen the democratic vision of society. The ruling recognizes stigmatization as a serious harm. Many affected residents are Danish citizens, born and raised in Denmark, yet the legislation treats them as perpetually foreign and threatens their sense of belonging.
“It has been obvious from the very beginning—back in 2018—that this law is explicitly and egregiously racially discriminatory. The Advocate General came to a similar conclusion earlier this year, with her opinion that this law is directly discriminatory. This is because of the division of ‘us’ and ‘them’ arising from the ‘non-Western classification’ and because this classification has resulted in stigmatization and the risk of losing homes. Nobody should ever have had to fight as long and as hard as the residents have done. Denmark has ignored warning after warning from European and UN legal bodies, as well as its own domestic watchdog. As a result, people have lost treasured, decades-long family homes, as well as communities, networks and memories,” said Susheela Math, head of legal at Systemic Justice and formerly senior managing litigation officer at Open Society Justice Initiative. “There is absolutely no excuse for Denmark to wait for a loss in the domestic courts: the legislation should be repealed; the categorization of ‘non-Western immigrants and descendants’ abolished; and all victims of this discrimination afforded effective redress.”
About the Case
The CJEU heard two joined cases, including the claim brought by Mjølnerparken residents with support from the Open Society Justice Initiative, in partnership with Eddie Omar Rosenberg Khawaja, Petra Fokdal, Almen Modstand (a grassroots organization resisting the legislation since its introduction), and the Centre for Muslim Rights in Denmark. The Danish Institute for Human Rights and two UN Special Rapporteurs intervened as third parties in support of the residents.
The second case concerned eviction notices against residents in Schackenborgvænge, Slagelse.