Denmark's 'Ghetto Law' Faces Supreme Court Challenge Over Alleged Ethnic Discrimination

In Copenhagen's Norrebro district, a vibrant and multicultural area, Sara, a 46-year-old Muslim woman born and raised in Denmark, expressed her feelings of being marginalized by the government and media. She believes Denmark's controversial "ghetto law" unfairly targets Muslims, who constitute a small fraction of the population. The Danish Supreme Court is set to deliver a ruling on November 23 that could significantly impact this law. The law allows for the sale, demolition, or conversion of non-profit housing in areas where over half the residents are classified as "non-Western." These non-profit housing units, which accommodate over a million people and are open to everyone, are at the heart of the legal challenge.

Seven families from the Nojsomhed estate in Helsingor are suing their former landlord, Boliggarden, alleging they were displaced due to their or their parents' origins after the estate was placed on the "ghetto list" in January 2020.

Eddie Khawaja, the families' lawyer, stated in his Copenhagen office that the core issue is whether the law's evaluation criteria are "neutral" and "detached from ethnicity elements." This case is the first to reach the Supreme Court following a ruling by the Court of Justice of the European Union (CJEU) last December. The CJEU had indicated that the "non-Western" classification could constitute ethnic discrimination, leaving Danish judges to make the final determination. Lower courts had previously ruled against the families, asserting that "non-Western" does not denote an ethnic group. The Supreme Court must now reconcile this with the EU's ruling.

Khawaja argued that the EU ruling permits judges to consider the legislative intent and political discourse surrounding the law, not just its wording. He contends that "non-Western" serves as "a proxy for ethnic origin." He highlighted that his clients are largely employed, educated individuals, not criminals, but are being targeted due to their "wrong ethnicity." Regardless of the outcome for the families, Khawaja emphasized that the court's decision on the neutrality of the criterion could have far-reaching implications for all estates on the government's lists, which are updated annually and were formerly known as "ghettos" but are now termed "parallel societies."

Helle Hansen, a care worker from Gellerup in Aarhus, recalled the stigmatizing effect of the initial "ghetto list" in 2010, despite it bringing funding for social projects. Residents of newly listed estates faced public scrutiny. The 2018 "parallel society" law targets non-profit housing areas with over 1,000 residents, where more than half are "non-Western" and at least two of four criteria (unemployment, crime, education, income) are met. These areas face a mandate to reduce non-profit family housing to 40 percent by 2030 through sales, demolition, or conversion if they remain on the list for five consecutive years. In 2021, the Social Democrat-led government rebranded "ghetto areas" to "parallel societies" and "hard ghettos" to "transformation areas," introducing "prevention areas" for estates with a 30 percent "non-Western" threshold. Hansen noted that estates with similar social issues but a lower "non-Western" population are exempt from these obligations.

Khawaja acknowledged the positive goals of reducing crime and improving social metrics but argued that the law's focus on ethnicity is problematic. He stated, "Instead, we are just saying, fine, regulate on that." In Gellerup, seven blocks comprising 408 flats were slated for demolition, a plan opposed by residents but approved by the housing association. Hansen is part of Almen Modstand, a movement protesting the "ghetto law."

Amani Hassani, an urban ethnographer and lecturer, explained that the "non-Western" criterion, defined by Statistics Denmark to include individuals from outside the EU and a select group of Western countries, functions differently from social measures alone. She described it as "creating a racial category in real time," based on ancestry and targeting individuals from non-white majority countries, irrespective of citizenship. Hassani pointed out that Statistics Denmark now separates data for third-generation individuals, whom she refers to as "descendants of descendants." She shared her personal experience of being considered "not Danish" despite her family having lived in Denmark for fifty years.

Sara believes that religion, specifically Islam, is central to the issue, stating, "I am Muslim, and that is really what they see as non-Western." Many individuals interviewed by Al Jazeera suggested that political rhetoric often targets Islam, citing a parliamentary resolution after the law's implementation that described "parallel societies" as places where Islamic customs are enforced at the expense of Danish values. Ester Anker, a psychology student, labeled the law "straight up racist" and clearly aimed at Muslims, noting that politicians "haven’t even done a good job at hiding that fact."

Majken Felle, a teacher who has lived in Mjolnerparken since 2014, described how the law's pressure, including eviction notices, led to neighbors forming a strong "community of care." She spoke highly of the resourcefulness and tenacity of many residents, often women from the Middle East who had fled their home countries. Felle believes the state underestimated these women, who actively resisted displacement. Hassani echoed this, describing the emergence of a supportive community that helps newcomers navigate Danish society, a community she feels is being dismantled. Mjolnerparken, having fallen below the 1,000-resident threshold, came off the list in 2023 but must still complete its transformation plan by 2029. Felle observed that the estate's character has shifted, with more transient students and expats, leading to a less cohesive community atmosphere.

Hassani cautioned that even a legal victory might not end the law's impact, as the government could employ "political acrobatics" to continue targeting similar communities under different labels. Felle shares this concern, emphasizing that "People cannot change who they are," and questioning who might be targeted next if these estates are the focus today.