Denmark's Supreme Court Weighs Legality of Housing Evictions Under 'Parallel Societies' Law

Denmark's Supreme Court is reviewing a legal challenge brought by seven evicted families from Helsingor, a coastal city north of Copenhagen. The tenants, whose leases were terminated in 2022, argue they were forced from their homes due to their origins or the background of their parents under legislation formerly known as the 'ghetto law' and now referred to by the government as 'parallel societies' regulation.

The two-day hearing centers on whether the statutory criteria regarding tenants' origins constitutes neutral policy or unlawful discrimination. Eddie Khawaja, the lawyer representing the families, stated the case questions the neutrality of origin-based criteria. The government contends that the removal of residents and the broader housing classifications are unrelated to ethnicity and are instead aimed at promoting integration and addressing socioeconomic challenges.

The disputed legislation mandates that housing associations reduce not-for-profit housing by 40 percent by 2030 through sales, demolitions, or lease terminations in designated areas. Neighbourhoods qualify for the 'parallel societies' list if they house at least 1,000 residents, consist of more than 50 percent 'non-Western' immigrants and descendants, and meet specific criteria related to unemployment, crime, education, and income. Areas remaining on the list for five years transition into 'transformation areas.'

Statistics Denmark defines the 'non-Western' label as covering any country outside the European Union, excluding Andorra, Australia, Canada, Iceland, Liechtenstein, Monaco, New Zealand, Norway, San Marino, Switzerland, the United States, and the Vatican State. The classification also encompasses descendants born in Denmark if neither parent holds Danish citizenship born in the country.

Human rights organizations, including Amnesty International, along with United Nations bodies and the European Commission Against Racism and Intolerance, have repeatedly criticized the policy. In December, the European Court of Justice ruled that the legislation may be unlawful. Legal experts note that the Supreme Court's decision, expected later this month, could carry significant implications for other pending legal challenges across Denmark, including a separate suit involving the Mjølnerparken housing estate in Copenhagen.