Denmark faces EU court questions on housing policy, racism

Denmark must answer accusations at the European Court of Justice (ECJ) on Monday that its policy of demolishing minority-heavy neighbourhoods to promote integration amounts to racial discrimination.

The Nordic country in 2018 introduced what it called a ghetto package, a controversial plan to radically alter certain residential zones, including by tearing down social housing units to disperse residents.

Known for strict immigration policies, Denmark has had relative success in integrating migrants from non-Western countries, with high language proficiency and employment rates, but faced a backlash from those affected by the 2018 plan.

At the core of the case is whether Denmark's use of the term "ethnic origin", often used to describe people of colour when classifying ghetto neighbourhoods, is racially discriminatory.

Denmark defines areas with over 1,000 residents as ghettos if more than 50% are "immigrants and their descendants from non-Western countries", and where at least two other criteria on education, income, crime and work force participation are met.

A dozen residents from Mjolnerparken, a residential area in Copenhagen, first filed a case against Denmark's ministry of social affairs in 2020 after facing eviction.

A Danish court in 2023 requested a preliminary ECJ hearing to determine whether the term "ethnic origin" should be interpreted as including "non-Western" background and, if so, whether this was discriminatory.

Eddie Khawaja, a lawyer for the residents, said the plaintiffs felt stigmatised.

"They feel offended by the fact that in everyday speech, in legislation, in all the political proposals that surround this, they have been referred to as residents of ghetto areas," Khawaja said.

Denmark's ministry of social affairs declined to comment, saying it did not discuss ongoing cases.

Once the ECJ has reached a conclusion, the case will return to the Danish court which will decide how to apply the ruling.