Denmark – Eastern High Court of Denmark: Housing Redevelopment Policy and Discrimination (2022)

Case: Eastern High Court of Denmark – Legal Distinctions Between “Westerners” and “Non-Westerners”

This case before the Eastern High Court of Denmark examines whether Denmark’s “Ghetto Package” housing redevelopment policies, which classify areas with high concentrations of “non-Western” residents as “ghettos,” constitute prohibited racial discrimination under international law. These policies, which critics argue are rooted in racial and ethnic stereotyping, disproportionately impact minority communities through forced evictions and displacement, violating rights to housing, security of tenure, and non-discrimination under ICERD and ICESCR. Special Rapporteurs Balakrishnan Rajagopal and Tendayi Achiume jointly submitted an amicus curiae intervention, highlighting the discriminatory nature of the “non-Western” categorization and its incompatibility with Denmark’s international obligations. They argue the policies perpetuate stigmatization, disrupt community ties, and fail to meet standards of proportionality and necessity, calling for inclusive, non-discriminatory housing policies that dismantle systemic racial discrimination.

Updates:

In December 2021, the Eastern High Court ruled in favor of the residents on preliminary issues, rejecting the Ministry’s claim that the residents were not directly affected by the development plan. Following this, the residents, joined by the Danish Institute of Human Rights and two UN Special Rapporteurs, requested the Eastern High Court to refer the case to the Court of Justice of the European Union (CJEU) for guidance on interpreting the EU Race Equality Directive concerning the “non-Western” categorization. The request was granted in November 2022, and the case was formally referred to the CJEU on June 30, 2023. A public hearing before the CJEU took place on September 30, 2024.