Here’s our take on the European Court of Justice (ECJ)’s recent ruling on Denmark’s controversial “ghetto law.” This legislation, colloquially referred to as the “parallel society” law, is likely in violation of EU anti-discrimination laws. This ruling will be remembered as a crucial development in the broader struggle over the direction of immigration and integration policy in Denmark. Then, in 2018, the law targeting neighborhoods dutifully marked by authorities as “parallel societies” passed. The designation largely hinges on the demographic makeup of the residents that currently live in those areas.
Under this law, areas are labeled as “parallel societies” if at least half of their inhabitants have a “non-western” background. The legislation gives the Danish government power to destroy blocks of flats. It requires an awful 40% net loss of social housing across all the designated areas. You can do this through property sales, building demolitions, or lease termination of existing tenants. Work to implement these steps by the end of this decade. Since it went into effect, over 1,000 residents have been displaced by such enforcement measures. This has sent rental prices through the roof in these communities.
In 2020, residents of the Mjølnerparken housing estate—located in the heart of central Copenhagen—rose up in defiance of the law. They contended that this discrimination occurs in the government’s use of ethnicity as a basis for housing determinations. Their ongoing legal battle has raised public awareness to the broader implications of such laws on social cohesion and community stability.
Tamara Ćapeta, advocate general at the European Court of Justice, weighed in on the subject earlier this year. She pointed out that tenants of terminated leases are subject to direct discrimination through access criteria based on ethnicity. This view is similar to the sentiments expressed by community members such as Muhammad Aslam. He was direct about the psychological cost of living under attack from federal programs.
“But when politicians are talking about us and have these kinds of competitions and trying to move us from society all the time, it affects you and your heart and your mind.” – Muhammad Aslam
What the ECJ ruling requires is for Danish courts to act. They should determine whether the “ghetto law” is contravening the EU’s race equality directive. This legal scrutiny could result in profound transformation in how Denmark resolves its demographic adversities. According to Susheela Math, a human rights advocate, this ruling represents “a day of reckoning for the Danish state,” highlighting that such laws may perpetuate discrimination against minorities.
Math wanted to stress that the law is part of a larger, historical trend. More importantly, it exposes the ways that political rhetoric and legislative initiatives are weaponized against vulnerable communities. She said that today’s ruling signals how political rhetoric harms those of non-Western descent. This kind of conversation is just adding gasoline to the fire of systemic racial discrimination.
“This ghetto package can really be seen as one stage in a long history of political rhetoric and laws and practices that are targeting minorities.” – Susheela Math
The Danish Institute for Human Rights has articulated many of its worries about the legislation. They point out it “offers multiple justifications” which are often at odds with human rights protections. From the organization’s joint assessment, advocacy towards greater reforms to protect Denmark’s multicultural landscape has increasingly been a point of focus for the country.
As this legal process continues to play out, the potential impact on Denmark’s housing policies and social integration strategies could be profound. We hope the court’s ruling will spark broader debates throughout Europe. It’s time for countries to take a hard look at how they are responsibly managing immigration and fostering positive relations with communities.