Supreme Court Reviews “Non-Western” Housing Classification
Denmark’s Supreme Court is currently hearing an appeal from residents evicted from the Nøjsomhed-Sydvej housing estate in Helsingør, a case that will determine if the state’s “non-Western” classification system violates racial discrimination law. The hearing, which began on a Friday and continued through the following Monday, centers on whether the government’s criteria for forced evictions in so-called “parallel societies” disproportionately target residents based on their ethnic origin, The Guardian reported.
The residents, who have been unsuccessful in lower courts, argue that their leases were terminated in 2022 to meet legislative quotas designed to reduce the number of residents with “non-Western” backgrounds. The government maintains that the classification is unrelated to ethnicity, describing the policy instead as an integration measure. It’s about whether the criteria regarding the tenants’ origin is neutral or not,
Eddie Khawaja, the families’ lawyer, told the news agency AFP. So what does “non-Western” mean, and could the courts bring the law down?
European Court of Justice Ruling Impacts
In December 2025, the European Court of Justice (ECJ) ruled that the legislation, formerly known as the “ghetto law,” may be unlawful, according to reporting by Al Jazeera. The law requires housing associations to reduce non-profit housing in designated areas by 40% by 2030, using methods such as property sales, demolition, or lease terminations. It also includes demolishing apartment blocks in areas previously labelled “tough ghettos” (now “transformation areas”) by the government, where at least half of residents have a “non-western” background.
While the government now refers to these areas as “transformation areas,” the policy specifically targets neighborhoods where more than half of the residents are classified as “non-Western.” Other neighborhoods with identical socioeconomic challenges—such as high unemployment or crime rates—but fewer residents of that specific background are not subject to the same mandates. More than 11,000 people are estimated to be affected by these requirements by 2030, according to tenant associations.
Legal Implications for Mjølnerparken Residents
The current Supreme Court proceedings could set a precedent for the ongoing legal battle involving the Mjølnerparken estate in central Copenhagen. Residents there initiated a lawsuit in 2020, arguing that the use of ethnicity to dictate housing rights is illegal. Their case has remained stalled in domestic courts since the ECJ’s December ruling.
Susheela Math, head of legal at the NGO Systemic Justice, noted that a ruling connecting the “non-Western” label to racial discrimination would force the Danish state to address the future of the entire classification system. If the supreme court decides that ‘non-Western’ background is linked to ethnic origin and racial discrimination law, that raises huge questions for the Danish state,
Math said.
If the residents of Nøjsomhed-Sydvej win their appeal, they would likely be permitted to return to their homes. However, legal experts observe that a similar outcome would be more difficult for Mjølnerparken residents, as many of their former properties have already been sold.
Ethnic cleansing in Denmark?https://t.co/BDfzlt3omr
What Defines Non-Western Residents and Parallel Societies Under Danish Law
What is the definition of “non-Western” under Danish law?
The label applies to individuals born outside of Denmark or other EU/EFTA countries, as well as their descendants. According to Al Jazeera, this includes any person born in Denmark if neither parent is a Danish citizen born within the country, meaning Danish citizens can be classified as “non-Western.”
How does the government identify “parallel societies”?
Every December 1, authorities identify social housing estates with at least 1,000 residents where more than 50% are of “non-Western” background. Areas that meet this threshold and also satisfy two of four criteria regarding crime, unemployment, income, or education are added to the list, as noted by Al Jazeera.
When is a final decision expected?
While no formal date has been announced by the Supreme Court, reports suggest a verdict in the Nøjsomhed-Sydvej case could be delivered later this month.
🔴 Denmark's top court to rule on 'non-western' classification in eviction law Denmark's supreme court will decide Friday and Monday whether the state's legal classification of residents with 'non-western' backgrounds constitutes racial discrimination. The case involves… pic.twitter.com/lXcCX1dvlI