| Abstract |
Key facts of the case:In the municipality named Ishoj the concentration of people of foreign descent is relatively high. In the mid-70s the local government made a quota system as to how many persons of foreign origin could live in the apartments owned by the municipality. A civil case was raised against the municipality on behalf of the persons who were denied renting flats because of the quota.Main reasoning/argumentation: The complainants claimed that the municipality did not have the right to reject foreigners on the grounds of the quota, and that the recommendation to the local housing associations was illegal according to the Act on Prohibition against Discrimination on the Basis of Race. The municipality claimed that the complainants had to admit, that it was legal to make a procedure by which foreigners were rejected if they, from estimation based on matter of facts, would damage the social prosperity and integration of tower blocks already having a high percentage of foreigners.Key issues (concepts, interpretations) clarified by the case: Assessment of objective criteria as justification for making quotas based on nationality. Considerations such as integration or prevention of racism in areas with a large concentration of foreigners are not objective criteria, which could justify quotas solely based on nationality.Results and most important consequences, implications of the case: The Eastern High Court stated that in a number of cases foreigners had been rejected solely based on their nationality, and that this was the intention of the procedure introduced by the municipality. That criterion is unwarranted according to the House building Act and the instruction of housing associations in accordance with the Act on Prohibition against Discrimination on the Basis of Race. It made no difference that the municipality claimed that the overall intention was to take care of the integration of people speaking a foreign language, and the rising financial problems of the housing associations.This constitutes a landmark decision which generally abolishes the use of quotas based on nationality in the area of housing. The decision is prior to the implementation of the Racial Equality Directive in Danish legislation. Reference in literature (Danish):'Beskyttelse mod Racisme' Niels-Erik Hansen, Det danske center for menneskerettigheder, ISBN 87-890-4044-9, 1994 (pp.72-73)'Udlændingeret' Kapitel 3, Niels-Erik Hansen og Lene Windland, ISBN: 87-574-4503-6, Jurist- og �?konomforbundets forlag, 2000. (p. 66)'Anti-diskrimination - Lovgivningen med kommentarer' Henrik Karl Nielsen, Lars Adam Rehof & Christian Harlang, ISBN 87-607-0404-7, GadJura, København 1997 (p. 59)'Klageadgang for etniske minoriteter' Nævnet for Etnisk Ligestilling, 1997, ISBN: 87-89943-87-2, Forlaget Thorup (p. 186)'Ligestillingslovene', Agnete Andersen, Ruth Nielsen og Kirsten Precht, Jurist- og �?konomforbundets forlag, ISBN 87-574-1118-2, 2005 (p.260)Reference in literature (international):'Danish Report - Comparative assessment of the legal instruments implemented in the various member states of the European Communities to combat all forms of discrimination, racism and xenophobia and incitement to hatred and racial violence.' The Danish Center for Human Rights, Year of publishing not found. (p. 30) ...
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