Danish court rules forced removal of Greenlandic child lacked proper cultural assessment

A Danish appeals court has ruled that authorities failed to adequately consider a Greenlandic mother’s cultural background when her child was forcibly removed in 2024, a case that has drawn criticism from UN experts. The decision comes as Denmark’s social ministry offers to meet with UN rapporteurs to address concerns over discriminatory practices in child welfare assessments.

The Western High Court determined that parental competency tests used in the case were outdated and did not account for the mother’s Greenlandic heritage, undermining the legal basis for the removal. The ruling marks the first time a Danish court has explicitly acknowledged the risks of using culturally insensitive assessments in such cases, according to Tine Birkelund Thomsen, head of equality at the Danish Institute for Human Rights.

The tests, known as forældrekompetenceundersøgelser (FKU), were previously scrapped after facing sharp criticism from UN rapporteurs and human rights groups for failing to consider Greenlandic language and culture. Despite their abolition in early 2025—replaced by a specialized advisory unit with Greenlandic expertise—the case has sparked ongoing scrutiny.

In March, three UN special rapporteurs, including Reem Alsalem (violence against women) and José Francisco Cali Tzay (indigenous rights), wrote to Denmark expressing concern that the tests may constitute “ethnic discrimination.” While Tuesday’s ruling did not address discrimination directly, it emphasized procedural flaws in safeguarding family rights under human rights law.

In a May 1 response, Denmark’s Social Ministry acknowledged the UN’s inquiry but cited the recent general election and caretaker government status, limiting its ability to provide detailed answers. The ministry proposed a meeting in Geneva or Copenhagen to discuss the new advisory unit, legal frameworks, and social support systems.

The National Knowledge and Specialized Advisory Organization (VISO) is now reviewing around 300 past cases to assess whether the flawed tests led to misleading evaluations. The appeals board has yet to comment on the ruling’s broader implications, but experts say it could influence similar cases involving Greenlandic families.