A Greenlandic woman whose newborn baby was forcibly removed by Danish authorities as a result of controversial parenting competency tests has won a landmark case with the High Court ruling that their actions were illegal.
Keira Alexandra Kronwald’s daughter Zammi was taken away from her when she was two hours old and placed in foster care in November 2024 after Kronwald was subjected to so-called FKU (parental capacity) psychometric tests. At the time she was told that the test was to see if she was “civilized enough”.
The Danish government suddenly banned tests on people with Greenlandic background last May after years of criticism and amid international pressure following threats from Donald Trump to the former Danish colony, which remains part of the Danish kingdom.
But despite the change in law, dozens of Greenlandic parents living in Denmark, including Kronvold, remain separated from their children after getting tested.
In Friday’s ruling, the Western High Court found that the removal of Zammi, who is now 18 months old and living with a Danish foster family, was illegal and a violation of Kronvold’s fundamental legal rights according to the 1989 International Labor Organization (ILO) Convention on Indigenous and Tribal Peoples. It also ruled that the tests used to inform the decision were outdated.
Kronwald’s lawyer Gert Doeren said the verdict was of “great importance”. He said: “When the state enacted this new law last year they recognized that they were violating the Convention on Indigenous Peoples and perhaps the European Convention on Human Rights, which – in my opinion – today’s decision confirmed. This is a huge victory for the Greenlandic community in Denmark.”
Although this decision will not directly lead to the reunification of Kronvold and her daughter, as she has since been reunified under a new system, it is the first time that the Danish High Court has ruled on this case and is expected to have substantial consequences for Greenlandic parents and their separated children since 1996, when Denmark ratified the ILO convention.
Dyron said: “There may be other women who have not been re-examined in accordance with the new law and they will potentially be able to use this decision to have their convictions overturned.”
He also said it could be used by adult Greenlandic people who were removed from their parents in childhood to seek amnesty or compensation from the Danish state.
The Danish government is under increasing pressure over the tests, which are considered culturally inappropriate for Greenlandic people and other minorities. Last week the Guardian learned that the United Nations had told Denmark that the authorities’ treatment of Kronvold “may amount to racial discrimination”.
Dyron said that Kronvold’s case was an eye-opener for Danish politicians on the treatment of the Greenlandic people and Denmark’s overall foster care and forced adoption system. “Something is happening and it is a good thing,” he said.
Earlier in the week, Kronwald lost a case in lower court to be reunited with her daughter. His lawyers now plan to take that case to a higher court in hopes of getting that case overturned.
Sila360, a group that works on monitoring Inuit legal rights, said Kronvold’s case was “the tip of the iceberg” but still an important moment for the fight to reunite Greenlandic parents with their children.
After receiving news of her victory at the High Court, Kronvold said: “I feel so amazing, I have difficulty describing in words. I’m trying to calm myself down. This is going to change every case in Denmark for the people of Greenland.”
Although their own fight is far from over, they vowed to continue until there is a new law for the people of Greenland. “I’m still working to make sure change is coming for my kids,” she said. “It’s for life, that’s all. I won’t back down.”
While the UN intervention is unrelated to the High Court decision, both increase overall pressure on the Danish government to take action.
Reem Alsalem, the UN Special Rapporteur on violence against women and girls, has written to the government, as well as the UN Special Rapporteur on the Rights of Indigenous Peoples and the Special Rapporteur on Contemporary Forms of Racism, asking them to answer questions about the treatment of the Kronvolds and other families with Greenlandic background.
UN officials said the decision to remove Kronwald’s children from her without her consent “may be discriminatory and disproportionate”, citing “the apparent disrespect for her decisions regarding reproductive and contraceptive choices over the years and which has clearly caused her enormous psychological suffering”.
He also reminded Denmark of its “binding human rights obligations”.
Denmark held a general election in March and the parties have not yet formed a government.
In response to the UN intervention, the Danish Ministry of Social Affairs said in a letter that it was ready to “engage constructively on the matters outlined in your letter” and proposed a meeting to discuss the issues in person.
The Danish Ministry of Social Affairs and Thisted Kommune, which made the initial decision to remove Kronvold’s daughter, declined to comment. A spokesperson for the National Social Appeal Board said: “Today we received the judgment in this specific case from the Western High Court, which we will review in detail. As the National Social Appeal Board is the appellate body in the region, we follow the case law closely and constantly assess the significance of the High Court’s decision to ensure we follow the case law correctly.”
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