Greenlandic Mother Wins High Court Case Over Illegal Removal of Newborn
Keira Alexandra Kronvold, a Greenlandic woman, has won a significant legal battle in the Danish high court after her newborn daughter was taken from her shortly after birth. The child was removed following controversial psychometric tests assessing parental competence, which have been widely criticized.
In November 2024, Kronvold’s daughter Zammi was taken from her when she was only two hours old and placed into foster care. This action followed Kronvold undergoing so-called FKU (parental competence) psychometric tests. At the time, she was informed that the purpose of the test was to determine if she was "civilised enough".
Background and Legal Context
The Danish government had amended the law last May after prolonged criticism and international pressure, including threats from former US President Donald Trump concerning Greenland, which remains part of the Danish kingdom. Despite this legislative change, many Greenlandic parents living in Denmark, including Kronvold, remain separated from their children due to the previous use of these tests.
On Friday, the western high court ruled that the removal of Zammi, now 18 months old and residing with a Danish foster family, was illegal and violated Kronvold’s fundamental legal rights under the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention of 1989. The court also declared that the psychometric tests used to justify the removal were outdated.
Significance of the Ruling
Kronvold’s lawyer, Gert Dyrn, emphasized the ruling’s importance, stating:
"When the state made this new law last year they recognised they were in breach of the convention on Indigenous and Tribal Peoples and maybe of the European convention on human rights, which – in my opinion – the ruling today confirmed. This is a major victory for the Greenlandic community in Denmark."
Although the ruling does not directly result in Kronvold’s reunification with her daughter—who has since been reassessed under a new system—it marks the first time the Danish high court has addressed this issue. It is expected to have significant implications for Greenlandic parents and their separated children dating back to 1996, when Denmark ratified the ILO convention.
Dyrn added:
"There may be other women who have not been examined again according to the new law and they will probably be able to use this ruling to get their decisions nullified."
He also noted the ruling could assist adult Greenlandic individuals who were removed from their parents as children in seeking apologies or compensation from the Danish state.
International and Domestic Pressure
The Danish government faces increasing scrutiny over the use of these psychometric tests, which are considered culturally inappropriate for Greenlandic people and other minorities. Recently, learned that the United Nations had informed Denmark that the treatment of Kronvold by authorities "may be discriminatory and disproportionate."
Dyrn remarked that Kronvold’s case has been an eye-opener for Danish politicians regarding the treatment of Greenlandic people and the broader care and forced adoption system in Denmark:
"Something is happening and that is a good thing."
Earlier in the week, Kronvold lost a lower court case seeking reunification with her daughter. Her legal team plans to appeal this decision to the high court in hopes of overturning it.
Advocacy and Community Response
Sila 360, an organization focused on Inuit legal rights monitoring, described Kronvold’s case as "the tip of the iceberg" but acknowledged it as a significant milestone in the ongoing fight to reunite Greenlandic parents with their children.
Upon learning of the high court victory, Kronvold expressed her emotions:
"I feel so amazing, I’m having a hard time to describe with words. I am trying to calm myself down. This is going to change every case in Denmark for Greenlandic people."
She affirmed her commitment to continue advocating for change:
"I am still working to make sure there is change coming in for my children. This is for life, that’s it. I’m not backing down."
UN Involvement and Government Response
While the UN’s intervention is separate from the high court ruling, both developments increase pressure on the Danish government to address the issue. Reem Alsalem, the UN special rapporteur on violence against women and girls, along with the UN special rapporteurs on the rights of Indigenous peoples and on contemporary forms of racism, have written to Denmark requesting answers regarding the treatment of Kronvold and other Greenlandic families.
The UN officials stated that the removal of Kronvold’s children without her consent "may be discriminatory and disproportionate," highlighting the "apparent disrespect to her decisions regarding procreation and contraception choices over the years and which clearly has caused her enormous psychological suffering." They also reminded Denmark of its "binding human rights obligations."
Denmark recently held a general election, and political parties have yet to form a government.
In response to the UN’s communication, the Danish Ministry of Social Affairs expressed willingness to "engage constructively on the matters referred to in your letter" and proposed a meeting to discuss the issues in person.
Both the Danish Ministry of Social Affairs and Thisted Kommune, which initially decided to remove Kronvold’s daughter, declined to comment. A spokesperson for the National Social Appeals Board stated:
"Today we received the ruling in this specific case from the Western High Court, which we will review in detail. Since the National Social Appeals Board is the appellate body in the area, we follow the case law closely and continuously assess the significance of a higher court’s decision so that we can ensure, that we follow the case law correctly."
