A group of 26 Greenlanders labeled "legally fatherless" have sued the Danish state for violations of human rights, demanding an apology and a total of DKK 3,375,000 (nearly $485,000) in compensation.
They claim that their right to family life has been violated due to a peculiar interpretation of the right to legal paternity that existed in parts of the Danish Realm.
Children born out of wedlock were treated as "legally fatherless" in Greenland until 1974, and their biological fathers had no paternity obligation. This meant that the children didn't know who their father was and were not entitled to inherit — or even take his surname. It was not until 2014 that the law changed so that the "legally fatherless" could initiate paternity proceedings. However, this did not apply if the estate issues had been settled.
By contrast, in Denmark proper, children born out of wedlock have had the right to know their father since 1938. Since then, the same rights have been applied to children born in and out of wedlock.
According to a report from the Ministry of Children and Social Affairs, in 2017 there were approximately 3,300 "legally fatherless" people in Greenland (population 56,000) and 1,300 legally fatherless Greenlanders in Denmark Proper (population 5.8 million).
Albert Gunnarsen, associate attorney at Ehmer Pramming, who is handling the case on behalf of the legally fatherless, claimed that his clients have been "discriminated against because they were born in Greenland."
According to Gunnarsen, the Danish authorities have been aware of the problem for a long time, but failed to take any action. He stressed that the long processing time and the uncertainty are "stressful for his clients."
Greenland's colonial status was only ended in 1953, when it was formally made an integral part of the Danish Realm with representation in parliament. In 1979, Greenland was granted Home Rule, and in 2009, all matters other than defense and foreign policy were transferred to the regional parliament. However, the quest for full autonomy, pursed by several political parties, has been hampered by a lack of resources and the necessity to rely on fixed Danish subsidies for income.
Nevertheless, Denmark's colonial past has been a fraught issue for the Inuit community of the world's largest island. Over the years, it has suffered historical injustices at the hands of the Danes.
For instance, in 1951, a group of Greenlandic children were taken from their families and forcibly placed in foster homes in a bid to make them "proper Danes" and promote the Danish colonization of Greenland's society, at that time seen as "backward."
Furthermore, Greenlandic women had intrauterine devices inserted by Danish healthcare providers without their knowledge or consent.
Earlier in February, the UN Special Rapporteur on the Rights of Indigenous Peoples called on Denmark and Greenland to address the negative impact of the colonial legacy that has led to structural and systemic racial discrimination against the indigenous Inuit community, which constitutes 90 percent of Greenland’s population.