Anti-discrimination framework

Recommendation §10/11 (CCPR/C/SWE/CO/7)

While noting the legislative and institutional reforms in the area of non-discrimination, including the adoption of the 2009 Discrimination Act (2008:567) and its subsequent amendments of January 2013 and 2015, the Committee remains concerned about the limited scope of coverage and existing protection gaps owing to the fact that the existing anti-discrimination laws and regulations fail to afford protection against all status-based forms of discrimination and do not cover discrimination in all areas of public life. The Committee is further concerned:

  • (a) that the Equality Ombudsman is not empowered to invoke international standards, including the ECHR that is part of Swedish law, and that it cannot exercise jurisdiction over cases of discrimination by some government agencies such as the police, prison service, prosecutors and courts when they exercise public authority, as such discrimination is not regulated by the Discrimination Act;
  • (b) that qualifying criteria for legal aid may limit in practice access to judicial remedies of victims of discrimination. The Committee notes that an inquiry mandated to review the adequacy of the current anti-discrimination framework is ongoing (arts. 2, 3 and 26).

"the mandate of the Equality Ombudsman should be expended to all forms of discrimination"

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Recommendation of the Committee

The State party should consider, in the framework of the current review of its anti-discrimination legislation, expanding the scope of protection against discrimination under its domestic law by inter alia introducing a prohibition of discrimination in all spheres and sectors in full compliance with the anti-discrimination provisions of the Covenant. The State party should also improve the accessibility of effective remedies against any such form of discrimination, including by considering expanding the mandate of the Equality Ombudsman to all forms of discrimination and expanding the legal aid criteria to enable victims of discrimination to pursue their cases in court where the interest of justice so require.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

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CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

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Documents adopted by the Human Rights Committee (November 2012)

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