Sweden - 2012
Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
- Code:
- RED14
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes. |
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| Qualitative Info |
In the Antidiscrimination Act (2008:567), non-profit organisations have the legal standing to litigate discrimination cases. The preconditions for this right are stipulated in Chapter 6 Section 2 of the Discrimination Act, which states that non-profit organisations whose statutes include the right to protect the interests of its members and the right to bring actions in their own name as a party to the litigation can represent victims in Court. The association must have the consent of the individual and be suited to represent the individual in the case, taking account of its activities and its interest in the matter, its financial ability to bring an action and other circumstances. Their right to so represent a victim is secondary to that of a trade union in the employment field. Trade unions have legal standing to litigate discrimination cases where one of their members is involved. Under Chapter 4, Section 5 of the Labour Disputes (Judicial Procedure) Act (1974:371), the Ombudsman or an association may only bring an action if the trade union does not do so. Several Anti-discrimination bureaus and NGO’s have welcomed this opportunity as strengthening the role of NGO’s to fully be an independent actor in discrimination cases. The Anti-discrimination bureau, Örebro Rättighetscenter [Örebro Rights Center] made use of this right by filing their first law suit in a discrimination case to court. The case concerned a Roma woman who was forced to pay for gasoline in advance as well as having her rights violated through insulting remarks about her ethnicity. Örebro Rights Center filed a lawsuit against the petrol station for discrimination and demanded 20 000 SEK (2000 Euros) in compensation to the woman. The Göta Court of Appeal ruled in October 2011, that the petrol station exposed the woman to direct discrimination associated with the woman's ethnicity. The gas station was imposed to pay 5000 kronas (555 euros) in discrimination compensation to the woman. Source: The Antidiscrimination Act (2008:567), http://www.do.se/Documents/pdf/new_discrimination_law.pdf (accessed 04.03.2012) Örebro Rights Center, 03.10.2010, http://www.adbsverige.se/ (accessed 04.03.2012)
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| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities | |
| Type (R/D) | Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia | |
| Key socio-economic / Institutional Areas | ||
| External Url | http://www.do.se/Documents/pdf/new_discrimination_law.pdf | |
| Situation(s) |
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