Sweden - 2012
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
- Code:
- RED17
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
Yes. |
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| Qualitative Info |
In the new discrimination Act from 1 january 2009 (2008:567), a new penalty, compensation for discrimination, was introduced for infringements of the Discrimination Act. The aim is to avoid a link to the Tort Liability Act and thereby create better conditions for higher levels of compensation for victims of discrimination. Compensation for discrimination is designed to both compensate for the violation represented by an infringement and act as a deterrent against discrimination. The Equality Ombudsman has been effective in using the new discrimination compensation. This new potentially innovative tool, replaces the concept of damages, since damages tended to be substantially low. Therefore, the new concept of compensation has been imposed as a sanction to raise both compensations and settlement payments to real deterrent levels. The Eqaulity Ombudsman reported in its annual report 2010 that the new sanctions have been effective in terms of increased claims in the authority's lawsuits and higher remuneration in the settlements. The highest compensation during 2010 has been 200 000 SEK (20 000 euros). This can be compared to 100 000 SEK (10.000 euros) in the previous damage sanctions. A woman was refused the opportunity to rent an apartment because her husband was a Roma. The Equality Ombudsman and the landlord reached an agreement whereby the woman received 40 000 SEK (4,000 euros) in compensation. The woman was at the showing of an apartment with a management company in Finspång and signed a contract the next day. The neighbours threatened to move claiming that they previously had problems with Roma in the area. The Equality Ombudsman (DO) investigated the case and determined that the woman was the victim of ethnic discrimination.
Ärende OMED 551/ 2008 (2010.09.01), http://www.do.se/sv/Press/Pressmeddelanden/Kvinna-nekades-hyreskontrakt--far-40-000-kronor-efter-forlikning/ The Equality Ombudsman, http://www.do.se |
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| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities | |
| Type (R/D) | Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia | |
| Key socio-economic / Institutional Areas | Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Culture, Media, Internet, Sport, Anti-discrimination, Anti-racism, Daily life, Religion | |
| External Url | http://www.do.se/ | |
| Situation(s) |
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| Library |
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