Indicator history

In the Discrimination Act (SFS 2008:567) ethnicity and nationality need not refer to a specific origin. Discrimination of refugees, foreigners, immigrants are defined by being “non- Swedish” and discrimination against them is regarded as ethnic discrimination. Ethnicity is an umbrella term that is defined in the Discrimination Act, Chapter 1, section 5 as: "national or ethnic origin, skin colour or other similar circumstance." There are no explicit definitions or references to nationality or residence made in the Discrimination Act.  Furthermore, the Discrimination Act covers a number of areas, such as the application of social security regulations, where at least residence requirements are plenty. There are no exceptions in anti-discrimination law that seek to rely on Article 3(2). 

There are however, exceptions relating to difference of treatment based on nationality in other national law. According to Chapter 11 Sec. 11. of the Instrument of Government Swedish citizenship is required for judges, Chapter 6 Sec. 9 says that government ministers must have Swedish Citizenship, the Chancellor of Justice, the Parliamentary Ombudsman and the three Auditors General are the other examples when Swedish Nationality is required by the Instrument of Government (Government bill 2009/10:80 p. 333).  Positions were the person is elected by the Parliament requires Swedish citizenship according to the Riksdag Act (1974:153) Ch. 7 Sec. 11 ( SOU 2000:106, Medborgarskapskrav i svensk lagstiftning). 

In ECRI's Third Report on Sweden, 14 Juni 2005, ECRI draws the attention of the Swedish authorities to its General Policy Recommendation No. 75. In particular, ECRI stresses that, according to this General Policy Recommendation, the constitution “should enshrine the principle of equal treatment, the commitment of the State to promote equality as well as the right of individuals to be free from discrimination on grounds such as race, colour, language, religion, nationality and national or ethnic origin”, and “may provide that exceptions to the principle of equal treatment may be established by law, provided that they do not constitute discrimination”.

 SOU 2000:106, Medborgarskapskrav i svensk lagstiftning), http://http://www.regeringen.se/content/1/c4/23/16/d168d2a7.pdf (accessed 03.03.2012).

Discrimination Act (SFS 2008:567), http://www.do.se/Documents/pdf/new_discrimination_law.pdf (accessed 03.03.2012).

ECRI's Third Report on Sweden, 14 Juni 2005, http://www.manskligarattigheter.gov.se/dynamaster/file_archive/050614/f7619fe059c91a5e9cef8d8ab533e1ba/3rapportsweden.pdf (accessed 03.03.2012).