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Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?

Code:
RED9
Key Area:
Anti-discrimination Legislation & Implementation
Strand(s):
Discrimination, Equality
29/02/2012 - 11:54
Short Answer

Yes.

Qualitative Info

In the new Discrimination Act (2008:567) ethnicity and religion have an exemption from the prohibition of discrimination regarding labour market policy activities and for the people’s universities (Ch. 2 Sec. 6 and 9). A right for members of certain religions to refuse military service is also explicitly exempted (Ch. 2 Sec. 15). The Discrimination Act also contains rules on “active measures”. From an EC-law perspective such measures are within the realm of positive action in a more general meaning. The Act requires that the employers carry out a goal-oriented work to actively promote ethnic diversity in working life.The exception to the obligation to draw up such plans applies to employers who have fewer than 25 employees at the end of the last calendar year. In the area of education, there is an option to impose sanctions against education providers that do not fulfil their obligation to take active measures. Education providers can be ordered to fulfil these obligations or risk having to pay a fine.


Source: Discrimination Act (SFS 2008:567) http://www.sweden.gov.se/content/1/c6/11/81/87/f6e1a2b8.pdf (accessed 03.03.2012).

 

Report on measures to combat discrimination, Directives 2000/43/EC and 2000/78/EC, Country Report 2010, Sweden, Per Norberg, European network of legal experts in the non-discrimination field, http://www.non-discrimination.net/content/media/2010-SE-Country%20Report%20LN_final.pdf (accessed 03.03.2012). 

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) Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Anti-roma/zinghanophobia, Religious intolerance, Intra-ethnic, 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, Political discourse -parties - orgs, Political participation, Anti-discrimination, Anti-racism, Daily life, Religion
External Url http://www.sweden.gov.se/content/1/c6/11/81/87/f6e1a2b8.pdf
Situation(s)
Library
The Swedish Discrimination Act SFS 2008:567