Country context

There is no tradition of monitoring ethnicity within society and no long-established tradition as regards non-discriminatory legislation either, although an Equal Opportunities Act relating to sex and employment was introduced in 1979. Lately, however, the Swedish Government has been very active regarding the introduction of non-discrimination legislation, both anticipating and transposing EU law. It is the Government’s opinion that protection against discrimination, in principle, should be harmonised regardless of the protected group. A new Discrimination Act entered into force 1 of January 2009.[1] It covers sex, ethnicity, religion, sexual orientation and disability (the grounds covered by the repealed Acts). The Discrimination Act also implemented the EU legislation on age discrimination and introduced a new discrimination ground, gender transgressing identity or expressions.

Sweden, with predominantly social democratic governments during the last century, can be said to have developed a fairly comprehensive welfare state. Social and economic goods have only to a limited extent been articulated as rights giving rise to legal claims though, and there is a weak constitutional tradition as regards fundamental rights.

Swedish law is based to a considerable extent on written law, while case law plays a smaller, though important role. Power to enact laws is vested in the Swedish Parliament. Legislative initiative lies predominantly with the Government. The groundwork in the preparation of bills is laid by commissions of inquiry, legal experts in the ministries and Parliamentary standing committees. The Swedish law-making process thus generates a voluminous body of printed matter which is important in applying the legislation.

Primary responsibility for the enforcement of legal rules devolves upon the courts and the various administrative authorities. The general courts (the district courts, the courts of appeal and the Supreme Court) mainly enforce civil law and criminal law legislation. The administrative court system (the administrative courts, the administrative courts of appeal and the Supreme Administrative Court) deals with appeals against decisions by public authorities. The Swedish Labour Court is a special court which tries labour disputes.

Certain cases can be brought directly before the Labour Court, while other cases (presented by individuals not supported by their professional organisation or – in matters of discrimination – by the Equality Ombudsman) must first be brought before a district court. The administration is organised in a well-developed network of administrative authorities with a relatively independent position, regulated in general by instructions laid down by the Government.

In order to understand the functioning of Swedish labour law, and thus important parts of the non-discrimination legislation, it is crucial to have in mind the special role designated to the social partners, whereas other NGOs have a very restricted role. The Swedish labour market is characterised by a high degree of organisational density, roughly 70 %. This is true of employees and employers alike, and whether in the private or the public sector. This organisational structure is reflected in collective bargaining and the fact that important issues are still outside the scope of law, for instance wages. As a general rule, work as a civil servant is ruled by contracts and collective agreements, largely in the same way as private employment, and the same rules apply.