The work of the Swedish Equality Ombudsman - Indevelop

The work of the Swedish
Equality Ombudsman -
an overview
Mattias Falk, International secretary
www.do.se, do@do.se, +46 (0) 8-120 20 700

The Equality Ombudsman – Profile
A governmental agency formed on 1 January 2009
Has replaced four previous anti-discrimination
ombudsmen
The main task is combating discrimination and
promoting equal rights and opportunities
Page 2

The Equality Ombudsman – Profile (2/3)
Ms. Agneta Broberg is the Ombudsman and Director-
General of the agency
An Advisory Council (appointed by the agency)
Ca 100 staff members
Budget of 95 million SEK (ca 11 million EUR)
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The Equality Ombudsman – profile (3/3)
Member of the European Network of Equality bodies
(Equinet)
Accredited as a National Human Rights Institution
(NHRI), with ”B”-status
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The principal of equal treatment – a
fundamental human right
“All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience
and should act towards one another in a spirit of
brotherhood.”
(Article 1 of the Universal Declaration
of Human Rights)
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Antidiscrimination legislation
Children
and pupils
One law –
one
ombudsman
Working life
Higher
education
Goods and
services
Unlawful
discrimination
1971 1980 1994-99
2001 2003 2006 2009
Human Rights/EU-law
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Grounds of discrimination covered by the
Discrimination Act (2008:567)
Gender
Transgender identity or expression
Ethnicity
Religion or other belief
Disability
Sexual Orientation
Age
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Main areas covered by the Discrimination
Act
Working life
Education
Goods and services
– Shops, restaurants, housing, insurance, loans
– National Social Insurance System
– Health and medical care
– Social Services
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A closer look at the Discrimination Act
The prohibition of discrimination
– Direct discrimination
– Indirect discrimination
– Harassment
– Victimisation (retaliation)
Obligation to investigate and stop harassment from others
– Employment
– Education
Obligation to take proactive measures
– Employment
– Education
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Related legislation – the Parental Leave Act
(1995:584)
Ban on unfavourable treatment in connection with
parental leave:
employment/dismissal.
promotion, training for promotion.
vocational training on-the-job.
salary terms, other terms of employment.
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Tasks of the Equality Ombudsman
Monitor compliance with the statutory prohibitions of discrimination
and unfavourable treatment due to parental leave.
– Investigate individual complaints.
– Bring claims for compensation (damages) in court.
Monitor compliance with obligation of employers and education
providers to take pro-active measures to prevent discrimination.
Provide advice and support.
Promote equal rights and opportunities.
Propose legislative amendments and other anti-discrimination
measures to the Government.
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To combat discrimination…
Roma women are stopped
when entering buses,
shops or hotels, or denied
renting flats.
Page 12

To combat discrimination…
25 percent of homo- or
bisexual employees do
not feel comfortable
about being open about
their sexual orientation at
work.
Page 13

To combat discrimination…
Women (and men) are not
allowed to wear
headscarves or other
signs of their religion or
belief.
Page 14

To combat discrimination…
Elderly people are
disadvantaged in
employment.
Page 15

To combat discrimination…
Pregnant women are not
recruited, or lose their
jobs.
Pregnant women do not
get sick leave benefits if
their pregnancy makes it
impossible for them to
work.
Page 16

To combat discrimination -
intersectionality
- I want the same salary as
my Swedish co-workers!
- The men or the women?
Page 17

Complaints by discrimination ground
210 Ethnicity
168
41
82
63
16
514
Disability
Sex
Transgender
Unequal treatment due to parental leave
Religion or other belief
Sexual orientation
256
485
Age
Ground not mentioned
Total of complaints 2012: 1559
Sida 18

Complaints by social area
118
29
61
10
57
22
169
116
33
61 50
Labour Market Politics etc
279
46
507
Employment
Housing
Outside the Boundaries of the Act
Insurance and Banking
Health Care
Membership in Labour Market Org
Civil Servants
Restaurants and Shops
Social Securiy
Civil service
Entrepreneurship
Education
Goods and Services, other
Only one complaint in the area of
military duty or civil duty in 2012
Sida 19